Rtb Rules Of Procedure
Residential Tenancy Branch
Rules of Procedure
These Rules of Procedure take effect at 8:00 AM PST on September 16, 2025
page 1
Table of Contents
Table of Contents ............................................................................................................ 1
Definitions 7
Rule 1 – Objective ......................................................................................................... 10
1.1 Objective ........................................................................................................ 10
Rule 2 – Making a claim ................................................................................................ 11
2.1 Starting an Application for Dispute Resolution ............................................... 11
2.2 Identifying issues on the Application for Dispute Resolution .......................... 11
2.3 Related issues ............................................................................................... 11
Filing an application....................................................................................................... 11
2.4 Submit an Application for Dispute Resolution ................................................ 11
2.4.1 Communications and party contact information ............................................ 11
2.5 Documents that must be submitted with an Application for Dispute Resolution
11 2.6 Point at which an application is considered to have been made .................... 12 2.7 One or more respondents .............................................................................. 12 2.8 Maximum amount of monetary claim ............................................................. 12 2.9 No divided claims ........................................................................................... 12 2.10 Joining applications ....................................................................................... 13 Making a cross-application for Dispute Resolution ........................................................ 13 2.11 Filing an Application for Dispute Resolution to counter a claim..................... 13 2.12 Identify file being countered .......................................................................... 13 2.13 Point at which a cross-application is considered to have been made ........... 13 2.14 Scheduling a Cross-Application for Dispute Resolution ................................ 14 Rule 3 – Serving the application and submitting and exchanging evidence .................. 14 3.0.1 Digital submission of evidence ...................................................................... 14 3.0.2 Restrictions on evidence format, size, or amount ......................................... 14 3.0.3 Paper evidence ............................................................................................. 14 3.0.4 Party must maintain exact copy of evidence ................................................. 14 3.0.5 Residential Tenancy Branch will not return copies ........................................ 14 3.0.6 Conversion of the format of evidence ........................................................... 14
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Rules of Procedure
These Rules of Procedure take effect at 8:00 AM PST on September 16, 2025
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3.0.7 Quality of evidence ........................................................................................ 15
3.1 Documents that must be served with the Notice of Dispute Resolution
Proceeding Package .......................................................................................... 15
3.1.1 Indicating service of the Notice of Dispute Resolution Proceeding Package .. 15
3.1.2 Reinstating a proceeding adjourned under Rule 3.1.1 ................................... 15
3.1.3 Applications excluded from rules 3.1.1 and 3.1.2 ........................................... 15
3.2 Repealed and replaced by Rule 10 ................................................................ 16
3.3 Evidence for Cross-Application for Dispute Resolution .................................. 16
3.4 If a respondent avoids service ....................................................................... 16
3.5 Proof of service required at the dispute resolution hearing or facilitated
settlement conference ........................................................................................ 16
3.6 Evidence must be relevant ............................................................................. 16
3.7 Evidence must be organized, clear and legible .............................................. 17
3.7.1 Redacting information from evidence .......................................................... 17
3.8 Original evidence ........................................................................................... 17
3.9 Physical evidence .......................................................................................... 18
3.10 Digital evidence ............................................................................................. 18
3.10.1 Description and labelling of digital evidence ................................................ 18
3.10.2 Digital evidence uploads .............................................................................. 18
3.10.3 Digital evidence submitted directly to the Residential Tenancy Branch or
through Service BC ............................................................................................ 18
3.10.4 Digital evidence served to other parties ....................................................... 19
3.10.5 Confirmation of access to digital evidence ................................................... 19
3.10.6 Sharing settings when using a File Hosting Service .................................... 20
3.11 Unreasonable delay ...................................................................................... 20
3.12 Willful or recurring failure .............................................................................. 20
3.13 Applicant evidence provided in single package ............................................. 20
3.14 Evidence not submitted at the time of Application for Dispute Resolution .... 20
3.15 Respondent’s evidence provided in single package ..................................... 21
3.16 Respondent’s proof of service ....................................................................... 21
3.17 Consideration of new and relevant evidence ................................................ 21
3.18 Evidence not received by the arbitrator or case facilitator ............................. 21
3.19 Submitting evidence after the hearing starts ................................................. 22
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Rules of Procedure
These Rules of Procedure take effect at 8:00 AM PST on September 16, 2025
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Rule 4 – Amending an Application for Dispute Resolution ............................................ 22
4.1 Amending an Application for Dispute Resolution ........................................... 22
4.2 Amending an application at the hearing ......................................................... 22
4.2.1 Removing claims made in the application at the hearing ............................... 22
4.3 Time limits for amending an application ......................................................... 22
4.4 Paying additional fee when amending a claim ............................................... 23
4.5 Accepting an Amendment to an Application for Dispute Resolution .............. 23
4.6 Serving an Amendment to an Application for Dispute Resolution .................. 23
4.7 Objecting to a proposed amendment ............................................................. 23
Rule 5 – Before the hearing or conference .................................................................... 23
5.0.1 Withdrawal of an Application for Dispute Resolution ..................................... 23
Rescheduling ................................................................................................................ 25
5.1 Rescheduling a dispute resolution hearing or facilitated settlement conference
