Filing an Application

Notifying an Application

Notifying1 an application... What it's all about.

You have just filed an application with the Régie du logement. Below are the first questions you will be asked by the commissioner who hears your application:

“Have you notified a copy of your application to each of the parties to the proceeding? Can you prove it?”

Why is it essential to answer these questions in the affirmative?

Because, under the law, the party against which you have brought the proceeding must be informed in advance of the accusation or accusations against it and of the outcome you are seeking, in order to mount an adequate defence.

The original application and all of the amendments and motions must be notified to each of the parties to the proceeding.

If you do not do so within a reasonable time, your hearing may be postponed.

The Régie du logement does not impose a specific method for notifying an application. However, it does require that the proof of notification, whatever it may be, convince the commissioner that each of the parties received a copy of the application.

The most common notification methods are described in the table below.

And what if the application is not notified?

If you are unable to notify your application using the methods indicated in the table, contact the Régie. A commissioner can authorize you to notify your application another way, for example, through the newspapers.

Notifying an Application
Method Suggested proof Explanations

By hand (person to person)

A person who can witness to have seen the application being notified.

The witness must be present at the hearing.

By hand (person to person)

A confirmation of receipt dated and signed by the receiver.

Have the acknowledgment of receipt with you at the hearing.

By registered mail

Delivery confirmation from Canada Post

AND

Signature confirmation from Canada Post

Canada Post will provide you with proof that your application was mailed, but that is not proof it was received. On January 1, 1999, Canada Post eliminated its acknowledgment of receipt (pink card). You can obtain delivery confirmation by Internet2 or fax3 free of charge. However, the confirmation does not tell you the name of the person who signed to receive the application. The commissioner could therefore require you to prove the signature confirmation*.

* You can call Canada Post4 to obtain a photocopy of the register entry showing the signature and date of receipt of the mailed application. This information will be sent to you COD (Collect on Delivery).

By bailiff

Affidavit of service5

See the Yellow Pages under Bailiffs. After serving your application, the bailiff will send you an Affidavit of service as confirmation of delivery.

Bring this document to the hearing.

1. Notification applies to applications, amendments and motions.
2. www.postescanada.ca (Section: Track)
3. 1 800 267-1155 or 1 888 550-6333
4. See number above.
5. When delivered by bailiff, the notification is called service.