Recent Reforms to the Administrative Housing Tribunal Act

Recent legislative amendments in February 2024 bring changes to the operation of the Administrative Housing Tribunal (TAL), directly affecting the rights and procedures of parties involved in housing disputes in Quebec.

The following article will cover the four major changes to the Act respecting the Administrative Housing Tribunal¹.

Increased Jurisdiction of the TAL

It is common for tenants to file applications with the TAL for the execution of work, sometimes beyond its monetary jurisdiction. Under Article 28, paragraph 4 of the Act respecting the Administrative Housing Tribunal, the TAL is now empowered to issue orders regarding Articles 1863, 1867, 1917, and 1918 of the Civil Code of Quebec, even when the cost exceeds the upper monetary limit of the concurrent jurisdiction of the Court of Quebec, which is $100,000.00 as of July 2023².

It is essential to emphasize that this expanded jurisdiction applies only to applications specifically covered by the 4th paragraph of Article 28³. For all other applications, the TAL retains its jurisdiction when the value at stake does not exceed the upper monetary limit established for the Court of Quebec.

Article 28 para. 3 of the Act respecting the Administrative Housing Tribunal also adds the case in which several applicants join or are represented by the same person in the same application. Thus, the Tribunal now has jurisdiction if it can hear the applications of each⁴.

Simplification of Appeal Rules

Article 92, paragraph 2 of the Act respecting the Administrative Housing Tribunal clarifies the moment from which the period for appealing a TAL decision begins to run⁵. It allows parties to introduce an appeal within 30 days of becoming aware of the TAL decision, rather than from the date of judgment. This reform aims to make appeal procedures clearer and simpler for the parties involved, aligning the deadline with the moment they actually took knowledge of the decision rendered by the TAL.

Ex Officio Supply of the Prescription Period

In principle, Article 2878 of the Civil Code of Quebec stipulates that the court cannot ex officio raise the plea of prescription⁶. However, the amendment introduced by Article 63 of the Act respecting the Administrative Housing Tribunal now allows the tribunal to supply prescription periods ex officio, thus simplifying the process for parties not represented by lawyers⁷. This measure aims to strengthen access to justice by eliminating certain procedural obstacles.

Expansion of Representation Options

Since February 21, 2024, parties can freely choose their representative before the TAL from various mandates, except for a few specific cases, thus offering greater flexibility while ensuring the protection of legitimate interests. This reform, extended by Article 72 of the Act respecting the Administrative Housing Tribunal, aims to democratize access to justice by allowing third parties to represent tenants and landlords⁸.

Stay tuned for the next article on legislative changes in housing brought to the Civil Code of Quebec.

Learning more about these important changes will help to better understand the rights and remedies available in the field of leasing and housing in Quebec.