R-8.1, r. 5 - Rules of procedure of the Régie du logement

Full text
chapter R-8.1, r. 5
Rules of procedure of the Régie du logement
RÉGIE DU LOGEMENT — PROCEDURE
Act respecting the Régie du logement
(chapter R-8.1, s. 85).
R-8.1
September 1 2012
DIVISION I
GENERAL PROVISIONS
1. The object of the present rules is to establish procedure that will apply to recourses before the Régie du logement in such a way as to make the process simpler, easier and faster, while still respecting the basic principles of justice and equality for both parties.
Decision 92-11-23, s. 1.
2. The failure to respect a rule of procedure does not affect the outcome of an application or a motion provided the irregularity is remedied while it is still possible to do so.
Unless the commissioner decides otherwise, any delay, or formal or procedural irregularity may be remedied before him at the hearing.
Decision 92-11-23, s. 2.
DIVISION II
PROCEDURE BEFORE THE BOARD
§ 1.  — Application
3. Every application or motion must be made in writing and signed by the party filing it.
It must contain the following information:
(1)  the name and address of the party filing it and of the party against whom it is directed, including first names in the case of individuals;
(2)  the address of the dwelling in question;
(3)  a brief outline of the grounds alleged in support of the case;
(4)  the desired conclusions.
Decision 92-11-23, s. 3.
4. The date of filing of an application or motion is held to be the date on which it is received at any office of the board.
Decision 92-11-23, s. 4.
5. An office of the board which receives an application or motion with respect to a dwelling or parcel of land situated outside of the territory which it serves must transmit the application or motion to the office which has jurisdiction.
Decision 92-11-23, s. 5.
6. An application may include any number of conclusions provided they are neither incompatible nor contradictory.
Decision 92-11-23, s. 6.
7. Notification of an application or motion filed at the board is effected within a reasonable time, by registered mail or by bailiff. It may also be effected by any other means which permits proof of reception. Proof of notification or service must be made before the commissioner.
A commissioner may, even upon verbal motion, authorize another mode of notification, in particular, by public notice. He may also, upon seeing the bailiff’s return of service to the effect that unsuccessful attempts were made to serve the application or motion, authorize that person to effect notification in the manner which he determines.
Where the attempt to effect service was made by a bailiff and was recorded in his certificate, the bailiff may, without authorization, serve the proceeding by leaving on the premises a copy of the written proceeding intended for the addressee.
Decision 92-11-23, s. 7; Decision 98-04-24, s. 1; I.N. 2016-01-01 (NCCP).
8. After receiving an application to fix rent, to contest the adjustment of rent or an application to modify a lease, the board sends to the lessor 2 copies of the form he must complete to provide all the information necessary for fixing the rent, particularly the income and the operating and capital expenditures of the building.
This section does not apply to an application for revision of lease for rent in a dwelling in low-rental housing within the meaning of article 1984 of the Civil Code.
Decision 92-11-02, s. 8; Decision 94-04-29, s. 1; Decision 98-04-24, s. 2.
9. The lessor must return to the office of the board a duly completed copy of the Form within 20 days of the mailing of the Form by the board.
He must file his supporting documents and his invoices at the hearing unless he has already filed them at the office of the board.
Decision 92-11-23, s. 9.
§ 2.  — Representation by mandatary
10. Unless he is that party’s spouse or a lawyer, the mandatary representing a party, whether for the filing of an application or motion or at the hearing, must present the written mandate which he holds, either at the time the application or motion is filed or at the hearing, depending on the nature of the mandate.
The mandate may be filed subsequently, even in review, provided the commissioner is satisfied that a mandate existed at the time the mandatary acted on behalf of his mandator.
Decision 92-11-23, s. 10.
11. If a party is represented by an advocate, the advocate must file an appearance stating his name, that of his firm, his address and telephone number, the date of his appearance, the name of the party he represents as well as the case record number and address of the dwelling in question.
From the time of filing the appearance, the advocate receives any written communication issued by the board other than the information necessary for fixing the rent form.
Decision 92-11-23, s. 11.
12. An advocate who ceases to represent a party must file with the board a written document to that effect indicating the date on which his mandate ended.
Decision 92-11-23, s. 12.
