Docket
LR07018
Order LR07-11
IN THE MATTER of an appeal, under Section 25 of the Rental of Residential Property Act, by Scott Ching against Order No. LD07-270 of the Director of Residential Rental Property, dated November 20, 2007.
BEFORE THE COMMISSION
on Friday, the 21st day of December, 2007.
Maurice Rodgerson, Chair
Chester MacNeill, Commissioner
Order
Subsections 25(1), 25(3) and 33(3) of the Rental of Residential Property Act R.S.P.E.I. 1988, Cap. R-13.1 (the Act) read as follows:
25. (1) Any party to a decision or order of the Director, if the party has appeared or been represented at the hearing before the Director, may appeal therefrom by serving on the Commission within twenty days after receipt of the decision or order of the Director, a notice of appeal in the form prescribed by regulation.
(3) Where an appeal is not made under subsection (1), the parties are deemed to have accepted the decision of the Director and the decision is final. 1988,c.58,s.25; 1990,c.53,s.7; 1991,c.34,s.1,2; 1991,c.18,s.22 [eff.] Nov. 4/91.
33. (3) Where a document is delivered by ordinary mail, it is deemed to have been delivered on the third day after the date of mailing. 1988,c.58,s.33; 1991,c.18,s.22 [eff.] Nov. 4/91.
Order LD07-270 was dated November 20, 2007 and mailed to Mr. Ching the same day via ordinary mail.
Pursuant to subsection 33(3) of the Act, Order LD07-270 is deemed to have been delivered to Mr. Ching on November 23, 2007. The twentieth day after the date of deemed delivery was December 13, 2007. However, Mr. Ching filed his Notice of Appeal on December 14, 2007.
The Commission has disallowed Mr. Ching's Notice of Appeal as the statutory time period for filing an appeal has expired. The Commission does not have the authority to waive a requirement of the Act.
NOW THEREFORE,
pursuant to the Island Regulatory and Appeals Commission Act and the Rental of Residential Property Act:IT IS ORDERED THAT
1. The December 14, 2007 Notice of Appeal filed by Scott Ching is hereby disallowed.
2. Order LD07-270 issued by the Office of the Director of Residential Rental Property continues in full force and effect.
DATED at Charlottetown, Prince Edward Island, this 21st day of December, 2007.
BY THE COMMISSION
:Maurice Rodgerson, Chair
Chester MacNeill, Commissioner
NOTICE
Sections 26.(2), 26.(3), 26.(4) and 26.(5) of the Rental of Residential Property Act provide as follows:
26.(2) A lessor or lessee may, within fifteen days of the decision of the Commission, appeal to the court on a question of law only.
(3) The rules of court governing appeals apply to an appeal under subsection (2).
(4) Where the Commission has confirmed, reversed or varied an order of the Director and no appeal has been taken within the time specified in subsection (2), the lessor or lessee may file the order in the court.
(5) Where an order is filed pursuant to subsection (4), it may be enforced as if it were an order of the court.