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2026-10-14T01:24:56Z

Nate Russell:

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<h2 class="div-box-h2-HP">What is a Clicklaw Wikibook?</h2>
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'''Clicklaw Wikibooks''' are collaboratively developed, plain language legal publications that are published and kept up-to-date on a wiki, where they can also be printed. More than 50 [[:Category:Contributor_Bio|legal professionals]] and [[:Category:Contributor Organizations|law-related, non-profit organizations]] contribute to the Clicklaw Wikibooks collection. [[Clicklaw Wikibooks|Read more ...]]
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<h2 class="div-box-h2-HP">Featured Clicklaw Wikibooks</h2>
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Below are the most recently updated publications. For other titles, see [[Contents|the complete list]].
{| class="TitleList-Table"
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| class="table-content-image" |[[File:Legal Information for Indigenous People National Edition thumb image.jpg|text-top|80px |link=Legal Information for Indigenous People: National Edition]]
| class="table-content-title" |'''[[Legal Information for Indigenous People: National Edition]]'''<br/> From [[Bella Coola Legal Advocacy Program]], a booklet providing basic & accessible legal information for Indigenous people across the continent who are facing legal issues. It explains how the laws can vary for people based on their Indigeneity.
<noinclude>
__NOGLOSSARY__
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{{TitleList
| title = LSLAP Manual
| resource = LSLAP_Manual
| description = From [[Law Students' Legal Advice Program|LSLAP]], the reference manual used by law students giving legal advice in British Columbia. Topics include criminal law, human rights, workers' compensation, and employment law.}}
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| title = JP Boyd on Family Law
| resource = JP_Boyd_on_Family_Law
| description = A practical, in-depth, plain-language manual of family law and divorce law in British Columbia.}}
|- valign="top"
| class="table-content-image" |[[File:Navigating Home Care and Senior Housing thumb image.jpg|text-top|80px |link=Navigating Home Care and Senior Housing: An Advocacy Guide]]
| class="table-content-title" |'''[[Navigating Home Care and Senior Housing: An Advocacy Guide]]'''<br/> From [[Seniors First BC]], a guide explaining the types of personal care and health care that are available to older adults in British Columbia (BC).
|- valign="top"
{{TitleList
| title = Societies Act FAQs
| resource = Societies_Act_FAQs
| description = From [[Pacific Legal Education and Outreach Society]], for BC non-profits wanting to understand the requirements of the Act and compliance with this legislation.}}
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This site is operated by [https://www.courthouselibrary.ca Courthouse Libraries BC]. It operates in tandem with the public legal information program <strong>[http://www.clicklaw.bc.ca Clicklaw]</strong>, which offers plain-language legal resources created by publishers of reliable legal information in British Columbia, Canada.
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<h2 class="div-box-h2-HP">Supreme Court family chambers changes as of October 1, 2026</h2>
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[[JP Boyd on Family Law]] readers take note. Changes to the Supreme Court Family Rules affect how family chambers applications are served, responded to, scheduled, and filed. Check the [https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/about-bc-justice-system/legislation-policy/civil-rules/steps_and_timelines_for_supreme_court_civil_and_family_applications_oct_1_2026.pdf new steps and deadlines] before taking action.
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Small Claims Trial Preparation (20:XIII)

2026-10-11T20:02:30Z

Nate Russell: /* 2. Civil Resolution Tribunal */

{{REVIEWED LSLAP | date= 16 July 2026}}
{{LSLAP Manual TOC|expanded = smallclaims}}

Many, if not most, litigants find trials to be extremely unnerving. While a small claims trial is not predictable, preparing well in advance can help a party to avoid surprises, present a more compelling case, and alleviate fears about the process.

It is important to consider the merits of a claim before proceeding to trial. If there is no reasonable or admissible evidence, the claim is bound to fail (i.e., a statute prohibits recovery), or a limitation period has passed, the judge may impose a penalty. A penalty of up to 10 percent of the amount of the claim may be imposed if a party proceeds to trial without any reasonable basis for success (''SCR'', Rule 20(5)).

== A. Trial Binder ==

A tabbed trial binder helps a party to effectively present its case at trial. A suggested format is:

{| class="wikitable"
|-
| '''Tab 1:''' || Opening Statement: a brief summary of the issues in the case.
|-
| '''Tab 2:''' || Pleadings: all filed documents in chronological order with a list or index.
|-
| '''Tab 3:''' || Orders: all court orders that have been made.
|-
| '''Tab 4:''' || Claimant’s Case: anticipated evidence of the claimant and claimant’s witnesses, including reminders for introduction of exhibits and blank pages for taking notes of the cross-examination.
|-
| '''Tab 5:''' || Defendant’s Case: blank pages for notes of the direct examination of defendant and defendant’s witnesses and anticipated cross-examination questions.
|-
| '''Tab 6:''' || Closing Arguments/Submissions: a brief review of the evidence, suggested ways to reconcile conflicts in the evidence, a review of only the most persuasive case law and its application to the facts.
|-
| '''Tab 7:''' || Case Law: prepare three copies of each case relied on (for you, the judge, and the opposing party). Carefully scrutinize the need for multiple cases to support your argument and limit yourself to as few as possible.
|-
| '''Tab 8:''' || Exhibits: you will need the original (the exhibit) and three copies (for you, the judge, and the opposing party). You need to be able to prove when, why, and by whom the exhibit was created, and also be able to argue why it is relevant (i.e., document plan or photograph).
|-
| '''Tab 9:''' || Miscellaneous: any additional documents, notes, lists, and correspondence.
|}

== B. Expert Witnesses ==

Expert witness testimony is not admissible unless their expertise and special knowledge are: (1) necessary for the court to understand the issues (i.e., the subject matter of the dispute is outside the knowledge of an ordinary person) (''[http://canlii.ca/t/1frt1 R. v Mohan]'', [1994<nowiki>]</nowiki> 2 SCR 9) or (2) provides useful '''context''' to difficult evidence for the benefit of the trier of fact ''[http://canlii.ca/t/glj0n Anderson v Canada (Attorney General)]'', 2015 CarswellNfld 381 (NLTD)).

Whether expert evidence is necessary is a contextual consideration and it can sometimes be unclear when it is required; however, it can be very important as a failure to provide expert evidence when it is required can result in the failure of a party’s claim. If you are unsure about whether you need expert evidence for your claim, seek legal advice.

Expert evidence is generally required to establish the standard of care of a professional, such as a contractor. The main exceptions to this rule are when the professional’s work was obviously substandard or when the issue is not technical (''[https://canlii.ca/t/hxlzj Schellenberg v. Wawanesa Mutual Insurance Company]'', 2019 BCSC 196).

The expert’s testimony cannot include the expert’s assessment of the credibility of either the claimant or the defendant (''Movahed v Leung'', [1998] BCJ No. 1210; ''[http://canlii.ca/t/5c62 Brough v Richmond]'', 2003 BCSC 512; and ''[http://canlii.ca/t/1w9v9 Campbell v Sveinungsen]'', 2008 BCSC 381). Expert witness testimony is inadmissible if it relates to issues that the court is capable of understanding and analysing without assistance (''Sengbusch v Priest'', [1987] 14 BCLR (2d) 26 (BCSC)).

For more information on expert testimony, see the Provincial Court’s Small Claims Guide: https://www2.gov.bc.ca/gov/content/justice/courthouse-services/small-claims/how-to-guides/getting-ready#7f.

=== 1. Small Claims ===

Evidence may be given by an expert at trial or through a written report. An expert report must be the opinion of only one person. Written reports or a notice of expert testimony must be served at least 30 days before trial (''SCR'', Rules 10(3) and (4)).

An expert witness report should include the resume or qualifications of the expert, a brief discussion of the facts of the case supporting the opinion or conclusion, the opinion or conclusion itself, and what was done to arrive at that conclusion.

An exception to the “in-person” rule for expert witnesses is permitted for estimates and quotes. A party may bring a written estimate for the repair of damage or a written estimate of the property value and present it as evidence at trial without calling the person who gave the estimate or quote. Parties should obtain more than one estimate or quote, especially if the sum of money involved is large. Estimates of repairs or value of the property are not considered to be expert evidence (''SCR'', Rule 10(8)) but must be served on all other parties at least 14 days before trial.

If the claimant does not serve the estimate in time, they can ask the trial judge for permission to present it anyway at trial. The claimant may or may not get permission to do so. The other party may ask for a trial adjournment to obtain their own estimate or quote. If the adjournment is granted, the claimant could be penalised and ordered to pay the other party’s expenses.

=== 2. Civil Resolution Tribunal ===

Experts giving evidence at a CRT hearing are there only to assist the tribunal and should not advocate for a particular side or party. The expert should be neutral about the dispute’s outcome. Expert evidence may only be relied on if the party relying on it provides it to all other parties, unless the tribunal decides otherwise, by the deadline set by the case manager. In addition, the person providing it must provide their qualifications and they must be accepted by the tribunal as “qualified by education, training, or experience” to give that opinion.

The CRT may require that a party providing written expert opinion evidence also provide a copy of the expert’s invoice and any correspondence relating to the requested opinion to every party. The tribunal can direct one or more parties to obtain expert opinion evidence and decide how the cost for these witnesses will be borne.

For motor vehicle injury (“accident”) claims, the tribunal will determine whether additional expert evidence is reasonably necessary and proportionate through a consideration of factors which include:

* the type of bodily injury or injuries;
* the nature of the claim to be decided by the tribunal;
* the other evidence available;
* the amount claimed;
* the timeliness of the request; and
* any other factors the tribunal considers appropriate (''CRTR'', Rule 8.4(1)).

In addition, for disputes filed under the CRT’s motor vehicle injury jurisdiction, the tribunal may order an independent medical examination on its own behest or at the request of one of the parties. A party who cannot afford to pay the cost of obtaining expert evidence in a motor vehicle injury dispute can ask that the tribunal order another party to pay, although this is contingent on the other party’s ability to pay and the likelihood that the requesting party’s claim will be successful. See the CRT’s Rules (Rule 9.6) for more details.

In order to support claims of mental injury or distress in the context of claims such as for aggravated damages, expert medical evidence is not mandatory. The CRT is generally bound in this regard by the principles set out in ''Saadati v Moorhead'', 2017 SCC 28. Psychological injury is recognized as a form of personal injury in BC, and can thus commensurately be considered by the CRT.

== C. Witness Preparation ==

For Small Claims trials, a party should review the evidence of its witnesses at least one week before trial and confirm the witnesses’ attendance. Witnesses should understand how a trial is conducted, the role of a witness, and the requirement that witnesses tell the truth.

CRT disputes on the other hand, are almost always done in writing. Therefore, witnesses should provide signed statements setting out their evidence.

=== 1. Ensuring Attendance ===

Each party must ensure that its witnesses will attend court. If a party is not absolutely certain that a witness will attend, the witness should be personally served with Form 8: Summons to a Witness together with reasonably estimated travelling expense at least 7 days before the witness is required to appear (''SCR'', Rules 9(1)-(3)). The minimum travelling expenses must cover round-trip, economy fare such as bus fare to and from the court. For a summons to appear by another method of attendance, the party must offer the reasonable estimated cost of the telephone call, video conference, or other method of attendance (''SCR'', Rule 9(2)(b)). While lost salary and other expenses do not have to be paid, a party should be reasonable and generous if possible to avoid making a witness bear the cost of litigation.

If a witness who has been served with a summons does not appear at trial, the summoning party may ask the judge for an adjournment or a warrant of arrest (Form 9; ''SCR'', Rules 9(7) and 14)).

=== 2. Telling the Truth ===

Giving evidence in court is a solemn and serious affair. Lying to the court can be a criminal offence and result in imprisonment. A witness must be well prepared to give evidence.

To emphasise the formality of the proceeding, witnesses must either swear an oath to or solemnly affirm that they will tell the truth. Sworn and affirmed testimony are equally regarded; the choice of whether to swear or affirm is the witness’.

Swearing an oath involves the witness placing their right hand on a religious text and swearing to tell the truth with reference to their chosen religion. While the bible is the default, several religious texts are available if pre-arranged with the court. The standard oath, “Do you swear that the evidence you are about to give the court, in this case, shall be the truth, the whole truth and nothing but the truth, so help you God?”, can be modified according to religious preference. A witness who does not want to swear a religious oath should give a solemn affirmation. The wording of the solemn affirmation is: “Do you solemnly affirm that the evidence you are about to give the court, in this case, shall be the truth, the whole truth and nothing but the truth?”.

A witness does not need to know the details of each party’s position. If a witness has been told the merits and legal arguments of each side, there is a risk that the witness may advocate for a party by including arguments while testifying. Such conduct is not persuasive, suggests that the witness may be biased, and may undermine the witness’ credibility.

=== 3. Arranging an Interpreter ===

Trials and hearings are conducted in English. If a party or the party’s witness does not speak English, the party must arrange for an interpreter to be present. There is a list of interpreters available from the court registry however the court does not certify interpreters (''[http://canlii.ca/t/fw93h Sandhu v British Columbia]'', 2013 BCCA 88). A party may use any person who is competent to reliably, accurately, and competently translate what is said in court; the judge has, however, discretion to reject the party’s choice of an interpreter. The same is true for advancing evidence which is written in another language; any evidence unaccompanied by a certified English translation is inadmissible in BC Courts (''Conseil scholaire francophone de la Colombie-Britannique v British Columbia'', 2012 BCCA 282). Parties who would like to advance evidence written in another language should consult the relevant court’s website which generally provides a list of ceritified translators recognized by the court.

An interpreter should be prepared to testify as to their experience and training. An interpreter who is related to a party may be rejected on the basis of potential bias and an interpreter who is inexperienced or untrained may be rejected on the basis of incompetence. If a party does not arrange an interpreter for a hearing or if the court rejects the interpreter, the party may be liable for a penalty and the reasonable costs of the other party. The party requiring the interpreter should ask the judge at the settlement or trial conference to decide whether the chosen interpreter is acceptable.

The party requiring the interpreter is responsible for the costs of the interpreter; these costs can be, however, recovered if the party is successful at trial.

=== 4. General Advice for Witnesses ===

* Discuss whether the witness will swear or affirm their testimony.
* The microphones in court do not amplify; they are for recording purposes only. Face the judge when testifying and speak slowly, clearly, and loudly enough for the judge to hear.
* Witnesses should wear appropriate business attire.
* Witnesses should never guess, assume, or argue with the judge or one of the lawyers.
* If a lawyer or other party says, “Objection”, or the judge starts speaking, the witness should stop testifying and wait for the judge’s instructions.
* On direct examination, the witness should answer questions fully.
* On cross-examination, the witness should answer as briefly and succinctly as possible.

== D. Documentary Evidence ==

Each party should have the original and three copies of each document to be entered as an exhibit. The original will be marked as an exhibit and the other three are for the judge, the opposing party, and you to work from during the trial. Keep track of the exhibits and always refer to them by the correct number.

Before a document can be marked as an exhibit, it must be authenticated. The witness must identify its origins and that it is a true copy. Give the original document and a copy to the clerk and ask the clerk to show the original to the witness. Ask the witness to identify it: “I’m showing you a letter dated…”, “Do you recognize it?”, “Is this your signature?” or “Is it addressed to you?” When the witness has identified its origins and there are no objections, ask the judge to accept it as an exhibit: “May this be marked exhibit #1?”

Unless the court orders otherwise, Affidavits and Exhibits in small claims proceedings must be no longer than 25 pages in total, cannot be provided on a USB stick or other electronic data storage device, including a video or audio file. For more rules on the content and format of documentary evidence, see https://provincialcourt.bc.ca/system/files/SM-CL-03.pdf.

:'''NOTE:''' In exceptional circumstances, the judge may permit a witness to provide evidence by affidavit rather than testifying at trial (''[http://canlii.ca/t/1l561 Withler and Fitzsimonds v Attorney General (Canada)]'', 2005 BCSC 1044 (CanLII), para 18; and ''[http://canlii.ca/t/fkr60 Sangha v Reliance]'', 2011 BCSC 371).

:'''NOTE:''' A judge may examine and compare headshots or handwriting, but should only place very limited weight on their own judgement in these situations (''[http://canlii.ca/t/1fr59 R. v Nikolovski]'',[1996] CanLII 158 SCC; and ''[http://canlii.ca/t/6hcz R. v Abdi]'', [1997] CanLII 4448 Ont CA).

The CRT decides whether the hearing is held in writing, orally, or a combination of the two (''CRT Rules'', Rule 9.1). CRT disputes are almost always done in writing. As such, evidence rules differ from those at Court. Refer to Part 8 of the CRT Rules for information about evidence: https://civilresolutionbc.ca/resources/rules-and-policies/.

{{LSLAP Manual Navbox|type=chapters15-23}}

Small Claims Trial Preparation (20:XIII)

2026-10-11T19:57:32Z

Nate Russell: 2026 update

{{REVIEWED LSLAP | date= 16 July 2026}}
{{LSLAP Manual TOC|expanded = smallclaims}}

Many, if not most, litigants find trials to be extremely unnerving. While a small claims trial is not predictable, preparing well in advance can help a party to avoid surprises, present a more compelling case, and alleviate fears about the process.

It is important to consider the merits of a claim before proceeding to trial. If there is no reasonable or admissible evidence, the claim is bound to fail (i.e., a statute prohibits recovery), or a limitation period has passed, the judge may impose a penalty. A penalty of up to 10 percent of the amount of the claim may be imposed if a party proceeds to trial without any reasonable basis for success (''SCR'', Rule 20(5)).

== A. Trial Binder ==

A tabbed trial binder helps a party to effectively present its case at trial. A suggested format is:

{| class="wikitable"
|-
| '''Tab 1:''' || Opening Statement: a brief summary of the issues in the case.
|-
| '''Tab 2:''' || Pleadings: all filed documents in chronological order with a list or index.
|-
| '''Tab 3:''' || Orders: all court orders that have been made.
|-
| '''Tab 4:''' || Claimant’s Case: anticipated evidence of the claimant and claimant’s witnesses, including reminders for introduction of exhibits and blank pages for taking notes of the cross-examination.
|-
| '''Tab 5:''' || Defendant’s Case: blank pages for notes of the direct examination of defendant and defendant’s witnesses and anticipated cross-examination questions.
|-
| '''Tab 6:''' || Closing Arguments/Submissions: a brief review of the evidence, suggested ways to reconcile conflicts in the evidence, a review of only the most persuasive case law and its application to the facts.
|-
| '''Tab 7:''' || Case Law: prepare three copies of each case relied on (for you, the judge, and the opposing party). Carefully scrutinize the need for multiple cases to support your argument and limit yourself to as few as possible.
|-
| '''Tab 8:''' || Exhibits: you will need the original (the exhibit) and three copies (for you, the judge, and the opposing party). You need to be able to prove when, why, and by whom the exhibit was created, and also be able to argue why it is relevant (i.e., document plan or photograph).
|-
| '''Tab 9:''' || Miscellaneous: any additional documents, notes, lists, and correspondence.
|}

== B. Expert Witnesses ==

Expert witness testimony is not admissible unless their expertise and special knowledge are: (1) necessary for the court to understand the issues (i.e., the subject matter of the dispute is outside the knowledge of an ordinary person) (''[http://canlii.ca/t/1frt1 R. v Mohan]'', [1994<nowiki>]</nowiki> 2 SCR 9) or (2) provides useful '''context''' to difficult evidence for the benefit of the trier of fact ''[http://canlii.ca/t/glj0n Anderson v Canada (Attorney General)]'', 2015 CarswellNfld 381 (NLTD)).

Whether expert evidence is necessary is a contextual consideration and it can sometimes be unclear when it is required; however, it can be very important as a failure to provide expert evidence when it is required can result in the failure of a party’s claim. If you are unsure about whether you need expert evidence for your claim, seek legal advice.

Expert evidence is generally required to establish the standard of care of a professional, such as a contractor. The main exceptions to this rule are when the professional’s work was obviously substandard or when the issue is not technical (''[https://canlii.ca/t/hxlzj Schellenberg v. Wawanesa Mutual Insurance Company]'', 2019 BCSC 196).

The expert’s testimony cannot include the expert’s assessment of the credibility of either the claimant or the defendant (''Movahed v Leung'', [1998] BCJ No. 1210; ''[http://canlii.ca/t/5c62 Brough v Richmond]'', 2003 BCSC 512; and ''[http://canlii.ca/t/1w9v9 Campbell v Sveinungsen]'', 2008 BCSC 381). Expert witness testimony is inadmissible if it relates to issues that the court is capable of understanding and analysing without assistance (''Sengbusch v Priest'', [1987] 14 BCLR (2d) 26 (BCSC)).

For more information on expert testimony, see the Provincial Court’s Small Claims Guide: https://www2.gov.bc.ca/gov/content/justice/courthouse-services/small-claims/how-to-guides/getting-ready#7f.

=== 1. Small Claims ===

Evidence may be given by an expert at trial or through a written report. An expert report must be the opinion of only one person. Written reports or a notice of expert testimony must be served at least 30 days before trial (''SCR'', Rules 10(3) and (4)).

An expert witness report should include the resume or qualifications of the expert, a brief discussion of the facts of the case supporting the opinion or conclusion, the opinion or conclusion itself, and what was done to arrive at that conclusion.

An exception to the “in-person” rule for expert witnesses is permitted for estimates and quotes. A party may bring a written estimate for the repair of damage or a written estimate of the property value and present it as evidence at trial without calling the person who gave the estimate or quote. Parties should obtain more than one estimate or quote, especially if the sum of money involved is large. Estimates of repairs or value of the property are not considered to be expert evidence (''SCR'', Rule 10(8)) but must be served on all other parties at least 14 days before trial.

If the claimant does not serve the estimate in time, they can ask the trial judge for permission to present it anyway at trial. The claimant may or may not get permission to do so. The other party may ask for a trial adjournment to obtain their own estimate or quote. If the adjournment is granted, the claimant could be penalised and ordered to pay the other party’s expenses.

=== 2. Civil Resolution Tribunal ===

. In order to support claims of mental injury or distress in the context of claims such as for aggravated damages, expert medical evidence is not mandatory. The CRT is generally bound in this regard by the principles set out in ''Saadati v Moorhead'', 2017 SCC 28.

Experts giving evidence at a CRT hearing are there only to assist the tribunal and should not advocate for a particular side or party. The expert should be neutral about the dispute’s outcome. Expert evidence may only be relied on if the party relying on it provides it to all other parties, unless the tribunal decides otherwise, by the deadline set by the case manager. In addition, the person providing it must provide their qualifications and they must be accepted by the tribunal as “qualified by education, training, or experience” to give that opinion.

The CRT may require that a party providing written expert opinion evidence also provide a copy of the expert’s invoice and any correspondence relating to the requested opinion to every party. The tribunal can direct one or more parties to obtain expert opinion evidence and decide how the cost for these witnesses will be borne.

For motor vehicle injury (“accident”) claims, the tribunal will determine whether additional expert evidence is reasonably necessary and proportionate through a consideration of factors which include:

* the type of bodily injury or injuries;
* the nature of the claim to be decided by the tribunal;
* the other evidence available;
* the amount claimed;
* the timeliness of the request; and
* any other factors the tribunal considers appropriate (''CRTR'', Rule 8.4(1)).

In addition, for disputes filed under the CRT’s motor vehicle injury jurisdiction, the tribunal may order an independent medical examination on its own behest or at the request of one of the parties. A party who cannot afford to pay the cost of obtaining expert evidence in a motor vehicle injury dispute can ask that the tribunal order another party to pay, although this is contingent on the other party’s ability to pay and the likelihood that the requesting party’s claim will be successful. See the CRT’s Rules (Rule 9.6) for more details.

In order to support claims of mental injury or distress in the context of claims such as for aggravated damages, expert medical evidence is not mandatory. The CRT is generally bound in this regard by the principles set out in ''Saadati v Moorhead'', 2017 SCC 28. Psychological injury is recognized as a form of personal injury in BC, and can thus commensurately be considered by the CRT.

== C. Witness Preparation ==

For Small Claims trials, a party should review the evidence of its witnesses at least one week before trial and confirm the witnesses’ attendance. Witnesses should understand how a trial is conducted, the role of a witness, and the requirement that witnesses tell the truth.

CRT disputes on the other hand, are almost always done in writing. Therefore, witnesses should provide signed statements setting out their evidence.

=== 1. Ensuring Attendance ===

Each party must ensure that its witnesses will attend court. If a party is not absolutely certain that a witness will attend, the witness should be personally served with Form 8: Summons to a Witness together with reasonably estimated travelling expense at least 7 days before the witness is required to appear (''SCR'', Rules 9(1)-(3)). The minimum travelling expenses must cover round-trip, economy fare such as bus fare to and from the court. For a summons to appear by another method of attendance, the party must offer the reasonable estimated cost of the telephone call, video conference, or other method of attendance (''SCR'', Rule 9(2)(b)). While lost salary and other expenses do not have to be paid, a party should be reasonable and generous if possible to avoid making a witness bear the cost of litigation.

If a witness who has been served with a summons does not appear at trial, the summoning party may ask the judge for an adjournment or a warrant of arrest (Form 9; ''SCR'', Rules 9(7) and 14)).

=== 2. Telling the Truth ===

Giving evidence in court is a solemn and serious affair. Lying to the court can be a criminal offence and result in imprisonment. A witness must be well prepared to give evidence.

To emphasise the formality of the proceeding, witnesses must either swear an oath to or solemnly affirm that they will tell the truth. Sworn and affirmed testimony are equally regarded; the choice of whether to swear or affirm is the witness’.

Swearing an oath involves the witness placing their right hand on a religious text and swearing to tell the truth with reference to their chosen religion. While the bible is the default, several religious texts are available if pre-arranged with the court. The standard oath, “Do you swear that the evidence you are about to give the court, in this case, shall be the truth, the whole truth and nothing but the truth, so help you God?”, can be modified according to religious preference. A witness who does not want to swear a religious oath should give a solemn affirmation. The wording of the solemn affirmation is: “Do you solemnly affirm that the evidence you are about to give the court, in this case, shall be the truth, the whole truth and nothing but the truth?”.

A witness does not need to know the details of each party’s position. If a witness has been told the merits and legal arguments of each side, there is a risk that the witness may advocate for a party by including arguments while testifying. Such conduct is not persuasive, suggests that the witness may be biased, and may undermine the witness’ credibility.

=== 3. Arranging an Interpreter ===

Trials and hearings are conducted in English. If a party or the party’s witness does not speak English, the party must arrange for an interpreter to be present. There is a list of interpreters available from the court registry however the court does not certify interpreters (''[http://canlii.ca/t/fw93h Sandhu v British Columbia]'', 2013 BCCA 88). A party may use any person who is competent to reliably, accurately, and competently translate what is said in court; the judge has, however, discretion to reject the party’s choice of an interpreter. The same is true for advancing evidence which is written in another language; any evidence unaccompanied by a certified English translation is inadmissible in BC Courts (''Conseil scholaire francophone de la Colombie-Britannique v British Columbia'', 2012 BCCA 282). Parties who would like to advance evidence written in another language should consult the relevant court’s website which generally provides a list of ceritified translators recognized by the court.

An interpreter should be prepared to testify as to their experience and training. An interpreter who is related to a party may be rejected on the basis of potential bias and an interpreter who is inexperienced or untrained may be rejected on the basis of incompetence. If a party does not arrange an interpreter for a hearing or if the court rejects the interpreter, the party may be liable for a penalty and the reasonable costs of the other party. The party requiring the interpreter should ask the judge at the settlement or trial conference to decide whether the chosen interpreter is acceptable.

The party requiring the interpreter is responsible for the costs of the interpreter; these costs can be, however, recovered if the party is successful at trial.

=== 4. General Advice for Witnesses ===

* Discuss whether the witness will swear or affirm their testimony.
* The microphones in court do not amplify; they are for recording purposes only. Face the judge when testifying and speak slowly, clearly, and loudly enough for the judge to hear.
* Witnesses should wear appropriate business attire.
* Witnesses should never guess, assume, or argue with the judge or one of the lawyers.
* If a lawyer or other party says, “Objection”, or the judge starts speaking, the witness should stop testifying and wait for the judge’s instructions.
* On direct examination, the witness should answer questions fully.
* On cross-examination, the witness should answer as briefly and succinctly as possible.

== D. Documentary Evidence ==

Each party should have the original and three copies of each document to be entered as an exhibit. The original will be marked as an exhibit and the other three are for the judge, the opposing party, and you to work from during the trial. Keep track of the exhibits and always refer to them by the correct number.

Before a document can be marked as an exhibit, it must be authenticated. The witness must identify its origins and that it is a true copy. Give the original document and a copy to the clerk and ask the clerk to show the original to the witness. Ask the witness to identify it: “I’m showing you a letter dated…”, “Do you recognize it?”, “Is this your signature?” or “Is it addressed to you?” When the witness has identified its origins and there are no objections, ask the judge to accept it as an exhibit: “May this be marked exhibit #1?”

Unless the court orders otherwise, Affidavits and Exhibits in small claims proceedings must be no longer than 25 pages in total, cannot be provided on a USB stick or other electronic data storage device, including a video or audio file. For more rules on the content and format of documentary evidence, see https://provincialcourt.bc.ca/system/files/SM-CL-03.pdf.

:'''NOTE:''' In exceptional circumstances, the judge may permit a witness to provide evidence by affidavit rather than testifying at trial (''[http://canlii.ca/t/1l561 Withler and Fitzsimonds v Attorney General (Canada)]'', 2005 BCSC 1044 (CanLII), para 18; and ''[http://canlii.ca/t/fkr60 Sangha v Reliance]'', 2011 BCSC 371).

:'''NOTE:''' A judge may examine and compare headshots or handwriting, but should only place very limited weight on their own judgement in these situations (''[http://canlii.ca/t/1fr59 R. v Nikolovski]'',[1996] CanLII 158 SCC; and ''[http://canlii.ca/t/6hcz R. v Abdi]'', [1997] CanLII 4448 Ont CA).

The CRT decides whether the hearing is held in writing, orally, or a combination of the two (''CRT Rules'', Rule 9.1). CRT disputes are almost always done in writing. As such, evidence rules differ from those at Court. Refer to Part 8 of the CRT Rules for information about evidence: https://civilresolutionbc.ca/resources/rules-and-policies/.

{{LSLAP Manual Navbox|type=chapters15-23}}

Small Claims Trial and Pre-Trial Conferences (20:XII)

2026-10-11T19:52:46Z

Nate Russell: 2026 update

{{REVIEWED LSLAP | date= 16 July 2026}}
{{LSLAP Manual TOC|expanded = smallclaims}}

== A. Trial Conference ==

A trial conference only applies to claims at the Vancouver (Robson Square) registry. Parties should see [[Small_Claims_Settlement_Conferences_(20:XI)|Section XI: Settlement Conference]] for information regarding the purpose of, preparation for, and conduct of a trial conference. A trial conference is similar to a settlement conference with a few notable exceptions, such as:

* the focus will be on trial preparation rather than on settlement.
* a party does not have to attend if a lawyer, articling student, or other representative attends on that party’s behalf (''SCR'', Rule 7.5(12));
* a Trial Statement (Form 33) must be filed at least 14 days before the trial conference and served on all other parties at least 7 days before the trial conference (''SCR'', Rules 7.5(9) and (10)).

:* The trial statement form must include 4 sections: a statement of facts, amount claimed and calculation of the amount, a witness list, and the documents intended to be relied on at trial;

* a certificate of readiness is not required as it will have been provided prior to Rule 7.4 mediation;
* the judge may require the parties to jointly retain an expert (''SCR'', Rule 7.5(14)(e)(ii)); and
* the judge may give a non-binding opinion regarding the probable outcome of the trial (''SCR'', Rule 7.5(14)(j)).

There may be consequences for failing to file and serve the Trial Statement on time (see ''SCR'', Rule 20(6); ''[https://canlii.ca/t/5lrn Yewchuk v Cleland]'', 2002 BCPC 200 (CanLII); ''Irving v Irving'', 1982 CanLII 475 (BCCA); and ''[https://canlii.ca/t/54f9 Busse v Robinson Morelli Chertkow]'', [1999] BCJ No. 1101 (BCCA)). The Registrar must serve a Notice of Trial Conference (Form 32) at least 30 days prior to the date set for the conference. A judge may make any order for the just, speedy, and inexpensive resolution of the claim including those enumerated in Rule 7.5(14).

== B. Pre-Trial Conference ==

At most registries, a pre-trial conference will be scheduled for claims with trials that are scheduled to be longer than one half-day. In many ways, this is similar to a settlement conference. There are basically no rules for pre-trial conferences. The general purpose is to ensure that the parties are prepared for trial, that all orders have been complied with, that all disclosure has been made, and that all witnesses will attend the trial. The judge will try to narrow the number of witnesses to reduce court time. In practice, it is a good idea to review the witnesses on your list and be prepared to address whether the evidence that each witness will give is redundant or conflicts with any rule of evidence. One of the more common issues that arises is hearsay. In addition, the judge will review the admissibility of documentary evidence, particularly that of written evidence. The judge will also ensure that the matter falls within the jurisdictional limits of the Small Claims Court and that the claim is not beyond its limitation period. Finally, even at this late date, the judge will encourage the claimants and defendants to settle the matter. The parties may receive an order allowing another 30 days after the pre-trial conference to serve a formal settlement offer to the opposing party. The offer to settle must be made according to Rule 10.1 and penalties may apply to parties who refuse the formal offer to settle. For example, if the court after trial grants the claimant a sum that is equal to or less than the defendant’s formal settlement offer, the claimant can be ordered to pay the defendant a penalty of up to 20 percent of the settlement offer.

It is not uncommon for judges at a pre-trial conference to decide the case based on the law without hearing any evidence. Some consider this to be an improper use of pre-trial conferences. However, as stated above, there are no rules governing pre-trial conferences so you should be aware of this going into a pre-trial conference.

A judge also may order that a trial is to be attended by telephone, video conference or other means of electronic communication (''SCR'', Rule 7.5(14)(j.1)). If this happens, the judge must also direct how, and by what date, to submit and serve any records and other things that a party intends to rely on at trial (''SCR'', Rule 7.5(14.1)).

{{LSLAP Manual Navbox|type=chapters15-23}}

Small Claims Trial and Pre-Trial Conferences (20:XII)

2026-10-11T19:47:35Z

Nate Russell: 2026 update

{{REVIEWED LSLAP | date= 11 July 2025}}
{{LSLAP Manual TOC|expanded = smallclaims}}

== A. Trial Conference ==

A trial conference only applies to claims at the Vancouver (Robson Square) registry. Parties should see [[Small_Claims_Settlement_Conferences_(20:XI)|Section XI: Settlement Conference]] for information regarding the purpose of, preparation for, and conduct of a trial conference. A trial conference is similar to a settlement conference with a few notable exceptions, such as:

* the focus will be on trial preparation rather than on settlement.
* a party does not have to attend if a lawyer, articling student, or other representative attends on that party’s behalf (''SCR'', Rule 7.5(12));
* a Trial Statement (Form 33) must be filed at least 14 days before the trial conference and served on all other parties at least 7 days before the trial conference (''SCR'', Rules 7.5(9) and (10)).

:* The trial statement form must include 4 sections: a statement of facts, amount claimed and calculation of the amount, a witness list, and the documents intended to be relied on at trial;

* a certificate of readiness is not required as it will have been provided prior to Rule 7.4 mediation;
* the judge may require the parties to jointly retain an expert (''SCR'', Rule 7.5(14)(e)(ii)); and
* the judge may give a non-binding opinion regarding the probable outcome of the trial (''SCR'', Rule 7.5(14)(j)).

There may be consequences for failing to file and serve the Trial Statement on time (see ''SCR'', Rule 20(6); ''Yewchuk v Cleland'', 2002 BCPC 200 (CanLII); ''Irving v Irving'', 1982 CanLII 475 (BCCA); and ''Busse v Robinson Morelli Chertkow'', [1999] BCJ No. 1101 (BCCA)). The Registrar must serve a Notice of Trial Conference (Form 32) at least 30 days prior to the date set for the conference. A judge may make any order for the just, speedy, and inexpensive resolution of the claim including those enumerated in Rule 7.5(14).

== B. Pre-Trial Conference ==

At most registries, a pre-trial conference will be scheduled for claims with trials that are scheduled to be longer than one half-day. In many ways, this is similar to a settlement conference. There are basically no rules for pre-trial conferences. The general purpose is to ensure that the parties are prepared for trial, that all orders have been complied with, that all disclosure has been made, and that all witnesses will attend the trial. The judge will try to narrow the number of witnesses to reduce court time. In practice, it is a good idea to review the witnesses on your list and be prepared to address whether the evidence that each witness will give is redundant or conflicts with any rule of evidence. One of the more common issues that arises is hearsay. In addition, the judge will review the admissibility of documentary evidence, particularly that of written evidence. The judge will also ensure that the matter falls within the jurisdictional limits of the Small Claims Court and that the claim is not beyond its limitation period. Finally, even at this late date, the judge will encourage the claimants and defendants to settle the matter. The parties may receive an order allowing another 30 days after the pre-trial conference to serve a formal settlement offer to the opposing party. The offer to settle must be made according to Rule 10.1 and penalties may apply to parties who refuse the formal offer to settle. For example, if the court after trial grants the claimant a sum that is equal to or less than the defendant’s formal settlement offer, the claimant can be ordered to pay the defendant a penalty of up to 20 percent of the settlement offer.

It is not uncommon for judges at a pre-trial conference to decide the case based on the law without hearing any evidence. Some consider this to be an improper use of pre-trial conferences. However, as stated above, there are no rules governing pre-trial conferences so you should be aware of this going into a pre-trial conference.

A judge also may order that a trial is to be attended by telephone, video conference or other means of electronic communication (''SCR'', Rule 7.5(14)(j.1)). If this happens, the judge must also direct how, and by what date, to submit and serve any records and other things that a party intends to rely on at trial (''SCR'', Rule 7.5(14.1)).

{{LSLAP Manual Navbox|type=chapters15-23}}

Small Claims Settlement Conferences (20:XI)

2026-10-11T19:44:44Z

Nate Russell: 2026 update

{{REVIEWED LSLAP | date= 16 July 2026}}
{{LSLAP Manual TOC|expanded = smallclaims}}

Settlement conferences are held in all court registries and are mandatory for all cases barring select exceptions: i) motor vehicle accident cases where only liability for property damage is disputed, and ii) simplified or summary trials (under now Rule 9.1 and 9.2) unless a judge orders otherwise.

== A. Who Must/Can Attend ==

The registry will serve the parties by mail with a Notice of Settlement Conference (Form 6) at least 28 days in advance (''SCR'', Rule 7(3)).

All parties, with or without legal representation, must attend the settlement conference, although there is are exceptions for: claims resulting from a motor vehicle accident, the defendant is disputing the amount of the claim but not liability, and a person appointed by ICBC attends instead of the defendant (''SCR'', Rule 7(4)). If a party is not an individual (i.e., a company), someone who has authority to settle the claim for the company must attend (''Kamloops Dental Centre v Mcmillan'', [1996] 28 BCLR (3d) 60 (BCSC)). If a party sends a lawyer or articled student and does not attend personally or send a company representative, that party will be deemed to have not attended the settlement conference. A party may appear by telephone if an application is made to and approved by the Registrar prior to the date set for the conference (''SCR'', Rule 16(2)(c.1)). If a party does not attend or does not have full authority to settle, the judge can dismiss a claim, grant a payment order, or make any other appropriate order (''SCR'', Rules 7(17)). If a party attends but is unprepared, a judge may order the unprepared party to pay the other party’s reasonable costs (''SCR'', Rules 7(6) and 20(6)).

Witnesses cannot attend except in unusual and exceptional cases. A witness who does attend the settlement conference will usually be asked to wait outside.

''Support persons'': unless a judge orders or directs otherwise, a litigant may have a support person with them at any small claims or family proceeding except for settlement/trial conferences, family case conferences, or family settlement conferences. Litigants must inform the judge before the commencement of the proceedings that a support person is present with them. Rules for the conduct and role of support persons can be found in NP11 (https://www.provincialcourt.bc.ca/downloads/Practice%20Directions/NP11.pdf).

== B. What to Bring ==

Each party must bring to a settlement conference all relevant documents and reports whether the party intends to use them at trial or not (''SCR'', Rule 7(5)). Documents include any contracts, invoices, bills of sale, business records, and photographs.

Each party should prepare a brief chronological summary of its case and support it with evidence. Claimants should bring more than one written estimate or quote if there is a large sum of money involved.

Pursuant to Small Claims Rule 7(5), each party must submit all relevant documents and reports to the registry at least 14 days before the date of the conference, and serve all relevant documents and reports on the other parties at least 7 days before the settlement conference.

'''Note''': settlement conferences held via Teams may have different deadlines for filing and service, as well as restrictions on the length of documents. Parties should adhere to the specific requirements set out in the notice of settlement/trial conference and any relevant orders made in respect to the conference. For more information on requirements for documents for use in settlement conferences and small claims proceedings generally, see:
https://provincialcourt.bc.ca/system/files/SM-CL-03.pdf

'''Note:''' subject to specific orders for disclosure, the content of a party’s settlement conference documents is somewhat a matter of discretion. However, providing a convincing array of evidence can be strategically beneficial in presenting a strong case and a greater incentive to the other parties to settle.

If the claim is for personal injury, the claimant must file and serve a Form 7 certificate of readiness and required records before a settlement conference will be scheduled (''SCR'', Rule 7(5)). There can be consequences for failing to file the certificate of readiness on time (''SCR'', Rule 7(5)).

== C. What May Happen ==

A settlement conference is scheduled for 30 to 60 minutes before a judge in a conference room at the courthouse. The judge at the settlement/trial conference will not be the judge at trial if a trial is necessary. The parties will sit at a table with the judge. The judge will say a few words and ask each party to give a brief summary of their case. The claimant generally goes first. The judge may then lead both the claimant and defendant into a discussion on what, if anything, the parties can agree on. If the parties agree on the final result, the judge will make the order. However, the parties may agree on some issues and leave issues in dispute to be resolved at trial. The judge will assess how much time is required for trial. The complete list of powers a judge may exercise during a settlement conference is set out in Rule 7(14) of the ''Small Claims Rules''.

A judge at a settlement conference may make any order for the just, speedy, and inexpensive resolution of the claim (''SCR'', Rule 7(14)). This includes mediating and making orders regarding admissibility of evidence, inspections of evidence, or production of evidence to the other party. The judge may also dismiss a claim that discloses no triable issue, is without reasonable grounds, is frivolous, or is an abuse of the court’s process (''SCR'', Rule 7(14)((i); ''Belanger v AT&T Canada Inc.'', [1994] BCJ No. 2792; ''Cohen v Kirkpatrick'', 1993 CanLII 2059 (BCSC); and ''Artisan Floor Co. v Lam'', [1993] 76 BCLR (2d) 384 (BCSC)). Examples include claims that are outside the court’s jurisdiction, where the claimant presents no evidence, or where the limitation period at the date of filing the Notice of Claim had expired. A judge cannot dismiss a case at the settlement conference on the basis of issues relating to the credibility of witnesses or evidence.

Pursuant to Rule 7(14) a judge has the power to compel the production of documents, records, or other information in a settlement conference. If a party believes that relevant documents or records have not been disclosed by the other party, they may request that the judge make an order for document production. Where there is a privacy interest associated with a requested document or record, a judge may still order the production of the document if it is relevant to the claim ([https://canlii.ca/t/1hm86 ''Bain v. Rodrigue'',] 2004 BCPC 259). A judge in Small Claims Court has the authority to compel the production of non-party records subject to claims of privilege ([https://canlii.ca/t/hwqzq ''Schiller v. HMTQ, NHA and BCCNP'',] 2018 BCPC 345 at para 134)

A judge may also order that multiple claims be heard at the same time, or consolidated into one claim (''Schab v Active Bailiff Service Ltd.'', [1993] BCJ No. 2936). The distinction is important. Claims heard at the same time may each individually be awarded up to $35,000, while claims which are consolidated into one claim may only be awarded $35,000 combined.

A judge may order that a trial is to be attended by telephone, video conference or other means of electronic communication (''SCR'', Rule 7(14)(j.1)). If this happens, the judge must also direct how, and by what date, to submit and serve any records and other things that a party intends to rely on at trial (''SCR'', Rule 7(14.1).

Any agreement valid under contract law can result in a binding settlement. Agreements entered into by lawyers with their client's knowledge and consent are binding but can be set aside in some circumstances (''[https://canlii.ca/t/5t05 Harvey v British Columbia Corps of Commissionaires]'', 2002 BCPC 69).

A party may feel that they are under significant pressure to settle during a settlement conference. If a settlement offer is made, it is appropriate and advisable that a party consult with their counsel before accepting the offer. If needed, a party should request a five-minute adjournment for this purpose.

If all claims are not settled, the parties should acquire a record of the settlement conference, which may outline all of the issues in the case, all admissions, the number of witnesses, the anticipated length of the trial, and anything that must be disclosed.

:'''NOTE:''' If the settlement pertains to an action against a lawyer for which a complaint has been filed with the Law Society, a party cannot use complaint withdrawal as a bargaining technique; it is improper during settlement negotiations to offer to withdraw a complaint against a lawyer as a part of the settlement (''[https://canlii.ca/t/1q0x9 Gord Hill Log Homes Ltd. v Cancedar Log Homes]'', 2006 BCPC 480).

== D. Disclosure ==

Trial by ambush is not permitted. Each party is entitled to know the evidence for and against its position. If the parties cannot reach a settlement, the focus will turn to trial preparation. The judge at a settlement conference has the power to order production of documents and evidence. Each party should attend the settlement conference with a list of documents and evidence that is believed to be in the possession of the other party.

A judge will order the parties to exchange copies of all documents or allow for their inspection before trial. The disclosure must be timely (''[https://canlii.ca/t/4w2k Golden Capital Securities Ltd. v Holmes]'', 2002 BCSC 516). These documents should be compiled in a tabbed binder for easy reference at trial.

Each party must be prepared to disclose the name of each witness that that party intends to call, indicate what evidence each witness will give, and provide a time estimate. If expert evidence will be used, it is helpful if a written report (or at least a draft copy) is available for the settlement conference. If an expert report is not available, parties will be ordered to exchange those reports prior to trial. There is a minimum deadline of 30 days before trial (''SCR'', Rules 10(3) and (4)); however, the judge at the settlement conference can be asked to change the time limits.

If a party does not comply with a disclosure order, a judge may adjourn the trial, the settlement conference, or both, order that party to pay expenses, order the trial to proceed without allowing that evidence to be used, or dismiss the action.

:'''NOTE:''' For case law relating to the disclosure of medical documents and ethical obligations of physicians to their patients see ''[http://canlii.ca/t/1g5q6 Cunningham v Slubowski]'', 2003 BCSC 1854.

:'''NOTE:''' For case law on obtaining disclosure from the Crown (e.g., from a related criminal case) in a civil case see ''[http://canlii.ca/t/1n0h2 Huang (litigation guardian of) v Sadler]'', [2006<nowiki>]</nowiki> BCJ No. 758 (BCSC) and ''[http://canlii.ca/t/21zxc Wong v Antunes]'', 2008 BCSC 1739.

:'''NOTE:''' For case law pertaining to the admissibility of evidence obtained through electronic surveillance (e.g., recording telephone conversations and videotaping) and whether it will be considered a violation of the ''Privacy Act'', RSBC 1996, c 373, see ''[http://canlii.ca/t/1rfst Watts v Klaemt]'', 2007 BCSC 662. For case law on obtaining evidence from third parties see ''[http://canlii.ca/t/1q91l Lewis v Frye]'', 2007 BCSC 89.

A judge may also order the exchange of all case law prior to the trial date.

Parties should consider writing to the other side after the settlement conference to confirm the deadline, the documents required, and remedies that will be pursued if there is no disclosure. When sending documents, it is important to include a list or outline of what material is enclosed.

== E. Enforcing a Settlement Agreement ==

If an agreement reached at a settlement conference includes payment, and if a party does not comply, the agreement can be cancelled (''SCR'', Rule 7(20)). After filing an affidavit describing the non-compliance, the person entitled to payment may file a payment order for either the amount agreed to by the parties as the default amount and noted on the record as the default amount endorsed by the judge at the settlement conference or the full amount of the original claim if there was no default amount endorsed by the judge.

{{LSLAP Manual Navbox|type=chapters15-23}}

Small Claims Settlement Conferences (20:XI)

2026-10-11T19:41:39Z

Nate Russell: 2026 updated

{{REVIEWED LSLAP | date= 16 July 2026}}
{{LSLAP Manual TOC|expanded = smallclaims}}

Settlement conferences are held in all court registries and are mandatory for all cases barring select exceptions: i) motor vehicle accident cases where only liability for property damage is disputed, and ii) simplified or summary trials (under now Rule 9.1 and 9.2) unless a judge orders otherwise.

== A. Who Must/Can Attend ==

The registry will serve the parties by mail with a Notice of Settlement Conference (Form 6) at least 28 days in advance (''SCR'', Rule 7(3)).

All parties, with or without legal representation, must attend the settlement conference, although there is are exceptions for: claims resulting from a motor vehicle accident, the defendant is disputing the amount of the claim but not liability, and a person appointed by ICBC attends instead of the defendant (''SCR'', Rule 7(4)). If a party is not an individual (i.e., a company), someone who has authority to settle the claim for the company must attend (''Kamloops Dental Centre v Mcmillan'', [1996] 28 BCLR (3d) 60 (BCSC)). If a party sends a lawyer or articled student and does not attend personally or send a company representative, that party will be deemed to have not attended the settlement conference. A party may appear by telephone if an application is made to and approved by the Registrar prior to the date set for the conference (''SCR'', Rule 16(2)(c.1)). If a party does not attend or does not have full authority to settle, the judge can dismiss a claim, grant a payment order, or make any other appropriate order (''SCR'', Rules 7(17)). If a party attends but is unprepared, a judge may order the unprepared party to pay the other party’s reasonable costs (''SCR'', Rules 7(6) and 20(6)).

Witnesses cannot attend except in unusual and exceptional cases. A witness who does attend the settlement conference will usually be asked to wait outside.

''Support persons'': unless a judge orders or directs otherwise, a litigant may have a support person with them at any small claims or family proceeding except for settlement/trial conferences, family case conferences, or family settlement conferences. Litigants must inform the judge before the commencement of the proceedings that a support person is present with them. Rules for the conduct and role of support persons can be found in NP11 (https://www.provincialcourt.bc.ca/downloads/Practice%20Directions/NP11.pdf).

== B. What to Bring ==

Each party must bring to a settlement conference all relevant documents and reports whether the party intends to use them at trial or not (''SCR'', Rule 7(5)). Documents include any contracts, invoices, bills of sale, business records, and photographs.

Each party should prepare a brief chronological summary of its case and support it with evidence. Claimants should bring more than one written estimate or quote if there is a large sum of money involved.

Pursuant to Small Claims Rule 7(5), each party must submit all relevant documents and reports to the registry at least 14 days before the date of the conference, and serve all relevant documents and reports on the other parties at least 7 days before the settlement conference.

'''Note''': settlement conferences held via Teams may have different deadlines for filing and service, as well as restrictions on the length of documents. Parties should adhere to the specific requirements set out in the notice of settlement/trial conference and any relevant orders made in respect to the conference. For more information on requirements for documents for use in settlement conferences and small claims proceedings generally, see:
https://www.provincialcourt.bc.ca/downloads/Practice%20Directions/SMCL03.pdf

'''Note:''' subject to specific orders for disclosure, the content of a party’s settlement conference documents is somewhat a matter of discretion. However, providing a convincing array of evidence can be strategically beneficial in presenting a strong case and a greater incentive to the other parties to settle.

If the claim is for personal injury, the claimant must file and serve a Form 7 certificate of readiness and required records before a settlement conference will be scheduled (''SCR'', Rule 7(5)). There can be consequences for failing to file the certificate of readiness on time (''SCR'', Rule 7(5)).

== C. What May Happen ==

A settlement conference is scheduled for 30 to 60 minutes before a judge in a conference room at the courthouse. The judge at the settlement/trial conference will not be the judge at trial if a trial is necessary. The parties will sit at a table with the judge. The judge will say a few words and ask each party to give a brief summary of their case. The claimant generally goes first. The judge may then lead both the claimant and defendant into a discussion on what, if anything, the parties can agree on. If the parties agree on the final result, the judge will make the order. However, the parties may agree on some issues and leave issues in dispute to be resolved at trial. The judge will assess how much time is required for trial. The complete list of powers a judge may exercise during a settlement conference is set out in Rule 7(14) of the ''Small Claims Rules''.

A judge at a settlement conference may make any order for the just, speedy, and inexpensive resolution of the claim (''SCR'', Rule 7(14)). This includes mediating and making orders regarding admissibility of evidence, inspections of evidence, or production of evidence to the other party. The judge may also dismiss a claim that discloses no triable issue, is without reasonable grounds, is frivolous, or is an abuse of the court’s process (''SCR'', Rule 7(14)((i); ''Belanger v AT&T Canada Inc.'', [1994] BCJ No. 2792; ''Cohen v Kirkpatrick'', 1993 CanLII 2059 (BCSC); and ''Artisan Floor Co. v Lam'', [1993] 76 BCLR (2d) 384 (BCSC)). Examples include claims that are outside the court’s jurisdiction, where the claimant presents no evidence, or where the limitation period at the date of filing the Notice of Claim had expired. A judge cannot dismiss a case at the settlement conference on the basis of issues relating to the credibility of witnesses or evidence.

Pursuant to Rule 7(14) a judge has the power to compel the production of documents, records, or other information in a settlement conference. If a party believes that relevant documents or records have not been disclosed by the other party, they may request that the judge make an order for document production. Where there is a privacy interest associated with a requested document or record, a judge may still order the production of the document if it is relevant to the claim ([https://canlii.ca/t/1hm86 ''Bain v. Rodrigue'',] 2004 BCPC 259). A judge in Small Claims Court has the authority to compel the production of non-party records subject to claims of privilege ([https://canlii.ca/t/hwqzq ''Schiller v. HMTQ, NHA and BCCNP'',] 2018 BCPC 345 at para 134)

A judge may also order that multiple claims be heard at the same time, or consolidated into one claim (''Schab v Active Bailiff Service Ltd.'', [1993] BCJ No. 2936). The distinction is important. Claims heard at the same time may each individually be awarded up to $35,000, while claims which are consolidated into one claim may only be awarded $35,000 combined.

A judge may order that a trial is to be attended by telephone, video conference or other means of electronic communication (''SCR'', Rule 7(14)(j.1)). If this happens, the judge must also direct how, and by what date, to submit and serve any records and other things that a party intends to rely on at trial (''SCR'', Rule 7(14.1).

Any agreement valid under contract law can result in a binding settlement. Agreements entered into by lawyers with their client's knowledge and consent are binding but can be set aside in some circumstances (''[https://canlii.ca/t/5t05 Harvey v British Columbia Corps of Commissionaires]'', 2002 BCPC 69).

A party may feel that they are under significant pressure to settle during a settlement conference. If a settlement offer is made, it is appropriate and advisable that a party consult with their counsel before accepting the offer. If needed, a party should request a five-minute adjournment for this purpose.

If all claims are not settled, the parties should acquire a record of the settlement conference, which may outline all of the issues in the case, all admissions, the number of witnesses, the anticipated length of the trial, and anything that must be disclosed.

:'''NOTE:''' If the settlement pertains to an action against a lawyer for which a complaint has been filed with the Law Society, a party cannot use complaint withdrawal as a bargaining technique; it is improper during settlement negotiations to offer to withdraw a complaint against a lawyer as a part of the settlement (''[https://canlii.ca/t/1q0x9 Gord Hill Log Homes Ltd. v Cancedar Log Homes]'', 2006 BCPC 480).

== D. Disclosure ==

Trial by ambush is not permitted. Each party is entitled to know the evidence for and against its position. If the parties cannot reach a settlement, the focus will turn to trial preparation. The judge at a settlement conference has the power to order production of documents and evidence. Each party should attend the settlement conference with a list of documents and evidence that is believed to be in the possession of the other party.

A judge will order the parties to exchange copies of all documents or allow for their inspection before trial. The disclosure must be timely (''[https://canlii.ca/t/4w2k Golden Capital Securities Ltd. v Holmes]'', 2002 BCSC 516). These documents should be compiled in a tabbed binder for easy reference at trial.

Each party must be prepared to disclose the name of each witness that that party intends to call, indicate what evidence each witness will give, and provide a time estimate. If expert evidence will be used, it is helpful if a written report (or at least a draft copy) is available for the settlement conference. If an expert report is not available, parties will be ordered to exchange those reports prior to trial. There is a minimum deadline of 30 days before trial (''SCR'', Rules 10(3) and (4)); however, the judge at the settlement conference can be asked to change the time limits.

If a party does not comply with a disclosure order, a judge may adjourn the trial, the settlement conference, or both, order that party to pay expenses, order the trial to proceed without allowing that evidence to be used, or dismiss the action.

:'''NOTE:''' For case law relating to the disclosure of medical documents and ethical obligations of physicians to their patients see ''[http://canlii.ca/t/1g5q6 Cunningham v Slubowski]'', 2003 BCSC 1854.

:'''NOTE:''' For case law on obtaining disclosure from the Crown (e.g., from a related criminal case) in a civil case see ''[http://canlii.ca/t/1n0h2 Huang (litigation guardian of) v Sadler]'', [2006<nowiki>]</nowiki> BCJ No. 758 (BCSC) and ''[http://canlii.ca/t/21zxc Wong v Antunes]'', 2008 BCSC 1739.

:'''NOTE:''' For case law pertaining to the admissibility of evidence obtained through electronic surveillance (e.g., recording telephone conversations and videotaping) and whether it will be considered a violation of the ''Privacy Act'', RSBC 1996, c 373, see ''[http://canlii.ca/t/1rfst Watts v Klaemt]'', 2007 BCSC 662. For case law on obtaining evidence from third parties see ''[http://canlii.ca/t/1q91l Lewis v Frye]'', 2007 BCSC 89.

A judge may also order the exchange of all case law prior to the trial date.

Parties should consider writing to the other side after the settlement conference to confirm the deadline, the documents required, and remedies that will be pursued if there is no disclosure. When sending documents, it is important to include a list or outline of what material is enclosed.

== E. Enforcing a Settlement Agreement ==

If an agreement reached at a settlement conference includes payment, and if a party does not comply, the agreement can be cancelled (''SCR'', Rule 7(20)). After filing an affidavit describing the non-compliance, the person entitled to payment may file a payment order for either the amount agreed to by the parties as the default amount and noted on the record as the default amount endorsed by the judge at the settlement conference or the full amount of the original claim if there was no default amount endorsed by the judge.

{{LSLAP Manual Navbox|type=chapters15-23}}

Small Claims Mediation (20:X)

2026-10-11T19:18:00Z

Nate Russell: 2026 update

{{REVIEWED LSLAP | date= 16 July 2026}}
{{LSLAP Manual TOC|expanded = smallclaims}}

Mediation is available through the courts for claims between $10,000 and $35,000. Rule 7.2, which mandated mediation for certain claims under $10,000, was repealed effective January 1st, 2019. Parties are also free to mediate on their own. See [[Choosing_the_Proper_Forum_for_Small_Claims_(20:IV)|Section IV. D.: Alternative Dispute Resolution]].

== A. Claims Between $10,000 - $35,000 – Rule 7.3 ==

This rule applies to all registries except the Vancouver (Robson Square) court registry. See [[Choosing_the_Proper_Forum_for_Small_Claims_(20:IV)|Section IV. D.: Alternative Dispute Resolution]].

Any party to a proceeding where the amount of a claim, counterclaim, or third party notice exceeds $10,000 may initiate mediation by filing a Notice to Mediate (Form 29) and serving it on every other party to the proceeding (''SCR'', Rules 7.3(2), (3), and (5)). If mediation has been scheduled all parties must select a mediator, attend the mediation, and agree on the amount that each party will pay towards the costs of mediation (''SCR'', Rules 7.3(9)-(10), (17)-(23), and (33)-(36)). By default, the parties will split the cost (''SCR'', Rule 7.3(35)(b)(i)). If the parties cannot agree on a mediator, the BC Mediator Roster Society may be requested to appoint one (''SCR'', Rule 7.3(10)).

Parties must attend the mediation session in person unless an application is filed for adjournment (''SCR'', Rule 7.3(30)), for a teleconference (Rule 7.3(25)), or for an exemption (Rule 7.3(28)). If a party fails to attend as required, the mediator will fill out a verification of default (Form 31) and provide it to the party in attendance (''SCR'', Rule 7.3(37). After filing Form 31, the party in attendance can file a request for judgment or dismissal (Form 23) which dismisses the claim if the party not attending is the claimant or gives a default order if the party not attending is the defendant (''SCR'', Rules 7.3(38)-(41)).

== B. Preparing for Mediation ==

Preparation is essential in order to achieve the most from mediation. Before mediation, each party must provide to the mediator and serve on the other parties all documents and reports that are relevant to the dispute (''SCR'', Rule 7.3(19)). Parties have the ability to create their own resolution and should consider creative settlement options. Mediation is not a forum to assess blame or resolve legal questions; it is designed to end the dispute in a manner that satisfactorily addresses the interests, legal and otherwise, of each party. It is important to listen to the other party expressing their interests and allow the mediator to help the parties resolve the dispute.

== C. Procedure ==

Mediation is a flexible process that allows the mediator to help the parties achieve a settlement. A mediator is not necessarily a lawyer but is a skilled, experienced professional. Although mediation sessions can vary with respect to the process, there are generally some standard steps that are followed.

All parties and representatives will be seated at a table with one to three mediators. The mediators will describe the mediation process, and ask each person attending to sign an Agreement to Mediate. This must be signed in order for the mediation process to proceed. The Agreement to Mediate form includes a confidentiality clause (any information disclosed in the session that is not otherwise discoverable is inadmissible and mediators cannot be called to testify in later proceedings) and ensures that the parties present have full authority to settle the case.

After signing the Agreement to Mediate, both parties will have a short time to tell their story. The mediator will summarize the key points in dispute. Once the main issues are identified, the mediator will look for common interests in an attempt to assist parties to resolve the dispute. The mediator will assist the parties to negotiate and reach an amicable resolution. During the process, it is not uncommon for a mediator to have a private conference with each party.

If the parties agree to a resolution, the mediator will draft an Agreement setting out the terms of the resolution. It may include monetary and non-monetary terms, and may have a non-compliance clause setting out consequences for failing to fulfil the obligations set out in the Agreement. If there is no non-compliance clause, the default amount will be the original amount claimed in the action. The mediator will file the agreement in the Small Claims Court registry after each party signs the agreement.

{{LSLAP Manual Navbox|type=chapters15-23}}

Small Claims Applications and Procedures Pre-Trial (20:IX)

2026-10-11T18:58:24Z

Nate Russell: 2026 update

{{REVIEWED LSLAP | date= 16 July 2026}}
{{LSLAP Manual TOC|expanded = smallclaims}}

== A. Offers to Settle ==

If a party rejects a formal offer to settle, the trial judge may order a party who rejected an offer to settle to pay a penalty of up to 20 per cent of the offer (''SCR'', Rule 10.1(7)). However, this rule does not apply if the proceeding was started by a notice of CRT claim, or if Rule 9.1 of the ''Small Claims Rules'' applies (the amount of the claim and counterclaim, if any, are each for $10,000 or less, and if one of the following applies: the claim was started after November 25, 2007 and is for $5,000 or less; the claim was started on or after June 1, 2017 and is for more than $5,000; or the claim is part of a proceeding started by a notice of a CRT claim and, on or after June 1, 2017) (''SCR'', Rule 9.1(2)). This can happen in one of two ways. If the defendant makes an offer that the claimant rejects and, at trial, the claimant is awarded an amount including interest and expenses that is equal to or less than the offer, the penalty is deducted (''SCR'', Rule 10.1(5)). If the claimant makes an offer the defendant rejects, and the claimant is awarded a sum including interest and expenses that equals or exceeds the claimant’s offer, the penalty is added onto the award (''SCR'', Rule 10.1(6)).

