Nova Scotia Director’s Orders and tenancy appeals

After a Director decision

A Residential Tenancies Officer issues an Order of the Director after mediation or a hearing. Either party who disagrees can appeal to the Small Claims Court. The appeal is a completely new hearing (trial de novo). The adjudicator does not simply review the Director’s decision. Both sides present their evidence and arguments again, and new evidence is allowed.

The 10-day deadline runs from the date on the Order of the Director, not from the day you receive or open it. If the 10th day falls on a weekend or statutory holiday, the deadline moves to the next business day. Missing the deadline usually ends the right to appeal. After the appeal period expires without an appeal, a party can ask for the Order to be converted into a Small Claims Court order for enforcement.

Appeal checklist

• Note the exact date written on the Director’s Order. Contact the Small Claims Court that serves the area where the rental unit is located right away.
• Get the current Residential Tenancies Notice of Appeal form (Form A) from the court or courts.ns.ca. File it with a copy of the Director’s Order within 10 days. Filing fees (October 2026 court guide) are $33 for monetary claims under $2,000 when vacant possession is not requested; $99.70 for claims of $2,000–$4,999 or requests for vacant possession (including smaller money claims); and $199.35 for claims of $5,000 or more or appeals about land-lease-community rent increases under section 11A. Ask the court which category applies to your appeal. Eligible low-income applicants can apply for a court fee waiver.
• After filing, personally serve the Notice of Appeal on the other party (respondent) and on the Director of Residential Tenancies. Serve the Director by taking the documents to an Access Nova Scotia centre. Then complete and swear Affidavits of Service and file them with the court.
• Prepare for a new hearing. Evidence from the Residential Tenancies process does not automatically transfer. You must file what you want the court to see. The government describes conversion into an enforceable Small Claims Court order as the route for a Director’s Order that was not appealed within 10 days. If urgent possession or collection questions arise during your appeal, ask the court how the rules apply to your particular order.
• Further appeal from a Small Claims Court decision is possible to the Supreme Court of Nova Scotia under the Residential Tenancies Act, usually on narrower grounds and with a different timeline. Confirm current rules with the court or a lawyer.

Realistic example

A tenant receives a Director’s Order dated October 5 ordering them to pay $1,200 in arrears and vacate by October 31. The 10th day is October 15. They must file the Notice of Appeal at the local Small Claims Court by October 15 (or the next business day if it is a weekend/holiday). They pay the applicable fee, serve the landlord and the Director, and prepare to re-present their evidence at the new hearing. If they miss the deadline, the landlord can request conversion of the Order for enforcement.

Common mistakes

• Counting 10 days from when the Order arrived in the mail instead of the date on the Order.
• Assuming that filing alone resolves every possession or collection issue without checking the court’s directions.
• Failing to serve both the other party and the Director, or missing the Affidavit of Service step.
• Expecting the court to simply overturn the Director’s findings without presenting a full case again.

Enforcement

After the 10-day appeal window closes with no appeal filed, a party can request that the unappealed Director’s Order be made an Order of the Small Claims Court. That allows ordinary court enforcement steps. Additional fees may apply for those steps. Contact the Residential Tenancies Program or the court for the current conversion process.