Difference between revisions of "Dispute Resolution in Residential Tenancies (19:X)"

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{{REVIEWED LSLAP | date= August 2, 2023}}
{{LSLAP Manual TOC|expanded = landlord}}
{{LSLAP Manual TOC|expanded = landlord}}


== A. General ==
==''' A. General '''==


The formal dispute resolution process may be avoided if an Information Officer is willing to phone one of the parties in order to explain the  law, resulting in the dispute being resolved without the parties having to go through the dispute resolution process. For example, an Information Officer might call a landlord and tell him or her that landlords are required by law to provide rent receipts if the tenant pays rent in cash. The Information Officer will not take on the role of an Arbitrator and will only explain the Legislation.  
The formal dispute resolution process may be avoided in cases where the application of the law is clear. For example, an Information Officer might call a landlord and tell them that landlords are required by law to provide rent receipts if the tenant pays rent in cash. The Information Officer will not take on the role of an Arbitrator and will only explain the Legislation.  


Dispute resolution is the formal method of resolving disputes between landlords and tenants. Any party going to dispute resolution may be represented by an agent (e.g. a law student), barrister, or solicitor, and should advise the RTB of this before the hearing. The Arbitrator may exclude an agent if proper notification was not provided. To understand the procedure, advocates should read the dispute resolution Rules of Procedure that are available on the Residential Tenancy Branch web site.  
Dispute resolution is the formal method of resolving disputes between landlords and tenants. Any party going to dispute resolution may be represented by an agent, advocate, or lawyer. The Arbitrator may require a representative to provide proof of their appointment to represent a party and may adjourn a dispute resolution hearing for this purpose. To understand the procedure, advocates should read the dispute resolution [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rop.pdf Rules of Procedure] that are available on the Residential Tenancy Branch website. These Rules of Procedure are revised occasionally, be sure that you are relying on the most up to date version.


=== 1. Disputes Covered by Dispute Resolution ===
===''' 1. Disputes Covered by Dispute Resolution '''===


Virtually all claims that may arise between tenants and landlords are eligible for dispute resolution (see RTA, s 58). A court does not have and must not exercise any jurisdiction in respect of a matter that must be submitted to dispute resolution under the RTA. The exceptions are as follows:  
Virtually all claims that may arise between tenants and landlords are eligible for dispute resolution (see RTA, s 58). A court does not have and must not exercise any jurisdiction in respect of a matter that must be submitted to dispute resolution under the RTA. The exceptions are as follows:
*the application was not filed within the application period specified under the RTA;
*the dispute is linked substantially to a matter that is before the Supreme Court; or
*the monetary claim exceeds the monetary limit prescribed in the ''Small Claims Act'', RSBC 1996, c. 430, s 3. (Currently the monetary limit is $25,000.)


=== 2. Arbitrator ===
* The dispute is linked substantially to a matter that is before the Supreme Court; or
* The monetary claim exceeds the monetary limit prescribed in the ''Small Claims Act'', RSBC 1996, c. 430, s 3. (Currently the monetary limit is $35,000.)
* As well, the RTB is specifically excluded, pursuant to section 5.1 of the ''RTA'', from considering the following:
** Questions of constitutional law, and
** Issues arising out of the BC ''Human Rights Code''


Arbitrators are like judges and base their decisions on evidence and arguments presented by the parties at the dispute resolution hearing. The Arbitrator is not bound by other Arbitrator’s decisions but is bound by legal precedent established by the court. The Arbitrator makes the decision based on the merits of the case. An Arbitrator has authority to arbitrate disputes referred by the director to the Arbitrator, and any matters related to disputes that arise under the RTA or a tenancy agreement. Arbitrators may assist the parties, or offer the parties an opportunity to settle their dispute. They can record agreements reached by the parties, sign off on the agreement, and record the settlement order. Except as otherwise provided by the RTA, a decision of the director is final and binding (s 77(3)).  
:'''NOTE:''' Some issues that may apparently be under the exclusive jurisdiction of the ''RTA'' may still be grounded in a different source of law. In such cases, a tenant may be able to elect to proceed with their claim either as an RTB dispute or as a different kind of civil claim that falls under the inherent jurisdiction of another court. For example, if a tenant’s claim can be successfully characterized as a claim of negligence, they may be permitted to proceed with an action in Supreme Court. See ''Janus v The Central Park Citizen Society'', 2019 BCCA 173 at paras 23-29.


== B. Dispute Resolution Procedure ==
===''' 2. Arbitrators '''===


=== 1. Applying for Dispute Resolution ===
Arbitrators are like judges and base their decisions on evidence and arguments presented by the parties at the dispute resolution hearing. Arbitrators are only bound by legal precedents established by the court, not past decisions. An Arbitrator has the authority to make any findings of fact or law necessary to resolve disputes that arise under the ''RTA'' or a tenancy agreement. Arbitrators may assist the parties or offer the parties an opportunity to settle their dispute during a hearing. They can record agreements reached by the parties, sign off on the agreement, and record the settlement as an order. Except as otherwise provided by the ''RTA'', a decision of the director is final and binding (s 77(3)).


A landlord or tenant who wants a government-appointed Arbitrator to settle a dispute must complete an Application for Dispute Resolution form. The form is available at an RTB office or a Service BC office or online at the RTB website. Note that there are separate forms for the landlord and the tenant. An applicant who is a tenant would fill in and include:
:'''NOTE:''' Arbitrators are not required to have any formal legal training (though some may). Students intending to make legal arguments should be prepared to do so using as much plain language as possible.
*his or her legal name and current address;
*the address and legal name of the owner of the property (the landlord);
*the rental unit noted in the tenancy agreement;
*the relevant code of the RTA that deals with the problem (these are provided on the back of the dispute resolution form);
*the part of the form that says “Details of the Dispute”. It is better to write down too much than too little, since insufficient information could be grounds for the respondent to request an adjournment; however, save specific details for the hearing;
*that he or she wants the landlord to pay back the $50 filing fee; and
*copies of the background material being provided as evidence for the case.  


'''NOTE:'''
===''' 3. Joint Hearings '''===
*Rule 3 of the RTB ''Rules of Procedure'' (Ministry of Housing, 2005; available at http://bit.ly/1Igbqmg sets out how to serve the Application  for Dispute Resolution, and how to submit and exchange documents. the time limits within which the parties and the Arbitrator must receive the  documents to be used as evidence at the hearing. For applicants, the easiest way to comply with this rule is to attach all relevant documents  to the initial application form. Evidence can be faxed to the RTB at 1-866-341-1269. (Applications cannot be submitted via fax).                               
*Rule 3.14 governs evidence not submitted with the Application, and sets out that such evidence must be received by the other party and the Branch not less than 14 days before the hearing. In calculating the 14 days, the first and last day must be excluded. If the due date for service to the Branch falls on a day the office is closed, the limit is extended to the next day the office is open. If the date for service  to the other party falls on a holiday, the limit is extended to the next non-holiday day. If evidence is not available within the deadline for service, under Rule 3.17 the Arbitrator has the discretion to determine whether or not to accept it.                             
*You should also take special notice of the rules regarding how days of service are calculated. Documents sent by mail are deemed “received”  five days later, while documents dropped through a mail slot or taped to a door are deemed “received” three days later. Please note that the  RTB does not copy evidence for parties. See the Rules for further information.


An Information Officer at the RTB must check the form. This is best done in person. Clients who cannot go to an RTB office can file applications at a local Service BC office. Online applications require a credit card payment, so parties applying to waive the filing fee cannot use this method. The Richards Street and Downtown Eastside offices only accept applications where a fee waiver applies. Those offices  do not handle money payments. The application will not be accepted until the applicant has paid $50 (by cash, or money order or certified  cheque payable to the Minister of Finance). Any corrections or clarifications will need to be completed as well. People on income assistance or whose incomes fall below the low-income guidelines can apply to have the fee waived if they provide proof of their income status. The applicant is usually informed of the date of the hearing within 24 hours. The RTB created a Monetary Order Worksheet which must be completed when applying for a monetary order. The worksheet number is available online at: http://bit.ly/1ToyRm9.  
''RTA'' cannot make orders for landlords and tenants not participating in a hearing, so class action lawsuits do not exist for RTB hearings. However, tenants can seek a joint hearing where they can join their claims into a single hearing. If several tenants seek a joint hearing, under the ''RTA'', they must file separately for Dispute Resolution and then apply to join their claims together. The scheduled hearing date may include a preliminary hearing to allow the parties to argue why the matters should or should not be joined. Arbitrators can also decide to hear the cases jointly without the consent of the landlord.


The limitation period for designation of an Arbitrator (i.e. for filing the claim at the RTB) is '''two years''' from the end of the tenancy to which the dispute relates (RTA, s 60).
==''' B. Dispute Resolution Procedure '''==


=== 2. Direct Request ===
===''' 1. Applying for Dispute Resolution '''===


A landlord may make a Direct Request for an order of possession when he or she has issued a 10 day notice to end tenancy for non-payment of rent, and the tenant has neither paid the rent nor contested the notice. An order can then be granted without the need for a participatory  hearing. The Direct Request process may be expanded, in the future, to cover other circumstances where a landlord serves a notice to end  tenancy. Check on the RTB website for updates. Because of the Direct Request process it is very important that tenants never ignore a notice to end tenancy.
A landlord or tenant who wants a government-appointed Arbitrator to settle a dispute must complete an Application for Dispute Resolution.  Most applications for dispute resolution are filed online through the RTB website. Applicants can also apply in person by submitting a paper application for dispute resolution form in person at the RTB office or any Service BC office. The form is available at an RTB office or a Service BC office or online at the RTB website. Note that there are separate forms for the landlord and the tenant.  


'''NOTE:''' It is possible that a tenant will receive a Notice of Direct Request in circumstances where they should receive a hearing (e.g. all arrears paid in 5 days, application for dispute resolution filed, legitimate dispute on merits). In such a case, it is imperative that the tenant immediately write to the RTB and request a dispute resolution hearing. The tenant should explain why their case is not appropriately  addressed through the direct request process.  
Online applications can pay with a credit card or an online debit card, but if you wish to apply for a fee waiver, you must also upload proof of income through the Online Portal, or submit it in person. The Downtown Eastside office only accepts applications where a fee waiver applies. Those offices do not handle money payments. The application will not be considered made until the applicant has paid the filing fee or submitted the documents required for a fee waiver. The applicant is usually informed of the date of the hearing within a few days. The RTB created a Monetary Order Worksheet, which is mandatory when applying for a monetary order. The worksheet number is available online at http://bit.ly/1ToyRm9.  