13. Any party who wishes to revoke the mandate he has conferred must file with the board a written document indicating that he no longer wishes to be represented by that mandatary.
This declaration may also be made verbally at the hearing.
Decision 92-11-23, s. 13.
§ 3.  — Agreement
14. Where the parties reach an agreement, the board closes the case record upon the filing of a copy of the agreement signed by the parties unless the party who filed the application or application files a written request to have the case suspended. Thereafter, the case will only be placed on the roll upon the written request of a party.
Where an agreement is made or filed at the hearing and signed by the parties, the commissioner may ratify the agreement in the form of a decision.
Decision 92-11-23, s. 14; I.N. 2016-01-01 (NCCP).
§ 4.  — Pre-trial conference
15. Before the hearing is held, the board may convene the parties to a pre-trial conference before a commissioner in order to plan the proceedings and discuss the presentation of the evidence at the hearing; appropriate means to simplify, facilitate and accelerate the proceedings are to be examined.
The agreements and decisions made at the pre-trial conference are noted in minute form and are signed by the parties and by the commissioner who presides at the conference.
Decision 92-11-23, s. 15.
§ 5.  — Notice of hearing
16. The board sends to the parties a notice of hearing stating the place, date and time of the hearing and the subject matter of the application or of the motion.
The attestation to the sending of the notice is, in the absence of proof to the contrary, proof that it has been received by the addressee.
Decision 92-11-23, s. 16; Decision 98-10-23, s. 1.
17. If public notice has been authorized as a mode of notification, the board posts the notice of hearing at the office serving the territory in which the dwelling or parcel of land is located, in a place visible and open to the public.
Decision 92-11-23, s. 17; I.N. 2016-01-01 (NCCP).
§ 6.  — Incidental proceedings
Amendment
18. A party may, at any time before the hearing, amend his application or motion in order to modify, rectify or complete allegations or conclusions, to invoke facts that occurred during the proceedings in progress or to assert a right accrued since the application or motion was filed that is related to a right exercised in the original application or motion.
The party that files the amendment must notify a copy to the other party.
Decision 92-11-23, s. 18; I.N. 2016-01-01 (NCCP).
19. When, by amendment, a party is added, a copy of the original application or motion must also be notified to him; said application or motion, as far as he is concerned, is deemed to have been filed on the date of said notification.
Decision 92-11-23, s. 19; I.N. 2016-01-01 (NCCP).
20. A commissioner may, at a hearing and in the presence of the adverse party, authorize an amendment upon a simple verbal application noted in the minutes.
Decision 92-11-23, s. 20.
21. An amendment is not permitted if it is unnecessary or contrary to the interests of justice, or if it results in an entirely new application or motion that has no relation to the original one.
Decision 92-11-23, s. 21.
Discontinuance and Renunciation
22. A party may, at any time before the decision, discontinue his application or motion by means of a written declaration.
The board notifies the other party of the discontinuance unless it is filed at the hearing in the presence of the other party.
Decision 92-11-23, s. 22.
Continuance of proceedings and intervention
23. A person who has a legal interest in intervening in an application or a motion to which he is not a party or in continuing the proceedings in his name, may do so by filing a motion in intervention or continuance of proceedings with the board. The motion must be notified to all the parties involved before the hearing.
The commissioner may, at the time of the hearing, authorize an intervention or a continuance of proceedings upon a simple verbal application noted in the minutes. He may then impose the conditions he considers necessary for the protection of the rights of the parties.
Decision 92-11-23, s. 23; I.N. 2016-01-01 (NCCP).
Recusation
24. A party who intends to raise grounds for recusation against a commissioner seized of an application or motion must do so in writing. The commissioner must then make it known whether or not he agrees to recuse himself and record his decision in the minutes. If he refuses, he must adjourn the hearing.
Decision 92-11-23, s. 24.
25. If the commissioner refuses to recuse himself, the party may, within 3 days following the refusal, file a motion for recusation which must be heard by a commissioner other than the one whose recusation is requested.
A motion for recusation suspends the hearing until the parties have been notified of the decision on the motion.
Decision 92-11-23, s. 25.
