RTA · Residential Tenancy Dispute Resolution Service Regulation
Part 3 — or 4 of the Residential Tenancies Act or Part 3 or 4 of the Mobile Home Sites Tenancies Act.
17 Referral to court
cannot be heard by the Dispute Resolution Service where the
tenancy dispute officer believes
Section 17 AR 98/2006
RESIDENTIAL TENANCY DISPUTE
(a) the matter to be heard involves
(i) the determination of a question of constitutional law
or of human rights, or
(ii) an issue that, in the opinion of the tenancy dispute
officer, a court is the appropriate body to hear and
decide,
o r
(b) the matter lies outside the jurisdiction of the Dispute
Resolution Service.
(1.1) During the period beginning on the day this subsection
comes into force and ending on November 15, 2020, a tenancy
dispute officer shall make an order that a matter cannot be heard by
the Dispute Resolution Service if
(a) the application is made under section 59.3 of the Mobile
Home Sites Tenancies Act, and
(b) the application may require an order for any remedy other
than the remedies listed in sections 30(a) and (c) to (e) and
39(b) to (d) of the Mobile Home Sites Tenancies Act.
(2) Where a tenancy dispute officer makes an order under
subsection (1) or (1.1), the applicant must choose
(a) to withdraw the application, or
(b) to designate the court to which the matter is to be
transferred.
(3) If the applicant designates a court, the Dispute Resolution
Service shall forward to a clerk of that court the following in
respect of the matter:
(a) the record of any evidence in the form in which it was
received;
(b) any money paid into the Dispute Resolution Service;
(c) any documents and materials in the possession of the
Dispute Resolution Service.
(4) Where a matter is transferred to a court under this section, the
court may, on any conditions it considers appropriate,
(a) continue the matter to completion, or
Section 18 AR 98/2006
RESIDENTIAL TENANCY DISPUTE
(b) order the matter to be recommenced.
AR 98/2006 s17;83/2017;86/2020