25 5.2 If agreement to reschedule a dispute resolution hearing cannot be obtained 25 5.2.1 If agreement to reschedule a facilitated settlement conference cannot be obtained .............................................................................................................. 25 Summons to attend or produce evidence for hearings .................................................. 25 5.3 Application for a summons ............................................................................. 25 5.4 When a request for a summons may be made .............................................. 26 5.5 Witness compensation ................................................................................... 26 Rule 6 – Pertaining to the hearing in general ................................................................ 26 6.1 Arbitrator’s role ............................................................................................... 26 6.2 What will be considered at a dispute resolution hearing ................................ 26 6.3 Format of dispute resolution hearing .............................................................. 26 6.4 A party may request that the hearing be held in a specific format .................. 26 6.5 Opportunity to be heard on a request for a specific format ............................ 27 6.6 The standard of proof and onus of proof ........................................................ 27 6.7 Party may be represented or assisted ........................................................... 27 6.8 Proof of authority to act .................................................................................. 27 6.9 Communication with the arbitrator ................................................................. 28 6.10 Interruptions and inappropriate behaviour at the dispute resolution hearing . 28 Recording of hearings ................................................................................................... 28
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Rules of Procedure
These Rules of Procedure take effect at 8:00 AM PST on September 16, 2025
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6.11 Recording of Teleconference Hearings ......................................................... 28
6.12 Use of Recordings ........................................................................................ 28
6.13 Restricted Use of Recordings ....................................................................... 28
Rule 7 – During the hearing .......................................................................................... 28
7.1 Commencement of the dispute resolution hearing ......................................... 28
7.2 Delay in the start of a hearing ........................................................................ 29
7.3 Consequences of not attending the hearing................................................... 29
7.4 Evidence must be presented .......................................................................... 29
7.4.1 Settlement discussions will not be considered as evidence .......................... 29
Introductory matters ...................................................................................................... 29
7.5 Introduction to the dispute resolution hearing ................................................ 29
7.6 Identification of people present at a dispute resolution hearing ..................... 29
7.7 Preliminary matters ........................................................................................ 29
Adjourning a hearing ..................................................................................................... 29
7.8 Adjournment after the dispute resolution hearing begins ............................... 29
7.9 Criteria for granting an adjournment .............................................................. 30
7.10 Mandatory attendance .................................................................................. 30
7.11 Refusing a request for adjournment .............................................................. 30
Amending an Application for Dispute Resolution at the Hearing ................................... 30
7.12 Amending an application at the hearing ......................................................... 30
7.12.1 Removing claims made in the application at the hearing ............................. 30
7.13 Objecting to a proposed amendment ........................................................... 31
Adding additional parties ............................................................................................... 31
7.14 Request that another person be added to a proceeding ............................... 31
7.15 Determining that another person be added as a party .................................. 31
7.16 Making orders regarding service ................................................................... 31
7.17 Issuing orders affecting an added party ........................................................ 31
7.18 Notice to materially affected tenant(s) ........................................................... 32
Presentation of evidence at the hearing ........................................................................ 32
7.19 Presentation of evidence............................................................................... 32
7.20 Order of presentation .................................................................................... 32
7.21 Witnesses’ attendance at the dispute resolution hearing .............................. 32
7.22 Exclusion of witnesses and others ................................................................ 32
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These Rules of Procedure take effect at 8:00 AM PST on September 16, 2025
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Questions regarding evidence ....................................................................................... 32
7.23 Cross-examination ........................................................................................ 32
7.24 Questions asked through the arbitrator ......................................................... 33
7.25 Questions by the arbitrator ............................................................................ 33
Rule 8 – Conclusion of a dispute resolution hearing ..................................................... 33
8.1 Ending the dispute resolution hearing ............................................................ 33
8.2 Reconvening the dispute resolution hearing .................................................. 33
8.3 Concluding the dispute resolution proceeding ............................................... 33
8.4 Decision and orders based on a settlement ................................................... 33
8.5 Dispute resolution hearing ended without the parties reaching agreement .... 33
8.6 Service of order .............................................................................................. 33
8.7 Original decision ............................................................................................ 34
8.8 Original order ................................................................................................. 34
Rule 9 – Miscellaneous ................................................................................................. 34
9.1 Non-compliance will not stop or nullify a proceeding ..................................... 34
9.2 Conflicts between the Rules of Procedure and the Act .................................. 34
9.3 Effective date of these Rules of Procedure .................................................... 34
9.4 Continued application of the former version of the Rules of Procedure ......... 34
Rule 10 - Expedited Hearings ....................................................................................... 35
10.1 Director’s powers if a dispute qualifies for an expedited hearing .................... 35
10.1.1
Application of Rule 10 ................................................................................ 35
10.1.2
Other applications ...................................................................................... 35
