# Who leads the tenancy tribunal when the chair is unavailable?

- Jurisdiction: Canada
- Practice area: Tenancy Law
- Published: 2026-10-22
- Last updated: 2026-10-22
- Canonical: https://lawasked.com/ca/tenancy-law/who-leads-tenancy-tribunal-when-chair-unavailable

## Question

I have a hearing about a disputed rent increase at the residential tenancy tribunal, but I do not know which person will act like the chairperson if the usual chair is ill or away. Will another board member be officially appointed to take over, and does that person have the same authority to manage the hearing and make decisions? I want to understand who will lead my case so I know who to address and how the meeting will be handled.

## Summary

If the Board Chair is absent or unable to act, the Chair may designate a vice-chair to serve in the Chair’s place. The designated vice-chair exercises the Chair’s powers and performs the Chair’s duties during that time, including managing the hearing and making Board decisions.

## Analysis

This answer concerns Ontario’s Residential Tenancies Act, 2006, which governs the residential tenancy tribunal identified in the question. The Lieutenant Governor in Council appoints one Board member as Chair and one or more members as vice-chairs [cite:ca-ontario-rta-2006-sec170].

If the Chair is absent or unable to act, the Chair may designate one of the vice-chairs to act. That person then exercises the powers and performs the duties of the Chair [cite:ca-ontario-rta-2006-sec170]. Accordingly, the person leading the hearing is not simply an arbitrary board member: it is the vice-chair designated by the Chair for the Chair’s absence or inability to act. The statutory language concerning a vice-chair who “shall exercise the powers and perform the duties of the Chair” supports treating the acting vice-chair as having the Chair’s authority to conduct the proceeding and participate in the Board’s decision-making while serving in that capacity [cite:ca-ontario-rta-2006-sec170].

The Board itself consists of members appointed by the Lieutenant Governor in Council [cite:ca-ontario-rta-2006-sec169], but the Act does not authorize any member to take over merely because that member is available. The replacement mechanism specifically depends on the Chair’s designation of a vice-chair [cite:ca-ontario-rta-2006-sec170].

## Statutory citations

- Residential Tenancies Act, 2006 (Ontario), S.O. 2006, c. 17, s. 170 - Chair and vice-chair [in force] (https://www.ontario.ca/laws/statute/06r17#BK170)
  > The Lieutenant Governor in Council shall appoint one member of the Board as Chair and one or more members as vice-chairs. The Chair may designate a vice-chair who shall exercise the powers and perform the duties of the Chair when the Chair is absent or unable to act.
- Residential Tenancies Act, 2006 (Ontario), S.O. 2006, c. 17, s. 169 - Composition [in force] (https://www.ontario.ca/laws/statute/06r17#BK169)
  > The members of the Board shall be appointed by the Lieutenant Governor in Council.

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