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Consolidated Newfoundland Regulation 1996 CONSOLIDATED Residential
Tenancies Regulations Under the authority of section 40 of the Residential Tenancies Act and the Subordinate Legislation Revision and Consolidation Act, the Lieutenant‑Governor in Council makes the following regulations. REGULATIONS Analysis 1. Short title 2. Definition 3. Forms for matters under Act 4. Section 38 proceeding 5. Subsection 38(5) order 6. Notification of hearing 7. Notice of discontinuance 8. Subpoena 9. Report of the board 10. Affidavit of service 11. Notice of objection 12. Application under subsection 38(10) 13. Affidavit of service of notice 14. Annual interest rate 15. Repeal Schedules Short title 1. These regulations may be cited as the Residential Tenancies Regulations. 178/89 s1 Definition 2. In these regulations "Act" means the Residential Tenancies Act. 178/89 s2 Forms for matters under Act 3. Unless otherwise specifically prescribed by the court, the forms prescribed in these regulations shall be used for matters pertaining to the Act. 178/89 s3 Section 38 proceeding 4. A proceeding in the Trial Division of the Supreme Court of Newfoundland under section 38 of the Act shall be commenced in the form prescribed in Schedules A and B. 178/89 s4 Subsection 38(5) order 5. An order of the court in accordance with subsection 38(5) of the Act referring all or part of a matter before the court to a board shall be in the form prescribed in Schedule C. 178/89 s5 Notification of hearing 6. A notice of the time and place of a hearing before a board in accordance with section 33 of the Act shall be in the form prescribed in Schedule D. 178/89 s6 Notice of discontinuance 7. (1) A notice discontinuing the action commenced in court shall be in the form prescribed in Schedule E and shall be attached to the notice of hearing prescribed in Schedule D. (2) A person who wishes to discontinue the action commenced in the Trial Division may do so by completing and signing the notice of discontinuance and forwarding it to the board any time before receiving the report of a board or to the court any time after that before a final disposition by the court, and shall immediately deliver a copy to the other party. 178/89 s7 Subpoena 8. A subpoena issued by a board in accordance with section 32 of the Act to secure the attendance of a person at an investigation of a board shall be in the form prescribed in Schedule F. 178/89 s8 Report of the board 9. A report of a board to a court under section 38 of the Act shall be substantially in accordance with the form set out in Schedule G. 178/89 s9 Affidavit of service 10. An affidavit proving service of a board's report upon a landlord and tenant in accordance with subsection 38(7) of the Act shall be sent to the court in the form prescribed in Schedule H. 178/89 s10 Notice of objection 11. A notice of objection under subsection 38(8) of the Act shall be in the form prescribed in Schedule I, and a person filing a notice of objection with the court shall immediately deliver a copy to the other party. 178/89 s11 Application under subsection 38(10) 12. An application to the court under subsection 38(10) of the Act shall be in the form prescribed in Schedule J, and a person filing an application like that shall immediately deliver a copy to the other party. 178/89 s12 Affidavit of service of notice 13. An affidavit proving service of a notice of hearing or an order of a board in accordance with section 33 of the Act or proving service of a subpoena may be in the form set out in Schedule K. 178/89 s13 Annual interest rate 14. The annual rate of interest to be paid for a period between January 1 and December 31 of a year (a) by a landlord to a tenant on a security deposit under section 15 of the Act; or (b) where interest is to be paid by a landlord to a tenant under the Act, is the rate obtained by subtracting 4 percentage points from the average Bank of Canada prime rate for the 12 month period ending November 30 of the immediately preceding year. 178/89 s14 Repeal 15. The Residential Tenancies Regulations, 1989, Newfoundland Regulation 178/89, are repealed. Schedule A 19.... No..... IN THE SUPREME COURT OF NEWFOUNDLAND BETWEEN Plaintiff Defendant ORIGINATING APPLICATION (Inter partes) TO THE SUPREME COURT OF The application of the Plaintiff says: 1. That the Plaintiff is Landlord [], Tenant []with respect to residential premises described as: (Apt. No.)................... (Address)............................................................................ 2. That five days notice of intention to commence proceedings in this court, pursuant to section 38(3) of the Residential Tenancies Act, had been given to the Defendant. 3. That the facts in dispute are: 4. The Plaintiff therefore applies for an order under section 38 of the Residential Tenancies Act: [] requiring payment of money by the Defendant; [] requiring the Defendant to perform or cease and desist from..................................................................................; [] directing the application of a security deposit; [] directing that rent to be paid in trust to........................... with appropriate conditions; [] declaring the tenancy to be terminated; [] directing that the Plaintiff be put into possession of the residential premises; [] setting aside a notice to quit; or []........................................; and such other order as may be appropriate and the Plaintiff's cost of this action. DATED at......................, Present Address of Defendant: .............................................. Signature and Address of Schedule B 19.... No..... IN THE SUPREME COURT OF NEWFOUNDLAND BETWEEN Plaintiff Defendant NOTICE TO THE DEFENDANT(S) TAKE NOTICE that the foregoing application
will be heard by the judge presiding in the chambers at the Court House