10.1.3
No reasonable grounds for application under Rule 10.1.1 ......................... 35
10.2 Applicant’s evidence for an expedited hearing ............................................... 35
10.3 Serving the notice of dispute resolution proceeding package ........................ 36
10.4 Respondent’s evidence for an expedited hearing .......................................... 36
10.5 Time limit for respondent’s evidence .............................................................. 36
10.6 Late evidence ................................................................................................. 36
10.7 Amending an application for an expedited hearing ........................................ 36
10.8 Cross-applications will be heard separately ................................................... 36
10.9 Proof of Service .............................................................................................. 36
10.10 A party may request that the expedited hearing be held in a specific format . 37
Rule 11 – Proceedings for Additional Rent Increase for Capital Expenditures .............. 37
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Rules of Procedure
These Rules of Procedure take effect at 8:00 AM PST on September 16, 2025
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11.1 Documents that must be served with the Notice of Dispute Resolution
Proceeding Package .......................................................................................... 37
11.2 Evidence not submitted at the time of Application for Additional Rent Increase
for Capital Expenditures ..................................................................................... 37
11.3 Respondent’s evidence for an Additional Rent Increase for Capital
Expenditures Proceeding ................................................................................... 37
11.4 Applicant must submit documentation related to ineligibility criteria ............... 38
11.5 Written submissions by respondents ............................................................ 38
Rule 12 – Facilitated Settlement Process ...................................................................... 38
Overview of Facilitated Settlement Process .................................................................. 38
12.1 Applications that will generally be prioritized for the facilitated settlement
process ............................................................................................................... 38
12.1.1 Applications that will not be considered for the facilitated settlement process
38 12.2 Case facilitator’s role ...................................................................................... 39 12.3 Consequences of not attending the conference ............................................. 39 Conduct of Facilitated Settlement Process .................................................................... 39 12.4 A party may request that the conference be held in a specific format ............ 39 12.5 Party may be represented or assisted ............................................................ 39 12.6 Proof of authority to act .................................................................................. 39 12.7 Communications with the parties during the facilitated settlement process.... 39 12.8 Interruptions and inappropriate behaviour at the facilitated settlement conference .......................................................................................................... 40 12.9 Case facilitator can schedule additional facilitated settlement conferences ... 40 Recordings of Facilitated Settlement Conferences ....................................................... 40 12.10 Recording of Facilitated Settlement Conferences .......................................... 40 12.11 Use of Recordings .......................................................................................... 40 12.12 Restricted Use of Recordings ......................................................................... 40 Evidence in the facilitated settlement process ............................................................... 40 12.13 Application of Rule 3 ...................................................................................... 40 12.14 Evidence not provided or received by the case facilitator before the facilitated settlement conference ........................................................................................ 41 Amending and Modifying an Application for Dispute Resolution in the Facilitated Settlement Process ...................................................................................... 41 12.15 Amending an application ................................................................................ 41
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Rules of Procedure
These Rules of Procedure take effect at 8:00 AM PST on September 16, 2025
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12.16 Opportunity to add party or revise claims during facilitated settlement
conference .......................................................................................................... 41
12.17 Claims not named in the Application for Dispute Resolution .......................... 41
12.18 Updates to application moved to a hearing .................................................... 41
Agreement-Based Activities during Facilitated Settlement Process .............................. 41
12.19 Agreements made during facilitated settlement process ................................ 41
12.19.1 Outstanding claims in application for dispute resolution ............................. 42
12.19.2 Outstanding claims in cross-application ...................................................... 42
12.20 Direct resolution of claims by case facilitator .................................................. 42
12.21 Dismissals of Applications .............................................................................. 42
Resolution due to lack of participation ........................................................................... 42
12.22 Applicant does not attend facilitation conference ........................................... 42
12.23 Respondent does not attend facilitation conference ....................................... 43
Moving an application to a dispute resolution hearing ................................................... 43
12.24 Authority to move application for dispute resolution for hearing at any time ... 43
12.25 Unresolved claims following facilitated settlement conference ....................... 43
12.26 Case facilitator can assist parties prepare for dispute resolution hearing....... 43
Changes to Rules of Procedure .................................................................................... 43
Appendix: Applications that will generally be prioritized for the facilitated settlement
process (Rule 12.1) ....................................................................................................... 48
Definitions Act the Residential Tenancy Act and/or Manufactured Home Park Tenancy Act, as applicable. Adjournment the determination by the director that a dispute resolution proceeding will be reconvened at a later date, either at the request of one or both of the parties, or on the director’s own initiative. Agent a person appointed by a party to act on that party’s behalf. Applicant a landlord or tenant who applies for dispute resolution by completing an Application for Dispute Resolution, having it accepted by the Residential Tenancy Branch and paying any required fee. Arbitrator an independent decision-maker delegated by the director of the Residential Tenancy Branch to conduct dispute resolution proceedings and make final and binding decisions. In these Rules,
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Rules of Procedure
These Rules of Procedure take effect at 8:00 AM PST on September 16, 2025
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this term is also used to refer to an adjudicator, who is delegated by
the director of the Residential Tenancy Branch to conduct certain
types of dispute resolution proceedings and make final and binding
decisions.