A formal offer to settle must be made using Form 18 and served on the party to whom the offer is made as if it were a Notice of Claim (''SCR'', Rule 10.1(1)). The party offering to settle may also fill out a certificate of service. Neither the Form 18 nor the certificate of service is filed at the registry; if the party making the offer wishes the penalties to apply, these forms should be presented to a judge for the first time ''after'' a decision is given at trial.

A formal offer must be made within 30 days of the conclusion of a:

* settlement conference;
* trial conference.

Once the first of any of these hearings has concluded and 30 days have elapsed, formal offers cannot be made without the permission of a judge (''SCR'', Rule 10.1(2)). However, the parties can continue to make and accept informal offers to settle up until the point a judgement is rendered.

Parties making formal offers are not permitted to shorten the acceptance deadline on Form 18 - the allotted period for accepting a formal offer is 30 days after the date the offer was served.

== B. Withdrawing a Claim, Counterclaim, Reply, or Third Party Notice ==

A party may withdraw a claim, counterclaim, reply, or third party notice at any time (''SCR'', Rule 8(4)). To do so, a party must file a notice of withdrawal (''SCR'', Rule 8(4)(a), Form scl019) at the registry and then promptly serve the notice of withdrawal on all parties who had been previously served with the claim, counterclaim, reply, or third party notice (''SCR'', Rule 8(4)(b)). A Notice of Withdrawal may be served by ordinary mail or personal service (''SCR'', Rule 18(12)).

Once a pleading is withdrawn, it cannot be reinstated, used, or relied upon without the permission of a judge (''SCR'', Rules 8(6) and 16(7)).

Withdrawing a claim does '''not''' result in the dismissal of a counterclaim. The counterclaim may still proceed unless it is also withdrawn (''[http://canlii.ca/t/1fw54 Ishikawa v Aoki and Japanese Auto Centre Ltd.]'', 2002 BCPC 683). In the CRT, a party who wants to withdraw its claim can do so in adherence with the CRT Rules. Before the end of case management, the party can request permission to withdraw the claim (''CRT Rules'', Rule 6.1). After the dispute has been assigned to a tribunal member, the party must obtain the tribunal member’s permission to withdraw its claim. If the party seeks to pursue a withdrawn claim, they must obtain permission of the tribunal. The tribunal will consider many factors, including the reason for the withdrawal, any prejudice to the other parties, expired limitation periods, the tribunal’s mandate, and the interests of justice and fairness.

== C. Adjournments and Cancellations ==

Once a date for a hearing, settlement conference, or trial has been set, any party can apply for an adjournment or to cancel the hearing (''SCR'', Rule 17(5)).

If seeking an adjournment, try to first obtain the consent of the opposing party prior to applying to a judge. If consent is given, Form 17 must be filed in the registry as soon as possible.

A trial will only be adjourned if a judge is satisfied that it is unavoidable and if an injustice will result to one of the parties if the trial proceeds (''SCR'', Rule 17(5.1)). There is a $100 fee for adjournments where the application is made less than 30 days before a trial and notice of the trial was sent 45 days before the trial’s date (''SCR'', Schedule A, Line 14; Rule 17(5.2)). The fee must be paid within 14 days of the granting of the adjournment (''SCR'', Rule 17(5.3)). If a party fails to pay this fee, a judge may dismiss the claim, strike out the reply, or make any order they deem fair (''SCR'', Rule 17(5.4)).

== D. Pre-Judgment Garnishment ==

If the claim is for debt, a “garnishing order before judgment” may be issued at the same time a Notice of Claim is filed. Except for wages and interest, almost any debt can be garnished before a judgment. Since injustice can sometimes occur from the procedure, few garnishing orders are issued before judgment. Practically, the court will grant a garnishing order before judgment in only certain circumstances, for instance where the claimants will be unable to collect if they succeed (''[http://canlii.ca/t/1j00m Intrawest Corp. v Gottschalk]'', 2004 BCSC 1317).

To obtain a pre-judgment garnishing order, the claimant must file an affidavit stating: if a judgement has been recovered or an order made, that it has been recovered or made, and the amount is unsatisfied; or if a judgement has not been recovered, that an action is pending, the time of its commencement, the nature of the cause of action, the actual amount of the debt, claim or demand, and that it is justly due and owing after making all just discounts. In either case, the claimant must also state: that any other person is indebted or liable to the defendant (the garnishee), the judgement debtor or person liable to satisfy the judgement or order, and is in the jurisdiction of the court; and with reasonable certainty, the place of residence of the garnishee (''Court Order Enforcement Act'', RSBC 1996, c 78, s 3(2)).

If the registry grants the order, the claimant must serve both the garnishee and the defendant. If the garnishee is a bank, the garnishing order must be served on the branch where the account is located (''Bank Act'', SC 1991, c 46, s 462(1)). If the garnishee is a credit union, the order must be served on its head office. A separate order must be obtained for each garnishee. The Garnishee must pay the greater of the amount owed to a Defendant and the amount shown on the garnishing order to the Court Registry. It is extremely important to find out the correct legal name of the Garnishee. This is because if you use the wrong name on the Garnishment documents, the Garnishee can refuse to pay to the Court money owed to the Defendant. If the Garnishee is a company, a search at the BC Corporate Registry Office would be useful.

In some cases of fraud, the Supreme Court can issue a Mareva Injunction freezing the defendant’s worldwide assets (''[http://canlii.ca/t/j888g Fernandes v Legacy Financial Systems], Inc.'', 2020 BCSC 885); this prevents the defendant from dealing with '''any''' of their assets in any way.

It is also possible to apply for a “garnishing order before action”. This is a separate form from a pre-judgement garnishment. This form is used before a Notice of Claim has been registered at a Small Claims Court Registry (see https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/small-claims/scl806.pdf).

== E. Transfer to Supreme Court ==

A judge at the settlement/trial conference, at trial, or after application by a party at any time, '''must''' transfer a claim to Supreme Court if they are satisfied that the monetary outcome of a claim (not including interest and expenses) may exceed $35,000 (''SCR'', Rule 7.1(1)). However, the claimant may expressly choose to abandon the amount over $35,000 to keep the action in the Small Claims Court (''SCR'', Rule 7.1(2)). For personal injury claims, a judge must consider medical or other reports filed or brought to the settlement conference by the parties before transferring the claim to Supreme Court (''SCR'', Rule 7.1(3)).

If a counterclaim for more than $35,000 is transferred under this rule, the original claim can still be heard in Small Claims Court if the claim is $35,000 or less (''[http://canlii.ca/t/1q3w6 Shaugnessy v Roth]'', 2006 BCCA 547).

== F. Amendments ==

If a party wants the court or tribunal to order something different or in addition to what is in the initiating document, then the party must amend the claim as early in the process as possible. This would occur if, for example, the claimant sought to change the amount of the existing claim. Failure to do so may result in the additional claim not being heard for procedural fairness reasons. Only in extraordinary circumstances will the CRT amend a claim during the decision phase (''CRT Rules'', Rule 1.19(3)). A party who wants to amend, change, add, or remove anything in a filed document, such as the amount, the name of a party, or a fact, must follow Rule 8 (''[http://canlii.ca/t/1dt0n Royal Bank of Canada v Olson]'', [1990<nowiki>]</nowiki> 44 B.C.L.R. (2d) 87 (BCSC)).

=== 1. Permission to Amend ===

Anything in any filed document can be changed by the party who filed it. Permission is not required unless '''any''' of the following has begun (Rule 8(1)):

*a settlement conference;
*a mediation under Rule 7.4;
*a trial conference under Rule 7.5;
*a trial under Rule 9.1; or
*a trial under Rule 9.2 (''SCR'', Rule 8(1)).

If any of these steps have commenced, the party must apply to a judge for permission to amend the document (''SCR'', Rules 8(1)(b) and 16(7)).

=== 2. Amendment Procedure ===

Changes to the document must then be underlined, initialled and dated (''SCR'', Rule 8(2)). If a judge has allowed the amendment, the document should reference the order. For example, the document might state, “Amended Pursuant to Rule 8(1)(b) by Order of the Honourable Judge Law on September 1, 2012.” For the specific amending procedure for the CRT, see Rule 1.19 of the CRT Rules.

=== 3. Serving Amendments ===

Before taking any other step in the claim, the party must serve a copy of the amended document on each party to the claim (''SCR'', Rule 8(3)).

If the amended document is a Notice of Claim, Counterclaim, or Third Party Notice, it must be served as if it was an original. If the amended document is a Reply or some other document, it can be sent by regular mail to the address of each party to the action (''SCR'', Rule 18(12)(b)). Documents served by ordinary mail are presumed served 14 days after being mailed unless there is evidence to the contrary (''SCR'', Rule 18(13)). While proof of service is not required, it is recommended.

=== 4. Responding to Amendments ===

Generally, there is no obligation to respond to an amendment (''SCR'', Rule 8(3.1)). For example, a defendant’s current Reply may satisfactorily respond to a minor change to a Notice of Claim. If the defendant chooses not to file an amended Reply, the claimant cannot apply for a default order (''SCR'', Rule 8(3.2)).

A party who wishes to respond to an amendment should follow the same procedures outlined in this section.

{{LSLAP Manual Navbox|type=chapters15-23}}

How Small Claims Proceed (20:VIII)

2026-10-11T18:55:14Z

Nate Russell: 2026 update

{{REVIEWED LSLAP | date= 16 July 2026}}
{{LSLAP Manual TOC|expanded = smallclaims}}

A number of pilot projects have been implemented at some of the busier court registries. To anticipate how your claim will proceed and which rules will apply, find the court location where your claim will be heard and the heading that best describes your claim.

The length of time it will take to resolve a claim depends on:
# how busy the court is (to find out how far ahead dates are being set at your location, ask at the court registry or the Judicial Case Manager);
# how much time the trial is expected to take (a matter requiring a full day trial will often be scheduled later than a simpler matter);
# whether the documents can be served without delay;
# whether the claim is disputed; and
# the number of applications filed.

Complying with all of the court’s rules and orders will ensure that the claim is heard as soon as possible.

== A. Vancouver (Robson Square) and Richmond Small Claims ==

=== 1. Claims of $5,001 - $10,000 ===

Where the claim and counterclaim, if any, are each $5,001 – $10,000 (not including interest or expenses) and are not for either personal injury or financial debt, a simplified trial will be scheduled pursuant to Rule 9.1 of the ''SCR''. The trial is conducted without complying with formal rules of procedure and evidence, but if the adjudicator (meaning a judge or a justice of the peace) deems it appropriate, the adjudicator may conduct the trial with a formal examination and cross-examination of parties and witnesses.

Before the trial begins, an adjudicator will (a) review the documents filed by the parties; (b) determine whether the parties are able to settle the matter; and (c) if the parties are able to settle the matter, make a payment order or other appropriate order in the terms agreed to by the parties (''SCR'', Rule 9.1(21)).

Except for the trial, no other court appearances are typically required. The trial will be held for one hour before an adjudicator. To learn who decides the case and how long it takes, visit https://smallclaimsbc.ca/court-process/trial-process.

=== 2. Claims Exceeding $10,000 ===

Any party to a proceeding where the amount of a claim, counterclaim, or third party notice exceeds $10,000 '''may''' initiate Rule 7.3 of the ''SCR'' which is mediation. Following mediation or if mediation is not initiated, a settlement conference will be scheduled unless the claim relates to a motor vehicle accident where only liability for property damage is disputed. The final step is a trial pursuant to Rule 10 of the ''SCR''.

=== 3. Claims for Financial Debt ===

If the claimant or counterclaimant '''is in the business''' of lending money or extending credit and is suing for a debt that arises from a loan or the extension of credit, a summary trial will be scheduled pursuant to Rule 9.2 of the ''SCR''; except for the trial, no other court appearances are typically required. The trial will be held before a judge and usually takes fewer than 30 minutes to complete.

== B. Surrey, North Vancouver, Victoria, or Nanaimo ==

=== 1. Claims of $10,000 or Less ===

After a Notice of Claim is filed and the opposing party responds, a settlement conference will be scheduled unless the claim relates to a motor vehicle accident where only liability for property damage is disputed. The final step is a trial pursuant to Rule 10 of the ''SCR''.

=== 2. Claims Exceeding $10,000 ===

Any party to a proceeding where the amount of a claim, counterclaim, or third party notice exceeds $10,000 '''may''' initiate Rule 7.3 of the ''SCR'' which is mediation. Following mediation or if mediation is not initiated, a settlement conference will be scheduled unless the claim relates to a motor vehicle accident where only liability for property damage is disputed. The final step is a trial pursuant to Rule 10 of the ''SCR''.

== C. Other Registries ==

=== 1. Claims of $10,000 or Less ===

If the claim does not proceed by way of Simplified Trials (Rule 9.1) or if the claim does not proceed by way of Summary Trial for Financial Debt, a settlement conference will be scheduled unless the claim relates to a motor vehicle accident where only liability for property damage is disputed (''SCR'', Rule 7(2)(b)). If the claim relates to a motor vehicle accident where only liability for property damage is disputed, the registrar will set the claim for trial.

All parties must attend the settlement conference and must be prepared. If a settlement conference cannot be conducted properly because a party is not prepared for it, a judge may order that unprepared party to pay the reasonable expenses of the other parties (''SCR'', Rule 7(4), (5) & (6)). At a settlement conference, a judge may: (a) mediate any disputed issues; (b) decide on issues that do not require evidence; (c) make a payment order or other appropriate order in the terms agreed by the parties; (d) order that the claim be set for trial conference; (e) set at trial date if a trial is necessary; (f) order a party disclose documents and records; (g) if damage to property is involved in the dispute, order a party to permit a person chosen by another party to examine the property damage; (h) dismiss any claims; and (i) make any other orders (''SCR'', Rule 7(14)).

The final step is a trial pursuant to Rule 10.

=== 2. Claims Between $10,000 and $35,000 ===

Any party to a proceeding where the amount of a claim, counterclaim, or third party notice is between $10,000 and $35,000 may initiate Rule 7.3 of the ''SCR'' mediation by filing a “Notice to Mediate for Claims Between $10,000 and $35,000” (Form 29) and delivering a copy of that filed notice to every other party named on a notice of claim, reply or third party notice that has been filed in the proceeding.

If the parties do not reach an agreement at mediation on all issues, the registrar may set (a) a settlement conference (if a settlement conference has not been completed); (b) a trial (if a settlement conference has been completed); or (c) a trial conference (''SCR'', Rule 7.3(53)).

== D. Civil Resolution Tribunal ($5,000 or less) ==

The CRT is designed to facilitate dispute resolution in a way that is accessible, fast, economical and flexible. It relies heavily on electronic communication tools. It focuses on resolution by agreement of the parties first, and by the tribunal’s binding decisions if no agreement is reached.

Adjudicators will decide most cases by reviewing the evidence and arguments submitted through the tribunal’s online tools. Tribunal members may have their staff request additional evidence via email; however, this is rare. The tribunal member may order a telephone, video or face-to-face hearing if warranted by the circumstances. Again, this is rare, and if parties seek such hearing, they should request it during their case management. The tribunal can determine all matters relating to the tribunal decision process and, if at any time before or during the tribunal decision process, the tribunal decides that a dispute requires further facilitation, it can refer the dispute back to facilitation, and suspend the tribunal decision process until a facilitator refers the dispute back to the tribunal decision process.

The tribunal member also has the authority to refuse to resolve the dispute on the basis of jurisdiction, or for reasons outlined in section 11 of the ''Civil Resolution Tribunal Act''.

{{LSLAP Manual Navbox|type=chapters15-23}}

Small Claims Default Order (20:VII)

2026-10-11T18:52:53Z

Nate Russell: 2026 update

{{REVIEWED LSLAP | date= 16 July 2026}}
{{LSLAP Manual TOC|expanded = smallclaims}}

A default order is a court or tribunal decision that is available to apply for when the opposing party fails to respond to the dispute notice or Notice of Claim by the required date. However, it is good practice to take extra measures to ensure the opposing party is truly electing not to respond. Even if a default order is granted, the party in default generally has a low bar to meet when applying to cancel it.

== A. Civil Resolution Tribunal ==

A party named as a respondent to a dispute who fails to respond to a properly delivered Dispute Notice by the date shown on the notice is in default. If every respondent is in default, an applicant may request a default decision and order from the tribunal by:

:(a) providing a completed Request for Default Decision and Order form together with supporting evidence of dispute-related expenses and the value of non-debt claims,
:(b) if the applicant served the Dispute Notice, providing a completed Proof of Notice Form, and
:(c) paying the required fee to request a default decision and order.

If the applicant’s claim is for something other than debt, they will need to provide evidence to support their requested remedy. An applicant must request a default decision within 21 days of being requested to do so, or the tribunal may dismiss or refuse to resolve the application.

=== 1. Requesting Cancellation of a Default Order ===

If the party in default seeks to cancel the default order, they may request the cancellation of a default order by

:(a) completing and submitting the Request for Cancellation of Final Decision or Dismissal Form,
:(b) providing a completed Dispute Response Form if one has not already been provided to the tribunal,
:(c) providing evidence to support their request,
:(d) paying the required fee, and
:(e) following any other directions provided by the tribunal.

The tribunal will consider several factors when deciding whether to cancel a default order. In reviewing the request for cancellation, a tribunal member will consider whether

* the requesting party’s failure to respond to the Dispute Notice or to comply with the Act, rules or regulations was willful or deliberate,
* the request was made as soon as reasonably possible after the requesting party learned about the decision and order, and
* the Dispute Response Form shows a defence that has merit or is at least worth investigating, in the case of a default decision (''[https://civilresolutionbc.ca/wp-content/uploads/CRT-Standard-Rules-effective-February-1-2026.pdf Civil Resolution Tribunal Rules]'' Rule 10.2).

The requesting party has the burden to provide sufficient evidence on the factors above (see [[Responding_to_a_Small_Claim_(20:VI)|'''Section VI.D: Defences''']]).

== B. Small Claims Court ==

If a defendant chooses not to defend a claim, the claimant wins by default. Evidence of the defendant’s choice not to defend the claim can include the defendant’s failure to file a Reply.

A claimant should not rush to the registry to file an Application for Default Order. Sometimes, a defendant may have a good reason for not filing a Reply on time and may have a defence to the claim that the court wishes to explore. In these circumstances, the court will set aside the default order and the claim will proceed in the ordinary course. A default order should only be used where the defendant has truly elected not to defend against the claim.

Where a defendant has not filed a Reply on time, it is a good idea to contact the defendant to determine why the Reply was not filed and to advise the defendant that a default order will be obtained if a Reply is not filed.

A default order can also be obtained if a defendant does not attend a mediation session (''SCR'', Rules 7.3(40)). If the defendant does not attend a settlement conference (''SCR'', Rule 7(17)), trial conference (''SCR'', Rule 7.5(17)), or trial (''SCR'', Rules 9.1(26), 9.2(11), and 10(9)). The judge or justice of the peace may grant a payment order instead of the claimant having to apply for a default order.

=== 1. Requesting a Default Order ===

Unless the defendant was served outside of British Columbia or the court has otherwise ordered, a defendant has fourteen full days to file a Reply. This does not include the date the Notice of Claim was served and the date that the Application for Default Order is filed (''SCR'', Rule 17(10)).

To apply for a default order, the claimant must file Form 5 and pay a $25.00 fee. A certificate of service (Form 4) confirming service of the Notice of Claim and blank Reply form must also be in the file (''SCR'', Rule 6(3)). The claimant can ask the court to add the $25.00 fee plus reasonable expenses to the amount of the default judgment.

If the claim is for a specific amount of debt, the registrar will grant a default order for the amount claimed plus expenses and interest (''SCR'', Rule 6(4)). If the claim is for anything other than a specific amount of debt, the registrar will schedule a hearing before a judge (''SCR'', Rule 6(5)). Once a hearing has been set, the defendant cannot file a Reply without a judge’s permission (''SCR'', Rule 6(8)). If another defendant to the claim has filed a Reply and a date has been set for either a settlement conference, trial conference, or trial, the hearing will be held on that date (''SCR'', Rule 6(6)). A defendant who has not filed a reply is not entitled to notice of the hearing date (''SCR'', Rule 6(7)).

At a hearing, a default order is not automatic. The claimant must give evidence and produce documents to prove the amount owing as well as convince the court that the default order should be granted (''SCR'', Rule 6(9)). The claimant must file all documents that they wish to rely on at the hearing at the court registry with a supporting materials cover sheet (Form 39) at least two business days prior to the hearing date (''SCR'', Rule 6(5.1)).

=== 2. Setting Aside Default Orders and Reinstating Claims ===

If a party obtains a default order or a hearing for assessment of damages is scheduled, the party in default can apply to a judge to set aside the default order (''SCR'', Rules 16(6)(j) and 17(2)) and file a Reply (''SCR'', Rule 16(6)(d)). The party in default must file the application as soon as possible upon learning of the default order and attach to the application an affidavit containing:

* a reasonable explanation for not filing a Reply (or failing to attend a mediation session, trial conference, or trial);
* a reasonable explanation of any delay in filing the application;
* the facts supporting the claim, counterclaim, or defence; and
* why permitting the order would be in the interests of justice (''SCR'', Rule 17(2)(b); ''Miracle Feeds v D. & H. Enterprises Ltd.'', [1979] 10 BCLR 58 (Co. Ct.) [Miracle Feeds]; ''[http://canlii.ca/t/gk0z0 Nichol v Nichol]'', 2015 BCCA 278).

The party in default must show that:

* the failure to file a Reply (or failure to attend a mediation session) was not wilful, deliberate or blameworthy ''(Miracle Feeds'', supra; ''[http://canlii.ca/t/1zt5x Hubbard v Acheson]'', 2008 BCSC 970; ''[http://canlii.ca/t/20rz1 McEvoy v McEachnie]'', 2008 BCSC 1273; ''[http://canlii.ca/t/213m6 Anderson v T.D. Bank]'', 70 BCLR 267 (BC CA); ''[http://canlii.ca/t/24c11 Doyle v Lunny Design and Production Group Inc.]'', 2009 BCSC 925; and ''[http://canlii.ca/t/1d43b Innovest Development Corp. (Receiver of) v Lim]'', 1999 CanLII 5356 (BCSC));
* the application to set aside the default order was made as soon as reasonably possible after obtaining knowledge of the default order (''[http://canlii.ca/t/23whc Camnex Marketing Inc. v Aberdeen Financial Group]'', 2009 BCSC 763);
* if there has been a delay in applying to set aside the default order, an explanation for the delay; and
* if the party in default is the defendant, there is a defence that is not bound to fail.

Where the party in default is a defendant who has not filed a Reply, the defendant should also bring copies of the Reply and be prepared to file them immediately if the judge grants permission.

If the default order is cancelled, the party who obtained it may ask the court to award reasonable expenses that relate to the cancellation. These expenses may include the cost of filing the application for default order, significant travelling expenses, and lost wages that were incurred only as a result of the cancellation.

{{LSLAP Manual Navbox|type=chapters15-23}}

Responding to a Small Claim (20:VI)

2026-10-09T21:05:08Z

Nate Russell: 2026 update

{{REVIEWED LSLAP | date= 16 July 2026}}
{{LSLAP Manual TOC|expanded = smallclaims}}
If a party is responding to a claim over $5,000, proceed to '''Section VI.B.: Possible Strategies'''.

== A. Civil Resolution Tribunal ==

A respondent who receives a Dispute Notice must within 14 days of receiving it (or if notice was provided outside British Columbia within 30 days) complete a Dispute Response Form and provide the Dispute Response Form to the tribunal. CRT forms can be accessed on their website at https://civilresolutionbc.ca/resources/forms/.

A party named as a respondent to a dispute who fails to respond to a properly delivered Dispute Notice by the date shown on the notice is in default. If every respondent is in default, an applicant may request a default decision and order from the tribunal. However, if there are multiple respondents and only one respondent is in default, the entire dispute is assigned to a tribunal member, unless it is otherwise settled in the facilitation process. See [[Small_Claims_Default_Order_(20:VII)|Section VII: Default Order]] for more information

However, if a respondent requires more time to respond, they can request an extension from the tribunal before the deadline to respond (''CRTR'', Rule 3.1(2)).

== B. Possible Strategies ==

=== 1. Notify Insurance Company ===

Many insurance policies cover more liabilities than their description would suggest. For example, many homeowner and tenant policies cover claims for damages or injuries arising from acts or omissions by the insured anywhere in the world. An example would be accidentally tripping a person who falls and breaks their hip. These policies also tend to include most people in the household including young children and foster children.

There are many exclusions and limitations but it is always best to let the insurer know about a claim against you. If the insurer will defend you, the insurer will bear the costs of your defence and possibly pay any damages that are awarded.

:'''Note''': It is important to contact the insurer as soon as possible and to not make any admissions that might jeopardize a defence. Failing to promptly notify the insurer, admitting liability, or taking steps in the claim may permit the insurer to deny coverage.

=== 2. Apologising ===

Many lawsuits arise or continue because a wrongdoer has not apologized to the party who was wronged. In BC, a person may apologize for a wrongful act or failure to act without the apology becoming an admission of liability (''Apology Act'', SBC 2006, c 19, 2(1) and (2)). A sincere apology can often avert litigation or form an important foundation for a settlement. Under the act, such an apology may include words that admit or imply an admission of fault.

'''Admissions of fact''': however, at common law, the courts and CRT have drawn a distinction between apologies covered by the the ''Apology Act'', (admissions of fault or liability) and those that include admissions of fact. The courts have found that factual admissions (“''I am sorry, I was looking at my phone while driving''”) can be considered by decision makers. Explanatory statements that accompany apologies such as “ ''I was in a hurry''” or “''I was angry''” go beyond admissions of fault excluded by the ''Apology Act'' and may be accepted into evidence (''Schnipper v. Nadeau'', 2022 BCCRT 173)

=== 3. Option to Pay all or Part ===

If a defendant pays the entire amount of the claim directly to the claimant, the defendant need not file a Reply (''SCR'', Rule 3(1)(a)). The defendant should retain a receipt as proof of payment and request that the claimant withdraws the claim. Only the claimant may withdraw a claim and, if a withdrawal is filed, all parties who were served with the Notice of Claim must be served with a copy of the withdrawal.

When considering this option, a defendant should be aware of other possible problems aside from the lawsuit. For example, if the claimant has placed derogatory information on the defendant’s credit file, the defendant should ask the claimant to remove this negative information as part of the settlement. If the claimant is unwilling to remove the information, the defendant may still settle the claim but may find it difficult or impossible to remove the information from the credit file. The process for removing incorrect information from a person’s credit file is outside the scope of this guide.

In Small Claims Court, if the entire claim is admitted but the defendant requires time to pay or only part of a claim is admitted (''SCR'', Rule 3(1)(b) or (c)), the defendant must file a reply form but may also propose a payment schedule for what is admitted. The payment schedule must detail how the amount will be paid back. The Registrar can order the proposed payment schedule if the claimant consents to it (''SCR'', Rule 11(10)(b)). If the claimant does not consent to the proposal or no payment schedule is proposed, the claimant may summon the defendant to a payment hearing (see [[Enforcement_of_a_Small_Claims_Judgment_(20:XVII)|Section XVII: Enforcing a Judgment]]). Similarly, at the CRT the defendant may file a response admitting the claim which the applicant can enforce through Small Claims Court.

=== 4. Option to Oppose all or Part ===

A defendant who opposes all or part of the claim (''SCR'', Rule 3(1)(d)) must file a Reply form detailing what is admitted, what is opposed, or what is outside the defendant’s knowledge. The reply should list reasons for any parts that are opposed. A defendant should avoid a general denial of the entire claim; a detailed examination of each element of the claim and why the defendant thinks it is wrong is much more persuasive.

Before deciding to oppose a claim, a defendant should ensure that there is a legal defence to the claim. A penalty can apply if a defendant proceeds through trial with a Reply that is bound to fail (''SCR'', Rule 20(5)).

=== 5. Counterclaim ===

If the defendant wants the court to order something other than a dismissal of the claimant’s claim, the defendant will need a counterclaim. A counterclaim means that, in addition to the defendant disputing the claim, the defendant seeks to sue the claimant. A defendant may file a counterclaim whether they agree or disagree with all or a part of the claim (''SCR'', Rule 4(1)). Counterclaims are claims filed by the defendant against the applicant; they are generally based on the same underlying facts as the applicant’s claim. A defendant who wishes to counterclaim should review '''Section III: Do You Have a Claim?''' and [[Choosing_the_Proper_Forum_for_Small_Claims_(20:IV)|Section IV: Choosing the Proper Forum]]. A counterclaim is essentially a Notice of Claim but in a different form. A counterclaim must have a legal basis; there are penalties for proceeding to trial if there is no reasonable basis for success (''SCR'', Rule 20(5)).

Although a defendant can start a separate claim either in Small Claims Court or another forum instead of counterclaiming, if the parties and witnesses are the same and the claim falls within the Small Claims Court jurisdiction, it is preferable that the defendant file a counterclaim so that both matters are heard together. If the defendant has commenced an action in a different forum, this should be mentioned in the Reply (see https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/small-claims/scl002.pdf)

A counterclaim is made on the Reply form by following the instructions and paying the required fee. The fee for a counterclaim is the same as the fee for a Notice of Claim and is eligible for a fee waiver. For more information about making a counterclaim, refer to Guide #2 - Making a claim for proceedings initiated in small claims court (https://www2.gov.bc.ca/gov/content/justice/courthouse-services/small-claims/how-to-guides/making-a-claim) and Guide #3 - Making a claim for proceedings previously initiated before Civil Resolution Tribunal (https://www2.gov.bc.ca/gov/content/justice/courthouse-services/small-claims/how-to-guides/making-a-claim-crt).

The relationship between a counterclaim and a set-off should be noted. A counterclaim is a standalone claim and it is possible for a defendant to succeed on a counterclaim even when the claimant has been unsuccessful on the primary claim. A set-off, on the other hand, is a defence. If the defendant is successful, a set-off will reduce the amount payable to the claimant. In other words, the amount that the defendant claims the claimant owes them is subtracted from any damages claimed by the claimant. If the claimant is unsuccessful, the set-off defence does not apply; the defendant is not awarded the amount of the set-off. For more information about set-offs see: ''[https://canlii.ca/t/27vgj Jamieson v. Loureiro]'', 2010 BCCA 52.

==== a) Filing and Service ====

As the counterclaim is on the reply form, it must be filed at the same time as the Reply (''SCR'', Rule 4(1) and (2)), within the time allowed for filing a Reply (''SCR'', Rule 3(4)), and at the registry where the notice of claim was filed (''SCR'', Rule 3(3)).

The registry will serve the claimant with the reply and counterclaim within 21 days of it being filed (''SCR'', Rules 3(5) and 4(2)).

==== b) Replying to a Counterclaim ====

Once served, the claimant (now a defendant by counterclaim) must follow the same rules as replying to a Notice of Claim (''SCR'', Rule 5(7)). The claimant should review this section of the guide in its entirety.

=== 6. Counterclaims through the Civil Resolution Tribunal ===

Once served, the applicant (now a respondent by counterclaim) must follow the same rules as replying to a Dispute Notice (''SCR'', Rule 1.1(32) and (33)). The applicant should review this section of the guide in its entirety.

Unless the tribunal directs otherwise, within 30 days of providing the Dispute Response Form to the tribunal (which must be received within 14 days of receiving the initial claim), a respondent can request a “counterclaim” by:

* indicating in a completed Dispute Response Form that the respondent will add at least one claim in the dispute;
* completing an Additional Claim Form;
* providing the Additional Claim Form to the tribunal; and
* paying the required fee to add a claim (see [[Civil_Resolution_Tribunal_Fees_(20:App_I)|Appendix I: Civil Resolution Tribunal Fees]]). Note: a counterclaim is not necessary if the respondent is only claiming fees and dispute-related expenses; a respondent may claim fees and dispute-related expenses in the tribunal decision process.

If a counterclaimant wishes to apply for a fee waiver, they must still submit the rest of their substantive counterclaim on time.

=== 7. Third Party ===

If the defendant who has filed a Reply believes that a person or legal entity other than the claimant should pay all or part of the claim, they may make a claim against that other party by completing a Third Party Notice. Find Form 3 at https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/small-claims-forms. If a settlement conference, mediation session, or a trial conference has not been held, leave of the court is not required (''SCR'', Rule 5(1)(a)). If any of these have been held, the defendant must apply to the court for an order permitting the counterclaim to be filed against the third party (''SCR'', Rule 5(1)(b)).

A third-party claim is different from a claim against the incorrect defendant. A third party claim is made when a defendant believes that a third party should reimburse them if they are found to be liable to the claimant. For example, if a defendant is sued for a credit card debt, the defendant may request that the third-party, the cardholder who actually spent the money, gives rise to the debt.

A defendant who wishes to issue a third party notice should review '''Section III. Do You Have A Claim?''' and [[Choosing_the_Proper_Forum_for_Small_Claims_(20:IV)|Section IV. Choosing The Proper Forum]]. A third-party claim is essentially a Notice of Claim but in a different form. A third party claim must have a legal basis and there are penalties for proceeding to trial if there is no reasonable basis for success.

==== a) Filing and Service ====

To start a third-party claim, the defendant must complete Form 3 and file it in the same registry where the Notice of Claim was filed (''SCR'', Rule 5(2)). The defendant must serve the third party with a copy of the filed Form 3, a blank Reply form, a copy of the Notice of Claim, a copy of the Reply to the Notice of Claim, and all of the documents and notices the other party would have received (''SCR'', Rule 5(3)); all of these documents are to be served in the same manner as serving a Notice of Claim (SCR, Rule 5(4)). A defendant has only 30 days after filing to serve the third party and file a certificate of service at the registry (''SCR'', Rule 5(5)); find Form 4 at https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/small-claims-forms. If the third party is not served and the certificate of service is not filed within '''30 days''', the third party notice expires but can be renewed (''SCR'', Rule 5(5.1)).

The registry will serve the claimant with the third party notice within 21 days of its being filed (''SCR'', Rule 5(6)).

==== b) Replying to a Third Party Notice ====

Once served, a third party must follow the same rules as replying to a Notice of Claim (''SCR'', Rule 5(7)). The third-party should review this section of the guide in its entirety.

==== c) Adding a Third Party through the Civil Resolution Tribunal ====

A respondent who believes another person is responsible for a claim can request resolution of the claim against that other person, often referred to as a “third party claim” by:
:(i) indicating in a completed Dispute Response Form that the respondent will apply for dispute resolution against the other person,
:(ii) completing an Additional Claim Form identifying the other person and describing any claims against that person,
:(iii) providing the Additional Claim Form to the tribunal, and
:(iv) paying the required fee to add a claim (see [[Civil_Resolution_Tribunal_Fees_(20:App_I)|Appendix I: Civil Resolution Tribunal Fees]]).

A respondent who adds an additional party to a claim must complete the steps for applying for CRT Dispute Resolution, except the time frame for providing notice to the other person is 30 days instead of 90 days, and the original Dispute Notice and any responses must be provided along with the Dispute Notice for the additional claims.

== C. Time Limits ==

Unless a defendant pays the amount of the claim directly to the claimant and asks the claimant to withdraw the claim (''Small Claims Rules, supra'', Rule 3(1)(a)), the defendant must file a Reply within the required time limit. '''Failure to file a Reply may result in the claimant obtaining a Default Order.'''

The time limits for filing a Reply are generally the same whether the defendant is:

*a defendant served with a Notice of Claim (''SCR'', Rule 3(4));
*the claimant served with a counterclaim (''SCR'', Rule 4(3.1)(b)); or
*a third party served with a third party notice (''SCR'', Rule 5(7)).

If the defendant was served inside British Columbia, a Reply must be filed within '''14 days after service''' (''SCR'', Rule 3(4)). If the defendant was served outside British Columbia, a Reply must be filed within '''30 days after service''' (''SCR'', Rule 3(4)). The one exception is where the claimant is served with a counterclaim. The claimant is required to file a Reply within 14 days after service even if the claimant is served outside British Columbia.

== D. Defences ==

For every cause of action, there is usually at least one possible defence. Some of the more common defences are listed here however a defendant should research the claimant’s cause of action or obtain legal advice to determine which defences might be applicable.

=== 1. Common Defences ===

==== a) Contributory Negligence ====

Where a claimant was careless and this carelessness contributed to the damages suffered, a defendant might plead the defence of contributory negligence. An example is where a claimant tripped over a bag that was carelessly left in a walkway. The defendant may be liable but the claimant may have been contributorily negligent for failing to keep watch for obstacles.

A defendant who believes that the claimant was partially at fault should state in the reply: “The defendant pleads and relies upon the Negligence Act” (''Negligence Act'', RSBC 1996, c 333). Each party is liable to the degree that they are at fault; where degrees of fault cannot be determined, liability is apportioned equally (s 1(2)).

==== b) Consent ====

Where, by express or implied agreement, a claimant knew of and understood the risk they were incurring and voluntarily assumed that risk, the defendant will not be liable. Because voluntary assumption of risk is a complete defence, it is very difficult to prove.

==== c) Criminality ====

Where a claimant stands to profit from criminal behaviour or compensation would amount to an avoidance or disavowal of a criminal sanction, the claimant cannot recover damages (''[http://canlii.ca/t/1fs4g Hall v Hebert]'', [1993<nowiki>]</nowiki> 2 SCR 159; ''[http://canlii.ca/t/1vmgv British Columbia v Zastowny]'', [2008<nowiki>]</nowiki> 1 SCR 27). This is narrowly construed and a claimant should read ''[http://canlii.ca/t/1vmgv Hall v Hebert]'' before relying upon it.

==== d) Inevitable Accident ====

If the defendant can show that the accident could not have been prevented even if the defendant had exercised reasonable care, the defendant cannot be liable (''[http://canlii.ca/t/1tvmf Rintoul v X-Ray and Radium Industries Ltd.]'', [1956<nowiki>]</nowiki> SCR 674). For this defence to apply, the defendant must have had no control over whatever occurred and its effect could not have been avoided even with the best effort and skill.

==== e) Illegality ====

If the claimant is suing on a contract that is illegal (i.e., it calls for a criminal interest rate), the defendant may ask the court to decline to enforce the illegal provision or possibly the entire contract. Depending on the circumstances, the court may consider modifying the contract to remove the illegality. Approaches taken by the courts to “severability” differ both by province and by the nature of the contract; for example, an employment contract, in particular one that is in breach of the Employment Standards Act, may be construed differently than a commercial contract between corporate parties.

==== f) Self Defence ====

If the defendant honestly and reasonably believed that an assault or battery was imminent and used reasonable force to repel or prevent the assault or battery, the defendant may not be liable for any injuries or damage suffered by the claimant as a result (''[http://canlii.ca/t/1fsx3 R. v Lavallee]'', [1990<nowiki>]</nowiki> 1 SCR 852; ''[http://canlii.ca/t/gwf9z Wackett v Calder]'', [1965<nowiki>]</nowiki> 51 D.L.R. (2d) 598; ''Brown v Wilson,'' [1975] BCJ No. 1177; ''R v Beckford'', [1987] All ER 425).

==== g) Defence of Third Parties ====

The same general rules apply as for self-defence provided that the use of force is reasonable (''[http://canlii.ca/t/g1905 Gambriell v Caparelli]'', [1974<nowiki>]</nowiki> 54 D.L.R. (3d) 661).

==== h) Mitigation ====
A claimant who alleges to have suffered harm has a duty to take reasonable actions to minimize their losses. This applies, for instance, if the claimant was injured in a personal injury matter or if the claimant suffered harm from a breach of contract. The defendant bears the onus of proving on a balance of probabilities that the claimant did not mitigate their losses. If it is found that the claimant did not take reasonable steps to minimize their losses, such as seeking medical care to assist with their injuries in a personal injury action, then the damages payable to the claimant may be reduced.

== E. Filing a Reply ==

The Reply must be filed in the same registry where the Notice of Claim was filed (''SCR'', Rule 3(3)). There is a filing fee except where the defendant admits and agrees to pay the entire claim or obtains a fee waiver.

Generally, a Reply cannot be filed late however, in practice, the registry may allow a Reply to be filed late as long as the registrar has not made a default order or set a date for a hearing (''SCR'', Rule 3(4)(b)).

== F. Serving a Reply ==

The registry will serve the Reply and Counterclaim, if any, on each of the other parties within 21 days (''SCR'', Rules 3(5) and 5(6)).

{{LSLAP Manual Navbox|type=chapters15-23}}

Starting a Small Claim (20:V)

2026-10-09T21:02:32Z

Nate Russell: 2026 update

{{REVIEWED LSLAP | date= 16 July 2026}}
{{LSLAP Manual TOC|expanded = smallclaims}}

== A. Pronouns ==

Both the BC Supreme Court (“BCSC”) and BC Provincial Court (“BCPC”) have issued practice directives regarding the form of address for parties and counsel in proceedings, effective December 16, 2020. The changes support a shift in professional practice towards asking all people how they should be respectfully addressed. A link to the BCSC practice direction can be found here: [https://www.bccourts.ca/supreme_court/practice_and_procedure/civil_practice_directions.aspx BCSC Practice Directions]. A link to the PCSC practice direction can be found here: [https://provincialcourt.bc.ca/system/files/Notice-24.pdf NP 24: Form of Address for Parties and Lawyers]. For example, at the beginning of any in-person or virtual proceeding, when parties are introducing themselves, or lawyers are introducing themselves, their client, witness, or another individual, they should provide the judge or justice with each person’s name, title (e.g. “Mr./Ms./Mx./Counsel Jones”) and pronouns to be used in the proceeding. If a party or counsel do not provide this information in their introduction, they will be prompted by a court clerk to provide this information.

At the CRT, the staff follows similar procedure by asking all parties to identify their pronouns and form of address (e.g. “Mr./Ms./Mx./Counsel Jones”). The CRT works with LGBTQ+ organizations to ensure that it approaches this issue in a respectful and inclusive way that is free of assumptions. If a party does not provide this information, the CRT will default to gender neutral forms of address.

== B. Settlement Letter ==

The fastest and least expensive way to resolve a dispute is to tell the other person what you are claiming from them and why you are claiming it. If the other person agrees with the amount or responds in a manner that leads to a settlement, both parties will save the time, effort, expense, and uncertainty of a lawsuit.

Good faith attempts to settle may involve concessions and admissions of liability. For example, a claimant may offer to settle for less than the claim to account for the cost, time investment, and risk of going to trial. A defendant, for example, may admit liability but dispute the amount owed. Whenever parties can agree on certain points, the likelihood of settlement increases.

Because of the strong public interest in settlement, these bona fide settlement attempts are protected by settlement privilege. This means that, if the matter is not settled, any admissions during negotiations cannot be used against the party who made them (''[https://decisions.civilresolutionbc.ca/crt/crtd/en/item/511807/index.do Boles v. Harrison]'', 2021 BCCRT 906). It is prudent to include the words “WITHOUT PREJUDICE” in correspondence involving bona fide attempts to settle to indicate that the party sending the document wishes to rely on settlement privilege; settlement privilege will still apply, however, even if “WITHOUT PREJUDICE” is not included.

Settlement letters should be brief, factual, and clearly state the amount claimed even if that amount exceeds $35,000. Settlement letters should have a courteous tone as a letter that invokes a hostile reaction from the recipient will be counterproductive. A party writing a settlement letter should never threaten criminal or regulatory penalties; '''extortion is a criminal offence'''. If a settlement between the two parties is not successful, then you may consider drafting a notice of claim.

== C. Identifying the Defendant(s) ==

If a settlement letter is unsuccessful, parties will be required to file a Notice of Claim through Small Claims Court if the claim is for between $5,001 and $35,000; see Section V.G.: Drafting the Notice of Claim. If the amount claimed is $5,000 or less, a party will apply for CRT dispute resolution; see Section V.E: Civil Resolution Tribunal.

When drafting a Notice of Claim and throughout the litigation process, it is important to stick to the '''relevant''' facts. Court is not a forum for airing grievances that do not give rise to a claim. For example, in a claim for breach of contract, the fact that the defendant acted rudely is generally not relevant to the claim. Including irrelevant facts confuses the issues, wastes time, raises tensions, and makes it more difficult to successfully prove the claim. A good rule to follow for each type of claim is to include '''only the facts necessary''' to satisfy the legal test for that type of claim; brief is better.

It is important to make your cause of action (i.e., negligence, breach of contract, etc.), type of damages, and amount of damages very clear. Do not let the judge guess what you want.

=== 1. Suing a Business ===

==== a) Corporation ====

A corporation is a legal entity that is separate from its shareholders and employees. It is identified by a corporate designation such as Incorporated, Limited, Corporation, their abbreviations Inc., Ltd., or Corp., or their French equivalent following the business name.

A corporation can enter into contracts and can sue or be sued. Generally speaking, a corporation’s shareholders, officers, directors, and employees are not liable for the actions or liabilities of the corporation or their own actions while acting within the scope of their office or employment. A person who feels that a shareholder, director, officer, or employee of a corporation might be liable should obtain legal advice.

Corporations may be either provincially or federally incorporated. A federal company is incorporated under the ''Canada Business Corporations Act'', RSC 1985, c. C-44 [CBCA]. A BC corporation is incorporated under the ''Business Corporations Act'', SBC 2002, c 57 [BCBCA]. Corporations may also be registered under the laws of the other provinces and territories.

Because a corporation can have multiple locations, every corporation, including non-BCBCA corporations, doing business in BC must provide an address where it can be served with notices of claim and other important documents.

To sue a corporation, a claimant must perform a company search to obtain the registered name and address for the defendant corporation (''SCR'', Rule 1(2.1); and Rule 5(2.1)). The corporation’s registered name and address must be the ones on the notice of claim form and a corporate search must be included when filing the notice of claim. See [[Governing Legislation and Resources for Small Claims (20:II)#4. Other Resources|Section II.4: Other Resources]] for how to complete a company search.

==== b) Partnership ====

A partnership can exist between one or more persons and is governed by the ''Partnership Act'', RSBC 1996, c 348 [PA].

The rules for determining whether a partnership exists are set out in s 4 of the PA. Generally speaking, all partners are personally liable for the debts of the business: s 7 of the PA. As it is often impossible to tell whether a business is a partnership or a sole proprietorship from the name alone, a claimant should perform a company search to learn the true structure of the business as well as the name and address of each partner.

The proper way to list each partner on the notice of claim is:

:Jane Doe d.b.a. XYZ Partnership

:John Doe d.b.a. XYZ Partnership

:ABC Company Ltd. d.b.a. XYZ Partnership

:'''NOTE:''' “d.b.a.” stands for “doing business as”

:'''NOTE:''' One should be careful to not confuse partnerships with limited partnerships (LP) or limited liability partnerships (LLP).

==== c) Sole Proprietorship ====

A sole proprietorship allows a single person to do business under a business name. Sole proprietorships are registered under Part 4 of the PA. A sole proprietor is personally responsible for the debts of the business.

As it is impossible to tell whether a business is a partnership or a sole proprietorship from the name alone, a claimant should perform a company search to learn the true structure of the business as well as the name and address of the proprietor.

The proper way to list a sole proprietor on the notice of claim is:

:Jane Doe d.b.a. XYZ Company

:John Doe d.b.a. XYZ Company

:ABC Company Ltd. d.b.a. XYZ Company

:'''NOTE:''' “d.b.a.” stands for “doing business as”

==== d) Other ====

For other forms of businesses such as limited partnerships (LP), limited liability partnerships (LLP), and unlimited liability corporations (ULC), legal advice is recommended.

=== 2. Suing a Person over 19 Years Old ===

Do not use titles such as Mr., Mrs. or Ms. Use full names, not initials (i.e., “Dr. D. Smith” should be “Doris Smith”). Claimants may sue more than one defendant if the claim against each defendant is related. Divide the “To” space in half and use one half for the name and address of each defendant; alternatively, the notice of claim filing assistant makes it convenient to add multiple defendants (see https://justice.gov.bc.ca/FilingAssistant/).

=== 3. Suing a Society ===

A society is a type of not-for-profit corporation registered pursuant to the ''Societies Act'', SBC 2015, c 18. The procedure and principles for suing a society are the same as for corporations. A company search is required to ascertain the society’s registered address (''SCR'', Rule 1(2.2) and Rule 5(2.2)).

=== 4. Suing I.C.B.C. ===
The legal name of ICBC is the Insurance Corporation of British Columbia. It is a special type of corporation and the usual corporate designation such as Inc. is not required.

=== 5. Suing the Government ===

==== a) Federal Government ====

The federal government should be named as either “Attorney General of Canada” or “Her Majesty in right of Canada”. If an agency of the Crown is to be sued and '''if a federal Act permits''', the agency may be sued in the name of that agency; see ''Crown Liability and Proceedings Act'', RSC 1985, c C-50, s 23(1); ''[http://canlii.ca/t/1f4rl Goodhead v Law Society (British Columbia)]'', [1997<nowiki>]</nowiki> BCJ No. 1779 (BCSC).

==== b) Provincial ====

The provincial government should be named as “Her Majesty the Queen in right of the Province of British Columbia” (''Crown Proceeding Act'', RSBC 1996, c 89, s 7).

It should be noted that the CRT cannot resolve disputes where the claim is against the government or the government is a party to the dispute. [[Choosing_the_Proper_Forum_for_Small_Claims_(20:IV)|See Section IV.C.: Civil Resolution Tribunal]] for more information on the jurisdiction of the CRT.

=== 6. Suing the Police ===

The “Royal Canadian Mounted Police” is not a legal entity that can sue or be sued (''[http://canlii.ca/t/1dtx9 Dixon v Deacon Morgan McEwen Easson]'', [1990<nowiki>]</nowiki> B.C.J. No. 1043 (BCSC). A claimant who wishes to sue for damages arising from the conduct of a police officer should sue the Minister of Public Safety and Solicitor General. The individual police officer and the Attorney General of Canada may be named in cases alleging gross negligence or wilful misconduct on the part of the police officer (''[http://canlii.ca/t/28lkh Amezcua v Taylor]'', 2010 BCCA 128; ''[http://canlii.ca/t/1jsn7 Roy v British Columbia (Attorney General)]'', 2005 BCCA 88). The Minister of Public Safety and Solicitor General is the proper defendant in a civil action involving the RCMP or RCMP members as of Dec 11, 2015 (''Order of the Lieutenant Governor in Council'', No. 762/2015).

RCMP officers are immune from liability for anything done in the performance of their duty except where the officer has been guilty of dishonesty, gross negligence, or malicious or wilful misconduct, or the cause of action is libel or slander. See ''Police Act'', RSC 1996, c327, s 11 and s 21; ''Crown Liability and Proceedings Act'', RSC 1985, c. C-50, s 3 and s 10; ''[http://canlii.ca/t/g6ts5 Acumar Consulting Engineers Ltd. v The Association of Professional Engineers and Geoscientists of British Columbia (APEGBC)]'', 2014 BCSC 814 at para 49.

A claimant who is suing a municipal police force should sue the individual police officers as well as the municipality employing the police officers.

=== 7. Suing a Municipality ===

Municipalities are special corporations. A claimant should search the BC Gazette to obtain the legal name of the municipality.

It is critical that a claimant provide written notice to the city within ''two months'' of the time, place, and manner in which the damage has been sustained. As well, all legal actions must be commenced within 6 months after the cause of action first arose (''Local Government Act'', RSBC 2005, c 1, s 735, s 736). For more information, please see '''Chapter 5: Public Complaints'''.

=== 8. Suing a Young or Mentally Incompetent Person ===

A minor, also called an infant, is a person who is under 19 years of age at the time the claim is filed. Mentally incompetent persons, as well as minors, are persons with a legal disability. When suing such persons, the following rules of the ''Supreme Court Civil Rules'', BC Reg 168/2009 [SCCR] apply:

*Rule 4-3 (2)(f) for serving documents by personal service;
*Rule 7-2 (9) for examination of mentally incompetent persons for discovery
*Rule 12-5 (50) for evidence from examinations for discovery for mentally incompetent persons
*Rule 20-2(8) for the lawyer for a person under disability
*Rule 20-2(10) if a party to a proceeding becomes a mentally incompetent person
*Rule 25-2 (10) and (11) when delivering notice of applying for an estate grant or for the resealing of a foreign grant in relation to the estate.

Persons with a legal disability must be represented by a litigation guardian (''Supreme Court Civil Rules'', BC Reg 168/2009, Rule 20-2(2)). With some limitations, a litigation guardian can be any person ages 19 years or older who is ordinarily resident in British Columbia. The litigation guardian must complete and submit the Litigation Guardian form (''CRT Rules'', Rule 1.13(2)).

If the claim involves personal injury, SCCR Rule 20-2(4) applies and requires that the litigation guardian act by a lawyer unless the litigation guardian is the Public Guardian and Trustee.

A party cannot take a step in default against a person with a legal disability without the court’s permission. A settlement with a party under a legal disability is not binding unless the court approves it.

=== 9. Suing an Insurance Company other than ICBC ===

Claims against insurers for coverage can be complicated. A claimant should be aware that claims against insurers may have a shorter limitation period. A claimant should research the law surrounding an insurer’s duty to defend, and an insurer’s duty to indemnify.

=== 10. Suing an Unknown Person ===

If a claimant does not know the identity of one or more parties, the claimant can still file a claim using a misnomer. For example, the claimant would list the unidentified defendant as either John Doe or Jane Doe as the case may be. If there are multiple unknown parties, the claimant could add a number to each misnomer (e.g., John Doe 1; John Doe 2). Misnomer also applies to unknown companies.

A claimant should research the law surrounding misnomer and ensure that both the unidentified party and its actions are described in as much detail as possible.

If the party is unknown because of a motor vehicle hit and run, the claimant may sue ICBC as a nominal defendant.

== D. Can the Defendant(s) Pay? ==

One cannot squeeze blood from a stone. If a defendant has insignificant assets or income, the defendant may have no means to pay a judgment; such a person is “judgment-proof” and a claimant with an uncollectible judgment is said to be holding an “empty judgment”. A claimant should consider whether it is worth the time, expense, and stress of suing a judgment-proof defendant.

A judgment is enforceable for ten years after it is issued (''Limitation Act'', RSBC 1996, c 266, s 7; ''Limitation Act'', SBC 2012, c 13, s 7). After this time, unless it is renewed, the judgment expires and becomes uncollectible. On some occasions, a previously judgment-proof defendant will “come into money” by receiving an inheritance or winning the lottery. This is a rare occurrence and a claimant must invest time and effort to monitor the defendant’s circumstances over the ten years that the judgment is enforceable. A more common change in a judgment-proof defendant’s circumstances is the defendant securing a higher-paying job.

A claimant should also consider the likelihood of the defendant going bankrupt. If the defendant goes bankrupt, the claimant may recover little or none of the amount of the judgment. For more detail on bankruptcy, see [[Enforcement_of_a_Small_Claims_Judgment_(20:XVII)|Section XVII: Enforcement of a Judgment]].

A claimant must decide whether to sue before the limitation period expires. If the limitation period expires, a claimant cannot later sue on that cause of action if the defendant’s circumstances change.

== E. Civil Resolution Tribunal ==

The Civil Resolution Tribunal is designed to facilitate dispute resolution in a way that is accessible, speedy, economical, and flexible for amounts of $5,000 and under. It relies heavily on electronic communication tools. It focuses on a resolution by agreement of the parties first, and by the Tribunal’s binding decisions if no agreement is reached. Thus, there are several steps to the CRT process before actually applying for dispute resolution with the tribunal.

=== 1. Self Help ===

A claimant must first attempt to resolve the dispute using the tribunal’s online dispute resolution services. The claimant may use the website’s resources to gather information and diagnose their claim.

==== a) Solution Explorer ====

The Solution Explorer, available on the CRT website, includes free legal information and self-help tools, such as guided pathways, interactive questions and answers, tools, templates, and other resources. Applicants can apply to the CRT for dispute resolution right from the Solution Explorer.

Small Claims Solution Explorer website:
https://civilresolutionbc.ca/solution-explorer/

Strata Solution Explorer website:
https://civilresolutionbc.ca/solution-explorer/strata/

Motor Vehicle Injury Solution Explorer website:
https://civilresolutionbc.ca/solution-explorer/vehicle-accidents

Societies and Cooperative Associations Solution Explorer
https://civilresolutionbc.ca/solution-explorer/societies-and-cooperative-associations/

==== b) Online Negotiations ====

The parties may then engage in an online negotiation that is monitored but not mediated or adjudicated. Online negotiations connect parties in order to encourage negotiated settlement. This tool will guide the parties through a structured, low-cost negotiation phase.

=== 2. Dispute Resolution – Case Management ===

If a claimant’s attempt at online dispute resolution has been unsuccessful, the claimant must formally request resolution of the claim through the tribunal and pay all required fees. Generally, a claimant cannot request tribunal resolution if there is a court proceeding or other legally binding process to resolve the claim and a hearing or trial in that court or other legally binding process has been scheduled or has occurred to decide that claim.

During the case management phase, the case manager will attempt to facilitate a settlement between the parties by clarifying the claim, providing facilitated mediation, and asking the parties to exchange evidence. If the dispute is not resolved during facilitation, the case manager will help prepare the parties for the tribunal decision process.

If parties do not resolve the claim during the case management phase, the claim will proceed by tribunal hearing (''CRTA'', s 30). If a party to a dispute fails to comply with an order or direction of the tribunal made during the case management phase, the case manager may (after giving notice to the non-compliant party) refer the dispute to the tribunal for resolution, where the tribunal will: (a) proceed to hear the dispute; (b) make an order dismissing a claim in the dispute that is made by the non-compliant party; or (c) refuse to resolve a claim of the non-compliant party or refuse to resolve the dispute (''CRTA'', s 36).

The CRT takes an active role in the dispute resolution process and ensuring the claim is resolved in a timely manner. Parties must ensure they respond promptly during the CRT process. If a party fails to respond to communications with the case manager, the tribunal may decide the claim without their participation.

The tribunal retains the authority to refuse to resolve a claim or dispute and may exercise this authority at any point before making a final decision resolving the dispute. The general authority for refusing to resolve a claim or dispute is set out in ''Civil Resolution Tribunal Act'' s 11.

==== a) Applying for Dispute Resolution ====

To request dispute resolution by the tribunal, an applicant must provide to the tribunal a completed Dispute Application Form, and pay the required fee.

:'''NOTE:''' Parties drafting an application to the CRT should review the guidelines set out in '''Section V.C: Identifying the Defendant(s)''' for advice regarding what information should be included.

===== (1) Application Costs and Where to Apply =====
Applications may be made online or a paper application form can be found online at https://civilresolutionbc.ca/resources/forms/#apply-for-crt-dispute-resolution. Fees vary slightly by the method of application. The cost to apply for dispute resolution online is $75-125, while the cost by paper application is $100-150.

If you are using a paper application, it may be sent to the CRT by mail:<BR>

:PO Box 9239 Stn Prov Govt<BR>
:Victoria, BC V8W 9J1

===== (2) After an Application is Received =====
After an initial review of the Dispute Application Form, the tribunal will provide to the applicant one of the following:
:(a) a request for more information about the application;
:(b) a Dispute Notice with instructions; or
:(c) an explanation as to why the Dispute Notice will not be issued

Once a Dispute Notice is issued by the tribunal, they will serve it on the respondent if:
:(a)the applicant has provided the name and address information required for service by ordinary mail,
:(b)the mailing address for the respondent is in Canada, and
:(c)the respondent is a person, corporation, strata corporation, partnership, society, co-operative association or municipality.

===== (3) Serving the Respondents =====
The CRT usually tries to serve respondents by regular mail. If the tribunal advises the applicant that they must serve the Dispute Notice and instructions for response, the applicant must:
:(a) serve the Dispute Notice and instructions for response on every respondent named in the dispute and not served by the tribunal within 90 days from the day the Dispute Notice is issued by the tribunal,
:(b) complete the Proof of Service Form and provide it to the tribunal within 90 days from the day the Dispute Notice is issued by the tribunal, and
:(c) provide any other information or evidence about the Dispute Notice or service process requested by the tribunal

A Dispute Notice can be served on a respondent by e-mail, registered mail requiring signature, courier delivery requiring a signature, or personal delivery. Notice by e-mail is acceptable proof that the notice requirements are met only if the respondent replies to the email, contacts the CRT about the dispute, or confirms receipt of the Dispute Notice in some other way. Additional rules regarding notice delivery can be found here: https://civilresolutionbc.ca/help/how-do-i-serve-a-dispute-notice/.

If you have unsuccessfully tried to deliver a Dispute Notice to a respondent, you should contact the CRT to request an alternative method of delivery.

==== b) Permitted Methods of Service ====

===== (1) Individual Under 19 Years Old =====
The applicant must provide the Dispute Notice (by any above method) to that respondent’s parent or guardian unless the tribunal orders otherwise.

===== (2) Individuals Over 19 Years Old with Impaired Mental Capacity =====
If an applicant knows that a respondent has a committee of estate, a representative appointed in a representation agreement, or an attorney appointed in an enduring power of attorney, the applicant must provide the Dispute Notice to that person

An applicant must also provide the Dispute Notice to the respondent or the person with whom the respondent normally resides, and the Public Guardian and Trustee.

===== (3) Companies defined by the ''Business Corporations Act'' =====
An applicant can serve these parties by the following methods:
*by registered mail requiring signature, courier delivery requiring a signature or delivery in person to the address shown for the registered office with the Registrar of Companies;
*by delivery in person at the place of business of the company, to a receptionist or a person who appears to manage or control the company’s business there;
*by delivery in person to a director, officer, liquidator, trustee in bankruptcy or receiver-manager of the company (''Business Corporations Act'', SBC 2002, c 57).

===== (4) Extraprovincial Corporation defined by the ''Business Corporations Act'' =====
An applicant can serve these parties by the following methods:
*by registered mail requiring signature, courier delivery requiring a signature or delivery in person to the address shown for the head office in the office of the Registrar of Companies if that head office is in British Columbia;
*by registered mail requiring a signature, courier delivery requiring a signature or delivery in person to the address shown in the office of the Registrar of Companies for any attorney appointed for the extraprovincial company; by delivery in person to the place of business of the extraprovincial company, to a receptionist or a person who appears to manage or control the company’s business there;
*by delivery in person to a director, officer, liquidator, trustee in bankruptcy or receiver-manager of the extraprovincial company. ''(Business Corporations Act, SBC 2002, c57)''

===== (5) Society incorporated under the ''Societies Act'' =====
An applicant can serve these parties by the following methods:
*by registered mail requiring signature, courier delivery requiring a signature or delivery in person to the address for service with the Registrar of Companies;
*by delivery in person to a director, officer, receiver manager or liquidator of the society (''Societies Act'', SBC 2015, c. 18, s 252).

===== (6) Partnerships =====
An applicant can serve these parties by the following methods:
*by registered mail requiring signature, courier delivery requiring a signature or delivery in person to a partner;
*by delivery in person to the partnership’s place of business, to a receptionist or to a person who appears to manage or control the partnership’s business there.

===== (7) Any Other Type of Party =====
Follow the directions provided by the Tribunal.

===== (8) ICBC (Motor Vehicle Accident-Related Claims) =====
An applicant must also provide the Dispute Notice to the Insurance Corporation of British Columbia (ICBC) by:
*sending a copy of the Dispute Notice by registered mail requiring signature or courier to 800 – 808 Nelson Street, Vancouver, BC V6Z 2H1; or,
*delivering a copy of the Dispute Notice in person to an employee at any ICBC claim centre.

