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Nate Russell — Wed, 14 Oct 2026 01:24:56 GMT

← Older revision		Revision as of 01:24, 14 October 2026
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	<h2 class="div-box-h2-HP">Supreme Court family chambers changes ~~coming~~ October 1, 2026</h2>		<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 ~~will~~ 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.		[[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)

Nate Russell — Sun, 11 Oct 2026 20:02:30 GMT

2. Civil Resolution Tribunal

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

Nate Russell — Sun, 11 Oct 2026 19:52:46 GMT

2026 update

← Older revision		Revision as of 19:52, 11 October 2026
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	{{REVIEWED LSLAP \| date= 11 July ~~2025~~}}		{{REVIEWED LSLAP \| date= 16 July 2026}}
	{{LSLAP Manual TOC\|expanded = smallclaims}}		{{LSLAP Manual TOC\|expanded = smallclaims}}

	== A. Trial Conference ==		== 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 ~~Conferences~~]] 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:		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.		* the focus will be on trial preparation rather than on settlement.
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	* the judge may give a non-binding opinion regarding the probable outcome of the trial (''SCR'', Rule 7.5(14)(j)).		* 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).		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 ==		== B. Pre-Trial Conference ==

Small Claims Settlement Conferences (20:XI)

Nate Russell — Sun, 11 Oct 2026 19:44:44 GMT

2026 update

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	{{REVIEWED LSLAP \| date= 11 July ~~2025~~}}		{{REVIEWED LSLAP \| date= 16 July 2026}}
	{{LSLAP Manual TOC\|expanded = smallclaims}}		{{LSLAP Manual TOC\|expanded = smallclaims}}

	Settlement conferences are held in all court registries and are mandatory ~~for all cases~~ 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.		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 ==		== A. Who Must/Can Attend ==
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	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)).		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 a 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)).		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.		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).		''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 ==		== B. What to Bring ==
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	'''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:		'''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		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.		'''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.
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	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).		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).		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.		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.
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	== D. Disclosure ==		== 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 ~~the~~ 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.		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.		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.
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	== E. Enforcing a Settlement Agreement ==		== E. Enforcing a Settlement Agreement ==

	If an agreement is reached at a settlement conference includes payment, and if a party does not comply, the agreement can be ~~canceled~~ (''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.		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}}		{{LSLAP Manual Navbox\|type=chapters15-23}}

Small Claims Mediation (20:X)

Nate Russell — Sun, 11 Oct 2026 19:18:00 GMT

2026 update

← Older revision		Revision as of 19:18, 11 October 2026
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	{{REVIEWED LSLAP \| date= 11 July ~~2025~~}}		{{REVIEWED LSLAP \| date= 16 July 2026}}
	{{LSLAP Manual TOC\|expanded = smallclaims}}		{{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 ~~meditate~~ on their own. See [[Choosing_the_Proper_Forum_for_Small_Claims_(20:IV)\|Section IV.D.: Alternative Dispute Resolution]].		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 ~~and~~ $35,000 – Rule 7.3 ==		== 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]].		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)).		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)).		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 ==		== B. Preparing for Mediation ==
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	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.		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 ~~fulfill~~ 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.		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}}		{{LSLAP Manual Navbox\|type=chapters15-23}}

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

Nate Russell — Sun, 11 Oct 2026 18:58:24 GMT

2026 update

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How Small Claims Proceed (20:VIII)

Nate Russell — Sun, 11 Oct 2026 18:55:14 GMT

2026 update

Small Claims Default Order (20:VII)

Nate Russell — Sun, 11 Oct 2026 18:52:53 GMT

2026 update

Responding to a Small Claim (20:VI)