=== 3. The Dispute Resolution Hearing ===
For more information about how to apply for dispute resolution and request a fee waiver, see https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/dispute-resolution


Hearings are a formal process, though less formal than court. The RTB uses the dispute resolution Rules of Procedure, which are online at http://bit.ly/1Igbqmg. The Information Officer may assist landlords and tenants by providing information about the procedure for resolving disputes, but will not help complete forms. An Arbitrator may make any finding of fact or law that is necessary or incidental to making a  decision or an order under the RTA. The Arbitrator makes decisions based on the merits of the case and is not bound by previous Arbitrator decisions but is bound by court decisions. The Arbitrator considers all of the evidence and makes a decision based on the RTA, the common law,  and the facts. The hearings are generally informal and parties may speak for themselves or through representation. Since hearings deal with specific issues that the applicant raised in his or her application, the Arbitrator will not consider issues that are not contained in the application.  
The general limitation period for filing the claim at the RTB is '''two years''' from the end of the tenancy to which the dispute relates (''RTA'', s 60) unless otherwise provided for in the ''RTA''.


The dispute resolution policy guidelines are also available online. These are useful for preparing for a hearing, but they are '''NOT''' binding on Arbitrators. Most RTB hearings are now conducted via telephone. However, there are still some face-to-face hearings.
====''' a) Naming Parties on an Application '''====


==== a) Telephone Hearings ====
Individuals should be named by their full legal names. Businesses should be named using the full legal name of the business, which may include an indication of the type of legal structure the business operates under and maybe a numbered corporation. Where a business carries on business under a name other than the legal name of the business, you may indicate that the party is “doing business as” the other name.


Parties should use a landline telephone in a quiet place where they will not be interrupted and avoid dropping the call on their cell phone. Parties should not try to call more than 5 minutes before the start of the hearing, as they will most likely not get through. The same is true if a party tries to call in more than 5 minutes after a hearing has started. The hearing will proceed even if one party gets disconnected during the call. It is important that parties check they have the correct telephone code. If a hearing has been adjourned or continued from an earlier hearing, the code will be different than the previous one. 
====''' b) Amending an Application for Dispute Resolution '''====


Telephone hearings are scheduled for one hour exactly. If the hearing is not finished at this time, the Arbitrator may extend the hearing or  schedule another conference call to continue the hearing. This may be several weeks or months after the first hearing. It is important that  parties be focused on the outcome they wish to achieve and that their documents are carefully numbered so that time is not wasted searching for documents and other evidence.  
In certain circumstances, applications for dispute resolution that have already been submitted can be amended. Amended applications must be related to existing issues raised in the original application.


==== b) Face-to-Face Hearings ====
To amend an application for dispute resolution, the applicant completes the RTB-42 “Amendment to an Application for Dispute Resolution” form and submits that form along with any accompanying evidence to the RTB. Once the RTB approves the application, the applicant serves the other party with a copy of the application and supporting evidence, not less than '''14 clear days''' before the hearing. Note that, as the application must be served on each party '''14 clear days''' before the hearing, and it takes time to have the application approved, it is advisable to apply to amend as soon as possible so as to meet these deadlines.


All evidence should be submitted prior to the hearing, since adjournments will not be granted without good cause. Evidence can be in the form of:  
To learn more about amending an application, see:    
*a) any witnesses who provide relevant information;
https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/apply-online/amend-or-update-an-application
*b) all documents including letters, receipts, photographs; and
*c) affidavits (sworn statements in writing).  


==== c) Evidence ====
===''' 2. Direct Request '''===


If possible, it is best to include all evidence with the initial application. However, if this is not possible, the RTB must receive a copy of all of the applicant’s evidence no less than 14 days prior to the hearing; the respondent’s evidence must be received no less than 7 days prior to the hearing. Evidence can be faxed to the RTB at 1-866-341-1269. Rule 3.14 is particularly important here. It states that copies of any documents not filed with the application, but which the applicant wishes to present as evidence at the hearing, should be filed with the RTB and served on the respondent as soon as possible, and not less than 14 days prior to the hearing. This includes documents, photos, videos, audio tapes, and the like. To rely on digital evidence (photos, videos or audio), per rule 3.10, a party must first check whether the other party and the RTB are able to access the digital evidence. Digital evidence must be provided to the RTB on USB memory stick, CD or DVD for their permanent files and must also be accompanied by a printed description. Each party must also deliver a copy of all evidence to the RTB  and the other party in accordance with Rule 3.14 as above. The Arbitrator will usually refuse to look at anything not exchanged in advance of  the hearing pursuant to Rule 3.17, which says that if the documents or other evidence are not served on the other party as required:  
A tenant may make a Direct Request for an order of possession and/or monetary order for outstanding deposit(s) when they gave the landlord their forwarding address in writing at the end of the tenancy, and, within 15 days after the receipt of the forwarding address, the landlord has not returned the outstanding deposit(s) or made an application to retain part or all of the deposit. See [https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/apply-online/tenants-direct-request#:~:text=A%20tenant%20can%20use%20a,of%20their%20deposit(s) Tenant's Direct Request] for more details.
*a) the party must show that the evidence is relevant and that it was not available at the time they filed or when they served their other evidence;
*b) the Arbitrator has discretion to determine whether to accept the evidence if it does not unreasonably prejudice the other party, and both parties must have the opportunity to be heard as to whether the evidence ought to be accepted;
*c) if the evidence is accepted, the other party will have an opportunity to review it, therefore the Arbitrator must rule whether to adjourn,  in accordance with Rule 6.3 and 6.4 which establish the criteria for adjourning a hearing.  


The practical result of these rules is that Arbitrators will often refuse to look at any evidence that was not exchanged before the hearing as required.
===''' 3. The Dispute Resolution Hearing '''===


The RTB’s definition of “days” is as follows, taken from the ''Dispute Resolution Rules of Procedure'', located on the RTB’s website at http://www.rto.gov.bc.ca/documents/RoP.pdf  
Hearings are a formal process, though less formal than court. The RTB uses the dispute resolution Rules of Procedure (online at http://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rop.pdf).


*a) If the time for doing an act falls or expires on a holiday, the time is extended to the next day that is not a holiday
The RTB publishes Policy Guidelines intended to assist Arbitrators in interpreting and applying the law. These Policy Guidelines are available online at:
*b) If the time for doing an act in a business office falls or expires on a day when the office is not open during regular business hours, the time is extended to the next day that the office is open
(https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/calculators-and-resources/policy-guidelines).
*c) In the calculation of time expressed as clear days, weeks, months or years, or as "at least" or "not less than" a number of days, weeks, months or years, the first and last days must be excluded
*d) In the calculation of time not referred to in subsection (c), the first day must be excluded and the last day included


Evidence should be clearly marked and numbered so that all parties involved in a telephone conference can easily locate the relevant documents when necessary.  
These are useful for preparing for a hearing, but Arbitrators have the discretion to decide when and how to apply Policy Guidelines. Most RTB hearings are now conducted via telephone. However, there are still some in-person or written hearings.  


For a face-to-face hearing, it is still a good idea to bring extra copies of important documents to the hearing itself, in case the  Arbitrator, or the other party, does not have copies handy. Original photos and documents that are presented to the Arbitrator cannot be returned later to the party, but they can be subpoenaed into the Supreme Court for judicial review. Copies of documents can be given to the Arbitrator, but they may demand the originals. If a witness cannot attend, the Arbitrator may accept affidavits (however, written statements may suffice) and may take testimony over the phone. If a party thinks a witness has something to contribute to his or her case but the witness  refuses to cooperate, the party can then request in advance or at the hearing that the Arbitrator subpoena that witness.  
:'''NOTE:''' Prior to an arbitration hearing, an Information Officer may assist landlords and tenants by providing information about the procedure for resolving disputes but will not help complete forms.


The Arbitrator may then decide to adjourn the hearing and subpoena the witness for the hearing when it reconvenes. The party requesting the subpoena is required to serve it on the person being subpoenaed. The Arbitrator also has the power to compel witnesses to give evidence under oath and/or to produce records that may be of importance to the hearing. Where a witness fails to comply with these procedures, he or she may be subject to a finding of contempt on application to the Supreme Court by the Arbitrator (RTA, s 76(3)).
====''' a) Telephone Hearings '''====


The applicant should always bring proof of service (i.e. proof that the other side received the Notice of Hearing package) to the hearing or, for a telephone hearing, include it in the evidence the applicant submits to the RTB. The proof of service will have to be presented if the  respondent does not attend – to prove that the applicant served the Notice of Hearing on the respondent. The person who served the documents  should be at the hearing or should have provided an affidavit of service to the applicant.  
Parties should join the conference call in a quiet place where they will not be interrupted. Parties should not try to call about 5 minutes before the start of the hearing. It is important that parties check they have the correct telephone code. If a hearing has been adjourned or continued from an earlier hearing, the code may be different than the previous one.  


=== 4. The Arbitrator’s Decisions ===
Telephone hearings are usually scheduled for one hour exactly. If the hearing is not finished at this time, the Arbitrator may extend the hearing or schedule another conference call to continue the hearing. This may be several weeks or months after the first hearing. It is important that parties be focused on the outcome they wish to achieve and that their documents are carefully organized and page numbered so that time is not wasted searching for documents and other evidence.  