Case
Facilitator
an independent decision-maker delegated by the director of the
Residential Tenancy Branch to assist the parties to an application for
dispute resolution to resolve their dispute.
Cross-
application
an Application for Dispute Resolution made in response to an existing,
related Application for Dispute Resolution.
Days1
a) If the time for doing an act in relation to a Dispute Resolution
proceeding 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 (such as the
Residential Tenancy Branch or Service BC) 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.
Decision
a conclusion or determination of the arbitrator or case facilitator which
legally resolves the matters outlined in the Application for Dispute
Resolution, including orders, if necessary to implement the decision.
Dispute
resolution
hearing
a process during which an arbitrator will give the parties to the dispute
an opportunity to present evidence and arguments and to question the
other party either by teleconference, in-person, or by written
submissions. In these Rules, this is also referred to as a “hearing”.
Dispute
resolution
proceeding
a) a legal proceeding initiated by a landlord or a tenant by filing an
Application for Dispute Resolution for the purpose of resolving
one or more issues in dispute. One or more dispute resolution
processes can be used to resolve issues in dispute during a
proceeding, including: a facilitated settlement process in which a
case facilitator assists the parties to resolve their dispute by
reaching an agreement;
b) a process conducted by an arbitrator that resolves disputes
without a formal hearing, and after which the arbitrator makes a
decision and/or order (referred to as a “direct request”); and
1 This definition applies whether or not an act can be carried out using an online service.
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These Rules of Procedure take effect at 8:00 AM PST on September 16, 2025
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c) a formal dispute resolution proceeding at which an arbitrator will
give the parties to the dispute an opportunity to present evidence
and argument and to question the other party, and after which
the arbitrator makes a decision and/or order.
At the discretion of the director, a dispute resolution proceeding may
be conducted by conference call, through written submissions or in
person, or any combination of these methods.
Director of
the
Residential
Tenancy
Branch
the person appointed under section 8 of the Act to assist landlords
and tenants to resolve disputes about issues that are under the
jurisdiction of the Act. When “director of the Residential Tenancy
Branch” is used in these Rules, the Rule should be read as applying
only to the director of the Residential Tenancy Branch and not to
delegates of the director of the Residential Tenancy Branch.
Director
the person appointed under section 8 of the Act to assist landlords
and tenants to resolve disputes about issues that are under the
jurisdiction of the Act, and includes those individuals to whom a
power, duty or function of this person has been delegated under
section 9.1(1) of the Act. The director has delegated their authority to
resolve disputes to arbitrators and case facilitators. When “director” is
used in these Rules, the Rule should be read as applying to the
director of the Residential Tenancy Branch as well as arbitrators and
case facilitators. When the Rule only applies to either arbitrators or
case facilitators, the specific position title will be used.
Evidence
any type of proof presented by the parties at a dispute resolution
proceeding in support of the case, including:
• written documents, such as the tenancy agreement, letters,
copies of emails, receipts, pictures and the sworn or unsworn
statements of the witnesses;
• photographs, video recordings, audio recordings; and
• oral statements of the parties or witnesses given under oath or
affirmation.
Facilitated
Settlement
Conference
a meeting between the parties to an application for dispute resolution
as part of the facilitated settlement process during which the case
facilitator assists the parties to resolve their dispute. In these Rules,
the facilitated settlement conference is also referred to as a
“conference.”