Nate Russell — Fri, 09 Oct 2026 21:05:08 GMT

2026 update

← Older revision		Revision as of 21:05, 9 October 2026
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	{{REVIEWED LSLAP \| date= 11 July ~~2025~~}}		{{REVIEWED LSLAP \| date= 16 July 2026}}
	{{LSLAP Manual TOC\|expanded = smallclaims}}		{{LSLAP Manual TOC\|expanded = smallclaims}}
	If a party is responding to a claim over $5,000, proceed to '''Section VI.B.: Possible Strategies'''.		If a party is responding to a claim over $5,000, proceed to '''Section VI.B.: Possible Strategies'''.
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	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.		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, a respondent can request a “counterclaim” by:		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;		* indicating in a completed Dispute Response Form that the respondent will add at least one claim in the dispute;
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	* providing the Additional Claim Form to the tribunal; and		* 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.		* 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 ===		=== 7. Third Party ===
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	==== e) Illegality ====		==== 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.		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 ====		==== f) Self Defence ====

Starting a Small Claim (20:V)

Nate Russell — Fri, 09 Oct 2026 21:02:32 GMT

2026 update

Show changes

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

Nate Russell — Fri, 09 Oct 2026 20:57:51 GMT

2026 update

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

Nate Russell — Fri, 09 Oct 2026 20:54:58 GMT

2026 update

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

Nate Russell — Fri, 09 Oct 2026 20:53:45 GMT

2026 update

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Introduction to Small Claims (20:I)

Nate Russell — Fri, 09 Oct 2026 20:53:22 GMT

← Older revision		Revision as of 20:53, 9 October 2026
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	{{REVIEWED LSLAP \| date= 11 July ~~2025~~}}		{{REVIEWED LSLAP \| date= 16 July 2026}}
	{{LSLAP Manual TOC\|expanded = smallclaims}}		{{LSLAP Manual TOC\|expanded = smallclaims}}

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	[[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>]]		[[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>]]

	~~Directions for in-person proceedings~~ and ~~filings~~ for ~~small claims court (i.e., claims above $5,000) were significantly affected by the ongoing COVID-19 pandemic; however, many of~~ the ~~restrictions have since been removed. Consult the Provincial~~ Court ~~of BC website for up-to-date COVID-19 related notices, directions, and information. As of the time of writing,~~ the following ~~protocols apply to appearances~~:		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 ~~Attendence~~ for Court Appearances Under the Small Claims Rules."		* 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 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.
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	* For small claims settlement conferences and trial conferences, the default method of appearance is Microsoft Teams unless otherwise stated.		* 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/~~. The CRT is fully functional and remained so throughout the pandemic~~.		For the latest updates, we recommend you contact the court registry or visit: https://www.provincialcourt.bc.ca/.


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

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

Nate Russell — Fri, 09 Oct 2026 19:45:58 GMT

2026 update

← Older revision		Revision as of 19:45, 9 October 2026
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	{{REVIEWED LSLAP \| date= ~~25 June 2025~~}}		{{REVIEWED LSLAP \| date= 22 July 2026}}
	{{LSLAP Manual TOC\|expanded = landlord}}		{{LSLAP Manual TOC\|expanded = landlord}}

	== A. The Residential Tenancy Branch ==		== 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 [http://www.gov.bc.ca/landlordtenant ~~Residential Tenancy Branch (RTB~~) ~~website]~~ to get the most up to date information, including current forms, fees, and Policy Guidelines.		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 ===		=== 1. Main Office ===
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	Office Hours: M – F 9:00 AM – 4:00 PM		Office Hours: M – F 9:00 AM – 4:00 PM

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

	=== 2. Information Line ===		=== 2. Information Line ===
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	Fax: 604-660-2363		Fax: 604-660-2363

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

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

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

	=== 4. RTB Calculators ===		=== 4. RTB Calculators ===
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	Help in calculating rent increases, dates, deposits and more.		Help in calculating rent increases, dates, deposits and more.

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

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

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

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

	=== 2. BC Housing ===		=== 2. BC Housing ===
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	Toll-free: 1-800-257-7756		Toll-free: 1-800-257-7756

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

	=== 3. LandlordBC ===		=== 3. LandlordBC ===

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

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

	==== a) Vancouver Office ====		==== a) Vancouver Office ====
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	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.		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 [https://www.bchousing.org/housing-assistance/rental-assistance/SAFER ~~SAFER’s webpage]~~, or by contacting B.C. housing.		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) ===		=== 5. BC Housing Corporation’s Family Rental Assistance Program (RAP) ===
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	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.		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 ~~here]~~ or contact BC Housing.		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 ===		=== C. Books ===