26. If the motion for recusation is upheld, the recused commissioner must refrain from attending the hearing.
If no motion for recusation is filed within the necessary time limit, or if the motion is dismissed, the board reconvenes the parties to a hearing before the commissioner originally seized of the case; the latter may not refuse to sit.
Decision 92-11-23, s. 26.
27. If an application is being heard by more than one commissioner, a motion for recusation against one of them suspends the hearing unless the chair of the board, where he considers it advisable and of his own initiative, appoints another commissioner.
Decision 92-11-23, s. 27.
Postponement
28. A party who wishes to have a hearing postponed to a date subsequent to that indicated in the notice of hearing must file the written consent of the other party with the board.
Decision 92-11-23, s. 28.
29. At the hearing, the commissioner may, of his own initiative or on the written or verbal application of a party, postpone or adjourn the hearing to a later date.
Any decision pertaining to an application for postponement must be recorded in the minutes.
Decision 92-11-23, s. 29; I.N. 2016-01-01 (NCCP).
DIVISION III
THE HEARING
§ 1.  — Striking of a case
30. Where none of the parties is present at the hearing, the case is struck or postponed.
If only the defendant is present, the commissioner may strike, postpone or dismiss the application or motion.
Decision 92-11-23, s. 30.
31. The application or motion may also be struck if, at the hearing, the party who filed it declares that he was unable to notify it due to his inability to locate the other party.
Decision 92-11-23, s. 31; I.N. 2016-01-01 (NCCP).
32. Where a case has been struck, it cannot be placed on the roll unless a party so requests in writing. If within the year following the striking of an application or motion no request to place the case on the roll is made, either party may, by motion, request peremption of the suit.
Decision 92-11-23, s. 32.
§ 2.  — Procedure
33. Hearings are public; however, a commissioner may, of his own initiative or on application by a party, order that a hearing be held in private if he considers it necessary in the interest of justice.
Decision 92-11-23, s. 33; I.N. 2016-01-01 (NCCP).
34. Every person who attends a hearing must behave with respect, remain silent and abstain from showing approval or disapproval, on pain of expulsion.
Decision 92-11-23, s. 34.
35. A party requiring the presence of a witness has him summoned by a subpoena issued by the board and served by a bailiff, at the party’s own expense, at least 3 days before the date of the hearing.
In an emergency, a commissioner may shorten that time.
A person may be summoned to produce documents in the same manner.
Decision 92-11-23, s. 35; I.N. 2016-01-01 (NCCP).
36. Witnesses are questioned under oath.
The commissioner may, of his own initiative or at the request of a party, order that the witnesses testify outside each other’s presence.
Decision 92-11-23, s. 36.
36.1. Where a party intends to request permission to file a statement to avail in lieu of testimony, he shall, as soon as possible before the hearing, notify the other party or provide the other party with the document, unless the other party agrees to the filing. Notwithstanding the foregoing, if circumstances so warrant, a commissioner may, upon verbal request, authorize other procedures and, where expedient, determine the time period for the communication of the document.
Any other exhibit, including a writing or material evidence, may be filed at the hearing without other formality.
Decision 95-02-24, s. 1.
37. No document may be filed after the hearing except with the prior authorization of the commissioner.
Unless the commissioner decides otherwise, the party filing such a document must send a copy to the other party.
Decision 92-11-23, s. 37.
38. Outside the hearing, neither a party nor his witness may address the commissioner without the other party being present.
Decision 92-11-23, s. 38.
39. A commissioner who has taken a case under advisement may, of his own initiative or on request, allow the hearing to be resumed for the reasons and under the conditions he determines.
The board notifies the parties thereof by sending them a notice of hearing.
Decision 92-11-23, s. 39.
§ 2.1.  — Recording of hearings
Decision 95-10-19, s. 1.
39.1. The board may record hearings by any appropriate means.
If a commissioner does not record a hearing, he must indicate the reasons in the minutes of the hearing.
Decision 95-10-19, s. 1.
39.2. Any other means of recording, auditory or visual, is forbidden unless authorized by the commissioner and on the conditions he determines.
The playing of a recording of a hearing in a public place or for the purposes of a public broadcast is forbidden.
Decision 95-10-19, s. 1.
