IN THE MATTER of an appeal, under Section 25 of the Rental of Residential Property Act, filed by Paul Chung against Orders LD15-183 and LD15-184, of the Director of Residential Rental Property, both dated June 3, 2015.

BEFORE THE COMMISSION

on Monday, the 6th day of July, 2015.

Douglas Clow, Vice-Chair
John Broderick, Commissioner

Order

---

On July 3, 2015, the Commission received a Notice of Appeal from a lessor, Paul Chung, requesting an appeal of Orders LD15-183 and LD15-184 both dated June 3, 2015.   

Order LD15-183 issued by the Director of Residential Rental Property (the Director) states, in part: 

"IT IS THEREFORE ORDERED THAT 

1. The rental agreement between the parties is terminated effective December 21, 2014.

2. If the lessor [Paul Chung] re-rents the premises, then the following repairs must be completed before any new lessees move into the premises:

a. The lessor shall locate the source of the water pooling under the master bedroom floor and have the problem repaired by a certified contractor.

b. The lessor shall ensure that the damaged floor and underlay in the master bedroom is removed and replaced, and that the room is thoroughly dry and mold-free.

c. The louvered doors covering the laundry area shall be repaired and reinstalled, or replaced if they cannot be repaired.

d. All areas where the holes have been filled shall be repainted.

e. The damaged burners and pot on the stove shall be replaced." 

Order LD15-184 issued by the Director states, in part: 

"IT IS THEREFORE ORDERED THAT 

1. The lessees [Chantal Raven Nichols and Tyler Phaboonheuang] shall pay to the lessor [Paul Chung] the sum of $1,036.85 on or before July 3, 2015." 

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.

[Emphasis added]

The Commission has disallowed the Appellant'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 July 3, 2015 Notice of Appeal filed by Paul Chung, is hereby disallowed.

2. Orders LD15-183 and LD15-184 issued by the Director remain in full force and effect.

DATED at Charlottetown, Prince Edward Island, this 6th day of July, 2015.

BY THE COMMISSION:

Douglas Clow, Vice-Chair

John Broderick, 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.
 

NOTICE: IRAC File Retention

In accordance with the Commission's Records Retention and Disposition Schedule, the material contained in the official file regarding this matter will be retained by the Commission for a period of 2 years.