==== c) Negotiation and Facilitation ====

The purpose of the case management phase is to facilitate an agreement between the parties and to prepare for the tribunal hearing should it be required. The Preparation for Tribunal Hearing phase may be conducted at the same time as the Facilitated Dispute Resolution phase.

A case manager will determine which processes are appropriate for a particular dispute and has the authority to require the parties to participate. They can adjust or modify the facilitation directions at any time during facilitation. Negotiation and facilitation may be conducted in writing, by telephone, via videoconferencing, via email, via other electronic communication tools, or a combination of these methods. These negotiations will be mediated by the case manager.

The case manager can direct any party in a dispute to provide to the tribunal and to every other party any information and evidence, including explanations of that information or evidence, information about a party’s ability to pay an amount reached by agreement or ordered by the tribunal, responses to another party’s information and communications, and that party’s position on any proposed resolution of a claim in the dispute. During facilitation, the facilitator can refer any matter requiring a decision or order to a tribunal member, including a party’s non-compliance with directions. The information shared during facilitated mediation is confidential and is generally not allowed to be included in the Tribunal Decision Plan, unless it is relevant evidence that would be disclosed in any event.

If the parties reach a resolution by agreement on any or all of the claims in their dispute, they can ask the tribunal to make a consent resolution order to make the terms of their agreement an order of the tribunal, and pay the required fee. If the parties agree to resolve some, but not all, claims by agreement, the case manager can record their draft agreement based on the terms agreed upon by the parties, and provide a draft consent resolution order to a tribunal member immediately, or along with the Tribunal Decision Plan.

If the case manager decides the parties cannot resolve their dispute by agreement, they will inform the parties that activities aimed at finding a resolution by agreement are over and ask the applicant to pay the tribunal decision fee. If the applicant does not pay the tribunal decision fee, a respondent can pay it. If no party pays the tribunal decision fee within the time period set by the case manager, the tribunal may refuse to resolve or dismiss the dispute. If a party pays the tribunal decision fee, the process to prepare the dispute for a tribunal decision will begin.

== F. Preparation for Tribunal Hearing ==

If the negotiation and facilitation process does not result in a settlement, the case manager will assist the parties in preparing for adjudication by ensuring the parties understand each other’s positions and by directing the exchange of evidence. Generally, this exchange and communication will occur online. To prepare the dispute for a tribunal decision, the case manager can support the parties in identifying and narrowing the claims or issues that will be decided in the tribunal decision process, identifying the facts relevant to resolving the claims or issues in the tribunal decision process, and taking any other steps to prepare for the tribunal decision process.

As well, the case manager will give the parties a Tribunal Decision Plan, which sets out required information, steps, and timelines to prepare the dispute for the tribunal decision process. Parties must include in the Tribunal Decision Plan all relevant evidence they possess regarding their claim, including evidence that does not support their position (''CRTR'', Rule 8.1(1)). Common kinds of evidence include photos or videos, contracts, correspondence regarding the dispute, and statements from witnesses or experts. All evidence and materials relied on must be translated into English (''CRTR'', Rule 1.7(5)). More information about evidence can be found at https://civilresolutionbc.ca/help/what-is-evidence. In particular, the CRT has specific rules regarding expert evidence. See [[Small_Claims_Trial_Preparation_(20:XIII)|Section XIII.B.: Expert Witnesses]].

For motor vehicle injury claims, pertinent medical information should also be provided. Note that for this class of dispute there are limits on both the amount of expert evidence that can be submitted and the amount of money that the CRT can order one party to reimburse another for fees and expenses. A party wishing to adduce expert evidence to support a motor vehicle injury claim should consult https://civilresolutionbc.ca/blog/expert-evidence-and-expenses-in-mva-personal-injury-disputes for more information. For strata disputes, copies of strata meeting minutes and any complaint letters and/or bylaw infraction letters should be included in the Tribunal Decision Plan.

Once the case manager has given the Tribunal Decision Plan to the parties, they cannot add any other party or claim without permission from the tribunal. The tribunal may at any time order that a party be added to the dispute and make directions as to the process to be followed.

If a party does not comply with the Tribunal Decision Plan the tribunal may do any of the following:
:(a) the tribunal can decide the dispute relying only on the information and evidence that was provided in compliance with the Tribunal Decision Plan;
:(b) the tribunal can dismiss the claims brought by a party that did not comply with the Tribunal Decision Plan; and
:(c) the tribunal can require the non-complying party to pay to another party any fees and other reasonable expenses that arose as a result of a party’s non-compliance with the Tribunal Decision Plan.

Facilitation ends when the case manager determines that the Tribunal Decision Plan is complete.

== G. Drafting the Notice of Claim ==

The Notice of Claim is the document that starts an action in Small Claims Court. The Notice of Claim form is comprised of several sections and each section must be completed. The form can be either typed or handwritten. Hard copies are available from the court registry (see [[Small_Claims_Registries_(20:App_A)|Appendix A: Small Claims Registries]]) and an electronic copy is available online at http://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/small-claims-forms.

Where possible, a claimant should type the Notice of Claim form. You can use the Small Claims Filing Assistant to complete a claim online which may then be printed and submitted in person or by mail:https://justice.gov.bc.ca/FilingAssistant/index.do.

A sample Notice of Claim (see [[Sample_Notice_of_Claim_for_Small_Claims_(20:App_C)|Appendix C: Sample Notice of Claim]]) is attached and may be a helpful guideline when drafting a Notice of Claim.

=== 1. “From” ===

This section must contain the claimant’s full legal name, address, and telephone number. The claimant has an ongoing duty to notify the court registry of any changes to the information in this section. Failure to provide the registry with current and accurate contact information may result in the claimant’s claim being dismissed and/or the claimant being liable for costs or penalties.

=== 2. “To” ===

The claimant must list the full legal name, address for service, and, if available, the telephone number for each defendant. If additional space is required, the claimant may attach a piece of paper listing this information for each defendant. Alternatively, the Notice of Claim filing assistant (visit https://justice.gov.bc.ca/FilingAssistant/) can neatly add multiple defendants onto one Notice of Claim form.

Failure to list the proper legal name of a defendant may result in the claimant’s claim against that defendant being dismissed or the judgment against that defendant being unenforceable. If the limitation period has already expired, the claimant may not be able to correct the error (see [[Limitation_Periods_(20:App_F) | Appendix F: Limitation Periods]]).

If you are suing a corporation, the corporation’s registered name must be listed here. This registered name can be found by completing a company search. A copy of the company search must be included when filing the notice of claim. See [[Governing_Legislation_and_Resources_for_Small_Claims_(20:II)|Section II: 4. Other Resources]] for how to complete a company search.

=== 3. “What Happened?” ===

In this section, the claimant must list the facts that support the claimant’s cause(s) of action and the damages that the claimant has suffered. The claimant should adhere to the following general rules:

# Don’t plead evidence – state what you will prove, not how you will prove it
# Don’t plead law – unless you have a statutory cause of action
# Use paragraphs – use one paragraph to state each fact that you will prove - Number each paragraph beginning at 1
# Claimant must prove every fact – therefore, stick to material facts (see below)

In this section, one must set out the facts that give rise to the cause of action, and the loss or damage that resulted. This description should be brief but must inform the opposing party of the case to be met and give the judge an outline of what will be argued. A material fact is one that, if established, could affect the outcome of the proceedings. For examples, in the sample Notice of Claim in Appendix C, paragraphs 1-3 detail facts that go towards the existence and terms of the contract. Paragraphs 4-6 detail facts that go towards the claimant's performance of the contract and the defendant’s failure to perform. The Notice of Claim (Form 1) has little space for the facts, but the facts can continue onto another piece of paper. The additional facts must be attached to each copy of the Notice of Claim. In general, the pleadings should be brief, complete, and as accurate as possible.

The facts as alleged must give rise to a legal cause of action. For example, if the legal cause of action is a breach of contract: the claimant must show in the facts the existence of the contract, the specific term alleged to have been breached, and the acts of the defendant that constitute that breach. After the facts, state the legal cause of action(s) that entitle you to the relief you are seeking. If there is more than one cause of action, plead the strongest one and plead the other ones in the alternative. For example, in a claim for a bad car repair, a claimant can sue for breach of contract and negligence. A pleading might read: “In addition, or in the alternative, the claimant claims damages as a result of the defendant’s negligent repair of the automobile”.

The pleadings should describe:

:(a) the relationship of the parties (e.g., buyer and seller); and
:(b) the dates, places, and details of amounts, services, or practices involved.

Claimants will usually be bound by the facts in the pleadings. If the facts or legal basis need to be changed, the claimant may be able to amend the Notice of Claim (''SCR'', Rule 8).

When there is more than one defendant, the claimant should make it clear whether their liability is joint, several, or joint and several. This distinction affects the enforcement of a judgment and any subsequent actions arising out of the same cause. Liability is stated as joint and several is more inclusive.

If liability is joint, the defendants must be sued as a group however the claimant can recover the full amount from any or all of the defendants.

Where liability is several, the claimant can sue any or all of the defendants however each defendant is obligated to repay only their own portion of the debt.

Where liability is joint and several, the claimant may sue any or all of the defendants and may recover the full amount from any or all of the defendants. The debtors can then litigate among themselves to apportion the debt between them.

=== 4. “Where?” ===

The claimant should enter the name of the municipality as well as the province where the cause of action arose. If the cause of action arose outside of British Columbia, the claimant must state in the “What Happened?” section how the court has jurisdiction over the claim (''[https://www.canlii.org/en/bc/bcpc/doc/2011/2011bcpc459/2011bcpc459.html?searchUrlHash=AAAAAQAJZHJlYW1iYW5rAAAAAAE&resultIndex=1 Dreambank]'', supra.)

=== 5. “When?” ===

List the date or dates when the cause(s) of action arose. Unless the date is very clear or the limitation period is about to expire, stating the month and year is sufficient. It is prudent to state the date as follows:

* when the date is known: “On or about August 15, 2012”;
* if only the month is known: “In or about August 2012”; or
* if the cause(s) of action arose over time: “From about May 2012 to August 2012”.

=== 6. “How Much?” ===

This is where the claimant describes the remedy. In most cases, this will be an amount of money. However, a claimant may request an alternative remedy. For example, the claimant could request the return of an item or, in the alternative, the value of it, as well as damages. A claimant who wants items returned should consider what condition they will be in and whether they really want them back.

==== a) Interest ====

If there is no mention of interest in a contract between the parties, the court will award interest to the successful claimant from the date the cause of action arose until the date of judgment (''Court Order Interest Act'', RSBC 1996, c 79, s 1(1); [https://d.docs.live.net/326725c1a74ed67f/UBC/LSLAP/Red%20Back%20Mining%20Inc%20v%20Geyser%20Ltd,%202006%20BCSC%201880 ''Red Back Mining Inc v Geyser Ltd.'', 2006 BCSC 1880]). This is called “pre-judgment interest”. Interest in a claim for debt is calculated from the date the debt became due and, in a claim for damages, from the date the damages arose.

The court sets the interest rate every six months and publishes a table listing the rates applicable to each six-month period. The Notice of Claim should indicate a claim for “Interest pursuant to the ''Court Order Interest Act''” but leave the amount area blank; the registry will calculate the amount according to the table.

:'''Note:''' While a claimant may be paying a higher interest rate on a credit card or loan as a result of the defendant’s actions, the claimant is limited to the pre-judgment interest rate set by the court unless the parties have expressly agreed that interest will be paid.

If the parties have agreed on a rate of interest, the Notice of Claim should indicate a claim for contract interest, the applicable interest rate, and the date from which the interest began to accrue. The amount of interest that has accrued up to the date of filing should be included on the Notice of Claim as well as the amount of interest that accrues each day. It is important to note that a claim for contract interest is, in substance, a claim for contractual damages. Accordingly, the claim for contract interest together with the principal amount must be within the Small Claims Court’s monetary jurisdiction. If a claim for contract interest has or could cause the total claim to exceed the court’s monetary jurisdiction, it would be prudent to state on the Notice of Claim that the claimant abandons the amount necessary to bring the claim within the Small Claims Court’s monetary jurisdiction.

If the parties have agreed that interest will be paid but have not agreed on a rate of interest, the rate of interest is five percent per annum (''Interest Act'', RSC 1985, c I-15, s 3).

Generally, even if the parties agree to a rate of interest expressed with reference to a period other than one year (e.g., 2% per month), a claimant can only recover a maximum of five percent per annum unless the contract expressly states a yearly rate or percentage of interest that is equivalent to the other rate (e.g., 24% per annum) (''Interest Act'', RSC 1985, c I-15, s 4).

It is a criminal offence to receive, or enter into an agreement to pay or receive, interest at a rate that exceeds 60% per annum (''Criminal Code'', RSC 1985, c C-46, s 347(1)). Interest has a broad definition and includes fees, fines, penalties, commissions, and other similar charges including costs relating to advancing credit.

If the judgment is not paid immediately, post-judgment interest may be awarded. The court has the discretion to vary the rate of interest or to set a different date from which the interest commences (''Court Order Interest Act'', RSBC 1996, c 79, s 8).

==== b) Claims between $5,001-$35,000 ====

In order to sue in Small Claims Court for a claim exceeding $35,000, the claimant must state, “The Claimant abandons the portion of any net judgment that exceeds $35,000” (''SCR'', Rules 1(4) and (5)). At any time prior to trial, the claimant can decide to sue for the full amount and apply to transfer the claim to the Supreme Court of British Columbia (''Der v Giles'', 2003 BCSC 623). Once the trial has been heard, however, the abandonment is likely permanent.

There is an exception to the $35,000 limit. If more than one claimant has filed a Notice of Claim against the same defendant(s) concerning the same event, or, if one claimant has filed Notices of Claim against more than one defendant concerning the same event, the judge may decide each claim separately, even though the total of all the claims (not including interest and expenses) exceeds $35,000 (''SCR'', Rule 7.1(4)). Such claims often have a trial at the same time although the claimant(s) must request this.

===== (1) Filing Fees =====

Filing fees are those fees paid to file the Notice of Claim and are either $100 or $156 unless the fees have been waived (''BC Reg.'' 261/93, s 1). Payments can be made with cash, debit card, cheque (including certified cheque), money order, or bank draft. Cheques and money orders should be payable to the Minister of Finance. The registry staff will enter this amount. Filing fees are recoverable if the claimant is successful (see [[Small_Claims_Court_Fees_(20:App_H)|Appendix H: Small Claims Court Fees]]).

Please note that fees for the CRT are different (see [[Civil_Resolution_Tribunal_Fees_(20:App_I)|Appendix I: Civil Resolution Tribunal Fees]]).

===== (2) Service Fees =====

Service fees are an estimate of the cost of serving the defendant(s). The amount varies based on the method of service and the number of defendants. For information about the costs, refer to sections 15 and 16 of the ''Court Rules Act'' and ''Small Claims Act''. The registry staff will enter this amount. Service fees are recoverable if the claimant is successful; however, as the claimed amount is only an estimate, a judge has discretion to either increase or decrease the allowed service fees.

===== (3) Other Expenses =====

Unless a judge or the Registrar orders otherwise, an unsuccessful party '''must''' pay to the successful party (Rule 20(2)):

* any fees the successful party paid for filing any documents;
* reasonable amounts the successful party paid for serving any documents (Rule 20(2); and
* any other reasonable charges or expenses directly related to the proceedings (Rule 20(2); ''Barry v Rouleau'', [1994] BCJ No. 1212 (QL) (Prov Ct); ''Gaudet v Mair'', [1996] BCJ No. 2547 (QL) (Prov Ct); ''[https://www.canlii.org/en/bc/bcpc/doc/2004/2004bcpc511/2004bcpc511.html?searchUrlHash=AAAAAQAhSm9obnN0b24gdi4gTW9ycmlzLCAyMDA0IEJDUEMgNTExAAAAAAE&resultIndex=1 Johnston v. Morris et al.]'', 2004 BCPC 511).

An example of a reasonable expense related to the proceedings is a company search. Another example is costs to purchase cases used in argument ([http://pm.cle.bc.ca/clebc-pm-web/manual/42757/reference/casePopup.do?id=24429 ''Faulkner v Sellars'' (1998), 9 CCLI (3d) 247 (BC Prov Ct)]). If such expenses are known at the time of filing, they should be stated on the Notice of Claim. If they occur afterward, the successful party may request them at the conclusion of the trial.

Although legal fees '''cannot''' be recovered, legal disbursements may be recoverable if they fit one of the criteria above.

Parties are not compensated for the time they spend preparing for or attending court.

== H. Filing a Notice of Claim ==

=== 1. Cost ===

The cost to file a notice of claim is $100 if the claim is for $3,000 or less. The cost increases to $156 for claims above $3,000 and up to $35,000. A person who is unable to afford the filing or other fees may apply to the registrar for a fee waiver (''SCR'', Rule 20(1)) by filing an Application to the Registrar and a Statement of Finances. See [[Small_Claims_Court_Fees_(20:App_H)|Appendix H: Small Claims Court Fees]].

=== 2. Where to File ===

A claimant must file the notice of claim (''SCR'', Rule 1(2)) at the Small Claims registry (see [[Small_Claims_Registries_(20:App_A)|Appendix A: Small Claims Registries]]) nearest to where:

*the defendant lives or carries on a business (''[http://canlii.ca/t/frv57 DreamBank]''; or
*the transaction or event that resulted in the claim took place.

This can sometimes be unclear in the case of contracts that are executed by fax or email or in other claims, such as negligence, where the conduct complained of took place in a number of locations; see ''[http://canlii.ca/t/frv57 DreamBank]''; ''[http://canlii.ca/t/1w8rg Rudder v Microsoft Corp.]'', [1999<nowiki>]</nowiki> 47 CCLT (2d) 168 (ON SC); ''[http://canlii.ca/t/23chv Simpson-Sears Ltd. v. Marshall]'', (1979) 12 BCLR 244 (SC)). A claimant may wish to obtain legal advice if there is any uncertainty regarding where to file.

If two different Small Claims registries have jurisdiction, the claimant should choose the one that is most convenient. If the defendant disputes the claimant’s choice, the defendant can file an application for change of venue and a judge will decide the most appropriate location.

A company can live in multiple locations including where it is registered, where it carries on business, and where its records are kept ([http://canlii.ca/t/frv57 ''DreamBank''], supra; ''Court Jurisdiction and Proceedings Transfer Act'', SBC 2003, c 28, s7).

=== 3. How to File ===

The claimant must file at least four complete and identical copies of the notice of claim. One copy is for the court, one is for the claimant, one is a service copy, and one is required for '''each''' defendant.

Once the notice of claim has been filed and stamped by the registry and the fee unless waived, has been paid, the claimant must, within one year, serve a copy on the defendant.

== I. Serving a Notice of Claim ==

A copy of the filed Notice of Claim together with a blank Reply form (available from the registry) must be served on each defendant (''SCR'', Rule 2(1)). A claimant has 12 months from the date of filing to serve the defendants (''SCR'', Rule 2(7)). If more time is required, the claimant can apply to the registrar for an extension (''SCR'', Rules 2(7), 16(2)(a), and 16(3)).
The permissible methods for serving a defendant depend on who the defendant is. The table below sets out how each category of defendant can be served. If a defendant is evading service or, after a diligent search, cannot be found, a claimant may apply to a judge for an order for substitutional service.

{| class="wikitable"
|-
! Defendant !! Permitted Methods of Service
|-
| Individual Over 19 Years Old ||
*Personal service
*Registered mail requiring signature to residence (''SCR'', Rule 2(2))
|-
| Individual Under 19 Years Old ||
*Personal service on the minor’s mother, father, or guardian
*Personal service on another person as directed by a judge upon application(''SCR'', Rules 2(6) and 18(2))
|-
| Individual outside BC ||
*See “Individual Over 19 Years Old” or “Individual Under 19 Years Old”
*Defendant has 30 days to respond (''SCR'', Rule 3(4)))
|-
| BC Corporation ||
*Leaving a copy at the '''delivery address''' for the registered office
*Registered mail requiring signature to the '''mailing address''' for the registered office
*Personal service on a receptionist or manager at the company’s place of business
*Personal service on a director, officer, liquidator, trustee in bankruptcy, or receiver manager
*If the company’s registered office has been eliminated, as directed by a judge on application (''SCR'', Rule 2(3))
|-
| Extraprovincial Corporation || See ''SCR'', Rule 2(4)
|-
| Unincorporated Company (Proprietorship) ||
*Personal service on proprietor
*Registered mail requiring signature to proprietor’s residence (''SCR'', Rule 2(2))
|-
| Unincorporated Company (Partnership) ||
*Personal service on a partner
*Personal service on a receptionist or manager at the place of business
*Registered mail requiring signature to a partner’s residence (''SCR'', Rule 2(5))
|-
| Company outside BC || See ''SCR'', Rule 18(6.1)
|-
| Strata Corporation ||
*Personal service on a council member
*Registered mail requiring signature to its most recent mailing address on file in the Land Title Office (''Strata Property Act'', SBC 1998, c 43, s 64)
|-
| Society ||
*Personal service on anyone at the address for service
*Personal service on a director, officer, receiver manager, or liquidator
*Registered mail requiring signature to the address for service (''Societies Act'', SBC 2015, c 18; ''SCR'', Rule 18(3))
|-
| Unincorporated Association ||
*Personal service on an officer
*Registered mail requiring signature to the registered office (''SCR'', Rule 18(5))
|-
| Incorporated Cooperative Association, Housing Cooperative, Community Service Cooperative ||
* Personal service or by registered mail requiring signature to the registered office of the association (''Cooperative Association Act'', SBC 1999, c 28, s 28)
|-
| Trade Union ||
*Leaving with the business agent (''SCR'', Rule 18(5))
|-
| Municipality ||
*Personal service on the Clerk, Deputy Clerk, or similar official (''SCR'', Rule 18(1))
|-
| ICBC ||
*Personal service on a receptionist at 800 – 808 Nelson Street, Vancouver, BC V6Z 2L5
|-
| Estate ||
*Personal service on the administrator, executor, or executrix
*Registered mail to the residence of the administrator, executor, or executrix (''Wills Estate and Succession Act'', SBC 2009, c13, s 61(1))
|}

If a defendant is served incorrectly, a claimant cannot obtain a default order until after the defendant has been properly served. If the defendant has been served incorrectly but files a Reply, the claimant does not have to serve the defendant again.

=== 1. Personal Service ===

Personal service is effected when the claimant gives the Notice of Claim and blank reply form to the defendant in a manner that ensures that the nature of the document is brought to the defendant’s attention. For example, a notice of claim inside an unmarked and sealed envelope or rolled inside of a newspaper is not properly served.

If a defendant knows the nature of the document and has touched it, service has likely been affected. If the defendant knows of the nature of the document and refuses to touch it, the claimant may place it at the defendant’s feet.

Personal service can be affected by any adult who is not under a legal disability. A claimant may wish to have a friend or a process server serve the Notice of Claim.

:'''NOTE''': Personal service should not be used as a means of intimidating or exacting revenge on a defendant. While it may seem satisfying to personally serve the defendant, alternative methods should be employed if there is a risk of a heated exchange. Such an exchange may lead to physical violence and, in any event, negative encounters in the course of the litigation will be counterproductive to settlement discussions.

=== 2. Registered Mail ===

Registered mail is a service offered by Canada Post. In order to prove that a document was served by registered mail, a party must either obtain a copy of the signature obtained by Canada Post at the time of delivery or obtain a printout of the delivery confirmation from http://www.canadapost.ca.

=== 3. Substitutional (Alternate) Service ===

When, after a diligent search, a claimant is unable to locate the defendant or the defendant is evading service, the claimant can apply to the registrar (''SCR'', Rule 16(3)) for permission to serve the defendant in another manner (''SCR'', Rules 16(2)(e) and 18(8)). An affidavit and a hearing are not required.

The alternate method of service that is ordered should be sufficient to bring the claim to the defendant’s attention. Suggested methods of alternate service include a Facebook message, email, facsimile, regular mail, and text message to all known addresses and phone numbers for the defendant. Other methods include posting the Notice of Claim on the defendant’s door. The claimant should seek an order requiring service in as many methods as will be reasonably necessary to make the defendant aware of the claim.

== J. Amending a Notice of Claim ==

Anything in a Notice of Claim, reply or another document that has been filed by a party may be changed by that party (a) without any permission, before a settlement conference, mediation, trial conference, or trial, whichever comes ''first''; or (b) with the permission of a judge (''SCR'', Rule 8(1)). If permission of a judge is required, the applicant must complete an application form (Form 16), follow the instructions on the form, and file it at the registry with the amended document (''SCR'', Rule 8).

If a Notice of Claim or Reply is being amended, changes must be underlined, initialled, and dated on the revised document and, if there is an order authorizing the change, the document must contain a reference to it (''SCR'', Rule 8(2)). The document must then be filed at the registry and served again on each party to the claim before any further steps are made in the claim. The other party may then change their reply through the same process if they choose, or they may rely on their original reply.

A party wishing to withdraw their claim or other filed document may do so at any time before a judgement has been rendered or formal acceptance of offer has been filed, by filing a copy of a notice of withdrawal at the registry and serving the notice on the parties that were served with the document that is being withdrawn (''SCR'', Rule 8(4)).

== K. Proof of Service ==

Once the defendant has been served, the claimant can complete a Certificate of Service and file it along with the service copy of the Notice of Claim. Find Form 4 at https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/small-claims-forms. If there are multiple defendants, the claimant should file a Certificate of Service and service copy of the Notice of Claim for each defendant. Other methods of written proof of service are available (''SCR'', Rule 18(14)). Rarely, a judge may allow sworn oral evidence of personal service (''SCR'', Rule 18(15)).

If the defendant files a reply, it is assumed that the claimant served the claim and therefore the claimant is not required to file a Certificate of Service. Therefore, if the claimant expects the defendant to reply there is no need to immediately file a Certificate of Service. If the defendant does not reply, a Certificate of Service must be filed before seeking a default judgement.

{{LSLAP Manual Navbox|type=chapters15-23}}

Choosing the Proper Forum for Small Claims (20:IV)

2026-10-09T20:57:51Z

Nate Russell: 2026 update

{{REVIEWED LSLAP | date= 16 July 2026}}
{{LSLAP Manual TOC|expanded = smallclaims}}

There are several options for resolving most civil disputes in British Columbia: Alternative Dispute Resolution, specialised tribunals, Small Claims Court, the CRT and the Supreme Court of British Columbia.

Certain claims must be made through administrative tribunals instead of the courts. See, for example, '''Section IV.C: Civil Resolution Tribunal''' for small claims matters under $5,000, including certain types of disputes between roommates, disputes between a landlord and tenant who share a kitchen and/or bathroom, certain motor vehicle injury disputes, and strata matters, '''Chapter 6: Human Rights''' for human rights claims proceeding through the Human Rights Tribunal, '''Chapter 7: Workers’ Compensation''' for workers’ compensation claims proceeding through the Workers’ Compensation Board, '''Chapter 8: Employment Insurance''' for EI matters proceeding through the Social Security Tribunal, '''Chapter 9: Employment Law''' for employment law related matters proceeding through the Employment Standards Branch, and '''Chapter 19: Landlord and Tenant Law''' for tenancy matters proceeding through the Residential Tenancy Branch.

In order to bring a claim in British Columbia, the court or tribunal must have territorial jurisdiction. If either the subject matter of the claim (e.g., the contract or wrongful act) occurred in British Columbia or the Defendant resides or does business in British Columbia, this may be a sufficient connection for a court or tribunal to assert jurisdiction. It is sometimes unclear whether British Columbia has a sufficient connection to the claim and is the most appropriate forum. If the court’s jurisdiction is not clear, a claimant should obtain legal advice and review applicable case law; see ''[https://canlii.ca/t/jpkt8 Douez v. Facebook, Inc.]'', 2022 BCSC 914.

Where the dispute is contractual, the existence of a “forum selection clause” may provide further jurisdictional difficulties. Forum selection clauses require the adjudication of claims in the named jurisdiction. Such clauses will generally be upheld absent a finding of “strong cause” to hear the matter in the jurisdiction of another court; see ''[http://canlii.ca/t/1r9xl Borgstrom v Korean Air Lines Co. Ltd.]'', 2007 BCCA 263). However, where a “forum selection clause” requires arbitration that would be practically inaccessible for reasons of cost or geography, a court may declare the clause invalid or unconscionable and adjudicate the claim (''[http://canlii.ca/t/j8dvf Uber Technologies Inc v Heller]'', 2020 SCC 16).

== A. Small Claims Court ==

The Small Claims Court is the civil division of the British Columbia Provincial Court and is designed to accommodate unrepresented parties who do not have legal training. The overriding purpose of the Small Claims Court is to resolve disputes in a “just, speedy, inexpensive, and simple manner” (''SCA'', s 2). The Court uses simplified forms, procedures, and rules and encourages settlement.

Small Claims Court is a formal court that applies the law. Although the procedures and rules of evidence are slightly relaxed in order to make it more accessible to the public, it is significantly more formal and principled than the courts portrayed in television programmes.

There are three primary considerations when choosing Small Claims Court: the amount claimed, the court’s jurisdiction, and costs.

=== 1. Amount Claimed ===

'''As of June 1, 2017, Small Claims Court can award a judgment of up to $35,000'''. A person whose claim exceeds $35,000 may still choose Small Claims Court but must expressly state in the notice of claim or counterclaim that they will abandon the amount necessary to bring their claim or counterclaim within the court’s jurisdiction (SCR, Rules 1(4) and 1(5)). Interest and costs are not included in calculating the $35,000 limit.

A claimant must sue all responsible parties for damages arising from a single event in '''one''' claim; the claimant cannot split claims for damages arising out of a single event into multiple claims in an attempt to circumvent the $35,000 limit. If, however, there are multiple events giving rise to a claim, even if closely related, they may be brought in separate actions (''[https://decisions.civilresolutionbc.ca/crt/crtd/en/item/365284/index.do De Bayer v. Yang]'', 2019 BCCRT 298). For example, if a contractor issues an invoice for $20,000 at the end of January for work done in January and issues another invoice for $20,000 at the end of February for work done in February and both invoices go unpaid, the contractor may sue on each invoice in a separate claim. Rule 7.1(4) permits certain related claims to be heard together.

Where a defendant has pleaded a set-off (the plaintiff owes the defendant money that should be deducted from their award), contributory negligence (the plaintiff’s negligence also contributed to their loss), or shared liability (there is another party who is also liable for the same action), the court may consider these defences against the full amount of the claimant’s claim provided that the net judgment does not exceed $35,000. This also applies when a set-off forms the basis for a standalone counterclaim. For example, if the claimant proves a $50,000 claim and the defendant establishes a $35,000 set-off, the claimant will have a net judgment of $15,000.

Section 21(2) of the ''Small Claims Act'' permits the monetary limit to be set by regulation at any amount up to $50,000. Claimants should confirm the current monetary limit prior to filing a claim.

=== 2. Jurisdiction ===

The Small Claims Court derives its authority from the SCA, the ''Small Claims Rules'', BC Reg 261/93 [SCR], and other acts that expressly confer jurisdiction upon the Provincial Court.

The court has express jurisdiction in claims for:
* debt or damages;
* recovery of personal property;
* specific performance of an agreement relating to personal property or services; or
* relief from opposing claims to personal property(''SCA'', s 3(1)).

The Small Claims Court does not have jurisdiction in claims for libel, slander, or malicious prosecution, according to s 3(2) of the SCA, unless such authority is expressly granted in limited circumstances by another statute (e.g., s 171(3) of the ''Business Practices and Consumer Protection Act'' allows for contraventions of this Act to be heard in Provincial Court even if they involve claims for libel or slander).

The court cannot resolve disputes involving residential tenancy agreements nor can it grant remedies created by statute if there is another dispute resolution mechanism prescribed in the statute. For example, claims for overtime must be claimed through the Employment Standards Branch and not in Small Claims Court. The court has very limited jurisdiction in residential tenancy (''Residential Tenancy Act'', SBC 2002, c 78.), human rights (''Human Rights Code'', RSBC 1996, c 210), and strata property matters. Regarding employment law, the Small Claims Court has jurisdiction over contractual and common law rights.

Other noteworthy areas of law often falling outside the jurisdiction of the Small Claims Division are trusts, wills (i.e., probate), prerogative writs, bankruptcy, and some family law matters. However, the court may have jurisdiction over cases where these areas of law are involved only circumstantially and the essential issues of the case do fall within the court’s jurisdiction. For example, in ''[http://canlii.ca/t/1tt0t AMEX Bank of Canada v Golovatcheva]'', the claimant alleged that the defendant had committed fraud by running up a debt that she knew she would escape by declaring bankruptcy. The Small Claims Court exerted jurisdiction as essentially, the case at bar was a claim about debt, not bankruptcy.

Certain statutory torts contain provisions establishing that they may only be adjudicated as a cause of action before the BC Supreme Court, even if the claimed damages fall within the monetary range of the Small Claims Court. Notably, this includes actions made under the ''Privacy Act'', RSBC 1996, c 373 (at s 4). As any common law invasion of privacy tort was deemed extinguished in BC in ''Bracken v Vancouver Police Board'', 2006 BCSC 189, any claim of this nature is outside the jurisdiction of the CRT or the Small Claims Court.

A notable exception to this is that the CRT has jurisdiction over the non-consensual sharing of intimate images, with maximum compensation up to $75,000 ([https://civilresolutionbc.ca/blog/maximum-compensation-in-intimate-images-claims-increases-to-75000/ CRT announcement]); see more below in Civil Resolution Tribunal.

The Small Claims Court cannot grant injunctions or declaratory relief; however, subject to the Small Claims Act and Small Claims Rules, the court may make any order or give any direction necessary to achieve the purpose of these statutes.

=== 3. Fees ===

The fee to file a claim depends on the amount being claimed. The filing fee is $100 for claims of $3,000 or less and $156 for claims over $3,000. All Small Claims Court fees are listed in Schedule A of the ''Small Claims Rules''. See '''Appendix H: Small Claim Fees'''.

If a person is unable to afford the court’s fees, they can file an Application to the Registrar (Form 16) together with a Statement of Finances. If accepted, the party will be exempted under Rule 20(1) from paying fees with respect to that court file.

An unsuccessful litigant must, unless a judge or registrar orders otherwise, pay to the successful party:

* any fees the successful party paid for filing any documents;
* reasonable amounts the party paid for serving any documents; and
* any other reasonable charges or expenses that the judge or registrar considers directly related to the conduct of the proceeding (''[http://pm.cle.bc.ca/clebc-pm-web/manual/42757/reference/casePopup.do?id=1120 Gaudet v Mair]'', [1996<nowiki>]</nowiki> BCJ. No. 2547 (QL) (Prov Ct); ''[http://pm.cle.bc.ca/clebc-pm-web/manual/42757/reference/casePopup.do?id=24429 Faulkner v. Sellars]'', (1998) 9 CCLI (3d) 247 (BC Prov Ct); ''[http://canlii.ca/t/1jpxj Johnston v. Morris]'', 2004 BCPC 511).

Under no circumstances can any party recover any fees paid to a lawyer with respect to the proceeding: s 19(4) of the ''Small Claims Act''; however, reasonable disbursements charged by a lawyer with respect to the proceeding may be awarded to the successful party.

== B. Supreme Court of British Columbia ==

The Supreme Court has broad jurisdiction. It is not bound by any monetary limits and there are few restrictions on the types of claims that it can hear. The Supreme Court can grant injunctions, conduct judicial reviews, and make new laws.

The Supreme Court is not designed with special regard to lay litigants. Parties without legal training or legal advice may find it much more difficult to navigate than Small Claims Court. There are, however, a number of resources ([[Governing Legislation and Resources for Small Claims (20:II)#4. Other Resources | II.4. Other Resources]]) to help lay litigants bring and defend claims in Supreme Court.

The court fees in Supreme Court are higher than in Small Claims Court; they can be waived, however, for those who cannot afford them.

In Supreme Court, the losing party will often be ordered to pay to the successful party a portion of that party’s reasonable legal costs. Costs are awarded using a tariff system and generally on a party and party basis that usually amounts to about twenty percent of the successful party’s costs. While it is possible for the successful party to be fully indemnified through an award of special costs, also known as solicitor-client costs, this is rare and should not be expected.

== C. Civil Resolution Tribunal ==

The role of the CRT is to encourage the resolution of disputes by agreement between the parties, and if resolution by agreement is not reached, then to resolve the dispute by deciding the claims brought to the tribunal by the parties. For up-to-date information on the CRT, associated legislative changes, and the official rules please visit their website at https://www.civilresolutionbc.ca/. Most cases will simply follow the “CRT Standard Rules” unless it involves a claim about intimate images, in which case the Intimate Image Protection Order Rules apply under the IIPA.

=== 1. Jurisdiction ===

The CRT has jurisdiction over small claims disputes up to $5,000, strata property matters, certain disputes about motor vehicle accidents and injuries, and disputes involving societies and co-operative associations. The CRT is also considered to have “specialized expertise” in intimate image protection orders (''Civil Resolution Tribunal Act'', SBC 2012, c 25 at s 136.2(2)) and may order damages of up to $75,000 for this specific cause of action under the ''Intimate Images Protection Act'', SBC 2023, c 11. The tribunal will not determine if they have jurisdiction over disputes until an application for dispute resolution is submitted and the required fee paid. While jurisdictional issues are screened at the intake stage, a tribunal member retains discretion to determine whether the dispute is within the tribunal’s jurisdiction. Applicants who want to know if their claim is within the tribunal’s jurisdiction before filing a dispute should try using the CRT’s [https://civilresolutionbc.ca/solution-explorer Solution Explorer] or seek legal advice.

Sometimes, disputes may be “hybrids” in that they include strata, co-operative, motor vehicle injury and/or small claims elements. In general, where a dispute has elements of both a small claim or another type of claim (most commonly strata), the CRT will not consider it a small claim. Applicants should consult the CRT to determine whether two separate applications should be made.

==== a) Small Claims Matters ====

The tribunal’s small claims jurisdiction is the same as that of the Small Claims Court, however, while the Small Claims Court can resolve claims between $5,001 and $35,000, the CRT is limited in jurisdiction to resolving small claims disputes of $5,000 or under. If a claim is over $5,000 in total value (including contractual interest), it may be reduced to $5,000 or less in order to make an application for dispute resolution at the CRT but this requires abandoning the amount that is over $5,000. This means that part of the claim is gone and can no longer be claimed at the CRT or anywhere else.

The CRT has jurisdiction over the following types of small claims matters:
* Loans and Debt (e.g. a claim for money loaned to someone and not repaid);
* Contract (e.g. A claim for damages caused by the respondent’s failure to properly complete a contract);
* Personal Injury;
* Personal property (e.g. a claim for damages caused to the applicant’s property or return of personal property);
* Consumer transactions (e.g. a claim for damages for faulty merchandise);
* Insurance Disputes; and
* Some employment.

However, the CRT does not have jurisdiction over claims that
* involve slander, defamation or malicious prosecution (''CRTA'', s 119(a));
* fall within the jurisdiction of other tribunals (i.e., the Residential Tenancy Branch);
* are against the government, or which the government is a party to the dispute (Note: municipalities do not fall within “government” in this context; ''CRTA'', s 119(b)); or
* involve the application of the ''Canadian Charter of Rights and Freedoms''. Note: the CRT does not have jurisdiction over a question of a conflict between the ''Human Rights Code'' and another enactment. The CRT also does not have jurisdiction over constitutional questions (''CRTA'', s 114).

==== b) Strata Property Matters ====

The CRT can resolve a wide variety of disputes between owners and tenants of strata properties and strata corporations but can only help with disputes where the event triggering the dispute happened in BC. Unlike the Small Claims and Motor Vehicle Injury jurisdictions of the CRT, the Strata Property jurisdiction of the CRT has no monetary limit. A person may make a request for tribunal resolution of a claim that concerns:

* the interpretation or application of the ''Strata Property Act'' or regulation, bylaw, or rule under that Act;
* the common property or common assets of the strata corporation;
* the use or enjoyment of a strata lot (Note: Recent CRT cases have concluded that the CRT generally does not have jurisdiction under its Strata Property jurisdiction to resolve neighbour disputes if the claim is based in tort, such as an owner claiming against another owner in nuisance or negligence for noise or water leak. If you have a dispute with another resident in a strata you may wish to seek legal advice);
* unfair or arbitrary enforcement, or non-enforcement, of strata bylaws, such as noise, pets, parking, rentals, and compliance with the ''BC Human Rights Code''; whether the strata corporation has treated an owner or tenant significantly unfairly;
* money owing, including money owing as a fine, under the ''Strata Property Act'' or a regulation, bylaw, or rule under that Act;
* financial responsibility for repairs;
* an action or threatened action by the strata corporation, including the council, in relation to an owner or tenant;
* a decision of the strata corporation, including the council, in relation to an owner or tenant; or
* the exercise of voting rights by a person who holds 50% or more of the votes, including proxies, at an annual or special general meeting.

The CRT's ability to resolve the strata disputes listed above is subject to a number of limitations. A person considering tribunal resolution of a claim listed above should review s 122 of the ''Civil Resolution Tribunal Act'' to ensure that the CRT is not prohibited from deciding on the matter.

==== c) Motor Vehicle Injury Matters ====

The CRT has jurisdiction over most vehicle accident claims in British Columbia. In particular, the CRT can resolve disputes regarding accident benefits, minor injury determinations, fault, damages claims up to $50,000, and entitlement to benefits under the Enhanced Care model.

For more information, consult the CRT's [https://civilresolutionbc.ca/solution-explorer Solution Explorer], Chapter 12: Automobile Insurance (ICBC), Chapter 13: Motor Vehicle Law, and ''[https://decisions.civilresolutionbc.ca/crt/crtd/en/item/521692/index.do Dusdal v. ICBC]'', 2022 BCCRT 602 which briefly explains recent changes to motor vehicle accident claims.

==== d) Societies and Cooperative Associations ====

The CRT can adjudicate disputes about BC societies and cooperative associations. Disputes involving other types of cooperatives, unincorporated societies, societies incorporated outside of BC, and “for-profit” societies are outside of the CRT’s jurisdiction.

The ''Societies Act'' governs societies in BC, and the CRT may only take disputes about societies that are incorporated in BC with the BC Corporate Registry (''Societies Act'', SBC 2015, c 18, s 14). A person may make a request for tribunal resolution of a claim that concerns:

* the interpretation or application of the BC Societies Act or a regulation, constitution, or bylaw under that Act, including a request to inspect, or to receive a copy of, a record of a society;
* an action or threatened action by the society or its directors in relation to a member; and
* a decision of the society or its directors in relation to a member.

The foregoing list contains a number of limitations. A person considering tribunal resolution of a claim listed above should review s 130 of the ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/12025_01 Civil Resolution Tribunal Act]'' to ensure that a limitation does not deny jurisdiction to the tribunal.

The ''Cooperative Associations Act'' governs cooperative associations in BC, and the CRT may only take disputes about its provincial housing or community service cooperatives (''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/99028_01 Cooperative Association Act'', SBC 1999, c 28, s 159.5]). The Act enables persons to make a request for the tribunal resolution of a claim that concerns:

* Interpreting legislation, regulations, memoranda or rules about cooperatives;
* Ordering a cooperative to provide access to its records;
* Ordering a cooperative to comply with its bylaws or the ''Cooperative Association Act''; and
* the person examining, taking extracts from, receiving a copy of or obtaining the record (''Cooperative Association Act'', SBC 1999, c 28, s 159.5).

The CRT's ability to resolve these disputes is subject to a number of limitations; see s 126 of the ''Civil Resolution Tribunal Act''. For example, claims cannot be made with respect to any matter relating to terminating membership, expelling members, winding up the cooperative association, or appealing decisions made by the Registrar of Companies.

==== e) Non-Consensual Sharing of Intimate Images ====

On January 29, 2024, the ''Intimate Images Protection Act'' (IIPA) came into effect. It applies retroactively to March 6, 2023. The legislation provides applicants with civil remedies from the BC Courts or the CRT in cases where their intimate images have been shared or published without their consent. The IIPA also provides remedies where a person threatens to share an individual’s intimate images. Under the IIPA, “intimate images” includes visual recordings or visual simultaneous representations of an individual where they are engaging in a sexual act, nude or nearly nude, or exposing their genital organs, anal region or breasts. It does not matter whether or not the image was altered in any way, meaning the IIPA covers deepfakes as well. In order for an image to qualify as an “intimate image,” an individual also must have a reasonable expectation of privacy in relation to the image. For example, if an individual posts an image of themself online and then changes their mind, their expectation of privacy may not be reasonable and so the IIPA may not apply to the image.

Applicants will have potential recourse through the IIPA against both individuals who share or threaten to share the applicant’s intimate images non-consensually, as well as against “internet intermediaries”, which are defined as any entity that hosts online platforms where third party content such as images and videos are hosted and indexed (e.g. social media websites, online forums, online games etc.). Recourse includes civil damages (up to $75,000 at the CRT) as well as orders to remove, delete or destroy all copies of the applicant’s intimate images that are in another party’s possession or control. Under the IIPA, a judge or tribunal decision maker can also order a technology company to stop distribution and remove, delete or de-index an intimate image from its platform. Additionally, under the IIPA, the BC Courts and the CRT can require any person or company to provide any information that is necessary for the furtherance of the removal, destruction, or de-indexing of the applicant’s intimate images.

To obtain an order, applicants need to show that the image is an intimate image depicting the applicant, and that another person shared it or threatened to share it without their consent. The applicant who is seeking relief under the IIPA does not need to provide notice of their application, nor does the applicant need to name a respondent or prove that they suffered harm, unless the applicant is seeking damages.

Individuals and technology companies who are not in non-compliance with these orders can face administrative penalties. Under the ''Intimate Images Protection Regulation'', the penalties for individuals are set at a maximum of $500 for every day that the individual fails to comply with the order up to a total of $10,000. The penalties for internet intermediaries are set at $5,000 for each day of non-compliance up to a total maximum of $100,000.

==== f) Authority to Refuse Dispute ====

The CRT has the discretionary authority to refuse to resolve a claim or dispute that otherwise falls within their jurisdiction (Civil Resolution Tribunal Act, s 11). Some of the more common reasons are:

* The claim or dispute has already been resolved through a legally binding process, or the claim is more appropriate for another legally binding process
* The request for resolution does not disclose a reasonable claim or is an abuse of process
* The claim or dispute is too complex or impractical for the CRT

A refusal to resolve a dispute is distinct from a CRT dismissal of a claim. A refusal to resolve a dispute means that the CRT has deemed the issue more appropriately resolved through another legally binding process, and does not constitute a judgment on the merits of the case; a claimant who has their CRT claim refused may instead file their claim at the Small Claims Court or another relevant tribunal. Conversely, if the CRT dismisses a claim, filing substantively the same claim in another legal venue is barred per the doctrine of res judicata.

=== 2. Process ===

Using the tribunal to resolve a dispute within its jurisdiction is mandatory by default. However, if the CRT refuses to resolve a claim it can be brought to another court. A party can also apply to court to be exempted from the CRT. For more information see: https://provincialcourt.bc.ca/navigating-court-case/small-claims/claims-5000

The tribunal is designed to be more informal, faster, and less expensive than Small Claims Court, and will be conducted primarily using the internet and email. Unlike Small Claims Court, the tribunal generally requires the parties to be self-represented; lawyers are generally not permitted (Civil Resolution Tribunal Act, s 20). There are exceptions to this (see subsections 2 and 3), including where a party is a minor or has impaired capacity, where the rules permit the party to be represented or where the tribunal permits representation because it is in the interests of justice and fairness. If a party wishes to request a representative, they should contact the CRT directly to obtain a Representation Request Form.

In considering a request for permission to be represented by a lawyer or other person, the CRT will consider various factors set under Rule 1.16.

All representatives and helpers must comply with the CRT’s Code of Conduct https://civilresolutionbc.ca/wp-content/uploads/CRT-Code-of-Conduct-for-Participants-Aug-2024.pdf

:'''NOTE:''' Parties may obtain legal assistance and/or advice without submitting a Form, however, their lawyer will not be able to participate directly in the CRT process.

=== 3. General ===

The first step in the CRT process is filing your claim. Fill in the online application form and pay the fee. Afterward, the CRT will issue the respondent a Dispute Notice. Parties may not bring or continue a claim in court more than 28 days after one of the following applicable dates:

* the date the party receives notice of the decision;
* the date of a court order that the CRT not adjudicate a claim; or

The CRT orders are enforceable as an order of the court.

== D. Alternative Dispute Resolution ==

Alternative dispute resolution is useful because it is efficient, inexpensive, '''confidential''', informal, and flexible; the parties have control over the outcome. A trial, on the other hand, is formal, less flexible, and can be more expensive. With few exceptions, everything that is said in a courtroom or written in a filed document can be accessed by any member of the public.

Parties who wish to preserve their relationship, avoid the stress of a trial, keep the details of their dispute private, or resolve their dispute in months instead of more than a year should seriously consider alternative dispute resolution.

=== 1. Negotiations ===

Negotiation is cost and risk-free. Any contact between the parties should be used to attempt to negotiate a settlement. Parties can negotiate a settlement at any point before a judgment is pronounced. Negotiations are without prejudice, which means they are confidential between the parties and cannot be used against a party in court. Any documentation related to negotiation should have the words “WITHOUT PREJUDICE” written across the top.

Ask the other party if they are represented by a lawyer. If so, all communication should be with the lawyer. If the other party is not represented, ask the other party if they are willing to discuss the claim.

Telephone technique should be '''firm''' but '''not argumentative'''. Try to negotiate the best offer possible.

Make a written plan and keep detailed notes of each conversation as it occurs. Plan how best to find out the other side’s position and how best to put forward your position.

If a settlement is reached, a letter should be sent to the other party to confirm the agreement. Enclose a duplicate copy for them to sign and return to you. Any settlement should include a mutual release agreement in which both parties agree to not bring any further claims against each other and to withdraw any other proceedings that may have been commenced.

:'''NOTE:''' If there are multiple defendants, a claimant should obtain legal advice to ensure that an agreement with one defendant does not inadvertently release the other defendants from liability.

=== 2. Mediation ===

Mediation is a voluntary process in which an independent, neutral party listens to each party’s position, focuses on the issues in dispute, and assists the parties to come to a settlement agreement. While the mediator plays an active role in ensuring discussion remains productive, the ultimate responsibility for resolving the dispute rests with the parties. The purpose of mediation is not to determine who wins and loses, but to find solutions that meet the needs of the people involved.

Mediation as an alternative to litigation is often a more expedient, less expensive, and more satisfactory route than litigation. In order to mediate outside of the Small Claims Court process, all parties must agree. The parties typically share the cost of mediation.

The CRT’s facilitation process is essentially a mediation. In fulfilling its mandate, the role of the Civil Resolution Tribunal is “to encourage the resolution of disputes by agreement between the parties” (''CRTA'', s 2(3)). The tribunal’s mandate is to provide dispute resolution services in a manner that is accessible, speedy, economical, informal, and flexible (''CRTA'', s 2(2)).

The Small Claims Court requires that parties participate in either a settlement conference or mediation. Both processes are highly successful in resolving disputes and there is no additional cost to either party. For information on these processes, see the [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/small-claims/how-to-guides/mediation-between Small Claims Mediation Guide].

Parties who choose to mediate outside of the Small Claims Court process can choose their mediator ([http://www.mediatebc.com/Find-a-Mediator.aspx Mediate BC website]), resolve the dispute sooner and on a more convenient timeline, and spend more time resolving the dispute than the approximately 2.5 hours allocated by the court. Also, since both parties would have agreed to mediate, settlement is more likely than if mediation is compulsory.

=== 3. Arbitration ===

Arbitration is a voluntary process in which an independent, neutral party will listen to each party’s position and resolve the conflict by choosing one of the party’s positions. If the arbitrator’s decision is binding, the dispute is settled. If the arbitrator’s decision is non-binding, the parties may accept it or proceed to litigation. Arbitration can offer a very quick resolution to disputes and encourages both parties to present reasonable offers in order to increase the likelihood that their proposal will be selected. In order to arbitrate, all parties must agree. The parties typically share the cost of arbitration. The Small Claims Court does not require or provide arbitration; parties who wish to arbitrate must do so on their own ([http://www.bcami.com/ the British Columbia Arbitration and Mediation Institute website]).

{{LSLAP Manual Navbox|type=chapters15-23}}

Do You Have a Small Claim? (20:III)

2026-10-09T20:54:58Z

Nate Russell: 2026 update

{{REVIEWED LSLAP | date= 16 July 2026}}
{{LSLAP Manual TOC|expanded = smallclaims}}

In order to have a legal claim, it must be recognised by the law. A frivolous claim is one that does not disclose a legal cause of action, is incapable of being proven, or is otherwise bound to fail. A vexatious claim is one that is brought in order to annoy, frustrate, or antagonise the defendant. A claim may be both frivolous and vexatious.

If a claim is frivolous or vexatious, the claimant will lose and may be penalised up to 10% of the amount of the claim or counterclaim (''Small Claims Rules'', BC Reg 261/93, 20(5) [SCR]). The penalty could be up to $8,750 on a $35,000 claim; it pays to research your cause of action and limit your claim to the proper amount.

== A. Types of Claims & Remedies ==

It is helpful to research each of the following types of claims to ensure that a claim falls within at least one of them. See Appendix G: Causes of Action for a partial list of specific causes of action. If you are unable to fit your claim into one of the listed categories, you should consult a lawyer to see if you have a cause of action.

=== 1. Tort ===

Torts are offences committed by one person against another. Examples include assault, battery, and negligence. Each tort has its own test and defences. Tort law continues to evolve and a person planning to bring a claim in tort should research what must be proven to be successful and which defences may be available to the defendant. Resources include CanLII.org, the courthouse library, and a practising lawyer.

=== 2. Contract ===

Contract law governs voluntary relationships between parties. It is a complicated and nuanced area of the law and a person planning to bring a claim in contract law should research what must be proven to be successful and which defences may be available to the defendant. Resources include CanLII.org, the courthouse library, and a practising lawyer.

:'''NOTE:''' Courts will generally not enforce illegal contracts or dishonest transactions (See ''[http://canlii.ca/t/1djfx Faraguna v Storoz]'', [1993] BCJ No. 2114). However, ''[http://canlii.ca/t/1gd53 Transport North American Express Inc. v New Solutions Financial Corp.]'', 2004 SCC 7 states that a court may enforce legal portions of a contract, thus effectively severing the illegal portion. A common example involves contracts purporting to charge interest rates prohibited under s 347 of the ''Criminal Code''. The court will not enforce a term in a contract purporting to charge such a rate. (However, section 347.1 exempts payday loans from criminal sanctions, if certain conditions are met; see [[Direct Sales, Future Performance, and Time Share Contracts (11:V)#G. Regulation of Payday Lenders and Criminal Rate of Interest | Section V.G: Regulation of Payday Lenders and Criminal Rate of Interest]] in Chapter 11: Consumer Protection).

=== 3. Equity ===

The usual remedy for torts and breaches of contract is monetary damages. In circumstances where monetary damages are inadequate or where a legal remedy is improper in the circumstances, the court may grant other relief such as an injunction. The Small Claims Court, pursuant to s 2 of the ''Small Claims Act'' RSBC 1996, c 430 [SCA], has a limited jurisdiction to grant equitable remedies. The CRT, pursuant to s 118 of the ''Civil Resolution Tribunal Act'', has the same limited jurisdiction. A party seeking an equitable remedy such as an injunction should consult with a lawyer and will likely need to apply to the Supreme Court for relief.

=== 4. Restitution ===

The law of restitution applies to circumstances where a party has benefited, the other party has suffered a loss as a result, and there is no legal basis for the party to have benefited (''Nouhi v Pourtaghi'', 2022 BCSC 807). The type of claim commonly pursued for a restitution remedy is referred to as “unjust enrichment” and is a complicated and evolving area of the law. A party planning to attain a restitution remedy should consult a lawyer, research what must be proved to be successful, and which defences may be available to the defendant. Resources include CanLII.org, the courthouse library, and a practising lawyer.

=== 5. Statute ===

Certain statutes create a right of action that does not exist in common law. The statute will set out what must be proved, the defences that apply, the types of damages that can be awarded, and how the claim must be brought. A person planning to bring a claim under a statutory cause of action should research the statute as well as how the courts have interpreted it by noting up the applicable provisions. See page 2: “Other Important Statutes”. Resources include CanLII.org, the courthouse library, and a practising lawyer.

=== 6. Declaratory Relief ===

Declaratory relief, whereby the court defines the rights of the parties to resolve legal uncertainties, cannot be claimed at the Provincial Court of British Columbia or the CRT. This includes declarations of who is liable for an accident and then ordering the defendant (often represented by an insurer) to change its liability determination. Parties seeking declaratory relief must do so at the BC Supreme Court (''Supreme Court Civil Rules'', BC Reg 168/2009, 20-4(1)).

== B. Types of Damages ==

Although the Small Claims Court has the jurisdiction to award $35,000, the monetary awards in most cases are significantly less (''Small Claims Court Monetary Limit Regulation'', BC Reg 179/2005). There must be a principled basis for an award of damages and it is helpful to separate a claim into the following types of damages. Ensuring that there is a legal basis for a claim is a critical step as there are penalties for proceeding through a trial in Small Claims Court on a claim that has no reasonable basis for success (''SCR'', s 20(5)).

=== 1. General Damages ===

General damages, also called non-pecuniary damages, are those that are not easy to quantify and for which a judge must assess the amount of money that, in the circumstances, will compensate for the loss. A common example of general damages is “pain and suffering”. The purpose of general damages is to compensate and not to punish; a party should not expect to profit or realise a windfall through an award of general damages. For both general and special damages, the principle of remoteness of damage relates to both tort and contract law cases. Defendants are generally only accountable for harm brought on by their wrongful acts or contractual breaches when that harm was reasonably foreseeable at the time of the conduct in question, or could have been reasonably contemplated to be a consequence of breaching the contractual term. A person planning to claim general damages should be ready to provide evidence of the loss and research the case law to determine how the courts have assessed damages in cases with similar losses and circumstances. Resources include CanLII.org, the courthouse library, and a practising lawyer.

=== 2. Special Damages ===

Special damages are generally quantifiable out-of-pocket expenses that must be specifically claimed and strictly proven (''SCR'', s 20(5)). For example, if a person has been put to expense and has receipts showing the amounts spent, these expenses would be classified as special damages. In a personal injury action, this could be medical bills, or in an action involving faulty equipment, repair bills could be classified as special damages. Each and every expense must be strictly proved with documents or other satisfactory evidence. In ''[https://www.canlii.org/en/bc/bcsc/doc/2013/2013bcsc581/2013bcsc581.html?searchUrlHash=AAAAAQAdUmVkbCB2LiBTZWxsaW4sIDIwMTMgQkNTQyA1ODEAAAAAAQ&resultIndex=1 Redl v. Sellin]'', 2013 BCSC 581, the Court sets out the test with respect to a claimant’s claim for special damages. Generally speaking, claims for special damages are subject only to the standard of reasonableness. As with claims for the cost of future care (see ''[https://www.canlii.org/en/bc/bcsc/doc/2011/2011bcsc982/2011bcsc982.html?searchUrlHash=AAAAAQAeSnVyYXNraSB2LiBCZWVrLCAyMDExIEJDU0MgOTgyAAAAAAE&resultIndex=1 Juraski v. Beek]'', 2011 BCSC 982), when a claimed expense has been incurred in relation to treatment, evidence of medical justification for the expense is a factor in determining reasonableness.

=== 3. Nominal Damages ===

Nominal damages are those where a wrong has been committed but there has been no, or insignificant, damages suffered as a result of the wrong. Certain torts, such as trespass, allow claims for nominal damages however there is little reward and much to be lost. A person who has suffered no damages yet still brings a claim may not recover the costs for bringing a claim that wastes the court’s and the parties’ time and resources. Note that cost awards are limited in small claims cases (''SCR'', s 20(2)) and in CRT cases, legal fees will rarely be awarded (''Civil Resolution Tribunal Rules'', Rule 9.4(3)).

=== 4. Debt ===

Debt is a remedy for breach of contract; see ''[http://canlii.ca/t/5467 Busnex Business Exchange Ltd. v Canadian Medical Legacy Corp.]'', 1999 BCCA 78. The requirement for establishing a debt or ‘liquidated demand’ is that the sum of money is evident or able to be calculated by virtue of the contract. If the amount requires more investigation than mere calculation, the amount is not a debt but ‘damages’.

=== 5. Liquidated Damages ===

Some contracts provide for a genuine pre-estimate of damages in the event of a breach and allow the non-breaching party to claim for that estimate without having to prove the amount they have actually lost. This amount can be recovered as a debt. If the amount of liquidated damages is not a genuine pre-estimate of damages or is manifestly inappropriate in the circumstances, a court may decline to award them. However, the CRT cannot relieve a penalty because it is not a “court” (''Law and Equity Act'', s 24(2)).

=== 6. Statutory Damages ===

Statutory damages are those that arise from a breach by the defendant of an obligation found in a statute. The statute and relevant case law should be examined carefully to determine what damages, if any, may be claimed and the principles for assessing damages. Note, there are few statutory breaches which trigger statutory damages.

=== 7. Aggravated Damages ===

Aggravated damages provide additional compensation where the wrongdoer’s actions have caused mental distress, injury to dignity or injury to pride (''[http://canlii.ca/t/20zgp Campbell v Read]'', 22 BCLR (2d) 214 (CA), 1987 Carswell BC 440). Awards of aggravated damages are rare and depend heavily on the actions of the wrongdoer and the circumstances. Aggravated damages have previously been awarded in cases of aggravated assault and sexual assault (''[http://canlii.ca/t/ft05t Thornber v Campbell]'', 2012 BCSC 1449; ''[http://canlii.ca/t/flvt5 B(A) v D(C)]'', 2011 BCSC 775). Aggravated damages may be relevant in employment or contractual disputes if the “manner” of the breach was done in bad faith (see ''Price v 481530 BC Ltd. et al.'', 2016 BCSC 1940). The claimant must provide actual evidence of mental distress that results from the wrongdoing of the defendant; this does not necessarily mean expert medical evidence of psychological distress is required, but rather that the breach in bad faith is not presumed to inherently give rise to damages as is the case with nominal damages.

A claimant who seeks aggravated damages must ask for aggravated damages in the Notice of Claim (or “Application for Dispute Resolution” in the CRT). Aggravated damages cannot be awarded in addition to the applicable monetary limit at the CRT or small claims.

Aggravated and punitive damages are generally not taxable as income if granted in a settlement or in a judgement, unlike awards for termination or severance pay, for example (''Fawkes v Canada'', 2004 TCC 653). Thus, while it is often difficult to successfully obtain an award of aggravated damages, a claimant should put particular thought and consideration into whether the manner of the wrongdoer’s actions/legal breach were in “bad faith” or improper in some way that caused them mental distress. This could help increase the effective value of a settlement after-tax for low-income claimants.

To avoid any disputes regarding which parts of a settlement are taxable or non-taxable under the ''Income Tax Act'', RSC 1985, c 1 (5th Supp), a settlement should have its damages clearly labelled to delineate which portions of it are comprised of non-taxable aggravated and punitive damages (see ''Fawkes'').

=== 8. Punitive Damages ===

Punitive damages, also called “exemplary damages”, are reserved for conduct that is so abhorrent that the court must impose an additional penalty to punish the wrongdoer and discourage others from engaging in similar conduct (''Honda Canada Inc. v. Keays'', 2008 SCC 39). Punitive damages are '''rarely''' awarded.

A claimant who seeks punitive damages must ask for punitive damages in the Notice of Claim (or “Application for Dispute Resolution” in the Civil Resolution Tribunal). Punitive damages '''cannot''' be awarded in addition to the monetary limit.