39.3. Anyone may, on payment of the costs, obtain a stenographic transcript of the recording made by the board. The request must be made in writing within 12 months of the date of the hearing.
All stenographic transcripts must be prepared by a stenographer whose competence is established in accordance with the rules set forth in the Stenographers Act (chapter S-33).
Reproduction of the stenographic transcript is forbidden.
Decision 95-10-19, s. 1; Decision 98-10-23, s. 2.
39.4. The board destroys the original recording upon the expiry of the aformentioned 12-month delay, unless the chair or vice-chair whom he designates decides otherwise.
Decision 95-10-19, s. 1; Decision 98-10-23, s. 3.
§ 3.  — Inspection of premises and expertise
40. When the commissioner decides to visit the premises in question, he informs the parties of the time of his visit so that they may be present.
Decision 92-11-23, s. 40.
41. The commissioner who orders that an expert opinion be provided or that the premises be inspected must adjourn the hearing until the report of the expert or inspector is filed.
The board sends a copy of the report to the parties and reconvenes them to be heard with respect to the report.
Decision 92-11-23, s. 41.
DIVISION III.1
THE DECISION
Decision 95-02-24, s. 2.
41.1. The decision shall be rendered within 3 months of the date on which the case is taken under advisement. Notwithstanding the foregoing, the chair or vice-chair designated by him may extend that time.
Where a commissioner seized of a matter fails to render his decision within the above time, the chair or designated vice-chair may remove the commissioner from the case and order that the matter be entrusted to another commissioner or that it be re-inscribed on the roll.
Decision 95-02-24, s. 2.
41.2. The board shall send the parties a copy of the decision by mail or by any other appropriate means.
The attestation of mailing attests to the sending, unless proven otherwise.
Decision 95-02-24, s. 2.
DIVISION IV
SPECIAL PROCEEDINGS
§ 1.  — Deposit of rent
42. Rent must be deposited at any office of the board in cash, by certified cheque, certified order to pay drawn on a savings or credit union, banker’s draft or postal money order, payable to the order of the Régie du logement in trust.
It must be accompanied by a copy of the decision authorizing the deposit.
Decision 92-11-23, s. 42.
43. Rent deposited at the board may be withdrawn upon the written consent of the parties.
A decision authorizing the withdrawal of the rent is followed by an application for withdrawal, accompanied by a certificate of non-appeal, where applicable.
Decision 92-11-23, s. 43.
§ 2.  — Revocation
44. The application for revocation of a decision must include not only the grounds in support thereof, but also, if filed by the defendant to the original application, a brief statement of the grounds of defence to the original application.
Decision 92-11-23, s. 44.
45. If a commissioner hearing an application for revocation of a decision grants the revocation, he may immediately hold a hearing on the original application or postpone the hearing on that application to a later date.
Decision 92-11-23, s. 45.
46. An application for revocation of a decision must be heard by a commissioner other than the one who rendered the decision.
However, where the sole reason for the application is that a party was prevented from attending the hearing, the application may be heard by the commissioner who rendered the decision which is the subject of the application for revocation.
Decision 92-11-23, s. 46.
§ 3.  — Review
47. The commissioner who hears an application for the fixing of rent may not review his decision.
Decision 92-11-23, s. 47; Decision 95-02-24, s. 3.
DIVISION V
APPLICATIONS CONCERNING THE PRESERVATION OF DWELLINGS
§ 1.  — Demolition of dwellings
48. If a lessee applies to the board for a ruling on the advisability of a demolition, the lessor must, within 10 days of notification of the application, file with the board a list of the names and addresses of lessees who have received an eviction notice together with the dates of the expiry of their leases.
The case may not be placed on the roll unless the lessor has filed that list.
Decision 92-11-23, s. 48; I.N. 2016-01-01 (NCCP).
49. The board sends a notice of hearing as well as a copy of the decision to each lessee whose name appears on the list.
Decision 92-11-23, s. 49.
50. A lessee who applies to the board for a ruling on the advisability of a demolition may discontinue his application with the commissioner’s authorization and on the conditions the commissioner considers necessary to protect the rights of the other lessees and, where applicable, of the person who wishes to preserve a dwelling as rental housing.
Decision 92-11-23, s. 50.
