The LTB Has Changed The Law To Ensure Fair LTB Hearings
Over recent months some individuals and some organized groups have attempted to disrupt Landlord and Tenant Board Hearings in an obtrusive manner.
This included recording Hearings, posting recordings online and harassing landlords and adjudicators.
Many small Ontario landlords who have had a Hearing have commented that these disruptions severely interfered with integrity and fairness of the LTB proceedings.
As important stake-holders we reached out to the LTB with a fair and strong message, as we have done for over a decade.
Our recommended changes have now been made into law!
It’s important to note that this amendment does not restrict or change the ability of members of the public to observe hearings. So it’s fair.
Observers are not permitted to disrupt the hearing in any way, and the LTB has the authority to issue directions or orders necessary to control the hearing process.
The OLA is happy our advice have been made into law and actions have been taken to protect both good landlords and good tenants.
It’s also stopped bad people from both sides from obstructing justice.
DATE: June 8, 2021
TO: Ontario Landlord Association Stakeholders
FROM: Karen Restoule, Associate Chair and Lynn Dicaire, Registrar
RE: SPPA Amendments
The Landlord and Tenant Board (LTB) is committed to delivering administrative justice in a manner that is transparent, fair, independent, and accessible in accordance with the open court principle.
As you may know, there have been incidents of individuals and some organized groups recording LTB hearings without permission and posting the recordings on social media.
Effective June 3, 2021, a new section 29 has been added to the Statutory Powers Procedure Act making it an offence to record or publish a tribunal hearing unless an exception applies. Exceptions include unobtrusive recordings made by a party, representative or member of the media if authorized by the tribunal. The amendment was included in the Ontario government’s Supporting Recovery and Competitiveness Act, 2021.
This provision is similar to restrictions on recording court proceedings contained in the Courts of Justice Act. This amendment will help Tribunals Ontario ensure the integrity and fairness of its proceedings.
It’s important to note that this amendment does not restrict or change the ability of members of the public to observe hearings. LTB hearings are open to the public, unless an LTB adjudicator has determined that a specific hearing should be closed to the public in accordance with the LTB Rules of Procedure. Observers are not permitted to disrupt the hearing in any way, and the LTB has the authority to issue directions or orders necessary to control the hearing process.
Karen Restoule Lynn Dicaire
Associate Chair Registrar