t-15.01, r. 5 - Rules of procedure of the Administrative Housing Tribunal

À jour au 31 août 2020

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chapter T-15.01, r. 5

Rules of procedure of the Administrative Housing Tribunal

Act respecting the Administrative Housing Tribunal

(chapter T-15.01, s. 85).

The former alphanumerical designation of these Rules was chapter R-8.1, r. 5.

Decision 92-11-23; S.Q. 2019, c. 28, ss. 74 and 158.

DIVISION I GENERAL PROVISIONS

1. The object of the present rules is to establish procedure that will apply to recourses before the Administrative Housing Tribunal 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 member 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 TRIBUNAL

§ 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 Tribunal.

Decision 92-11-23, s. 4.

5. An office of the Tribunal 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 Tribunal 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 member.

A member 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 Tribunal 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 Tribunal a duly completed copy of the Form within 20 days of the mailing of the Form by the Tribunal.

He must file his supporting documents and his invoices at the hearing unless he has already filed them at the office of the Tribunal.

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 member 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 Tribunal 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 Tribunal 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 Tribunal 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 Tribunal 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 member 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 Tribunal may convene the parties to a pre-trial conference before a member 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 member who presides at the conference.

Decision 92-11-23, s. 15.

§ 5 . — Notice of hearing

16. The Tribunal 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 Tribunal 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 member 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 Tribunal 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 Tribunal. The motion must be notified to all the parties involved before the hearing.

The member 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 member seized of an application or motion must do so in writing. The member 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 member refuses to recuse himself, the party may, within 3 days following the refusal, file a motion for recusation which must be heard by a member 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 member 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 Tribunal reconvenes the parties to a hearing before the member 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 member, a motion for recusation against one of them suspends the hearing unless the chair of the Tribunal, where he considers it advisable and of his own initiative, appoints another member.

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 Tribunal.

Decision 92-11-23, s. 28.

29. At the hearing, the member 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 member 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 member 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 Tribunal 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 member 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 member 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 member 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 member.

Unless the member 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 member without the other party being present.

Decision 92-11-23, s. 38.

39. A member 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 Tribunal 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 Tribunal may record hearings by any appropriate means.

If a member 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 member 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 Tribunal. 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 Tribunal 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 member 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 member 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 Tribunal 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 member seized of a matter fails to render his decision within the above time, the chair or designated vice-chair may remove the member from the case and order that the matter be entrusted to another member or that it be re-inscribed on the roll.

Decision 95-02-24, s. 2.

41.2. The Tribunal 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 Tribunal 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 Administrative Housing Tribunal 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 Tribunal 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 member 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 member 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 member who rendered the decision which is the subject of the application for revocation.

Decision 92-11-23, s. 46.

§ 3 . — Review

47. The member 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 Tribunal for a ruling on the advisability of a demolition, the lessor must, within 10 days of notification of the application, file with the Tribunal 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 Tribunal 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 Tribunal for a ruling on the advisability of a demolition may discontinue his application with the member’s authorization and on the conditions the member 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 Tribunal sends him a copy of the notice of hearing.

Decision 92-11-23, s. 51.

52. At the hearing, unless the member 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 Tribunal for authorization to alienate an immovable situated in a housing complex must file with the Tribunal, 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 Tribunal 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 Tribunal, 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 Tribunal

58. The Tribunal 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 Tribunal pertaining to the preservation of a dwelling, or to desist from, or not undertake, any operation that contravenes the Act respecting the Administrative Housing Tribunal (chapter T-15.01), 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 Tribunal to testify with respect to the facts giving rise to the intervention.

Decision 92-11-23, s. 58.

59. The Tribunal 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 member, 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.

SCHEDULE I

(Revoked)

Decision 92-11-02, Sch. I; Decision 94-04-29, s. 2; Decision 98-04-24, s. 3.

SCHEDULE II

(Revoked)

Decision 92-11-02, Sch. II; Decision 94-04-29, s. 2; Decision 98-04-24, s. 3.

SCHEDULE III

(Revoked)

Decision 92-11-02, Sch. III; Decision 94-04-29, s. 2; Decision 98-04-24, s. 3.

SCHEDULE IV

(Revoked)

Decision 92-11-02, Sch. IV; Decision 94-04-29, s. 2; Decision 98-04-24, s. 3.

SCHEDULE V

(Revoked)

Decision 94-04-29, s. 2; Decision 98-04-24, s. 3.

SCHEDULE VI

(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

S.Q. 2019, c. 28, ss. 74 and 158