Residential Tenancies Dispute Resolution Service – Page 2

PDF Version: Alberta Extends the Residential Tenancy Dispute Resolution Service Regulation for Another 5 Years

Order Commented On: Order in Council 084/2022 (April 6, 2022)

On April 6, the Lieutenant Governor in Council issued Order in Council 084/2022 which amends section 35 of the Residential Tenancy Dispute Resolution Service Regulation, Alta Reg 98/2006 to extend the Regulation for another 5 years (moving the expiry date from April 30, 2022, to April 30, 2027). There is nothing particularly unusual about this amendment, and indeed it would be very problematic if the Regulation were simply left to expire on April 30 given the role and function of the Residential Tenancy Dispute Resolution Service (RTDRS) in adjudicating landlord-tenant disputes under the Residential Tenancies Act, SA 2004, c R-17.1 and the Mobile Home Sites Tenancies Act, RSA 2000, c M-20. My reason for noting this here is because of what did not occur along with the amendment. Specifically, the absence of any apparent review of the Regulation and its governance measures concerning the RTDRS.

By: Jonnette Watson Hamilton

PDF Version: Setting Aside and Varying Orders of the Residential Tenancies Dispute Resolution Service for Procedural Unfairness

Cases Commented On: 21006414 (Re), 2021 ABRTDRS 19 (CanLII), 20003149 (Re), 2020 ABRTDRS 18 (CanLII), 20003525 (Re), 2020 ABRTDRS 21 (CanLII), and Hammond v Hammond, 2019 ABQB 522 (CanLII)

This post looks at how difficult it is to have an order of the Residential Tenancy Dispute Resolution Service (RTDRS) set aside or varied. The power of a Tenancy Dispute Officer (TDO) to set aside or vary their own order was added in 2017 to the Residential Tenancies Dispute Resolution Service Regulation, Alta Reg 98/2006 (RTDRS Regulation). Unfortunately, there has been little reported consideration of how the new section 19.1 works. There are three reported Reasons for the Decision from the RTDRS, all of which were written by TDO J. Young. The most recently added Reasons for Decision cited two Court of Queen’s Bench cases that provide some principles that can be used to interpret section 19.1. It is therefore an opportune time to look at how easy (or difficult) it is for a landlord or tenant to persuade a TDO to set aside or vary the TDO’s own order.

Category: Residential Tenancies Dispute Resolution Service

Alberta Extends the Residential Tenancy Dispute Resolution Service Regulation for Another 5 Years

Setting Aside and Varying Orders of the Residential Tenancies Dispute Resolution Service for Procedural Unfairness