Manitoba RTB Appeal Process: How to Appeal an Order of Possession

Who Can Appeal and When

Either a landlord or a tenant can appeal an RTB decision to the Residential Tenancies Commission. The deadline depends on the type of order:

• Order of Possession: Seven days after the order is received
• Most other orders: Fourteen days after the order is received

These deadlines run from when the order is received, not when it is issued. Missing the window means the order stands unless the Commission grants leave to appeal.

How Filing an Appeal Works

Appeals are filed with the RTC at 1650-155 Carlton Street in Winnipeg. You pay the appellate filing fee set under section 24 of the Residential Tenancies Regulation (fee waivers may apply in certain cases).

In your appeal, you should identify the specific aspects of the decision you disagree with — the facts the Hearing Officer relied on, the interpretation of the law, or the procedures followed. The Commission hears the appeal, may adopt the Director's findings unless a party puts them in issue, and gives both parties an opportunity to present evidence and submissions.

The Automatic Stay

Filing an appeal automatically stays the RTB's decision, unless the Commission orders otherwise. That means enforcement is paused until the Commission decides the appeal. For landlords who won an Order of Possession, this is the key risk: a tenant filing an appeal on day six effectively freezes the eviction timeline.

If the Commission receives an application for leave to appeal (rather than a direct appeal), the stay remains in effect until that application is decided.

What Happens at the RTC

The Residential Tenancies Commission conducts its own hearing — either with a single Commissioner or a panel. The Commission can:

• Affirm the original order
• Vary the order (change the terms)
• Set aside the order entirely

Beyond the Commission

The Commission can state a case to the Manitoba Court of Appeal on a question of law or jurisdiction. This is not a general right of appeal from the RTC — it is a narrow mechanism for legal questions that the Commission itself identifies.

For most landlord-tenant disputes, the Commission's decision is the final word.

Practical Implications for Landlords

If you receive an Order of Possession in your favour, the seven-day appeal window is the most vulnerable period. Do not schedule movers or plan renovations until the window closes without an appeal being filed.

If the tenant does appeal, budget for weeks of additional delay while the Commission schedules and conducts its hearing.

Our Ending a Tenancy in Manitoba guide maps out the full escalation sequence from notice to enforcement, including the appeal windows at each stage.

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