When Can the LTB Reconsider Its Own Orders? New Limits Under O. Reg. 178/26
Operational changes at the Landlord and Tenant Board continue to feature in both official notices and practitioner discussion. One set of amendments that took effect on July 1, 2026 limits when the Board may reconsider its own decisions and orders. The changes form part of broader efforts under the Residential Tenancies Act to reduce delays and backlogs.
The Statutory Change
Section 209(2) of the Residential Tenancies Act, 2006 now provides that the Board’s power to review all or part of its decision or order under section 21.2 of the Statutory Powers Procedure Act is subject to any prescribed limitations or conditions. Ontario Regulation 178/26 sets out those limitations.
The Board may exercise its discretion to review a final order or decision only if it is satisfied that one or more of the prescribed circumstances are present. Interpretation Guideline 8 has been updated to reflect the new framework. The shorter 15-day filing deadline for orders issued on or after July 1, 2026 works together with these narrower grounds.
The Three Prescribed Grounds
- Inability to reasonably participate
A party may seek review if they were not reasonably able to participate for prescribed reasons. These include lack of adequate notice of the hearing or the issues, inability attributable in whole or in part to the Board, being misled by another party, a serious emergency (such as hospitalization, serious illness or injury, or the death of an immediate family member), incarceration or incapacity, or a natural disaster or similar circumstance.
- Serious error
A review may be available where the decision or order is the consequence of a serious error. The regulation defines this to include the Board acting outside its jurisdiction or committing a material breach of procedural fairness; an error of law, fact, or mixed fact and law; a remedy that is significantly outside the range of usual and proportionate remedies for the type of proceeding; or terms of the order that are unenforceable.
- New evidence
A party may request review where they have obtained evidence that was not before the Board during the proceeding, could not have been obtained before the decision or order was made, and would likely have affected the result had it been available.
A review remains discretionary. It is not a second hearing or an opportunity to present the case differently. Only one review request is generally permitted for the same order. The Board continues to weigh the public interest in finality against the need to correct serious problems without forcing parties into an appeal or judicial review.
Practical Considerations
Parties who receive an unfavourable order should note the issuance date immediately and assess whether any prescribed ground applies. Supporting material must be concrete: details of the emergency, the specific jurisdictional or fairness issue, or a clear explanation of why the new evidence could not have been obtained earlier and why it would have changed the outcome.
Related operational updates that also took effect July 1, 2026 include the mandatory use of the LTB Payment Agreement Form for repayment plans under section 206, adjustments to service timelines for certain Above Guideline Increase orders, and clarified rules on portable and window air conditioners. Maximum fines for certain offences under the Act were also increased.
Housing and tenancy enforcement issues continue to surface periodically. Clearer limits on reconsideration aim to promote finality while still preserving a path for genuine procedural or evidentiary problems.
Sources
- Tribunals Ontario operational update (30 June 2026): https://tribunalsontario.ca/2026/06/30/ltb-operational-update-legislative-changes-at-the-ltb/
- Interpretation Guideline 8: Review of an Order (updated): https://tribunalsontario.ca/documents/ltb/Interpretation%20Guidelines/08%20-%20Review%20of%20an%20Order.html
- Residential Tenancies Act, 2006 and O. Reg. 178/26
Get in touch
If you are dealing with an LTB order issued on or after July 1, 2026 and believe one of the prescribed grounds applies, act promptly. Forms, Guideline 8, and the operational update are available on the Tribunals Ontario website.
This post provides general information only and is not legal advice. For advice on a specific matter, contact JSR Legals.
JSR Legals / JSR Immigration Ltd. 9300 Goreway Drive, Suite 205, Brampton, ON L6P 4N1 (647) 286-4266 info@jsrlegals.ca
Immigration & paralegal practitioner at JSR Immigration & Legals, helping newcomers and Ontario residents with their cases.
This post is general information about Canadian immigration and Ontario paralegal matters and is not legal advice. Rules change and every case is different — confirm current requirements for your own situation.