== C. Limitation Periods ==

===1. Limitation Act===

After a certain amount of time has passed, a person loses the right to commence a claim. The amount of time that must pass before the limitation period expires depends on which act applies to the claim.

The ''Limitation Act'', SBC 2012, c 13 [Limitation Act] came into effect on June 1, 2013. A claim is governed by this Act if the claim was discovered after this date. Under the ''Limitation Act'', s 6(1), the basic limitation period that applies to most claims is 2 years after the day on which the claim is discovered.

Discovery occurs the day on which the claimant knew or reasonably ought to have known all of the following:

* That injury, loss or damage had occurred;
* That the injury, loss or damage was caused by or contributed to by an act or omission;
* That the act or omission was that of the person against whom the claim is or may be made; and
* That, having regard to the nature of the injury, loss or damage, a court proceeding would be an appropriate means to seek to remedy the injury, loss or damage (''Limitation Act'', s 8).

It is important to note that s 8 imports an objective standard of reasonableness to “discovery”. This means that, if a claim is not actually (subjectively) discovered by the claimant at some date, but a reasonable person would have discovered it at some earlier date, then the limitation period’s clock starts ticking at that earlier reasonable date of discovery (“discoverability”).

However, there are also certain situations where the date of discovery is deemed to be a later date, or where the limitation period is suspended. Under s. 24(1) of the Limitation Act, acknowledgement of liability by the person against whom the claim is made resets the running of the period to the day the acknowledgement is made. The kind of acknowledgement that qualifies here is strictly defined in s. 24(6). Under s. 25(1), the basic limitation period and ultimate limitation period applicable to the claim do not run if the claimant becomes a person with a disability, while the person continues to be a person under a disability.

For more information, refer to '''Appendix F: Limitation Periods''' or consult a lawyer.

===2. Changes due to COVID-19===
:'''NOTE:''' Due to COVID-19, limitation dates were temporarily suspended. However, as of March 25, 2021, the suspension has been lifted, and limitations dates function as per usual.

To calculate limitations dates that were affected by COVID-19, please refer below guidelines for calculating BC limitation periods from the [https://www.lif.ca/about-us/news/notices-to-lawyers/2021/suspension-of-limitation-periods-%E2%80%93-your-questions/ Law Society of BC website].
* If the limitation period would normally have expired between March 26, 2020 and March 25, 2021, add one year to the expiry year of the limitation period. Thus, persons have the same amount of time remaining after the suspension of limitation periods as they did before.
* If the cause of action arose before March 26, 2020 and would normally expire after March 26, 2021, add one year to the expiry year of the limitation period.
* If the cause of action arose after the suspension of limitation periods but before March 25, 2021, then the limitation period expires March 26, 2023. In this way, a limitation period that began to run during the suspension starts to run when the suspension is lifted.

The CRT remained open and operating normally during the COVID-19 pandemic. The automatic suspension of limitation dates did not apply to the CRT.

{{LSLAP Manual Navbox|type=chapters15-23}}

Governing Legislation and Resources for Small Claims (20:II)

2026-10-09T20:53:45Z

Nate Russell: 2026 update

{{REVIEWED LSLAP | date= 16 July 2026}}
{{LSLAP Manual TOC|expanded = smallclaims}}

== A. Legislation and Resources ==

=== 1. Legislation ===

==== Corporations ====

''Business Corporations Act'', SBC 2002, c 57. Website: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/02057_00

''Canada Business Corporations Act'', RSC 1985, c C-44. Website: http://laws-lois.justice.gc.ca/eng/acts/c-44/

==== Cooperative Associations & Societies ====

''Cooperative Association Act'', SBC 1999, c 28. Website: http://www.bclaws.ca/Recon/document/ID/freeside/00_99028_01

''Societies Act'', SBC 2015, c 18. Website: http://www.bclaws.ca/civix/document/id/complete/statreg/15018_01

==== Consumer Protection ====

''Business Practices and Consumer Protection Act'', SBC 2004, c 2. Website: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/04002_00

==== Judgments ====

''Court Order Enforcement Act'', RSBC 1996, c 78. Website: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96078_01

''Court Order Interest Act'', RSBC 1996, c 79. Website: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96079_01

''The Enforcement of Canadian Judgments and Decrees Act'', SBC 2003, c 29. Website: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_03029_01

==== Court Rules ====

''Bill 19, Civil Resolution Tribunal Amendment Act, 2015'', 4th Sess, 40th Parl, British Columbia, 2015 (assented to May 14th, 2015).
Website: http://www.bclaws.ca/civix/document/id/lc/billsprevious/4th40th:gov19-1

''Civil Resolution Tribunal Act'', SBC 2012, c 25. Website: https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/12025_01

''Civil Resolution Tribunal Rules'' (effective February 1, 2026). Website: https://civilresolutionbc.ca/wp-content/uploads/CRT-Standard-Rules-effective-February-1-2026.pdf

''Court of Appeal Act'', SBC 2021, c 6. Website: https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/21006

''Court Rules Act'', RSBC 1996, c 80. Website: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96080_01

''Judicial Review Procedure Act'', RSBC 1996, c 241. Website: http://www.bclaws.ca/civix/document/id/roc/roc/96241_01

''Small Claims Act'', RSBC 1996, c 430. Website: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96430_01

''Small Claims Rules'', BC Reg 261/93. Website: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/261_93_00b

''Supreme Court Act'', RSBC 1996, c 443. Website: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96443_01

''Supreme Court Civil Rules'', BC Reg 168/2009. Website: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/168_2009_00

==== Other Important Statutes ====

''Apology Act'', SBC 2006, c 19. Website: http://www.bclaws.ca/Recon/document/ID/freeside/00_06019_01

''Bank Act'', SC 1991, c 46. Website: https://laws-lois.justice.gc.ca/eng/acts/B-1.01/page-1.html

''Bankruptcy and Insolvency Act'', RSC 1985, c B-3. Website: https://laws-lois.justice.gc.ca/eng/acts/B-3/page-1.html

''Court Jurisdiction and Proceedings Transfer Act'', SBC 2003, c 28. Website: https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/03028_01

''Crown Proceeding Act'', RSBC 1996, c 89. Website: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96089_01

''Employment Standards Act'', RSBC 1996, c 113. Website: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96113_01

''Evidence Act'', RSBC l996, c 124. Website: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96124_01

''Insurance (Vehicle) Act'', RSBC 1996, c 231. Website: https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96231_01

''Intimate Images Protection Act'', SBC 2023, c 11. Website: https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/23011#section1

''Law and Equity Act'', RSBC 1996, c 253. Website: https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_96253_01

''Limitation Act'', SBC 2012, c 13. Website: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_12013_01

''Local Government Act'', RSBC 1996, c 323. Website: http://www.bclaws.ca/civix/document/id/complete/statreg/r15001_00

''Motor Vehicle Act'', RSBC 1996, c 318. Website: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/96318_00

''Negligence Act'', RSBC 1996, c 333. Website: http://www.bclaws.ca/civix/document/id/complete/statreg/96333_01

''Occupier’s Liability Act'', RSBC 1996, c337. Website: http://www.bclaws.ca/civix/document/id/complete/statreg/96337_01

''Personal Property Security Act'', RSBC 1996, c 359. Website: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96359_01

''Privacy Act'', RSBC 1996, c 373. Website: http://www.bclaws.ca/Recon/document/ID/freeside/00_96373_01

''Real Estate Services Act'', SBC 2004, c 42. Website: http://www.bclaws.ca/civix/document/id/complete/statreg/04042_01

''Residential Tenancy Act'', SBC 2002, c 78. Website: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01

''Sale of Goods Act'', RSBC 1996, c 410. Website: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96410_01

''Strata Property Act'', SBC 1998, c 43. Website: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/98043_01

''Wills, Estates and Succession Act'', SBC 2009, c 13. Website: http://www.bclaws.ca/civix/document/id/complete/statreg/09013_01

=== 2. Books ===

Bullen, Leake, Jacob, and Goldrein. ''Bullen and Leake and Jacob’s Precedents of Pleadings'', 15th ed. (London: Sweet and Maxwell, 2004).

Burdett, E. (Ed.). ''Small Claims Act and Rules—Annotated''. (Vancouver, B.C.: The Continuing Legal Education Society of British Columbia, Dec 2014).

Celap, M. and Larmondin, P.J. ''Small Claims Court for the Everyday Canadian''. (North Vancouver, B.C.: Self-Counsel Press, 2000).

Fraser, Horn and Griffen. ''The Conduct of Civil Litigation in British Columbia''. 2nd ed. (Markham: Butterworths, 2007).

Keating, M. ''Small Claims Court Guide for British Columbia''. (North Vancouver, B.C.: Self-Counsel Press, 1992).

Martinson, D.J. (Manual Coordinator). ''Small Claims Court—1994''. (Vancouver, B.C.: The Continuing Society of British Columbia, April 1994).

Mauet, Casswell, and MacDonald. ''Fundamentals of Trial Techniques'' 2d Canadian ed. (Toronto: Little Brown, 1995).

McLachlin and Taylor, ''British Columbia Court Forms''. (Markham, Ont.: LexisNexis Canada, 2005).

Moore Publishing. (Ed.) ''Small Claims Practice Manual'', 3rd Ed. (Richmond, B.C.: Moore Publishing Ltd, 1999).

UBC Law Review Society. (Eds.) ''Table of Statutory Limitations for the Province of British Columbia, Revised and Consolidated''. (Vancouver, B.C.: University of British Columbia Law Review Publication, 2006).

Vogt, J. (Ed.). ''Provincial Court Small Claims Handbook''. (Vancouver, B.C.: The Continuing Legal Education Society of British Columbia, January 1997).

=== 3. Websites ===

'''British Columbia Court of Appeal and Supreme Court Judgment Database'''
Website: https://www.bccourts.ca/search_judgments.aspx

'''CanLII''' - Caselaw and legislation database.
Website: https://www.canlii.org/en/

'''Civil Resolution Tribunal'''
Website: https://civilresolutionbc.ca/

'''Civil Resolution Tribunal (Solutions Explorer)'''
Website: https://civilresolutionbc.ca/solution-explorer/

'''Civil Resolution Tribunal Fees'''
Website: https://civilresolutionbc.ca/resources/crt-fees/

'''Provincial Courthouses Directory'''
Website: https://smallclaimsbc.ca/court-locations
* Contains Small Claims Court locations
* Note: www.smallclaimsbc.ca is run by the Justice Education Society and gives information on Small Claims court. It is not run by the small claims court itself.

'''Small Claims Court'''
Website: http://www2.gov.bc.ca/gov/content/justice/courthouse-services/small-claims

'''Small Claims Fees'''
Website: http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/261_93_05b

'''Small Claims Forms'''
Website: http://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/small-claims-forms

'''Small Claims Pilot Project'''
Website: http://www2.gov.bc.ca/gov/content/justice/courthouse-services/small-claims/pilot

=== 4. Other Resources ===

==== UBC Law Library ====
*Most of the books listed above are available in the Law Library. The ''Small Claims Acts and Rules Annotated'' and the ''Provincial Court Small Claims Handbook'', published by the Continuing Legal Education Society (CLE), are recent publications written by Small Claims Court judges. They include the Act, Rules, and copies of all of the forms. Students can access an online edition of the ''Provincial Court Small Claims Handbook'' on the [http://law.library.ubc.ca/ UBC Law Library website].

==== Court Registry ====
*The Small Claims Court registry staff does not give legal advice, but they are experienced with the rules and procedures and are helpful. See [[Small_Claims_Registries_(20:App_A) | Appendix A: Small Claims Registries]].

==== Online Help Guide Small Claims BC ====
*https://smallclaimsbc.ca/ is a website run by Justice Education Society (JES) with guidelines for small claims processes from start to finish.

==== DIAL-A-LAW ====
*DIAL-A-LAW ((604) 687-4680 or 1-800-565-5297) is a library of pre-recorded messages on a variety of legal topics available by telephone 24 hours a day, seven days a week. Funded by the Law Foundation of BC, Dial-A-Law was previously operated by the Canadian Bar Association, BC Branch. The information is reviewed by lawyers and updated regularly. Several tapes deal with Small Claims Court. The content of the tapes is also available online: https://dialalaw.peopleslawschool.ca/

==== Company Search ====

To search for a '''provincially''' regulated company, you may request a company or society search in person:

'''Surrey Board of Trade'''

{{ResourcesLSLAP_addressphone
| address = 101 – 14439 104th Ave <br /> Surrey, BC V3R 1M1
| phone = (604) 581-7130 <br /> Toll-free: 1-866-848-7130
}}

'''Small Business B.C.'''

{{ResourcesLSLAP_addressphone
| address = 54 - 601 West Cordova St <br /> Vancouver, BC V6B 1G1
| phone = (604) 775-5525 <br /> Toll-free in B.C.: 1-800-667-2272
}}

'''BC Registry Services'''

{{ResourcesLSLAP_addressphone
| address = 940 Blanshard Street <br /> Victoria, BC V8W 2H3
| phone = (250) 387-7848 <br /> Vancouver: (604) 660-2421 <br /> Toll-free in B.C.: 1-877-526-1526
}}

Mailing: P.O. Box 9431 <br /> Station Provincial Government <br /> Victoria, BC V8W 9V3

For more information about searching for provincial companies, refer to:
*http://orgbook.gov.bc.ca/search
*http://www.bcregistryservices.gov.bc.ca/
*http://www.bconline.gov.bc.ca (online feature now available by opening a new account).

Partnerships and non-profit societies are also registered in the company directory and would show up in a search. In cases that involve franchises, it is important to do a company search to see how the other party is registered; it may be possible to sue the parent company and the individual who owns the franchise rights. The search costs $10, and cheques and/or money orders should be made payable to the Minister of Finance at:

BC Registries and Online Services<BR>
Courier: 200 - 940 Blanshard Street, Victoria, BC V8W 3E6<BR>
Mail: PO Box 9431 Stn Prov Govt, Victoria, BC V8W 9V3

'''If Unincorporated:'''

{{ResourcesLSLAP
| address = City of Vancouver Licence Office <br /> 515 West 10th Ave <br /> Vancouver, BC V5Z 4A8
| phone = (604) 873-7611
| online = [http://vancouver.ca/doing-business/licenses-and-permits.aspx Website]
}}

To search for a '''federally''' regulated company, refer to:

{{ResourcesLSLAP
| address = Industry Canada <br /> C.D. Howe Building <br /> 235 Queen Street <br /> Ottawa, Ontario K1A 0H5
| online = [http://www.ic.gc.ca Website]
}}

A collection of useful company directories can be found on the Industry Canada website under the “Programs and Services” heading. Federal corporations can be searched free of charge online.

:'''NOTE:''' If the defendant is a business, it may be worth checking if that defendant has declared bankruptcy. To do so contact Industry Canada’s Head Office of the Superintendent of Bankruptcy at (613) 941-2863 for free.

==== Translation and Support Services ====

To find support services and resources, including agencies and people that can provide translation services, please visit:

'''MOSAIC''' (Personal/Legal Translation Services)

{{ResourcesLSLAP
| address = 5575 Boundary Road <br /> Vancouver, BC V5L 2Y7
| phone = (604) 254-0469 Toll-free: 1-877-475-6777 <br /> Fax: (604) 254-2321 Toll-free fax: 1-877-254-2321
| online = [http://www.mosaicbc.org Website] <br /> Email: personal@mosaicbc.org
}}

'''Society of Translators and Interpreters of B.C.'''

{{ResourcesLSLAP_phoneonline
| phone = (604) 684-2940 <br /> Fax: (604) 684-2947
| online = [http://www.stibc.org Website]
}}

'''DIVERSEcity'''

{{ResourcesLSLAP_phoneonline
| phone = (604) 597-0205 <br /> Fax: (604) 597-4299
| online = [http://www.dcrs.ca Website] <br /> Email: info@dcrs.ca
}}

'''WelcomeBC'''

{{ResourcesLSLAP_phoneonline
| phone = (604) 660-2421 <br /> Toll Free: 1-800-663-7867
| online = [http://www.welcomebc.ca Website]
}}

'''OPTIONS'''

Guildford Location
{{ResourcesLSLAP_phoneonline
| address = 9815 – 140th street, Carole Wahl Building <br /> Surrey, BC V4T 4M4
| phone = (604) 584-5811 <br /> Fax: (604) 584-7628
| online = [http://www.options.bc.ca/ Website]
}}

Newton Location
{{ResourcesLSLAP_phoneonline
| address = 13520 – 78th avenue <br /> Surrey, BC V3W 8J6
| phone = (604)-596-4321 <br /> Fax: (604)-572-7413
| online = [http://www.options.bc.ca/ Website]
}}

'''S.U.C.C.E.S.S.''' Translation & Interpretation

{{ResourcesLSLAP_phoneonline
| address = 28 West Pender Street <br /> Vancouver, BC
| phone = (604)-408-7274 ext 2042
| online = [http://www.successbc.ca/ Website]
}}

'''Westcoast Association of Visual Language Interpreters'''

{{ResourcesLSLAP_online
| online = [http://www.wavli.com/ Website]
}}

'''Citizenship and Immigration Canada'''

{{ResourcesLSLAP_phoneonline
| phone = 1-888-242-2100
| online = [http://www.cic.gc.ca/english/index-can.asp Website]
}}

'''Affiliation of Multicultural Societies and Service Agencies of B.C.'''

{{ResourcesLSLAP_phoneonline
| phone = (604) 718-2780 or 1-888-355-5560 <br /> Fax: (604) 298-0747
| online = [http://www.amssa.org/ Website]
}}

'''Immigrant Services Society of B.C.'''

Head Office
{{ResourcesLSLAP_phoneonline
| address = 2610 Victoria Drive <br /> Vancouver, BC V4N 44L2
| phone = (604) 684-2561 <br /> Fax: (604) 684-2266
| online = [http://www.issbc.org Website]
}}

Vancouver (Terminal) Location
{{ResourcesLSLAP_phoneonline
| address = #601-333 Terminal Ave. <br /> Vancouver, BC V6A 4C1
| phone = (604) 684-2561 <br /> Fax: (604) 684-2266
| online = [http://www.issbc.org Website] <br /> Email: info@issbc.org
}}

{{LSLAP Manual Navbox|type=chapters15-23}}

Introduction to Small Claims (20:I)

2026-10-09T20:53:22Z

Nate Russell:

{{REVIEWED LSLAP | date= 16 July 2026}}
{{LSLAP Manual TOC|expanded = smallclaims}}

Most people with legal claims under $35,000 are not lawyers and do not have the benefit of legal representation. It can be challenging to choose how to resolve a dispute and how much to claim. While this guide primarily focuses on the Small Claims Court, it briefly reviews other options for resolving disputes, including the Civil Resolution Tribunal (CRT) for Small Claims up to $5,000 in British Columbia. On April 1, 2019, the CRT’s jurisdiction expanded to include certain claims about motor vehicle accidents, including liability and damages claims up to $50,000, minor injury determinations, and accident benefits. This chapter of the manual only covers small claims at provincial court and the CRT’s small claims jurisdiction, not the accident claims jurisdiction. The jurisdiction for motor vehicle accidents is complicated.

If you are a party to a small claims action or proceeding, take the time to read this guide in its entirety. If you fail to comply with the rules, the process may be delayed, your claim or defence may be weakened, and you may be liable to pay costs and penalties to the other party. Reading this guide will help you be more prepared and minimize confusion.

This guide is meant to explain the general Small Claims Court process; it is not legal advice. Read the guide along with the Small Claims Court Rules and the Civil Resolution Tribunal Rules and obtain legal advice where necessary.

[[Image:Small_Claims_Avenues_JES.png|frameless|center|1000px|<span style="font-size:60%;">Figure: ''Is Small Claims Court for Me?'' from Justice Education Society’s Small Claims BC Online Help Guide: https://smallclaimsbc.ca/overview/small-claims-court-me </span>]]

The directions and protocols for the Small Claims Court's appearances are currently the following:

* As of July 18th, 2022, BC Provincial court’s operations moved away from telephone/Teams audioconferences as the default method of appearance. Some appearances continue to be remote. For the default method of attendance for each appearance, see "Notices, policies, practice directions" on the BC Provincial Court website https://www.provincialcourt.bc.ca/news-notices-policies-and-practice-directions/notices-policies-practice-directions and "SM CL 02 Default Method of Attendance for Court Appearances Under the Small Claims Rules."

* For small claims trials, including Rule 9.1 simplified trials, and Rule 9.2 summary trials, and Rule 13 default hearings, payment hearings, and Applications to a judge that require a hearing, the default method of hearing and appearance will be in-person, unless a judge otherwise orders or directs.

* For small claims settlement conferences and trial conferences, the default method of appearance is Microsoft Teams unless otherwise stated.

For the latest updates, we recommend you contact the court registry or visit: https://www.provincialcourt.bc.ca/.

{{LSLAP Manual Navbox|type=chapters15-23}}

Introduction to Small Claims (20:I)

2026-10-09T19:57:20Z

Nate Russell: 2026 update

{{REVIEWED LSLAP | date= 11 July 2026}}
{{LSLAP Manual TOC|expanded = smallclaims}}

Most people with legal claims under $35,000 are not lawyers and do not have the benefit of legal representation. It can be challenging to choose how to resolve a dispute and how much to claim. While this guide primarily focuses on the Small Claims Court, it briefly reviews other options for resolving disputes, including the Civil Resolution Tribunal (CRT) for Small Claims up to $5,000 in British Columbia. On April 1, 2019, the CRT’s jurisdiction expanded to include certain claims about motor vehicle accidents, including liability and damages claims up to $50,000, minor injury determinations, and accident benefits. This chapter of the manual only covers small claims at provincial court and the CRT’s small claims jurisdiction, not the accident claims jurisdiction. The jurisdiction for motor vehicle accidents is complicated.

If you are a party to a small claims action or proceeding, take the time to read this guide in its entirety. If you fail to comply with the rules, the process may be delayed, your claim or defence may be weakened, and you may be liable to pay costs and penalties to the other party. Reading this guide will help you be more prepared and minimize confusion.

This guide is meant to explain the general Small Claims Court process; it is not legal advice. Read the guide along with the Small Claims Court Rules and the Civil Resolution Tribunal Rules and obtain legal advice where necessary.

[[Image:Small_Claims_Avenues_JES.png|frameless|center|1000px|<span style="font-size:60%;">Figure: ''Is Small Claims Court for Me?'' from Justice Education Society’s Small Claims BC Online Help Guide: https://smallclaimsbc.ca/overview/small-claims-court-me </span>]]

The directions and protocols for the Small Claims Court's appearances are currently the following:

* As of July 18th, 2022, BC Provincial court’s operations moved away from telephone/Teams audioconferences as the default method of appearance. Some appearances continue to be remote. For the default method of attendance for each appearance, see "Notices, policies, practice directions" on the BC Provincial Court website https://www.provincialcourt.bc.ca/news-notices-policies-and-practice-directions/notices-policies-practice-directions and "SM CL 02 Default Method of Attendance for Court Appearances Under the Small Claims Rules."

* For small claims trials, including Rule 9.1 simplified trials, and Rule 9.2 summary trials, and Rule 13 default hearings, payment hearings, and Applications to a judge that require a hearing, the default method of hearing and appearance will be in-person, unless a judge otherwise orders or directs.

* For small claims settlement conferences and trial conferences, the default method of appearance is Microsoft Teams unless otherwise stated.

For the latest updates, we recommend you contact the court registry or visit: https://www.provincialcourt.bc.ca/.

{{LSLAP Manual Navbox|type=chapters15-23}}

Guidelines and Resources for Landlord and Tenant Law (19:XVII)

2026-10-09T19:45:58Z

Nate Russell: 2026 update

{{REVIEWED LSLAP | date= 22 July 2026}}
{{LSLAP Manual TOC|expanded = landlord}}

== A. The Residential Tenancy Branch ==

The ''Residential Tenancy Act'', SBC 2002, c 78 ['''RTA'''] and ''Residential Tenancy Regulation'' [''RTR''], BC Reg 477/2003 as well as the rules of procedure are amended occasionally; check the Residential Tenancy Branch (RTB) website ([http://www.gov.bc.ca/landlordtenant www.gov.bc.ca/landlordtenant]) to get the most up to date information, including current forms, fees, and Policy Guidelines.

=== 1. Main Office ===

Address: 400 - 5021 Kingsway, Burnaby, BC, V5H 4A5

Office Hours: M – F 9:00 AM – 4:00 PM

Website: https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/help

=== 2. Information Line ===

Metro Vancouver: 604-660-1020

Victoria: 250-387-1602

Elsewhere in BC: 1-800-665-8779

Fax: 604-660-2363

Email: [mailto:HSRTO@gov.bc.ca HSRTO@gov.bc.ca]

=== 3. Residential Tenancy Information Sheets ===

Website: https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/calculators-and-resources/information-sheets-resources

=== 4. RTB Calculators ===

Help in calculating rent increases, dates, deposits and more.

Website: https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/calculators-and-resources/tenancy-calculators

== B. Resources ==

=== 1. Tenant Resource & Advisory Centre (TRAC) ===

Provides a variety of publications relating to tenant law, including the Tenant Survival Guide (also available online as a wikibook via the Clicklaw website: [https://wiki.clicklaw.bc.ca/index.php/Tenant_Survival_Guide https://wiki.clicklaw.bc.ca/index.php/Tenant_Survival_Guide]).

Website: [http://www.tenants.bc.ca www.tenants.bc.ca]

=== 2. BC Housing ===

Information for tenants living in public, subsidized housing.

Address: Suite 101 - 4555 Kingsway, Burnaby, BC, V5H 4V8

Toll-free: 1-800-257-7756

Website: [http://www.bchousing.org www.bchousing.org]

=== 3. LandlordBC ===

Direct: 1-888-330-6707
E-mail: [mailto:info@landlordbc.ca info@landlordbc.ca]

Website: [http://www.landlordbc.ca www.landlordbc.ca]

==== a) Vancouver Office ====

Address: 1210-1095 West Pender Street, Vancouver, BC, V6E 2M6

Telephone: 604-733-9420

Fax: 604-733-9420

==== b) Victoria Office ====

Address: 830B Pembroke Street, Victoria, BC, V8T 1J9

Telephone: 250-382-6324

Fax (Local): 250-382-6006

Fax (Toll-Free): 1-877-382-6006

=== 4. Shelter Aid for Elderly Renters (SAFER) ===

The SAFER program is a rental assistance program administered by BC Housing. It is intended to help senior citizens over 60. Applicants must be Canadian citizens, authorized to take up permanent residence in Canada, or Convention refugees. Applicants must have lived in BC for at least one year prior to applying. An applicant must also be paying over 30 percent of their income towards rent. There is a gross monthly income requirement that varies depending on the location of residence and is subject to being updated.

Residents of subsidized housing, cooperative housing, and manufactured homes (unless they are renting both the trailer home and the pad) do not qualify for the SAFER program.

More information and application forms are available from B.C. Housing. Application forms are available in English and Chinese. Application forms may be obtained from SAFER’s webpage at

https://www.bchousing.org/housing-assistance/rental-assistance/SAFER, or by contacting B.C. housing:

=== 5. BC Housing Corporation’s Family Rental Assistance Program (RAP) ===

The Rental Assistance Program provides eligible low-income, working families with at least one dependent child with assistance to help pay their rent. The maximum gross annual household income level is $ 40,000. A child up to age 25 qualifies as dependant as long as the child is attending school. A child of any age with mental or physical infirmity is accepted as a dependant.

For a rental assistance calculator as well as other information and application forms, see http://www.bchousing.org/Options/Rental_market/RAP or contact BC Housing.

=== C. Books ===

Margaret Carter-Pyne, ''Residential Tenancy Law in British Columbia: Everything you need to know to prevent a disaster'' (Victoria, BC: Sunnymead Publishing, 2009).
*A useful resource for tenants in preparing for a hearing.

Allan Wotherspoon, ''Annotated British Columbia Residential Tenancy Act'' (Aurora, ON: Canada Law Book, 2005).
*This is a loose-leaf volume updated once or twice annually.

CCH ''British Columbia Real Estate Law Guide'', Robert J. Maguire, Rose H. McConnell, loose-leaf (Toronto, ON: CCH, undated).
*A summary of the state of the ''RTA'' and ''RTR''.

{{LSLAP Manual Navbox|type=chapters15-23}}

Tenancy and Manufactured Homes (19:XVI)

2026-10-09T19:40:40Z

Nate Russell: 2026 update

{{REVIEWED LSLAP | date= 22 July 2026}}
{{LSLAP Manual TOC|expanded = landlord}}

== A. General ==

The ''[https://canlii.ca/t/84ll Manufactured Home Park Tenancy Act]'', ''(MHPTA)'' applies to owners of manufactured home parks and owners of manufactured homes who rent the sites on which their homes sit. The ''MHPTA'' only applies if a tenant rents the site or “pad” that their manufactured home sits on. If the tenant rents both the pad and the home itself from an owner, then they are covered by the ''RTA'', not the ''MHPTA''.

A landlord may authorize assignment or sublease of a manufactured home park site in a tenancy agreement. The agreement should also include information about the proportionate amount of increases to regulated utilities and local government levies. The inflation rate for each calendar year is available on the RTB website. See the ''[https://canlii.ca/t/85s0 Manufactured Home Park Tenancy Regulations]''.

== B. Definitions ==

=== 1. Common Area ===

A Common Area is defined as any part of a manufactured home park the use of which is shared by tenants or by a landlord and one or more tenants.

=== 2. Landlord ===

Includes the owner of the manufactured home site; the owner’s agent or another person who permits occupation of the manufactured home site under a tenancy agreement on the landlord’s behalf; the owner’s heirs, assignees, personal representatives and successors in title; a person, other than a tenant whose manufactured home occupies the manufactured home site, who is entitled to possession of the manufactured home site and exercises any of a landlord’s rights under a tenancy agreement or the ''MHPTA'' in relation to the manufactured home site.

=== 3. Manufactured Home ===

Means a structure, that is designed, constructed or manufactured to be moved from one place to another by being towed or carried, and used or intended to be used as living accommodation regardless of if it is equipped with wheels.

=== 4. Manufactured Home Site ===

This is a site in a manufactured home park, rented or intended to be rented to a tenant for the purpose of being occupied by a manufactured home.

=== 5. Cannabis ===

With the legalization of cannabis in BC, changes to the ''MHPTA'' were implemented around growing and smoking cannabis.

*If a tenancy agreement included a “no smoking” clause prior to October 17, 2018, and did not explicitly allow for smoking cannabis, then the “no smoking” clause is deemed to apply to smoking cannabis. This also applies to any clauses that restrict or regulate smoking. (''MHPTA'' s 18.1 (2))
**For ''MHPTA'' s 18.1 (2), vaporizing a substance containing cannabis is not “smoking cannabis.”
*All existing tenancy agreements entered prior to October 17, 2018, are implied to have terms prohibiting growing cannabis on the '''outdoor areas or common areas of the home park or home site''' unless:
:# the tenant is growing, in an outdoor area of the manufactured home park, one or more cannabis plants that are medical cannabis,
:# growing the plants is not contrary to a term of the tenancy agreement, and
:# the tenant is authorized under applicable federal law to grow the plants at the manufactured home park and the tenant follows the requirements under that law with respect to the medical cannabis.

== C. Moving In and Moving Out ==

Landlords may require a tenant to provide proof of third-party liability insurance held by the mover as security against damages caused by the move of a home into a park or out of a park (''MHPTA'', s 29).

Prior to a person’s entering into a tenancy agreement with a landlord, the landlord must disclose in writing to that person all rules in effect at the time of their entering into the tenancy agreement.

According to ''MHPTA'' s 30, when moving out the tenant must leave the manufactured home site reasonably clean and give the landlord all the keys or other means of access to or within the manufactured home park that are in the tenant’s possession.

:'''NOTE:''' “To and within the manufactured home park” means that keys or other such items that unlock, for example, a bathroom within the home park are also included in the category controlled by ''MHPTA'' s 30.

== D. Deposits ==

=== 1. Security Deposits ===

A landlord cannot require or accept a security deposit in respect of a manufactured home site tenancy. If a landlord accepts a security deposit from a tenant, the tenant may deduct the amount of the security deposit from rent or otherwise recover the amount (''MHPTA'', s 17). If a security deposit was collected before the ''MHPTA'' became effective in November 2002, it may be retained until the end of tenancy.

A landlord who does not return or file a claim against the deposit at the end of tenancy could be required to pay the tenant double the amount of the deposit.

=== 2. Pets ===

Landlords may not charge pet damage deposits but may include terms in the tenancy agreement that prohibits pets or restricting the size, kind, and number of pets. Landlords may also add terms that govern the tenant’s obligation regarding keeping their pets on the manufactured home site.

=== 3. Fees===

==== a) Prohibited Fees ====

A landlord must not charge (''MHPTA'', s 89(2)(k); ''MHPTR'', s 3):
* a guest fee, regardless of if the guest stays overnight; or
* a fee for replacement keys or other access devices if the replacement is required because the landlord changed the locks or other means of access.

==== b) Refundable Fees ====

So long as an access device is not a tenant’s sole means of access to the manufactured home park, a landlord may charge a refundable fee for that device. The fee cannot be greater than the direct cost of replacing the access device.

Some non-refundable fees are permissible (e.g., a $25 charge for late payment of rent or NSF cheques) if the fees are identified in the tenancy agreement. A list of permissible non-refundable fees is listed in the ''Manufactured Home Park Tenancy Regulations (MHPTR)'' s 5.

== E. During the Tenancy ==

=== 1. Rent Increases ===

==== a) Amount ====

Usually, landlords can increase rent annually by a percentage equal to the Consumer Price Index (CPI) plus the proportionate increase in local government levies and regulated utilities (''MHPTA'', s 36(1)(a) and see ''MHPTR'' Part 5). The maximum allowable annual rent increase for 2026 is set at 2.3%. The provincial government has a [https://www.housing.gov.bc.ca/rtb/WebTools/RentIncrease.html rent calculator] to check what the rent increase should be.

:'''NOTE:''' A landlord may apply under s 36 of the ''MHPTA'' for an additional rent increase above the rent increase formula but can only do so under certain circumstances: see ''MHPTR'', s 33(1) for a list of requirements for when the landlord is allowed to do so.

==== b) Notice ====

A landlord must give a tenant notice of a rent increase at least three months before the effective date of the increase. The notice of increase must also be in the approved form. If the increase does not meet these two requirements, the notice takes effect on the earliest date that it does comply (''MHPTA'', s 35(2)).

==== c) Timing ====

A rent increase cannot be imposed for at least 12 months after whichever of the following applies (''MHPTA'', s 35(1)):
* if the tenant’s rent increase has not previously been increased, the date on which the tenant’s rent was first established; or
* if the tenant’s rent has previously been increased, the effective date of the last rent increase made in accordance with this ''MHPTA''.

== F. Manufactured Home Park Rules and Committee ==

In accordance with s 31 - 33 of the ''MHPTA'' and the associated regulations, the landlord and tenants of a manufactured home park may establish and select the members of a park committee. A park committee must make all its decisions by unanimous agreement of all members of the committee (''MHPTR'' s 22), except resolutions regarding secret ballots made under ''MHPTR'', s 23(8), which must be decided by majority vote.

A park committee, or if none exist, the landlord, may establish, change or repeal a rule if it is reasonable in the circumstances and if the rule has one of the following effects (''MHPTR'', s 30):
* it promotes the convenience or safety of the tenants;
* it protects and preserves the condition of the manufactured home park or the landlord’s property;
* it regulates access to or fairly distributes a service or facility; or
* it regulates pets in common areas.

The rule must not be inconsistent with the ''MHPTA'' or the regulations. A rule established, or changed is enforceable against a tenant only if (''MHPTR'' s 30(3)):

* the rule applies to all tenants in a fair manner;
* the rule is clear enough that a reasonable tenant can understand how to comply with the rule;
* notice of the rule is given to the tenant in accordance with s 29 (disclosure); and
* the rule does not change a material term of the tenancy.

== G. Tenancy Agreements ==

Landlords and tenants may agree to any term so long as the term is not contrary to or an attempt to avoid or contract out of the ''MHPTA'' or the regulations. Any attempt to avoid or contract out of the MHPTA or regulations is of no effect (''MHPTA'', s 5). Furthermore, a term will not be enforced if it is found to be unconscionable, or the term is not expressed in a manner that clearly communicates the rights and obligations under it. The rights and obligations established by or under the ''MHPTA'' are enforceable between a landlord and tenant under a tenancy agreement.

=== 1. Liability for Non-compliance ===

If a landlord or tenant does not comply with the ''MHPTA'', the regulations, or their tenancy agreement, the non-complying landlord or tenant must compensate the other for damage or loss that results (s 7(1)).

:'''NOTE:''' The innocent party always has a duty to mitigate their losses.

=== 2. Tenant’s Right to Quiet Enjoyment ===

A tenant is entitled to quiet enjoyment including but not limited to the following (''MHPTA'', s 22):

* reasonable privacy;
* freedom from unreasonable disturbance;
* exclusive possession of the manufactured home site subject only to the landlord's right to enter the manufactured home site in accordance with ''MHPTA'' section 23; and
* use of the common areas for reasonable and lawful purposes, free from significant interference.

== H. Ending a Tenancy ==

A tenancy ends only if one or more of the following applies (''MHPTA'', s 37(1)):

*the tenant or landlord gives a notice to end the tenancy in accordance with one of the following:

:*s 38 (tenant’s notice);
:*s 39 (landlord’s notice: non-payment of rent);
:*s 40 (landlord’s notice: cause); s 41 (landlord’s notice: end of employment);
:*s 42 (landlord’s notice: landlord’s use of property); or,
:*s 43 (tenant may end tenancy early).

:'''NOTE:''' Each of these sections sets out notice requirements. It is important that any notice given meets the form and content requirements set out in ''MHPTA'', s 45.

*the tenancy agreement is a fixed term tenancy agreement that provides that the tenant will vacate the manufactured home site on the date specified as the end of the tenancy;
*the landlord and tenant agree in writing to end the tenancy;
*the tenancy agreement is frustrated; or
*an Arbitrator orders that the tenancy is ended.
*the tenancy agreement is a sublease agreement.

=== 1. Tenant’s Notice ===

==== a) Periodic ====

A tenant may end a periodic tenancy by giving the landlord notice to end the tenancy effective on a date that is:
*not earlier than one month after the date the landlord receives the notice; and
*is the day before the day in the month, or in the other period on which the tenancy is based, that rent is payable under the tenancy agreement.

==== b) Fixed Term ====

A tenant may end a fixed term tenancy by giving the landlord notice to end the tenancy effective on a date that is:
*not earlier than one month after the date the landlord receives the notice,
*is not earlier than the date specified in the tenancy agreement as the end of the tenancy; and
*is the day before the day in the month, or in the other period on which the tenancy is based, that rent is payable under the tenancy agreement.

==== c) Material Term Breach ====

If the landlord breaches a material term, the tenant may end the tenancy by giving the landlord a notice to end the tenancy effective on a date that is after the date the landlord receives the notice.

:'''NOTE:''' Unlike the RTA, the MHTPA does not contain provisions allowing tenants to break a lease when fleeing family violence or moving into long-term care.

=== 2. Failure to Pay Rent ===

A landlord may end a tenancy if rent is unpaid on any day after the day it is due, by giving a notice to end the tenancy effective on a date that is not earlier than 10 days after the date the tenant receives notice (''MHPTA'', s 39(1)). Notice given under this section must comply with the form and content requirements found in s 45. A notice under this section has no effect if the amount of rent that is unpaid is an amount the tenant is permitted under the ''MHPTA'' to deduct from rent, or if rent is paid within five days of receiving the notice to end tenancy, or if the tenant disputes the notice by applying for dispute resolution.

However, if the tenant does not dispute the notice and does not pay the amount owed, the landlord can go to the RTB and apply for an Order of Possession without a hearing.

:'''NOTE:''' After the allocated 5 days to pay overdue rent, the landlord is no longer legally obligated to accept any late rent to continue to tenancy.

=== 3. Landlord’s Use ===

A landlord may end a tenancy agreement by giving notice to end the tenancy agreement if the landlord has all the necessary permits and approvals required by law, and intends in good faith, to convert all or a significant part of the manufactured home park to a non-residential use or a residential use other than a manufactured home park (''MHPTA'', s 42(1)). A notice to end a tenancy under this section must end the tenancy effective on a date that is:

*not earlier than 12 months after the date the notice is received; and
*is the day before the day in the month, or in the other period on which the tenancy is based, that rent is payable under the tenancy agreement.

Once a tenant receives a 12-month notice, the tenancy will end 12 months after the notice is received, regardless of if it is a periodic tenancy or a fixed term tenancy with a remaining term longer than 12 months, and the tenant must vacate the manufactured home park before that date.

A tenant who is given a 12-month notice may end their tenancy early if they give the landlord 10 days’ written notice in accordance with ''MHPTA'' s 43.

A landlord that makes a 12-month notice must compensate the tenant $20000 on or before the effective date of the notice. The tenant can apply for dispute resolution for additional compensation between the assessed value of the home and $20000 if:

*They are not able to obtain the necessary permits, licenses, approvals, or certificates required by law to move the manufactured home or they are not able to move the manufactured home to another manufactured home site within a reasonable distance of the current manufactured home site; and
*The tenant does not owe any tax in relation to the manufactured home.

If the above situation happens and the home cannot be moved out of the park, the landlord cannot claim reimbursement from the tenant for any cost incurred for removing, storing, advertising, or disposing of the manufactured home.

*If the landlord closes a manufactured home park to be converted for residential or non-residential use (s. 42(1)) but have not taken any steps to accomplish the stated purpose in a reasonable time after the effective date of the notice, the landlord will have to compensate the tenant $5000 or 12-months’ rent, whichever is higher. However, if an Arbitrator determines there are extenuating circumstances that prevented the Landlord from accomplishing the stated purpose for ending the tenancy, they can excuse the landlord from paying this compensation.

=== 4. Landlord’s Notice: Cause ===

Refer to s 40(1) of the ''MHPTA''; it is similar to the ''RT''A s 46 (Landlord’s Notice: Cause) and lists the same grounds under which a landlord can issue a notice to end tenancy under this section.

:'''NOTE:''' Notice to end tenancy must take effect on a date that is: not earlier than one month after the date the notice is received, and the day before the day in the month, or in the other period on which the tenancy is based, that rent is payable under the tenancy agreement.

=== 5. Disputing Notice ===

Notices of termination or eviction can be disputed by applying for dispute resolution, but must be done so within the following set time limits that start running after the date the tenant receives the notice:

*non-payment of rent: '''five days''';
*landlord’s cause: '''10 days''';
*landlord’s use of property: '''15 days'''; and
*landlord's use of property, demolition or conversion: '''30 days'''.

=== 6. Required Form ===

In order to be effective, a notice to end tenancy must be in writing and must be signed and dated by the landlord or tenant giving the notice, give the address of the manufactured home site, state the effective date of the notice, except for a notice under s 38(1) or (2) (tenant’s notice), state the grounds for ending the tenancy, and '''when given by a landlord be in the approved form''' (''MHPTA'', s 45).

== I. Dispute Resolution ==

Disputes between landlords and tenants may be resolved by applying to dispute resolution at the RTB in the same manner as for an ordinary residential tenancy. The following are typical examples of issues that may lead to a need for dispute resolution:

* rights and prohibitions under the ''MHPTA'';
* rights and obligations under the terms of a tenancy agreement that are required or prohibited under this ''MHPTA'';
* tenant’s use, occupation or maintenance of the manufactured home site; and
* the use of the common areas or services.

A dispute between landlord and tenant generally has to be dealt with in dispute resolution unless the claim for compensation under sections 44(1) or (2) or 44.1 exceeds $65,000, the amount of other monetary claims is for more than the monetary limit under the ''Small Claims Act'' ($35000 as of June 2019), the application was not filed within the application period before the Supreme Court, or the dispute is linked substantially to a matter that is before the Supreme Court.

See ''MHPTA'' s 52(1) on starting dispute resolution proceedings. Proceedings can be started by either the landlord or the tenant filing an application for dispute resolution with the director. The application must be in the approved form and include full particulars of the dispute and be accompanied by the fee; it is possible for this fee to be waived.

:'''NOTE:''' If the ''MHPTA'' does not state a time by which an application for dispute resolution must be filed, it must be filed within two years of the date that the tenancy to which the matters relate ends or is assigned (''MHPTA'', s 53(1)).

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Assisted and Supported Living Tenancies (19:XV)

2026-10-09T19:31:52Z

Nate Russell:

{{REVIEWED LSLAP | date= 22 July 2026}}
{{LSLAP Manual TOC|expanded = landlord}}

The ''RTA'' does not cover tenancies in a community care facility under the Community Care and Assisted Living Act, in a continuing care facility under the Continuing Care Act, or in a housing-based health facility that provides hospitality support services and personal health care.

Assisted living facilities, as defined in section 1 of the Community Care and Assisted Living Act, are excluded from the ''RTA'' for disputes arising on or after February 23, 2026. For disputes that arose before February 23, 2026, whether the ''RTA'' applies will depend on the facility. If the Act is found to apply, claims may still be brought in relation to issues that arose before the February 23, 2026 exclusion took effect.

Supportive Housing has a more complex relationship with the ''RTA'' and how the Act is applied.

Supportive housing is long-term or permanent living accommodation for individuals who need some support services to live independently. Supports offered on-site by supportive housing providers are non-clinical, and residents are not required to receive supports to maintain their housing. Any policies put in place by supportive housing providers must be consistent with the ''RTA'' and regulations. See '''RTB PG 46''' for transitional housing, health facilities, and rehabilitative and therapeutic housing.

Supportive Housing rental units are covered by the ''RTA''. As with any issue of jurisdiction, whether the ''RTA'' applies turns specifically on the facts of a tenancy and on whether any of the exemptions in ''RTA'' s 4 apply. If an accommodation is exempt from the ''RTA'', the resident receives none of the protections under the ''RTA''.

Supportive housing units are excluded from three sections of the ''RTA'':
*s 28, which covers the tenant’s right to quiet enjoyment;
*s 29, which restricts a landlord’s ability to enter units; and
*s 30(1)(b) which relates to the landlord’s ability to prohibit guests.

These exemptions were put in place due to the unique circumstances of supportive housing where part of the housing provider’s job is checking on the tenants’ well-being and ensuring the building is secure ([https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl46.pdf Residential Tenancy Policy Guideline: 46. Transitional and Supportive Housing, Rehabilitative Housing, Seniors Housing]).

Amendments to the ''RTA'' are being made through the [https://www.bclaws.gov.bc.ca/civix/document/id/bills/billscurrent/gov11-1_43rd2nd Residential Tenancy Amendment Act, 2026]. Several sections, including s 7, of the Act have not yet come into force as they are set to be put into effect on a date set by regulation of the lieutenant governor, meaning it is currently unclear when they will be operational.

S 7 of the Act will add in a new division to the ''RTA'' related to supportive housing. There are significant amendments in this section. The first major amendment is that s 7 creates a statutory definition of a supportive housing rental unit. A rental supportive housing unit is a unit rented by a supportive housing operator to a tenant who has been assessed as experiencing or being at risk of homelessness, and who would benefit from housing stability support.

S 7 also adds limitations to a supportive housing provider’s ability to enter units, filling in the gap left by the earlier exemption supportive housing has received from s 29 of the ''RTA''. Once brought into force, a supportive housing provider may only enter a tenant’s unit for either a prescribed purpose, at a prescribed time, or in prescribed circumstance. These prescriptions may be part of the contract signed to lease the unit.

Additionally, s 7 creates an expedited eviction process for a supportive housing provider if a unit is found to contain a weapon. Because the term "weapon" will be defined in the regulation when section 7 comes into force, it is not yet clear what items will fall within its scope.

Section 7 also gives the Province the authority to exempt supportive housing landlords from certain provisions of the Residential Tenancy Act. If the Province chooses to grant an exemption, it may permit a supportive housing landlord to restrict a tenant's access to the property or seize the tenant's property. These are not blanket exemptions but discretionary powers that may be exercised in specific circumstances. As with the other provisions in section 7, it remains unclear when this authority will come into force or how it will be implemented in practice.

{{LSLAP Manual Navbox|type=chapters15-23}}

Assisted and Supported Living Tenancies (19:XV)

2026-10-09T19:26:18Z

Nate Russell: 2026 update

{{REVIEWED LSLAP | date= 22 July 2026}}
{{LSLAP Manual TOC|expanded = landlord}}

The ''RTA'' does not cover tenancies in a community care facility under the Community Care and Assisted Living Act, in a continuing care facility under the Continuing Care Act, or in a housing-based health facility that provides hospitality support services and personal health care.

Assisted living facilities, as defined in section 1 of the Community Care and Assisted Living Act, are excluded from the ''RTA'' for disputes arising on or after February 23, 2026. For disputes that arose before February 23, 2026, whether the ''RTA'' applies will depend on the facility. If the Act is found to apply, claims may still be brought in relation to issues that arose before the February 23, 2026 exclusion took effect.

Supportive Housing has a more complex relationship with the ''RTA'' and how the Act is applied.

Supportive housing is long-term or permanent living accommodation for individuals who need some support services to live independently. Supports offered on-site by supportive housing providers are non-clinical, and residents are not required to receive supports to maintain their housing. Any policies put in place by supportive housing providers must be consistent with the ''RTA'' and regulations. See '''RTB PG 46''' for transitional housing, health facilities, and rehabilitative and therapeutic housing.

Supportive Housing rental units are covered by the ''RTA''. As with any issue of jurisdiction, whether the ''RTA'' applies turns specifically on the facts of a tenancy and on whether any of the exemptions in ''RTA'' s 4 apply. If an accommodation is exempt from the ''RTA'', the resident receives none of the protections under the ''RTA''.

Supportive housing units are excluded from three sections of the ''RTA'':
*s 28, which covers the tenant’s right to quiet and enjoyment;
*s 29, which restricts a landlord’s ability to enter units; and
*s 30(1)(b) which relates to the landlord’s ability to prohibit guests.

These exemptions were put in place due to the unique circumstances of supportive housing where part of the housing provider’s job is checking on the tenants’ well-being and ensuring the building is secure ([https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl46.pdf Residential Tenancy Policy Guideline: 46. Transitional and Supportive Housing, Rehabilitative Housing, Seniors Housing]).

Amendments to the ''RTA'' are being made through the [https://www.bclaws.gov.bc.ca/civix/document/id/bills/billscurrent/gov11-1_43rd2nd Residential Tenancy Amendment Act, 2026]. Several sections, including s 7, of the Act have not yet come into force as they are set to be put into effect on a date set by regulation of the lieutenant governor, meaning it is currently unclear when they will be operational.

S 7 of the Act will add in a new division to the ''RTA'' related to supportive housing. There are significant amendments in this section. The first major amendment is that s 7 creates a statutory definition of a supportive housing rental unit. A rental supportive housing unit is a unit rented by a supportive housing operator to a tenant who has been assessed as experiencing or being at risk of homelessness, and who would benefit from housing stability support.

S 7 also adds limitations to a supportive housing provider’s ability to enter units, filling in the gap left by the earlier exemption supportive housing has received from s 29 of the ''RTA''. Once brought into force, a supportive housing provider may only enter a tenant’s unit for either a prescribed purpose, at a prescribed time, or in prescribed circumstance. These prescriptions may be part of the contact signed to lease the unit.

Additionally, s 7 creates an expedited eviction process for supportive housing provider if a unit is found to contain a weapon. Because the term "weapon" will be defined in the regulation when section 7 comes into force, it is not yet clear what items will fall within its scope.

Section 7 also gives the Province the authority to exempt supportive housing landlords from certain provisions of the Residential Tenancy Act. If the Province chooses to grant an exemption, it may permit a supportive housing landlord to restrict a tenant's access to the property or seize the tenant's property. These are not blanket exemptions but discretionary powers that may be exercised in specific circumstances. As with the other provisions in section 7, it remains unclear when this authority will come into force or how it will be implemented in practice.

{{LSLAP Manual Navbox|type=chapters15-23}}

Residential Tenancies in Strata Lots (Condominiums) (19:XIV)

2026-10-09T19:22:35Z

Nate Russell: 2026 update

{{REVIEWED LSLAP | date= 22 July 2026}}
{{LSLAP Manual TOC|expanded = landlord}}

The ''[https://canlii.ca/t/84jr Strata Property Act]'' (''SPA'') and the ''[https://canlii.ca/t/85pz Strata Property Regulation]'' (''SPR'') govern strata properties. Persons renting a residential condominium are tenants under the ''RTA''. Such tenants are also subject to Parts 7 and 8 of the ''SPA''. For more information visit [[Introduction_(22:I)|Chapter 22: Strata Law]].

Section 138 of the ''SPA'' allows a strata corporation to evict a tenant of a residential strata lot by issuing a Notice to End Tenancy under ''RTA'' s 47 for a repeated or continuing contravention of a reasonable and significant bylaw or rule if the contravention seriously interferes with another person's use and enjoyment of a strata lot, the common property, or the shared assets. Although a Strata is not included in the definition of "landlord" in the ''RTA'', it is considered a landlord when issuing a notice to end a tenancy under s 47 of the ''RTA'', defending any application disputing that notice, and seeking an order and writ of possession about that notice.

If a tenant disputes the Notice to End Tenancy, the director will determine whether:
*The tenant repeatedly or continuously contravened a bylaw or rule; and
*The contravention of that bylaw or rule seriously interfered with another person’s use and enjoyment of a strata lot, the common property or the common assets.

The director does not have jurisdiction to determine whether a strata bylaw or rule is legally valid.

{{LSLAP Manual Navbox|type=chapters15-23}}

Tenancies and the Common Law (19:XIII)

2026-10-09T19:20:29Z

Nate Russell: 2026 update

{{REVIEWED LSLAP | date= 22 July 2026}}
{{LSLAP Manual TOC|expanded = landlord}}

Subject to the ''RTA'', the common law respecting landlord and tenant applies (''RTA'', s 91).

== A. Implied Surrender: Abandonment ==

At common law, a lease may be ended by “surrender” due to conduct of the parties, consistent only with a “merging” of the tenancy interest back into the landlord’s (owner’s) estate. Surrender occurs, for example, where the tenant abandons the rental unit, and the landlord repossesses and re-rents. Generally, no further rent or compensation for the unexpired portion of the tenancy may be claimed on surrender. However, claims for lost rentals are allowed.

Abandonment is cause for ending a tenancy, but regardless of the wording of the tenant’s notice, or the wording of the acceptance of surrender, or the absence of a notice, abandonment gives rise to the landlord’s duty to mitigate.

== B. Frustration ==

The doctrine of frustration applies to residential tenancy agreements (''RTA'', s 92) and commercial leases (''Commercial Tenancy Act'', s 30). If some unforeseen event occurs that prevents the agreement from being performed, it will be considered to have been frustrated and is thereby terminated at the time of the event. Frustration will rarely be found where the event appears to be largely self-induced (and the result of acts or omissions which might themselves constitute a breach of covenant, e.g., a municipal closure order made pursuant to a fire bylaw where the landlord failed to install sprinklers). If the event is totally self-induced, the perpetrator will not be able to establish frustration. Two factors to consider beyond the normal contract law concerns are: 1) the length of the unexpired term at the time of frustration, and 2) the possibility of alternative use of the rental unit. If the lease is one to which the ''RTA'' doesn’t apply, by common law the doctrine of frustration would not apply.

== C. The Right to Distrain the Tenant’s Personal Goods ==

Under the ''RTA'', a landlord has no right to distrain (i.e., seize) a residential tenant’s personal goods for default in rental payment, nor may the landlord seize a tenant’s personal goods to satisfy another claim or demand, unless the seizure is made by a person authorized by a court order or an enactment (s 26(3) and (4)). If a landlord seizes goods contrary to s 26(3), the tenant may apply to the court for an order to return the property, and/or for a monetary claim for damages. A landlord may, where personal property has been abandoned by the tenant, remove it from the residential property, and must deal with it in accordance with the ''RTR''.

== D. Duty to Mitigate ==

Under s 7(2) of the ''RTA'', any time a monetary claim arises between landlord and tenant, both have a duty to mitigate damages (i.e., minimize losses). For example, if a tenant breaks a lease that was for a fixed term of one year, the landlord could sue the tenant for the balance of the rent payments. Nonetheless, the landlord has a duty under s 7(2) to try to minimize their loss by re-renting the rental unit as soon as possible, rather than just suing the tenant for the whole year’s rent. A landlord who makes such a claim must prove that they took reasonable steps to re-rent the unit and was not able to do so. See RTB PG 5.

{{LSLAP Manual Navbox|type=chapters15-23}}

Tenancies and the Common Law (19:XIII)

2026-10-09T19:14:56Z

Nate Russell: 2026 update

{{REVIEWED LSLAP | date= 22 July 2026}}
{{LSLAP Manual TOC|expanded = landlord}}

Subject to the ''RTA'', the common law respecting landlord and tenant applies (''RTA'', s 91).

== A. Implied Surrender: Abandonment ==

The principle of implied surrender occurs when a tenant abandons the rental unit and the landlord takes possession of it. A landlord may claim compensation for damages resulting from the tenant’s breach of the tenancy agreement, such as the loss of rent for the balance of the term.

== B. Doctrine of Frustration ==

A tenancy agreement may be frustrated if, without the fault of either party, the rental unit is rendered uninhabitable or becomes impossible to occupy due to an unforeseen event. For example, if a rental unit burns down, the tenancy agreement may be frustrated and the tenant may leave without being responsible for the rent for the rest of the fixed term (''RTA'', s 56.1).

== C. Assignment and Subletting ==

A tenant may assign or sublet a tenancy agreement with the landlord’s written consent (''RTA'', s 34(1)). A landlord must not unreasonably withhold consent to an assignment or sublet if the tenancy agreement is for a fixed term of six months or more (''RTA'', s 34(2)). A tenant who assigns or sublets a tenancy without the landlord’s written consent may be served with a notice to end tenancy (''RTA'', s 47(1)(i)).

== D. Duty to Mitigate ==

Under s 7(2) of the ''RTA'', any time a monetary claim arises between landlord and tenant, both have a duty to mitigate damages (i.e., minimize losses). For example, if a tenant breaks a lease that was for a fixed term of one year, the landlord could sue the tenant for the balance of the rent payments. Nonetheless, the landlord has a duty under s 7(2) to try to minimize their loss by re-renting the rental unit as soon as possible, rather than just suing the tenant for the whole year’s rent. A landlord who makes such a claim must prove that they took reasonable steps to re-rent the unit and was not able to do so. See RTB PG 5.

{{LSLAP Manual Navbox|type=chapters15-23}}

Dispute Resolution in Residential Tenancies (19:XII)

2026-10-09T19:13:02Z

Nate Russell:

{{REVIEWED LSLAP | date= 22 July 2026}}
{{LSLAP Manual TOC|expanded = landlord}}

== A. General ==

The formal dispute resolution process may be avoided in cases where the application of the law is clear. For example, an Information Officer might call a landlord and tell them that landlords are required by law to provide rent receipts if the tenant pays rent in cash. The Information Officer will not take on the role of an Arbitrator, will only explain the legislation, and will not assist with completing forms.

Dispute resolution is the formal method of resolving disputes between landlords and tenants. Any party going to dispute resolution may be represented by an agent, advocate, or lawyer. The Arbitrator may require a representative to provide proof of their appointment to represent a party and may adjourn a dispute resolution hearing for this purpose. To understand the procedure, advocates should read the RTB’s [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rules-of-procedure/rop-2025-06-06.pdf dispute resolution Rules of Procedure]. These Rules of Procedure are revised occasionally, usually without any notice or announcement.

=== 1. Disputes Covered by Dispute Resolution ===

Virtually all claims that may arise between tenants and landlords are eligible for dispute resolution (''RTA'', s 58). A court does not have and must not exercise any jurisdiction in respect of a matter that must be submitted to dispute resolution before the RTB. The exceptions are as follows, where the RTB has no jurisdiction:
*the monetary claim for compensation under the following sections of the ''RTA'' exceeds $65,000 (''RTA'', s 58(2)(a.1)), which each provide for compensation equalling 12 months’ rent:
**s 51 (1) or (2) (tenant’s compensation: section 49 notice);
**s 51.1 (tenant’s compensation: requirement to vacate);
**s 51.3 (tenant’s compensation: no right of first refusal);
**s 51.4 (tenant’s compensation: section 49.2 order).
*any other monetary claim exceeds the monetary limit prescribed under the ''Small Claims Act'', RSBC 1996, c. 430, s 3, which is $35,000 (''RTA'', s 58(2)(a));
*the dispute is linked substantially to a matter that is before the Supreme Court (''RTA'', s 58(2)(d)); or
*the dispute involves the ''Human Rights Code'', RSBC 1996, c 210 or a constitutional question (''RTA'', s 5.1(c) and (d)).

If a participant’s monetary claim is over the applicable limit, they can bring the dispute into the RTB’s jurisdiction by abandoning the amount that exceeds the limit (''RTA'', s 58(2.2)).

Some issues that may apparently be under the exclusive jurisdiction of the ''RTA'' may still be grounded in a different source of law. In such cases, a tenant may be able to elect to proceed with their claim either as an RTB dispute or as a different kind of civil claim that falls under the inherent jurisdiction of another court. For example, if a tenant’s claim can be successfully characterized as a claim in negligence, they may be permitted to proceed with an action in Supreme Court. See ''[https://canlii.ca/t/j0c9c Janus v The Central Park Citizen Society]'', 2019 BCCA 173 at paras 23-29.

=== 2. Arbitrators ===

Arbitrators are like judges and base their decisions on evidence and arguments presented by the parties at the dispute resolution hearing. Arbitrators are only bound by legal precedent established by the court; past RTB decisions are not binding but may be persuasive. The RTB’s Policy Guidelines are more strongly persuasive albeit not fully binding (''[https://canlii.ca/t/gv0gr Powell v British Columbia (Residential Tenancy Branch)]'', 2016 BCSC 1835 at para 33).

Arbitrators are not required to have any formal legal training, though some may. Students intending to make legal arguments should be prepared to do so using as much plain language as possible, but should take care to specifically refer to all relevant law, regulation and policy, and apply those to the facts.

An Arbitrator has authority to make any findings of fact or law necessary to resolve disputes that arise under the ''RTA'' or a tenancy agreement (''RTA'', s 62(2)). Arbitrators may assist the parties or offer the parties an opportunity to settle their dispute during a hearing (''RTA'', s 63). They can record agreements reached by the parties, sign off on the agreement, and record the settlement as an order. Except as otherwise provided by the ''RTA'', a decision of the director is final and binding (''RTA'', s 77(3)).

=== 3. Joint Hearings ===

The RTB cannot make orders for landlords and tenants not participating in a hearing, so class action lawsuits do not exist for RTB hearings. However, tenants can seek a joint hearing where they can join their claims into a single hearing. If several tenants seek a joint hearing, under the ''RTA'', they must file separately for Dispute Resolution then apply to join their claims together. The scheduled hearing date may include a preliminary hearing to allow the parties to argue why the matters should or should not be joined. Arbitrators can also decide to hear the cases jointly without the consent of the landlord.

For more information on joint RTB hearings, see [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/tenancy-dispute-resolution/participatory-process/complete-and-file-application/join-dispute-applications here].

=== 4. Limitation Dates ===

The general limitation period for filing a claim at the RTB is two years from the end of the tenancy to which the dispute relates (''RTA'', s 60) unless otherwise provided for in the ''RTA''. Most of the other limitation dates apply to eviction disputes and are much shorter, ranging from a few days to one month.

If an application for dispute resolution is made past the expiry of the limitation period, it will be dismissed regardless of its chances of success.