The  Arbitrator  may  render  a  decision  at  the  end  of  the hearing  and  will  make  a  written decision following the hearing. Pursuant to s 77(1), the written decision and reasons must be provided  within  30  days.  If  a  party  completes  a  form  requesting  correction  of  a  technical error,  omission,  or  clarification  within  15  days  of  the  decision  being  given,  such  amended decision or clarification must be provided within 30 days.
====''' b) In-Person and Written Hearings '''====


The  Arbitrator’s  order is final  and binding  but  may  be  reviewed  in limited circumstances (s 79). See [[{{PAGENAME}}#E. Review of Arbitrator’s Decision | Section X.E: Review of Arbitrator’s Decision]] for details.  
In-person or written hearings are rare and will generally only occur at the request of one or both parties, to account for unusual circumstances or needs of one or both parties. For more information on alternative hearing formats, see '''RTB Policy Guideline no. 44: “Format of Hearings”''' (online at http://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl44.pdf)


=== 5. Amendments to Decisions/Orders ===
====''' c) Expedited Hearings '''====


On an Arbitrator’ s initiative, or at the request of a party, the Arbitrator may correct technical errors, or within 15 days, clarify a decision, reason, or inadvertent omissions in a decision or order  the Arbitrator  may also  require  that  notice  of  a request  be given  to  the other  party. The  Arbitrator  shall  not  exercise  this  power  unless  the  Arbitrator  considers  it  just  and reasonable in the circumstances (RTA, s 78(3)). The forms to be completed are theRequest for Correction or a Request for Clarification.
Expedited hearings are for applications that are very urgent and if it would be unfair for the applicant to wait for a standard hearing. They are usually limited to early ending of tenancy, an order of possession for a tenant, and emergency repairs. Usually, the branch tries to schedule them for a hearing within 12 days from the date the application is made. In cases where there is evidence that violence has occurred, health and safety are severely jeopardized or there is a demonstrable immediate danger or threat, the branch may schedule it for a hearing within six days. Evidence must be submitted with the application. More details including how to apply are available online at:
https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/dispute-resolution/expedited-hearings)


The RTB continues to amend its Policy Guidelines on key issues under the  RTA. There are now  over  30  detailed  RTB  Policy  Guidelines  available  that ensure  more  consistency  in dispute  resolution  decisions,  and  which  should  be  reviewed  in  preparation  for  any  hearing. However, Arbitrators will not be required to consult the Guidelines.
====''' d) Evidence '''====


== C. Enforcing the Arbitrators Order ==
The RTB Rules of Procedure state that, to the extent that it is possible, an applicant must submit their evidence with their application and serve a copy of that evidence when they serve the Notice of Hearing. However, if this is not possible, the RTB and the respondent must receive a copy of all the applicant’s evidence no less than 14 days prior to the hearing; the respondent’s evidence must be received by the RTB and the applicant no less than 7 days prior to the hearing. However, arbitrators have the authority to extend the time limit to serve the Notice Package if they find that the Package was sufficiently served for the Act on a later date. Evidence can be submitted online, in person or by mail or fax.


'''NOTE:''' If  a  successful  party  has  any concerns  about  the  ability  to  serve  an  order,  he  or  she  should request  an  order  under  RTA,  s  71(1) permitting  alternate  means  of  service.  An  example  of such an order would be one that permits serving a document at a tenant’ s workplace rather than at their new home.
:'''(1) Online'''


=== 1. Enforcing a Monetary Order ===
:Where possible, parties should submit evidence digitally. Parties can submit evidence online using the dispute access site (https://tenancydispute.gov.bc.ca/DisputeAccess/ #login-page) any time before the deadline. Note that RTB imposes restrictions on the format, size, or amount of evidence submitted or exchanged during the dispute resolution process. For more information, visit https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/apply-online/prepare-for-a-hearing/choosing-and-preparing-evidence#digital.


The Arbitrator may order the tenant or landlord to pay a monetary amount or to bear all or part  of the costs  of dispute  resolution  (RTA,  s  67). '''Enforcement  of  the order  is  the  sole responsibility of the applicant.''' If the monetary order is in favour of a '''tenant''' still living in the rental unit owned by the landlord that the order is against, the  Arbitrator may direct the tenant  to deduct  the award  from  the  rent  (RTA,  s  65(1)(b)). Rent  should not  be  withheld unless  the decision  explicitly  states  this  is  allowed.  If  the monetary  order  is  in  favour  of  a '''landlord'''  still  holding  part  or  all  of  the security  deposit  paid  by  the tenant,  it  may be deducted from the tenant’ s security deposit. If neither of these situations applies, one should give the other party a written request for payment stating the amount owing and requesting payment by the date on the order or within a reasonable time.  
:A party must submit digital evidence together with an accompanying description and comply with 3.10.1 of the RTB Rules of Procedure. Parties who serve digital evidence on other parties must provide the information required under Rule 3.10.1 using Digital Evidence Details (form RTB-43) and in a manner that is accessible to the other party. Parties should always confirm that the other party and the RTB have gained access to the digital evidence before the hearing. No additional evidence may be submitted after the dispute resolution hearing starts except as directed by the arbitrator.


If the other party still does not pay, the order can be filed in the Small Claims Court. 
:'''(2) In person'''


=== 2. Enforcing a Repair Order ===
:Evidence can be submitted at any Service B.C. office, or at the Residential Tenancy Branch office in Burnaby. The applicants will need their file number and dispute access code.


If  a landlord  fails  to  make  repairs  as  ordered  by an  Arbitrator, the tenant  can  apply  for  an order  requiring  compliance.  The  order  to  comply  may  include  an  order  that  the  landlord reduces the rent until the repairs are complete.  
:Parties who submit digital evidence in person must do so by providing a copy of the evidence on a memory stick, compact disk, or DVD or using a method requested by the RTB or Service BC with a printed accompanying description.


=== 3. Enforcing an Order of Possession ===
:'''(3) Mail or Fax'''


The  purpose  of an Order  of Possession is  to gain  vacant  possession  of  the  rental  premises. The landlord should first give a copy of the Order of Possession to '''each person''' named in the  order. The  best  way  to do  this is  to  hand  the copy  to  the other  parties  personally  or by registered  mail.  The  RTA  also  permits  for  the  Order  of  Possession  to be  posted  on  the tenant’s  door.  The  tenant  should  be  asked  to  move  out  of  the rental  unit  within  the  time period given in the order. If a tenant does not comply with the order, the landlord must notattempt to physically remove the tenant by his or her own means (RTA, s 57(1)(2)), as this is unlawful. Bailiff services, described below, can be used to lawfully remove the tenant.  
:Evidence can be mailed to “Residential Tenancy Branch #400-5021 Kingsway, Burnaby, B.C. V5H 4A5” or fax to 604-660-2323 (lower mainland) or 1-866-341-1269 (outside the lower mainland).


==== a) Use of Bailiff Services ====
:A party who submits evidence must keep an exact copy of the evidence they submitted for not less than two years after the date on which the dispute resolution proceeding, including any reviews, concludes. The RTB will not return copies of evidence submitted during the dispute resolution process.


In  the  event  that the tenant  does  not comply  with  the  order  and does  not  vacate the  rental  unit  on  the  date  specified  on  the  order, the Order of Possession  can  be filed  in  the Supreme  Court  of  B.C.  Registry.  The  landlord  must  fill  out  a  Writ  of Possession  and  an  Affidavit  (re:  service)  and  take  these completed forms  with  the Order  of  Possession  to the  Supreme  Court. Once  the  documents  are  filed  and stamped in the Supreme Court, the landlord may contact a court bailiff service. The Writ of Possession is then ready to be executed by the court bailiff.  
Evidence should be clearly marked and numbered so that all parties involved can easily locate the relevant documents when necessary. If evidence submitted is not in an acceptable format or quality to support a fair and appropriate dispute resolution process, the arbitrator may require the person who submitted the evidence to resubmit it in a different format or resubmit exact copies.


Under  s 9  of  the ''Sheriff Act'', '''RSBC''' 1996,  c. 425,  the landlord is required  to give  a deposit  to the court  bailiff  against  the costs  of  the execution  of  the  writ. This deposit  varies  depending  on  the size  of the  rental  unit.  For  example, $1,100  for a one-bedroom and $3,000 for a five-bedroom house will be required as a deposit for executing a seizure.
All evidence must be relevant to the claim(s) being made in the Application(s) for
Dispute Resolution. The arbitrator has the discretion to decide whether evidence is or is not relevant to the issues identified on the application and may decline to consider evidence that they determine is not relevant. An Arbitrator is not bound by the traditional rules of evidence (RTA s 75).


==== b) Bailiff’s Procedure for Executing a Writ of Possession ====
Rule 3.17 requires that both parties must have the opportunity to be heard on the question of prejudice arising from accepting late evidence. In ''Khan v Savino'', 2020 BCSC 555, the applicant was late to the 14-day deadline by one day, but the arbitrator failed to seek submissions regarding prejudice arising from accepting the late evidence from both parties at the hearing. This was a ground for voiding the result at the dispute resolution and returning the decision to the RTB for re-determination.
The RTB’s definition of “days” is as follows, taken from page 4 of the ''Dispute Resolution Rules of Procedure'', located on the RTB’s website at
https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rop.pdf


The bailiff consults with the landlord to discuss attempting a “soft” eviction, which gives  the tenant  a chance  to  vacate  on their  own;  this is generally  what  occurs. Tenants are generally allowed three to four days to vacate under a “soft” eviction.     
:a) If the time for doing an act falls or expires on a holiday, the time is extended to the next day that is not a holiday
:b) If the time for doing an act in a government office falls or expires on a day when the office is not open during regular business hours, the time is extended to the next day that the office is open
:c) In the calculation of time expressed as clear days, weeks, months or years, or as "at least" or "not less than" a number of days, weeks, months or years, the first and last days must be excluded
:d) In the calculation of time not referred to in subsection (c), the first day must be excluded and the last day included


If the  bailiff  executes  a “hard”  eviction, the bailiff  enters  the  rental  unit  and removes the belongings, as well as the tenant if necessary. It is the responsibility of the bailiff to ensure that all of the tenant’s belongings are safe and secure in storage. The bailiff may seize tenant’s possessions to sell in order to compensate the bailiff for the cost of the eviction.  
If a witness cannot attend, the Arbitrator may accept affidavits (however, written statements may suffice) and may take testimony over the phone. If a party thinks a witness has something to contribute to their case but the witness refuses to cooperate, the party can then request in advance or at the hearing that the Arbitrator summon that witness (RTB Rules of Procedure s. 5.3 - 5.5).


'''NOTE:'''                Sometimes third parties who are not named in the order (i.e. roommates) have  their  goods  seized  together  with  the tenant’s. It  is  important  to inform  the Bailiff  as  soon  as  possible  what  goods  do  not belong  to the tenant. These goods can usually be returned to the third party if he or she is not named in the order.  
The applicant should always submit proof of service (i.e. proof that the other side received the Notice of Hearing package) to the RTB. The proof of service will have to be presented if the respondent does not attend – to prove that the applicant served the Notice of Hearing on the respondent. If it was served in person, the person who served the documents should be at the hearing or should have provided an affidavit of service to the applicant. Proof of service of any evidence not served with the Notice of Hearing should also be submitted to the RTB.


==== c) Role of the Police ====
===''' 4. The Arbitrator’s Decisions '''===


Neither  the police  nor  the RCMP  has  the authority  to evict  tenants.  However, a court  bailiff  can  forcibly  evict  a  tenant  on  behalf  of  the landlord. The  police  may attend the occasion to prevent the breach of peace but they cannot play any role in evicting  the  tenant, however, the police  will  attend  and  remove  the  tenant  if required to do so by the court bailiff.    
The Arbitrator may render a decision at the end of the hearing and will make a written decision following the hearing. Pursuant to s 77(1) of the ''RTA'', the written decision and reasons must be provided '''within 30 days'''. If a party, pursuant to s 78 of the ''RTA'' completes a form requesting correction of a technical error, omission, or clarification '''within 15 days''' of the decision being given, such amended decision or clarification must be provided '''within 30 days'''.


