Frequently Asked Questions

Anyone dissatisfied with an Order or decision issued by the Rental Office may appeal to the Commission.

NOTE: The Commission urges parties who wish to file an appeal to ask the Rental Office when the appeal window closes for a particular matter. This will ensure that appellants can file the appeal on time based on how the Order was sent and when it was received.

You would file one Notice of Appeal. Ensure you list all the Order numbers and attach a copy of each Order to the Notice of Appeal.

Yes. When an appeal is filed related to a greater than allowable rent increase, it is a complete review of the Director’s Order and a rehearing of the landlord’s application. This would mean that all units that a landlord was seeking an increase for in their application would be subject to review by the Commission. 

You may file an appeal to request that the Director’s Order be reviewed and reconsidered, however, the Commission’s role is to determine whether the Act was correctly applied when the Rental Office issued its Order. The Commission does not have the legal authority to change any provision of the Act.

In most cases, you must file a Notice of Appeal within 20 days after a copy of the Order was provided to you.

However, if the Order issued was to evict a tenant for non-payment of rent under Section 60 or for cause under Section 61 of the Act, the tenant must file an appeal within 7 days after a copy of the Director’s order is given to the tenant.

NOTE: The Commission urges parties who wish to file an appeal to ask the Rental Office when the appeal window closes for a particular matter. This will ensure that appellants can file the appeal on time based on how the Order was sent and when it was received.

The Notice of Appeal can be mailed, emailed, faxed, or hand-delivered to the Commission to the contact information below:

5th Floor, National Bank Tower
134 Kent Street, PO Box 577
Charlottetown, PE C1A 7L1

Tel. (902) 892-3501
PEI toll-free 1-800-501-6268
Fax (902) 566-4076
appealsinquiries@irac.pe.ca

The document must be filed with the Commission during business hours Monday to Friday between 8:00 a.m. and 4:00 p.m. A document received by the Commission after 4:00 p.m. or on a holiday shall be deemed to have been filed on the next day that is not a holiday.

NOTE: The Commission urges parties who wish to file an appeal to ask the Rental Office when the appeal window closes for a particular matter. This will ensure that appellants can file the appeal on time based on how the Order was sent and when it was received.

If you received your Order by mail, it is deemed to be delivered on the third day after the day it was mailed.

Example 1: An Order dated March 1^st is mailed the same day. It will be deemed to have been delivered by March 4th. The appeal period begins on March 4^th, so the Notice of Appeal must be filed by March 24th.

Example 2: If the Order was to evict a tenant for non-payment of rent or cause under Section 61 of the Act, the appeal period would begin on March 4 and the Notice of Appeal must be filed by March 11.

IMPORTANT:  Please note that if you received your order by e-mail and it was sent before 5:00pm, it is deemed to have been delivered on the day the email was sent. In that case, the appeal period would start from the day the email was sent to you.

Yes, the appeal period includes weekends and holidays. But, if the last day for filing the Notice of Appeal falls on a weekend or a holiday, you can file on the next day that is not a holiday.

Please allow plenty of extra time for delivery. Do not rely on usual delivery times. If you send a Notice of Appeal to the Commission by mail, you must accept the risk that any mailing delay may result in the Commission not receiving the notice within the accepted time window.  If you are approaching the end of the appeal period, personal delivery, emailing, or faxing your signed and completed Notice of Appeal form is crucial to preserve your right to appeal.

You can email the Notice of Appeal form to appealsinquiries@irac.pe.ca. Please ensure that the emailed form is signed. You may scan a signed Notice of Appeal and email the scanned version. If you email an unsigned but otherwise complete Notice of Appeal, you must follow up with a signed Notice of Appeal by fax, email or personal delivery.

Yes, when you file an appeal, the Order issued by the Rental Office is put on hold until the appeal hearing is held and the Commission issues its Order.

There is no charge to file a rental appeal with the Commission.

The appeal is not official until it is filed with the Commission. You will receive a stamped copy of the Notice of Appeal from Commission staff.

No, Commission staff will request the evidence from the Rental Office.

You must provide all parties with a copy of the Notice of Appeal. You can do this by email, by hand delivery, mail or registered mail. If you don’t have the contact information for the other parties, please contact the Commission staff.

Yes, you can withdraw your appeal. The withdrawal must be in writing, signed and delivered to the Commission before the time and date the appeal is to be heard. Commission staff will inform the other party. In withdrawing an appeal, please be aware that the Order of the Rental Office will be valid and can be acted upon by the other party.