Tenancy and Manufactured Homes (19:XVI)

Nate Russell — Fri, 09 Oct 2026 19:40:40 GMT

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Assisted and Supported Living Tenancies (19:XV)

Nate Russell — Fri, 09 Oct 2026 19:31:52 GMT

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-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. This may exclude some Assisted Living facilities. Supportive Housing is 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''.
+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.
-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.
+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.
 {{LSLAP Manual Navbox|type=chapters15-23}}

Residential Tenancies in Strata Lots (Condominiums) (19:XIV)

Nate Russell — Fri, 09 Oct 2026 19:22:35 GMT

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	The ''Strata Property Act'' (''SPA'') and the ''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]].		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 ~~section~~ 47 of the ''RTA'', defending any application disputing that notice, and seeking an order and writ of possession about that notice.		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:		If a tenant disputes the Notice to End Tenancy, the director will determine whether:

Tenancies and the Common Law (19:XIII)

Nate Russell — Fri, 09 Oct 2026 19:20:29 GMT

2026 update

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	== D. Duty to Mitigate ==		== 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 PG 5.		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}}		{{LSLAP Manual Navbox\|type=chapters15-23}}

Dispute Resolution in Residential Tenancies (19:XII)

Nate Russell — Fri, 09 Oct 2026 19:13:02 GMT

Show changes

End of Tenancy (Termination and Eviction) (19:XI)

Nate Russell — Fri, 09 Oct 2026 19:08:34 GMT

Show changes

Subletting and Assignment in Residential Tenancies (19:X)

Nate Russell — Fri, 09 Oct 2026 18:55:29 GMT

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Rights of Entry, Quiet Enjoyment, and Privacy (19:IX)

Nate Russell — Fri, 09 Oct 2026 18:54:50 GMT

2026 update

Rent Increase in Residential Tenancies (19:VIII)

Nate Russell — Fri, 09 Oct 2026 18:53:19 GMT

2026 update

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	=== 1. Annual Rent Increase ===		=== 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 3% for ~~2025~~. The maximum allowable increase changes each year on January 1 and is usually posted in the preceding September on [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/rent-rtb/rent-increases ~~this webpage~~].		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)).		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)).

Repair and Service of Tenant’s Residence (19:VII)

Nate Russell — Fri, 09 Oct 2026 18:52:37 GMT

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Security Deposits in Residential Tenancies (19:VI)

Nate Russell — Fri, 09 Oct 2026 18:51:26 GMT

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	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%.		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 ~~deposit interest calculator~~ [https://www.housing.gov.bc.ca/rtb/WebTools/InterestOnDepositCalculator.html ~~here~~].		There is an online [https://www.housing.gov.bc.ca/rtb/WebTools/InterestOnDepositCalculator.html deposit interest calculator].

	=== 2. Change of Landlord ===		=== 2. Change of Landlord ===

Moving In and Moving Out in Residential Tenancies (19:V)

Nate Russell — Fri, 09 Oct 2026 18:50:39 GMT

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	==== a) Moving In ====		==== 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)).		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)).		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)).
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	==== b) Keeping a Pet ====		==== 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)).		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)).		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)).

Tenancy Agreements (19:IV)

Nate Russell — Fri, 09 Oct 2026 18:48:11 GMT

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	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” 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.		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 ===		=== 1. Two Methods of Creating a Tenancy Relationship ===
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	The contents of oral contracts are hard to prove. If something is important, it should be recorded in writing.		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)).		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 ===		=== 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.		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.

	~~==== a) What Tenancy Agreements Must Contain ====~~

	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.		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.
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	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].		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].

	==== b) No Contracting Out of Tenancy Legislation ====		==== 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''.		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''.
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	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.		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.

	==== c) Amendments ====		==== 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).		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).

	==== d) Pets ====		==== 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.		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.

	==== e) Cannabis ====		==== 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.		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.