at............... (a) cause to be delivered to the plaintiff or the plaintiff's solicitor at the address named for service not later than two clear days before the hearing of the application, a true copy of any affidavit or other material that you or your solicitor intend to read o the hearing of the application; and (b) appear on the hearing of the application at the time and place appointed for the hearing. * * * * * * RECEIPT OF DEFENDANT(S) OR SOLICITOR FOR DEFENDANT(S) I (we) acknowledge receipt of a true copy of this document. ________ Date
_____________________ Schedule C 19.... No..... IN THE SUPREME COURT OF NEWFOUNDLAND BETWEEN Plaintiff Defendant REFERRAL ORDER Before the Honourable Justice................................ UPON IT APPEARING THAT the plaintiff has made application under section 38 of the Residential Tenancies Act; IT IS ORDERED THAT the following matter be referred to the Residential Tenancies Board for a report: ......................................................................................................................................................................................................... ..................................................................................................... DATED at...................., __________________________ Schedule D RESIDENTIAL TENANCIES BOARD IN THE MATTER 19 No. BETWEEN Defendant Plaintiff NOTICE OF HEARING WHEREAS the above noted matter was referred to the........... Residential Tenancies Board by Order of the Supreme Court dated.............; TAKE NOTICE that a hearing before the Board concerning (matter referred)........................................................... will take place at (time)..................(date).............................. 19..... at (location)............................................................................... Should this matter be settled by the parties, you are required to sign and complete the Notice of Discontinuance and return it to the Board immediately, at least 2 days prior to the date set for hearing. Dated:................ _______________________ Schedule E NOTICE OF DISCONTINUANCE Whereas the parties described in the Notice of Hearing have settled the matter which was the subject of that Notice; Now therefore the parties wish to discontinue the matter described on the Notice of Hearing and have executed this Notice of Discontinuance to evidence their discontinuation of the said matter. Signed by the Plaintiff or for the Plaintiff this.......... day of..........., 199... at........................... _____________________________________ Signed by the Defendant or for the Defendant this....... day of..........., 199.... at............................ _________________________________________ Schedule F RESIDENTIAL TENANCIES BOARD IN
THE MATTER
BETWEEN Plaintiff Defendant SUBPOENA To: of: YOU Dated:....................... __________ Schedule G RESIDENTIAL TENANCIES BOARD IN THE MATTER 19.... No..... IN THE SUPREME COURT OF BETWEEN Plaintiff Defendant REPORT OF THE RESIDENTIAL TENANCIES BOARD Date of referral from Supreme Court:............................................. Matter Referred:............................................................................... Date of hearing before the Board:................................................... Board members present:.................................................................. ............................................................................................................ Parties and witnesses present:.......................................................... ........................................................................................................... ........................................................................................................... Schedule H IN
THE MATTER 19....
No..... BETWEEN Plaintiff Defendant AFFIDAVIT OF SERVICE OF RESIDENTIAL I,......................................................of.......................................,
SWORN OR AFFIRMED at.................................................
in the _________ ___________________ __________ __________ Schedule I 19.... No..... IN THE SUPREME COURT OF NEWFOUNDLAND BETWEEN Plaintiff Defendant NOTICE OF OBJECTION TO RESIDENTIAL TENANCIES BOARD REPORT TAKE NOTICE THAT I object to the contents of the Report of the Residential Tenancies Board received by me on (date)..................... THE REASONS for my objection are as follows: This Notice of Objection is filed by me as [] Landlord [] Tenant in accordance with subsection 38(8) of the Residential Tenancies Act. I undertake to deliver a copy of this Notice to the other party to this dispute, immediately. DATED at........................, ________ Schedule J 19.... No..... IN THE SUPREME COURT OF NEWFOUNDLAND BETWEEN Plaintiff Defendant INTERLOCUTORY APPLICATION (Inter partes) APPLICATION TO CONSIDER TO THE SUPREME COURT OF This Application of the [] Landlord [] Tenant, made in accordance with section 38(10) of the Residential tenancies Act, is to request the Court to consider and deal as it sees fit with the report of the Residential Tenancies Board filed in this matter. I undertake to deliver a copy of this Application to the other party to this dispute, immediately. DATED at........................., ________ Schedule K RESIDENTIAL TENANCIES BOARD IN THE MATTER 19... No...... BETWEEN Plaintiff Defendant AFFIDAVIT OF SERVICE OF [] NOTICE OF HEARING before the Board [] SUBPOENA I,.......................of...............................,
I did [] personally serve, or [] cause to be sent by registered mail to [] the plaintiff (or his solicitor) at........................ [] the defendant (or his solicitor) at..................... [] the witness Mr./Ms.......................at................................ a true copy of the above noted Notice, or Subpoena. I did [] confirm that 50 tenants reside in the same apartment complex and deposited in the mail box of each tenant and posted in a conspicuous place in the complex, the Notice of Hearing. I did [] pay or tender to the witness the correct witness fee, when serving the Subpoena. SWORN OR AFFIRMED at....................................................... in the ............ day of..................................... 19...., before me: __________________ __________________ 178/89 Schs ©Earl G. Tucker, Queen's Printer |