== D. Serving Documents: Giving and Receiving Notice under the RTA ==
The Arbitrator’s order is final and binding but may be reviewed in limited circumstances (s 79).  


=== 1. Service to Tenant ===
=== '''5. Amendments to Decisions/Orders''' ===


A notice, process, or document may be served personally on a tenant or by:
On an Arbitrator’s initiative, or at the request of a party, the Arbitrator may correct technical errors, or within 15 days, clarify a decision, reason, or inadvertent omissions in a decision or order the Arbitrator may also require that notice of a request be given to the other party. The Arbitrator shall not exercise this power unless the Arbitrator considers it just and reasonable in the circumstances (''RTA'', s 78(3)).  
*a) sending the document by ordinary or registered mail to the tenant at the address where he or she lives;
*b) leaving the document in a mailbox or mail slot at the address where the tenant lives;
*c) giving it to an adult person who apparently lives with the tenant;
*d) posting it to a door or other conspicuous place at the address where the tenant lives; or
*e) transmitting a copy by fax to a fax number provided by the tenant.


The document is deemed “received” when it is personally served. If the document is served by  an  alternate  means,  it  is  deemed  to have  been  received  on the fifth  day  after  the  date  of mailing, or on the third day after posting or faxing, or leaving it in a mailbox (RTA, s 90).  
The RTB continues to amend its Policy Guidelines on key issues under the ''RTA''. There are now over 40 detailed RTB Policy Guidelines available that ensure more consistency in dispute resolution decisions, and which should be reviewed in preparation for any hearing. They can found online at https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/calculators-and-resources/policy-guidelines. However, Arbitrators will not be required to consult the Guidelines.  


'''NOTE:''' These are '''rebuttable''' presumptions. If the respondent does not attend the hearing, service  will  come  into  question, and anything  short  of personal  service may  not guarantee a successful hearing if the other party does not show up.  
==''' C. Enforcing the Arbitrator’s Order '''==
:'''NOTE:''' If a successful party has any concerns about the ability to serve an order, they should request an order under ''RTA'', s 71(1) and (2) permitting alternate means of service. An example of such an order would be one that permits serving a document at a tenant’s workplace rather than at their new home.


Sliding the documents under a door or emailing them does not constitute service. The RTB Arbitrator  or  the  court  may  order  the  document  be  served  in  any  manner  considered necessary, and may order that the document has been sufficiently served on a specified date (RTA, s 71).
===''' 1. Enforcing a Monetary Order '''===


=== 2. Service to Landlord ===
The Arbitrator may order the tenant or landlord to pay a monetary amount or to bear all or part of the costs of dispute resolution (''RTA'', s 67). '''Enforcement of the order is the sole responsibility of the applicant'''. If the monetary order is in favour of a '''tenant''' still living in the rental unit owned by the landlord that the order is against, the Arbitrator may direct the tenant to deduct the award from the rent (''RTA'', s 65(1)(b)). Rent should not be withheld unless the decision explicitly states this is allowed. If the monetary order is in favour of a '''landlord''' still holding all or part of the security deposit paid by the tenant, it may be deducted from the tenant’s security deposit. If neither of these situations applies, one should give the other party a written request for payment stating the amount owing and requesting payment by the date on the order or within a reasonable time.


A  notice,  process,  or  document is given  to  a landlord by  having  it  served  personally  on  the landlord  or  the  landlord’s  agent,  or  by  mailing  it  to  the  landlord  or  the  landlord’s  agent (RTA, s  88(a)(b)).  Alternate  forms  of  service  where  service  is  not  possible  (due  to  absence from his or her rental unit or business or evasion) are:
If the other party still does not pay, the order can be filed in the Small Claims Court.  
*a) giving it to an adult person who apparently lives with the landlord (s 88(e));
*b) leaving it in a mailbox or mail slot at the address at which the person carries on business as a landlord (s 88(f));
*c) posting it to a door or other conspicuous place at the address at which the landlord lives or carries on his or her business (s 88(g)); or
*d) transmitting a copy by fax to a fax number provided by the landlord (s 88(h)).  


The  document  is “received”  when  it  is  personally  served. If  the  document  is  served  by  an alternate means, it is deemed to have been received on the fifth day after the date of mailing, or on the third day after posting, faxing or leaving it in a mailbox (s 90). 
===''' 2. Enforcing a Repair Order '''===


'''NOTE:''' These are '''rebuttable''' presumptions. If the respondent does not attend the hearing, service  will  come  into  question,  and  anything  short  of  personal  service  may  not guarantee a successful hearing if the other party does not show up.  
If a landlord fails to make repairs as ordered by an Arbitrator, the tenant can apply for an order requiring compliance. The order to comply may include an order that the landlord reduces the rent until the repairs are complete.  


The  RTB  Arbitrator  may  order  the  document  to  be  given  in  any  manner  considered necessary, and may order that the document has been sufficiently served on a specified date (s 71).  
===''' 3. Enforcing an Order of Possession '''===


=== 3. Documents for Dispute Resolution (Notice of Hearing Package) ===
The purpose of an Order of Possession is to gain vacant possession of the rental premises. The landlord should first give a copy of the Order of Possession to each person named in the order. The best way to do this is to hand the copy to the other parties personally or by registered mail. The RTA also permits for the Order of Possession to be posted on the tenant’s door. The tenant should be asked to move out of the rental unit within the period given in the order. If a tenant does not comply with the order, the landlord must not attempt to physically remove the tenant by their own means (RTA, s 57(2)), as this is unlawful. Bailiff services, described below, can be used to remove the tenant lawfully.


A  copy  of the Application  and the Notice  of Hearing  must  be provided  to  the respondent within three days of filing the application (RTA, s 59(3)). This is done by serving the hearing documents package as prepared by the RTB.  
====''' a) Use of Bailiff Services '''====
If the tenant does not comply with the order and does not vacate the rental unit on the date specified on the order, the Order of Possession can be filed in the Supreme Court of B.C. Registry. The landlord must obtain a Writ of Possession in the Supreme Court and contact a court bailiff service. The Writ of Possession can then be executed by the court bailiff.


A landlord must (s 89) serve the Notice of Hearing package on the tenant by:
Court bailiffs carrying out an eviction can seize and sell tenants’ personal property to pay their fees. Tenants have the right to claim exemptions to protect certain items, and bailiffs will often give tenants an opportunity to claim these exemptions when they first show up at the rental unit. Tenants should contact the bailiff company right away if their belongings are taken before they have a chance to claim the exemptions. Tenants must claim their exemptions within two days of the date they found out that their property was seized.
*leaving a copy with the tenant in person; or
*by sending a copy by registered mail to the address at which the tenant lives.  


If  the  tenant  cannot  be  served  either  way,  an  order  for  alternate  service  of  hearing documents should be made under s 89(1)(e). A tenant must (s 89) serve the Notice of Hearing package on the landlord by:
====''' b) Role of the Police '''====
*leaving a copy with the landlord, or an agent of the landlord, in person; or
*by  sending a  copy  by  registered  mail  to  the  address  at  which  the landlord resides,  or  at which the landlord carries on business.


When  the tenant does  not know who  may actually  be  responsible  as landlord,  it is  safest  to name and serve all parties who could possibly have a liability. Monetary orders  should name the property owner, so a tenant should need to do a title search. The applicant has to prove the documents were properly served.
'''Neither the police nor the RCMP has the authority to evict tenants.''' The police may attend the occasion to prevent a breach of peace, but they cannot play any role in evicting the tenant. However, the police will attend and remove the tenant if required to do so by the court bailiff.


=== 4. Documents  on  Application  for  Review  of  a  Decision  or  Order  of  an Arbitrator ===
===''' 4. Non-Compliance '''===


If a party is successful in his or her Application for Review, that person will receive a written decision from the Arbitrator ordering the review to proceed. This may be nothing more than an  amended  decision, or it  may  be  a  decision  confirming  suspension  of  the  previous  order and setting  a  date  to reconvene  for  a  new  hearing.  This  Arbitrator’ s  decision  (permitting review)  must  be  served  on  the other  side  within  three  days  of  being  received  by  the  person who  applied for  review.  The  same  method  of  service  must  be used as  outlined  immediately above for  a  Notice  of  Hearing  package  (see  RTA  ss 86  and  61(5)  and [[{{PAGENAME}}#4. The Arbitrator’s Decisions | Section  X.B.4: The Arbitrator’s Decisions).
Under s 87(3) and s 87(4) of the ''RTA'', administrative penalties of up to $5,000 per day may be imposed against landlords for contravening the ''RTA'', the Regulations, or an order. Administrative penalties are rarely, if ever, imposed and according to the RTB guidelines, such penalties are to be used only in response to “serious, repeated non-compliance.


=== 5. Other Exceptions to General Service of Documents ===
The RTB has established a Compliance and Enforcement Unit to conduct investigations of repeated or serious non-compliance with tenancy laws or orders of the Residential Tenancy Branch, issue warnings to ensure compliance, and if necessary, administer monetary penalties.


An  application  by  a  landlord  for  an  order  of  possession  for  the landlord  or  landlord’ s application for an order ending tenancy early must be given to the tenant under special rules: see RTA s 89(2).  
The Compliance and Enforcement Unit only handles cases in which all attempts to resolve the issue through the RTB have been made, yet there is still no compliance. Usually, the first step that the unit takes would be simply informing the parties of their responsibilities.  


== E. Review of Arbitrator’s Decision ==
Examples of matters that the unit investigates:
* Renters repeatedly not paying rent
* Landlords repeatedly attempting to evict renters illegally
* Refusal to complete health and safety repairs; and
* Illegal rent increases


=== 1. Application for Review of Arbitrator's Decision ===
==''' D. Serving Documents: Giving and Receiving Notice under the ''RTA'' '''==


Under the RTA, s 79(1), an application may be made for Review of the Decision or Order, only if:
The rules for serving the other party with documents depend on what is being served, and who is being served. This section sets out the basics of service, but for more detail or to check the requirements for your specific situation, you may need to check the Residential Tenancy Branch’s Residential Tenancy Policy Guideline 12.
*a) the party was not able to attend the original hearing due to circumstances that could not be anticipated and were beyond his or her control;
*b) there  is  new  and  relevant  evidence  that  was  not  available  at  the time  of  the  original hearing; or
*) a party has evidence that the Arbitrator’s decision or order was obtained by fraud.  