A tele-hearing date and time is set by the Commission. Commission staff will mail or email both parties a Notice of Appeal Hearing and a Proposed Exhibit List, which consists of the file plus the Notice of Appeal. A copy of these documents is also provided to the Commission panel.

Prior to the tele-hearing, you should carefully review the Notice of Appeal Hearing, Proposed Exhibit List and the Exhibits received from Commission staff to ensure that the file is complete.   

If you intend to submit further evidence, Commission staff will provide you with instructions on how to submit the evidence.

You must inform your witnesses, if any, of the date and time of the tele-hearing.   

In some cases, parties find it useful to prepare a written summary of the evidence and arguments that they wish to present at the hearing.

No, only the issues covered by the Rental Order are under appeal. You should seek assistance from the Rental Office on other matters.

No, the Commission is not an investigative body and will not contact a witness, or seek out additional evidence.

As every appeal is different, the length of the appeal process varies. However, the Commission must hear rental appeals within 30 days of receiving the appeal.

The Commission recommends that you start preparing your case immediately after the appeal is filed as the tele-hearing can take place within days of the Notice of Appeal being filed.

While Commission staff cannot provide legal advice or conduct mediation, we encourage the parties to try to resolve their differences prior to the hearing.

If you are unable to participate, you can have a person represent you on the call. Please contact Commission staff before the hearing if you are unable to participate or if you choose to have a representative at the hearing.

If you do not participate or have a representative participate on your behalf, the Commission may proceed in your absence.

If you filed the appeal, the Commission will consider your absence as abandoning the appeal and will issue an Order confirming the Rental Order which will be sent to both parties and posted on the website.

If you are responding to the appeal, there is no legal requirement for you to appear. The appeal will go forward in your absence. If you choose not to appear, you will not be able to respond to the evidence presented at the hearing or provide evidence.

A rental appeal to the Commission is a re-hearing of the dispute. The Commission will consider the evidence contained in the Proposed Exhibit List as well as any new and relevant evidence presented by you. This evidence can be oral testimony and documents (for example: receipts, printed photographs, letters, etc.). You will be instructed by Commission staff on how to submit the new evidence.

The tele-hearing is conducted before a panel of at least two Commissioners. It is recorded in order to ensure an accurate record of the proceedings. Parties and/or witnesses are not permitted to record the proceedings.

The Panel Chair’s opening remarks will explain the format of the hearing which includes:

• a review of the Proposed List of Exhibits and any objections;
• parties and their witnesses will be affirmed;
• presentation of evidence and submission of further evidence;
• cross-examination of parties and witnesses; and
• closing statements. 

You are not required to have a lawyer at a rental appeal.  However, you are entitled to hire a lawyer to advise or represent you.  You are responsible for paying your lawyer’s fees.

Most appeals take less than a half a day. It is important that parties prepare for the hearing in advance and present evidence that only relates to the issue at hand.

Rental appeals are currently conducted by telephone conference call. Rental appeal hearings are not usually broadcast on the internet unless there is wide public interest in the matter. The Commission’s Public Hearing Schedule will indicate if a rental appeal will be broadcast.

No. A witness presents their testimony during the tele-hearing.

During the hearing, you may speak to the panel about relevant matters to your appeal.  However, it is not appropriate to contact the Commission panel members. This is to avoid any possibility of bias or impression of preferential treatment. You should contact Commission staff if you need assistance or have questions.

No, unless the Commission requests written submissions or further information from the parties following the hearing. The Commission makes its decision based on the evidence and submissions presented at the hearing. It is important to carefully prepare for the hearing.

The Commission strives to issue its written decision within 30 days of the hearing. 

You can appeal to the Prince Edward Island Court of Appeal. Attached to the Commission’s Order will be a Notice explaining the procedure to follow.

Any questions relating to the appeal process of the Prince Edward Island Court of Appeal should be directed to the Court.

Questions concerning appeals of Orders issued by the Rental Office can be directed to: 

Susan Jefferson
Commission Administrator
5th Floor, National Bank Tower
134 Kent Street, PO Box 577
Charlottetown, PE C1A 7L1

Tel. (902) 892-3501
PEI toll-free 1-800-501-6268
Fax (902) 566-4076
appealsinquiries@irac.pe.ca