NL Residential Tenancies decisions, orders and appeals

What to check when a decision arrives

Read the written order, not only a summary of the hearing. Note the parties' names, amounts ordered, compliance dates, any direction to vacate or return property, and how and when the copy was provided. Section 47 of the Residential Tenancies Act, 2018 authorizes orders dealing with money, repairs, notice validity, deposits and other tenancy obligations.

Published decisions can help you understand how adjudicators assess evidence, but they do not guarantee the outcome of a different case. Use the province's official decisions directory, and check the date and governing legislation of any decision you read.

First question: is it an enforcement problem or an appeal?

• Enforcement: you accept the order but the other party has not complied. Section 47(2)–(5) addresses requesting a certified order and enforcing it through the relevant court or sheriff.
• Appeal: you believe the director made a legal or jurisdictional error in an order under section 47(1). Section 50 provides a court appeal route, subject to a strict deadline.
• New dispute: a new alleged breach may require a new section 42 application, rather than using an appeal to introduce a different claim.

These routes have different filings and consequences. A disputed fact or an unhappy result does not by itself establish an appealable error of law.

Appealing an order: the 30-day clock

Section 50 allows an appeal to the Supreme Court of Newfoundland and Labrador from a director's section 47(1) order on a question of law or jurisdiction. The Act requires the appeal to be made not later than 30 days after a copy of the order is provided to the person appealing.

Section 49 governs delivery of orders. For example, registered-mail or express-post orders are generally considered provided on the fifth day after mailing; qualifying electronic delivery before 4 p.m. is generally considered provided the day sent, subject to the section's wording. Record the method and dates carefully.

Do not confuse the 30-day appeal limit with the usual one-year limit for a tenancy dispute application, or the ordinary $20 Residential Tenancies Office application fee. Court procedure and court fees are different. Seek current court guidance promptly if contemplating an appeal.

How an unpaid order may be enforced

If a party named in a section 47(1) order fails to comply by the date stated—or within a reasonable time if no date is stated—the successful party may request a certified order under section 47(2). The next step depends on what the order requires:

1. A certified order may be enforced as or in the same manner as a Supreme Court judgment under section 47(3).
2. A certified monetary order that falls within Provincial Court small-claims jurisdiction is filed and enforced there under section 47(4).
3. Certified orders of the types specified in section 47(5), including orders requiring a tenant to vacate, are sent to the sheriff for enforcement.

Do not attempt a self-help eviction, lockout or seizure of property. Confirm the appropriate filing and enforcement steps with the court or enforcement office.

Mediated settlements and other documents

Section 45 provides that a settlement reached through the director's mediation is recorded in writing and signed by the parties; it is not subject to appeal to a court under that section. If a party fails to comply with such a settlement, the director may issue an order under section 47(1) without another hearing. Keep the signed settlement and subsequent order separate.

Before making any filing, preserve the hearing notice, original application, evidence, written decision, delivery records and a chronology of what happened after the order.

Related Newfoundland and Labrador resources