The Residential Tenancy Act and Related Statutes (19:III)

Nate Russell — Fri, 09 Oct 2026 18:43:01 GMT

2026 update

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	{{LSLAP Manual TOC\|expanded = landlord}}		{{LSLAP Manual TOC\|expanded = landlord}}

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	=== 2. Excluded Premises and Agreements ===		=== 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 ~~page of the Government of BC~~ website].		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''.		The following discusses some of the housing arrangements that are not covered by the ''RTA''.
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	==== c) Roommates Without Tenancy Agreement With the Landlord ====		==== 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~~: Assignment and Sublet~~.		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.		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.

Governing Legislation in Landlord and Tenant Law (19:II)

Nate Russell — Fri, 09 Oct 2026 18:42:43 GMT

A. Tenancy Law

← Older revision		Revision as of 18:42, 9 October 2026
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	=== 1. Statutes ===		=== 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/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'']		''[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 ===		=== 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/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'']		''[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 ===		=== 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]. 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/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 ~~on the Government of BC's website~~ here].		[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~~ ==		== 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/96430_01 Small Claims Act]'', RSBC 1996, c 430 [''SCA'']

Introduction to Landlord and Tenant Law (19:I)

Nate Russell — Fri, 09 Oct 2026 18:39:36 GMT

2026 update

← Older revision		Revision as of 18:39, 9 October 2026
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Important Addresses and Phone Numbers in Immigration Law (18:XIV)

Nate Russell — Fri, 09 Oct 2026 17:30:32 GMT

2026 update

← Older revision		Revision as of 17:30, 9 October 2026
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	{{LSLAP Manual TOC\|expanded = immigration}}		{{LSLAP Manual TOC\|expanded = immigration}}

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	{{ResourcesLSLAP		{{ResourcesLSLAP
	\| address = 1148 Hornby Street <br /> Vancouver, B.C. V6Z 2C3		\| address = 1148 Hornby Street <br /> Vancouver, B.C. V6Z 2C3
	\| online = [http://www.cic.gc.ca Website]		\| online = [http://www.cic.gc.ca Website]
	}}		}}
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	\| address = Library Square, 1600 - 300 West Georgia Street <br /> Vancouver, B.C. V6B 6C9		\| address = Library Square, 1600 - 300 West Georgia Street <br /> Vancouver, B.C. V6B 6C9
	\| phone = (866) 787-7472		\| phone = (866) 787-7472
	\| online = [~~http~~://irb~~-cisr~~.gc.ca Website]		\| online = [https://irb.gc.ca Website]
	}}		}}

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	{{ResourcesLSLAP_addressphone		{{ResourcesLSLAP_addressphone
	\| address = 700 - 300 W. Georgia Street <br /> Vancouver, B.C. V6B 6C9		\| address = Library Square, 700 - 300 West Georgia Street <br /> Vancouver, B.C. V6B 6C9
	\| phone = (204) 983-3500		\| phone = (204) 983-3500
	}}		}}

	=== Vancouver Association for Survivors of Torture (VAST) ===		=== 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. ~~<br />~~		Provides medical and/or psychological assistance to refugee claimants who were victims of torture, as well as services to family members of survivors.
	{{ResourcesLSLAP		{{ResourcesLSLAP
	\| address = 2610 Victoria Drive <br /> Vancouver, B.C. V5N 4L2		\| address = 2610 Victoria Drive <br /> Vancouver, B.C. V5N 4L2
	\| phone = (778) 372-6593		\| phone = (778) 372-6593
	\| online = [~~http~~://vastbc.ca/ Website] <br /> Email: referrals@vast-vancouver.ca		\| online = [https://www.vastbc.ca/ Website] <br /> Email: referrals@vast-vancouver.ca
	}}		}}