== B. Dispute Resolution Procedure ==

=== 1. Applying for Dispute Resolution ===

A landlord or tenant who wants a government-appointed Arbitrator to settle a dispute must complete an application for dispute resolution. Most applications for dispute resolution are filed online through the RTB website. Applicants can also apply in person by submitting a paper application for dispute resolution form in person at the RTB office or any Service BC office. Note that there are separate forms for the landlord and the tenant.

Online applications can be paid with a credit card or an online debit card. Applicants wishing to apply for a fee waiver must also upload proof of income through the online portal or submitting it in person. The application will not be considered made until the applicant has paid the filing fee or submitted the documents required for a fee waiver.

The RTB created a Monetary Order Worksheet, [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb37.pdf form RTB-37], which is mandatory when applying for a monetary order.

For more information about how to apply for dispute resolution and request a fee waiver, see [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/tenancy-dispute-resolution here].

Evidence must be submitted with the application.

==== a) Naming Parties on an Application ====

Individuals should be named by their full legal names. Businesses should be named using the full legal name of the business, which may include an indication of the type of legal structure the business operates under and may be a numbered corporation. Where a business carries on business under a name other than the legal name of the business, the party can be named as “doing business as” (“dba”) the other name.

==== b) Documents Required at the Time of the Application ====

To the extent possible, the applicant must submit the following documents at the time the application is submitted, or within three days if making the application online (RTB ROP, Rule 2.5):
*a detailed calculation of any monetary claim being made;
*a copy of the Notice to End Tenancy, when the applicant seeks an order of possession or to cancel a Notice to End Tenancy; and
*copies of all other documentary and digital evidence to be relied on in the proceeding, subject to the rules about new and relevant evidence.

In practice, the requirement to submit all available evidence at the time of making the application is less strictly enforced for tenants disputing notices to end tenancy.

==== c) Amending an Application for Dispute Resolution ====

In certain circumstances, applications for dispute resolution that have already been submitted can be amended. Amended applications must be related to existing issues raised in the original application.

To amend an application for dispute resolution, the applicant completes the form RTB-42, Amendment to an Application for Dispute Resolution, and submits that form along with any accompanying evidence to the RTB. Once the RTB approves the application, the applicant serves the other party with a copy of the application and supporting evidence, not less than 14 clear days before the hearing. Note that as the application must be served to each party 14 clear days before the hearing, and it takes time to have the application approved, it is advisable to apply to amend as soon as possible so as to meet these deadlines.

To learn more about amending an application, see [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/tenancy-dispute-resolution/participatory-process/complete-and-file-application/amend-update-application here].

==== d) Direct Requests ====

In a direct request, the RTB makes an order through a written application alone, without a participatory hearing.

A tenant can make a direct request for the return of their deposit(s) when they gave the landlord their forwarding address in writing at the end of the tenancy, and, within 15 days after the receipt of the forwarding address, the landlord has not returned the outstanding deposit(s) or made an application to retain part or all of the deposit: see RTB PG 49.

A landlord may make a direct request for an order of possession if the tenant has not disputed the notice to end the tenancy by the deadline. In the case of a notice to end tenancy for non-payment of rent, the landlord can also make a direct request for an order to pay rent: see RTB PG 39.

=== 2. Notice of Dispute Resolution Proceedings Package ===

After applying for dispute resolution, the RTB will provide the applicant with a Notice of Dispute Resolution Proceedings Package that must be served to the respondent within three days of receipt (RTB ROP, Rule 3.1). The package served to the respondent must contain the following:
*the Notice of Dispute Resolution Proceeding provided to the applicant by the Residential Tenancy Branch, which includes the Application for Dispute Resolution;
*the Respondent Instructions for Dispute Resolution;
*any fact sheets provided by the Residential Tenancy Branch; and
*any other evidence submitted with the application.

The applicant should always submit proof that the respondent received the Notice of Dispute Resolution Proceeding Package to the RTB. The proof of service will have to be presented if the respondent does not attend to prove that the respondent was served. If the package was served in person by someone else, the person who served the documents should be at the hearing or should provide an affidavit of service to the applicant. Proof of service of any evidence not served with the package should also be submitted to the RTB.

=== 3. Evidence ===

==== a) Definition ====

The rules of evidence do not apply to dispute resolution hearings (''RTA'', s 75), and the definition of evidence for the purposes of dispute resolution hearings includes written legal submissions that would not otherwise count as evidence under the rules of evidence. The Arbitrator has the discretion to decide whether evidence is or is not relevant to the issues identified on the application and may decline to consider evidence that they determine is not relevant.

All evidence must be relevant to the claims being made in an application for dispute resolution.

==== b) Evidence Deadlines and Submission Methods ====

In general, all the applicant’s evidence must be received by the RTB and the respondent no less than 14 days prior to the hearing (RTB ROP, Rule 3.3). The respondent’s evidence must generally be received by the RTB and the applicant no less than 7 days before the hearing (RTB ROP, Rule 3.15).

Note that deadlines may differ for some types of dispute resolution proceedings. See, for example, Rule 11 regarding additional rent increases for capital expenditures.

Arbitrators have the authority to extend the time limit to serve the Notice Package and/or evidence if they find that the Package was sufficiently served for the Act on a later date. Evidence can be submitted online, in person or by mail or fax.

'''(1) Online'''

Where possible, parties should submit evidence digitally. Parties can submit evidence online using [https://tenancydispute.gov.bc.ca/DisputeAccess/ the dispute access site] any time before the deadline. The RTB imposes restrictions on the format, size, or amount of evidence submitted or exchanged during the dispute resolution process. For more information visit [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/tenancy-dispute-resolution/participatory-process/prepare-serve-evidence here].

A party must submit digital evidence together with an accompanying description and comply with 3.10.1 of the RTB Rules of Procedure. Parties who serve digital evidence on other parties must provide the information required under Rule 3.10.1 using Digital Evidence Details (form RTB-43) and in a manner that is accessible to the other party. Parties should always confirm that the other party and the RTB have gained access to the digital evidence before the hearing. No additional evidence may be submitted after the dispute resolution hearing starts, except as directed by the arbitrator.

'''(2) In person'''

Evidence can be submitted at any Service B.C. office, or at the Residential Tenancy Branch office in Burnaby. The applicants will need their file number and dispute access code.

Parties who submit digital evidence in person must do so by providing a copy of the evidence on a memory stick, compact disk, or DVD, or using a method requested by the RTB or Service BC with a printed accompanying description.

'''(3) Mail or Fax'''

Evidence can be mailed to “Residential Tenancy Branch #400-5021 Kingsway, Burnaby, B.C. V5H 4A5” or fax to 604-660-2323 (lower mainland) or 1-866-341-1269 (outside the lower mainland).

A party who submits evidence must keep an exact copy of the evidence they submitted for not less than two years after the date on which the dispute resolution proceeding, including any reviews, concludes. The RTB will not return copies of evidence submitted during the dispute resolution process.

Evidence should be clearly marked and numbered so that all parties involved can easily locate the relevant documents when necessary. If evidence submitted is not in an acceptable format or quality to support a fair and appropriate dispute resolution process, the arbitrator may require the person who submitted the evidence to resubmit it in a different format or resubmit exact copies.

==== c) Calculation of “Days” ====

The definition of “days” from the Rules of Procedure includes the following:
#If the time for doing an act falls or expires on a holiday, the time is extended to the next day that is not a holiday.
#If the time for doing an act in a government office falls or expires on a day when the office is not open during regular business hours, the time is extended to the next day that the office is open.
#In the calculation of time expressed as clear days, weeks, months or years, or as "at least" or "not less than" a number of days, weeks, months or years, the first and last days must be excluded.
#In the calculation of time not referred to in subsection (c), the first day must be excluded and the last day included.

==== d) Late Evidence ====

Rule 3.17 requires that both parties must have the opportunity to be heard on the question of prejudice arising from accepting late evidence. In ''[https://canlii.ca/t/j6d0z Khan v Savino]'', 2020 BCSC 555, the applicant was late to the 14-day deadline by one day but the arbitrator failed to seek submissions regarding prejudice arising from accepting the late evidence from both parties at the hearing. This was a ground for voiding the result at the dispute resolution and returning the decision to the RTB for re-determination.

==== e) Witness Statements ====

If a witness cannot attend or take testimony over the phone, the Arbitrator may accept affidavits, although written statements may suffice. If a party thinks a witness has something to contribute to their case but the witness refuses to cooperate, the party can request in advance or at the hearing that the Arbitrator summon that witness (RTB ROP, Rules 5.3 – 5.5).

=== 4. The Dispute Resolution Hearing ===

Hearings are a formal process, though less formal than court. The RTB uses the dispute resolution Rules of Procedure. The RTB publishes Policy Guidelines intended to assist Arbitrators in interpreting and applying the law.

These are useful for preparing for a hearing, but Arbitrators have the discretion to decide when and how to apply Policy Guidelines. Most RTB hearings are now conducted via telephone. However, there are still some in-person or written hearings.

==== a) Telephone Hearings ====

Parties should join the conference call in a quiet place where they will not be interrupted. Parties should try to call about 5 minutes before the start of the hearing. It is important that parties check they have the correct telephone code. If a hearing has been adjourned or continued from an earlier hearing, the code may be different than the previous one.

Telephone hearings are usually scheduled for one hour exactly. If the hearing is not finished at this time, the Arbitrator may extend the hearing or schedule another conference call to continue the hearing. This may be several weeks or months after the first hearing. It is important that parties be focused on the outcome they wish to achieve and that their documents are carefully organized and page numbered so that time is not wasted searching for documents and other evidence.

==== b) In-Person and Written Hearings ====

In-person or written hearings are rare and will generally only occur at the request of one or both parties, to account for unusual circumstances or needs of one or both parties. For more information on alternative hearing formats, see [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl44.pdf RTB Policy Guideline no. 44: “Format of Hearings.”]

==== c) Expedited Hearings ====

Expedited hearings are for applications that are very urgent and where it would be unfair for the applicant to wait for a standard hearing.

They are limited to the following matters:
*An early end to a tenancy for very serious breaches by the tenant;
*An order of possession for a tenant when there has been an illegal lockout; and
*Emergency repairs for safety and security (which excludes mould).

Usually, the branch tries to schedule them for a hearing within 12 days from the date the application is made. In cases where there is evidence that violence has occurred, health and safety are severely jeopardized or there is a demonstrable immediate danger or threat, the branch may schedule it for a hearing within six days.

Applicants should not apply for expedited hearings if their dispute does not fulfill the requirement of an expedited hearing. To ensure that expedited hearings are reserved for urgent matters, the RTB will contact applicants who have not disclosed reasonable grounds for making the expedited hearing application with suggestions on amending their application; if the applicant does nothing, the RTB may dismiss their application under Rule 10.1.3 (RTB PG 51). Delays from reapplying because of such a dismissal can cause an applicant to miss the limitation date.

More details including how to apply are available [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/tenancy-dispute-resolution/expedited-hearings online].

==== d) Facilitated Settlement ====

The RTB may schedule a dispute resolution application to be first processed by facilitated settlement. At a facilitated settlement conference, a case facilitator helps the parties resolve the dispute through negotiation and agreement rather than argumentation. Evidence and document service deadlines still apply, and attendance is mandatory if the dispute is scheduled for facilitation.

If the parties fail to reach an agreement, the dispute proceeds to a participatory hearing. For more information about facilitated settlement conferences, see [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/tenancy-dispute-resolution/facilitated-settlement here].

=== 5. The Arbitrator’s Decisions ===

The Arbitrator may render a decision at the end of the hearing and will make a written decision following the hearing. Pursuant to s 77(1) of the ''RTA'', the written decision and reasons must be provided within 30 days. If a party, pursuant to s 78 of the ''RTA'' completes a form requesting correction of a technical error, omission, or clarification within 15 days of the decision being given, such amended decision or clarification must be provided within 30 days.

The Arbitrator’s order is final and binding but may be reviewed in limited circumstances (s 79).

=== 6. Amendments to Decisions/Orders ===

On an Arbitrator’s initiative, or at the request of a party, the Arbitrator may correct technical errors, or within 15 days, clarify a decision, reason, or inadvertent omissions in a decision or order. The Arbitrator may also require that notice of a request be given to the other party. The Arbitrator shall not exercise this power unless the Arbitrator considers it just and reasonable in the circumstances (''RTA'', s 78(3)).

The RTB continues to amend its Policy Guidelines on key issues under the ''RTA''. There are now over 40 detailed RTB Policy Guidelines available that ensure more consistency in dispute resolution decisions, and which should be reviewed in preparation for any hearing. They can found online [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/calculators-and-resources/tenancy-policy-guidelines-number online].

== C. Serving Documents: Giving and Receiving Notice under the ''RTA'' ==

The rules for serving the other party with documents depend on what is being served, and who is being served. This section sets out the basics of service, but for more detail or to check the requirements for your specific situation, you may need to check PG 12.

=== 1. Service Methods ===

Generally, items can be served in any of the ways listed below. Some items must be served in particular ways. For details on items that must be served only in certain ways, see the relevant section below.

Different service methods are “deemed” or considered served at certain times after the date on which they are served. Note that, if there is proof that the document was actually received earlier than the date it is deemed to be received, the document may be considered received on the day it was actually received.

==== a) Personal Service ====

For tenants serving a landlord, the tenant must serve by leaving a copy with the landlord or landlord’s agent. For a landlord serving a tenant, the landlord must leave a copy with the tenant, and in a case with multiple tenants, with each co-tenant separately.

Personal service requires physically handing a copy of the document to the person being served, and, if the person declines the document, leaving a copy of the document near the person, and informing the person being served of the nature of the document.

Persons can be served anywhere the person serving has legal access to, including in public streets and other publicly or privately owned areas open to the public.

==== b) Registered Mail ====

You may serve these items by sending them by registered mail (any Canada Post service with delivery confirmation to a named person) to the address for service of the other party. For landlords, this is where the landlord lives or carries on business as a landlord. This address may be listed on the lease or other document related to the tenancy. For tenants, this is the address where the tenant resides at the time of mailing, or the forwarding address provided by the tenant.

Records indicating that a person refused to accept a piece of registered mail are considered proof of service. Registered mail is deemed received on the fifth day after mailing.

==== c) Ordinary Mail ====

This method is the same as service by registered mail, except that it is sent by ordinary postal service. Ordinary mail is deemed received on the fifth day after mailing.

==== d) Leaving a Copy of the Document at the Person’s Residence with an Adult Person who Apparently Resides with the Person to be Served ====

This method involves leaving the document with a person 19 years or older who, from what can be observed and is evident from all the circumstances, resides with the person to be served. Such documents are considered personally served, and is considered served on the day they are delivered.

==== e) Leaving a Copy of the Document in a Mailbox or Mail Slot ====

This method involves leaving the document in a mailbox or mail slot. For serving tenants, this would be the place where the person to be served resides at the time of service. For landlords, this would be at the address for service identified in the tenancy agreement or on the Notice to End Tenancy the tenant is contesting, or the place where the person to be served carries on business as a landlord. You must make sure that the mailbox or mail slot truly belongs to the person being served, particularly where there are multiple boxes or slots for one building.

Documents left in a mailbox or mail slot are considered served on the third day after they are left.

==== f) Posting ====

This method involves attaching a copy of the document to a door or other conspicuous place (a place that is clearly visible and likely to attract notice or attention). Placing a copy of the item under a door is not sufficient for service by “posting”. For serving tenants, this would be where the person resides at the time of service, and for serving landlords, this would be at the address for service identified in the tenancy agreement or on the Notice to End Tenancy that the tenant is contesting, or the place where they carry on business as a landlord.

Documents served by posting are considered served on the third day after they are attached.

==== g) Fax ====

You can serve a party by fax if they have provided a fax number as their address for service.

Documents served by fax are considered served on the third day after faxing them.

==== h) Substituted Service ====

If none of the above options are feasible, the RTB may order another type of service. In applying for substituted service, you must show that the party being served cannot be served by any of the methods listed and that there is a reasonable expectation that they will receive the documents if served in the manner being proposed.

==== i) Email ====

You can serve a party by email to an email address provided for service. The documents are considered served 3 days later when the tenant does not say or show that they received it on an earlier date.

=== 2. Requirements for Specific Documents ===

==== a) Application for dispute resolution or Residential Tenancy Branch decision to proceed with a review of a decision ====
These items, except for applications by landlords for an order of possession or an order ending a tenancy early, may only be served by personal service, registered mail, or by another service method authorized by an order for substituted service.

==== b) Application by a landlord for an order of possession or an order ending tenancy early ====

These items can only be served by personal service, registered mail, posting, or by another service method authorized by an order for substituted service.

=== 3. Address at Which the Landlord Carries on Business as a Landlord ===

To quote from RTB PG 12: “A landlord may operate a business as a landlord from one location and operate another business from a different location. The Legislation does not permit a tenant to serve a landlord in one of the ways set out above at the address where the landlord carries on that other business unless the landlord also carries on their business as a landlord at that same address".

"If the landlord disputes that they have been served in one of the permitted ways at the address where they carry on business as a landlord, or if the landlord does not attend the hearing, the tenant will have to provide sufficient evidence to the Arbitrator to prove that the address used is, in fact, the address at which the landlord carries on business as a landlord” (RTB PG 12).

The address at which the landlord carries on business as a landlord may be:
*Set out in the tenancy agreement;
*The landlord’s office or resident manager’s suite in an apartment building;
*The address where the landlord resides;
*A separate business address in an office or storefront location.

=== 4. Proof of Service ===

Where service has been affected and a party fails to appear at a hearing, the other party should be prepared to prove that service was affected.

For personal service, this can be done by having the person who actually served the other party appear as a witness at the hearing or provide a signed statement with details about service. For personal service on another adult apparently residing with the other party, details should be included about the date and time of service, identity of the person served, and description of how it was confirmed that the person apparently resides with the party being served.

For registered mail, a Canada Post tracking printout providing information about the delivery of the registered mail item and the signature of the recipient will suffice. PG 12 states that intentional refusal to pick up registered mail does not rebut the deemed receipt provisions, so if the tracking report shows that the mail was refused by the recipient, a party should still be able to argue that the documents were properly served. Proof of service by other methods should include details about the date, time, identity of persons served, address where notice was posted, fax number or mailbox information, and any other relevant information. Photographs of service can be valuable in proving that service occurred.

== D. Review of Arbitrator’s Decision ==

=== 1. Application for Review of Arbitrator's Decision ===

Under the ''RTA'', s 79(2), an application may be made for Review of the Decision or Order, only if:
#the party was not able to attend the original hearing due to circumstances that could not be anticipated and were beyond their control;
#there is new and relevant evidence that was not available at the time of the original hearing; or
#a party has evidence that the Arbitrator’s decision or order was obtained by fraud.

The Application for Review does not include an oral hearing. The written application for review must, therefore, be complete and exact, with all necessary documents attached. Note that an Application for Review is not an opportunity to re-argue the facts of the case.

Other grounds of review made available through RTB PG 24 are as follows:
*material evidence submitted late and not before arbitrator;
*administrative procedural error;
*technical irregularity or error;
*the Arbitrator did not determine a required issue;
*the Arbitrator did not have jurisdiction to determine an issue.

'''NOTE''': There is a filing fee, which cannot be recovered, but which can be waived under the same circumstances for which the original application fee can be waived.

'''NOTE''': ''[https://canlii.ca/t/ggsgw Martin v. Barnett]'', 2015 BCSC 426 stands for the principle that a party must exhaust statutory review procedures before bringing an application for judicial review, but where the RTB does not have the power on reconsideration to encompass the alleged error (i.e. where the alleged error does not fall within one of the three grounds for Review Consideration described above), then reconsideration cannot be considered an adequate alternative to judicial review, and a party is permitted to proceed directly to judicial review. Where the error does fall within the reconsideration power of the RTB, the party must bring a reconsideration application. If they are dissatisfied with that result, a party can judicially review the review consideration decision. ''[https://canlii.ca/t/hz4dg Wang v. Hou]'', 2019 CBC 353 adds that procedural fairness issues that cannot be raised on reconsideration can be the basis for independent judicial review of both original decisions and review consideration decisions if either raise procedural fairness issues.

=== 2. Time Limits for Starting a Review Consideration ===

There are strict time limits in the ''RTA'' for launching a review. For orders of possession (s 54, 55, 56, 56.1), unreasonable withholding of consent (s 34 (2)) and notices to end tenancy for non-payment of rent (s 46) the time limit is two days. For a notice to end a tenancy agreement other than under s 46, repairs or maintenance under s 32, and services or facilities under s 27, the time limit is five days. For other orders, the time limit is 15 days (''RTA'' s 80). If multiple time limits apply, the review application must be made within the shortest period that applies (RTB PG 24).

A review application is not a stay of proceedings but can act as one since court enforcement of an Arbitrator decision requires the landlord/tenant applying for the enforcement to swear to court that they have confirmed with RTB that there is no review application consideration pending. A stay of proceedings can also be requested separately through the Supreme Court.

=== 3. Successful Application for Review ===

If a party is successful in their Application for Review, that person will receive a written decision from the Arbitrator permitting the review to proceed. The original decision would be set aside, and a new hearing date would be scheduled.

The Arbitrator’s decision permitting review must be served on the other side within three days of receiving the decision. The same method of service must be used as outlined above for a Notice of Hearing package.

=== 4. Review by the Supreme Court of B.C. ===

An Arbitrator’s decision can also be reviewed by the Supreme Court of B.C. under the [https://canlii.ca/t/844v Judicial Review Procedure Act, RSBC 1996, c 241]. The ''RTA'' contains a privative clause (s 84.1) which narrows the scope of the review. It is not a new trial. The Supreme Court of B.C. generally would conduct a review if there were:
*Patently unreasonable error of fact or law
*Breach of procedural fairness

When a decision is overturned by the court, the case is usually returned to an Arbitrator to be reheard. Due to the complexity of operating in the B.C. Supreme Court, a lawyer should be involved for a judicial review in B.C. Supreme Court. It is important to get legal advice and act quickly. The Community Legal Assistance Society (CLAS) (604-685-3425) is available to assist with judicial reviews of Arbitrators’ decisions where the decision relates to an eviction notice. [https://tenants.bc.ca/get-help/housing-law-clinic/ TRAC’s Housing Law Clinic] may also assist with judicial review of RTB Decisions. For more information on grounds on grounds for judicial review, see [https://judicialreviewbc.ca/ here].

'''NOTE''': Losing a judicial review may result in an award of costs, meaning that the losing party must pay the legal costs of the other party.

=== 5. Filing Complaints to the RTB ===

Complaints about information officers, dispute resolution hearings, or general services of the RTB must be put into writing and email to [mailto:HSRTO@gov.bc.ca HSRTO@gov.bc.ca] or mailed to the Executive Director of the RTB:

P.O. Box 9844 Stn Prov Govt
Victoria, B.C. V8W 9T2

Complaints can also be made to the BC Ombudsperson. More information can be found [https://bcombudsperson.ca/ here].

Note that the BC Ombudsperson does not review decisions; they can only investigate complaints where a person feels that RTB staff has treated them unfairly.

== E. Enforcing the Arbitrator’s Order ==

'''NOTE''': If a successful party has any concerns about the ability to serve an order, they should request an order under ''RTA'', s 71(1) and (2) permitting alternate means of service. An example of such an order would be one that permits serving a document at a tenant’s workplace rather than at their new home.

=== 1. Enforcing a Monetary Order ===

The Arbitrator may order the tenant or landlord to pay a monetary amount or to bear all or part of the costs of dispute resolution (''RTA'', s 67). Enforcement of the order is the sole responsibility of the applicant. If the monetary order is in favour of a tenant still living in the rental unit owned by the landlord that the order is against, the Arbitrator may direct the tenant to deduct the award from the rent (''RTA'', s 65(1)(b)). Rent should not be withheld unless the decision explicitly states this is allowed. If the monetary order is in favour of a landlord still holding all or part of the security deposit paid by the tenant, it may be deducted from the tenant’s security deposit. If neither of these situations applies, one should give the other party a written request for payment stating the amount owing and requesting payment by the date on the order or within a reasonable time.

If the other party still does not pay, the order can be filed in the Small Claims Court.

=== 2. Enforcing a Repair Order ===

If a landlord fails to make repairs as ordered by an Arbitrator, the tenant can apply for an order requiring compliance. The order to comply may include an order that the landlord reduces the rent until the repairs are complete.

=== 3. Enforcing an Order of Possession ===

The purpose of an Order of Possession is to gain vacant possession of the rental premises. The landlord should first give a copy of the Order of Possession to each person named in the order. The best way to do this is to hand the copy to the other parties personally or by registered mail. The ''RTA'' also permits for the Order of Possession to be posted on the tenant’s door. The tenant should be asked to move out of the rental unit within the period given in the order. If a tenant does not comply with the order, the landlord must not attempt to physically remove the tenant by their own means (''RTA'', s 57(2)), as this is unlawful. Bailiff services, described below, can be used to lawfully remove the tenant.

==== a) Use of Bailiff Services ====

If the tenant does not comply with the order and does not vacate the rental unit on the date specified on the order, the Order of Possession can be filed in the Supreme Court of B.C. Registry. The landlord must obtain a Writ of Possession in Supreme Court and contact a court bailiff service. The Writ of Possession can then be executed by the court bailiff.

Court bailiffs carrying out an eviction can seize and sell tenants’ personal property to pay their fees. Tenants have the right to claim exemptions to protect certain items, and bailiffs will often give tenants an opportunity to claim these exemptions when they first show up at the rental unit. Tenants should contact the bailiff company right away if their belongings are taken before they have a chance to claim the exemptions. Tenants must claim their exemptions within two days of the date they found out that their property was seized.

==== b) Role of the Police ====

Neither the police nor the RCMP has the authority to evict tenants. The police may attend the occasion to prevent a breach of peace, but they cannot play any role in evicting the tenant. However, the police will attend and remove the tenant if required to do so by the court bailiff.

=== 4. Non-Compliance ===

Under s 87(3) and s 87(4) of the ''RTA'', administrative penalties of up to $5,000 per day may be imposed against landlords for contravening the ''RTA'', the Regulation, or an order. Administrative penalties are rarely, if ever, imposed and according to the RTB guidelines, such penalties are to be used only in response to “serious, repeated non-compliance.”

The RTB has established a Compliance and Enforcement Unit to conduct investigations of repeated or serious non-compliance with tenancy laws or orders of the RTB, issue warnings to ensure compliance and if necessary, administer monetary penalties.

The Compliance and Enforcement Unit only handles cases in which all attempts to resolve the issue through the RTB have been made, yet there is still no compliance. Usually, the first step that the unit takes would be simply informing the parties of their responsibilities.

Example of matters that the unit investigates:
*Renters repeatedly not paying rent;
*Landlords repeatedly attempting to evict renters illegally;
*Refusal to complete health and safety repairs; and
*Illegal rent increases.

{{LSLAP Manual Navbox|type=chapters15-23}}

Dispute Resolution in Residential Tenancies (19:XII)

2026-10-09T19:10:03Z

Nate Russell: 2026 update

{{REVIEWED LSLAP | date= 22 July 2026}}
{{LSLAP Manual TOC|expanded = landlord}}

== A. General ==

The formal dispute resolution process may be avoided in cases where the application of the law is clear. For example, an Information Officer might call a landlord and tell them that landlords are required by law to provide rent receipts if the tenant pays rent in cash. The Information Officer will not take on the role of an Arbitrator, will only explain the legislation, and will not assist with completing forms.

Dispute resolution is the formal method of resolving disputes between landlords and tenants. Any party going to dispute resolution may be represented by an agent, advocate, or lawyer. The Arbitrator may require a representative to provide proof of their appointment to represent a party and may adjourn a dispute resolution hearing for this purpose. To understand the procedure, advocates should read the RTB’s [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rules-of-procedure/rop-2025-06-06.pdf dispute resolution Rules of Procedure]. These Rules of Procedure are revised occasionally, usually without any notice or announcement.

=== 1. Disputes Covered by Dispute Resolution ===

Virtually all claims that may arise between tenants and landlords are eligible for dispute resolution (''RTA'', s 58). A court does not have and must not exercise any jurisdiction in respect of a matter that must be submitted to dispute resolution before the RTB. The exceptions are as follows, where the RTB has no jurisdiction:
*the monetary claim for compensation under the following sections of the ''RTA'' exceeds $65,000 (''RTA'', s 58(2)(a.1)), which each provide for compensation equalling 12 months’ rent:
**s 51 (1) or (2) (tenant’s compensation: section 49 notice);
**s 51.1 (tenant’s compensation: requirement to vacate);
**s 51.3 (tenant’s compensation: no right of first refusal);
**s 51.4 (tenant’s compensation: section 49.2 order).
*any other monetary claim exceeds the monetary limit prescribed under the ''Small Claims Act'', RSBC 1996, c. 430, s 3, which is $35,000 (''RTA'', s 58(2)(a));
*the dispute is linked substantially to a matter that is before the Supreme Court (''RTA'', s 58(2)(d)); or
*the dispute involves the ''Human Rights Code'', RSBC 1996, c 210 or a constitutional question (''RTA'', s 5.1(c) and (d)).

If a participant’s monetary claim is over the applicable limit, they can bring the dispute into the RTB’s jurisdiction by abandoning the amount that exceeds the limit (''RTA'', s 58(2.2)).

Some issues that may apparently be under the exclusive jurisdiction of the ''RTA'' may still be grounded in a different source of law. In such cases, a tenant may be able to elect to proceed with their claim either as an RTB dispute or as a different kind of civil claim that falls under the inherent jurisdiction of another court. For example, if a tenant’s claim can be successfully characterized as a claim in negligence, they may be permitted to proceed with an action in Supreme Court. See ''[https://canlii.ca/t/j0c9c Janus v The Central Park Citizen Society]'', 2019 BCCA 173 at paras 23-29.

=== 2. Arbitrators ===

Arbitrators are like judges and base their decisions on evidence and arguments presented by the parties at the dispute resolution hearing. Arbitrators are only bound by legal precedent established by the court; past RTB decisions are not binding but may be persuasive. The RTB’s Policy Guidelines are more strongly persuasive albeit not fully binding (''[https://canlii.ca/t/gv0gr Powell v British Columbia (Residential Tenancy Branch)]'', 2016 BCSC 1835 at para 33).

Arbitrators are not required to have any formal legal training, though some may. Students intending to make legal arguments should be prepared to do so using as much plain language as possible, but should take care to specifically refer to all relevant law, regulation and policy, and apply those to the facts.

An Arbitrator has authority to make any findings of fact or law necessary to resolve disputes that arise under the ''RTA'' or a tenancy agreement (''RTA'', s 62(2)). Arbitrators may assist the parties or offer the parties an opportunity to settle their dispute during a hearing (''RTA'', s 63). They can record agreements reached by the parties, sign off on the agreement, and record the settlement as an order. Except as otherwise provided by the ''RTA'', a decision of the director is final and binding (''RTA'', s 77(3)).

=== 3. Joint Hearings ===

The RTB cannot make orders for landlords and tenants not participating in a hearing, so class action lawsuits do not exist for RTB hearings. However, tenants can seek a joint hearing where they can join their claims into a single hearing. If several tenants seek a joint hearing, under the ''RTA'', they must file separately for Dispute Resolution then apply to join their claims together. The scheduled hearing date may include a preliminary hearing to allow the parties to argue why the matters should or should not be joined. Arbitrators can also decide to hear the cases jointly without the consent of the landlord.

For more information on joint RTB hearings, see [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/tenancy-dispute-resolution/participatory-process/complete-and-file-application/join-dispute-applications here].

=== 4. Limitation Dates ===

The general limitation period for filing a claim at the RTB is two years from the end of the tenancy to which the dispute relates (''RTA'', s 60) unless otherwise provided for in the ''RTA''. Most of the other limitation dates apply to eviction disputes and are much shorter, ranging from a few days to one month.

If an application for dispute resolution is made past the expiry of the limitation period, it will be dismissed regardless of its chances of success.

== B. Dispute Resolution Procedure ==

=== 1. Applying for Dispute Resolution ===

A landlord or tenant who wants a government-appointed Arbitrator to settle a dispute must complete an application for dispute resolution. Most applications for dispute resolution are filed online through the RTB website. Applicants can also apply in person by submitting a paper application for dispute resolution form in person at the RTB office or any Service BC office. Note that there are separate forms for the landlord and the tenant.

Online applications can be paid with a credit card or an online debit card. Applicants wishing to apply for a fee waiver must also upload proof of income through the online portal or submitting it in person. The application will not be considered made until the applicant has paid the filing fee or submitted the documents required for a fee waiver.

The RTB created a Monetary Order Worksheet, [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb37.pdf form RTB-37], which is mandatory when applying for a monetary order.

For more information about how to apply for dispute resolution and request a fee waiver, see [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/tenancy-dispute-resolution here].

Evidence must be submitted with the application.

==== a) Naming Parties on an Application ====

Individuals should be named by their full legal names. Businesses should be named using the full legal name of the business, which may include an indication of the type of legal structure the business operates under and may be a numbered corporation. Where a business carries on business under a name other than the legal name of the business, the party can be named as “doing business as” (“dba”) the other name.

==== b) Documents Required at the Time of the Application ====

To the extent possible, the applicant must submit the following documents at the time the application is submitted, or within three days if making the application online (RTB ROP, Rule 2.5):
*a detailed calculation of any monetary claim being made;
*a copy of the Notice to End Tenancy, when the applicant seeks an order of possession or to cancel a Notice to End Tenancy; and
*copies of all other documentary and digital evidence to be relied on in the proceeding, subject to the rules about new and relevant evidence.

In practice, the requirement to submit all available evidence at the time of making the application is less strictly enforced for tenants disputing notices to end tenancy.

==== c) Amending an Application for Dispute Resolution ====

In certain circumstances, applications for dispute resolution that have already been submitted can be amended. Amended applications must be related to existing issues raised in the original application.

To amend an application for dispute resolution, the applicant completes the form RTB-42, Amendment to an Application for Dispute Resolution, and submits that form along with any accompanying evidence to the RTB. Once the RTB approves the application, the applicant serves the other party with a copy of the application and supporting evidence, not less than 14 clear days before the hearing. Note that as the application must be served to each party 14 clear days before the hearing, and it takes time to have the application approved, it is advisable to apply to amend as soon as possible so as to meet these deadlines.

To learn more about amending an application, see [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/tenancy-dispute-resolution/participatory-process/complete-and-file-application/amend-update-application here].

==== d) Direct Requests ====

In a direct request, the RTB makes an order through a written application alone, without a participatory hearing.

A tenant can make a direct request for the return of their deposit(s) when they gave the landlord their forwarding address in writing at the end of the tenancy, and, within 15 days after the receipt of the forwarding address, the landlord has not returned the outstanding deposit(s) or made an application to retain part or all of the deposit: see RTB PG 49.

A landlord may make a direct request for an order of possession if the tenant has not disputed the notice to end the tenancy by the deadline. In the case of a notice to end tenancy for non-payment of rent, the landlord can also make a direct request for an order to pay rent: see RTB PG 39.

=== 2. Notice of Dispute Resolution Proceedings Package ===

After applying for dispute resolution, the RTB will provide the applicant with a Notice of Dispute Resolution Proceedings Package that must be served to the respondent within three days of receipt (RTB ROP, Rule 3.1). The package served to the respondent must contain the following:
*the Notice of Dispute Resolution Proceeding provided to the applicant by the Residential Tenancy Branch, which includes the Application for Dispute Resolution;
*the Respondent Instructions for Dispute Resolution;
*any fact sheets provided by the Residential Tenancy Branch; and
*any other evidence submitted with the application.

The applicant should always submit proof that the respondent received the Notice of Dispute Resolution Proceeding Package to the RTB. The proof of service will have to be presented if the respondent does not attend to prove that the respondent was served. If the package was served in person by someone else, the person who served the documents should be at the hearing or should provide an affidavit of service to the applicant. Proof of service of any evidence not served with the package should also be submitted to the RTB.

=== 3. Evidence ===

==== a) Definition ====

The rules of evidence do not apply to dispute resolution hearings (''RTA'', s 75), and the definition of evidence for the purposes of dispute resolution hearings includes written legal submissions that would not otherwise count as evidence under the rules of evidence. The Arbitrator has the discretion to decide whether evidence is or is not relevant to the issues identified on the application and may decline to consider evidence that they determine is not relevant.

All evidence must be relevant to the claims being made in an application for dispute resolution.

==== b) Evidence Deadlines and Submission Methods ====

In general, all the applicant’s evidence must be received by the RTB and the respondent no less than 14 days prior to the hearing (RTB ROP, Rule 3.3). The respondent’s evidence must generally be received by the RTB and the applicant no less than 7 days before the hearing (RTB ROP, Rule 3.15).

Note that deadlines may differ for some types of dispute resolution proceedings. See, for example, Rule 11 regarding additional rent increases for capital expenditures.

Arbitrators have the authority to extend the time limit to serve the Notice Package and/or evidence if they find that the Package was sufficiently served for the Act on a later date. Evidence can be submitted online, in person or by mail or fax.

'''(1) Online'''

Where possible, parties should submit evidence digitally. Parties can submit evidence online using [https://tenancydispute.gov.bc.ca/DisputeAccess/ the dispute access site] any time before the deadline. The RTB imposes restrictions on the format, size, or amount of evidence submitted or exchanged during the dispute resolution process. For more information visit [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/tenancy-dispute-resolution/participatory-process/prepare-serve-evidence here].

A party must submit digital evidence together with an accompanying description and comply with 3.10.1 of the RTB Rules of Procedure. Parties who serve digital evidence on other parties must provide the information required under Rule 3.10.1 using Digital Evidence Details (form RTB-43) and in a manner that is accessible to the other party. Parties should always confirm that the other party and the RTB have gained access to the digital evidence before the hearing. No additional evidence may be submitted after the dispute resolution hearing starts, except as directed by the arbitrator.

'''(2) In person'''

Evidence can be submitted at any Service B.C. office, or at the Residential Tenancy Branch office in Burnaby. The applicants will need their file number and dispute access code.

Parties who submit digital evidence in person must do so by providing a copy of the evidence on a memory stick, compact disk, or DVD, or using a method requested by the RTB or Service BC with a printed accompanying description.

'''(3) Mail or Fax'''

Evidence can be mailed to “Residential Tenancy Branch #400-5021 Kingsway, Burnaby, B.C. V5H 4A5” or fax to 604-660-2323 (lower mainland) or 1-866-341-1269 (outside the lower mainland).

A party who submits evidence must keep an exact copy of the evidence they submitted for not less than two years after the date on which the dispute resolution proceeding, including any reviews, concludes. The RTB will not return copies of evidence submitted during the dispute resolution process.

Evidence should be clearly marked and numbered so that all parties involved can easily locate the relevant documents when necessary. If evidence submitted is not in an acceptable format or quality to support a fair and appropriate dispute resolution process, the arbitrator may require the person who submitted the evidence to resubmit it in a different format or resubmit exact copies.

==== c) Calculation of “Days” ====

The definition of “days” from the Rules of Procedure includes the following:
#If the time for doing an act falls or expires on a holiday, the time is extended to the next day that is not a holiday.
#If the time for doing an act in a government office falls or expires on a day when the office is not open during regular business hours, the time is extended to the next day that the office is open.
#In the calculation of time expressed as clear days, weeks, months or years, or as "at least" or "not less than" a number of days, weeks, months or years, the first and last days must be excluded.
#In the calculation of time not referred to in subsection (c), the first day must be excluded and the last day included.

==== d) Late Evidence ====

Rule 3.17 requires that both parties must have the opportunity to be heard on the question of prejudice arising from accepting late evidence. In ''[https://canlii.ca/t/j6d0z Khan v Savino]'', 2020 BCSC 555, the applicant was late to the 14-day deadline by one day but the arbitrator failed to seek submissions regarding prejudice arising from accepting the late evidence from both parties at the hearing. This was a ground for voiding the result at the dispute resolution and returning the decision to the RTB for re-determination.

==== e) Witness Statements ====

If a witness cannot attend or take testimony over the phone, the Arbitrator may accept affidavits, although written statements may suffice. If a party thinks a witness has something to contribute to their case but the witness refuses to cooperate, the party can request in advance or at the hearing that the Arbitrator summon that witness (RTB ROP, Rules 5.3 – 5.5).

=== 4. The Dispute Resolution Hearing ===

Hearings are a formal process, though less formal than court. The RTB uses the dispute resolution Rules of Procedure. The RTB publishes Policy Guidelines intended to assist Arbitrators in interpreting and applying the law.

These are useful for preparing for a hearing, but Arbitrators have the discretion to decide when and how to apply Policy Guidelines. Most RTB hearings are now conducted via telephone. However, there are still some in-person or written hearings.

==== a) Telephone Hearings ====

Parties should join the conference call in a quiet place where they will not be interrupted. Parties should try to call about 5 minutes before the start of the hearing. It is important that parties check they have the correct telephone code. If a hearing has been adjourned or continued from an earlier hearing, the code may be different than the previous one.

Telephone hearings are usually scheduled for one hour exactly. If the hearing is not finished at this time, the Arbitrator may extend the hearing or schedule another conference call to continue the hearing. This may be several weeks or months after the first hearing. It is important that parties be focused on the outcome they wish to achieve and that their documents are carefully organized and page numbered so that time is not wasted searching for documents and other evidence.

==== b) In-Person and Written Hearings ====

In-person or written hearings are rare and will generally only occur at the request of one or both parties, to account for unusual circumstances or needs of one or both parties. For more information on alternative hearing formats, see [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl44.pdf RTB Policy Guideline no. 44: “Format of Hearings.”]

==== c) Expedited Hearings ====

Expedited hearings are for applications that are very urgent and where it would be unfair for the applicant to wait for a standard hearing.

They are limited to the following matters:
*An early end to a tenancy for very serious breaches by the tenant;
*An order of possession for a tenant when there has been an illegal lockout; and
*Emergency repairs for safety and security (which excludes mould).

Usually, the branch tries to schedule them for a hearing within 12 days from the date the application is made. In cases where there is evidence that violence has occurred, health and safety are severely jeopardized or there is a demonstrable immediate danger or threat, the branch may schedule it for a hearing within six days.

Applicants should not apply for expedited hearings if their dispute does not fulfill the requirement of an expedited hearing. To ensure that expedited hearings are reserved for urgent matters, the RTB will contact applicants who have not disclosed reasonable grounds for making the expedited hearing application with suggestions on amending their application; if the applicant does nothing, the RTB may dismiss their application under Rule 10.1.3 (RTB PG 51). Delays from reapplying because of such a dismissal can cause an applicant to miss the limitation date.

More details including how to apply are available online [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/tenancy-dispute-resolution/expedited-hearings online].

==== d) Facilitated Settlement ====

The RTB may schedule a dispute resolution application to be first processed by facilitated settlement. At a facilitated settlement conference, a case facilitator helps the parties resolve the dispute through negotiation and agreement rather than argumentation. Evidence and document service deadlines still apply, and attendance is mandatory if the dispute is scheduled for facilitation.

If the parties fail to reach an agreement, the dispute proceeds to a participatory hearing. For more information about facilitated settlement conferences, see [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/tenancy-dispute-resolution/facilitated-settlement here].

=== 5. The Arbitrator’s Decisions ===

The Arbitrator may render a decision at the end of the hearing and will make a written decision following the hearing. Pursuant to s 77(1) of the ''RTA'', the written decision and reasons must be provided within 30 days. If a party, pursuant to s 78 of the ''RTA'' completes a form requesting correction of a technical error, omission, or clarification within 15 days of the decision being given, such amended decision or clarification must be provided within 30 days.

The Arbitrator’s order is final and binding but may be reviewed in limited circumstances (s 79).

=== 6. Amendments to Decisions/Orders ===

On an Arbitrator’s initiative, or at the request of a party, the Arbitrator may correct technical errors, or within 15 days, clarify a decision, reason, or inadvertent omissions in a decision or order. The Arbitrator may also require that notice of a request be given to the other party. The Arbitrator shall not exercise this power unless the Arbitrator considers it just and reasonable in the circumstances (''RTA'', s 78(3)).

The RTB continues to amend its Policy Guidelines on key issues under the ''RTA''. There are now over 40 detailed RTB Policy Guidelines available that ensure more consistency in dispute resolution decisions, and which should be reviewed in preparation for any hearing. They can found online [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/calculators-and-resources/tenancy-policy-guidelines-number online].

== C. Serving Documents: Giving and Receiving Notice under the ''RTA'' ==

The rules for serving the other party with documents depend on what is being served, and who is being served. This section sets out the basics of service, but for more detail or to check the requirements for your specific situation, you may need to check PG 12.

=== 1. Service Methods ===

Generally, items can be served in any of the ways listed below. Some items must be served in particular ways. For details on items that must be served only in certain ways, see the relevant section below.

Different service methods are “deemed” or considered served at certain times after the date on which they are served. Note that, if there is proof that the document was actually received earlier than the date it is deemed to be received, the document may be considered received on the day it was actually received.

==== a) Personal Service ====

For tenants serving a landlord, the tenant must serve by leaving a copy with the landlord or landlord’s agent. For a landlord serving a tenant, the landlord must leave a copy with the tenant, and in a case with multiple tenants, with each co-tenant separately.

Personal service requires physically handing a copy of the document to the person being served, and, if the person declines the document, leaving a copy of the document near the person, and informing the person being served of the nature of the document.

Persons can be served anywhere the person serving has legal access to, including in public streets and other publicly or privately owned areas open to the public.

==== b) Registered Mail ====

You may serve these items by sending them by registered mail (any Canada Post service with delivery confirmation to a named person) to the address for service of the other party. For landlords, this is where the landlord lives or carries on business as a landlord. This address may be listed on the lease or other document related to the tenancy. For tenants, this is the address where the tenant resides at the time of mailing, or the forwarding address provided by the tenant.

Records indicating that a person refused to accept a piece of registered mail are considered proof of service. Registered mail is deemed received on the fifth day after mailing.

==== c) Ordinary Mail ====

This method is the same as service by registered mail, except that it is sent by ordinary postal service. Ordinary mail is deemed received on the fifth day after mailing.

==== d) Leaving a Copy of the Document at the Person’s Residence with an Adult Person who Apparently Resides with the Person to be Served ====

This method involves leaving the document with a person 19 years or older who, from what can be observed and is evident from all the circumstances, resides with the person to be served. Such documents are considered personally served, and is considered served on the day they are delivered.

==== e) Leaving a Copy of the Document in a Mailbox or Mail Slot ====

This method involves leaving the document in a mailbox or mail slot. For serving tenants, this would be the place where the person to be served resides at the time of service. For landlords, this would be at the address for service identified in the tenancy agreement or on the Notice to End Tenancy the tenant is contesting, or the place where the person to be served carries on business as a landlord. You must make sure that the mailbox or mail slot truly belongs to the person being served, particularly where there are multiple boxes or slots for one building.

Documents left in a mailbox or mail slot are considered served on the third day after they are left.

==== f) Posting ====

This method involves attaching a copy of the document to a door or other conspicuous place (a place that is clearly visible and likely to attract notice or attention). Placing a copy of the item under a door is not sufficient for service by “posting”. For serving tenants, this would be where the person resides at the time of service, and for serving landlords, this would be at the address for service identified in the tenancy agreement or on the Notice to End Tenancy that the tenant is contesting, or the place where they carry on business as a landlord.

Documents served by posting are considered served on the third day after they are attached.

==== g) Fax ====

You can serve a party by fax if they have provided a fax number as their address for service.

Documents served by fax are considered served on the third day after faxing them.

==== h) Substituted Service ====

If none of the above options are feasible, the RTB may order another type of service. In applying for substituted service, you must show that the party being served cannot be served by any of the methods listed and that there is a reasonable expectation that they will receive the documents if served in the manner being proposed.

==== i) Email ====

You can serve a party by email to an email address provided for service. The documents are considered served 3 days later when the tenant does not say or show that they received it on an earlier date.

=== 2. Requirements for Specific Documents ===

==== a) Application for dispute resolution or Residential Tenancy Branch decision to proceed with a review of a decision ====
These items, except for applications by landlords for an order of possession or an order ending a tenancy early, may only be served by personal service, registered mail, or by another service method authorized by an order for substituted service.

==== b) Application by a landlord for an order of possession or an order ending tenancy early ====

These items can only be served by personal service, registered mail, posting, or by another service method authorized by an order for substituted service.

=== 3. Address at Which the Landlord Carries on Business as a Landlord ===

To quote from RTB PG 12: “A landlord may operate a business as a landlord from one location and operate another business from a different location. The Legislation does not permit a tenant to serve a landlord in one of the ways set out above at the address where the landlord carries on that other business unless the landlord also carries on their business as a landlord at that same address".

"If the landlord disputes that they have been served in one of the permitted ways at the address where they carry on business as a landlord, or if the landlord does not attend the hearing, the tenant will have to provide sufficient evidence to the Arbitrator to prove that the address used is, in fact, the address at which the landlord carries on business as a landlord” (RTB PG 12).

The address at which the landlord carries on business as a landlord may be:
*Set out in the tenancy agreement;
*The landlord’s office or resident manager’s suite in an apartment building;
*The address where the landlord resides;
*A separate business address in an office or storefront location.

=== 4. Proof of Service ===

Where service has been affected and a party fails to appear at a hearing, the other party should be prepared to prove that service was affected.

For personal service, this can be done by having the person who actually served the other party appear as a witness at the hearing or provide a signed statement with details about service. For personal service on another adult apparently residing with the other party, details should be included about the date and time of service, identity of the person served, and description of how it was confirmed that the person apparently resides with the party being served.

For registered mail, a Canada Post tracking printout providing information about the delivery of the registered mail item and the signature of the recipient will suffice. PG 12 states that intentional refusal to pick up registered mail does not rebut the deemed receipt provisions, so if the tracking report shows that the mail was refused by the recipient, a party should still be able to argue that the documents were properly served. Proof of service by other methods should include details about the date, time, identity of persons served, address where notice was posted, fax number or mailbox information, and any other relevant information. Photographs of service can be valuable in proving that service occurred.

== D. Review of Arbitrator’s Decision ==

=== 1. Application for Review of Arbitrator's Decision ===

Under the ''RTA'', s 79(2), an application may be made for Review of the Decision or Order, only if:
#the party was not able to attend the original hearing due to circumstances that could not be anticipated and were beyond their control;
#there is new and relevant evidence that was not available at the time of the original hearing; or
#a party has evidence that the Arbitrator’s decision or order was obtained by fraud.

The Application for Review does not include an oral hearing. The written application for review must, therefore, be complete and exact, with all necessary documents attached. Note that an Application for Review is not an opportunity to re-argue the facts of the case.

Other grounds of review made available through RTB PG 24 are as follows:
*material evidence submitted late and not before arbitrator;
*administrative procedural error;
*technical irregularity or error;
*the Arbitrator did not determine a required issue;
*the Arbitrator did not have jurisdiction to determine an issue.

'''NOTE''': There is a filing fee, which cannot be recovered, but which can be waived under the same circumstances for which the original application fee can be waived.

'''NOTE''': ''[https://canlii.ca/t/ggsgw Martin v. Barnett]'', 2015 BCSC 426 stands for the principle that a party must exhaust statutory review procedures before bringing an application for judicial review, but where the RTB does not have the power on reconsideration to encompass the alleged error (i.e. where the alleged error does not fall within one of the three grounds for Review Consideration described above), then reconsideration cannot be considered an adequate alternative to judicial review, and a party is permitted to proceed directly to judicial review. Where the error does fall within the reconsideration power of the RTB, the party must bring a reconsideration application. If they are dissatisfied with that result, a party can judicially review the review consideration decision. ''[https://canlii.ca/t/hz4dg Wang v. Hou]'', 2019 CBC 353 adds that procedural fairness issues that cannot be raised on reconsideration can be the basis for independent judicial review of both original decisions and review consideration decisions if either raise procedural fairness issues.

=== 2. Time Limits for Starting a Review Consideration ===

There are strict time limits in the ''RTA'' for launching a review. For orders of possession (s 54, 55, 56, 56.1), unreasonable withholding of consent (s 34 (2)) and notices to end tenancy for non-payment of rent (s 46) the time limit is two days. For a notice to end a tenancy agreement other than under s 46, repairs or maintenance under s 32, and services or facilities under s 27, the time limit is five days. For other orders, the time limit is 15 days (''RTA'' s 80). If multiple time limits apply, the review application must be made within the shortest period that applies (RTB PG 24).

A review application is not a stay of proceedings but can act as one since court enforcement of an Arbitrator decision requires the landlord/tenant applying for the enforcement to swear to court that they have confirmed with RTB that there is no review application consideration pending. A stay of proceedings can also be requested separately through the Supreme Court.

=== 3. Successful Application for Review ===

If a party is successful in their Application for Review, that person will receive a written decision from the Arbitrator permitting the review to proceed. The original decision would be set aside, and a new hearing date would be scheduled.

The Arbitrator’s decision permitting review must be served on the other side within three days of receiving the decision. The same method of service must be used as outlined above for a Notice of Hearing package.

=== 4. Review by the Supreme Court of B.C. ===

An Arbitrator’s decision can also be reviewed by the Supreme Court of B.C. under the [https://canlii.ca/t/844v Judicial Review Procedure Act, RSBC 1996, c 241]. The ''RTA'' contains a privative clause (s 84.1) which narrows the scope of the review. It is not a new trial. The Supreme Court of B.C. generally would conduct a review if there were:
*Patently unreasonable error of fact or law
*Breach of procedural fairness

When a decision is overturned by the court, the case is usually returned to an Arbitrator to be reheard. Due to the complexity of operating in the B.C. Supreme Court, a lawyer should be involved for a judicial review in B.C. Supreme Court. It is important to get legal advice and act quickly. The Community Legal Assistance Society (CLAS) (604-685-3425) is available to assist with judicial reviews of Arbitrators’ decisions where the decision relates to an eviction notice. [https://tenants.bc.ca/get-help/housing-law-clinic/ TRAC’s Housing Law Clinic] may also assist with judicial review of RTB Decisions. For more information on grounds on grounds for judicial review, see [https://judicialreviewbc.ca/ here].

'''NOTE''': Losing a judicial review may result in an award of costs, meaning that the losing party must pay the legal costs of the other party.

=== 5. Filing Complaints to the RTB ===

Complaints about information officers, dispute resolution hearings, or general services of the RTB must be put into writing and email to [mailto:HSRTO@gov.bc.ca HSRTO@gov.bc.ca] or mailed to the Executive Director of the RTB:

P.O. Box 9844 Stn Prov Govt
Victoria, B.C. V8W 9T2

Complaints can also be made to the BC Ombudsperson. More information can be found [https://bcombudsperson.ca/ here].

Note that the BC Ombudsperson does not review decisions; they can only investigate complaints where a person feels that RTB staff has treated them unfairly.

== E. Enforcing the Arbitrator’s Order ==

'''NOTE''': If a successful party has any concerns about the ability to serve an order, they should request an order under ''RTA'', s 71(1) and (2) permitting alternate means of service. An example of such an order would be one that permits serving a document at a tenant’s workplace rather than at their new home.

=== 1. Enforcing a Monetary Order ===

The Arbitrator may order the tenant or landlord to pay a monetary amount or to bear all or part of the costs of dispute resolution (''RTA'', s 67). Enforcement of the order is the sole responsibility of the applicant. If the monetary order is in favour of a tenant still living in the rental unit owned by the landlord that the order is against, the Arbitrator may direct the tenant to deduct the award from the rent (''RTA'', s 65(1)(b)). Rent should not be withheld unless the decision explicitly states this is allowed. If the monetary order is in favour of a landlord still holding all or part of the security deposit paid by the tenant, it may be deducted from the tenant’s security deposit. If neither of these situations applies, one should give the other party a written request for payment stating the amount owing and requesting payment by the date on the order or within a reasonable time.

If the other party still does not pay, the order can be filed in the Small Claims Court.

=== 2. Enforcing a Repair Order ===

If a landlord fails to make repairs as ordered by an Arbitrator, the tenant can apply for an order requiring compliance. The order to comply may include an order that the landlord reduces the rent until the repairs are complete.

=== 3. Enforcing an Order of Possession ===

The purpose of an Order of Possession is to gain vacant possession of the rental premises. The landlord should first give a copy of the Order of Possession to each person named in the order. The best way to do this is to hand the copy to the other parties personally or by registered mail. The ''RTA'' also permits for the Order of Possession to be posted on the tenant’s door. The tenant should be asked to move out of the rental unit within the period given in the order. If a tenant does not comply with the order, the landlord must not attempt to physically remove the tenant by their own means (''RTA'', s 57(2)), as this is unlawful. Bailiff services, described below, can be used to lawfully remove the tenant.

==== a) Use of Bailiff Services ====

If the tenant does not comply with the order and does not vacate the rental unit on the date specified on the order, the Order of Possession can be filed in the Supreme Court of B.C. Registry. The landlord must obtain a Writ of Possession in Supreme Court and contact a court bailiff service. The Writ of Possession can then be executed by the court bailiff.

Court bailiffs carrying out an eviction can seize and sell tenants’ personal property to pay their fees. Tenants have the right to claim exemptions to protect certain items, and bailiffs will often give tenants an opportunity to claim these exemptions when they first show up at the rental unit. Tenants should contact the bailiff company right away if their belongings are taken before they have a chance to claim the exemptions. Tenants must claim their exemptions within two days of the date they found out that their property was seized.

==== b) Role of the Police ====

Neither the police nor the RCMP has the authority to evict tenants. The police may attend the occasion to prevent a breach of peace, but they cannot play any role in evicting the tenant. However, the police will attend and remove the tenant if required to do so by the court bailiff.

=== 4. Non-Compliance ===

Under s 87(3) and s 87(4) of the ''RTA'', administrative penalties of up to $5,000 per day may be imposed against landlords for contravening the ''RTA'', the Regulation, or an order. Administrative penalties are rarely, if ever, imposed and according to the RTB guidelines, such penalties are to be used only in response to “serious, repeated non-compliance.”

The RTB has established a Compliance and Enforcement Unit to conduct investigations of repeated or serious non-compliance with tenancy laws or orders of the RTB, issue warnings to ensure compliance and if necessary, administer monetary penalties.

The Compliance and Enforcement Unit only handles cases in which all attempts to resolve the issue through the RTB have been made, yet there is still no compliance. Usually, the first step that the unit takes would be simply informing the parties of their responsibilities.

Example of matters that the unit investigates:
*Renters repeatedly not paying rent;
*Landlords repeatedly attempting to evict renters illegally;
*Refusal to complete health and safety repairs; and
*Illegal rent increases.

{{LSLAP Manual Navbox|type=chapters15-23}}

End of Tenancy (Termination and Eviction) (19:XI)

2026-10-09T19:08:34Z

Nate Russell:

{{REVIEWED LSLAP | date= 22 July 2026}}
{{LSLAP Manual TOC|expanded = landlord}}

== A. Overview ==

Landlords and tenants may end a tenancy in compliance with the ''RTA''. This includes requirements about the form and length of notice required for a notice to end tenancy to be effective, and the reasons that a landlord is allowed to serve a tenant with a notice to end tenancy (commonly referred to as an eviction notice).

A periodic tenancy continues on a weekly, monthly, or other periodic basis until it is ended in accordance with the ''RTA'' (''RTA'', s 1). A periodic tenancy may be set out in the lease agreement; in addition, for a fixed-term tenancy that does not require the tenant to vacate on the last day, the landlord and tenant are deemed to have entered into a month to month periodic tenancy on the same terms if they have not entered into a new agreement by the last day (''RTA'', s 44(3)).

Eviction notices lay out the procedure for disputing the notice to end tenancy, including the very short deadline to apply for dispute resolution at the RTB that varies depending on the type of eviction notice. Tenants should never ignore a notice, even if they believe it is drafted incorrectly; the best course of action is to apply for dispute resolution so that an RTB arbitrator may adjudicate the validity of the eviction.

Readers are cautioned that because residential tenancy law changes very quickly, it is highly advisable to first research and verify the latest tenancy law before acting or advising on something in this Chapter, especially as it relates to notice periods or limitation periods for notices to end tenancy.

== B. Requirements of Notices to End Tenancy ==

=== 1. Form ===

For a notice to end a residential tenancy to be effective, it must:
*be in writing (''RTA'', s 52);
*be signed and dated by the landlord or tenant giving notice (''RTA'', s 52(a));
*include the address of the rental unit (''RTA'', s 52(b)); and
*state the effective date of the notice (''RTA'', s 52(c)).

For a landlord’s notice to be effective, it must also use the approved RTB form found on the RTB website (''RTA'', s 52(e)), which lays out how the tenant may dispute the notice. A landlord’s notice must also state the grounds for ending the tenancy; tenants’ notices are not subject to this requirement (''RTA'', s 52(d)).

If a notice to end tenancy does not comply with these form requirements, an Arbitrator may nevertheless amend the notice if they are satisfied that the person receiving the notice knew or should have known the information that was omitted from the notice, and it is reasonable to amend the notice (''RTA'', s (68)(2)). They may set aside the notice, amend it, or order that the tenancy end on a date other than the effective date shown (''RTA'', s 68(2)). Thus, tenants are cautioned against presuming that a minor defect on a notice to end tenancy makes it invalid, without the need to file for dispute resolution at the RTB.

Dates are self-corrective (''RTA'', s 53), so notice is not void simply because a landlord proposes to have the tenancy end on a date sooner than the ''RTA'' allows.

In ''[https://canlii.ca/t/k8m48 Mangat v Dhindsa]'', 2024 BCSC 2406 [Mangat], the British Columbia Supreme Court reviewed a decision by an RTB arbitrator who had dismissed a tenant’s compensation claim under section 51 of the ''RTA''. The tenant had moved out of a rental unit after receiving an eviction notice from the landlord, who stated he intended to use the unit for personal use. However, the tenant later discovered that the landlord had rented the unit to someone else instead. The arbitrator rejected the tenant’s claim on the grounds that the landlord had not used the prescribed RTB form for a personal-use eviction, concluding that no formal notice under section 49 had been issued. The Court found this decision to be patently unreasonable, emphasising that the legislative intent of section 51 is to protect tenants from bad-faith evictions (''Mangat'' at para 14). The Court ruled that the landlord’s non-compliance with the format requirements could not be used to deny the tenant relief and directed the RTB to reconsider the case.

=== 2. Date of Receipt ===

The required length of notice depends on the type of notice to end tenancy, described in further sections of this Chapter below. They are tied to when the other party receives the notice.

Giving and serving documents is governed by sections 88 to 90 of the ''RTA'' and sections 43 and 44 of the ''RTR''; notably, email is not a method of service unless the person provided their email address as an address for service (''RTR'', s 43(1)). Absent evidence to the contrary, documents are presumed to be received on the following timelines:
*if given or served in person, on the same day;
*if given or served by mail, five days after it is sent (''RTA'', s 90(a));
*for most other methods, three days after it is sent or posted.

=== 3. Paying Rent During the Notice Period ===

When a notice to end tenancy is given by either party, the effective date is later, creating a notice period. Rent must be paid throughout the notice period (''RTA'', s 26(1)), as the tenancy does not end until the effective date. A tenant who does not pay rent for the remainder of the tenancy may be served with a 10-day notice to end tenancy for non-payment of rent.

=== 4. Calculating the Notice Period ===

Many notice periods for notices to end tenancy require both that its duration is at least a certain number of months and that its effective date falls on the day before rent is due. The result is that the required notice period can vary depending on when notice is given.

For example, if rent is payable on the first day of the month, a one-month notice given on January 1 will be effective in terminating the tenancy agreement no earlier than February 28, whereas notice given on May 31 would be effective to end the tenancy on June 30. In the former, the notice period lasts nearly two months, whereas in the latter, the notice period lasts less than a day longer than one month.

