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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 1011/96

CONSOLIDATED NEWFOUNDLAND REGULATION 1011/96

Residential Tenancies Regulations
under the
Residential Tenancies Act
(O.C. 96‑274)

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
TRIAL DIVISION

BETWEEN

Plaintiff

AND

Defendant

ORIGINATING APPLICATION (Inter partes)

TO THE SUPREME COURT OF NEWFOUNDLAND OR ONE OF THE JUDGES THEREOF

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......................, Newfoundland,............................. 19....

Present Address of Defendant:

..............................................
..............................................
..............................................

Signature and Address of
Plaintiff, Solicitor or Agent ............................................ ............................................ ............................................


Schedule B

19.... No.....

IN THE SUPREME COURT OF NEWFOUNDLAND
TRIAL DIVISION

BETWEEN

Plaintiff

AND

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............... Newfoundland, on......... the.... day of........19.... at....... a.m./p.m. or so soon thereafter as the application can be heard.

AND FURTHER TAKE NOTICE that on the hearing of the application, the judge may make an order in favour of the plaintiff in your absence and without further notice unless you or your solicitor

             (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

_____________________
Signature of Defendant(s)

Schedule C

19.... No.....

IN THE SUPREME COURT OF NEWFOUNDLAND
TRIAL DIVISION

BETWEEN

Plaintiff

AND

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...................., Newfoundland this........day of.......... 19....

__________________________
Registrar of the Supreme Court


Schedule D

RESIDENTIAL TENANCIES BOARD

IN THE MATTER
OF Residential Unit
(Address)
.................................
.................................
.................................
.................................

19 No.
IN THE SUPREME COURT
OF NEWFOUNDLAND
TRIAL DIVISION

BETWEEN

Defendant

AND

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)...............................................................................

AND FURTHER TAKE NOTICE that the Board will prepare its report upon the evidence presented at the hearing and may proceed and adjudicate in your absence if you or your representative fail to appear.

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:................

_______________________
Residential Tenancies Board


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...........................

_____________________________________
Plaintiff, or Solicitor or Agent for the Plaintiff

Signed by the Defendant or for the Defendant this....... day of..........., 199.... at............................

_________________________________________
Defendant, or Solicitor or Agent for the Defendant


Schedule F

RESIDENTIAL TENANCIES BOARD

IN THE MATTER
OF the Residential
Tenancies Act, and
Residential Unit
(Address)..............
..............................
..............................

AND IN THE MATTER OF
19.... No......
IN THE SUPREME COURT
OF NEWFOUNDLAND
TRIAL DIVISION

BETWEEN

Plaintiff

AND

Defendant

SUBPOENA

To:

of:

YOU ARE REQUIRED to attend before the Residential Tenancies Board at (location)........................................................................... at (time)................................. (date)............................... 19........... and until the end of the hearing to give evidence as may be required of you concerning the premises noted above and you are required to bring with you the following documents for use at the hearing:............................................................................................................................................................................................................. NOTE: Failure by you to obey this Subpoena, without adequate reason, may be deemed a contempt of the Supreme Court and render you liable to arrest and imprisonment.

Dated:.......................

__________
Chairperson


Schedule G

RESIDENTIAL TENANCIES BOARD

IN THE MATTER
OF Residential Unit
(Address) ................
.................................
.................................
...........…..................

19.... No.....

IN THE SUPREME COURT OF
NEWFOUNDLAND
TRIAL DIVISION

BETWEEN

Plaintiff

AND

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
OF Residential Unit
(Address)................
................................
................................

19.... No.....
IN THE SUPREME COURT
OF NEWFOUNDLAND
TRIAL DIVISION

BETWEEN

Plaintiff

AND

Defendant

AFFIDAVIT OF SERVICE OF RESIDENTIAL
TENANCIES BOARD REPORT

I,......................................................of......................................., Newfoundland, make oath or affirm and say that on....................., the......................day of............................., 19...., at approximately........ a.m./p.m., I did cause to be sent by registered mail to the Plaintiff (or his Solicitor) at.................................., and to the Defendant (or his Solicitor) at........................, a true copy of the Residential Tenancies Board Report for the Supreme Court.

SWORN OR AFFIRMED

at................................................. in the Province of Newfoundland this.............day of....................., 19...., before me:

_________
(Signature)

___________________
(A Commissioner, etc.)

__________
(Telephone)

__________
(Address)


Schedule I

19.... No.....

IN THE SUPREME COURT OF NEWFOUNDLAND
TRIAL DIVISION

BETWEEN

Plaintiff

AND

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........................, Newfoundland,........................., 19.....

________
Signature


Schedule J

19.... No.....

IN THE SUPREME COURT OF NEWFOUNDLAND
TRIAL DIVISION

BETWEEN

Plaintiff

AND

Defendant

INTERLOCUTORY APPLICATION (Inter partes)

APPLICATION TO CONSIDER
RESIDENTIAL TENANCIES BOARD REPORT

TO THE SUPREME COURT OF NEWFOUNDLAND OR ONE OF THE JUDGES THEREOF

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........................., Newfoundland,.........................., 19...

________
Applicant


Schedule K

RESIDENTIAL TENANCIES BOARD

IN THE MATTER
OF Residential Unit
(Address).................
.................................
.............................…

19... No......
IN THE SUPREME COURT
OF NEWFOUNDLAND
TRIAL DIVISION

BETWEEN

Plaintiff

AND

Defendant

AFFIDAVIT OF SERVICE OF

 [] NOTICE OF HEARING before the Board [] SUBPOENA

I,.......................of..............................., Newfoundland, make oath or affirm and say that on.............., 19...., at approximately....... a.m./p.m.

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 Province of Newfoundland, this

............ day of.....................................

19...., before me:

__________________

__________________
(A Commissioner, etc)

178/89 Schs