s.206 — Agreement to settle matter

206 (1) Where a landlord has made an application under section 69 for an order terminating a tenancy and evicting the tenant based on a notice of termination under section 59 or an application for payment of arrears of rent, or both, the Board may make an order including terms of payment without holding a hearing if, (a) the parties have reached a written agreement resolving the subject-matter of the application; (b) the agreement has been signed by all parties; and (c) the agreement is filed with the Board before the hearing has commenced. (2) In an order under subsection (1), the Board may, based on the agreement reached by the parties, order, (a) payment of any arrears and NSF cheque charges or related administration charges that are owing; (b) payment of the fee paid by the landlord for the application to the Board; and (c) payment of any rent that becomes due during the period in which the arrears are required to be paid. (3) In an order under subsection (1) issued on or after the day subsection 31 (1) of Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020 comes into force, the Board shall not order that the tenancy be terminated. (3.1) In an order under subsection (1) issued on or after the day subsection 31 (1) of Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020 comes into force, the Board may include a provision allowing a landlord to make an application under section 78 if the tenant fails to comply with one or more of the terms of the order. (4) A landlord may file a request to reopen the application if the tenant fails to comply with the terms of the order and shall, in the request, indicate which terms were not complied with and the manner in which the tenant failed to meet the terms of the order. (5) A landlord or tenant may file a request to reopen the application within 30 days after the order was made on the basis that the other party coerced them or deliberately made false or misleading representations which had a material effect on the agreement and the order issued under subsection (1). (5.1) A landlord may file a request to reopen the application under subsection (4) or (5) even if the order includes a provision described in subsection (3.1). (6) A request under subsection (4) shall not be made later than 30 days after a failure of the tenant to meet a term of the order. (7) The party filing the request must give the other parties to the application a copy of the request to reopen the application and the notice of hearing within the time set out in the Rules. (8) If a request to reopen is made under subsection (4), the Board shall not proceed to hear the merits of the application unless the Board is satisfied that the tenant failed to comply with a term of the order. (9) If a request to reopen is made under subsection (5), the Board shall not proceed to hear the merits of the application unless the Board is satisfied that there was coercion or deliberate false or misleading representations which had a material effect on the agreement and the order issued under subsection (1). (10) Where a non-profit housing co-operative has made an application under section 94.7 for an order terminating the occupancy of a member unit and evicting the member based on a notice of termination under paragraph 3 of subsection 94.2 (1) or has made that application and has also applied at the same time for payment of arrears of regular monthly housing charges, the Board may make an order including terms of payment without holding a hearing if, (a) the parties have reached a written agreement resolving the subject matter of the application; (b) the agreement has been signed by all parties; and (c) the agreement is filed with the Board before the hearing has commenced. (11) Subsections (2) to (9) apply with necessary modifications to an application under subsection (10) and for that purpose, (a) “tenant” shall be read as “member”; (b) “landlord” shall be read as “non-profit housing co-operative”; (c) “tenancy” shall be read as “occupancy” and “a tenancy” shall be read as “an occupancy”; (d) “rent” shall be read as “the regular monthly housing charges”; and (e) “section 78” shall be read as “section 94.11”.