== C. Tenant Gives Notice ==

A tenant can end a tenancy by giving notice. A landlord cannot apply for dispute resolution with respect to a tenant's eligibility to end their tenancy, but they can apply for dispute resolution if:
*Notice was given by a person who was not authorized under the regulations to do so;
*The tenant's notice is not provided in accordance with the ''RTA''; or
*There are other claims unrelated to the tenant's notice to end tenancy.

When a tenant ends a tenancy this way, all individuals under the same tenancy agreement must vacate the rental unit when the tenancy ends, subject to whether the landlord enters into a new tenancy agreement with the remaining tenants immediately afterwards (RTB PG 13), which may involve renegotiation of the terms of the agreement, including the rent amount. Thus, not having to choose between moving out or accepting a rent increase when a different tenant leaves is one advantage of signing a tenancy agreement that is separate from any other tenants living in the same unit.

=== 1. One Month’s Notice ===

Where there is a periodic tenancy, the tenant can terminate the tenancy by giving notice with an effective date that satisfies both of the following:
*it is at least one clear month after the landlord receives the notice (''RTA'', s 45(1)(a)); and
*it takes place on the day before rent is periodically payable (''RTA'', s 45(1)(b)).

Where there is a fixed term tenancy, the effective date also must not be earlier than the end date of the tenancy as specified in the tenancy agreement (''RTA'', s 45(2)(b)). As a result, a fixed term tenant usually cannot end their tenancy early, but they can prevent it from converting into a month to month tenancy.

Although a landlord is not entitled to dispute a tenant’s one-month notice to end tenancy, if the tenant’s notice does not comply with the above requirements, the landlord may be entitled to monetary compensation at RTB dispute resolution.

=== 2. Family Violence ===

A tenant is eligible to end a fixed term tenancy early in the following circumstances:
*they or their dependant are likely at risk from family violence carried out by the tenant’s family member, as defined under the ''[https://canlii.ca/t/8q3k Family Law Act]'', SBC 2011, c 5 [''FLA''] (''RTA'', s 45.1(2)(a)(i));
*they or any occupant are likely at risk from household violence (''RTA'', s 45.1(2)(a)(ii));
*they have been assessed as requiring long-term care (''RTA'', s 45.1(2)(b)); or
*they have been admitted to a long-term care facility (''RTA'', s 45.1(2)(c)).

The definition of “family violence” does not require intent to harm the tenant or family member, and includes the following (''FLA'', s 1):
*real or attempted physical or sexual abuse of a family member;
*psychological or emotional abuse of a family member; and
*direct or indirect exposure of a child to family violence.

The definition of “household violence” covers similar violence as “family violence,” including the lack of an intention to harm the tenant or occupant; “household violence” additionally covers circumstances when such violence has adversely affected or is likely to adversely affect the tenant or occupant’s quiet enjoyment, security, safety, or physical well-being (''RTA'', s 45.1(1)).

To terminate a fixed term tenancy early, the tenant must fill out Form RTB-49 and submit it to the landlord along with one month’s written notice. A qualified third party is required to verify the risk of family violence or the need for long-term care (''RTA'', s 45.2). Section 39 of the ''RTR'' lists persons qualified to confirm a risk of family violence, whereas section 40 of the ''RTR'' lists persons qualified to confirm the need for long term care.

== D. Landlord Gives Notice ==

Certain time limits may be extended, but only in exceptional circumstances (''RTA'', s 66(1)). In any event, time limits to dispute a notice to end tenancy cannot be extended past the effective date of the notice (''RTA'', s 66(3)). See RTB PG 36: Extending a Time Period, which sets out more information regarding the high bar of exceptional circumstances.

=== 3. Non-Payment of Rent ===

A landlord may give a notice to end a tenancy if rent is unpaid on any day after the day it is due (''RTA'', s 46(1)). If a tenant fails to pay the utilities, the landlord can give written notice demanding payment; if the payment remains unpaid for over 30 days after the tenant receives the written demand, the landlord can treat the unpaid amount as unpaid rent for the purposes of ending the tenancy (''RTA'', s 46(6)).

==== a) Effective Date of the Notice ====

A notice to end tenancy for non-payment of rent is effective 10 days after the tenant receives the notice (''RTA'', s 46(1)).

==== b) Timeline to Invalidate or Dispute the Notice ====

After receiving the notice, the tenant has five days to do one of the following:
*pay the overdue rent, which invalidates the notice (''RTA'', s 46(4)(a)); or
*dispute the notice by applying for dispute resolution (''RTA'', s 46(4)(b)).

If the tenant does not pay the outstanding rent or dispute the notice to end tenancy on time, the tenant is conclusively considered to have accepted that the tenancy has ended on the effective date of the notice, and must vacate the unit by that date (''RTA'', s 46(5)). The landlord can go to the RTB to make a direct request for an order of possession without a hearing. No evidence from any other party would be considered except the landlord’s written submissions.

A notice to end tenancy for non-payment of rent has no effect if the amount of unpaid rent is an amount the tenant is permitted under the ''RTA'' to deduct from rent. However, tenants still need to file for dispute resolution in this situation rather than simply ignore the notice, otherwise they will be deemed to have accepted the end of the tenancy (''RTA'', s 46(5)(a)).

==== c) Paying the Overdue Rent ====

If a tenant pays the overdue rent in cash, they should request that the landlord provide a receipt as required under section 26(2) of the ''RTA''. This can help prove that the tenant paid the overdue rent.

If the tenant decides to pay the overdue rent after the five-day period is over, the landlord is not obligated to accept the late payment, and even if the landlord does accept it, this does not cancel the notice as the tenant is conclusively presumed to accept the notice as ending the tenancy (''RTA'', s 46(5)(a)).

=== 4. Cause to End Tenancy ===

A landlord may give notice to end tenancy for cause under certain circumstances. The following lists some of the valid causes:
*the tenant has not paid the security deposit or pet damage deposit within 30 days of the date it must be paid under the tenancy agreement (''RTA'', s 47(1)(a));
*the tenant is repeatedly late paying rent (''RTA'', s 47(1)(b));
*there are an unreasonable number of occupants in the rental unit (''RTA'', s 47(1)(c));
*the tenant or a person they permitted on the residential property has seriously jeopardized the health or safety or a lawful right or interest of the landlord or another occupant (''RTA'', s 47(1)(d)(ii));
*the tenant or a person they permitted on the residential property has engaged in illegal activity that has jeopardized or is likely to jeopardize a lawful right or interest of another occupant or the landlord (''RTA'', s 47(1)(e)(iii));
*the tenant or a person they permitted on the residential property caused extraordinary damage to a rental unit or residential property (''RTA'', s 47(1)(f));
*the tenant fails to repair damage required under section 32(3) of the ''RTA'' within a reasonable time (''RTA'', s 47(1)(g));
*the tenant has failed to comply with a material term, and has not corrected the situation within a reasonable time after the landlord gives written notice to do so (''RTA'', s 47(1)(h));
*the tenant purports to assign the tenancy agreement or sublet the rental unit without the prior written consent of the landlord (''RTA'', s 47(1)(i));
*the tenant knowingly gives false information about the residential property to a prospective tenant or purchaser viewing the residential property (''RTA'', s 47(1)(j));
*the rental unit must be vacated to comply with a government order (''RTA'', s 47(1)(k)); and
*the tenant has not complied with an RTB order within 30 days of the later between the date the tenant receives the order and the date the order specifies the tenant must comply (''RTA'', s 47(1)(l)).

See section 47 of the ''RTA'' for a complete list of grounds for a landlord ending a tenancy for cause. To comply with the form and content requirements for notices to end tenancy, a landlord’s obligations include using Form RTB-33 and selecting the applicable cause to end tenancy from the provided boxes.

==== a) Effective Date of the Notice ====

A notice to end tenancy for cause must have an effective date that satisfies the following:
*it is at least one clear month after the date the notice is received (''RTA'', s 47(2)(a)); and
*it takes place on the day before rent is usually payable (''RTA'', s 47(2)(b)).

==== b) Timeline to Dispute the Notice ====

Upon receiving a notice to end tenancy for cause, the tenant has 10 days to apply for dispute resolution (''RTA'', s 47(4)). If the tenant does not apply for dispute resolution on time, the tenant is conclusively considered to have accepted that the tenancy has ended on the effective date of the notice, and must vacate the unit by that date (''RTA'', s 47(5)). The landlord can go to the RTB to make a direct request for an order of possession without a hearing. No evidence from any other party would be considered except the landlord’s written submissions.

==== c) Landlord’s Application to End Tenancy Early ====

For certain causes to end tenancy that constitute more serious violations identified in section 56(2) of the ''RTA'', such as engaging in disruptive illegal activity or causing extraordinary damage to the residential property, the landlord may instead apply for an RTB order ending the tenancy on a date earlier than notices to end tenancy for cause would otherwise allow. The RTB may make an order ending the tenancy if they are satisfied of the grounds for ending the tenancy, and that it would be unreasonable or unfair to the landlord or other occupants to wait for the full notice period to elapse (''RTA'', s 56(2)); this eliminates the need for the landlord to provide notice (''RTA'', s 56(3)).

==== d) Repeated Late Payment of Rent ====

A landlord can evict a tenant if they repeatedly pay rent late (''RTA'', s 47(1)(b)). Eviction due to repeatedly late rent payments has a high threshold: although RTB PG 38 states that a minimum of three late payments is required, the existence of three late payments is in no way determinative.

In ''[https://canlii.ca/t/j5wr2 Guevara v Louie]'', 2020 BCSC 380 [''Guevara''], e-transfer delays caused rent payments to be received after the due date, and this was found to be an invalid reason to terminate a tenancy. Furthermore, if a landlord has exhibited a pattern of accepting late rent payments, the doctrine of estoppel may prevent the landlord from later relying on those past instances; in that scenario, the landlord is required to give the tenant reasonable notice that strict compliance with rent deadlines would be enforced (''Guevara'' at para 67) before counting further instances towards a finding of repeatedly late payment of rent.

==== e) By Government Order ====

Although the ''RTA'' operates independently of the legality of a suite under municipal bylaws and policies, municipal and other government orders can require a landlord to evict their tenants.

Municipalities all over the Lower Mainland are attempting to regulate secondary suites. In most Lower Mainland municipalities, secondary suites are regulated and may be legal, though some landlords may be operating the secondary suite without approval. The relevant bylaws and policy guidelines governing secondary suites and enforcement are specific to each municipality.

If a city inspector determines that a suite should be closed down, the city may order the landlord to shut down the suite, which will allow them to give a one-month notice to end tenancy for cause to the tenant.

For more information on the issue of tenancy agreements relating to illegal or unapproved suites, see RTB PG 20: Illegal Contracts.

=== 5. End of Employment with the Landlord ===

A landlord may end the tenancy of a person employed as a caretaker, manager, or superintendent of the residential property of which the rental unit is a part by giving a notice to end the tenancy if:
*the rental unit was provided to the tenant for the term of the caretaker’s (tenant’s) employment (''RTA'', s 48(1)(a));
*the tenant’s employment as a caretaker, manager, or superintendent has ended (''RTA'', s 48(1)(b)); and
*the landlord intends in good faith to rent or provide the rental unit to a new caretaker, or manager (''RTA'', s 48(1)(c)).

More generally, if an employer rents or provides a rental unit to their employee for the term of their employment, the employer can end the tenancy if the employment has ended (''RTA'', s 48(2)).

==== a) Effective Date of the Notice ====

A notice to end tenancy for end of employment with the landlord must have an effective date that satisfies all of the following:
*it is at least one clear month after the tenant receives the notice (''RTA'', s 48(3)(a));
*it is not earlier than the last day the tenant is employed by the landlord (''RTA'', s 48(3)(b)); and
*it takes place on the day before rent is usually payable (''RTA'', s 48(3)(c)).

==== b) Timeline to Dispute the Notice ====

Upon receiving a notice to end tenancy for end of employment with the landlord, the tenant has 10 days to apply for dispute resolution (''RTA'', s 48(5)). If the tenant does not apply for dispute resolution on time, the tenant is conclusively considered to have accepted that the tenancy has ended on the effective date of the notice, and must vacate the unit by that date (''RTA'', s 48(6)). The landlord can go to the RTB to make a direct request for an order of possession without a hearing. No evidence from any other party would be considered except the landlord’s written submissions.

=== 6. Landlord’s Use of Property ===

A landlord can give a notice to end tenancy in certain circumstances of them wanting to use their rental unit. The notice period and dispute resolution limitation dates differ according to the circumstance.

==== a) Good Faith ====

“Good faith” requires an honest motive, unaccompanied by any ulterior motive; whether the honest motive was the primary reason for ending the tenancy is irrelevant to the presence of ulterior motives. The burden lies on the landlord to establish good faith. For further discussion on good faith in evictions for landlord’s use, see RTB PG 2B and ''[https://canlii.ca/t/fm1n9 Gichuru v Palmar Properties Inc.]'', 2011 BCSC 827.

==== b) Grounds: Personal Occupancy ====

Several provisions allow for the owner of a rental unit to end a tenancy so that they or their close family members can use the rental unit for personal occupancy.

For the purposes of notices to end tenancy for landlord’s use, an individual’s “close family member” is defined as any of the following:
*their parent, spouse, or child (''RTA'', s 49(1)(a)); or
*the parent or child of that individual’s spouse (''RTA'', s 49(1)(b)).

Meanwhile, a “family corporation” is defined as a corporation whose voting shares are all owned either one person, or one person and their siblings or close family members (''RTA'', s 49(1)).

A landlord may end a tenancy for landlord’s use if one of the following or their close family member, in good faith, intends to use the rental unit for personal occupancy:
*the landlord (''RTA'', s 49(3));
*where the landlord is a family corporation, a person owning its voting shares (''RTA'', s 49(4)); or
*where the landlord has entered into a good faith agreement to sell the rental unit and all the sale’s conditions have been satisfied (''RTA'', s 49(5)):
**the purchaser; or
**where the purchaser is a family corporation, a person owning its voting shares.

The B.C. Reg. 49/2025 amendment expands the application of sections 42.2 and 42.3 of the RTR to include all landlord-use termination scenarios under sections 49(3), (4), and (5) of the ''RTA''—covering landlord, purchaser, and caretaker/employee use—prescribing a three-month notice period along with a 21-day dispute period from the date the tenant receives the notice. Occupation can include using the space as a home office (''[https://canlii.ca/t/jjswr Koyanagi v Lewis]'', 2021 BCSC 2062 at para 30).

However, a landlord must not give notice to end tenancy for personal occupancy grounds if the rental unit is found in a building that has 5 or more rental units and is either not strata-titled or has all rental units being owned by the same owner (''RTA'', s 49(6.1)).

==== c) Other Grounds ====

A landlord may also end a tenancy for landlord’s use if they have all the permits and approvals required by law, and intend in good faith to do any of the following:
*demolish the rental unit (''RTA'', s 49(6)(a));
*convert the residential property to strata lots (''RTA'', s 49(6)(c));
*convert the residential property into a not for profit housing cooperative (''RTA'', s 49(6)(d));
*convert the rental unit for use by a caretaker, manager, or superintendent of the residential property (''RTA'', s 49(6)(e)); or
*convert the rental unit to a non-residential use (''RTA'', s 49(6)(f)), where converting to vacation or travel accommodation does not qualify (RTB PG 2B).

==== d) Effective Date of the Notice ====

Where there is a periodic tenancy, the effective date of the RTB order must satisfy the following:
*it is at least four clear months after date the order is made (''RTA'', s 49(2)(a)(i)), except where an exception applies; and
*it takes place on the day before rent is usually payable (''RTA'', s 49(2)(b)).

Where there is a fixed term tenancy, the effective date also must not be earlier than the end date of the tenancy as specified in the tenancy agreement (''RTA'', s 49(2)(c)). As a result, the landlord’s use of the rental unit cannot cause a fixed term tenancy to end early, but it can prevent it from converting into a month to month tenancy.

The following exceptions apply to the number of clear months that the notice period must last:
*where the purchaser of the rental unit intends in good faith to use the rental unit for personal occupancy, three clear months is required (''RTR'', s 42.2).

==== e) Timeline to Dispute the Notice ====

Upon receiving a notice to end tenancy for landlord’s use, the tenant has 30 days to apply for dispute resolution (''RTA'', s 49(8)(a)), with the exception being that if the purchaser of the rental unit intends in good faith to use the rental unit for personal occupancy, the tenant has 21 days to dispute an eviction notice (''RTA'', s 49(8)(b); ''RTR'', s 42.3).

If the tenant does not apply for dispute resolution on time, the tenant is conclusively considered to have accepted that the tenancy has ended on the effective date of the notice, and must vacate the unit by that date (''RTA'', s 49(9)). The landlord can go to the RTB to make a direct request for an order of possession without a hearing. No evidence from any other party would be considered except the landlord’s written submissions.

==== f) Requirement for Generated Notices to End Tenancy ====

Certain grounds to end tenancy for landlord’s use require the notice to end tenancy use Form RTB-32L as generated from the RTB’s Landlord Use Web Portal. This requirement applies only to those landlord's use evictions specified in s. 53.1 of the ''RTA''; other landlord's use notices, such as those for demolition, conversion, or caretaker use, are not required to be generated through the portal. If a landlord uses an earlier version of Form RTB-32L where the portal-generated form is required, the notice is invalid and cannot be used to end the tenancy (''RTA'', s. 53.1).

The following grounds for landlord’s use require the use of a generated notice to end tenancy (''RTR'', s 42.1):
*one of the following or their close family member intends in good faith to occupy the rental unit:
**the landlord;
**where the landlord is a family corporation, a person holding voting shares;
**the purchaser of the rental; or
**where the purchaser is a family corporation, a person holding its voting shares; or
*the landlord, having all the permits and approvals required by law, intends in good faith to convert the rental unit for use by a caretaker, manager, or superintendent of the residential property.

A sample RTB-32L can be found [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/sample_generated_notice_rtb-32l.pdf here].

==== g) Tenant’s Compensation ====

A landlord who gives a notice to end a tenancy for landlord’s use must pay the tenant, on or before the effective date of the notice, an amount that is equivalent to one month’s rent as compensation (''RTA'', s 51(1)); alternatively, the tenant is authorized to withhold the amount authorized from the last month’s rent (''RTA'', s 51(1.1)), negating the need to wait for the landlord to finish repairs and pay the compensation.

As applicable, the landlord or purchaser must also pay the tenant an additional 12 months’ rent in compensation, unless they establish both of the following:
*the stated purpose for ending the tenancy was accomplished within a reasonable period after the effective date of the notice (''RTA'', s 51(2)(a)); and
*except if the rental unit was to be demolished, the rental unit was used for that stated purpose for at least 12 months following that reasonable period (''RTA'', s 51(2)(b)).
The RTB can excuse the landlord from the 12 months’ compensation if they find that extenuating circumstances prevented compliance with those two requirements (''RTA'', s 51(3)).

=== 7. Tenant Ceases to Qualify for Rental Unit ===

A tenant may live in a subsidized rental unit it is operated by or on behalf of a public housing body, and the tenant was required to provide proof of their or another proposed occupant’s eligibility in criteria such as income, number of occupants, or health before entering into the tenancy agreement (''RTA'', s 49.1(1)).

If provided for in the tenancy agreement, the landlord can give a tenant of a subsidized rental unit notice to end tenancy if they no longer qualify for the rental unit.

==== a) Effective Date of the Notice ====

A notice to end tenancy for the tenant ceasing to qualify for the rental unit must have an effective date that satisfies all of the following:
*it is at least two clear months after the landlord receives the notice (''RTA'', s 49.1(3)(a)); and
*it is not earlier than the last day the tenant is employed by the landlord (''RTA'', s 49.1(3)(b));

==== b) Timeline to Dispute the Notice ====

Upon receiving a notice to end tenancy for end of employment with the landlord, the tenant has 15 days to apply for dispute resolution (''RTA'', s 49.1(5)). If the tenant does not apply for dispute resolution on time, the tenant is conclusively considered to have accepted that the tenancy has ended on the effective date of the notice, and must vacate the unit by that date (''RTA'', s 49.1(6)). The landlord can go to the RTB to make a direct request for an order of possession without a hearing. No evidence from any other party would be considered except the landlord’s written submissions.

=== E. By RTB Order: Renovations or Repairs ===

Frequently called “renovictions,” a landlord may only end a tenancy to make renovations or repairs to the rental unit by applying for an RTB order through the dispute resolution process.

Some municipalities have additional protection in place for tenants that are being subject to renovictions in addition to the protection offered by the ''RTA''. One such example is the City of Vancouver’s Tenant Relocation and Protection Policy.

==== a) The Landlord’s Case to Prove ====

The RTB must make an order ending the tenancy (''RTA'', s 49.2(3)) if the landlord proves the following:
*the landlord intends in good faith to renovate or repair the rental unit (''RTA'', s 49.2(1)(a));
*the landlord has all the permits and approvals required by law to carry out the renovations or repairs (''RTA'', s 49.2(1)(a));
*the renovations or repairs require the rental unit to be vacant (''RTA'', s 49.2(1)(b));
*the renovations or repairs are necessary to prolong or sustain the use of the rental unit or its building (''RTA'', s 49.2(1)(c)); and
*the only reasonable way to achieve the necessary vacancy is to end the tenancy agreement (''RTA'', s 49.2(1)(d)).

==== b) Effective Date of the Order ====

Where there is a periodic tenancy, the effective date of the RTB order must satisfy the following:
*it is at least four clear months after date the order is made (''RTA'', s 49.2(4)(a)); and
*it takes place on the day before rent is usually payable (''RTA'', s 49.2(4)(b)).

Where there is a fixed term tenancy, the effective date also must not be earlier than the end date of the tenancy as specified in the tenancy agreement (''RTA'', s 49.2(4)(c)). As a result, renovations or repairs cannot cause a fixed term tenancy to end early, but it can prevent it from converting into a month to month tenancy.

==== c) Tenant’s Right of First Refusal ====

If a tenant receives an order that the tenancy agreement is to end due to renovations or repairs, the tenant may want to enter into a new tenancy agreement in respect of the rental unit. If the tenant gives the landlord a notice using Form RTB-28 of their intention to do so, they become entitled to enter into the new tenancy agreement (''RTA'', s 51.2(1)).

Upon being given the notice of intention to enter into a new tenancy agreement, the landlord has an obligation to give the tenant at least 45 days’ notice using Form RTB-35 of the availability date of the rental unit, as well as a tenancy agreement to commence on the availability date (''RTA'', s 51.2(2)). If the tenant does not enter into a tenancy agreement by the rental unit’s availability date, their right to a new tenancy agreement expires (''RTA'', s 51.2(3)).

==== d) Tenant’s Compensation ====

A landlord who is granted an RTB order ending the tenancy for renovations or repairs must pay the tenant, on or before the effective date of the notice, an amount that is equivalent to one month’s rent as compensation (''RTA'', s 51.4(1)); alternatively, the tenant is authorized to withhold the amount authorized from the last month’s rent (''RTA'', s 51.4(2)), negating the need to wait for the landlord to finish repairs and pay the compensation.

The landlord must also pay the tenant an additional 12 months’ rent in compensation, unless they establish that the renovations and repairs have been accomplished within a reasonable period after the order’s effective date (''RTA'', s 51.4(4)). The RTB can excuse the landlord from the 12 months’ compensation if they find that extenuating circumstances prevented the landlord from accomplishing the renovations or repairs within that reasonable period (''RTA'', s 51.4(5)).

If the landlord receives from the tenant their notice of intention to exercise their right of first refusal and fails to provide the necessary 45-day notice of availability and tenancy agreement, the landlord must pay the tenant an additional 12 months’ rent in compensation unless the RTB finds that extenuating circumstances prevented them from granting the tenant their right of first refusal (''RTA'', s 51.3).

=== F. Either Party Gives Notice: Breach of Material Term ===

If a tenant breaches a material term of the tenancy agreement, and the landlord wishes to end the tenancy for that reason, the landlord must first give written warning. From PG 8, the landlord must advise the tenant in that written warning that:
*there is a problem;
*they believe the problem is a breach of a material term of the tenancy agreement;
*the problem must be fixed by a specific deadline (which must be reasonable); and
*if the problem is not fixed by the deadline, they will serve a notice to end the tenancy.

If the tenant has not corrected the breach before the deadline, the landlord can end the tenancy after the landlord receives the written notice (''RTA'', s 47(1)(h)).

To uphold an end to tenancy for a breach of material term, the RTB arbitrator must make the following objective findings:
*the tenant breached a term of the tenancy agreement;
*the term being breached is a material term;
*following the breach, the landlord provided written notice of the problem to the tenant;
*the written notice indicates that the tenant must correct the breach within a specified deadline;
*the tenant was given a reasonable amount of time to correct the breach; and
*the tenant continued to breach the material term of the tenancy agreement after the deadline.

See ''[https://canlii.ca/t/jzgdv Ali v. British Columbia (Residential Tenancy Branch)]'', 2023 BCSC 1336 for an example of a judicial review court case in which an arbitrator’s decision was overturned for being patently unreasonable due to missing a necessary element of a the test for eviction for material breach, namely that the tenant continued to breach the material term after the deadline to remedy it.

== G. Landlord and Tenant Agree in Writing ==

The landlord and tenant can consent in writing to end a tenancy (''RTA'', s 44(1)(c)). Standard form RTB-8 is provided for this purpose, but it is not a mandatory form.

There have been some cases in which landlords have coerced or misled tenants into signing mutual agreements to avoid the ''RTA''’s provisions on when a tenancy can be ended. Mutual agreements to end tenancy signed concurrently with a fixed-term lease have been struck down by the RTB as an attempt to contract out of the ''RTA'', a violation of section 5. Generally, in a fixed-term lease, a mutual agreement to terminate the tenancy is legitimate if based on circumstances arising after the tenancy has begun.

Tenants and landlords can agree to use the Mutual Agreement to End Tenancy form, but it may be prudent for tenants to seek to add a clause barring the landlord from claiming damages for loss of rent due to breaking a fixed term tenancy.

When a tenant ends a tenancy this way, all individuals under the same tenancy agreement must vacate the rental unit when the tenancy ends, subject to whether the landlord enters into a new tenancy agreement with the remaining tenants immediately afterwards (RTB PG 13).

== H. End of Fixed Term Tenancy With Requirement to Vacate ==

A fixed term tenancy can only require the tenant to vacate at the end of the term, as opposed to enter a month to month tenancy, if one of the following people will occupy the rental unit for at least six months at the end of the fixed term (''RTA'', ss 44(1)(b) and 49(1); ''RTR'', s 13.1):
*the landlord;
*the landlord’s spouse, parent, or child; or
*the parent or child of the landlord’s spouse.

When a fixed term tenancy includes such a requirement to vacate, the landlord must pay the tenant the equivalent of 12 months’ rent as compensation, unless they can establish that steps have been taken to have the required individual occupy the rental unit within a reasonable period after the tenancy’s end date and that the individual did indeed occupy the rental unit for the required 6 months (''RTA'', s 51.1(1)). The RTB can excuse the landlord from having to pay the 12 months’ compensation if they find that extenuating circumstances prevented them from having the rental unit be occupied as required (''RTA'', s 51.1(2)).

== I. Wrongful Direct Request for Order of Possession ==

Sometimes, a tenant will receive a Notice of Direct Request in circumstances where they should receive a hearing: for example, if an application for dispute resolution over the eviction notice has already been filed, there is a legitimate dispute on its merits, or in the case of a notice to end tenancy for non-payment of rent, all arrears have been paid within five days of receipt. In such a case, it is imperative that the tenant immediately write to the RTB and request a dispute resolution hearing to stop the landlord from obtaining an order of possession. The tenant should explain why their case is not appropriately addressed through the direct request process.

Once an order of possession has been given to the landlord and served to the tenant after a wrongful Direct Request, the tenant should tell the landlord that they are reviewing it to prevent the landlord from obtaining a writ from the BC Supreme Court. The tenant should then file a review application to the RTB on that order of possession, on the basis of landlord fraud and/or inability to attend the original hearing.

== J. Disputing a Notice to End Tenancy ==

If a tenant misses their deadline to file to dispute their eviction notice at the RTB, they may be conclusively presumed to accept that the tenancy has ended, allowing the landlord to apply for an order of possession without a participatory hearing. Therefore, tenants are almost always advised to dispute their eviction notice unless they truly accept the eviction. As an order of possession cannot be enforced if there is a dispute resolution application pending adjudication, applying for dispute resolution can provide the tenant with greater time to find a new home in case their eviction is upheld.

An RTB Arbitrator may extend a time limit established by the ''RTA'' only in exceptional circumstances (''RTA'', s 66(1)). However, they must not extend the time to apply for dispute resolution to dispute a notice to end a tenancy beyond the effective date of the notice (''RTA'', s 66(3)). Furthermore, the time limit to dispute a notice to end tenancy for non-payment of rent can only be extended in one the following circumstances:
*the landlord has provided written permission for an extension (''RTA'', s 66(2)(a)); or
*the tenant has deducted the unpaid amount because the tenant believed that the deduction was allowed for emergency repairs or under an RTB order (''RTA'', s 66(2)(b)).

A tenant can ask for a delayed order of possession in the alternative that the eviction is upheld. Effective dates for orders of possession have generally been set for seven days after the order is received, although an RTB arbitrator has the discretion to set the effective date based on factors such as the point up to which the rent has been paid, the length of the tenancy, and evidence showing that it would be unreasonable to vacate the property in seven days (RTB PG 54).

== K. Failure of a Tenant to Deliver Up the Rental Unit: Regaining Possession ==

A tenant must surrender possession at the end of the tenancy (''RTA'', s 37(1)). After a tenancy ends, there is no agreement, and the overholding tenant is usually found to be a licensee or mere occupant. A new tenancy agreement could be created afterwards, such as by the landlord accepting payment of rent, but otherwise, the occupant of residential premises is liable to a landlord’s claim for compensation for use and occupation (''RTA'', s 57(3)). If a prospective tenant is suing the landlord for failure to give vacant possession, the landlord can add the overholding tenant as a party to the dispute (''RTA'', s 57(4)).

The landlord must not take actual possession of a rental unit that is occupied by an overholding tenant unless the landlord has a writ of possession issued under the B.C. ''Supreme Court Rules''.

If a landlord gives a notice to end tenancy, they can apply for the order of possession after the tenant’s limitation period to file for dispute has expired (''RTA'', s 55(2)(b)), which may range from 5 to 30 days depending on the grounds for ending the tenancy. The landlord may be able to obtain the order of possession without a participatory hearing taking place, as well as an order to pay rent in the case of an eviction for non-payment of rent (''RTA'', s 55(4)). Monetary orders for rent in arrears may also be granted without a participatory hearing if the tenant’s time to dispute the notice has passed.

== L. Abandonment and End of Tenancy ==

Abandonment of the rental unit by the tenant is one of the automatic grounds for ending a tenancy agreement (''RTA'', s 44(1)(d)). Where a tenant abandons the rental unit before the end of a fixed term tenancy, or without giving proper notice during a periodic tenancy, a landlord may have a claim against the tenant for outstanding rent. Disputes may arise when the landlord claims the rental unit has been abandoned while the tenant disputes the end of the tenancy and the landlord’s finding of abandonment.

The landlord’s duty to mitigate and re-rent and the landlord’s right to remove the tenant’s goods both depend on a finding that the rental unit was abandoned. In other words, if a tenant does not clearly communicate to the landlord that they will be abandoning the rental unit, the landlord may not be subject to a duty to mitigate their losses by re-renting the suite until they are sure the rental unit has been abandoned.

Part 5 of the ''RTR'' sets out the landlord and tenant’s rights and obligations regarding abandoned property.

=== 1. Abandonment of Personal Property ===

Section 30 of the ''RTR'' deals with the situation where the tenant has vacated the residential premises but leaves personal property behind. The main issue is whether the tenant has “given up possession” of the property.

==== a) Definition of Abandoned Personal Property ====

A landlord may only consider that a tenant has abandoned personal property if the tenant leaves the personal property in residential premises in one of the following situations:
*the tenant has vacated the residential property after the tenancy agreement has ended (''RTR'', s 30.3(a)); or
*both of the following are true:
**either the tenant has neither paid rent nor ordinarily occupied the residential property for one continuous month, or the tenant has removed substantially all of their personal property (''RTR'', s 30.3(1)(b)); and
**either the landlord receives express oral or written notice that the tenant does not intend to return to the residential property, or the circumstances surrounding the giving up of the rental unit are such that the tenant could not reasonably be expected to return to the residential property (''RTR'', s 30.3(2)).

==== b) Landlord’s Rights and Obligations Towards Abandoned Personal Property ====

Once personal property is abandoned within the meaning of the ''RTR'', a landlord may remove it from the residential property, except if they and the tenant have an express agreement to the contrary regarding storage of personal property (''RTR'', s 30.3(1) and (4)). This includes removing personal property from storage lockers. The tenant may give the landlord written notice identifying specific property that holds personal value. If the landlord has not already removed the property at the time the notice is received, they must treat it as property of personal value and handle it in accordance with the requirements set out in this Part (''RTR'', s 30.3(5)).

After removal, the landlord is required to do the following:

*exercise reasonable care and caution required by the nature of the abandoned personal property and the circumstances to ensure that the property does not deteriorate and is not damaged, lost or stolen as a result of an inappropriate method of removal or an unsuitable place of storage (''RTR'', s 30.4(a));
*unless otherwise provided under this Part, store the property in a safe place and manner for at least 30 days (''RTR'', s 30.4(b));
*keep a written inventory of such property for a period of 2 years from the date of disposition of the abandoned personal property (''RTR'', s 30.4(c));
*carry out any disposition of the abandoned personal property in accordance with this Part (''RTR'', s 30.4(d));
*keep the particulars of the disposition and inventory for two years after disposal of the property (''RTR'', s 30.4(e)); and
*upon request, advise the tenant or their representative of information about the storage, removal, or disposal of the property (''RTR'', s 30.4(f)).

The landlord is exempt from the above obligations towards a former tenant’s abandoned personal property if the landlord reasonably believes one of the following:
*the property has a total market value of less than $1000 (''RTR'', s 30.8(3)(a));
*the total cost of removing, storing, and selling the property would be more than the proceeds of its sale (''RTR'', s 30.8(3)(b)); or
*the storage of the property would be unsanitary or unsafe (''RTR'', s 30.8(2)).

The landlord may sell or dispose of abandoned personal property if they remain compliant with the above obligations. The purchaser of the property obtains marketable title, free of all encumbrances, but landlords should be very cautious before selling a tenant’s property and should follow the regulations carefully. For example, problems will arise if a landlord sells a tenant’s “abandoned” furniture if it turns out that the furniture was only leased.

Until the personal property can be properly disposed of under sections 30.4 to 30.8 of the ''RTR'', a tenant may apply for dispute resolution to claim their personal property at any time. Practically speaking, any claim for return of abandoned property, or for compensation for lost, damaged, or abandoned property should be brought as soon as possible.

Amendments added by B.C. Reg. 50/2025 have added Special Rules for disposal of personal value property. Section 30.91 takes priority over the usual procedures for disposing of abandoned property in sections 30.8 and 30.9. This section recognizes the non-monetary value of some abandoned property, such as medical equipment and sentimental photographs, and requires that the landlord store the personal value property for at least 30 days unless doing so is unsanitary or unsafe. Whereas landlords in section 30.8 of the ''RTR'' could dispose of items immediately if they reasonably believed the market value was less than the cost of storage or sale, s 30.91 differentiates personal value property and prevents its premature disposal.

{{LSLAP Manual Navbox|type=chapters15-23}}

End of Tenancy (Termination and Eviction) (19:XI)

2026-10-09T19:07:12Z

Nate Russell: 2026 update

{{REVIEWED LSLAP | date= 22 July 2026}}
{{LSLAP Manual TOC|expanded = landlord}}

== A. Overview ==

Landlords and tenants may end a tenancy in compliance with the ''RTA''. This includes requirements about the form and length of notice required for a notice to end tenancy to be effective, and the reasons that a landlord is allowed to serve a tenant with a notice to end tenancy (commonly referred to as an eviction notice).

A periodic tenancy continues on a weekly, monthly, or other periodic basis until it is ended in accordance with the ''RTA'' (''RTA'', s 1). A periodic tenancy may be set out in the lease agreement; in addition, for a fixed-term tenancy that does not require the tenant to vacate on the last day, the landlord and tenant are deemed to have entered into a month to month periodic tenancy on the same terms if they have not entered into a new agreement by the last day (''RTA'', s 44(3)).

Eviction notices lay out the procedure for disputing the notice to end tenancy, including the very short deadline to apply for dispute resolution at the RTB that varies depending on the type of eviction notice. Tenants should never ignore a notice, even if they believe it is drafted incorrectly; the best course of action is to apply for dispute resolution so that an RTB arbitrator may adjudicate the validity of the eviction.

Readers are cautioned that because residential tenancy law changes very quickly, it is highly advisable to first research and verify the latest tenancy law before acting or advising on something in this Chapter, especially as it relates to notice periods or limitation periods for notices to end tenancy.

== B. Requirements of Notices to End Tenancy ==

=== 1. Form ===

For a notice to end a residential tenancy to be effective, it must:
*be in writing (''RTA'', s 52);
*be signed and dated by the landlord or tenant giving notice (''RTA'', s 52(a));
*include the address of the rental unit (''RTA'', s 52(b)); and
*state the effective date of the notice (''RTA'', s 52(c)).

For a landlord’s notice to be effective, it must also use the approved RTB form found on the RTB website (''RTA'', s 52(e)), which lays out how the tenant may dispute the notice. A landlord’s notice must also state the grounds for ending the tenancy; tenants’ notices are not subject to this requirement (''RTA'', s 52(d)).

If a notice to end tenancy does not comply with these form requirements, an Arbitrator may nevertheless amend the notice if they are satisfied that the person receiving the notice knew or should have known the information that was omitted from the notice, and it is reasonable to amend the notice (''RTA'', s (68)(2)). They may set aside the notice, amend it, or order that the tenancy end on a date other than the effective date shown (''RTA'', s 68(2)). Thus, tenants are cautioned against presuming that a minor defect on a notice to end tenancy makes it invalid, without the need to file for dispute resolution at the RTB.

Dates are self-corrective (''RTA'', s 53), so notice is not void simply because a landlord proposes to have the tenancy end on a date sooner than the ''RTA'' allows.

In ''[https://canlii.ca/t/k8m48 Mangat v Dhindsa]'', 2024 BCSC 2406 [Mangat], the British Columbia Supreme Court reviewed a decision by an RTB arbitrator who had dismissed a tenant’s compensation claim under section 51 of the ''RTA''. The tenant had moved out of a rental unit after receiving an eviction notice from the landlord, who stated he intended to use the unit for personal use. However, the tenant later discovered that the landlord had rented the unit to someone else instead. The arbitrator rejected the tenant’s claim on the grounds that the landlord had not used the prescribed RTB form for a personal-use eviction, concluding that no formal notice under section 49 had been issued. The Court found this decision to be patently unreasonable, emphasising that the legislative intent of section 51 is to protect tenants from bad-faith evictions (''Mangat'' at para 14). The Court ruled that the landlord’s non-compliance with the format requirements could not be used to deny the tenant relief and directed the RTB to reconsider the case.

=== 2. Date of Receipt ===

The required length of notice depends on the type of notice to end tenancy, described in further sections of this Chapter below. They are tied to when the other party receives the notice.

Giving and serving documents is governed by sections 88 to 90 of the ''RTA'' and sections 43 and 44 of the ''RTR''; notably, email is not a method of service unless the person provided their email address as an address for service (''RTR'', s 43(1)). Absent evidence to the contrary, documents are presumed to be received on the following timelines:
*if given or served in person, on the same day;
*if given or served by mail, five days after it is sent (''RTA'', s 90(a));
*for most other methods, three days after it is sent or posted.

=== 3. Paying Rent During the Notice Period ===

When a notice to end tenancy is given by either party, the effective date is later, creating a notice period. Rent must be paid throughout the notice period (''RTA'', s 26(1)), as the tenancy does not end until the effective date. A tenant who does not pay rent for the remainder of the tenancy may be served with a 10-day notice to end tenancy for non-payment of rent.

=== 4. Calculating the Notice Period ===

Many notice periods for notices to end tenancy require both that its duration is at least a certain number of months and that its effective date falls on the day before rent is due. The result is that the required notice period can vary depending on when notice is given.

For example, if rent is payable on the first day of the month, a one-month notice given on January 1 will be effective in terminating the tenancy agreement no earlier than February 28, whereas notice given on May 31 would be effective to end the tenancy on June 30. In the former, the notice period lasts nearly two months, whereas in the latter, the notice period lasts less than a day longer than one month.

== C. Tenant Gives Notice ==

A tenant can end a tenancy by giving notice. A landlord cannot apply for dispute resolution with respect to a tenant's eligibility to end their tenancy, but they can apply for dispute resolution if:
*Notice was given by a person who was not authorized under the regulations to do so;
*The tenant's notice is not provided in accordance with the ''RTA''; or
*There are other claims unrelated to the tenant's notice to end tenancy.

When a tenant ends a tenancy this way, all individuals under the same tenancy agreement must vacate the rental unit when the tenancy ends, subject to whether the landlord enters into a new tenancy agreement with the remaining tenants immediately afterwards (RTB PG 13), which may involve renegotiation of the terms of the agreement, including the rent amount. Thus, not having to choose between moving out or accepting a rent increase when a different tenant leaves is one advantage of signing a tenancy agreement that is separate from any other tenants living in the same unit.

=== 1. One Month’s Notice ===

Where there is a periodic tenancy, the tenant can terminate the tenancy by giving notice with an effective date that satisfies both of the following:
*it is at least one clear month after the landlord receives the notice (''RTA'', s 45(1)(a)); and
*it takes place on the day before rent is periodically payable (''RTA'', s 45(1)(b)).

Where there is a fixed term tenancy, the effective date also must not be earlier than the end date of the tenancy as specified in the tenancy agreement (''RTA'', s 45(2)(b)). As a result, a fixed term tenant usually cannot end their tenancy early, but they can prevent it from converting into a month to month tenancy.

Although a landlord is not entitled to dispute a tenant’s one-month notice to end tenancy, if the tenant’s notice does not comply with the above requirements, the landlord may be entitled to monetary compensation at RTB dispute resolution.

=== 2. Family Violence ===

A tenant is eligible to end a fixed term tenancy early in the following circumstances:
*they or their dependant are likely at risk from family violence carried out by the tenant’s family member, as defined under the ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/11025_01 Family Law Act]'', SBC 2011, c 5 [''FLA''] (''RTA'', s 45.1(2)(a)(i));
*they or any occupant are likely at risk from household violence (''RTA'', s 45.1(2)(a)(ii));
*they have been assessed as requiring long-term care (''RTA'', s 45.1(2)(b)); or
*they have been admitted to a long-term care facility (''RTA'', s 45.1(2)(c)).

The definition of “family violence” does not require intent to harm the tenant or family member, and includes the following (''FLA'', s 1):
*real or attempted physical or sexual abuse of a family member;
*psychological or emotional abuse of a family member; and
*direct or indirect exposure of a child to family violence.

The definition of “household violence” covers similar violence as “family violence,” including the lack of an intention to harm the tenant or occupant; “household violence” additionally covers circumstances when such violence has adversely affected or is likely to adversely affect the tenant or occupant’s quiet enjoyment, security, safety, or physical well-being (''RTA'', s 45.1(1)).

To terminate a fixed term tenancy early, the tenant must fill out Form RTB-49 and submit it to the landlord along with one month’s written notice. A qualified third party is required to verify the risk of family violence or the need for long-term care (''RTA'', s 45.2). Section 39 of the ''RTR'' lists persons qualified to confirm a risk of family violence, whereas section 40 of the ''RTR'' lists persons qualified to confirm the need for long term care.

== D. Landlord Gives Notice ==

Certain time limits may be extended, but only in exceptional circumstances (''RTA'', s 66(1)). In any event, time limits to dispute a notice to end tenancy cannot be extended past the effective date of the notice (''RTA'', s 66(3)). See RTB PG 36: Extending a Time Period, which sets out more information regarding the high bar of exceptional circumstances.

=== 3. Non-Payment of Rent ===

A landlord may give a notice to end a tenancy if rent is unpaid on any day after the day it is due (''RTA'', s 46(1)). If a tenant fails to pay the utilities, the landlord can give written notice demanding payment; if the payment remains unpaid for over 30 days after the tenant receives the written demand, the landlord can treat the unpaid amount as unpaid rent for the purposes of ending the tenancy (''RTA'', s 46(6)).

==== a) Effective Date of the Notice ====

A notice to end tenancy for non-payment of rent is effective 10 days after the tenant receives the notice (''RTA'', s 46(1)).

==== b) Timeline to Invalidate or Dispute the Notice ====

After receiving the notice, the tenant has five days to do one of the following:
*pay the overdue rent, which invalidates the notice (''RTA'', s 46(4)(a)); or
*dispute the notice by applying for dispute resolution (''RTA'', s 46(4)(b)).

If the tenant does not pay the outstanding rent or dispute the notice to end tenancy on time, the tenant is conclusively considered to have accepted that the tenancy has ended on the effective date of the notice, and must vacate the unit by that date (''RTA'', s 46(5)). The landlord can go to the RTB to make a direct request for an order of possession without a hearing. No evidence from any other party would be considered except the landlord’s written submissions.

A notice to end tenancy for non-payment of rent has no effect if the amount of unpaid rent is an amount the tenant is permitted under the ''RTA'' to deduct from rent. However, tenants still need to file for dispute resolution in this situation rather than simply ignore the notice, otherwise they will be deemed to have accepted the end of the tenancy (''RTA'', s 46(5)(a)).

==== c) Paying the Overdue Rent ====

If a tenant pays the overdue rent in cash, they should request that the landlord provide a receipt as required under section 26(2) of the ''RTA''. This can help prove that the tenant paid the overdue rent.

If the tenant decides to pay the overdue rent after the five-day period is over, the landlord is not obligated to accept the late payment, and even if the landlord does accept it, this does not cancel the notice as the tenant is conclusively presumed to accept the notice as ending the tenancy (''RTA'', s 46(5)(a)).

=== 4. Cause to End Tenancy ===

A landlord may give notice to end tenancy for cause under certain circumstances. The following lists some of the valid causes:
*the tenant has not paid the security deposit or pet damage deposit within 30 days of the date it must be paid under the tenancy agreement (''RTA'', s 47(1)(a));
*the tenant is repeatedly late paying rent (''RTA'', s 47(1)(b));
*there are an unreasonable number of occupants in the rental unit (''RTA'', s 47(1)(c));
*the tenant or a person they permitted on the residential property has seriously jeopardized the health or safety or a lawful right or interest of the landlord or another occupant (''RTA'', s 47(1)(d)(ii));
*the tenant or a person they permitted on the residential property has engaged in illegal activity that has jeopardized or is likely to jeopardize a lawful right or interest of another occupant or the landlord (''RTA'', s 47(1)(e)(iii));
*the tenant or a person they permitted on the residential property caused extraordinary damage to a rental unit or residential property (''RTA'', s 47(1)(f));
*the tenant fails to repair damage required under section 32(3) of the ''RTA'' within a reasonable time (''RTA'', s 47(1)(g));
*the tenant has failed to comply with a material term, and has not corrected the situation within a reasonable time after the landlord gives written notice to do so (''RTA'', s 47(1)(h));
*the tenant purports to assign the tenancy agreement or sublet the rental unit without the prior written consent of the landlord (''RTA'', s 47(1)(i));
*the tenant knowingly gives false information about the residential property to a prospective tenant or purchaser viewing the residential property (''RTA'', s 47(1)(j));
*the rental unit must be vacated to comply with a government order (''RTA'', s 47(1)(k)); and
*the tenant has not complied with an RTB order within 30 days of the later between the date the tenant receives the order and the date the order specifies the tenant must comply (''RTA'', s 47(1)(l)).

See section 47 of the ''RTA'' for a complete list of grounds for a landlord ending a tenancy for cause. To comply with the form and content requirements for notices to end tenancy, a landlord’s obligations include using Form RTB-33 and selecting the applicable cause to end tenancy from the provided boxes.

==== a) Effective Date of the Notice ====

A notice to end tenancy for cause must have an effective date that satisfies the following:
*it is at least one clear month after the date the notice is received (''RTA'', s 47(2)(a)); and
*it takes place on the day before rent is usually payable (''RTA'', s 47(2)(b)).

==== b) Timeline to Dispute the Notice ====

Upon receiving a notice to end tenancy for cause, the tenant has 10 days to apply for dispute resolution (''RTA'', s 47(4)). If the tenant does not apply for dispute resolution on time, the tenant is conclusively considered to have accepted that the tenancy has ended on the effective date of the notice, and must vacate the unit by that date (''RTA'', s 47(5)). The landlord can go to the RTB to make a direct request for an order of possession without a hearing. No evidence from any other party would be considered except the landlord’s written submissions.

==== c) Landlord’s Application to End Tenancy Early ====

For certain causes to end tenancy that constitute more serious violations identified in section 56(2) of the ''RTA'', such as engaging in disruptive illegal activity or causing extraordinary damage to the residential property, the landlord may instead apply for an RTB order ending the tenancy on a date earlier than notices to end tenancy for cause would otherwise allow. The RTB may make an order ending the tenancy if they are satisfied of the grounds for ending the tenancy, and that it would be unreasonable or unfair to the landlord or other occupants to wait for the full notice period to elapse (''RTA'', s 56(2)); this eliminates the need for the landlord to provide notice (''RTA'', s 56(3)).

==== d) Repeated Late Payment of Rent ====

A landlord can evict a tenant if they repeatedly pay rent late (''RTA'', s 47(1)(b)). Eviction due to repeatedly late rent payments has a high threshold: although RTB PG 38 states that a minimum of three late payments is required, the existence of three late payments is in no way determinative.

In ''[https://canlii.ca/t/j5wr2 Guevara v Louie]'', 2020 BCSC 380 [''Guevara''], e-transfer delays caused rent payments to be received after the due date, and this was found to be an invalid reason to terminate a tenancy. Furthermore, if a landlord has exhibited a pattern of accepting late rent payments, the doctrine of estoppel may prevent the landlord from later relying on those past instances; in that scenario, the landlord is required to give the tenant reasonable notice that strict compliance with rent deadlines would be enforced (''Guevara'' at para 67) before counting further instances towards a finding of repeatedly late payment of rent.

==== e) By Government Order ====

Although the ''RTA'' operates independently of the legality of a suite under municipal bylaws and policies, municipal and other government orders can require a landlord to evict their tenants.

Municipalities all over the Lower Mainland are attempting to regulate secondary suites. In most Lower Mainland municipalities, secondary suites are regulated and may be legal, though some landlords may be operating the secondary suite without approval. The relevant bylaws and policy guidelines governing secondary suites and enforcement are specific to each municipality.

If a city inspector determines that a suite should be closed down, the city may order the landlord to shut down the suite, which will allow them to give a one-month notice to end tenancy for cause to the tenant.

For more information on the issue of tenancy agreements relating to illegal or unapproved suites, see RTB PG 20: Illegal Contracts.

=== 5. End of Employment with the Landlord ===

A landlord may end the tenancy of a person employed as a caretaker, manager, or superintendent of the residential property of which the rental unit is a part by giving a notice to end the tenancy if:
*the rental unit was provided to the tenant for the term of the caretaker’s (tenant’s) employment (''RTA'', s 48(1)(a));
*the tenant’s employment as a caretaker, manager, or superintendent has ended (''RTA'', s 48(1)(b)); and
*the landlord intends in good faith to rent or provide the rental unit to a new caretaker, or manager (''RTA'', s 48(1)(c)).

More generally, if an employer rents or provides a rental unit to their employee for the term of their employment, the employer can end the tenancy if the employment has ended (''RTA'', s 48(2)).

==== a) Effective Date of the Notice ====

A notice to end tenancy for end of employment with the landlord must have an effective date that satisfies all of the following:
*it is at least one clear month after the tenant receives the notice (''RTA'', s 48(3)(a));
*it is not earlier than the last day the tenant is employed by the landlord (''RTA'', s 48(3)(b)); and
*it takes place on the day before rent is usually payable (''RTA'', s 48(3)(c)).

==== b) Timeline to Dispute the Notice ====

Upon receiving a notice to end tenancy for end of employment with the landlord, the tenant has 10 days to apply for dispute resolution (''RTA'', s 48(5)). If the tenant does not apply for dispute resolution on time, the tenant is conclusively considered to have accepted that the tenancy has ended on the effective date of the notice, and must vacate the unit by that date (''RTA'', s 48(6)). The landlord can go to the RTB to make a direct request for an order of possession without a hearing. No evidence from any other party would be considered except the landlord’s written submissions.

=== 6. Landlord’s Use of Property ===

A landlord can give a notice to end tenancy in certain circumstances of them wanting to use their rental unit. The notice period and dispute resolution limitation dates differ according to the circumstance.

==== a) Good Faith ====

“Good faith” requires an honest motive, unaccompanied by any ulterior motive; whether the honest motive was the primary reason for ending the tenancy is irrelevant to the presence of ulterior motives. The burden lies on the landlord to establish good faith. For further discussion on good faith in evictions for landlord’s use, see RTB PG 2B and ''[https://canlii.ca/t/fm1n9 Gichuru v Palmar Properties Inc.]'', 2011 BCSC 827.

==== b) Grounds: Personal Occupancy ====

Several provisions allow for the owner of a rental unit to end a tenancy so that they or their close family members can use the rental unit for personal occupancy.

For the purposes of notices to end tenancy for landlord’s use, an individual’s “close family member” is defined as any of the following:
*their parent, spouse, or child (''RTA'', s 49(1)(a)); or
*the parent or child of that individual’s spouse (''RTA'', s 49(1)(b)).

Meanwhile, a “family corporation” is defined as a corporation whose voting shares are all owned either one person, or one person and their siblings or close family members (''RTA'', s 49(1)).

A landlord may end a tenancy for landlord’s use if one of the following or their close family member, in good faith, intends to use the rental unit for personal occupancy:
*the landlord (''RTA'', s 49(3));
*where the landlord is a family corporation, a person owning its voting shares (''RTA'', s 49(4)); or
*where the landlord has entered into a good faith agreement to sell the rental unit and all the sale’s conditions have been satisfied (''RTA'', s 49(5)):
**the purchaser; or
**where the purchaser is a family corporation, a person owning its voting shares.

The B.C. Reg. 49/2025 amendment expands the application of sections 42.2 and 42.3 of the RTR to include all landlord-use termination scenarios under sections 49(3), (4), and (5) of the ''RTA''—covering landlord, purchaser, and caretaker/employee use—prescribing a three-month notice period along with a 21-day dispute period from the date the tenant receives the notice. Occupation can include using the space as a home office (''[https://canlii.ca/t/jjswr Koyanagi v Lewis]'', 2021 BCSC 2062 at para 30).

However, a landlord must not give notice to end tenancy for personal occupancy grounds if the rental unit is found in a building that has 5 or more rental units and is either not strata-titled or has all rental units being owned by the same owner (''RTA'', s 49(6.1)).

==== c) Other Grounds ====

A landlord may also end a tenancy for landlord’s use if they have all the permits and approvals required by law, and intend in good faith to do any of the following:
*demolish the rental unit (''RTA'', s 49(6)(a));
*convert the residential property to strata lots (''RTA'', s 49(6)(c));
*convert the residential property into a not for profit housing cooperative (''RTA'', s 49(6)(d));
*convert the rental unit for use by a caretaker, manager, or superintendent of the residential property (''RTA'', s 49(6)(e)); or
*convert the rental unit to a non-residential use (''RTA'', s 49(6)(f)), where converting to vacation or travel accommodation does not qualify (RTB PG 2B).

==== d) Effective Date of the Notice ====

Where there is a periodic tenancy, the effective date of the RTB order must satisfy the following:
*it is at least four clear months after date the order is made (''RTA'', s 49(2)(a)(i)), except where an exception applies; and
*it takes place on the day before rent is usually payable (''RTA'', s 49(2)(b)).

Where there is a fixed term tenancy, the effective date also must not be earlier than the end date of the tenancy as specified in the tenancy agreement (''RTA'', s 49(2)(c)). As a result, the landlord’s use of the rental unit cannot cause a fixed term tenancy to end early, but it can prevent it from converting into a month to month tenancy.

The following exceptions apply to the number of clear months that the notice period must last:
*where the purchaser of the rental unit intends in good faith to use the rental unit for personal occupancy, three clear months is required (''RTR'', s 42.2).

==== e) Timeline to Dispute the Notice ====

Upon receiving a notice to end tenancy for landlord’s use, the tenant has 30 days to apply for dispute resolution (''RTA'', s 49(8)(a)), with the exception being that if the purchaser of the rental unit intends in good faith to use the rental unit for personal occupancy, the tenant has 21 days to dispute an eviction notice (''RTA'', s 49(8)(b); ''RTR'', s 42.3).

If the tenant does not apply for dispute resolution on time, the tenant is conclusively considered to have accepted that the tenancy has ended on the effective date of the notice, and must vacate the unit by that date (''RTA'', s 49(9)). The landlord can go to the RTB to make a direct request for an order of possession without a hearing. No evidence from any other party would be considered except the landlord’s written submissions.

==== f) Requirement for Generated Notices to End Tenancy ====

Certain grounds to end tenancy for landlord’s use require the notice to end tenancy use Form RTB-32L as generated from the RTB’s Landlord Use Web Portal. This requirement applies only to those landlord's use evictions specified in s. 53.1 of the ''RTA''; other landlord's use notices, such as those for demolition, conversion, or caretaker use, are not required to be generated through the portal. If a landlord uses an earlier version of Form RTB-32L where the portal-generated form is required, the notice is invalid and cannot be used to end the tenancy (''RTA'', s. 53.1).

The following grounds for landlord’s use require the use of a generated notice to end tenancy (''RTR'', s 42.1):
*one of the following or their close family member intends in good faith to occupy the rental unit:
**the landlord;
**where the landlord is a family corporation, a person holding voting shares;
**the purchaser of the rental; or
**where the purchaser is a family corporation, a person holding its voting shares; or
*the landlord, having all the permits and approvals required by law, intends in good faith to convert the rental unit for use by a caretaker, manager, or superintendent of the residential property.

A sample RTB-32L can be found [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/sample_generated_notice_rtb-32l.pdf here].

==== g) Tenant’s Compensation ====

A landlord who gives a notice to end a tenancy for landlord’s use must pay the tenant, on or before the effective date of the notice, an amount that is equivalent to one month’s rent as compensation (''RTA'', s 51(1)); alternatively, the tenant is authorized to withhold the amount authorized from the last month’s rent (''RTA'', s 51(1.1)), negating the need to wait for the landlord to finish repairs and pay the compensation.

As applicable, the landlord or purchaser must also pay the tenant an additional 12 months’ rent in compensation, unless they establish both of the following:
*the stated purpose for ending the tenancy was accomplished within a reasonable period after the effective date of the notice (''RTA'', s 51(2)(a)); and
*except if the rental unit was to be demolished, the rental unit was used for that stated purpose for at least 12 months following that reasonable period (''RTA'', s 51(2)(b)).
The RTB can excuse the landlord from the 12 months’ compensation if they find that extenuating circumstances prevented compliance with those two requirements (''RTA'', s 51(3)).

=== 7. Tenant Ceases to Qualify for Rental Unit ===

A tenant may live in a subsidized rental unit it is operated by or on behalf of a public housing body, and the tenant was required to provide proof of their or another proposed occupant’s eligibility in criteria such as income, number of occupants, or health before entering into the tenancy agreement (''RTA'', s 49.1(1)).

If provided for in the tenancy agreement, the landlord can give a tenant of a subsidized rental unit notice to end tenancy if they no longer qualify for the rental unit.

==== a) Effective Date of the Notice ====

A notice to end tenancy for the tenant ceasing to qualify for the rental unit must have an effective date that satisfies all of the following:
*it is at least two clear months after the landlord receives the notice (''RTA'', s 49.1(3)(a)); and
*it is not earlier than the last day the tenant is employed by the landlord (''RTA'', s 49.1(3)(b));

==== b) Timeline to Dispute the Notice ====

Upon receiving a notice to end tenancy for end of employment with the landlord, the tenant has 15 days to apply for dispute resolution (''RTA'', s 49.1(5)). If the tenant does not apply for dispute resolution on time, the tenant is conclusively considered to have accepted that the tenancy has ended on the effective date of the notice, and must vacate the unit by that date (''RTA'', s 49.1(6)). The landlord can go to the RTB to make a direct request for an order of possession without a hearing. No evidence from any other party would be considered except the landlord’s written submissions.

=== E. By RTB Order: Renovations or Repairs ===

Frequently called “renovictions,” a landlord may only end a tenancy to make renovations or repairs to the rental unit by applying for an RTB order through the dispute resolution process.

Some municipalities have additional protection in place for tenants that are being subject to renovictions in addition to the protection offered by the ''RTA''. One such example is the City of Vancouver’s Tenant Relocation and Protection Policy.

==== a) The Landlord’s Case to Prove ====

The RTB must make an order ending the tenancy (''RTA'', s 49.2(3)) if the landlord proves the following:
*the landlord intends in good faith to renovate or repair the rental unit (''RTA'', s 49.2(1)(a));
*the landlord has all the permits and approvals required by law to carry out the renovations or repairs (''RTA'', s 49.2(1)(a));
*the renovations or repairs require the rental unit to be vacant (''RTA'', s 49.2(1)(b));
*the renovations or repairs are necessary to prolong or sustain the use of the rental unit or its building (''RTA'', s 49.2(1)(c)); and
*the only reasonable way to achieve the necessary vacancy is to end the tenancy agreement (''RTA'', s 49.2(1)(d)).

==== b) Effective Date of the Order ====

Where there is a periodic tenancy, the effective date of the RTB order must satisfy the following:
*it is at least four clear months after date the order is made (''RTA'', s 49.2(4)(a)); and
*it takes place on the day before rent is usually payable (''RTA'', s 49.2(4)(b)).

Where there is a fixed term tenancy, the effective date also must not be earlier than the end date of the tenancy as specified in the tenancy agreement (''RTA'', s 49.2(4)(c)). As a result, renovations or repairs cannot cause a fixed term tenancy to end early, but it can prevent it from converting into a month to month tenancy.

==== c) Tenant’s Right of First Refusal ====

If a tenant receives an order that the tenancy agreement is to end due to renovations or repairs, the tenant may want to enter into a new tenancy agreement in respect of the rental unit. If the tenant gives the landlord a notice using Form RTB-28 of their intention to do so, they become entitled to enter into the new tenancy agreement (''RTA'', s 51.2(1)).

Upon being given the notice of intention to enter into a new tenancy agreement, the landlord has an obligation to give the tenant at least 45 days’ notice using Form RTB-35 of the availability date of the rental unit, as well as a tenancy agreement to commence on the availability date (''RTA'', s 51.2(2)). If the tenant does not enter into a tenancy agreement by the rental unit’s availability date, their right to a new tenancy agreement expires (''RTA'', s 51.2(3)).

==== d) Tenant’s Compensation ====

A landlord who is granted an RTB order ending the tenancy for renovations or repairs must pay the tenant, on or before the effective date of the notice, an amount that is equivalent to one month’s rent as compensation (''RTA'', s 51.4(1)); alternatively, the tenant is authorized to withhold the amount authorized from the last month’s rent (''RTA'', s 51.4(2)), negating the need to wait for the landlord to finish repairs and pay the compensation.

The landlord must also pay the tenant an additional 12 months’ rent in compensation, unless they establish that the renovations and repairs have been accomplished within a reasonable period after the order’s effective date (''RTA'', s 51.4(4)). The RTB can excuse the landlord from the 12 months’ compensation if they find that extenuating circumstances prevented the landlord from accomplishing the renovations or repairs within that reasonable period (''RTA'', s 51.4(5)).