The  Application  for  Review  does  not  include  an  oral  hearing.  The  written  application  for review  must  therefore  be complete  and exact, with  all  necessary  documents  attached.  Note that an Application for Review is '''not''' an opportunity to re-argue the facts of the case.
===''' 1. Service Methods '''===


'''NOTE:'''                There is a filing fee, which cannot be recovered, but which can be waived under the same circumstances for which the original application fee can be waived.  
Generally, items can be served in any of the ways listed below. Some items must be served in particular ways. For details on items that must be served only in certain ways, see the relevant section below.


'''NOTE:'''                Applying  for  review  of  an  arbitrator’s  decision  may  prevent  a  party  from  later applying  to court for  judicial  review  of  the original  decision.   This  is because  the reviewing court may only review the final review or reconsideration decision, rather than  the original  decision.    This  may be the  case  even though  the  grounds  of review under the RTA are narrower than the grounds of review in a judicial review.  Parties should therefore exercise caution when deciding whether to pursue a review at the RTB; see ''Sereda v Ni'', 2014 BCCA 248.  
Different service methods are “deemed” or considered served at certain times after the date on which they are served. Note that, if there is proof that the document was actually received earlier than the date it is deemed to be received, the document may be considered received on the day it was actually received.


=== 2. Time Limits for Launching a Review ===
====''' a) Personal Service '''====


There  are  strict  time  limits  in  the RTA  for  launching  a review.  For  orders  of  possession  (s 54),  unreasonable  withholding  of  consent,  and  notice  to  end  tenancy  for  non-payment  of rent the time limit is '''two business days'''. For a notice to end a tenancy agreement other than under s 46, repairs or maintenance under s 32, and services or facilities under s 27, the time limit is '''five days'''. For other orders, the time limit is 15 days (s 80).  
For tenants serving a landlord, the tenant must serve by leaving a document by leaving a copy with the landlord or landlord’s agent. For a landlord serving a tenant, the landlord must leave a copy with the tenant, and in a case with multiple tenants, with each co-tenant separately.  


Review  applications  do '''not'''  act  as  stays  of proceedings; a stay  must  be requested  separately through the Supreme Court.  
Personal service requires physically handing a copy of the document to the person being served, and, if the person declines the document, leaving a copy of the document near the person, and informing the person being served of the nature of the document.


=== 3. Successful Application for Review ===
Persons can be served anywhere the person serving has legal access to, including in public streets and other publicly- or privately-owned areas open to the public.


If a party is successful in his or her Application for Review, that person will receive a written decision  from  the  Arbitrator  permitting  the  review  to proceed.  This  may  be  nothing  more than  an  amended  decision,  or  it  may  be  a  decision  confirming  suspension  of  the  previous order and suggesting a date to reconvene for a new hearing.
====''' b) Registered Mail '''====


The  Arbitrator’s  decision  permitting  review  must  be  served  on  the other  side  within  three days of receiving the decision. The same method of service must be used as outlined above for a Notice of Hearing package (see [[{{PAGENAME}}#3. Documents for Dispute Resolution | Section X.D.3: Documents for Dispute Resolution]]. See also: RTA, s 81, and [[{{PAGENAME}}#4. The Arbitrator’s Decisions | Section X.B.4: The Arbitrator’s Decisions).
You may serve these items by sending them by registered mail (any Canada Post service with delivery confirmation to a named person) to the address for service of the other party. For landlords, this is where the landlord lives or carries on business as a landlord. This address may be listed on the lease or other document related to the tenancy. For tenants, this is the address where the tenant resides at the time of mailing or the forwarding address provided by the tenant.


=== 4. Review by the Supreme Court of B.C. ===
Records indicating that a person refused to accept a piece of registered mail are considered proof of service. Registered mail is deemed received on the '''fifth day after mailing'''.


An Arbitrator’s decision can also be reviewed by the Supreme Court of B.C. under the ''Judicial Review Procedure Act'', RSBC 1996, c 241. The RTA contains a privative clause (s 84.1) which narrows the scope of the review. It is not a trial ''de novo''. The court may overturn a decision where an error has been made that “goes to jurisdiction”; if the RTB has exceeded its statutory authority, either because a violation of procedural fairness has occurred, or because it has made a very serious error of fact or law, then the court can intervene to correct the error. When a decision is overturned by the court, the case is usually returned to an Arbitrator to be reheard. Due to the complexity of operating in the Supreme Court, a lawyer should be involved for a Supreme Court review. It is important to get legal advice and act quickly. The Community Legal Assistance Society (604-685-3425) is available to assist with judicial reviews of Arbitrators’  decisions, and is especially interested in helping with potential test cases.
===='''c) Ordinary Mail '''====


'''NOTE:'''               Losing  a  judicial  review  may  result  in  an  award  of  costs,  meaning  that  the  losing party must pay the legal costs of the other party.  
This method is the same as service by registered mail, except that it is sent by ordinary postal service. Ordinary mail is deemed received on the '''fifth day after mailing'''.


=== 5. Filing Complaints to the RTB ===
====''' d) Leaving a Copy of the Document at the Person’s Residence with an Adult Person who Apparently Resides with the Person to be Served '''====


Complaints about information officers, dispute resolution hearings, or general services of the RTB must be put into writing and mailed to the Executive Director of the RTB:
This method involves leaving the document with a person 19 years or older who, from what can be seen, observed, and is evident from all the circumstances, resides with the person to be served. Such documents are considered personally served, and so considered served on the '''day they are delivered'''.


:P.O. Box 9844 Stn Prov Govt
====''' e) Leaving a Copy of the Document in a Mailbox or Mail Slot '''====
:Victoria, B.C. V8W 9T2
This method involves leaving the document in a mailbox or mail slot. For serving tenants, this would be the place where the person to be served resides at the time of service. For landlords, this would be at the address for service identified in the tenancy agreement or on the Notice to End Tenancy the tenant is contesting, or the place where the person to be served carries on business as a landlord. You must make sure that the mailbox or mail slot truely belongs to the person being served, particularly where there are multiple boxes or slots for one building.


Complaints can also be made to the BC Ombudsperson. More information can be found at http://www.ombudsman.bc.ca. Note that the BC Ombudsperson does not review decisions; they can only investigate complaints where a person feels that RTB staff has treated them unfairly.
Documents left in a mailbox or mail slot are considered served on the '''third day after they are left'''.
 
====''' f) Posting '''====
 
This method involves attaching a copy of the document to a door or other conspicuous place (a place that is clearly visible and likely to attract notice or attention). Placing a copy of the item under a door is not sufficient for service by “posting”. For serving tenants, this would be where the person resides at the time of service, and for serving landlords, this would be at the address for service identified in the tenancy agreement or on the Notice to End Tenancy the tenant is contesting, or the place where they carry on business as a landlord.
 
Documents served by posting are considered served on the '''third day after they are attached'''.
 
====''' g) Fax '''====
 
You can serve a party by fax if they have provided a fax number as their address for service.
 
Documents served by fax are considered served on the '''third day after faxing them'''.
 
====''' h) Substituted Service '''====
 
If none of the above options are feasible, the Residential Tenancy Branch may order another type of service. In applying for substituted service, you must show that the party being served cannot be served by any of the methods listed and that there is a reasonable expectation that they will receive the documents if served in the manner being proposed.
 
====''' i) Email '''====
 
You can serve a party by email to an email address provided for service. The documents are considered served 3 days later when the tenant does not say or show that they received it on an earlier date.
 
===''' 2. Requirements for Specific Documents '''===
 
====''' a) Application for dispute resolution or Residential Tenancy Branch decision to proceed with a review of a decision '''====
 
These items, except for applications by landlords for an order of possession or an order ending a tenancy early, may only be served by personal service, registered mail, or by another service method authorized by an order for substituted service.
 
====''' b) Application by a landlord for an order of possession or an order ending tenancy early '''====
 
These items can only be served by personal service, registered mail, posting, or by another service method authorized by an order for substituted service.
 
===''' 3. Address at Which the Landlord Carries on Business as a Landlord '''===
 
To quote from '''RTB policy guideline #12''': “A landlord may operate a business as a landlord from one location and operate another business from a different location. The Legislation does not permit a tenant to serve a landlord in one of the ways set out above at the address where the landlord carries on that other business unless the landlord also carries on their business as a landlord at that same address.
 
If the landlord disputes that they have been served in one of the permitted ways at the address where they carry on business as a landlord, or if the landlord does not attend the hearing, the tenant will have to provide sufficient evidence to the Arbitrator to prove that the address used is, in fact, the address at which the landlord carries on business as a landlord.” (BC Residential Tenancy Branch Policy Guideline no. 12: Service Provisions, BC Residential Tenancy Branch, March 2016).
 
The address at which the landlord carries on business as a landlord may be:
* Set out in the tenancy agreement;
* The landlord’s office or resident manager’s suite in an apartment building;
* The address where the landlord resides;
* A separate business address in an office or storefront location.
 
===''' 4. Proof of Service '''===
 
Where service has been affected and a party fails to appear at a hearing, the other party should be prepared to prove that service was affected.
 
For personal service, this can be done by having the person who actually served the other party appear as a witness at the hearing or provide a signed statement with details about service. For personal service on another adult apparently residing with the other party, details should be included about the date and time of service, identity of the person served, and description of how it was confirmed that the person apparently resides with the party being served.
 
For registered mail, a Canada Post tracking printout providing information about the delivery of the registered mail item and the signature of the recipient will suffice. Policy Guideline 12 states that intentional refusal to pick up registered mail does not rebut the deemed receipt provisions, so if the tracking report shows that the mail was refused by the recipient, a party should still be able to argue that the documents were properly served. Proof of service by other methods should include details about the date, time, identity of persons served, address where notice was posted, fax number or mailbox information, and any other relevant information. Photographs of service can be valuable in proving that service occurred.
 
== '''E. Review of Arbitrator’s Decision''' ==
 
===''' 1. Application for Review of Arbitrator's Decision '''===
 
Under the RTA, s 79(2), an application may be made for Review of the Decision or Order, only if:
 
:a) the party was not able to attend the original hearing due to circumstances that could not be anticipated and were beyond their control;
:b) there is new and relevant evidence that was not available at the time of the original hearing; or
:c) a party has evidence that the Arbitrator’s decision or order was obtained by fraud.
 
