How Tenants Can Appeal a Rental Tribunal Decision in Nunavut

If you’re a tenant in Nunavut and disagree with a decision made by the territory’s rental tribunal, you may be able to appeal or seek a review. Whether it’s about eviction, repairs, or rent issues, it’s essential to understand your rights and the process for challenging Landlord and Tenant Board (LTB) decisions under Nunavut law.

Understanding the Rental Tribunal in Nunavut

In Nunavut, disputes between landlords and tenants are decided by the Nunavut Rental Office, not a traditional LTB like in some provinces. The main law covering these matters is the Residential Tenancies Act (Nunavut)^[1]. This Act explains both landlord and tenant rights, dispute resolution, and how decisions can be challenged.

When Can You Appeal a Rental Decision?

Not every disagreement with a finding is appealable. Generally, you can appeal in cases of:

• Eviction orders
• Rent increases
• Security deposit disputes
• Maintenance and repair rulings

Appeals are most successful when there was a legal or procedural error, or new evidence has come to light.

Important Appeal Deadlines

You must file an appeal or request a review within 14 days of receiving the Rental Officer’s decision. Missing this window can mean you lose your right to challenge the order.

How to Start Your Appeal

The appeal process in Nunavut’s rental system involves a review by the Nunavut Court of Justice rather than an internal tribunal review. Here’s what tenants need to do:

Step 1: Obtain the Written Decision

Before appealing, you must have the official written decision from the Rental Officer. This will outline the ruling and any actions you’re required to take.

Step 2: Prepare the Notice of Appeal

Use Form 16: Notice of Appeal. This form is found on the Nunavut Department of Justice website. You’ll need to explain your reasons for appealing and provide supporting evidence.

• Form 16: Notice of Appeal

Example: If you received an eviction order due to alleged non-payment but have proof of payment, you would submit this documentation with your notice.

Step 3: File Your Appeal With the Nunavut Court of Justice

Take your completed Notice of Appeal and decision documents to the Nunavut Court of Justice. The clerk will file your appeal for a fee, unless you are eligible for a fee waiver (inquire about this directly with the court).

Step 4: Serve Documents to All Parties

You must provide a copy of your Notice of Appeal to:

• Your landlord (or their representative)
• The Residential Tenancies Office

Keep proof that you delivered these documents.

Step 5: Prepare For and Attend Your Appeal Hearing

The Nunavut Court of Justice will notify you about your hearing date. Bring all related evidence, correspondence, and be ready to explain why you believe the original decision was wrong.

Tip: If you’re unsure, contact the Residential Tenancies Office or a legal resource to ensure your paperwork is complete and deadlines are met.

Your Rights and Preparing Your Case

As a tenant, you have the right to:

• Access all documentation from your case
• Be represented by a lawyer or advocate
• Present evidence and call witnesses

Consult Tenant Rights and Landlord Rights in Nunavut for a helpful overview of your general legal protections, or visit Find rental homes across Canada on Houseme if you are seeking a new place after your dispute is resolved.

If You Lose Your Appeal

If the court upholds the decision, you must comply with the order (for example, move out by the required date or pay the specified deposit). If you disagree, you can sometimes seek leave to appeal to a higher court, but this is rare and should be discussed with a lawyer.

Related Issues That May Lead to Disputes

Appeals often arise from broader problems like repairs, deposit disputes, or communication breakdowns. For more about addressing repair needs or handling conflict before reaching the tribunal, read How to Handle Complaints in Your Rental: A Tenant’s Guide.

FAQ: Appeals and Tribunal Decisions in Nunavut

1. Can I appeal every Rental Officer decision?
   Most decisions can be appealed, but you must have valid grounds, such as a legal error or new evidence. Always check the written decision to see if it outlines your right to appeal.
2. How much does it cost to appeal?
   There may be a fee to file your appeal with the Nunavut Court of Justice, but some individuals can ask for a fee waiver if cost is a barrier.
3. What can I do if I missed the 14-day deadline?
   Late appeals are rarely accepted unless you can show very good reasons (like a medical emergency). Act quickly to avoid missing your chance.
4. Is legal representation required?
   No, but having an advocate or legal support can help make your case stronger and ensure you understand the process.
5. Will I have to move out during my appeal?
   Some decisions can be temporarily put on hold ("stayed") by the court if you request it, but this isn’t automatic. Ask the court clerk about your options.

Key Takeaways for Nunavut Tenants

• You have the right to appeal most Rental Officer decisions within 14 days in Nunavut.
• Follow the appeals process carefully: obtain documents, use Form 16, file with the Nunavut Court of Justice, and serve all parties.
• Legal help and careful preparation can increase your chances of success.

Appealing a rental tribunal decision can be stressful, but understanding your options and rights helps you protect your home and financial well-being.

Need Help? Resources for Tenants

• Nunavut Residential Tenancies Office: Info, forms, and guidance (1-867-975-7289)
• Nunavut Court of Justice: Filing instructions, court info
• Nunavut Legal Aid: Free legal support for eligible tenants
• For a full primer on Nunavut housing law, see Tenant Rights and Landlord Rights in Nunavut

---

1. See: Residential Tenancies Act (Nunavut)
2. Official forms: Nunavut Residential Tenancies Office Forms
3. Tribunal information: Nunavut Residential Tenancies Office

Categories

Tenant Rights & Responsibilities Rent & Deposits Leases & Agreements Moving In / Out Maintenance & Repairs Evictions Roommates & Shared Housing Discrimination & Accessibility Utilities & Services Affordable Housing & Subsidies Dispute Resolution & LTB Safety & Security Privacy & Entry by Landlord Special Tenancy Situations Tenant Insurance & Liability Post-Eviction Resources Landlord Compliance & Penalties Legal Precedents & Case Summaries Mental Health & Tenancy