If the landlord receives from the tenant their notice of intention to exercise their right of first refusal and fails to provide the necessary 45-day notice of availability and tenancy agreement, the landlord must pay the tenant an additional 12 months’ rent in compensation unless the RTB finds that extenuating circumstances prevented them from granting the tenant their right of first refusal (''RTA'', s 51.3).

=== F. Either Party Gives Notice: Breach of Material Term ===

If a tenant breaches a material term of the tenancy agreement, and the landlord wishes to end the tenancy for that reason, the landlord must first give written warning. From PG 8, the landlord must advise the tenant in that written warning that:
*there is a problem;
*they believe the problem is a breach of a material term of the tenancy agreement;
*the problem must be fixed by a specific deadline (which must be reasonable); and
*if the problem is not fixed by the deadline, they will serve a notice to end the tenancy.

If the tenant has not corrected the breach before the deadline, the landlord can end the tenancy after the landlord receives the written notice (''RTA'', s 47(1)(h)).

To uphold an end to tenancy for a breach of material term, the RTB arbitrator must make the following objective findings:
*the tenant breached a term of the tenancy agreement;
*the term being breached is a material term;
*following the breach, the landlord provided written notice of the problem to the tenant;
*the written notice indicates that the tenant must correct the breach within a specified deadline;
*the tenant was given a reasonable amount of time to correct the breach; and
*the tenant continued to breach the material term of the tenancy agreement after the deadline.

See ''[https://canlii.ca/t/jzgdv Ali v. British Columbia (Residential Tenancy Branch)]'', 2023 BCSC 1336 for an example of a judicial review court case in which an arbitrator’s decision was overturned for being patently unreasonable due to missing a necessary element of a the test for eviction for material breach, namely that the tenant continued to breach the material term after the deadline to remedy it.

== G. Landlord and Tenant Agree in Writing ==

The landlord and tenant can consent in writing to end a tenancy (''RTA'', s 44(1)(c)). Standard form RTB-8 is provided for this purpose, but it is not a mandatory form.

There have been some cases in which landlords have coerced or misled tenants into signing mutual agreements to avoid the ''RTA''’s provisions on when a tenancy can be ended. Mutual agreements to end tenancy signed concurrently with a fixed-term lease have been struck down by the RTB as an attempt to contract out of the ''RTA'', a violation of section 5. Generally, in a fixed-term lease, a mutual agreement to terminate the tenancy is legitimate if based on circumstances arising after the tenancy has begun.

Tenants and landlords can agree to use the Mutual Agreement to End Tenancy form, but it may be prudent for tenants to seek to add a clause barring the landlord from claiming damages for loss of rent due to breaking a fixed term tenancy.

When a tenant ends a tenancy this way, all individuals under the same tenancy agreement must vacate the rental unit when the tenancy ends, subject to whether the landlord enters into a new tenancy agreement with the remaining tenants immediately afterwards (RTB PG 13).

== H. End of Fixed Term Tenancy With Requirement to Vacate ==

A fixed term tenancy can only require the tenant to vacate at the end of the term, as opposed to enter a month to month tenancy, if one of the following people will occupy the rental unit for at least six months at the end of the fixed term (''RTA'', ss 44(1)(b) and 49(1); ''RTR'', s 13.1):
*the landlord;
*the landlord’s spouse, parent, or child; or
*the parent or child of the landlord’s spouse.

When a fixed term tenancy includes such a requirement to vacate, the landlord must pay the tenant the equivalent of 12 months’ rent as compensation, unless they can establish that steps have been taken to have the required individual occupy the rental unit within a reasonable period after the tenancy’s end date and that the individual did indeed occupy the rental unit for the required 6 months (''RTA'', s 51.1(1)). The RTB can excuse the landlord from having to pay the 12 months’ compensation if they find that extenuating circumstances prevented them from having the rental unit be occupied as required (''RTA'', s 51.1(2)).

== I. Wrongful Direct Request for Order of Possession ==

Sometimes, a tenant will receive a Notice of Direct Request in circumstances where they should receive a hearing: for example, if an application for dispute resolution over the eviction notice has already been filed, there is a legitimate dispute on its merits, or in the case of a notice to end tenancy for non-payment of rent, all arrears have been paid within five days of receipt. In such a case, it is imperative that the tenant immediately write to the RTB and request a dispute resolution hearing to stop the landlord from obtaining an order of possession. The tenant should explain why their case is not appropriately addressed through the direct request process.

Once an order of possession has been given to the landlord and served to the tenant after a wrongful Direct Request, the tenant should tell the landlord that they are reviewing it to prevent the landlord from obtaining a writ from the BC Supreme Court. The tenant should then file a review application to the RTB on that order of possession, on the basis of landlord fraud and/or inability to attend the original hearing.

== J. Disputing a Notice to End Tenancy ==

If a tenant misses their deadline to file to dispute their eviction notice at the RTB, they may be conclusively presumed to accept that the tenancy has ended, allowing the landlord to apply for an order of possession without a participatory hearing. Therefore, tenants are almost always advised to dispute their eviction notice unless they truly accept the eviction. As an order of possession cannot be enforced if there is a dispute resolution application pending adjudication, applying for dispute resolution can provide the tenant with greater time to find a new home in case their eviction is upheld.

An RTB Arbitrator may extend a time limit established by the ''RTA'' only in exceptional circumstances (''RTA'', s 66(1)). However, they must not extend the time to apply for dispute resolution to dispute a notice to end a tenancy beyond the effective date of the notice (''RTA'', s 66(3)). Furthermore, the time limit to dispute a notice to end tenancy for non-payment of rent can only be extended in one the following circumstances:
*the landlord has provided written permission for an extension (''RTA'', s 66(2)(a)); or
*the tenant has deducted the unpaid amount because the tenant believed that the deduction was allowed for emergency repairs or under an RTB order (''RTA'', s 66(2)(b)).

A tenant can ask for a delayed order of possession in the alternative that the eviction is upheld. Effective dates for orders of possession have generally been set for seven days after the order is received, although an RTB arbitrator has the discretion to set the effective date based on factors such as the point up to which the rent has been paid, the length of the tenancy, and evidence showing that it would be unreasonable to vacate the property in seven days (RTB PG 54).

== K. Failure of a Tenant to Deliver Up the Rental Unit: Regaining Possession ==

A tenant must surrender possession at the end of the tenancy (''RTA'', s 37(1)). After a tenancy ends, there is no agreement, and the overholding tenant is usually found to be a licensee or mere occupant. A new tenancy agreement could be created afterwards, such as by the landlord accepting payment of rent, but otherwise, the occupant of residential premises is liable to a landlord’s claim for compensation for use and occupation (''RTA'', s 57(3)). If a prospective tenant is suing the landlord for failure to give vacant possession, the landlord can add the overholding tenant as a party to the dispute (''RTA'', s 57(4)).

The landlord must not take actual possession of a rental unit that is occupied by an overholding tenant unless the landlord has a writ of possession issued under the B.C. ''Supreme Court Rules''.

If a landlord gives a notice to end tenancy, they can apply for the order of possession after the tenant’s limitation period to file for dispute has expired (''RTA'', s 55(2)(b)), which may range from 5 to 30 days depending on the grounds for ending the tenancy. The landlord may be able to obtain the order of possession without a participatory hearing taking place, as well as an order to pay rent in the case of an eviction for non-payment of rent (''RTA'', s 55(4)). Monetary orders for rent in arrears may also be granted without a participatory hearing if the tenant’s time to dispute the notice has passed.

== L. Abandonment and End of Tenancy ==

Abandonment of the rental unit by the tenant is one of the automatic grounds for ending a tenancy agreement (''RTA'', s 44(1)(d)). Where a tenant abandons the rental unit before the end of a fixed term tenancy, or without giving proper notice during a periodic tenancy, a landlord may have a claim against the tenant for outstanding rent. Disputes may arise when the landlord claims the rental unit has been abandoned while the tenant disputes the end of the tenancy and the landlord’s finding of abandonment.

The landlord’s duty to mitigate and re-rent and the landlord’s right to remove the tenant’s goods both depend on a finding that the rental unit was abandoned. In other words, if a tenant does not clearly communicate to the landlord that they will be abandoning the rental unit, the landlord may not be subject to a duty to mitigate their losses by re-renting the suite until they are sure the rental unit has been abandoned.

Part 5 of the ''RTR'' sets out the landlord and tenant’s rights and obligations regarding abandoned property.

=== 1. Abandonment of Personal Property ===

Section 30 of the ''RTR'' deals with the situation where the tenant has vacated the residential premises but leaves personal property behind. The main issue is whether the tenant has “given up possession” of the property.

==== a) Definition of Abandoned Personal Property ====

A landlord may only consider that a tenant has abandoned personal property if the tenant leaves the personal property in residential premises in one of the following situations:
*the tenant has vacated the residential property after the tenancy agreement has ended (''RTR'', s 30.3(a)); or
*both of the following are true:
**either the tenant has neither paid rent nor ordinarily occupied the residential property for one continuous month, or the tenant has removed substantially all of their personal property (''RTR'', s 30.3(1)(b)); and
**either the landlord receives express oral or written notice that the tenant does not intend to return to the residential property, or the circumstances surrounding the giving up of the rental unit are such that the tenant could not reasonably be expected to return to the residential property (''RTR'', s 30.3(2)).

==== b) Landlord’s Rights and Obligations Towards Abandoned Personal Property ====

Once personal property is abandoned within the meaning of the ''RTR'', a landlord may remove it from the residential property, except if they and the tenant have an express agreement to the contrary regarding storage of personal property (''RTR'', s 30.3(1) and (4)). This includes removing personal property from storage lockers. The tenant may give the landlord written notice identifying specific property that holds personal value. If the landlord has not already removed the property at the time the notice is received, they must treat it as property of personal value and handle it in accordance with the requirements set out in this Part (''RTR'', s 30.3(5)).

After removal, the landlord is required to do the following:

*exercise reasonable care and caution required by the nature of the abandoned personal property and the circumstances to ensure that the property does not deteriorate and is not damaged, lost or stolen as a result of an inappropriate method of removal or an unsuitable place of storage (''RTR'', s 30.4(a));
*unless otherwise provided under this Part, store the property in a safe place and manner for at least 30 days (''RTR'', s 30.4(b));
*keep a written inventory of such property for a period of 2 years from the date of disposition of the abandoned personal property (''RTR'', s 30.4(c));
*carry out any disposition of the abandoned personal property in accordance with this Part (''RTR'', s 30.4(d));
*keep the particulars of the disposition and inventory for two years after disposal of the property (''RTR'', s 30.4(e)); and
*upon request, advise the tenant or their representative of information about the storage, removal, or disposal of the property (''RTR'', s 30.4(f)).

The landlord is exempt from the above obligations towards a former tenant’s abandoned personal property if the landlord reasonably believes one of the following:
*the property has a total market value of less than $1000 (''RTR'', s 30.8(3)(a));
*the total cost of removing, storing, and selling the property would be more than the proceeds of its sale (''RTR'', s 30.8(3)(b)); or
*the storage of the property would be unsanitary or unsafe (''RTR'', s 30.8(2)).

The landlord may sell or dispose of abandoned personal property if they remain compliant with the above obligations. The purchaser of the property obtains marketable title, free of all encumbrances, but landlords should be very cautious before selling a tenant’s property and should follow the regulations carefully. For example, problems will arise if a landlord sells a tenant’s “abandoned” furniture if it turns out that the furniture was only leased.

Until the personal property can be properly disposed of under sections 30.4 to 30.8 of the ''RTR'', a tenant may apply for dispute resolution to claim their personal property at any time. Practically speaking, any claim for return of abandoned property, or for compensation for lost, damaged, or abandoned property should be brought as soon as possible.

Amendments added by B.C. Reg. 50/2025 have added Special Rules for disposal of personal value property. Section 30.91 takes priority over the usual procedures for disposing of abandoned property in sections 30.8 and 30.9. This section recognizes the non-monetary value of some abandoned property, such as medical equipment and sentimental photographs, and requires that the landlord store the personal value property for at least 30 days unless doing so is unsanitary or unsafe. Whereas landlords in section 30.8 of the ''RTR'' could dispose of items immediately if they reasonably believed the market value was less than the cost of storage or sale, s 30.91 differentiates personal value property and prevents its premature disposal.

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Subletting and Assignment in Residential Tenancies (19:X)

2026-10-09T18:55:29Z

Nate Russell: 2026 update

{{REVIEWED LSLAP | date= 22 July 2026}}
{{LSLAP Manual TOC|expanded = landlord}}

== A. Concepts ==

For further explanation of the concepts of assignment and sublet, see RTB PG 19: Assignment and Sublet.

=== 1. Assignment ===

An assignment is where a tenant permanently transfers the remainder of their rights and obligations in their tenancy to a third party, who directly becomes the new tenant of the original landlord (RTB PG 19).

Generally, the new tenant is not liable for the actions or omissions of the original tenant; however, the original tenant may remain liable to the landlord under the original agreement under these circumstances (RTB PG 19):
*the assignment was made without the landlord’s consent;
*the assignment agreement does not fully assign all obligations to the new tenant.

=== 2. Sublet ===

In a sublease agreement, the tenant temporarily moves out of the rental unit, temporarily becoming the “landlord” of a third party who moves in as a subtenant. Throughout a sublease, the original tenancy remains intact, and the tenant remains responsible to the landlord under the terms of the original tenancy agreement (RTB PG 19). The sublease agreement governs the contractual relationship between the tenant and the subtenant.

As the definition of “landlord” under the ''RTA'' includes tenants who sublet to a subtenant, the ''RTA'' affords many of the protections to the subtenant against the tenant as if it were an ordinary tenancy agreement; however, the subtenant has no contractual relationship with the original landlord and has no recourse against them (RTB PG 19).

Furthermore, the tenant’s obligations as the subtenant’s landlord is dependent on their own tenancy relationship with the original landlord, meaning that the subtenant does not enjoy the complete protection of the ''RTA''. For instance, an original landlord who ends the tenancy agreement also ends the sublease agreement; also, while a subtenant can seek an RTB order for a rent reduction if requested repairs are not completed within a reasonable time, the tenant can only have the repairs done by requesting the same from the original landlord (RTB PG 19).

The tenant must retain an interest in the tenancy for a sublease agreement to be valid, so the sublease term must end sometime before the end of the tenant’s tenancy, even if the remaining time is as short as one day. For example, for a fixed-term tenancy agreement with six months remaining, the term of the sublease agreement may be six months less one day. If the sublease lasts the entire remainder of the original tenant’s tenancy, it may be determined to be legally an assignment instead (RTB PG 19).

=== 3. Roommates Not Covered by the ''RTA'' ===

One living situation that is commonly mistaken to be an assignment or a sublet is when a person moves in with a tenant only under an agreement with the tenant, and not the original landlord.

Unlike an assignment or a sublet, this type of roommate is not covered by the ''RTA'' and has no recourse under tenancy legislation; to gain protection under the ''RTA'', the roommate should ideally have themselves named on the written tenancy agreement. If a legal dispute arises and the roommate still does not have written evidence of a tenancy agreement with the original landlord, they should either seek recourse against the original tenant at the CRT or Small Claims Court, or make an application at the RTB and try to argue that an implied tenancy agreement in fact exists between them and the original landlord in order to be covered by the jurisdiction of the RTB.

== B. Right to Assign or Sublet and Duty to Obtain Consent ==

A tenant may assign or sublet their interest in a tenancy agreement, but only with the written consent of the landlord (''RTA'', s 34(1)). However, the landlord must not be arbitrary or unreasonable in withholding consent if the tenant has a fixed term tenancy with six months or more remaining (''RTA'', s 34(2)); where a landlord has unreasonably withheld consent, the tenant may apply for an RTB order allowing the sublet (''RTA'', s 65(1)(g)). A landlord must not charge a tenant anything for considering, investigating or consenting to an assignment or sublease (''RTA'', s 34(3)).

=== 1. Limitations in Subsidized Housing ===

For rental units operated by certain public housing bodies whose rent is dependent on the tenant’s income, the landlord is exempt from the prohibition under section 34(2) of the ''RTA'' from unreasonably withholding consent to assign or sublet for fixed term tenancy agreements with more than six months remaining (''RTR'', s 2). Usually, this means that their tenants cannot assign or sublet their tenancy. The affected bodies under this section are:
*the British Columbia Housing Management Commission;
*the Canada Mortgage and Housing Corporation;
*the City of Vancouver;
*the City of Vancouver Public Housing Corporation;
*Metro Vancouver Housing Corporation;
*the Capital Region Housing Corporation; and
*any housing society or non-profit municipal housing corporation that has ever had an agreement (including if the agreement expired and was not renewed) regarding the operation of residential property with the following:
**the government of British Columbia;
**the British Columbia Housing Management Commission;
**the Canada Mortgage and Housing Corporation;
**a municipality; and
**a regional district.

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Rights of Entry, Quiet Enjoyment, and Privacy (19:IX)

2026-10-09T18:54:50Z

Nate Russell: 2026 update

{{REVIEWED LSLAP | date= 22 July 2026}}
{{LSLAP Manual TOC|expanded = landlord}}

== A. Landlord’s Limited Right of Entry ==

A landlord is prohibited from entering their rental unit when it is subject to a tenancy agreement except in the following circumstances:
*the tenant gives either written or verbal consent to enter for a specific purpose one month or less prior to entry, including when the tenant consents at the time of entry (''RTA'', s 29(1)(a));
*the tenant receives written notice of entry between 24 hours and 30 days before the time of entry (''RTA'', s 29(1)(b)), with the time of receipt depending on the method of service as established in section 90 of the ''RTA'' and with the entry complying with the following requirements:
**the written notice specifies the purpose for entering, which must be reasonable (''RTA'', s 29(1)(b)(i));
**the written notice states the date and time of entry, which must be between 8:00 AM and 9:00 PM unless the tenant otherwise agrees (''RTA'', s 29(1)(b)(ii));
**it has been at least one month since the landlord last inspected the unit using this method (''RTA'', s 29(2));
*the landlord provides housekeeping or related services as part of the written tenancy agreement and the entry is for this purpose in accordance with the terms (''RTA'', s 29(1)(c));
*the landlord has an RTB order authorizing the entry (''RTA'', s 29(1)(d));
*the tenant has abandoned the rental unit (''RTA'', s 29(1)(e));
*an emergency exists and the entry is necessary to protect life or property (''RTA'', s 29(1)(f)); or
*The unit is considered to be supportive housing (for further details see section XV).

== B. Tenant’s Right to Quiet Enjoyment ==

A tenant has the right to quiet enjoyment (''RTA'', s 28), which includes but is not limited to:
*reasonable privacy (''RTA'', s 28(a));
*freedom from unreasonable disturbance (''RTA'', s 28(b));
*exclusive possession of the rental unit subject only to the landlord’s right to enter the rental unit in accordance with section 29 (''RTA'', s 28(c)); and
*use of the common area for reasonable and lawful purposes, free from significant interference (''RTA'', s 28(d)).

Landlords have a duty to protect their tenants’ rights to quiet enjoyment (RTB PG 6), and to not interfere with that right themselves (''RTA'', s 7). A landlord may be liable to compensate a tenant for breach of quiet enjoyment even if they were not the cause of a breach, if the tenant can establish that the landlord was aware of the problem and failed to take reasonable steps to correct it (RTB PG 6). If a landlord interferes with a tenant’s right to quiet enjoyment by repeatedly entering a rental unit in a manner not in accordance with the ''RTA'', the tenant may apply for an order to be permitted to change the locks in the rental unit, and to be permitted to not provide the landlord with a key (''RTA'', s 70).

While tenants have a right to quiet enjoyment, they also have a duty not to disturb other tenants so as to not breach their right to quiet enjoyment. A landlord may end a tenancy for cause with one month’s notice if a tenant significantly interfered with unreasonably disturbs other occupants or the landlord of the building (''RTA'', s 47 (d)(i)).

== C. Duty to Provide Access ==

Once a tenant has taken possession of a rental unit, a landlord is not allowed to unreasonably restrict access to the residential property by the tenant or someone they permit onto the residential tenancy (''RTA'', s 30(1)); therefore, a landlord cannot unreasonably restrict a tenant’s guests. There is an exception for supportive housing tenancies (for further details see section XV).

The landlord cannot change the locks or alter the means of access to the rental unit without the tenant’s permission, and a landlord is obligated to provide the tenant with new keys or other means of access to the rental unit (''RTA'', s 31(1.1)). A landlord cannot restrict access even if a tenant has failed to pay rent.

=== 1. Tenants: Changing the Locks ===

Tenants must not change the locks giving access to common areas without the permission of the landlord (''RTA'', s 31(2)). Tenants also must not change the locks or other means of giving access to their unit without the landlord’s written permission or an order from the RTB (''RTA'', s 31(3)). Breach of these rules may be grounds for eviction.

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Rent Increase in Residential Tenancies (19:VIII)

2026-10-09T18:53:19Z

Nate Russell: 2026 update

{{REVIEWED LSLAP | date= 22 July 2026}}
{{LSLAP Manual TOC|expanded = landlord}}

== A. Subsidized Housing is Excluded ==

For rental units operated by certain public housing bodies whose rent is dependent on the tenant’s income, the tenancy is excluded from the ''RTA''’s provisions on rent increases (''RTR'', s 2). The affected bodies under this section are:
*the British Columbia Housing Management Commission;
*the Canada Mortgage and Housing Corporation;
*the City of Vancouver;
*the City of Vancouver Public Housing Corporation;
*Metro Vancouver Housing Corporation;
*the Capital Region Housing Corporation; and
*any housing society or non-profit municipal housing corporation that has ever had an agreement (including if the agreement expired and was not renewed) regarding the operation of residential property with the following:
**the government of British Columbia;
**the British Columbia Housing Management Commission;
**the Canada Mortgage and Housing Corporation;
**a municipality; and
**a regional district.

== B. Payment and Non-payment of Rent ==

=== 1. Cash Payment Rules ===

A landlord must provide a tenant with a receipt for rent paid in cash (''RTA'', s 26(2)). If a tenant makes a cash payment and receives no receipt, the tenant should send a letter to the landlord confirming the payment or pay with a witness present.

=== 2. Non-Payment of Rent ===

Whether or not a tenant pays rent in accordance with the tenancy agreement, a landlord must not seize any personal property of the tenant or prevent or interfere with the tenant’s access to the tenant’s personal property (''RTA'', s 26(3)). The only exceptions are if the landlord has a court order authorizing the action, or if the tenant has abandoned the rental unit and the landlord complies with the ''RTR'' (''RTA'', s 26(4)).

== C. Allowed Rent Increases ==

Landlords can raise rents in the following circumstances under section 43(1) of the ''RTA''.

=== 1. Annual Rent Increase ===

A landlord can unilaterally increase rent by a set amount each year as defined in the ''RTR'' (''RTA'', s 43(1)(a)). The percentage for allowable rent increases is usually the inflation rate (Consumer Price Index, or “CPI”), but it is limited to only 2.3% for 2026. The maximum allowable increase changes each year on January 1 and is usually posted in the preceding September [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/rent-rtb/rent-increases here].

The rent increase formula for Manufactured Home Parks is inflation plus the proportionate amount of the increases to regulated utilities and local government levies (''MHPTR'', s 32(3)).

=== 2. By RTB Order ===

Section 43(3) of the ''RTA'' permits landlords to apply to the RTB for an order allowing a rent increase greater than otherwise allowed under s 43(1). The circumstances under which these applications may be made are set out in sections 23-23.4 of the ''RTR''. A landlord may impose this rent increase in combination with an annual rent increase, but may only impose an approved additional rent increase from one of the following two categories at a time:

==== a) Circumstances Other Than Eligible Capital Expenditures ====

Circumstances in this category are governed by section 23 of the ''RTR'' and include:
*incurring financial loss from an extraordinary increase in the rental property’s operating expenses (''RTR'', s 23(1)(a));
*incurring reasonably unforeseen financial loss from the financing costs of purchasing the residential property (''RTR'', s 23(1)(b)); or
*the landlord, as a tenant, has received an additional rent increase under this section for the same rental unit (''RTR'', s 23(1)(c)).

==== b) Eligible Capital Expenditures ====

If the landlord, in the 18 months preceding their application for dispute resolution, has made a significant capital expenditure, they may be eligible for an RTB order for a rent increase (''RTR'', s 23.1(1)). This 18-month window includes expenditures partially paid for outside the 18-month period, as long as the final payment is paid within the 18-month period.

The expenditure must be for installing, repairing, or replacing a major system or component of the rental property that is necessary to achieve one of the following purposes:
*maintaining the residential property in a state of repair that complies with the health, safety, and housing standards required by law in accordance with section 32(1)(a) of the ''RTA'' (''RTR'', s 23.1(4)(a)(i));
*the system or component has failed, is malfunctioning, or is close to the end of its useful life (''RTR'', s 23.1(4)(a)(ii));
*reducing energy use or greenhouse gas emissions (''RTR'', s 23.1(4)(a)(iii)(A)); or
*improving the security of the residential property (''RTR'', s 23.1(4)(a)(iii)(B)).

Applications shall not be granted where a tenant can show that the need for the capital expenditures arose because of inadequate repair or maintenance on the part of the landlord, or that the landlord has been paid or is entitled to be paid from another source (''RTR'', s 23.1(5)). Capital expenditures may not be claimed again for at least 5 years (''RTR'', s 23.1(4)(c)). The estimated useful life, expressed in years, for various components can be found in RTB PG 40.

=== 3. By Mutual Agreement in Writing ===
A tenant may also agree to pay a greater increase than the percentage permitted; this agreement must be writing. RTB PG 37B sets out that a mutually agreed rent increase being recorded in writing should:
*clearly set out the rent increase (for example, the percentage increase and the amount in dollars);
*clearly set out any conditions for agreeing to the rent increase;
*be signed by the tenant, and
*include the date that the agreement was signed by the tenant.

Because the ''RTA'' otherwise limits the circumstances under which a landlord may increase rent, a tenant is not obligated to agree to a rent increase by mutual agreement if so requested by the landlord.

== D. Improper Rent Increase ==

If a landlord collects a rent increase that does not comply with the ''RTA'', the tenant may deduct the entire increase from the rent. The tenant should communicate the reason for the deduction to the landlord before taking this form of action, or they may risk being served a 10-day notice to end tenancy for non-payment of rent.

A tenant may not apply for dispute resolution to dispute a rent increase that complies with section 43(1) of the ''RTA''. However, especially in the case of rent increases by mutual agreement, it may be possible that a rent increase is invalid due to being unconscionable or otherwise an attempt to avoid the ''RTA'', of no effect pursuant to section 5; in this case, the tenant should apply for dispute resolution at the RTB. This includes if the mutually agreed rent increase was not imposed in compliance with the other requirements governing rent increases (RTB PG 37B).

== E. Timing and Notice of Rent Increases ==

A landlord must not impose a rent increase for at least 12 months after the previous rent increase, or if the tenant’s rent has never been increased, at least 12 months after the rent was first payable (''RTA'', s 42(1)).

Using the approved form, the landlord must give written notice of any rent increase at least three full months before the increase becomes effective (''RTA'', s 42(2)), including for those mutually agreed to in writing.

If the landlord gives notice of less than three months or does not comply with the 12-month waiting period described above, the notice of rent increase is invalid and of no effect until it does comply (''RTA'', s 42(4), with its effective date self-correcting to the first day the notice complies with both timing and notice requirements. The tenant should notify the landlord about any self-correcting dates.

=== 1. Exception: Rent Tied to Number of Occupants ===

In a tenancy agreement conforming to section 13(2)(f)(iv) of the ''RTA'' where the monthly rent varies according to the number of occupants, the addition of a new occupant is not subject to these rent increase provisions: the timing and notice provisions only apply to rent increases other than those triggered by a new occupant (''RTA'', s 40), and the addition of a new occupant does not reset the period the landlord must wait before imposing another rent increase.

As of May 16, 2024, landlords are not allowed to make these occupancy-tied rent increases based on additional occupants who were a minor at the time of entering into the tenancy agreement (''RTA'', s 22.1). One result of this provision is that a landlord cannot automatically increase rent due to the birth of their tenant’s child. See RTB PG 37 for other examples of how this provision prevents landlords from relying on an occupant-based rent rate to automatically adjust rent without affecting other rent increases.

== F. New Lease with Same Tenant and Location ==

A landlord and tenant may agree to renew a fixed-term tenancy agreement with or without changes for another fixed term. If a fixed term tenancy does not require the tenant to vacate at the end of the term and no new agreement is entered into, the tenancy automatically continues as a month-to-month tenancy on the same terms (''RTA'', s 44(3)). Rent can only be increased between fixed-term tenancy agreements with the same tenant if the notice and timing requirements for rent increases are met, so entering into successive fixed-term tenancies does not constitute a mutually agreed rent increase under section 43(1)(c) of the ''RTA'' (RTB PG 30).

== G. Hidden Rent Increases ==

If the landlord starts to charge the tenant for a service or facility included in the rent or takes away a service or facility included in the rent without decreasing the rent proportionately pursuant to section 27 of the ''RTA'', that may effectively be a rent increase. The tenant may apply for dispute resolution to recover the effective overpayment.

If the Arbitrator considers that the value of the tenancy agreement has decreased as a result, the Arbitrator can provide relief such as a monetary order in favour of the tenant or an order to restore the terminated service or facility. See also RTB PG 22.

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Repair and Service of Tenant’s Residence (19:VII)

2026-10-09T18:52:37Z

Nate Russell: 2026 update

{{REVIEWED LSLAP | date= 22 July 2026}}
{{LSLAP Manual TOC|expanded = landlord}}

== A. Duty to Provide and Maintain Rental Unit in Repair ==

The division between the landlord’s and the tenant’s responsibilities in maintaining the rental unit are established in section 32 of the ''RTA''. The specifics of these responsibilities are clarified in much greater detail in RTB’s Policy Guideline 1: Landlord & Tenant – Responsibility for Residential Premises.

Because tenancy agreements cannot contradict the terms of the ''RTA'', they cannot purport to make one party responsible for repair allocated by the ''RTA'' to the other (RTB PG 1).

=== 1. Landlord ===

A landlord must provide and maintain residential property in a state of decoration and repair that:
*complies with the health, housing and safety standards required by law (''RTA'' s 32(1)(a); and
*having regard to the age, character, and location of the rental unit, makes it suitable for tenant occupation 32(1)(b).

As a result, the landlord is responsible for repairing:
*the rental structure and roof;
*heating, plumbing, and electricity;
*locks, walls, floors, and ceilings;
*fire doors and fire escapes;
*insect control, such as bed bug treatment;
*intercoms and elevators; and
*anything else included in a tenant’s rent if so identified in the tenancy agreement.

If a landlord is required to make a repair to comply with the above obligations, the tenant should notify the landlord of the need for repair, preferably in writing. If the landlord refuses to make the repair, the tenant may seek a repair order by making a dispute resolution application at the RTB. If the tenant fails to notify the landlord and substantial damage results from the lack of repair, the tenant may have to pay for the damage; for more information, see RTB PG 5.

When a tenant goes to the RTB to request a repair order, they may also request a rent reduction until the repair is complete; this is based on the reduction in the value of a tenancy agreement as a result (''RTA'', s 65(1)(f)). A tenant can only make deductions from their rent if they are expressly authorized to do so under a provision of the ''RTA'' (''RTA'', s 26(1)).

=== 2. Tenant ===

Tenants must repair damage to the rental unit or common areas caused by their or their pet’s wilful or negligent acts or omissions, or those of a person permitted by them on the rental property (''RTA'', s 32(3)). The tenant does not have a duty to repair reasonable wear and tear (s 32(4)), which falls on the landlord.

Tenants must maintain “reasonable health, cleanliness and sanitary standards” in their rental unit (''RTA'', s 32(2)), which includes ordinary amounts of day-to-day cleaning. This includes notifying the landlord of any suspected pest infestation. Upon discovery of a pest infestation, the tenant is obligated to cooperate with the landlord in treating the infestation. If tenants do not cooperate within a reasonable time, they could be found liable for the cost of treatment or be evicted. The landlord is obligated to get rid of the infestation unless it can be proven the tenant brought the pests with them when they moved in.

If a landlord refuses to have the suite or building treated, the tenant can apply to the RTB for an order compelling the landlord to do so, or get an order from a city inspector. Vancouver Coastal Health no longer does inspections, but is available to answer questions over the phone at 604-675-3800.

== B. No Withholding Rent ==

A tenant cannot withhold rent because of repairs needed unless an Arbitrator gives an order permitting it, or the repairs qualify as emergency repairs and the tenant has complied with all necessary procedures concerning emergency repairs. A tenant must pay their rent in full and on time, regardless of whether the tenant believes the landlord has fulfilled their obligations, unless they have a right under the ''RTA'' to deduct from their rent (''RTA'', s 26(1)).

== C. Emergency Repairs ==

A tenant is allowed to make certain emergency repairs by themselves without the need for going to the RTB for dispute resolution; the landlord must then reimburse the tenant, or the tenant may deduct their cost from the rent.

Tenants must exercise high caution when proceeding with emergency repairs. Improperly deducting from their rent without exact compliance with the provisions of section 33 of the ''RTA'' can result in the tenant being evicted for non-payment of rent.

=== 1. Definition of Emergency Repair ===

Emergency repairs must be urgent (''RTA'', s 33(1)(a)). They must be necessary for the health or safety of someone, or for the preservation or use of the residential property (''RTA'', s 33(1)(b)).

Furthermore, an emergency repair must only be for the purpose of repairing one or more of the following (''RTA'', s 33(1)(c)):
*major leaks in the pipes or roof;
*damaged or blocked water or sewer pipes or plumbing fixtures;
*the primary heating system;
*damaged or defective locks that give access to a rental unit; or
*the electrical systems.

=== 2. Procedure for Conducting an Emergency Repair ===

A tenant may conduct emergency repairs without going to dispute resolution if all of the following conditions are true:
*emergency repairs are in fact needed (''RTA'', s 33(3)(a));
*the tenant has made at least two attempts to telephone the contact number designated by the landlord for emergency repairs, which may be posted in a conspicuous place on the rental property or communicated to the tenant in writing (''RTA'', s 33(3)(b));
*the tenant has given the landlord reasonable time to make the repairs (''RTA'', s 33(3)(c)).

The landlord must reimburse the tenant if they claim reimbursement and provide the landlord with a written account of the amounts incurred, accompanied by a receipt for each amount (''RTA'', s 33(5)). However, the following is exempt:
*repairs made before all of the above three conditions were met (''RTA'', s 33(6)(a));
*amounts for which the tenant has not provided a written account or receipts (''RTA'', s 33(6)(b));
*amounts that are more than a reasonable cost for the repairs (''RTA'', s 33(6)(c)); and
*amounts for emergency repairs caused primarily by the actions or neglect of the tenant or a person permitted on the residential property by the tenant (''RTA'', s 33(6)(d)).

If the landlord does not make required reimbursements to the tenant, the tenant may deduct the amount from their rent or otherwise recover the amount (''RTA'', s 33(7)). A tenant must take care that the amounts they deduct from rent truly qualify as amounts for emergency repairs, or else they risk being evicted for non-payment of rent.

=== 3. Tenants Should Exercise Extreme Caution ===

Tenants should exercise high caution when proceeding with emergency repairs. If they do not exactly comply with the requirements for undertaking emergency repairs, their rent deduction could be legally construed as a failure to pay rent that justifies the landlord serving them with a 10-day notice to end tenancy for non-payment of rent, or otherwise claim against the tenant. All steps taken should be documented fully.

There is sometimes a discrepancy between what a tenant, landlord, and RTB might consider “emergency” repairs. Before a tenant conducts any repairs, they should call the Residential Tenancy Branch, speak to an Information Officer, and make note of the Officer’s name and what the Officer tells them.

Emergency repairs usually constitute a large repair bill and should only be undertaken by the tenant in the clearest of circumstances. When in doubt, a tenant should first apply to an Arbitrator for a Repair Order, refer to a Property Use Inspector, or investigate local Standards of Maintenance bylaws.

== D. Municipal Bylaws ==

Another way tenants can seek repairs is through their municipality’s Standards of Maintenance bylaws. However, this is only available in some municipalities, such as Vancouver, the City of North Vancouver, and New Westminster.

Tenants should check with the municipality to see if there is a Standards of Maintenance bylaw in place. A tenant can call a local municipality and ask for a free inspection if the repair problem relates to structural defects (requiring a building inspector) or fire problem (such as fire inspection for fire exits, smoke alarms). The inspection may result in a formal report and may require the landlord to conduct repairs. The inspection report can also be important evidence to present at an RTB dispute resolution when seeking a Repair Order or an Order for a reduction in rent.

There is a risk attached to calling a City Inspector. The inspection could result in the municipality ordering the suite vacated, resulting in eviction for the tenants. For example, the City Inspector may do this if they discover that the rental unit is an illegal suite under their municipality’s bylaws, which is an outcome that the RTB alone cannot undertake.

== E. Terminating or Restricting Services or Facilities ==

A service or facility, as defined in s 1 of the ''RTA'', applies to any of the following that are provided or agreed to be provided to the tenant by the landlord:
*appliances and furnishings;
*utilities and related services;
*cleaning and maintenance services;
*parking spaces and related facilities;
*cablevision facilities;
*laundry facilities;
*storage facilities;
*elevators;
*common recreational facilities;
*intercom systems;
*garbage facilities and related services;
*heating facilities or services; and
*housekeeping services.

A landlord must not terminate or restrict a service or facility if it is essential to the tenant’s use of the rental unit as living accommodation, or providing the service or facility is a material term of the tenancy agreement (''RTA'', s 27(1)). A landlord may terminate or restrict other services or facilities if they do the following:
*give 30 days’ written notice, in the approved form, of the termination or restriction (''RTA'', s 27(2)(a)); and
*reduce the rent in an amount that is equivalent to the reduction in the value of the tenancy agreement resulting from the termination or restriction of the service or facility (''RTA'', s 27(2)(b)).

The tenant may dispute the restriction or termination on the basis that the service being restricted or terminated constitutes an essential service or is a material term of the tenancy agreement.

For more information, see RTB PG 22: Termination or Restriction of a Service or Facility.

{{LSLAP Manual Navbox|type=chapters15-23}}

Security Deposits in Residential Tenancies (19:VI)

2026-10-09T18:51:26Z

Nate Russell: 2026 update

{{REVIEWED LSLAP | date= 22 July 2026}}
{{LSLAP Manual TOC|expanded = landlord}}

== A. Definitions ==

A landlord may require a tenant to pay one security deposit as a condition of entering into a tenancy agreement (''RTA'', s 17). “Security deposit” is defined very broadly. It can include money, property, rights, or otherwise almost any other item of value to be held by a landlord for the purpose of securing the performance of a tenant’s obligations under the tenancy agreement and the ''RTA''; however, a security deposit does not include a post-dated cheque for rent, a pet damage deposit, or a fee prescribed under ''RTR'' ss. 6 and 7 (''RTA'', s 1); for more information, see RTB PG 29: Security Deposits.

A pet damage deposit is similar to a security deposit, but is held by the landlord as security for damage to the rental property caused by a pet (''RTA'', s 1). Unlike a security deposit, the definition of a pet damage deposit does not exclude post-dated cheques for rent (''RTA'', s 1).

== B. Payment of the Security Deposit and Pet Damage Deposit ==

=== 1. Amount ===

A security deposit or a pet damage deposit must not exceed one half of the monthly rent (''RTA'', s 19(1)).

=== 2. Number ===

A landlord is permitted to accept a maximum of one security deposit (''RTA'', s 20(b)) and one pet damage deposit (''RTA'', s 20(d)) within a tenancy agreement.

=== 3. Timing ===

A landlord is not entitled to a security deposit from a tenant after the agreement has already been formed (''RTA'', s 20(a)).

A landlord is only permitted to require a pet damage deposit from a tenant when the tenant enters into the tenancy agreement, or the point at which the landlord agrees that the tenant may keep a pet they acquired during the tenancy on the residential property (''RTA'', s 20(c)).

=== 4. Consequences of Non-Compliance ===

If a landlord accepts a security deposit or a pet damage deposit that is greater than 1/2 of one month's rent, the tenant may deduct the overpayment from rent or otherwise recover the overpayment (''RTA'', s 19(2)).

Failure to pay a lawful security deposit is a ground for ending the tenancy (''RTA'', s 47(1)(a)). The landlord may give a one-month eviction notice if the tenant fails to pay the security deposit within 30 days of the due date under the tenancy agreement.

== C. Return of Security Deposit and Pet Damage Deposit ==

A tenant must provide their landlords with a forwarding address in writing within one year after the end of the tenancy (''RTA'', s 39). Once both the tenancy has ended and the landlord has received the tenant’s forwarding address in writing, the landlord has 15 days to do one of the following:
*return the security deposit or pet damage deposit to the tenant, with interest (''RTA'', s 38(1)(c)); or
*make an application for dispute resolution to retain the deposit (''RTA'', s 38(1)(d)).

If the landlord fails to complete either of those two options and the tenant still has a valid right to the deposit, the tenant may apply for dispute resolution (''RTA'', s 38.1(1)). After this, the landlord may not make a claim against the security deposit or any pet damage deposit and must pay the tenant double the amount of the security deposit, pet damage deposit, or both (''RTA'', ss 38(6)).

If a tenant fails to provide their forwarding address in writing within one year after the end of the tenancy, they lose the right to have their security deposit or pet deposit returned, and the landlord may keep them (''RTA'', s 39). A landlord may also keep a security deposit or pet damage deposit if the tenant agrees in writing or if ordered by the RTB (''RTA'', s 38(4)).

Leases may not include a term providing that the landlord automatically keeps all or part of the deposit at the end of a tenancy (''RTA'', s 20 (e)). The right of a landlord or tenant to respectively keep or retrieve the security deposit or pet deposit depends on their compliance with the requirements governing condition inspection reports.

=== 1. Interest on Security Deposit ===

Interest on a security deposit or pet damage deposit is calculated from the date the tenant pays the deposit to the day before the security deposit is paid back to the tenant. If the deposit is disputed at dispute resolution, the interest is calculated from the date the tenant paid the deposit up until the date the Arbitrator orders its return (usually the date of the hearing).

Interest on a security deposit or pet damage deposit is calculated as follows: for each one-year period beginning on January 1, the rate will be 4.5% below the prime lending rate of the principal banker to the province on January 1st of that year, compounded annually (''RTR'', s 4). The interest payable on security and pet damage deposits for 2024 is 2.7%.

There is an online [https://www.housing.gov.bc.ca/rtb/WebTools/InterestOnDepositCalculator.html deposit interest calculator].

=== 2. Change of Landlord ===

Where a security or pet deposit is paid to a landlord, and the property is then subsequently sold, the obligations regarding the security deposit and pet damage deposit pass to the new property owner, meaning they become responsible for repaying the security deposit and pet damage deposit when the tenancy ends (''RTA'', s 93).

== D. Non-Refundable Fees ==

The ''RTA'' allows landlords to charge some non-refundable fees to a tenant in accordance with section 7 of the ''RTR''. They do not form part of the security deposit or pet deposit (''RTA'', s 1).

Some of these allowable non-refundable fees are:
*direct cost of replacing keys or other access devices (''RTR'', s 7(1)(a));
*direct cost of additional keys or other access devices requested by the tenant (''RTR'', s 7(1)(b));
*a service fee charged by a financial institution to the landlord for the return of a tenant’s cheque (''RTR'', s 7(1)(c));
*a move-in or move-out fee charged by a strata corporation to the landlord (''RTR'', s 7(1)(f));
*a fee for services or facilities that are requested by the tenant and not required to be provided under the tenancy agreement (''RTR'', s 7(1)(g)).

The following fees must only be charged if laid out in the tenancy agreement (''RTR'', s 7(2)):
*an administration fee for a tenant’s cheque returned by their financial institution or for late payment of rent, which must not exceed $25 (''RTR'', s 7(1)(d)); and
*a fee for moving between rental units within the residential property if the move was requested by the tenant, which must not exceed the greater of $15 and 3% of the monthly rent (''RTR'', s 7(1)(e)).

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Moving In and Moving Out in Residential Tenancies (19:V)

2026-10-09T18:50:39Z

Nate Russell: 2026 update

{{REVIEWED LSLAP | date= 22 July 2026}}
{{LSLAP Manual TOC|expanded = landlord}}

== A. Condition Inspections ==

With exceptions for tenancy agreements entered into before 2004, the landlord and tenant together must inspect the condition of the rental unit when the tenant gains possession of the rental unit, when the tenant starts keeping a pet if permission thereto was granted after the start of the tenancy, or when the tenant ceases to occupy the rental unit.

During dispute resolution proceedings, a condition inspection report that complies with this section is evidence of the state of repair and condition on the date of the inspection, unless a party has evidence to the contrary (''RTR'', s 21).

=== 1. Timing of Condition Inspections ===

==== a) Moving In ====

A condition inspection must occur on the day the tenant is entitled to possession of the rental unit or on another mutually agreed day (''RTA'', s 23(1)). However, tenancies that started before January 1, 2004, are not subject to the requirements for a move-in condition inspection (''RTA'', s 100(1)).

The landlord must give the tenant a copy of the signed and completed condition inspection report within seven days after the inspection is completed (''RTR'', s 18(1)(a)).

==== b) Keeping a Pet ====

Where permission to keep a pet on the residential property was granted after the start of the tenancy, a condition inspection must occur on or before the day the tenant starts to keep a pet or on another mutually agreed day (''RTA'', s 23(2)). Tenancies that started before January 1, 2004, are subject to the requirements for this condition inspection, but only in respect of any pet damage deposit that the landlord requires from the tenant (''RTA'', s 100(2)).

The landlord must give the tenant a copy of the signed and completed condition inspection report within seven days after the inspection is completed (''RTR'', s 18(1)(a)).

==== c) Moving Out ====

A condition inspection must occur on or after the tenant ceases to occupy the rental unit or on another mutually agreed day; in any case, this must occur before a new tenant begins to occupy the rental unit (''RTA'', s 35(1)).

The landlord must give the tenant a copy of the signed and completed condition inspection report within fifteen days after both of the following are true:
*the condition inspection is completed (''RTR'', s 18(1)(b)(i)); and
*the landlord has received the tenant’s forwarding address in writing (''RTR'', s 18(1)(b)(ii)).

=== 2. Two Opportunities to Participate ===

The landlord must give the tenant two opportunities to participate in a condition inspection. Keeping in consideration any reasonable availability limits that are known, the parties must meet these requirements for there to be two opportunities to participate for the purposes of the ''RTA'':
#first, the landlord must offer one or more dates and times for the condition inspection (''RTR'', s 17(1));
#second, if the tenant is not available during a time offered by the landlord, the tenant may propose an alternative time which the landlord must consider (''RTR'', s 17(2)(a)); and
#third, the landlord must propose a different opportunity from their initial offer and give the tenant notice of this opportunity using the approved form (''RTR'', s 17(2)(b)).

=== 3. Obligations of the Parties ===

==== a) Landlord ====

The landlord must conduct and complete a condition inspection report that complies with section 20 of the ''RTR'' (''RTA'', ss 23(4) and 35(3)). Landlords can use their own condition inspection report forms so long as they contain all the information required in section 20 of the ''RTR''.

The landlord must sign the report and allow the tenant to sign it (''RTA'', ss 23(5) and 35(4)), and then give the tenant a copy of the signed report as soon as possible within the time limit set out in section 17 of the ''RTR''.

The landlord must make the inspection and complete and sign the report without the tenant if the tenant still does not participate after being offered two opportunities (''RTA'', ss 23(6) and 35(5)(a)), or in the case of a move-out inspection, if the tenant has abandoned the rental unit (''RTA'', s 35(5)(b)).

Except if the tenant has abandoned the rental unit in the case of a move-out inspection, the landlord loses the right to claim against a security deposit, pet damage deposit, or both, for damage to the residential property if the landlord fails to do any of the following:
*offer the tenant at least two opportunities for the inspection (''RTA'', ss 24(2)(a) and 36(2)(a));
*participate in the inspection (''RTA'', ss 24(2)(b) and 36(2)(b)); or
*complete the condition inspection report and give the tenant a copy of it within the appropriate deadline for the type of inspection (''RTA'', ss 24(2)(c) and 36(2)(c)).

In the case of a condition inspection for a tenant who has started keeping a pet after being granted permission after the tenancy started, the landlord only loses the right to claim against the pet damage deposit (''RTA'', s 100(2)).

=== b) Tenant ===

If the landlord has provided two opportunities to participate in the condition inspection and the tenant does not participate in either one, the tenant loses the right to the return of a security deposit or a pet damage deposit, or both (''RTA'', ss 24(1) and 36(1)). In the case of a condition inspection for a tenant who has started keeping a pet after being granted permission after the tenancy started, the tenant only loses the right for the return of the pet damage deposit (''RTA'', s 100(2)).

== B. Other Obligations on Moving In ==

=== 1. Re-Keying Locks for New Tenants ===

At the request of a tenant at the start of a new tenancy, the landlord must re-key the locks or other means of access given to the previous tenant, and pay all costs associated with the changes. If the landlord at the end of the previous tenancy had already altered the locking system, the landlord need not do so again (''RTA'', s 25).

=== 2. Providing a Copy of the Tenancy Agreement ===

Within 21 days after a landlord and tenant enter into a tenancy agreement, the landlord must give the tenant a copy of the agreement (''RTA'', s 13(3)).

== C. Other Obligations on Moving Out ==

=== 1. Tenant Obligations ===

The following are some of the tenant’s other obligations upon or before moving out:
*giving proper notice (''RTA'', s 44(1)(a));
*leaving the unit reasonably clean (''RTA'', s 37(2)(a));
*repairing damage caused above reasonable wear and tear (''RTA'', s 37(2)(a) and (4)), including damage caused by guests or pets above normal wear and tear levels (''RTA'', s 32(3));
*returning all the keys and other means of access (''RTA'', s 37(2)(b)); and
*removing all possessions from the rental unit and the residential property (''RTR'', s 24).

=== 2. Landlord Obligations ===

The following are some of the landlord’s other obligations upon, before, or after the tenant moves out:
*giving proper notice (''RTA'', s 44(1)(a)); and
*one of the following within fifteen days after the later of the tenancy ending and the landlord receiving the tenant’s forwarding address in writing (''RTA'', s 38(1)):
**returning the security deposit and pet damage deposit with interest, or
**making an application for dispute resolution to retain them.

== D. Breaking a Fixed Term Tenancy ==

If a tenant moves out before their fixed term ends without finding another tenant approved by the landlord to take over the fixed term tenancy, the tenant may be responsible for the landlord’s advertising and administrative costs incurred in finding a new tenant, as well as lost rent until the unit is rented or the fixed term expires. For more information, see RTB PG 5.

The tenant may also have to pay liquidated damages and be subject to other obligations as laid out in their tenancy agreement.

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Tenancy Agreements (19:IV)

2026-10-09T18:48:11Z

Nate Russell:

{{REVIEWED LSLAP | date= 22 July 2026}}
{{LSLAP Manual TOC|expanded = landlord}}

== A. General ==

A “tenancy agreement” is defined as “an agreement, whether written or oral, express or implied, between a landlord and a tenant respecting possession of a rental unit, use of common areas and services and facilities, and includes a licence to occupy a rental unit” (''RTA'', s 1). Like any valid contract, there must be an offer, acceptance, and consideration.

A tenancy agreement gives the tenant the right to occupy the property. The landlord has a freehold interest in reversion, allowing them to sell their property to someone else. A tenancy continues under the same terms when a rental property is sold in BC. Accordingly, the landlord cannot terminate a lease simply because they want to sell the property; instead, the new owner will take over as the landlord. No new lease is required to be drafted and signed, though this may happen if both parties agree.

The Court of Appeal’s decision in ''[https://canlii.ca/t/khhkx Habitat for Humanity v. Booth]'', 2026 BCCA 8 has introduced uncertainty into the test for whether a contract is governed by the ''RTA''. Although the claimant made monthly payments to Habitat for Humanity that resembled rent, the Court found that the payments were part of a broader affordable homeownership program rather than a landlord-tenant relationship. As a result, the occupancy agreement was not a tenancy agreement governed by the ''RTA'', and the dispute fell outside the jurisdiction of the Residential Tenancy Branch (RTB). The decision’s main impact is that whether an agreement is a tenancy now depends on its overall substance and purpose, rather than solely on features such as exclusive possession or monthly payments. It is unclear how to square the Court’s comments with the text of the ''RTA'' or how this case may affect how the RTB assesses its own jurisdiction moving forward.

=== 1. Two Methods of Creating a Tenancy Relationship ===

==== a) By Written Contract ====

Although section 1 of the ''RTA'' contemplates tenancy agreements that are written, oral, or implied, a landlord must prepare in writing any tenancy agreement entered into on or after January 1, 2004 (''RTA'', s 13(1)).

Vague terms of the tenancy agreement may be framed in the tenant's favour using the principle of contra proferentem, meaning that the agreement will be strictly construed against the party who provided the agreement's wording.

==== b) By Implied Contract ====

Notwithstanding the obligation to prepare a written agreement, where there has been offer, acceptance, and some kind of meaningful consideration, the law may imply the existence of a valid tenancy agreement. The law seeks to recognize and validate the relationship where possible, even where the requirement for a written tenancy agreement has not been met.

The contents of oral contracts are hard to prove. If something is important, it should be recorded in writing.

In a fixed term tenancy that does not require the tenant to vacate on the last day, if the landlord and tenant have not entered into a new tenancy agreement, they are deemed to have entered into a month-to-month tenancy on the same terms (''RTA'', s 44(3)).

=== 2. Freedom of Contract and the Agreement ===

Parties may use a standard form (RTB-1) tenancy agreement with or without an addendum for additional terms, or they may write their own. Parties are free to add and alter the terms, covenants, and conditions, subject to common law and statute restrictions, which include standard terms that the ''RTA'' and ''RTR'' require to be in every tenancy agreement.

The standard terms are the clauses that every tenancy agreement must contain (''RTR'', s 13(1)), and are found in the schedule of the ''RTR''. A tenancy agreement cannot be amended to change or remove a standard term (''RTA'', s 14(1)), making them a minimum standard that all tenancy agreements must achieve.

All tenancy agreements must comply with the requirements laid out in section 13(2) of the ''RTA'', which requires tenancy agreements to include information such as the legal names of the parties, address of the rental unit, and others.

More information about tenancy agreement requirements and Form RTB-1 can be found [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/starting-a-tenancy/tenancy-agreements here].

==== a) No Contracting Out of Tenancy Legislation ====

As it is not possible to contract out of the ''RTA'' or ''RTR'' (''RTA'', s 5), a tenancy agreement cannot have terms that contradict the ''RTA'' or ''RTR''.

A tenancy agreement might purport to contain terms contrary to tenancy legislation, and this may not be identified in some cases until dispute resolution. A tenant is free to argue that a term violates the ''RTA'' or ''RTR'' and should, therefore, be unenforceable.

==== b) Amendments ====

Except in circumstances provided for under s 14(3) of the ''RTA'', changes in the tenancy agreement must be agreed upon by both the landlord and tenant (''RTA'', s 14(2)), in writing, and signed and dated by both parties. Generally, changes are only enforceable if both parties offer something in return for the other; however, a change without fresh consideration may be enforceable in the absence of duress, unconscionability, or other public policy concerns (''[https://canlii.ca/t/hs3c5#par183 Rosas v Toca]'', 2018 BCCA 191 at para 183).

==== c) Pets ====

If the tenancy agreement is silent about pets, then the tenant can obtain one. Tenancy agreements are allowed to include terms that prohibit pets or restrict the size, kind, or number of pets a tenant may keep on the residential property, or otherwise govern the tenant’s obligations regarding keeping a pet on the rental property (''RTA'', s 18(1)). This is subject to the ''Guide Dog and Service Dog Act'', SBC 2015, c 17 (''RTA'', s 18(3)), which in section 3 prohibits a person from denying tenancy or from discriminating with respect to a term of the tenancy against a person who intends to keep a guide dog or service dog in the rental unit.

==== d) Cannabis ====

As of October 17, 2018, personal possession of cannabis is legal in Canada. Accordingly, changes to the ''RTA'' were implemented around growing and smoking cannabis.

If a tenancy agreement entered into prior to legalization includes a clause prohibiting or limiting smoking and did not explicitly allow for smoking cannabis, then that clause is deemed to apply to smoking cannabis in the same way (''RTA'', s 21.1(2)). Vaporizing a substance containing cannabis is not “smoking cannabis” (''RTA'', s 21.1(3)).

Most tenancy agreements entered into prior to legalization are deemed to contain a term prohibiting growing cannabis plants in or on the residential property. There is an exemption for existing operations in or on the residential property that met the following conditions on the day before legalization:
*the tenant is growing one or more medical cannabis plants (''RTA'', s 21.1(4)(a));
*growing the plants is not otherwise a violation of the tenancy agreement (''RTA'', s 21.1(4)(b));
*the tenant is authorized under federal law to grow the cannabis plants in or on the residential tenancy (''RTA'', s 21.1(4)(c)); and
*the tenant is in compliance with federal law with respect to the medical cannabis (''RTA'', s 21.1(4)(c)).

=== 3. Operation of Tenancy Agreement Terms ===

A term in a tenancy agreement consists of a promise by a person that a certain thing must or must not be done.

==== a) Material Terms ====

From RTB PG 8, a material term is defined as a term of the tenancy agreement that, at the time of entering into the tenancy agreement, both parties agree is so important that the most trivial breach of the term entitles the other party to terminate the agreement.

Not all terms of a tenancy agreement are material terms. The circumstances surrounding the creation of the tenancy agreement and the importance of the term in the tenancy agreement as a whole are more relevant to whether the term is material; meanwhile, the consequences of a breach are less relevant. Although RTB PG 8 states that whether the tenancy agreement declares the term to be material is not determinative, Arbitrators may be more likely to consider a term material if the agreement flags it as such. The same clause can be a material term in one tenancy but not material in another.

==== b) Express, Implied and Statutory Terms ====

Valid express terms override any implied terms or “usual terms” that might otherwise apply at common law. For residential tenancies, the ''RTA'' deems some express terms to be unenforceable. Furthermore, the terms that the ''RTA'' deems to be terms in every agreement override any express or implied term to the contrary.

==== c) Unenforceable Terms ====

A term of the tenancy is unenforceable if:
*the term is inconsistent with this ''RTA'' or the ''RTR'' (''RTA'', s 6(3)(a));
*the term is unconscionable (''RTA'', s 6(3)(b)); or
*the term is not expressed in a manner that clearly communicates the rights and obligations under it (''RTA'', s 6(3)(c)).

The definition of “unconscionable” for the purposes of determining whether a term of a tenancy agreement is enforceable is “if the term is oppressive or grossly unfair to one party” (''RTR'', s 3). Some of the factors determining whether a term meets this standard can include (RTB PG 8):
*whether it grossly impacts the health and living quality of one party;
*whether there is a rational basis for the term to exist in the agreement; or
*whether the term is so one-sided that it oppresses or exploits the party with weaker bargaining power.

The following are examples of express terms that are void and unenforceable:
*a term purporting to hold that the ''RTA'' does not apply to the agreement or attempts to avoid the ''RTA'' (''RTA'', s 5);
*that the next payable rent becomes immediately due if a tenant fails to comply with a term of the tenancy agreement (''RTA'', s 22);
*that the landlord can seize the tenant’s personal property for rent owing (''RTA'', s 26(3)(a));
*terms that impose unreasonable restrictions on guests or impose a fee for having guests stay overnight (RTB PG 8); or
*for a fixed term tenancy, any vacate clauses that require the tenant to move out at the end of the tenancy unless:
**The tenancy agreement is a sublease agreement; or
**The fixed term tenancy was created in circumstances where the landlord or landlord’s close family plans in good faith to occupy the unit after the tenancy ends (''RTR'' s 13.1).

== B. Protecting the Tenant During Agreement Formation ==

A third party may accompany a potential tenant during a rental unit showing, so there is a witness as to the landlord’s representations made during the showing. Tenants should get the landlord’s promises in writing if possible, but note that landlords are not obligated to provide them in writing.

After establishing the tenancy and before the tenant moves their personal possessions into the rental unit, the landlord and tenant must jointly conduct a condition inspection and fill out and sign the RTB’s Condition Inspection Report (''RTA'', s 23). This report notes the condition of various elements of the rental unit, such as what needs to be repaired. It is a good idea to take photographs at the initial move-in inspection as well as the move-out inspection. The landlord must provide the tenant with a copy of the Condition Inspection Report within fifteen days (''RTA'', s 23(5)).

=== 1. Illegal Application Fees ===

A potential landlord cannot ask a renter or potential renter for application or processing fees relating to the following:
*accepting a tenancy application (''RTA'', s 15(a));
*processing the application (''RTA'', s 15(b));
*investigating the applicant’s suitability as a tenant (''RTA'', s 15(c)); or
*accepting the person as a tenant (''RTA'', s 15(a)).

If someone has paid an application fee and the landlord will not give it back, they can apply for dispute resolution to have it returned. Applicants will need to know the landlord’s proper name and address and have proof that the fee was paid. If a landlord does this as a business practice, the tenant should report this to the director of the RTB, or to the RTB’s Compliance and Enforcement Unit (CEU), who can launch an investigation. For more information about the CEU, see [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/tenancy-compliance-enforcement here].

{{LSLAP Manual Navbox|type=chapters15-23}}

Tenancy Agreements (19:IV)

2026-10-09T18:45:20Z

Nate Russell: 2026 update

{{REVIEWED LSLAP | date= 22 July 2026}}
{{LSLAP Manual TOC|expanded = landlord}}

== A. General ==

A “tenancy agreement” is defined as “an agreement, whether written or oral, express or implied, between a landlord and a tenant respecting possession of a rental unit, use of common areas and services and facilities, and includes a licence to occupy a rental unit” (''RTA'', s 1). Like any valid contract, there must be an offer, acceptance, and consideration.

A tenancy agreement gives the tenant the right to occupy the property. The landlord has a freehold interest in reversion, allowing them to sell their property to someone else. A tenancy continues under the same terms when a rental property is sold in BC. Accordingly, the landlord cannot terminate a lease simply because they want to sell the property; instead, the new owner will take over as the landlord. No new lease is required to be drafted and signed, though this may happen if both parties agree.

The Court of Appeal’s decision in ''[https://canlii.ca/t/khhkx Habitat for Humanity v. Booth]'', 2026 BCCA 8 has introduced uncertainty into the test for whether a contract is governed by the ''RTA''. Although the claimant made monthly payments to Habitat for Humanity that resembled rent, the Court found that the payments were part of a broader affordable homeownership program rather than a landlord-tenant relationship. As a result, the occupancy agreement was not a tenancy agreement governed by the ''RTA'', and the dispute fell outside the jurisdiction of the Residential Tenancy Branch (RTB). The decision’s main impact is that whether an agreement is a tenancy now depends on its overall substance and purpose, rather than solely on features such as exclusive possession or monthly payments. It is unclear how to square the Court’s comments with the text of the ''RTA'' or how this case may affect how the RTB assesses its own jurisdiction moving forward.

=== 1. Two Methods of Creating a Tenancy Relationship ===

==== a) By Written Contract ====

Although section 1 of the ''RTA'' contemplates tenancy agreements that are written, oral, or implied, a landlord must prepare in writing any tenancy agreement entered into on or after January 1, 2004 (''RTA'', s 13(1)).

Vague terms of the tenancy agreement may be framed in the tenant's favour using the principle of contra proferentem, meaning that the agreement will be strictly construed against the party who provided the agreement's wording.

==== b) By Implied Contract ====

Notwithstanding the obligation to prepare a written agreement, where there has been offer, acceptance, and some kind of meaningful consideration, the law may imply the existence of a valid tenancy agreement. The law seeks to recognize and validate the relationship where possible, even where the requirement for a written tenancy agreement has not been met.