The Application for Review does not include an oral hearing. The written application for review must, therefore, be complete and exact, with all necessary documents attached. Note that an Application for Review is not an opportunity to re-argue the facts of the case.
 
:'''NOTE:''' There is a filing fee, which cannot be recovered, but which can be waived under the same circumstances for which the original application fee can be waived.
 
:'''NOTE:''' ''Martin v. Barnett'', 2015 BCSC 426 stands for the principle that a party must exhaust statutory review procedures before bringing an application for judicial review, but where the RTB does not have the power on reconsideration to encompass the alleged error (i.e. where the alleged error does not fall within one of the three grounds for Review Consideration), then reconsideration cannot be considered an adequate alternative to judicial review, and a party is permitted to proceed directly to judicial review. Where the error does fall within the reconsideration power of the RTB, the party must bring a reconsideration application. If they are dissatisfied with that result, a party can judicially review the review consideration decision. ''Wang v. Hou'', 2019 CBC 353 adds that procedural fairness issues that cannot be raised on reconsideration can be the basis for independent judicial review of both original decisions and review consideration decisions if either raise procedural fairness issues.
 
===''' 2. Time Limits for Launching a Review '''===
 
There are strict time limits in the ''RTA'' for launching a review. For orders of possession (s 54, 55, 56, 56.1), unreasonable withholding of consent (s 34 (2)) and notice to end tenancy for non-payment of rent (s 46) the time limit is '''two days'''. For a notice to end a tenancy agreement other than under s 46, repairs or maintenance under s 32, and services or facilities under s 27, the time limit is '''five days'''. For other orders, the time limit is '''15 days''' (''RTA'' s 80).
 
A review application is not a stay of proceedings but can act as one since court enforcement of an Arbitrator decision requires the landlord/tenant applying for the enforcement to swear to court that they have confirmed with RTB that there is no review application consideration pending. A stay of proceedings can also be requested separately through the Supreme Court.
 
===''' 3. Successful Application for Review '''===
 
If a party is successful in their Application for Review, that person will receive a written decision from the Arbitrator permitting the review to proceed. The original decision would be set aside, and a new hearing date would be scheduled.
 
The Arbitrator’s decision permitting review must be served on the other side within three days of receiving the decision. The same method of service must be used as outlined above for a Notice of Hearing package.
 
===''' 4. Review by the Supreme Court of B.C. '''===
 
An Arbitrator’s decision can also be reviewed by the Supreme Court of B.C. under the ''Judicial Review Procedure Act'', RSBC 1996, c 241. The ''RTA'' contains a privative clause (s 84.1) which narrows the scope of the review. It is not a new trial. The Supreme Court of B.C. generally would conduct a review if there were:
 
* Patently unreasonable error of fact or law
* Breach of procedural fairness
 
When a decision is overturned by the court, the case is usually returned to an Arbitrator to be reheard. Due to the complexity of operating in the B.C. Supreme Court, a lawyer should be involved for a judicial review in B.C. Supreme Court. It is important to get legal advice and act quickly. The Community Legal Assistance Society (CLAS) (604-685-3425) is available to assist with judicial reviews of Arbitrators’ decisions where the decision relates to an eviction notice. TRAC’s Housing Law Clinic may also assist with judicial review of RTB Decisions: https://tenants.bc.ca/get-help/legal-representation/. For more information on grounds on grounds for judicial review, see [https://judicialreviewbc.ca/ judicialreviewbc.ca].
 
:'''NOTE:''' Losing a judicial review may result in an award of costs, meaning that the losing party must pay the legal costs of the other party.
 
===''' 5. Filing Complaints to the RTB '''===
 
Complaints about information officers, dispute resolution hearings, or general services of the RTB must be put into writing and mailed to HSRTO@gov.bc.ca or the Executive Director of the RTB:
 
:P.O. Box 9844 Stn Prov Govt
:Victoria, B.C. V8W 9T2
Complaints can also be made to the BC Ombudsperson. More information can be found at www.ombudsman.bc.ca.  
 
Note that the BC Ombudsperson does not review decisions; they can only investigate complaints where a person feels that RTB staff has treated them unfairly.  
 
 
{{LSLAP Manual Navbox|type=chapters15-23}}

Latest revision as of 21:12, 8 August 2023

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 2, 2023.



A. General

The formal dispute resolution process may be avoided in cases where the application of the law is clear. For example, an Information Officer might call a landlord and tell them that landlords are required by law to provide rent receipts if the tenant pays rent in cash. The Information Officer will not take on the role of an Arbitrator and will only explain the Legislation.

Dispute resolution is the formal method of resolving disputes between landlords and tenants. Any party going to dispute resolution may be represented by an agent, advocate, or lawyer. The Arbitrator may require a representative to provide proof of their appointment to represent a party and may adjourn a dispute resolution hearing for this purpose. To understand the procedure, advocates should read the dispute resolution Rules of Procedure that are available on the Residential Tenancy Branch website. These Rules of Procedure are revised occasionally, be sure that you are relying on the most up to date version.

1. Disputes Covered by Dispute Resolution

Virtually all claims that may arise between tenants and landlords are eligible for dispute resolution (see RTA, s 58). A court does not have and must not exercise any jurisdiction in respect of a matter that must be submitted to dispute resolution under the RTA. The exceptions are as follows:

  • The dispute is linked substantially to a matter that is before the Supreme Court; or
  • The monetary claim exceeds the monetary limit prescribed in the Small Claims Act, RSBC 1996, c. 430, s 3. (Currently the monetary limit is $35,000.)
  • As well, the RTB is specifically excluded, pursuant to section 5.1 of the RTA, from considering the following:
    • Questions of constitutional law, and
    • Issues arising out of the BC Human Rights Code
NOTE: Some issues that may apparently be under the exclusive jurisdiction of the RTA may still be grounded in a different source of law. In such cases, a tenant may be able to elect to proceed with their claim either as an RTB dispute or as a different kind of civil claim that falls under the inherent jurisdiction of another court. For example, if a tenant’s claim can be successfully characterized as a claim of negligence, they may be permitted to proceed with an action in Supreme Court. See Janus v The Central Park Citizen Society, 2019 BCCA 173 at paras 23-29.

2. Arbitrators

Arbitrators are like judges and base their decisions on evidence and arguments presented by the parties at the dispute resolution hearing. Arbitrators are only bound by legal precedents established by the court, not past decisions. An Arbitrator has the authority to make any findings of fact or law necessary to resolve disputes that arise under the RTA or a tenancy agreement. Arbitrators may assist the parties or offer the parties an opportunity to settle their dispute during a hearing. They can record agreements reached by the parties, sign off on the agreement, and record the settlement as an order. Except as otherwise provided by the RTA, a decision of the director is final and binding (s 77(3)).

NOTE: Arbitrators are not required to have any formal legal training (though some may). Students intending to make legal arguments should be prepared to do so using as much plain language as possible.

3. Joint Hearings

RTA cannot make orders for landlords and tenants not participating in a hearing, so class action lawsuits do not exist for RTB hearings. However, tenants can seek a joint hearing where they can join their claims into a single hearing. If several tenants seek a joint hearing, under the RTA, they must file separately for Dispute Resolution and then apply to join their claims together. The scheduled hearing date may include a preliminary hearing to allow the parties to argue why the matters should or should not be joined. Arbitrators can also decide to hear the cases jointly without the consent of the landlord.

B. Dispute Resolution Procedure

1. Applying for Dispute Resolution

A landlord or tenant who wants a government-appointed Arbitrator to settle a dispute must complete an Application for Dispute Resolution. Most applications for dispute resolution are filed online through the RTB website. Applicants can also apply in person by submitting a paper application for dispute resolution form in person at the RTB office or any Service BC office. The form is available at an RTB office or a Service BC office or online at the RTB website. Note that there are separate forms for the landlord and the tenant.

Online applications can pay with a credit card or an online debit card, but if you wish to apply for a fee waiver, you must also upload proof of income through the Online Portal, or submit it in person. The Downtown Eastside office only accepts applications where a fee waiver applies. Those offices do not handle money payments. The application will not be considered made until the applicant has paid the filing fee or submitted the documents required for a fee waiver. The applicant is usually informed of the date of the hearing within a few days. The RTB created a Monetary Order Worksheet, which is mandatory when applying for a monetary order. The worksheet number is available online at http://bit.ly/1ToyRm9.

For more information about how to apply for dispute resolution and request a fee waiver, see https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/dispute-resolution

The general limitation period for filing the claim at the RTB is two years from the end of the tenancy to which the dispute relates (RTA, s 60) unless otherwise provided for in the RTA.

a) Naming Parties on an Application

Individuals should be named by their full legal names. Businesses should be named using the full legal name of the business, which may include an indication of the type of legal structure the business operates under and maybe a numbered corporation. Where a business carries on business under a name other than the legal name of the business, you may indicate that the party is “doing business as” the other name.

b) Amending an Application for Dispute Resolution

In certain circumstances, applications for dispute resolution that have already been submitted can be amended. Amended applications must be related to existing issues raised in the original application.

To amend an application for dispute resolution, the applicant completes the RTB-42 “Amendment to an Application for Dispute Resolution” form and submits that form along with any accompanying evidence to the RTB. Once the RTB approves the application, the applicant serves the other party with a copy of the application and supporting evidence, not less than 14 clear days before the hearing. Note that, as the application must be served on each party 14 clear days before the hearing, and it takes time to have the application approved, it is advisable to apply to amend as soon as possible so as to meet these deadlines.

To learn more about amending an application, see: https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/apply-online/amend-or-update-an-application

2. Direct Request

A tenant may make a Direct Request for an order of possession and/or monetary order for outstanding deposit(s) when they gave the landlord their forwarding address in writing at the end of the tenancy, and, within 15 days after the receipt of the forwarding address, the landlord has not returned the outstanding deposit(s) or made an application to retain part or all of the deposit. See Tenant's Direct Request for more details.

3. The Dispute Resolution Hearing

Hearings are a formal process, though less formal than court. The RTB uses the dispute resolution Rules of Procedure (online at http://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rop.pdf).

The RTB publishes Policy Guidelines intended to assist Arbitrators in interpreting and applying the law. These Policy Guidelines are available online at: (https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/calculators-and-resources/policy-guidelines).

These are useful for preparing for a hearing, but Arbitrators have the discretion to decide when and how to apply Policy Guidelines. Most RTB hearings are now conducted via telephone. However, there are still some in-person or written hearings.

