Review of residential tenancies officer’s decision
27(1)Any landlord or tenant affected by any decision made by the Chief Residential Tenancies Officer under section 11.2 or section 25.41 or by any decision, order, notice of termination, notice to quit, notice to comply or order of eviction made or issued by a residential tenancies officer, except a decision made by a residential tenancies officer under section 11.2 or section 25.41, may, within seven days after being notified of the decision or order or being served with the notice of termination, notice to quit, notice to comply or order of eviction, apply by Notice of Application to a judge of The Court of King’s Bench of New Brunswick to review and set aside the decision, order, notice of termination, notice to quit, notice to comply or order of eviction on the ground that it was made
(a)
without jurisdiction, or
(b)
on the basis of an error of law.
27(2)The Notice of Application shall be served,
(a)
in the case of an application by the landlord, on the residential tenancies officer or the Chief Residential Tenancies Officer, as the case may be, and the tenant, and
(b)
in the case of an application by the tenant, on the residential tenancies officer or the Chief Residential Tenancies Officer, as the case may be, and the landlord,
in accordance with the Rules of Court.
27(3)A judge of The Court of King’s Bench of New Brunswick may, before or after the expiration of the time for making an application under subsection (1), extend the time within which the application may be made.
27(4)Upon service under subsection (2) the residential tenancies officer or the Chief Residential Tenancies Officer, as the case may be, shall deliver to the clerk of The Court of King’s Bench of New Brunswick for the judicial district in which the application is to be heard all documents in the possession of the residential tenancies officer or the Chief Residential Tenancies Officer relating to the application and, if written reasons were given for the decision, a copy of those reasons.
27(5)The judge hearing the application may receive such evidence, oral or written, as is relevant to support or repudiate any allegation contained in the application.
27(6)An application under subsection (1) stays the operation of the decision, order, notice of termination, notice to quit, notice to comply or order of eviction in respect of which the application is made.
27(7)After hearing the application, the judge may allow the application and set aside the decision, order, notice of termination, notice to quit, notice to comply or order of eviction or may dismiss the application.
27(8)Where an application under subsection (1) is dismissed the judge shall make an order establishing the date on which the decision, order, notice of termination, notice to quit, notice to comply or order of eviction is to be effective.
27(9)Where a judge allows the application the judge shall set aside the decision, order, notice of termination, notice to quit, notice to comply or order of eviction and refer the matter to the residential tenancies officer or the Chief Residential Tenancies Officer, as the case may be, with directions as to the manner in which the residential tenancies officer or the Chief Residential Tenancies Officer is to proceed, and the residential tenancies officer or the Chief Residential Tenancies Officer shall proceed with the matter in accordance with those directions.
27(10)To the extent that they are not inconsistent with the provisions of this section, the Rules of Court apply in respect of an application made under this section.
1979, c.41, s.110; 1983, c.82, s.18; 1990, c.9, s.3; 1993, c.23, s.7; 2006, c.5, s.26; 2017, c.1, s.1; 2023, c.17, s.242