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	{{ResourcesLSLAP		{{ResourcesLSLAP
	\| address = 5575 Boundary Rd <br /> Vancouver, ~~B.C.~~ V5R 2P9		\| address = 5575 Boundary Rd <br /> Vancouver, BC V5R 2P9
	\| phone = (604) 254-9626 <br /> Fax: (604) 254-3932		\| phone = (604) 254-9626 <br /> Fax: (604) 254-3932
	\| online = [http://www.mosaicbc.org/ Website] <br /> Email: info@mosaicbc.org		\| online = [http://www.mosaicbc.org/ Website] <br /> Email: info@mosaicbc.org
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	=== Immigrant Services Society of B.C. ===		=== 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~~. <br /> (This Society can no longer assist people whose claim has not been granted)~~.		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		{{ResourcesLSLAP
	\| address = 2610 Victoria Drive <br /> Vancouver, ~~B.C.~~ V5N 4L2		\| address = 2610 Victoria Drive <br /> Vancouver, BC V5N 4L2 Canada
	\| phone = (604) 684-2561 <br /> Fax: (604) 684-2266		\| phone = (604) 684-2561 <br /> Fax: (604) 684-2266
	\| online = [http://www.issbc.org/ Website] <br /> Email: info@issbc.org		\| online = [http://www.issbc.org/ Website] <br /> Email: info@issbc.org
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	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.		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		{{ResourcesLSLAP
	\| address = Head office: 28 West Pender Street <br /> Vancouver, B.C. V6B 1R6		\| address = Head office: 28 West Pender Street <br /> Vancouver, B.C. V6B 1R6
	\| phone = (604) 684-1628		\| phone = (604) 684-1628
	\| online = [~~http~~://~~www.~~successbc.ca Website] <br /> Email: info@success.bc.ca		\| online = [https://successbc.ca/ Website] <br /> Email: info@success.bc.ca
	}}		}}

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	{{ResourcesLSLAP		{{ResourcesLSLAP
	\| address = 2610 Victoria Drive #103 <br /> Vancouver, ~~B.C.~~ V5N 4L2		\| address = 2610 Victoria Drive #103 <br /> Vancouver, BC V5N 4L2
	\| phone = (778) 372-6583		\| phone = (778) 372-6583
	\| online = [~~http~~://www.irlc.ca/ Website] <br /> Email: info@irlc.~~org~~		\| online = [https://www.irlc.ca/ Website] <br /> Email: info@irlc.ca
	}}		}}

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	{{ResourcesLSLAP		{{ResourcesLSLAP
	\| address = Suite 425 (Intake); Suite 400 (Administration) <br /> 510 Burrard Street <br /> Vancouver, B.C. V6C 3A8		\| 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		\| phone = (604) 601-6206 (Intake) <br /> Fax: (604) 601-6000
	\| online = [~~http~~://legalaid.bc.ca/ Website]		\| online = [https://legalaid.bc.ca/ Website]
	}}		}}

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	{{ResourcesLSLAP		{{ResourcesLSLAP
	\| address = Suite 450 - 605 Robson Street <br /> Vancouver, B.C. V6B 5J3		\| address = Suite 450 - 605 Robson Street <br /> Vancouver, B.C. V6B 5J3
	\| phone = (604) 775-2227 <br /> Fax: (604) 660-4092		\| 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		\| online = [https://www.welcomebc.ca/Immigrate-to-B-C Website] <br /> Email: pnpinfo@gov.bc.ca
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	=== Lawyer Referral Service ===		=== Lawyer Referral Service ===
	The Lawyer Referral Service provides ~~referral~~ to ~~a lawyer~~ who will provide up to 30 minutes of free legal consultation. When requesting ~~for~~ a referral, please request ~~for~~ a lawyer who ~~specialize~~ in immigration ~~or citizenship law because citizenship law is an area of~~ law ~~that changes frequently~~.		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		{{ResourcesLSLAP
	\| address = Head office: 300 – 845 Cambie Street <br /> Vancouver, B.C. V6B 4Z9		\| address = Head office: 300 - 845 Cambie Street <br /> Vancouver, B.C. V6B 4Z9
	\| phone = (604) 687-3221		\| phone = (604) 687-3221
	\| online = [http://www.accessprobono.ca/node/385 Website] <br /> E-mail: Appointments@accessprobono.ca		\| online = [http://www.accessprobono.ca/node/385 Website] <br /> E-mail: Appointments@accessprobono.ca
	}}		}}

	~~:'''NOTE:'''~~ These organizations may have closed / their mandates may be significantly altered due to changes in funding.		*These organizations may have closed / their mandates may be significantly altered due to changes in funding.