NOTE: Prior to an arbitration hearing, an Information Officer may assist landlords and tenants by providing information about the procedure for resolving disputes but will not help complete forms.

a) Telephone Hearings

Parties should join the conference call in a quiet place where they will not be interrupted. Parties should not try to call about 5 minutes before the start of the hearing. It is important that parties check they have the correct telephone code. If a hearing has been adjourned or continued from an earlier hearing, the code may be different than the previous one.

Telephone hearings are usually scheduled for one hour exactly. If the hearing is not finished at this time, the Arbitrator may extend the hearing or schedule another conference call to continue the hearing. This may be several weeks or months after the first hearing. It is important that parties be focused on the outcome they wish to achieve and that their documents are carefully organized and page numbered so that time is not wasted searching for documents and other evidence.

b) In-Person and Written Hearings

In-person or written hearings are rare and will generally only occur at the request of one or both parties, to account for unusual circumstances or needs of one or both parties. For more information on alternative hearing formats, see RTB Policy Guideline no. 44: “Format of Hearings” (online at http://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl44.pdf)

c) Expedited Hearings

Expedited hearings are for applications that are very urgent and if it would be unfair for the applicant to wait for a standard hearing. They are usually limited to early ending of tenancy, an order of possession for a tenant, and emergency repairs. Usually, the branch tries to schedule them for a hearing within 12 days from the date the application is made. In cases where there is evidence that violence has occurred, health and safety are severely jeopardized or there is a demonstrable immediate danger or threat, the branch may schedule it for a hearing within six days. Evidence must be submitted with the application. More details including how to apply are available online at: https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/dispute-resolution/expedited-hearings)

d) Evidence

The RTB Rules of Procedure state that, to the extent that it is possible, an applicant must submit their evidence with their application and serve a copy of that evidence when they serve the Notice of Hearing. However, if this is not possible, the RTB and the respondent must receive a copy of all the applicant’s evidence no less than 14 days prior to the hearing; the respondent’s evidence must be received by the RTB and the applicant no less than 7 days prior to the hearing. However, arbitrators have the authority to extend the time limit to serve the Notice Package if they find that the Package was sufficiently served for the Act on a later date. Evidence can be submitted online, in person or by mail or fax.

(1) Online
Where possible, parties should submit evidence digitally. Parties can submit evidence online using the dispute access site (https://tenancydispute.gov.bc.ca/DisputeAccess/ #login-page) any time before the deadline. Note that RTB imposes restrictions on the format, size, or amount of evidence submitted or exchanged during the dispute resolution process. For more information, visit https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/apply-online/prepare-for-a-hearing/choosing-and-preparing-evidence#digital.
A party must submit digital evidence together with an accompanying description and comply with 3.10.1 of the RTB Rules of Procedure. Parties who serve digital evidence on other parties must provide the information required under Rule 3.10.1 using Digital Evidence Details (form RTB-43) and in a manner that is accessible to the other party. Parties should always confirm that the other party and the RTB have gained access to the digital evidence before the hearing. No additional evidence may be submitted after the dispute resolution hearing starts except as directed by the arbitrator.
(2) In person
Evidence can be submitted at any Service B.C. office, or at the Residential Tenancy Branch office in Burnaby. The applicants will need their file number and dispute access code.
Parties who submit digital evidence in person must do so by providing a copy of the evidence on a memory stick, compact disk, or DVD or using a method requested by the RTB or Service BC with a printed accompanying description.
(3) Mail or Fax
Evidence can be mailed to “Residential Tenancy Branch #400-5021 Kingsway, Burnaby, B.C. V5H 4A5” or fax to 604-660-2323 (lower mainland) or 1-866-341-1269 (outside the lower mainland).
A party who submits evidence must keep an exact copy of the evidence they submitted for not less than two years after the date on which the dispute resolution proceeding, including any reviews, concludes. The RTB will not return copies of evidence submitted during the dispute resolution process.

Evidence should be clearly marked and numbered so that all parties involved can easily locate the relevant documents when necessary. If evidence submitted is not in an acceptable format or quality to support a fair and appropriate dispute resolution process, the arbitrator may require the person who submitted the evidence to resubmit it in a different format or resubmit exact copies.

All evidence must be relevant to the claim(s) being made in the Application(s) for Dispute Resolution. The arbitrator has the discretion to decide whether evidence is or is not relevant to the issues identified on the application and may decline to consider evidence that they determine is not relevant. An Arbitrator is not bound by the traditional rules of evidence (RTA s 75).

Rule 3.17 requires that both parties must have the opportunity to be heard on the question of prejudice arising from accepting late evidence. In Khan v Savino, 2020 BCSC 555, the applicant was late to the 14-day deadline by one day, but the arbitrator failed to seek submissions regarding prejudice arising from accepting the late evidence from both parties at the hearing. This was a ground for voiding the result at the dispute resolution and returning the decision to the RTB for re-determination.

The RTB’s definition of “days” is as follows, taken from page 4 of the Dispute Resolution Rules of Procedure, located on the RTB’s website at https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/rop.pdf

a) If the time for doing an act falls or expires on a holiday, the time is extended to the next day that is not a holiday
b) If the time for doing an act in a government office falls or expires on a day when the office is not open during regular business hours, the time is extended to the next day that the office is open
c) In the calculation of time expressed as clear days, weeks, months or years, or as "at least" or "not less than" a number of days, weeks, months or years, the first and last days must be excluded
d) In the calculation of time not referred to in subsection (c), the first day must be excluded and the last day included

If a witness cannot attend, the Arbitrator may accept affidavits (however, written statements may suffice) and may take testimony over the phone. If a party thinks a witness has something to contribute to their case but the witness refuses to cooperate, the party can then request in advance or at the hearing that the Arbitrator summon that witness (RTB Rules of Procedure s. 5.3 - 5.5).

The applicant should always submit proof of service (i.e. proof that the other side received the Notice of Hearing package) to the RTB. The proof of service will have to be presented if the respondent does not attend – to prove that the applicant served the Notice of Hearing on the respondent. If it was served in person, the person who served the documents should be at the hearing or should have provided an affidavit of service to the applicant. Proof of service of any evidence not served with the Notice of Hearing should also be submitted to the RTB.

4. The Arbitrator’s Decisions

The Arbitrator may render a decision at the end of the hearing and will make a written decision following the hearing. Pursuant to s 77(1) of the RTA, the written decision and reasons must be provided within 30 days. If a party, pursuant to s 78 of the RTA completes a form requesting correction of a technical error, omission, or clarification within 15 days of the decision being given, such amended decision or clarification must be provided within 30 days.

The Arbitrator’s order is final and binding but may be reviewed in limited circumstances (s 79).

5. Amendments to Decisions/Orders

On an Arbitrator’s initiative, or at the request of a party, the Arbitrator may correct technical errors, or within 15 days, clarify a decision, reason, or inadvertent omissions in a decision or order the Arbitrator may also require that notice of a request be given to the other party. The Arbitrator shall not exercise this power unless the Arbitrator considers it just and reasonable in the circumstances (RTA, s 78(3)).

The RTB continues to amend its Policy Guidelines on key issues under the RTA. There are now over 40 detailed RTB Policy Guidelines available that ensure more consistency in dispute resolution decisions, and which should be reviewed in preparation for any hearing. They can found online at https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/calculators-and-resources/policy-guidelines. However, Arbitrators will not be required to consult the Guidelines.

C. Enforcing the Arbitrator’s Order

NOTE: If a successful party has any concerns about the ability to serve an order, they should request an order under RTA, s 71(1) and (2) permitting alternate means of service. An example of such an order would be one that permits serving a document at a tenant’s workplace rather than at their new home.

1. Enforcing a Monetary Order

The Arbitrator may order the tenant or landlord to pay a monetary amount or to bear all or part of the costs of dispute resolution (RTA, s 67). Enforcement of the order is the sole responsibility of the applicant. If the monetary order is in favour of a tenant still living in the rental unit owned by the landlord that the order is against, the Arbitrator may direct the tenant to deduct the award from the rent (RTA, s 65(1)(b)). Rent should not be withheld unless the decision explicitly states this is allowed. If the monetary order is in favour of a landlord still holding all or part of the security deposit paid by the tenant, it may be deducted from the tenant’s security deposit. If neither of these situations applies, one should give the other party a written request for payment stating the amount owing and requesting payment by the date on the order or within a reasonable time.

If the other party still does not pay, the order can be filed in the Small Claims Court.

2. Enforcing a Repair Order

If a landlord fails to make repairs as ordered by an Arbitrator, the tenant can apply for an order requiring compliance. The order to comply may include an order that the landlord reduces the rent until the repairs are complete.

3. Enforcing an Order of Possession

The purpose of an Order of Possession is to gain vacant possession of the rental premises. The landlord should first give a copy of the Order of Possession to each person named in the order. The best way to do this is to hand the copy to the other parties personally or by registered mail. The RTA also permits for the Order of Possession to be posted on the tenant’s door. The tenant should be asked to move out of the rental unit within the period given in the order. If a tenant does not comply with the order, the landlord must not attempt to physically remove the tenant by their own means (RTA, s 57(2)), as this is unlawful. Bailiff services, described below, can be used to remove the tenant lawfully.

a) Use of Bailiff Services

If the tenant does not comply with the order and does not vacate the rental unit on the date specified on the order, the Order of Possession can be filed in the Supreme Court of B.C. Registry. The landlord must obtain a Writ of Possession in the Supreme Court and contact a court bailiff service. The Writ of Possession can then be executed by the court bailiff.

Court bailiffs carrying out an eviction can seize and sell tenants’ personal property to pay their fees. Tenants have the right to claim exemptions to protect certain items, and bailiffs will often give tenants an opportunity to claim these exemptions when they first show up at the rental unit. Tenants should contact the bailiff company right away if their belongings are taken before they have a chance to claim the exemptions. Tenants must claim their exemptions within two days of the date they found out that their property was seized.

b) Role of the Police

Neither the police nor the RCMP has the authority to evict tenants. The police may attend the occasion to prevent a breach of peace, but they cannot play any role in evicting the tenant. However, the police will attend and remove the tenant if required to do so by the court bailiff.

4. Non-Compliance

Under s 87(3) and s 87(4) of the RTA, administrative penalties of up to $5,000 per day may be imposed against landlords for contravening the RTA, the Regulations, or an order. Administrative penalties are rarely, if ever, imposed and according to the RTB guidelines, such penalties are to be used only in response to “serious, repeated non-compliance.”

The RTB has established a Compliance and Enforcement Unit to conduct investigations of repeated or serious non-compliance with tenancy laws or orders of the Residential Tenancy Branch, issue warnings to ensure compliance, and if necessary, administer monetary penalties.

