Residential Tenancy Dispute Resolution Service Regulation s. 19.1

Orders to vary or to set aside
20 Duty to provide order
21 Binding nature of order
22 Enforcement of order
(1) A tenancy dispute officer may, by an order made in
accordance with this section, set aside or vary an order of the
tenancy dispute officer.
(2) A tenancy dispute officer may set aside or vary an order under
this section
(a) on the tenancy dispute officer's own initiative, or
(b) at the request of a party.
(3) A request referred to in subsection (2)(b) must,
(a) be made within 20 days after the earlier of
(i) the date on which the Dispute Resolution Service
provided a copy of the original order to the
requesting party in accordance with section 20, and
(ii) the date on which the original order first came to the
requesting party's attention,
a n d
(b) unless the Administrator directs otherwise, be decided by
the tenancy dispute officer who granted the original order.
(4) A tenancy dispute officer may issue an interim order staying
the order sought to be varied or set aside pending the tenancy
dispute officer's determination under this section
(a) on the tenancy dispute officer's own initiative, or
(b) at the request of a party.
(5) A tenancy dispute officer may set aside or vary an order
(a) if the order was made without notice to one or more
parties,
(b) if the order was made following a hearing at which a party
did not appear because of an accident, a mistake or
insufficient notice of the hearing, or
(c) on other grounds consistent with procedural fairness.

Section 20 AR 98/2006

RESIDENTIAL TENANCY DISPUTE
(6) If a tenancy dispute officer issues an order to set aside under
this section,
(a) the Dispute Resolution Se rvice shall issue a notice of
rehearing of the application that shows the date, time and
location of the rehearing, and
(b) except as otherwise dir ected by the tenancy dispute
officer, the rehearing shall be held in accordance with this
regulation in all respects as if it were an original hearing.
(7) If a tenancy dispute officer issues an order under this section, a
party may file a copy of that order with the Court of King's Bench,
and on being filed,
(a) the original order is
(i) stayed as the interim order under subsection (4)
provides, or
(ii) set aside or varied as the order under subsection (5)
provides,
a n d
(b) unless the Court of King' s Bench orders otherwise, any
execution or garnishee summons issued pursuant to the
original order is stayed.
AR 83/2017 s6;218/2022

RTA Residential Tenancies Act

19.1 RESIDENTIAL TENANCY DISPUTE