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

Immigration Issues at Sentencing (18:XIII)

Nate Russell — Fri, 09 Oct 2026 17:29:56 GMT

2026 update

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	{{LSLAP Manual TOC\|expanded = immigration}}		{{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.		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		* 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.		:'''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.

Immigration Offences (18:XII)

Nate Russell — Fri, 09 Oct 2026 17:28:46 GMT

2026 update

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	{{LSLAP Manual TOC\|expanded = immigration}}		{{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:		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;		: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;		: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;		: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;		: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;		: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;		: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		:g) Remaining in Canada after ceasing to be a visitor, and
	:(h) ~~working~~ illegally or employing a person who is not authorized to work.		: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.		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.

Immigration Appeals (18:XI)

Nate Russell — Fri, 09 Oct 2026 17:27:57 GMT

Immigration Removal Orders (18:X)

Nate Russell — Fri, 09 Oct 2026 17:11:45 GMT

2026 update

← Older revision		Revision as of 17:11, 9 October 2026
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	{{LSLAP Manual TOC\|expanded = immigration}}		{{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.		There are three types of removal orders:
			# Departure orders
			# Exclusion orders
			# Deportation orders

	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.		[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 ==

	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''.		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.		:'''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 ==		== 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.		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 ==		== 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”~~).		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.		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''.		:'''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}}		{{LSLAP Manual Navbox\|type=chapters15-23}}

In-Canada Temporary Residence Matters (18:IX)

Nate Russell — Fri, 09 Oct 2026 16:55:43 GMT

2026 update

Show changes

Loss of Permanent Resident Status (18:VIII)

Nate Russell — Fri, 09 Oct 2026 16:55:17 GMT

2026 update

← Older revision		Revision as of 18:55, 11 October 2026
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	{{REVIEWED LSLAP \| date= 11 July ~~2025~~}}		{{REVIEWED LSLAP \| date= 16 July 2026}}
	{{LSLAP Manual TOC\|expanded = smallclaims}}		{{LSLAP Manual TOC\|expanded = smallclaims}}

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

	=== 1. Claims of $5,001-$10,000 ===		=== 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.		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.
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	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)).		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 ~~http~~://~~www.~~smallclaimsbc.ca/trial~~/simplified~~-~~trial~~.		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 ===		=== 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''.		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 ===		=== 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.		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 ==		== B. Surrey, North Vancouver, Victoria, or Nanaimo ==
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	=== 2. Claims Exceeding $10,000 ===		=== 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''.		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 ==		== C. Other Registries ==
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	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.		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 is 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)).		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.		The final step is a trial pursuant to Rule 10.
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	== D. Civil Resolution Tribunal ($5,000 or less) ==		== D. Civil Resolution Tribunal ($5,000 or less) ==

	The ~~Civil Resolution Tribunal~~ 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 ~~the~~ resolution by agreement of the parties first, and by the tribunal’s binding decisions if no agreement is reached.		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 a 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.		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''.		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''.

← Older revision		Revision as of 18:52, 11 October 2026
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	== A. Civil Resolution Tribunal ==		== 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 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,		:(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,
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	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 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 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 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-~~in-force~~-February-20-~~2024~~.pdf Civil Resolution Tribunal Rules]'', Rule 10.2).		* 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]]).		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 ==		== B. Small Claims Court ==
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	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.		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.		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 ===		=== 1. Requesting a Default Order ===
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	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.		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 ~~canceled~~, 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 ~~traveling~~ expenses, and lost wages that were incurred only as a result of the cancellation.		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.


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	{{REVIEWED LSLAP \| date= ~~25 June 2025~~}}		{{REVIEWED LSLAP \| date= 22 July 2026}}
	{{LSLAP Manual TOC\|expanded = landlord}}		{{LSLAP Manual TOC\|expanded = landlord}}

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	*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 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 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)); or		*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)).		*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 ==		== B. Tenant’s Right to Quiet Enjoyment ==
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	== C. Duty to Provide Access ==		== 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.		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.		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.