The Compliance and Enforcement Unit only handles cases in which all attempts to resolve the issue through the RTB have been made, yet there is still no compliance. Usually, the first step that the unit takes would be simply informing the parties of their responsibilities.

Examples of matters that the unit investigates:

  • Renters repeatedly not paying rent
  • Landlords repeatedly attempting to evict renters illegally
  • Refusal to complete health and safety repairs; and
  • Illegal rent increases

D. Serving Documents: Giving and Receiving Notice under the RTA

The rules for serving the other party with documents depend on what is being served, and who is being served. This section sets out the basics of service, but for more detail or to check the requirements for your specific situation, you may need to check the Residential Tenancy Branch’s Residential Tenancy Policy Guideline 12.

1. Service Methods

Generally, items can be served in any of the ways listed below. Some items must be served in particular ways. For details on items that must be served only in certain ways, see the relevant section below.

Different service methods are “deemed” or considered served at certain times after the date on which they are served. Note that, if there is proof that the document was actually received earlier than the date it is deemed to be received, the document may be considered received on the day it was actually received.

a) Personal Service

For tenants serving a landlord, the tenant must serve by leaving a document by leaving a copy with the landlord or landlord’s agent. For a landlord serving a tenant, the landlord must leave a copy with the tenant, and in a case with multiple tenants, with each co-tenant separately.

Personal service requires physically handing a copy of the document to the person being served, and, if the person declines the document, leaving a copy of the document near the person, and informing the person being served of the nature of the document.

Persons can be served anywhere the person serving has legal access to, including in public streets and other publicly- or privately-owned areas open to the public.

b) Registered Mail

You may serve these items by sending them by registered mail (any Canada Post service with delivery confirmation to a named person) to the address for service of the other party. For landlords, this is where the landlord lives or carries on business as a landlord. This address may be listed on the lease or other document related to the tenancy. For tenants, this is the address where the tenant resides at the time of mailing or the forwarding address provided by the tenant.

Records indicating that a person refused to accept a piece of registered mail are considered proof of service. Registered mail is deemed received on the fifth day after mailing.

c) Ordinary Mail

This method is the same as service by registered mail, except that it is sent by ordinary postal service. Ordinary mail is deemed received on the fifth day after mailing.

d) Leaving a Copy of the Document at the Person’s Residence with an Adult Person who Apparently Resides with the Person to be Served

This method involves leaving the document with a person 19 years or older who, from what can be seen, observed, and is evident from all the circumstances, resides with the person to be served. Such documents are considered personally served, and so considered served on the day they are delivered.

e) Leaving a Copy of the Document in a Mailbox or Mail Slot

This method involves leaving the document in a mailbox or mail slot. For serving tenants, this would be the place where the person to be served resides at the time of service. For landlords, this would be at the address for service identified in the tenancy agreement or on the Notice to End Tenancy the tenant is contesting, or the place where the person to be served carries on business as a landlord. You must make sure that the mailbox or mail slot truely belongs to the person being served, particularly where there are multiple boxes or slots for one building.

Documents left in a mailbox or mail slot are considered served on the third day after they are left.

f) Posting

This method involves attaching a copy of the document to a door or other conspicuous place (a place that is clearly visible and likely to attract notice or attention). Placing a copy of the item under a door is not sufficient for service by “posting”. For serving tenants, this would be where the person resides at the time of service, and for serving landlords, this would be at the address for service identified in the tenancy agreement or on the Notice to End Tenancy the tenant is contesting, or the place where they carry on business as a landlord.

Documents served by posting are considered served on the third day after they are attached.

g) Fax

You can serve a party by fax if they have provided a fax number as their address for service.

Documents served by fax are considered served on the third day after faxing them.

h) Substituted Service

If none of the above options are feasible, the Residential Tenancy Branch may order another type of service. In applying for substituted service, you must show that the party being served cannot be served by any of the methods listed and that there is a reasonable expectation that they will receive the documents if served in the manner being proposed.

i) Email

You can serve a party by email to an email address provided for service. The documents are considered served 3 days later when the tenant does not say or show that they received it on an earlier date.

2. Requirements for Specific Documents

a) Application for dispute resolution or Residential Tenancy Branch decision to proceed with a review of a decision

These items, except for applications by landlords for an order of possession or an order ending a tenancy early, may only be served by personal service, registered mail, or by another service method authorized by an order for substituted service.

b) Application by a landlord for an order of possession or an order ending tenancy early

These items can only be served by personal service, registered mail, posting, or by another service method authorized by an order for substituted service.

3. Address at Which the Landlord Carries on Business as a Landlord

To quote from RTB policy guideline #12: “A landlord may operate a business as a landlord from one location and operate another business from a different location. The Legislation does not permit a tenant to serve a landlord in one of the ways set out above at the address where the landlord carries on that other business unless the landlord also carries on their business as a landlord at that same address.

If the landlord disputes that they have been served in one of the permitted ways at the address where they carry on business as a landlord, or if the landlord does not attend the hearing, the tenant will have to provide sufficient evidence to the Arbitrator to prove that the address used is, in fact, the address at which the landlord carries on business as a landlord.” (BC Residential Tenancy Branch Policy Guideline no. 12: Service Provisions, BC Residential Tenancy Branch, March 2016).

The address at which the landlord carries on business as a landlord may be:

  • Set out in the tenancy agreement;
  • The landlord’s office or resident manager’s suite in an apartment building;
  • The address where the landlord resides;
  • A separate business address in an office or storefront location.

4. Proof of Service

Where service has been affected and a party fails to appear at a hearing, the other party should be prepared to prove that service was affected.

For personal service, this can be done by having the person who actually served the other party appear as a witness at the hearing or provide a signed statement with details about service. For personal service on another adult apparently residing with the other party, details should be included about the date and time of service, identity of the person served, and description of how it was confirmed that the person apparently resides with the party being served.

For registered mail, a Canada Post tracking printout providing information about the delivery of the registered mail item and the signature of the recipient will suffice. Policy Guideline 12 states that intentional refusal to pick up registered mail does not rebut the deemed receipt provisions, so if the tracking report shows that the mail was refused by the recipient, a party should still be able to argue that the documents were properly served. Proof of service by other methods should include details about the date, time, identity of persons served, address where notice was posted, fax number or mailbox information, and any other relevant information. Photographs of service can be valuable in proving that service occurred.

E. Review of Arbitrator’s Decision

1. Application for Review of Arbitrator's Decision

Under the RTA, s 79(2), an application may be made for Review of the Decision or Order, only if:

a) the party was not able to attend the original hearing due to circumstances that could not be anticipated and were beyond their control;
b) there is new and relevant evidence that was not available at the time of the original hearing; or
c) a party has evidence that the Arbitrator’s decision or order was obtained by fraud.

The Application for Review does not include an oral hearing. The written application for review must, therefore, be complete and exact, with all necessary documents attached. Note that an Application for Review is not an opportunity to re-argue the facts of the case.

NOTE: There is a filing fee, which cannot be recovered, but which can be waived under the same circumstances for which the original application fee can be waived.
NOTE: Martin v. Barnett, 2015 BCSC 426 stands for the principle that a party must exhaust statutory review procedures before bringing an application for judicial review, but where the RTB does not have the power on reconsideration to encompass the alleged error (i.e. where the alleged error does not fall within one of the three grounds for Review Consideration), then reconsideration cannot be considered an adequate alternative to judicial review, and a party is permitted to proceed directly to judicial review. Where the error does fall within the reconsideration power of the RTB, the party must bring a reconsideration application. If they are dissatisfied with that result, a party can judicially review the review consideration decision. Wang v. Hou, 2019 CBC 353 adds that procedural fairness issues that cannot be raised on reconsideration can be the basis for independent judicial review of both original decisions and review consideration decisions if either raise procedural fairness issues.

2. Time Limits for Launching a Review

There are strict time limits in the RTA for launching a review. For orders of possession (s 54, 55, 56, 56.1), unreasonable withholding of consent (s 34 (2)) and notice to end tenancy for non-payment of rent (s 46) the time limit is two days. For a notice to end a tenancy agreement other than under s 46, repairs or maintenance under s 32, and services or facilities under s 27, the time limit is five days. For other orders, the time limit is 15 days (RTA s 80).

A review application is not a stay of proceedings but can act as one since court enforcement of an Arbitrator decision requires the landlord/tenant applying for the enforcement to swear to court that they have confirmed with RTB that there is no review application consideration pending. A stay of proceedings can also be requested separately through the Supreme Court.

3. Successful Application for Review

If a party is successful in their Application for Review, that person will receive a written decision from the Arbitrator permitting the review to proceed. The original decision would be set aside, and a new hearing date would be scheduled.

The Arbitrator’s decision permitting review must be served on the other side within three days of receiving the decision. The same method of service must be used as outlined above for a Notice of Hearing package.

4. Review by the Supreme Court of B.C.

An Arbitrator’s decision can also be reviewed by the Supreme Court of B.C. under the Judicial Review Procedure Act, RSBC 1996, c 241. The RTA contains a privative clause (s 84.1) which narrows the scope of the review. It is not a new trial. The Supreme Court of B.C. generally would conduct a review if there were:

  • Patently unreasonable error of fact or law
  • Breach of procedural fairness

When a decision is overturned by the court, the case is usually returned to an Arbitrator to be reheard. Due to the complexity of operating in the B.C. Supreme Court, a lawyer should be involved for a judicial review in B.C. Supreme Court. It is important to get legal advice and act quickly. The Community Legal Assistance Society (CLAS) (604-685-3425) is available to assist with judicial reviews of Arbitrators’ decisions where the decision relates to an eviction notice. TRAC’s Housing Law Clinic may also assist with judicial review of RTB Decisions: https://tenants.bc.ca/get-help/legal-representation/. For more information on grounds on grounds for judicial review, see judicialreviewbc.ca.

NOTE: Losing a judicial review may result in an award of costs, meaning that the losing party must pay the legal costs of the other party.

5. Filing Complaints to the RTB

Complaints about information officers, dispute resolution hearings, or general services of the RTB must be put into writing and mailed to HSRTO@gov.bc.ca or the Executive Director of the RTB:

P.O. Box 9844 Stn Prov Govt
Victoria, B.C. V8W 9T2

Complaints can also be made to the BC Ombudsperson. More information can be found at www.ombudsman.bc.ca.

Note that the BC Ombudsperson does not review decisions; they can only investigate complaints where a person feels that RTB staff has treated them unfairly.


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