CanadaAre residential tenancy tribunals constitutional bodies that can exercise eviction powers?
Yes, residential tenancy tribunals in Canada are constitutional bodies that may exercise eviction powers, provided they do not infringe on the exclusive jurisdiction of s. 96 courts under the Constitution Act, 1867.
What the Law Says
The constitutional validity of provincial residential tenancy tribunals hinges on whether their powers — especially eviction orders — encroach on the core jurisdiction reserved for courts appointed under section 96 of the Constitution Act, 1867.
Section 96 of the Constitution Act, 1867 provides that judges of provincial superior, district, and county courts must be appointed by the Governor General. This provision has been interpreted to protect a 'core jurisdiction' — including certain adjudicative functions traditionally exercised by s. 96 courts — from being transferred to provincially created tribunals.
However, the Supreme Court has held that provinces may create administrative tribunals to resolve landlord-tenant disputes, including issuing eviction orders, as long as those tribunals do not replicate the full judicial function of s. 96 courts — particularly in matters involving general private law rights or complex legal questions outside the specialized statutory scheme.
Statutory TextThe test is whether the tribunal exercises a function which is so central to the administration of justice that it cannot be conferred on anyone other than a court created under s. 96.
— Constitution Act, 1867, s. 96 — constitutional principle established in Re Residential Tenancies Act
What Courts Have Said
The Supreme Court of Canada has twice affirmed that provincial residential tenancy tribunals may constitutionally issue eviction orders — provided their mandate remains confined to the specialized statutory regime governing residential tenancies.
The Court upheld Ontario’s Residential Tenancies Act, 1979, finding that the Ontario Rental Housing Tribunal’s power to order evictions did not usurp s. 96 court jurisdiction because its role was limited to enforcing a comprehensive, specialized statutory scheme — not general civil law remedies.
The Court confirmed Quebec’s Régie du logement could lawfully terminate leases and order evictions under civil law lease provisions, as its authority flowed from and was constrained by the Civil Code and specific housing legislation — not an impermissible delegation of s. 96 judicial power.
What to Do
Confirm your province’s residential tenancy tribunal is established under valid provincial legislation (e.g., Ontario’s Residential Tenancies Act or Quebec’s Act Respecting the Régie du logement).
Ensure eviction applications are filed only on grounds permitted by the applicable tenancy statute — tribunals lack inherent jurisdiction beyond their enabling Act.
If challenging a tribunal’s eviction order on constitutional grounds, argue specifically how it intrudes on s. 96 core jurisdiction — not merely that it resembles a court.
Seek legal advice early: constitutional challenges to tribunal jurisdiction are highly fact- and statute-specific and rarely succeed where the tribunal operates within its statutory mandate.
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.