The contents of oral contracts are hard to prove. If something is important, it should be recorded in writing.

In a fixed term tenancy that does not require the tenant to vacate on the last day, if the landlord and tenant have not entered into a new tenancy agreement, they are deemed to have entered into a month-to-month tenancy on the same terms (''RTA'', s 44(3)).

=== 2. Freedom of Contract and the Agreement ===

Parties may use a standard form (RTB-1) tenancy agreement with or without an addendum for additional terms, or they may write their own. Parties are free to add and alter the terms, covenants, and conditions, subject to common law and statute restrictions, which include standard terms that the ''RTA'' and ''RTR'' require to be in every tenancy agreement.

The standard terms are the clauses that every tenancy agreement must contain (''RTR'', s 13(1)), and are found in the schedule of the ''RTR''. A tenancy agreement cannot be amended to change or remove a standard term (''RTA'', s 14(1)), making them a minimum standard that all tenancy agreements must achieve.

All tenancy agreements must comply with the requirements laid out in section 13(2) of the ''RTA'', which requires tenancy agreements to include information such as the legal names of the parties, address of the rental unit, and others.

More information about tenancy agreement requirements and Form RTB-1 can be found [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/starting-a-tenancy/tenancy-agreements here].

==== c) No Contracting Out of Tenancy Legislation ====

As it is not possible to contract out of the ''RTA'' or ''RTR'' (''RTA'', s 5), a tenancy agreement cannot have terms that contradict the ''RTA'' or ''RTR''.

A tenancy agreement might purport to contain terms contrary to tenancy legislation, and this may not be identified in some cases until dispute resolution. A tenant is free to argue that a term violates the ''RTA'' or ''RTR'' and should, therefore, be unenforceable.

==== d) Amendments ====

Except in circumstances provided for under s 14(3) of the ''RTA'', changes in the tenancy agreement must be agreed upon by both the landlord and tenant (''RTA'', s 14(2)), in writing, and signed and dated by both parties. Generally, changes are only enforceable if both parties offer something in return for the other; however, a change without fresh consideration may be enforceable in the absence of duress, unconscionability, or other public policy concerns (''[https://canlii.ca/t/hs3c5#par183 Rosas v Toca]'', 2018 BCCA 191 at para 183).

==== e) Pets ====

If the tenancy agreement is silent about pets, then the tenant can obtain one. Tenancy agreements are allowed to include terms that prohibit pets or restrict the size, kind, or number of pets a tenant may keep on the residential property, or otherwise govern the tenant’s obligations regarding keeping a pet on the rental property (''RTA'', s 18(1)). This is subject to the ''Guide Dog and Service Dog Act'', SBC 2015, c 17 (''RTA'', s 18(3)), which in section 3 prohibits a person from denying tenancy or from discriminating with respect to a term of the tenancy against a person who intends to keep a guide dog or service dog in the rental unit.

==== f) Cannabis ====

As of October 17, 2018, personal possession of cannabis is legal in Canada. Accordingly, changes to the ''RTA'' were implemented around growing and smoking cannabis.

If a tenancy agreement entered into prior to legalization includes a clause prohibiting or limiting smoking and did not explicitly allow for smoking cannabis, then that clause is deemed to apply to smoking cannabis in the same way (''RTA'', s 21.1(2)). Vaporizing a substance containing cannabis is not “smoking cannabis” (''RTA'', s 21.1(3)).

Most tenancy agreements entered into prior to legalization are deemed to contain a term prohibiting growing cannabis plants in or on the residential property. There is an exemption for existing operations in or on the residential property that met the following conditions on the day before legalization:
*the tenant is growing one or more medical cannabis plants (''RTA'', s 21.1(4)(a));
*growing the plants is not otherwise a violation of the tenancy agreement (''RTA'', s 21.1(4)(b));
*the tenant is authorized under federal law to grow the cannabis plants in or on the residential tenancy (''RTA'', s 21.1(4)(c)); and
*the tenant is in compliance with federal law with respect to the medical cannabis (''RTA'', s 21.1(4)(c)).

=== 3. Operation of Tenancy Agreement Terms ===

A term in a tenancy agreement consists of a promise by a person that a certain thing must or must not be done.

==== a) Material Terms ====

From RTB PG 8, a material term is defined as a term of the tenancy agreement that, at the time of entering into the tenancy agreement, both parties agree is so important that the most trivial breach of the term entitles the other party to terminate the agreement.

Not all terms of a tenancy agreement are material terms. The circumstances surrounding the creation of the tenancy agreement and the importance of the term in the tenancy agreement as a whole are more relevant to whether the term is material; meanwhile, the consequences of a breach are less relevant. Although RTB PG 8 states that whether the tenancy agreement declares the term to be material is not determinative, Arbitrators may be more likely to consider a term material if the agreement flags it as such. The same clause can be a material term in one tenancy but not material in another.

==== b) Express, Implied and Statutory Terms ====

Valid express terms override any implied terms or “usual terms” that might otherwise apply at common law. For residential tenancies, the ''RTA'' deems some express terms to be unenforceable. Furthermore, the terms that the ''RTA'' deems to be terms in every agreement override any express or implied term to the contrary.

==== c) Unenforceable Terms ====

A term of the tenancy is unenforceable if:
*the term is inconsistent with this ''RTA'' or the ''RTR'' (''RTA'', s 6(3)(a));
*the term is unconscionable (''RTA'', s 6(3)(b)); or
*the term is not expressed in a manner that clearly communicates the rights and obligations under it (''RTA'', s 6(3)(c)).

The definition of “unconscionable” for the purposes of determining whether a term of a tenancy agreement is enforceable is “if the term is oppressive or grossly unfair to one party” (''RTR'', s 3). Some of the factors determining whether a term meets this standard can include (RTB PG 8):
*whether it grossly impacts the health and living quality of one party;
*whether there is a rational basis for the term to exist in the agreement; or
*whether the term is so one-sided that it oppresses or exploits the party with weaker bargaining power.

The following are examples of express terms that are void and unenforceable:
*a term purporting to hold that the ''RTA'' does not apply to the agreement or attempts to avoid the ''RTA'' (''RTA'', s 5);
*that the next payable rent becomes immediately due if a tenant fails to comply with a term of the tenancy agreement (''RTA'', s 22);
*that the landlord can seize the tenant’s personal property for rent owing (''RTA'', s 26(3)(a));
*terms that impose unreasonable restrictions on guests or impose a fee for having guests stay overnight (RTB PG 8); or
*for a fixed term tenancy, any vacate clauses that require the tenant to move out at the end of the tenancy unless:
**The tenancy agreement is a sublease agreement; or
**The fixed term tenancy was created in circumstances where the landlord or landlord’s close family plans in good faith to occupy the unit after the tenancy ends (''RTR'' s 13.1).

== B. Protecting the Tenant During Agreement Formation ==

A third party may accompany a potential tenant during a rental unit showing, so there is a witness as to the landlord’s representations made during the showing. Tenants should get the landlord’s promises in writing if possible, but note that landlords are not obligated to provide them in writing.

After establishing the tenancy and before the tenant moves their personal possessions into the rental unit, the landlord and tenant must jointly conduct a condition inspection and fill out and sign the RTB’s Condition Inspection Report (''RTA'', s 23). This report notes the condition of various elements of the rental unit, such as what needs to be repaired. It is a good idea to take photographs at the initial move-in inspection as well as the move-out inspection. The landlord must provide the tenant with a copy of the Condition Inspection Report within fifteen days (''RTA'', s 23(5)).

=== 1. Illegal Application Fees ===

A potential landlord cannot ask a renter or potential renter for application or processing fees relating to the following:
*accepting a tenancy application (''RTA'', s 15(a));
*processing the application (''RTA'', s 15(b));
*investigating the applicant’s suitability as a tenant (''RTA'', s 15(c)); or
*accepting the person as a tenant (''RTA'', s 15(a)).

If someone has paid an application fee and the landlord will not give it back, they can apply for dispute resolution to have it returned. Applicants will need to know the landlord’s proper name and address and have proof that the fee was paid. If a landlord does this as a business practice, the tenant should report this to the director of the RTB, or to the RTB’s Compliance and Enforcement Unit (CEU), who can launch an investigation. For more information about the CEU, see [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/tenancy-compliance-enforcement here].

{{LSLAP Manual Navbox|type=chapters15-23}}

The Residential Tenancy Act and Related Statutes (19:III)

2026-10-09T18:43:01Z

Nate Russell: 2026 update

{{REVIEWED LSLAP | date= 22 July 2026}}
{{LSLAP Manual TOC|expanded = landlord}}

== A. What Is and Is Not Subject to the ''RTA'' ==

The RTB can only hear disputes subject to either the ''RTA'' or the ''MHPTA''. If a dispute between a tenant and a roommate arises beyond the jurisdiction of either ''Act'', it cannot be brought to the RTB. Instead, it may be brought to:
*the Civil Resolution Tribunal (CRT) if the disputed monetary amount is $5000 or less;
*the Small Claims Court if the disputed monetary amount is between $5,001 to $35,000; or
*the Supreme Court if it is over $35,000.
For more information about proceedings in those bodies, see [[Introduction_to_Small_Claims_(20:I)|Chapter Twenty: Small Claims and the CRT]].

Call the Residential Tenancy Branch information line (604-660-1020 or 1-800-665-8779) if you are unsure whether the rental unit comes under the ''RTA''. Further resources are available at the end of this Chapter if you need assistance with a tenancy that is not under the jurisdiction of the RTB.

=== 1. No Avoiding Tenancy Statutes ===

Neither landlords nor tenants can contract out of or avoid the ''RTA'' or ''RTR'' (''RTA'', s 5(1)). Any tenancy agreement terms that are inconsistent with ''RTA'' or ''RTR'' or otherwise any attempt to avoid them are void and of no effect (''RTA'', s 5(2)).

=== 2. Excluded Premises and Agreements ===

Section 4 of the ''RTA'' sets out a list of situations which are not covered by the ''RTA''. For more information about what is covered by BC’s tenancy laws based on the type of housing situation, visit [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/calculators-and-resources/tenancy-laws-rules/tenancies-types this website].

The following discusses some of the housing arrangements that are not covered by the ''RTA''.

==== a) Renting as a Housing Cooperative Member ====

If a non-profit housing cooperative rents housing to one of its members, the tenancy is not covered by the ''RTA'' (''RTA'', s 4(a)). Conversely, where a tenant is living in a cooperative housing facility and is paying rent, but is not a member of the cooperative, their rental unit may be subject to the ''RTA'' if the arrangement otherwise fits the definition of a tenancy.

==== b) Sharing Bathroom or Kitchen Facilities ====

If a tenancy allows for sharing bathroom or kitchen facilities with the owner of the accommodations, the tenancy is not covered by the ''RTA'' (''RTA'', s 4(c)).

==== c) Roommates Without Tenancy Agreement With the Landlord ====

Any roommates who do not have a tenancy agreement with the landlord are not covered by the ''RTA'' and do not have any recourse against the landlord under the ''RTA''. For more information, see RTB PG 19.

The determination of whether there is a direct tenancy with the landlord depends on the circumstances of each case and can only be made by an RTB Arbitrator at a dispute resolution hearing.

==== d) Emergency Shelter or Transitional Housing ====

Sometimes organizations that provide housing may claim that their accommodation falls under the emergency shelter or transitional housing exceptions. However, such claims are not necessarily correct, and only the RTB can make such a determination.

“Emergency shelter” entails an individual being provided with temporary overnight shelter or, in extreme circumstances, shelter beyond overnight until the emergency is over (RTB PG 46). Residents of these shelters “may have an immediate need for support services” such as nutrition, hygiene, and health services, and “may be required to abide by house rules as a condition of their stay”.

The ''RTR'' defines “transitional housing” as living accommodation that is provided:
*on a temporary basis;
*by a person or organization that receives funding from a local government or the government of British Columbia or of Canada for the purpose of providing that accommodation; and
*together with programs intended to assist tenants to become better able to live independently.

Any accommodation must satisfy all three of these criteria to be excluded from the ''RTA'', even if a transitional housing agreement has been signed.

==== e) Commercial Tenancies ====

Premises primarily occupied for business purposes are instead governed ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96057_01 by the Commercial Tenancy Act]'', RSBC 1996, c 57. Furthermore, the ''RTA'' does not apply to accommodations rented under the same agreement as premises primarily occupied for business purposes (''RTA'', s 4(d)). See also RTB PG 14.

==== f) Other Excluded Arrangements ====

Please see section 4 of the ''RTA'' for other living situations not covered by the ''RTA''.

=== 3. Minors ===

Tenancy agreements entered into by persons under the age of 19 are enforceable (''RTA'', s 3). Despite the ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96223_01 Infants Act]'', RSBC 1996, c 223, this section allows the ''RTA'', ''RTR'', tenancy agreements, and service agreements to be enforced against minors.

=== 4. The Crown ===

Generally, the ''RTA'' applies to the Crown.

=== 5. Hotel Tenants and Landlords ===

Hotel tenants are fully covered by the ''RTA'' if the hotel is the tenants’ primary residence. The following rules apply only to hotel tenants and landlords:
*section 29(1)(c) of the ''RTA'' permits entry into a hotel tenant’s room without notice to provide housekeeping or related services at reasonable times;
*section 59(6) of the ''RTA'' permits an individual occupying a room in a residential hotel to apply for an interim order stating that the ''RTA'' applies to that living accommodation without notifying other parties.

== B. Strata Property ==

A tenant in possession of a strata title lot (i.e. a condominium), whose landlord is the owner of the title and a member of the strata, is subject to both the ''RTA'' and the ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/98043_00 Strata Property Act]'', SBC 1998, c 43 [SPA].

For more information, see [[Introduction_(22:I)|Chapter Twenty-Two: Strata Law]].

== C. Discrimination Against Tenants ==

Although overall poverty is not a protected ground under the ''[https://www.bclaws.gov.bc.ca/civix/document/id/consol41/consol41/00_96210_01 BC Human Rights Code]'', RSBC 1996, c 210 [''HRC''], a landlord must not deny tenancy to a prospective tenant or discriminate regarding a term of a tenancy agreement based on a lawful source of income, such as income assistance or similar benefits (''HRC'', s 10(1)(a)). The prospective tenant may file a human rights complaint to the BC Human Rights Tribunal. See [[Introduction_to_Human_Rights_(6:I)|Chapter Six: Human Rights]] for more information.

Section 10(1) of the ''HRC'' also prohibits a person from denying tenancy or from discriminating with respect to a term of the tenancy against a person or class of persons because of their Indigenous identity, race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation, gender identity or expression, or age. Note that pets are not covered under discrimination rules.

There are three exceptions:

=== 1. Shared Accommodations ===

These provisions do not apply where a tenant and landlord will share the use of any sleeping, bathroom or cooking facilities in the space (''HRC'', s 10(2)(a)).

=== 2. Older Adults Only ===

These provisions, as they relate to age and family status, do not apply to rental spaces in residential buildings in which every unit is reserved for rental by people who have reached 55 years of age, or for by two or more people, at least one of whom has reached 55 years of age (''HRC'', s 10(2)(b)).

=== 3. Units Designed to Accommodate Disability ===

These provisions, as they relate to physical or mental disability, do not apply if both the rental unit and the residential premises containing it are designed to accommodate persons with disabilities, and the unit is offered for rent exclusively to someone with a disability, or to two or more persons, at least one of whom has a disability (''HRC'', s 10(2)(c)).

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Governing Legislation in Landlord and Tenant Law (19:II)

2026-10-09T18:42:43Z

Nate Russell: /* A. Tenancy Law */

{{REVIEWED LSLAP | date= 22 July 2026}}
{{LSLAP Manual TOC|expanded = landlord}}

== A. Tenancy Law ==

=== 1. Statutes ===

''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/02078_01 Residential Tenancy Act]'', SBC 2002, c 78 (''RTA'')

''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/02077_01 Manufactured Home Park Tenancy Act]'', SBC 2002, c 77 (''MHPTA'')

=== 2. Regulations ===

''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/10_477_2003 Residential Tenancy Regulation]'', BC Reg 477/2003 (''RTR'')

''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/481_2003 Manufactured Home Park Tenancy Regulation]'', BC Reg 481/2003 (''MHPTR'')

=== 3. Policy Documents ===

[https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/calculators-and-resources/tenancy-policy-guidelines-number Residential Tenancy Branch Policy Guidelines] (RTB PG). Throughout this Chapter, individual policy guidelines are abbreviated as “RTB PG” followed by its number, such as RTB PG 1 for Policy Guideline 1.

[https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rop.pdf Residential Tenancy Branch Rules of Procedure] (RTB ROP), with updated versions published [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/calculators-and-resources/tenancy-laws-rules here].

== B. Related statutes ==

''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96430_01 Small Claims Act]'', RSBC 1996, c 430 [''SCA'']

''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/12025_01 Civil Resolution Tribunal Act]'', SBC 2012, c 25 [''CRTA'']

''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_96210_01 Human Rights Code]'', RSBC 1996, c 210 [''HRC'']

''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/98043_00_multi Strata Property Act]'', SBC 1998, c 43 [''SPA'']

''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_04045_01 Administrative Tribunals Act]'', SBC 2004, c 45 [''ATA'']

''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_96241_01 Judicial Review Procedure Act]'', RSBC 1996, c 241 [''JRPA'']

''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/03063_01 Personal Information Protection Act]'', SBC 2003, c 63 [''PIPA'']

{{LSLAP Manual Navbox|type=chapters15-23}}

Governing Legislation in Landlord and Tenant Law (19:II)

2026-10-09T18:40:05Z

Nate Russell: 2026 update

{{REVIEWED LSLAP | date= 22 July 2026}}
{{LSLAP Manual TOC|expanded = landlord}}

== A. Tenancy Law ==

=== 1. Statutes ===

''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/02078_01 Residential Tenancy Act]'', SBC 2002, c 78 [''RTA'']

''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/02077_01 Manufactured Home Park Tenancy Act]'', SBC 2002, c 77 [''MHPTA'']

=== 2. Regulations ===

''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/10_477_2003 Residential Tenancy Regulation]'', BC Reg 477/2003 [''RTR'']

''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/481_2003 Manufactured Home Park Tenancy Regulation]'', BC Reg 481/2003 [''MHPTR'']

=== 3. Policy Documents ===

[https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/calculators-and-resources/tenancy-policy-guidelines-number Residential Tenancy Branch Policy Guidelines] (RTB PG). Throughout this Chapter, individual policy guidelines are abbreviated as “RTB PG” followed by its number, such as RTB PG 1 for Policy Guideline 1.

[https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rop.pdf Residential Tenancy Branch Rules of Procedure] [RTB ROP], with updated versions published [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/calculators-and-resources/tenancy-laws-rules here].

== B. Related statutes ==

''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96430_01 Small Claims Act]'', RSBC 1996, c 430 [''SCA'']

''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/12025_01 Civil Resolution Tribunal Act]'', SBC 2012, c 25 [''CRTA'']

''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_96210_01 Human Rights Code]'', RSBC 1996, c 210 [''HRC'']

''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/98043_00_multi Strata Property Act]'', SBC 1998, c 43 [''SPA'']

''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_04045_01 Administrative Tribunals Act]'', SBC 2004, c 45 [''ATA'']

''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_96241_01 Judicial Review Procedure Act]'', RSBC 1996, c 241 [''JRPA'']

''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/03063_01 Personal Information Protection Act]'', SBC 2003, c 63 [''PIPA'']

{{LSLAP Manual Navbox|type=chapters15-23}}

Introduction to Landlord and Tenant Law (19:I)

2026-10-09T18:39:36Z

Nate Russell: 2026 update

{{REVIEWED LSLAP | date= 22 July 2026}}
{{LSLAP Manual TOC|expanded = landlord}}

British Columbia’s landlord-tenant law was written to protect the rights and identify the responsibilities of both landlords and tenants. This guide seeks to provide basic legal information about the rights and responsibilities of tenants and landlords, and about the processes available for resolving disputes between tenants and landlords.

The primary source of landlord-tenant law in British Columbia is the ''Residential Tenancy Act'' (''RTA''). The ''Manufactured Home Park Tenancy Act'', SBC 2002, c 77 (''MHPTA'') is a counterpart to the RTA that applies to owners of manufactured homes who rent the site on which their homes sit. As these statutes were enacted to provide tenants with protections beyond that which is offered by the common law, ambiguities in language must be interpreted in favour of tenants (''[https://canlii.ca/t/1qnxb#par11 Berry and Kloet v. British Columbia (Residential Tenancy Act, Arbitrator)]'', 2007 BCSC 257 at para 11).

The ''RTA'' sets out the rights and obligations of landlords and tenants. Landlords and tenants enter into tenancy agreements that set out further rights and obligations. A tenancy agreement means an agreement, whether written or oral, express or implied, between a landlord and a tenant, respecting possession of a rental unit, use of common areas and services and facilities. It also includes a licence to occupy a rental unit.

The Residential Tenancy Branch (RTB) is the government body that adjudicates disputes covered under the ''RTA'' or the ''MHPTA''. It has published many Policy Guidelines that expand beyond the ''RTA'', and the ''Residential Tenancy Regulation'' (''RTR''). They help create greater predictability and consistency when the RTB adjudicates tenancy disputes as well as summarize tenancy law in British Columbia. Although the Policy Guidelines are highly persuasive and are frequently followed by RTB arbitrators, they are not absolutely binding (''[https://canlii.ca/t/k640z#par42 Shuster v. British Columbia (Residential Tenancy Branch)]'', 2024 BCCA 282 at para 42).

This Chapter covers the rights and obligations of landlords and tenants that are under a tenancy agreement, as well as seeking dispute resolution at the Residential Tenancy Branch. As this Chapter primarily covers the ''RTA'', unless otherwise specified, any statement in this Chapter should be presumed to apply to the ''RTA'' and may or may not apply to the ''MHPTA''.

{{LSLAP Manual Navbox|type=chapters15-23}}

Important Addresses and Phone Numbers in Immigration Law (18:XIV)

2026-10-09T17:30:32Z

Nate Russell: 2026 update

{{REVIEWED LSLAP | date= 9 July 2026}}
{{LSLAP Manual TOC|expanded = immigration}}

=== Immigration, Refugees and Citizenship Canada (IRCC) ===

{{ResourcesLSLAP
| address = 1148 Hornby Street <br /> Vancouver, B.C. V6Z 2C3
| online = [http://www.cic.gc.ca Website]
}}

=== Immigration and Refugee Board of Canada ===

{{ResourcesLSLAP
| address = Library Square, 1600 - 300 West Georgia Street <br /> Vancouver, B.C. V6B 6C9
| phone = (866) 787-7472
| online = [https://irb.gc.ca Website]
}}

=== Canada Border Services Agency (Enforcement) ===

{{ResourcesLSLAP_addressphone
| address = Library Square, 700 - 300 West Georgia Street <br /> Vancouver, B.C. V6B 6C9
| phone = (204) 983-3500
}}

=== Vancouver Association for Survivors of Torture (VAST)* ===
Provides medical and/or psychological assistance to refugee claimants who were victims of torture, as well as services to family members of survivors.
{{ResourcesLSLAP
| address = 2610 Victoria Drive <br /> Vancouver, B.C. V5N 4L2
| phone = (778) 372-6593
| online = [https://www.vastbc.ca/ Website] <br /> Email: referrals@vast-vancouver.ca
}}

=== MOSAIC Settlement Services ===

{{ResourcesLSLAP
| address = 5575 Boundary Rd <br /> Vancouver, BC V5R 2P9
| phone = (604) 254-9626 <br /> Fax: (604) 254-3932
| online = [http://www.mosaicbc.org/ Website] <br /> Email: info@mosaicbc.org
}}

=== Immigrant Services Society of B.C. ===

ISS is a non-profit organization committed to identifying the needs of immigrants and refugees and to developing and providing programs which meet those needs.
{{ResourcesLSLAP
| address = 2610 Victoria Drive <br /> Vancouver, BC V5N 4L2 Canada
| phone = (604) 684-2561 <br /> Fax: (604) 684-2266
| online = [http://www.issbc.org/ Website] <br /> Email: info@issbc.org
}}

=== S.U.C.C.E.S.S. ===
S.U.C.C.E.S.S. is a non-profit social service agency that provides assistance to newly-arrived immigrants and refugees. The agency provides instructions in Cantonese and Mandarin on how to fill out citizenship forms and study for the citizenship test.
{{ResourcesLSLAP
| address = Head office: 28 West Pender Street <br /> Vancouver, B.C. V6B 1R6
| phone = (604) 684-1628
| online = [https://successbc.ca/ Website] <br /> Email: info@success.bc.ca
}}

=== Immigration and Refugee Legal Clinic ===

{{ResourcesLSLAP
| address = 2610 Victoria Drive #103 <br /> Vancouver, BC V5N 4L2
| phone = (778) 372-6583
| online = [https://www.irlc.ca/ Website] <br /> Email: info@irlc.ca
}}

=== Legal Aid (Legal Services Society) Vancouver Regional Centre ===

{{ResourcesLSLAP
| address = Suite 425 (Intake); Suite 400 (Administration) <br /> 510 Burrard Street <br /> Vancouver, B.C. V6C 3A8
| phone = (604) 601-6206 (Intake) <br /> Fax: (604) 601-6000
| online = [https://legalaid.bc.ca/ Website]
}}

=== BC Provincial Nominee Program ===

{{ResourcesLSLAP
| address = Suite 450 - 605 Robson Street <br /> Vancouver, B.C. V6B 5J3
| phone = (604) 775-2227 <br /> Fax: (604) 660-4092
| online = [https://www.welcomebc.ca/Immigrate-to-B-C Website] <br /> Email: pnpinfo@gov.bc.ca
}}

=== Lawyer Referral Service ===
The Lawyer Referral Service provides referrals to lawyers who will provide up to 30 minutes of free legal consultation. When requesting a referral, please request a lawyer who specializes in immigration law.
{{ResourcesLSLAP
| address = Head office: 300 - 845 Cambie Street <br /> Vancouver, B.C. V6B 4Z9
| phone = (604) 687-3221
| online = [http://www.accessprobono.ca/node/385 Website] <br /> E-mail: Appointments@accessprobono.ca
}}

*These organizations may have closed / their mandates may be significantly altered due to changes in funding.

{{LSLAP Manual Navbox|type=chapters15-23}}

Immigration Issues at Sentencing (18:XIII)

2026-10-09T17:29:56Z

Nate Russell: 2026 update

{{REVIEWED LSLAP | date= 9 July 2026}}
{{LSLAP Manual TOC|expanded = immigration}}

In June 2013, changes to the ''IRPA'' came into force that severely altered the '''permanent residence''' consequences of a term of imprisonment of 6 months or more, including credit for time served. Such permanent residents will be issued a deportation order with '''no appeal''' of the deportation order to the IAD. Previously, the period of imprisonment required to result in a consequence of no appeal to the IAD of a removal was 2 years. This change is retroactive, and any permanent resident who had not already been referred to the IAD for an appeal of the removal order will not have that option even if the sentence was imposed before the law changed.

* If a permanent resident has been convicted of an offence in Canada for which a maximum term of imprisonment of more than 10 years could be imposed, they become inadmissible to Canada and will be issued a deportation order. A permanent resident has the right to appeal a deportation order to the IAD under s 63(3) of the ''IRPA''. As noted above, this right of appeal is lost if the permanent resident actually receives a sentence of 6 months or more, and the calculation of 6 months includes pre-trial custody, so an individual who receives a 2-month sentence in addition to double credit for 2 months pre-trial custody, has received a 6-month sentence. A conditional sentence of imprisonment imposed pursuant to the regime set out in ss 742 to 742.7 of the ''Criminal Code'' " is not a term of imprisonment" under s 36(1)(a) of the ''IRPA''. The phrase "maximum term of imprisonment" in paragraph A36(1)(a) refers to the maximum term of imprisonment available at the time of the commission of the offence and not the term of imprisonment available at the time of sentencing or the time admissibility is assessed.

:'''NOTE:''' The accused should actively raise these immigration considerations with criminal defence counsel at the earliest opportunity, and make sure that counsel is engaging these issues whenever the accused is in custody, or faces a possible custodial sentence.

{{LSLAP Manual Navbox|type=chapters15-23}}

Immigration Offences (18:XII)

2026-10-09T17:28:46Z

Nate Russell: 2026 update

{{REVIEWED LSLAP | date= 9 July 2026}}
{{LSLAP Manual TOC|expanded = immigration}}

Part 3 of the ''IRPA'' outlines various serious offences and penalties for breaches of the Act including human smuggling and trafficking in persons. Other offences created by the ''IRPA'' include:

:a) Disembarking a person or group of people at sea for the purposes of entering Canada illegally,
:b) Possession, use, import/export, or dealing in passports, visas and other documents to contravene the Act,
:c) Entering Canada at any place other than a Port-of-Entry without reporting to an immigration officer,
:d) Gaining admission to Canada through the use of a false or improperly obtained passport, visa or other documents,
:e) Violating the terms or conditions under which admission was granted,
:f) Knowingly making false or misleading statements at an immigration examination or admissibility hearing,
:g) Remaining in Canada after ceasing to be a visitor, and
:h) Working illegally or employing a person who is not authorized to work.

For lesser offences, s 144 of the ''IRPA'' provides that offenders may be ticketed. This provides officers with an alternative to using the other procedures set out in the ''IRPA'' or the ''Criminal Code'', RSC 1985, c C-46. Fines of up to $10,000 may be assessed under such offences.

{{LSLAP Manual Navbox|type=chapters15-23}}

Immigration Appeals (18:XI)

2026-10-09T17:27:57Z

Nate Russell:

{{REVIEWED LSLAP | date= 9 July 2026}}
{{LSLAP Manual TOC|expanded = immigration}}

The Immigration Appeal Division ("IAD") may allow an appeal and set aside an original decision:
:i. Based on the grounds of an error in law or fact,
:ii. If there are sufficient humanitarian grounds (in some cases), or
:iii. If a breach of a principle of natural justice has occurred. Principles of equity are generally of greater concern in appeals concerning removal orders.

In certain cases, the IAD may also give special relief on the basis of humanitarian and compassionate grounds (i.e. equitable grounds), considering all the circumstances of the case and especially in taking into account the best interests of a child. The IAD can:
:i. Allow an appeal,
:ii. Dismiss an appeal, or
:iii. Stay the removal and impose terms and conditions (''IRPA'' s 68).

== A. Sponsorship Appeals ==

If a Canadian citizen or permanent resident ("PR") tries to sponsor a member of the family class and the application is refused, the citizen or PR can appeal the refusal to the immigration appeal division. Appeals must be made within '''30 days''' of the day the sponsor is informed of the refusal. A member will hear the appeal following the tribunal process. Section 63 of ''IRPA'' specifies that the IAD can consider H&C applications only if the applicant is a confirmed family member.

Some sponsorship appeals follow an Early Resolution ("ER") process. The appellant can always request ER. The ER process at the IAD usually involves a one-hour, in-person meeting with a CBSA hearings officer who will review the facts and question the Appellant sponsor. The IAD assigns a member to act as an Early Resolution Officer ("ERO") for each appeal that is selected for the ER process. Counsel should also attend, but does not make submissions, and is primarily there to assist the Appellant. Despite this process, many of the cases that go through ER will have a final result without the parties having to attend a full oral hearing, so applicants may wish to request ER if they believe the Appeal case is strong, is not especially complex, can be resolved without the direct testimony of the principal applicant (sponsored person), and that it can be dealt with about an hour.

IAD's jurisdiction is limited to errors in law, fact, or mixed law and fact. IAD cannot override a negative sponsorship application on grounds of equity. '''Sponsorship applications made from within Canada, i.e. Spouse and Common-law Partner in Canada Class applications, cannot be appealed to the IAD.'''

== B. Removal Order Appeals ==

Permanent residents, Convention refugees, and protected persons who have been ordered removed from Canada may file an appeal with the IAD. These appeals may be based on either legal or equitable grounds.

:'''NOTE:''' If a person has been convicted and sentenced in Canada to six months imprisonment or more, they will not be able to appeal an order to the IAD. A conditional sentence does not count as a term of imprisonment for determining serious criminality under subsection A36(1). See ''[https://canlii.ca/t/h6pmh Tran v Canada (Public Safety and Emergency Preparedness)]'', 2017 SCC 50.

Removal orders may '''not''' be appealed if the permanent resident has been found inadmissible because of:
:a) Serious criminality with a sentence of 6 months or more,
:b) A foreign conviction (or committing an act outside Canada) carrying a maximum sentence of 10 years or more in Canada,
:c) Organized criminality,
:d) Security grounds, or
:e) Violations of human or international rights.

Appeals must be filed within '''75 days''' of the removal order being issued.

'''For a comparison of the former inadmissibility regime to the new inadmissibility regime, please refer to:''' https://www.canada.ca/en/immigration-refugees-citizenship/news/archives/backgrounders-2013/faster-removal-foreign-criminals-act-1.html

:'''NOTE:''' Because of the exclusion from appeal for people sentenced to six months or more, advocates in criminal trials where this may become an issue should ensure that the judge is aware of the immigration status of the accused, as it may affect sentencing (e.g. the judge may reduce the sentence to six months less a day, in which case an appeal of the removal order would be possible). For further details see [[Immigration_Issues_at_Sentencing_(18:XIII)|Section XIII: Immigration Issues at Sentencing, below]].

== C. Residency Obligation Appeals ==

Permanent residents outside of Canada who are determined by an IRCC officer not to have fulfilled their residency obligation have a right of appeal before the IAD.

Appeals must be made within '''60 days''' of receiving the written decision. Upon application, the IAD can issue an order that the person must physically appear at the hearing. Once the order is given, a travel document will be issued by IRCC allowing the person to enter Canada for the hearing. If the appeal is allowed, the person will not lose permanent resident status. If it is dismissed, the person will lose permanent resident status, and the IAD will issue a removal order.

== D. Federal Court (Leave and Judicial Review) ==

Always contact an immigration lawyer in cases where Federal Court is or might be involved. Decisions by the IAD (or the Refugee Protection Division and the Immigration Division, where no administrative appeal exists) may be challenged by judicial review in the Federal Court of Canada. '''There is a 15-day filing deadline to apply for leave for judicial review of matters decided within Canada, and a 60-day deadline for matters decided overseas (''IRPA'', s 72), so an applicant must act quickly if they seek leave for judicial review.''' In the process of judicial review, the court does not try the case ''de novo''; the role of the court is not to substitute its own discretion for that of the tribunal, but rather to ensure that the tribunal made a reasonable decision and/or did not exceed its statutory authority. The court simply reviews the case to verify that it was procedurally fair; that the decision maker did not make any errors of law or unreasonable findings of fact; and that the decision itself was reasonable. See [[Introduction_to_Public_Complaints_Procedures_(5:I)|Chapter 5: Public Complaints]] for a more thorough treatment of judicial review.

On a leave application, all arguments and evidence are submitted to the judge in written form without a personal appearance. The judge reviews the material and, if satisfied that the applicant has made an arguable case, grants leave for a hearing. If the judge decides there is no arguable case, leave will be denied and there can be no further argument in the Federal Court. A decision made by the Federal Court may be appealed to the Federal Court of Appeal only if the Trial Division judge "certifies" a question as being of serious and general importance (s 74(d)).

{{LSLAP Manual Navbox|type=chapters15-23}}

Immigration Appeals (18:XI)

2026-10-09T17:24:38Z

Nate Russell: 2026 update

{{REVIEWED LSLAP | date= 9 July 2026}}
{{LSLAP Manual TOC|expanded = immigration}}

The Immigration Appeal Division ("IAD") may allow an appeal and set aside an original decision:
:i. Based on the grounds of an error in law or fact,
:ii. If there are sufficient humanitarian grounds (in some cases), or
:iii. If a breach of a principle of natural justice has occurred. Principles of equity are generally of greater concern in appeals concerning removal orders.

In certain cases, the IAD may also give special relief on the basis of humanitarian and compassionate grounds (i.e. equitable grounds), considering all the circumstances of the case and especially in taking into account the best interests of a child. The IAD can:
:i. Allow an appeal,
:ii. Dismiss an appeal, or
:iii. Stay the removal and impose terms and conditions (''IRPA'' s 68).

== A. Sponsorship Appeals ==

If a Canadian citizen or permanent resident ("PR") tries to sponsor a member of the family class and the application is refused, the citizen or PR can appeal the refusal to the immigration appeal division. Appeals must be made within '''30 days''' of the day the sponsor is informed of the refusal. A member will hear the appeal following the tribunal process. Section 63 of ''IRPA'' specifies that the IAD can consider H&C applications only if the applicant is a confirmed family member.

Some sponsorship appeals follow an Early Resolution ("ER") process. The appellant can always request ER. The ER process at the IAD usually involves a one-hour, in-person meeting with a CBSA hearings officer who will review the facts and question the Appellant sponsor. The IAD assigns a member to act as an Early Resolution Officer ("ERO") for each appeal that is selected for the ER process. Counsel should also attend, but does not make submissions, and is primarily there to assist the Appellant. Despite this process, many of the cases that go through ER will have a final result without the parties having to attend a full oral hearing, so applicants may wish to request ER if they believe the Appeal case is strong, is not especially complex, can be resolved without the direct testimony of the principal applicant (sponsored person), and that it can be dealt with about an hour.

IAD's jurisdiction is limited to errors in law, fact, or mixed law and fact. IAD cannot override a negative sponsorship application on grounds of equity. '''Sponsorship applications made from within Canada, i.e. Spouse and Common-law Partner in Canada Class applications, cannot be appealed to the IAD.'''

== B. Removal Order Appeals ==

Permanent residents, Convention refugees, and protected persons who have been ordered removed from Canada may file an appeal with the IAD. These appeals may be based on either legal or equitable grounds.

:'''NOTE:''' If a person has been convicted and sentenced in Canada to six months imprisonment or more, they will not be able to appeal an order to the IAD. A conditional sentence does not count as a term of imprisonment for determining serious criminality under subsection A36(1). See ''[https://canlii.ca/t/h6pmh Tran v Canada (Public Safety and Emergency Preparedness)]'', 2017 SCC 50.

Removal orders may '''not''' be appealed if the permanent resident has been found inadmissible because of:
:a) Serious criminality with a sentence of 6 months or more,
:b) A foreign conviction (or committing an act outside Canada) carrying a maximum sentence of 10 years or more in Canada,
:c) Organized criminality,
:d) Security grounds, or
:e) Violations of human or international rights.

Appeals must be filed within '''75 days''' of the removal order being issued.

'''For a comparison of the former inadmissibility regime to the new inadmissibility regime, please refer to:''' http://www.cic.gc.ca/english/department/media/backgrounders/2013/2013-06-20a.asp.

:'''NOTE:''' Because of the exclusion from appeal for people sentenced to six months or more, advocates in criminal trials where this may become an issue should ensure that the judge is aware of the immigration status of the accused, as it may affect sentencing (e.g. the judge may reduce the sentence to six months less a day, in which case an appeal of the removal order would be possible). For further details see [[Immigration_Issues_at_Sentencing_(18:XIII)|Section XIII: Immigration Issues at Sentencing, below]].

== C. Residency Obligation Appeals ==

Permanent residents outside of Canada who are determined by an IRCC officer not to have fulfilled their residency obligation have a right of appeal before the IAD.

Appeals must be made within '''60 days''' of receiving the written decision. Upon application, the IAD can issue an order that the person must physically appear at the hearing. Once the order is given, a travel document will be issued by IRCC allowing the person to enter Canada for the hearing. If the appeal is allowed, the person will not lose permanent resident status. If it is dismissed, the person will lose permanent resident status, and the IAD will issue a removal order.

== D. Federal Court (Leave and Judicial Review) ==

Always contact an immigration lawyer in cases where Federal Court is or might be involved. Decisions by the IAD (or the Refugee Protection Division and the Immigration Division, where no administrative appeal exists) may be challenged by judicial review in the Federal Court of Canada. '''There is a 15-day filing deadline to apply for leave for judicial review of matters decided within Canada, and a 60-day deadline for matters decided overseas (''IRPA'', s 72), so an applicant must act quickly if they seek leave for judicial review.''' In the process of judicial review, the court does not try the case ''de novo''; the role of the court is not to substitute its own discretion for that of the tribunal, but rather to ensure that the tribunal made a reasonable decision and/or did not exceed its statutory authority. The court simply reviews the case to verify that it was procedurally fair; that the decision maker did not make any errors of law or unreasonable findings of fact; and that the decision itself was reasonable. See [[Introduction_to_Public_Complaints_Procedures_(5:I)|Chapter 5: Public Complaints]] for a more thorough treatment of judicial review.

On a leave application, all arguments and evidence are submitted to the judge in written form without a personal appearance. The judge reviews the material and, if satisfied that the applicant has made an arguable case, grants leave for a hearing. If the judge decides there is no arguable case, leave will be denied and there can be no further argument in the Federal Court. A decision made by the Federal Court may be appealed to the Federal Court of Appeal only if the Trial Division judge "certifies" a question as being of serious and general importance (s 74(d)).

{{LSLAP Manual Navbox|type=chapters15-23}}

Immigration Removal Orders (18:X)

2026-10-09T17:11:45Z

Nate Russell: 2026 update

{{REVIEWED LSLAP | date= 9 July 2026}}
{{LSLAP Manual TOC|expanded = immigration}}

There are three types of removal orders:
# Departure orders
# Exclusion orders
# Deportation orders

[https://canlii.ca/t/56xgx#PART_13_Removal_843079 ''IRP Regulations'', Part 13]

The ''IRPA'' sets out certain types of removal orders that are associated with certain offences created under ''IRPA''. For example, if a foreign national is determined inadmissible for having committed a serious criminal offence, the foreign national will automatically receive a deportation order. Similarly, if a foreign national has worked without a Work Permit and without authorization, the foreign national will be issued an exclusion order. Removal orders vary in seriousness and repercussion. However, officers retain a measure of discretion in deciding whether to issue an exclusion order, restrict entry or allow entry for examination. See Operational Manual ENF 6 and ENF 10 for more details.

Removal orders can be stayed either by asking CBSA to defer the removal or by applying for a stay to the Federal Court pending determination of a judicial review or H&C application. Those who are seeking a stay should contact a lawyer for assistance.

== A. Departure Order ==

A departure order requires the individual to leave Canada "voluntarily" within 30 days. The person may be required to sign a "certificate of departure" at the POE (i.e. airport, land border or sea border) when leaving. If a person under a departure order legitimately leaves Canada, they may return to Canada at any time without any specific permission from the Minister, so long as they meet requirements of the ''IRPA''.

:'''NOTE:''' If a person under a departure order does not leave Canada within 30 days of the order coming into effect, the departure order becomes a deportation order. An exact date should be requested from CBSA before administering any time calculation.

== B. Exclusion Order ==

Under an exclusion order, the individual must leave Canada, and cannot re-enter Canada for one year without consent from the Minister in the form of an Authorization to Return to Canada (an "ARC" under s. 52 of the ''IRP'' Regulations). If the ground of inadmissibility is misrepresentation under s 40(2)(a) of the ''IRPA'', the exclusion order will be in effect for five years from the date of departure or removal. After the period of inadmissibility has passed, the person can apply to re-enter Canada so long as they meet the requirements of the ''IRPA''. During any period an order is in effect, the person concerned can apply for an Authorization to Return to Canada – for more information, see "Deportation Order" below.

== C. Deportation Order ==

A deportation order is the most serious type of removal order. A person under a deportation order is generally removed, but in some circumstances, may leave voluntarily. A person removed on a deportation order can never return to Canada unless they obtain authorization from the Minister (See ''IRP Regulations'', s 226(1)); this is also known as an "Authorization to Return to Canada", or "ARC").

If a person who has been removed from Canada by IRCC wishes to return to Canada and is permitted to do so, they must pay a fee.

:'''NOTE:''' If a person, who has been removed from Canada under a deportation order or an exclusion order that is still in effect, returns to Canada without permission from the Minister, that person can be charged with offences under s 124 of the ''IRPA''.

{{LSLAP Manual Navbox|type=chapters15-23}}

Immigration Removal Orders (18:X)

2026-10-09T17:05:22Z

Nate Russell: 2026 update

{{REVIEWED LSLAP | date= 9 July 2026}}
{{LSLAP Manual TOC|expanded = immigration}}

There are three types of removal orders: (i) departure orders, (ii) exclusion orders, and (iii) deportation orders (''IRP Regulations'', Part 13). The ''IRPA'' sets out certain types of removal orders that are associated with certain offences created under ''IRPA''. For example, if a foreign national is determined inadmissible for having committed a serious criminal offence, the foreign national will automatically receive a deportation order. Similarly, if a foreign national has worked without a Work Permit and without authorization, the foreign national will be issued an exclusion order. Removal orders vary in seriousness and repercussion. However, officers retain a measure of discretion in deciding whether to issue an exclusion order, restrict entry or allow entry for examination. See Operational Manual ENF 6 and ENF 10 for more details.

Removal orders can be stayed either by asking CBSA to defer the removal or by applying for a stay to the Federal Court pending determination of a judicial review or H&C application. Those who are seeking a stay should contact a lawyer for assistance.

== A. Departure Order ==

A departure order requires the individual to leave Canada "voluntarily" within 30 days. The person may be required to sign a "certificate of departure" at the POE (i.e. airport, land border or sea border) when leaving. If a person under a departure order legitimately leaves Canada, they may return to Canada at any time without any specific permission from the Minister, so long as they meet requirements of the ''IRPA''.

:'''NOTE:''' If a person under a departure order does not leave Canada within 30 days of the order coming into effect, the departure order becomes a deportation order. An exact date should be requested from CBSA before administering any time calculation.

== B. Exclusion Order ==

Under an exclusion order, the individual must leave Canada, and cannot re-enter Canada for one year without consent from the Minister in the form of an Authorization to Return to Canada (an "ARC" under s. 52 of the ''IRP'' Regulations). If the ground of inadmissibility is misrepresentation under s 40(2)(a) of the ''IRPA'', the exclusion order will be in effect for five years from the date of departure or removal. After the period of inadmissibility has passed, the person can apply to re-enter Canada so long as they meet the requirements of the ''IRPA''. During any period an order is in effect, the person concerned can apply for an Authorization to Return to Canada – for more information, see "Deportation Order" below.

== C. Deportation Order ==

A deportation order is the most serious type of removal order. A person under a deportation order is generally removed, but in some circumstances, may leave voluntarily. A person removed on a deportation order can never return to Canada unless they obtain authorization from the Minister (See ''IRP Regulations'', s 226(1)); this is also known as an "Authorization to Return to Canada", or "ARC").

If a person who has been removed from Canada by IRCC wishes to return to Canada and is permitted to do so, they must pay a fee.

:'''NOTE:''' If a person, who has been removed from Canada under a deportation order or an exclusion order that is still in effect, returns to Canada without permission from the Minister, that person can be charged with offences under s 124 of the ''IRPA''.

{{LSLAP Manual Navbox|type=chapters15-23}}

In-Canada Temporary Residence Matters (18:IX)

2026-10-09T16:55:43Z

Nate Russell: 2026 update

{{REVIEWED LSLAP | date= 9 July 2026}}
{{LSLAP Manual TOC|expanded = immigration}}

Temporary residents in Canada, such as visitors, workers or students, who apply for permanent residency while holding temporary resident statuses in Canada, may encounter various immigration matters, which are covered in this section.

== A. Temporary Resident Extension ==

In general, a temporary resident who enters Canada as a visitor can usually stay in Canada for up to six months, unless the CBSA officer authorizes a different length of stay in Canada. A temporary resident in Canada may apply to extend their stay beyond their initial period of stay granted by the CBSA officer at the POE. The temporary resident extension application must be submitted before the expiry date of the temporary resident's authorized stay in Canada.

To extend a stay in Canada as a visitor, the applicant must apply for a visitor record before their current status expires. A visitor record extends the amount of time that a visitor can stay in Canada and provides the visitor with a new expiry date that they must leave Canada by. Applications to extend the length of stay in Canada are now largely completed online. When applying online, applicants will be required to upload the necessary forms and to answer several questions. In circumstances where applicants cannot submit an online application because of a disability or if there are problems with the online application, applicants may submit a paper application.

Please refer to the [https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/extend-stay.html IRCC website] for information on the process to extend a temporary resident status in Canada.

When the temporary resident submits an extension application before their authorized period of stay expires, then the temporary resident could legally remain in Canada on maintained status until a decision on the temporary resident extension application is made or by the end of the new period authorized for their stay when their application is approved, pursuant to ''IRP Regulations'' s 183(5). Similarly, a foreign national on a valid temporary work permit or study permit who has applied to extend their status in Canada before their Work Permit or Study Permit is expired could also continue to work in Canada or study in Canada on maintained status under the same terms and conditions as their temporary status document in Canada until a decision on their application is made.

Please note if a temporary resident with maintained status leaves Canada before a decision on their extension application is made, when they re-enter Canada, they cannot study or work until a decision is made on their Study Permit or Work Permit extension application.

Those who are on maintained status and wish to leave Canada while their extension application is processing should contact a lawyer for assistance regarding eligibility to re-enter Canada.

For more information on maintained status: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html

== B. Loss and Restoration of Temporary Resident Status ==

Section 47 of the ''IRPA'' outlines when a foreign national's temporary resident status in Canada is expired; namely:

:(i) At the end of the period for which they are authorized to remain in Canada;
:(ii) On a determination by an officer or the Immigration Division that they have failed to comply with any other requirements of ''IRPA''; or
:(iii) On cancellation of their temporary resident permit.

Further, if a temporary resident has lost their status based on ''IRPA'' s 47 or let their authorization to work or study expire, they may apply to restore that status in accordance with ''IRP Regulations'' s 182. The eligibility requirements for restoration of status are as follow; namely, the applicant must:
* apply within 90 days of having lost their status;
* meet the initial requirements for their stay;
* remain in Canada until a decision is made;
* have not failed to comply with any condition imposed automatically by regulation or an officer other than those listed under R 185(a), R 185(b)(i) to (iii), and R 185(c); and
* continue to meet the requirements of the authorization they want to restore.

:'''NOTE:''' As of May 2026, out-of-status study and work permit holders can apply to restore their temporary resident status as a visitor. This means that applicants do not have to leave Canada and re-enter in order to restore their status. For more information, see the IRCC website: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/restoration-status.html

The application to restore a temporary resident status is submitted online and the Case Processing Centre in Edmonton ("CPC-E") ensures that the application contains the required documentation and the fee. An agent at CPC-E reviews the application. If the applicant is eligible for restoration, the officer will proceed with the assessment of the application and issue medical instructions if necessary. If all requirements are met, the visitor record that outlines the conditions of the restoration status is mailed to the applicant. If the applicant is not eligible for the restoration, the officer will refuse the application, and the applicant is notified in writing that they must leave Canada immediately. The officer will determine whether a s 44 report may be warranted due to a possible violation of the ''IRPA'' or ''IRP Regulations''. The officer may refer the application to a Domestic Network (DN) officer near the applicant's place of residence for further assessment and interview. If the application is referred to a DN office, the DN officer may call the applicant in for an interview to gather additional information.

For detailed information about eligibility and restoration fees, please check the [https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/restoration-status.html IRCC website].

== C. In-Canada Study Permit Applications ==

In general, the initial Study Permit application is submitted while the foreign national is outside of Canada (see ''IRP Regulations'' s 213). However, a foreign national may apply for a study permit when entering Canada at the POE if they are a citizen or permanent resident of the United States, a resident of Greenland or a resident of St. Pierre and Miquelon (see ''IRP'' Regulations s. 214). Further, a foreign national may apply for a study permit after entering Canada if they meet the requirements specified in ''IRP Regulations'' s R215. For more information, please see: https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/study-permit/apply.html.

:'''NOTE:''' An application for a study permit renewal does not constitute an application for a temporary resident visa (TRV). Therefore, visa-required foreign nationals must apply separately for a TRV extension and pay the processing fee.

:'''NOTE:''' In-Canada visitors are not eligible to apply for a study permit from within Canada unless they are exempt under ''IRP Regulations'' s R215.

:'''NOTE:''' The Government of Canada has set an intake cap on international student study permit applications. In 2026, IRCC plans on issuing 408,000 permits, a 7% decrease from the 2025 cap.

== D. Working in Canada as an International Student ==

=== 1. Working On Campus During Studies ===

In general, students can work on campus after they have started their study program in Canada. This means that if the student arrived in Canada prior to the commencement of the program, they must wait until they have commenced their studies in Canada before they can work on campus. To work on the student's campus without a work permit, the following conditions must be met:

:(a) The student is a full-time post-secondary student at a public post-secondary school, private college-level school in Quebec that operates under the same rules as public schools, and is at least 50% funded by government grants, or Canadian private school that can legally award degrees under provincial law;
:(b) The student has a valid study permit or maintained status;
:(c) The student has printed conditions on their initial study permit allowing them to work on campus; and
:(d) The student has a Social Insurance Number ("SIN") - this can be obtained at a Service Canada office.

Please note the student must stop working on campus if they fit into one of the following circumstances:

:(a) On the day the student stop studying full-time, unless you are in your final semester;
:(b) When the student's study permit expires;
:(c) When the student is on an authorized leave from studies; or
:(d) When the student is switching schools and is not currently studying.

If the student continues to work, this could lead to a removal order for not complying with the terms of the Study Permit.

IRCC also defines where the student can work on campus and who they can work for. For more information see the [https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/work/work-on-campus.html IRCC website].

===2. Working Off Campus During Studies===

In general, students can work off campus after they have started their study program in Canada. This means that if the students arrive in Canada prior to the commencement of the program, they must wait until they have commenced their studies in Canada before they can work off campus. For the students to work off campus, the following conditions must be met:

:(a) The student is a full-time student at a designated learning institution;
:(b) The student is enrolled in a
::(i) post-secondary academic, vocational or professional training program,
::(ii) or a secondary-level vocational training program (Quebec only);
:(c) The student's study program is at least 6 months long and leads to a degree, diploma or certificate;
:(d) The student has started studying in Canada; and
:(e) The student has a Social Insurance Number (SIN) - this can be obtained at a Service Canada office.

If the student is studying part-time at a designated learning institution, they may also be eligible to work off campus if they are in the last semester of their study program and do not need a full course load to complete their program, and they were a full-time student in their program in Canada, up until their last semester.

If the students are eligible to work in Canada off campus, they are bound by the below conditions:

# The student may work up to 24 hours per week off campus or full-time during regular breaks if they meet the criteria outlined in ''IRP Regulations'' s 186(v); and
# If they meet the eligibility criteria in ''IRP Regulations'' s 186(f), (v) or (w) and they must cease working if they no longer meet the above criteria.

After the student has completed their study, they generally need to stop working. In this scenario, we recommend that you speak to a lawyer. For more information, please refer to the [https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/work/work-off-campus.html#who-can IRCC website].

=== 3. Working during PGWP Application ===

A post-graduation work permit (PGWP) allows students who have graduated from a participating Canadian post-secondary institution to gain valuable Canadian work experience. Students often use this to gain the necessary Canadian work experience to immigrate to Canada as a permanent resident under the Canadian Experience Class.

In general, international students who have completed their program of study are allowed to work pursuant to ''IRP'' Regulations 186(w), while they are waiting for a decision on their PGWP application, provided they meet all of the following:
* they are or were holders of a valid study permit at the time of the PGWP application;
* they were full-time students enrolled at a DLI in a post-secondary academic, vocational or professional training program;
* they were authorized to work off campus without a work permit; and
* they did not exceed the allowable hours of work.

'''NOTE:''' Starting September 1, 2024, international students who begin a study program that is part of a curriculum licensing arrangement (a situation where students attend a private college licensed to deliver the curriculum of an associated public college) will not be eligible for a PGWP upon graduation.

In general, a student is only permitted to apply for one PGWP in their lifetime. There are specific deadlines that students must meet in order to be eligible to apply for a PGWP. Applicants must apply for a PGWP within 180 days of obtaining written confirmation from their DLI indicating that they have met the requirements for completing their program of study, starting from the earlier time of the day their final marks are issued and the day they receive formal written notification of program completion. The onus is on the student to provide proof of the date of completion of the program to IRCC. A PGWP can be applied for while the student is inside Canada or outside Canada.

'''NOTE:''' As of June 21, 2024, international graduates cannot apply for a PGWP at a POE (airport, land, marine border) by "flag-poling".

A PGWP is issued based on the length of the study program (including regularly scheduled breaks) and can last between 8 months and 3 years. When determining the length of a post-graduation work permit, officers may confirm the duration of the program of study in Canada with supporting documents, including letter confirming completion of the program and transcript. For details about length calculation and other frequent issues about its validity, please refer to the [https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/work/after-graduation/about.html IRCC website].

A PGWP can be applied for while the student is inside Canada or outside Canada.

The requirements that must be met for a student to apply for a PGWP while in Canada are as follow:
* their study permit is still valid,
* they have a valid visitor record because they changed their status to visitor before their study permit expired, while waiting for their notice of graduation from their institution or simply to remain in Canada, subject to R 186(w), or
* they are on maintained status (submitted an application to extend or change their status to visitor or student before the expiry date of their study permit and no decision has been made).

If you don't change your status to visitor and your study permit expires, you have up to 90 days after your study permit expires to apply for a PGWP and restore your status as a student.

Once the 90 days pass, the student must leave Canada. They must then submit the PGWP application overseas, or apply to restore the student's status as a student, then submits the PGWP concurrently.

Application packages can be found at the below websites:
*https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/work/after-graduation/apply.html (in Canada), and
*https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/apply-work-permit-outside-canada.html (overseas).

:'''NOTE:''' There are some common types of ineligible applicants, including those who have been previously issued a PGWP: https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/work/after-graduation/eligibility.html

:'''NOTE:''' PGWP holders may leave Canada and return if they satisfy certain requirements: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program/travel.html.

== E. Working in Canada as Foreign Spouses or Partners of Temporary Residents ==

=== 1. Spouses or Partners of Skilled Workers ===

Effective as of January 21, 2025, only spouses of certain international students and foreign workers will be able to apply for an open work permit (OWP). OWPs will only be limited to spouses of foreign workers employed in:
* All TEER 0 and 1 occupations. These jobs are usually in higher level management or require a university degree;
* Select TEER 2 and 3 occupations linked sectors with labor shortages

Additionally the foreign worker must have at least 16 months remaining on their work permit when their spouse applies for an OWP. Dependent children are no longer eligible.

OWPs that were approved under previous measures that have not expired will remain valid.

A list of all the TEER categories can be found here: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/find-national-occupation-code.html

For detailed information on the eligibility requirements and application procedures, please visit the IRCC websites:

Spouses or common law partners of high skilled workers (TEER 0 through 3): C41 work permit: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/public-policy-competitiveness-economy/c41-c46.html

=== 2. Spouses or Partners of Full-Time Students ===

Only spouses or common-law partners of certain foreign students may be allowed to apply for an Open Work Permit (OWP) if the foreign student has a valid work permit and is either:
*Studying in a master's degree program longer than 16 months
*Studying in a doctoral degree program
*Participating in an eligible program
*Studying in a select few professional degree programs at a university

Note: the following link provides a list of eligible programs and professional degrees that meet the criteria: https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/work/help-your-spouse-common-law-partner-work-canada.html#pilot-programs

For more information, please see the IRCC website: https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/work/help-your-spouse-common-law-partner-work-canada.html#pilot-programs

'''NOTE:''' The validity of the Work Permit will coincide with the spouse's Study Permit.

== F. Revocation of Work Permit due to Public Policy Considerations ==

In specific circumstances, an officer may revoke a Work Permit if, in the officer's opinion, public policy considerations specified in instructions by the Minister of Immigration, Refugees and Citizenship justify the revocation, including (not an exhaustive list):
* the associated LMIA has been revoked;
* the employment is having a significantly greater negative effect than benefit with respect to the development of a strong Canadian economy (applies to LMIA-exempt work permit);
* the employer has provided false, misleading or inaccurate information;
* the employer's name has been added to the ineligible employer list under ''IRP'' Regulations s 209.91(3); or
* the Work Permit is issued on the basis of any foreign national on the basis of their relationship with another foreign national and the principal foreign worker's Work Permit is now revoked (applies to LMIA-exempt Work Permit).

For details, please refer to the [https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/revocation-work-permit-public-policy-considerations.html IRCC website].

:'''NOTE:''' Revocation of a foreign national's Work Permit does not make the foreign national inadmissible to Canada.

:'''NOTE:''' All in-Canada visitor record, study permit and work permit applications must be submitted electronically, subject to a limited number of exemptions: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/place-application-visa-electronic-travel-authorization-study-permit-work-permit/exempt-electronic-applications.html.

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Loss of Permanent Resident Status (18:VIII)

2026-10-09T16:55:17Z

Nate Russell: 2026 update

{{REVIEWED LSLAP | date= 9 July 2026}}
{{LSLAP Manual TOC|expanded = immigration}}

It is possible for a permanent resident to lose their permanent resident status and to be removed from Canada in certain circumstances. A permanent resident may also voluntarily relinquish their status as a permanent resident.

== A. Residency Requirement ==

A permanent resident must meet the residency requirements as outlined in the ''IRPA''. '''Generally, a permanent resident must be physically present in Canada for 730 days out of every five years.''' If a person has been a permanent resident for less than five years, they must demonstrate at examination, that they will be able to meet the residency obligation in respect of the five-year period immediately after they became a permanent resident. The residency requirements can be met in a few different ways. See s 28 of the ''IRPA'' for full details.

:'''NOTE:''' The onus is on the permanent resident to demonstrate with supporting documentation as considered necessary by an officer that they were physically present in Canada for the required number of days or have otherwise met (or will be able to meet) the residency obligation as prescribed in ''IRPA''. The permanent resident also bears the onus of presenting documentation that is credible, in the opinion of an officer, to support any assertion(s) made by the permanent resident, or that may have been made on behalf of that permanent resident.

== B. Inadmissibility ==

A foreign national or permanent resident can be determined "inadmissible" to Canada for several reasons, including, but not limited to:

* Committing a serious crime;
* Being found to have misrepresented information in their immigration application;
* Medical reasons that endanger and/or burden public health and safety;
* Being unable or unwilling to support themselves and their family members.

Inadmissibility means that a foreign national or permanent resident has contravened the IRPA in some way and may be issued a removal order.

There are three types of removal orders, which are discussed in [[Immigration_Removal_Orders_(18:X)|Section X of this chapter]].

If a permanent resident is deemed inadmissible, they may lose their permanent resident status. The inadmissibility provisions relating to foreign nationals and permanent residents overlap for the most part, but there are some differences. For example, permanent residents will be inadmissible for serious criminality if they commit an indictable offence, while foreign nationals will be inadmissible for committing a less serious summary offence. Refer to the IRPA directly for specific grounds of inadmissibility (ss 34 – 43).

:'''NOTE:''' Convention refugees are not inadmissible on the same health and criminality grounds as most other kinds of applicants, but they may be excluded from refugee protection in cases of serious criminality or crimes against humanity.

:'''NOTE:''' '''A permanent resident sentenced to 6 months or more of incarceration''' (including time in custody awaiting trial) is inadmissible to Canada and '''does not have an appeal to the IAD''' of their removal. This means that permanent residents who are arrested and charged with crimes, even relatively minor ones, must ensure their criminal counsel are aware of this consequence from the beginning of the criminal process. A conditional sentence does not equal imprisonment for the purposes of this provision and sentencing must be considered at the time of conviction (see ''[https://canlii.ca/t/h6pmh Tran v Canada (Public Safety and Emergency Preparedness)]'', 2017 SCC 50). Users of this manual should check for developments in this area of the law as it is undergoing continued legal development. See also [[Immigration_Issues_at_Sentencing_(18:XIII)|Section XIII: Immigration Issues at Sentencing]].

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