CanadaCan my landlord evict me and does a tribunal have exclusive jurisdiction?
Yes, your landlord can evict you—but only through the proper legal process, and in most Canadian provinces, a residential tenancy tribunal (not a court) has exclusive jurisdiction over eviction and lease disputes.
What the Law Says
Canadian provincial residential tenancy laws give specialized tribunals—not regular courts—the sole authority to hear eviction applications and resolve landlord-tenant disputes. This statutory design was tested and upheld by the Supreme Court of Canada under constitutional principles.
Each province has its own residential tenancies legislation—for example, Ontario’s Residential Tenancies Act, 2006 and Quebec’s Civil Code provisions administered by the Régie du logement. These laws remove eviction and lease enforcement matters from the jurisdiction of provincial superior courts and assign them exclusively to administrative tribunals.
The constitutional validity of this delegation turns on section 96 of the Constitution Act, 1867, which protects the core jurisdiction of federally appointed judges. The Supreme Court established that tribunals may exercise judicial powers—including eviction orders—if they operate as part of a comprehensive, specialized scheme for resolving a particular class of disputes, without undermining the role of s. 96 courts.
What Courts Have Said
The Supreme Court of Canada has repeatedly confirmed that provincial tribunals may lawfully decide eviction matters—and that doing so does not violate the Constitution.
The Court held that Ontario’s Residential Tenancies Act, 1979—which gave the Ontario Rental Housing Tribunal power to evict tenants and enforce lease obligations—was constitutionally valid. It did not infringe s. 96 because the tribunal formed part of a specialized, integrated scheme for residential tenancies.
The Court reaffirmed the 'Residential Tenancies test' and ruled that Quebec’s Régie du logement has exclusive jurisdiction over residential lease disputes—including evictions—without violating s. 96, as its powers are confined to a discrete, expert-driven domain.
What to Do
Do not ignore an eviction notice—even if you believe it’s unfair. Tribunals require formal responses within strict deadlines (e.g., 10–20 days, depending on province).
File a response or application with your provincial tenancy tribunal (e.g., Ontario’s Landlord and Tenant Board or Quebec’s Régie du logement) before the deadline.
Gather evidence: lease agreement, rent receipts, photos of repairs needed, written communication with your landlord.
Attend your hearing—or request an adjournment in writing if you need more time to prepare.
If you lose and believe there was a serious error, check whether your tribunal allows appeals—and to which body (often a divisional court or provincial court, not the tribunal itself).
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.