PEI residential tenancy
PEI tenancy appeals: 7-day and 20-day deadlines
Read your Director’s order immediately: some eviction appeals have only seven days, while many other appeals have 20 days.
Which appeal deadline applies?
- Ordinary Director's order: serve a Notice of Appeal on IRAC and every party to the order within 20 days after a copy of the order is provided to the appellant.
- Order to vacate for non-payment of rent or for cause: section 89(5) sets a seven-day deadline for serving the Commission. Section 89(3) also requires service on every party; consult the order and IRAC immediately on timing.
- Some money-only orders: if the ordered payment is below the minimum specified by regulation, an IRAC appeal is not available under section 89(2). Confirm eligibility before filing.
The appeal period generally includes weekends and holidays; IRAC says if the last day falls on a weekend or holiday, it carries to the next non-holiday day. An order mailed to you is generally deemed received on the third day after mailing; email sent before 5 p.m. is generally received that day. Check the actual order for its printed deadline instead of guessing from the order's date.
How to file and notify the other parties
- Download the official IRAC Notice of Rental Appeal (PDF).
- List the Director's order number(s), the date you received them, why you disagree, and the change you seek. Sign and attach each order.
- Serve the form on the Commission and every other party within the applicable time limit; keep evidence of actual delivery.
- IRAC accepts mail, email, fax or hand delivery. Mail delay is your risk. Documents received after business hours may be filed the next business day.
- Confirm IRAC has proof all parties received the Notice. The Commission says the appeal is not official until filing and required service are complete.
There is no filing fee for a rental appeal. For urgent deadline questions, contact IRAC's Commission Clerk at rentalappeals@irac.pe.ca or 902-892-3501.
What the appeal hearing actually does
Under section 89(8), an IRAC rental appeal is a re-hearing, not simply a written check for an error of law. The Commission may consider evidence from the Rental Office file and new relevant evidence. The Commission typically holds a telephone hearing; follow its Notice of Appeal Hearing and proposed exhibit list, prepare your witnesses, and focus on matters covered by the Director's order.
Section 89(6) states that service of the appeal notice on the Commission automatically stays the Director's order. Check with IRAC that filing and service were properly completed; a draft or improperly served notice should not be treated as an effective appeal. IRAC must hear the appeal within 30 days after receiving it.
After the IRAC order
The Act provides a separate possible appeal to the PEI Court of Appeal within 15 days of the Commission decision, on a question of law only. This is distinct from the Commission's re-hearing process and has different court requirements. Seek advice immediately if considering it.
Common mistakes: assuming all appeals allow 20 days; relying on mailing date rather than delivery; serving only IRAC but not the other parties; thinking the re-hearing is limited to the old evidence; and assuming a Form 2A/2B application is an appeal.