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	{{REVIEWED LSLAP \| date= ~~14 August 2025~~}}		{{REVIEWED LSLAP \| date= 9 July 2026}}
	{{LSLAP Manual TOC\|expanded = immigration}}		{{LSLAP Manual TOC\|expanded = immigration}}

	The Immigration Appeal Division (IAD) may allow an appeal and set aside an original decision:		The Immigration Appeal Division ("IAD") may allow an appeal and set aside an original decision:
	~~# based~~ on the grounds of an error in law or fact;		:i. Based on the grounds of an error in law or fact,
	~~# if~~ there are sufficient humanitarian grounds (in some cases); or		:ii. If there are sufficient humanitarian grounds (in some cases), or
	~~# if~~ a breach of a principle of natural justice has occurred. Principles of equity are generally of greater concern in appeals concerning removal orders.		: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		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:
	~~# allow~~ an appeal,		:i. Allow an appeal,
	~~# dismiss~~ an appeal, or		:ii. Dismiss an appeal, or
	~~# stay~~ the removal and impose terms and conditions (''IRPA'' s 68).		:iii. Stay the removal and impose terms and conditions (''IRPA'' s 68).

	== A. Sponsorship Appeals ==		== 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.		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 ~~Alternative Dispute~~ Resolution (~~ADR~~) process~~, also called Early Resolution~~. The appellant can always request ~~ADR~~. The ~~ADR~~ 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 ~~a dispute resolution officer~~ (~~DRO~~) for each appeal that is selected for the ~~ADR~~ 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 ~~ADR~~ will have a final result without the parties having to attend a full oral hearing, so ~~clients~~ may wish to request ~~ADR~~ 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.		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, cannot be appealed to the IAD.'''		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 ==		== 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.		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://~~www.~~canlii.~~org/en/~~ca/~~scc~~/~~doc/2017/2017scc50/2017scc50.html?autocompleteStr=Tran%20v%20Canada%20(Public%20Safety%20and%20Emergency%20Preparedness)%2C%202017%20SCC%2050&autocompletePos=1~~ Tran v Canada (Public Safety and Emergency Preparedness)]'', 2017 SCC 50.		:'''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:		Removal orders may '''not''' be appealed if the permanent resident has been found inadmissible because of:
	~~# serious~~ criminality with a sentence of 6 months or more;		:a) Serious criminality with a sentence of 6 months or more,
	# A foreign conviction (or committing an act outside Canada) carrying a maximum sentence of 10 years or more in Canada;		:b) A foreign conviction (or committing an act outside Canada) carrying a maximum sentence of 10 years or more in Canada,
	~~# organized~~ criminality;		:c) Organized criminality,
	~~# security~~ grounds; or		:d) Security grounds, or
	~~# violations~~ of human or international rights.		:e) Violations of human or international rights.

	Appeals must be filed within '''75 days''' of the removal order being issued.		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~~		'''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]].		:'''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 ==		== C. Residency Obligation Appeals ==

	Permanent residents outside of Canada who are determined by a IRCC officer not to have fulfilled their residency obligation have a right of appeal before the IAD.		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.		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.
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	== D. Federal Court (Leave and Judicial Review) ==		== 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 V: Public Complaints]] for a more thorough treatment of 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)).		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)).


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	{{REVIEWED LSLAP \| date= ~~14 August 2025~~}}		{{REVIEWED LSLAP \| date= 9 July 2026}}
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	It is possible for a permanent resident to lose their permanent resident status and to ~~even~~ be removed from Canada in certain circumstances. A permanent resident may also voluntarily relinquish their status as a permanent resident.		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. Residency Requirement ==
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	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.		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.		:'''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 ==		== B. Inadmissibility ==

	A foreign national or permanent resident can be determined ~~“inadmissible”~~ to Canada for several reasons, including, but not limited to:		A foreign national or permanent resident can be determined "inadmissible" to Canada for several reasons, including, but not limited to:

	* Committing a serious crime;		* Committing a serious crime;
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	* Being unable or unwilling to support themselves and their family members.		* 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.		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]].		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).		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:''' 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://~~www.~~canlii.~~org/en/~~ca/~~scc/doc/2017/2017scc50~~/~~2017scc50.html?autocompleteStr=Tran%20v%20Canada%20(Public%20Safety%20and%20Emergency%20Preparedness)%2C%202017%20SCC%2050&autocompletePos=1~~ 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]].		:'''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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