If you disagree with an eviction decision from the Director, you may file a Notice of Appeal to the Island Regulatory and Appeals Commission (IRAC). The timeline to appeal is extremely strict and is generally limited to 7 to 20 days, depending on the specific order.
Receiving an unfavourable eviction order can be devastating, but the legal process does not necessarily end there. 🏠 In Prince Edward Island, both landlords and tenants have the right to request a review of a decision made by the Director of Residential Rental Property. This higher-level review is managed by IRAC.
Because the appeals process is more formal and involves strict procedural rules, missing a deadline can permanently close your case. We strongly recommend hiring an experienced lawyer from our directory to help draft your Notice of Appeal correctly.
Step-by-Step Process in Prince Edward Island
Appealing an order to IRAC means you are asking the Commission to look at the facts and the law again. 📄 Keep in mind that IRAC hearings take place in Charlottetown, though you may sometimes be able to attend virtually.
Step 1: Determine Your Appeal Deadline
The most critical step is reading your official Order from the Director carefully. Under PEI law, you generally have between 7 and 20 days from the date the order was issued to file your appeal. Do not wait until the last minute.
Step 2: Complete the Notice of Appeal
You must fill out the official IRAC Notice of Appeal form. 📍 On this form, you must clearly state your grounds for appeal. Simply being unhappy with the decision is not enough; you must explain how the Director made an error in fact or in law.
Step 3: Submit and Serve the Documents
File your completed Notice of Appeal directly with IRAC. Once filed, you are legally required to serve a copy of the appeal documents to the other party (the landlord or the tenant) so they can prepare their own defence.
Step 4: Attend the IRAC Hearing
IRAC will schedule a formal hearing date. 🖥 During this hearing, Commissioners will listen to both sides. Unlike the initial hearing, IRAC proceedings can feel more like a formal court setting, making legal representation highly valuable.
How Much Does it Cost in PEI?
The costs associated with an IRAC appeal can vary depending on how complex your case is. 💰 Here are the general expenses you should anticipate:
| Service / Requirement | Estimated Cost (CAD) |
|---|---|
| Filing the Notice of Appeal | $0 (No IRAC filing fee) |
| Hearing Transcripts (if needed) | $50 – $150+ CAD |
| Lawyer Representation | $1,000 – $3,000+ CAD total |
How Long Does the Process Take?
The appeals process requires patience. ⏱ From the moment you file your Notice of Appeal, it generally takes 4 to 8 weeks to receive a hearing date. After the hearing concludes, the Commission may take another few weeks to issue their final written decision.
Frequently Asked Questions (FAQ)
Can I stay in my rental unit while the appeal is happening?
Generally, filing a Notice of Appeal puts a temporary hold (a stay of proceedings) on the eviction order until IRAC makes its final decision. However, you must continue paying your rent on time.
What happens if IRAC denies my appeal?
If IRAC upholds the original eviction order, the landlord can proceed to have the local Sheriff enforce the eviction almost immediately.
Can I submit new evidence at the IRAC hearing?
IRAC generally reviews the evidence that was already presented to the Director. Introducing entirely new evidence is usually restricted unless you can prove it was unavailable during the first hearing.
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