IN THE MATTER of an appeal filed under Section 25 of the Rental of Residential Property Act by Raleigh Zidichouski against Orders LD19-233 and LD19-234 dated June 6, 2019 issued by the Office of the Director of Residential Rental Property.

BEFORE THE COMMISSION

on Friday, the 12th day of July, 2019.

M. Douglas Clow, Vice-Chair
Jean Tingley, Commissioner

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Order

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The Commission received a Notice of Appeal from a lessee, Raleigh Zidichouski (the "Appellant"), requesting an appeal of Orders LD19-233 and LD19-234  dated June 6, 2019 issued by the Acting Director of Residential Rental Property (the "Director").   The Notice of Appeal was received by the Commission on July 9, 2019. 

Subsection 25(1) of the Rental of Residential Property Act R.S.P.E.I. 1988, Cap. R-13.1 (the Act) reads 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." 

Subsection 33(3) of the Act reads as follows: 

 "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." 

The Commission finds that the last date for filing the appeal would have been July 2, 2019.  As the appeal was filed beyond the statutory appeal period, the Commission has no jurisdiction to hear the appeal.   

The Commission does not have the authority to waive a requirement of the Act or extend the statutory appeal period.  Accordingly, the appeal is disallowed and Director's Orders LD19-233 and LD19-234 remain in full force and effect.

NOW THEREFORE, pursuant to the Island Regulatory and Appeals Commission Act and the Rental of Residential Property Act

IT IS ORDERED THAT

1. The Commission has no jurisdiction to hear the appeal as the Notice of Appeal was received after the statutory appeal period had expired.  The appeal is therefore dismissed.

2. Director's Orders LD19-233 and LD19-234 remain in full force and effect.

DATED at Charlottetown, Prince Edward Island, this 12th day of July, 2019.

BY THE COMMISSION:

M. Douglas Clow, Vice-Chair

Jean Tingley, Commissioner

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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.