51. If a person who wishes to preserve a dwelling as rental housing files a writing in the record, stating his name and address, before the notice of hearing is mailed to the parties, the board sends him a copy of the notice of hearing.
Decision 92-11-23, s. 51.
52. At the hearing, unless the commissioner decides otherwise, the parties are heard in the following order: the lessor, the lessees and the persons who have made written statements, if any.
Decision 92-11-23, s. 52.
§ 2.  — Alienation of an immovable located in a housing complex
53. The person applying to the board for authorization to alienate an immovable situated in a housing complex must file with the board, together with his application, a list of the names and addresses of lessees in the housing complex and, where applicable, those of the prospective acquirer or of the owner.
Decision 92-11-23, s. 53.
54. The applicant must have a copy of the application notified to each of the lessees in the housing complex.
In the case of the alienation of an immovable that is part of a housing complex, the application must also be notified, where applicable, to the owner or the prospective acquirer.
Decision 92-11-23, s. 54; I.N. 2016-01-01 (NCCP).
55. The board sends a notice of hearing to the owner, to each lessee in the housing complex and, where applicable, to the prospective acquirer.
Decision 92-11-23, s. 55.
§ 3.  — Conversion of a rental residential immovable to divided co-ownership
56. The owner who wishes to convert a residential immovable to divided co-ownership must file at the board, together with his application for authorization, a list of the names and addresses of the lessees in the immovable.
At the hearing, he must produce an updated list of lessees in the immovable.
Decision 92-11-23, s. 56.
57. Sections 54 and 55 apply, with the necessary modifications, to an application to convert a rental residential immovable to divided co-ownership.
Decision 92-11-23, s. 57.
§ 4.  — Intervention of the board
58. The board serves by bailiff an order to appear as witness upon a person against whom it intends to issue an order requiring him to abide by a decision of the board pertaining to the preservation of a dwelling, or to desist from, or not undertake, any operation that contravenes the Act respecting the Régie du logement, (chapter R-8.1) in this regard and, where applicable, to return the premises to their original condition.
The order to appear as witness must give the place, date and time of the hearing and order that the person appear before the board to testify with respect to the facts giving rise to the intervention.
Decision 92-11-23, s. 58.
59. The board must serve by bailiff the order issued against the person referred to therein.
Decision 92-11-23, s. 59.
DIVISION VI
RECORDS
60. (Revoked).
Decision 92-11-02, s. 60; Decision 94-11-24, s. 1.
61. Unless authorized by the commissioner, where an application has been taken under advisement, no document may be removed from the case record as long as a decision has not been rendered or a discontinuance or an agreement that closes the case has not been filed.
Decision 92-11-23, s. 61.
62. Only the party who has filed a document may withdraw it by signing a receipt which is filed in the record.
Decision 92-11-23, s. 62.
DIVISION VII
FINAL PROVISIONS
63. These Rules replace the Rules of procedure of the Régie du logement (Decision 81-07-06).
Decision 92-11-23, s. 63.
64. (Omitted).
Decision 92-11-23, s. 64.
(Revoked)
Decision 92-11-02, Sch. I; Decision 94-04-29, s. 2; Decision 98-04-24, s. 3.
(Revoked)
Decision 92-11-02, Sch. II; Decision 94-04-29, s. 2; Decision 98-04-24, s. 3.
(Revoked)
Decision 92-11-02, Sch. III; Decision 94-04-29, s. 2; Decision 98-04-24, s. 3.
(Revoked)
Decision 92-11-02, Sch. IV; Decision 94-04-29, s. 2; Decision 98-04-24, s. 3.
(Revoked)
Decision 94-04-29, s. 2; Decision 98-04-24, s. 3.
(Revoked)
Decision 94-04-29, s. 2; Decision 98-04-24, s. 3.
REFERENCES
Decision 92-11-23, 1992 G.O. 2, 5055
Decision 94-04-29, 1994 G.O. 2, 2001
Decision 94-11-24, 1994 G.O. 2, 4637
Decision 95-02-24, 1995 G.O. 2, 976
Decision 95-10-19, 1995 G.O. 2, 3097
Decision 98-04-24, 1998 G.O. 2, 1821
Decision 98-10-23, 1998 G.O. 2, 4482