Facilitated
Settlement
Process
a process during which a case facilitator assists the parties to an
application for dispute resolution to resolve their dispute. As part of
this process, the Residential Tenancy Branch schedules a facilitated
settlement conference.
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These Rules of Procedure take effect at 8:00 AM PST on September 16, 2025
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Party
the applicant or respondent named on the Application for Dispute
Resolution or added to the application by an arbitrator, and an officer
representing a business named in the application, but does not
include witnesses, family members, and other persons not named on
the application. “Party” may include multiple applicants or
respondents.
Reasons
the grounds and conclusions on which an arbitrator has based a
decision, including both findings of fact and law.
Relevant
evidence is relevant if it relates to or bears upon the matter at hand or
tends to prove or disprove an alleged fact. Argument is relevant if it
relates to or bears upon the matter at hand.
Respondent
the landlord or tenant against whom the Application for Dispute
Resolution has been made; sometimes called the “other party.”
Schedule
the act of the Residential Tenancy Branch, at the time an application
is made, designating a time, date, and place for the dispute resolution
hearing or facilitated settlement conference to be commenced,
including a determination whether the hearing or conference will be
conducted by conference call, through written submissions, or in
person.
Reschedule is the act of the Residential Tenancy Branch designating a different time, date, and place for the dispute resolution hearing or facilitated settlement conference to commence or be reconvened, including a determination whether the rescheduled hearing or conference will be conducted by conference call, through written submissions, or in person. Serve the formal legal manner of giving a party required documents and evidence as set out in the Act. Substituted Service an alternative method of service authorized by an arbitrator where the party has made reasonable efforts to serve but has been unable to serve documents, notices, or decisions in accordance with the Act. Rule 1 – Objective 1.1 Objective The objective of the Rules of Procedure is to ensure a fair, efficient, and consistent process for resolving disputes for landlords and tenants.
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Rules of Procedure
These Rules of Procedure take effect at 8:00 AM PST on September 16, 2025
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Rule 2 – Making a claim
2.1 Starting an Application for Dispute Resolution
To make a claim, a person must complete and submit an Application for Dispute
Resolution.
2.2 Identifying issues on the Application for Dispute Resolution
The claim is limited to what is stated in the application.
See also Rule 6.2 [What will be considered at a dispute resolution hearing].
2.3 Related issues
Claims made in the application must be related to each other. See also Rule 6.2 [What
will be considered at a dispute resolution hearing].
Filing an application
2.4 Submit an Application for Dispute Resolution
Applications for Dispute Resolution must be submitted through the Online Application
for Dispute Resolution or to the Residential Tenancy Branch directly or through a
Service BC Office with the required fee or fee waiver application. Applicants who
submit an Online Application for Dispute Resolution and choose to pay the fee or submit
a fee waiver application in person must complete payment within three days of
submitting the application. This three-day period for completing payment is not an
extension of any statutory timelines for making an application.
2.4.1 Communications and party contact information
If an Application for Dispute Resolution is made by multiple applicants, those applicants
must nominate one applicant to be the primary applicant to:
a) start the dispute resolution proceeding, and
b) receive communications from the Residential Tenancy Branch and be
responsible for sharing each communication with all other applicants.
Each Application for Dispute Resolution requires a primary applicant, regardless of
whether it has been joined with other applications in a single dispute resolution
proceeding under Rule 2.10.
2.5 Documents that must be submitted with an Application for Dispute
Resolution
To the extent possible, the applicant must submit the following documents at the same
time the application is submitted:
• a detailed calculation of any monetary claim being made;
• a copy of the Notice to End Tenancy, when the applicant seeks an order of
possession or to cancel a Notice to End Tenancy; and
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These Rules of Procedure take effect at 8:00 AM PST on September 16, 2025
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• copies of all other documentary and digital evidence to be relied on in the
proceeding, subject to Rule 3.17 [Consideration of new and relevant
evidence].
When submitting applications using the Online Application for Dispute Resolution, the
applicant must upload the required documents with the application or submit them to the
Residential Tenancy Branch directly or through a Service BC Office within three days of
submitting the Online Application for Dispute Resolution.
Applicant’s Evidence for Expedited Hearing
See Rule 10 [Expedited Hearings] for submitting documents related to applications
under Residential Tenancy Act sections 33, 54 or 56 or Manufactured Home Park
Tenancy Act section 27, 47 or 49.
2.6 Point at which an application is considered to have been made
The Application for Dispute Resolution has been made when it has been submitted and
either the fee has been paid or when the fee waiver application has been submitted to the
Residential Tenancy Branch directly or through a Service BC Office. The three-day period
for completing payment under Rule 2.4 is not an extension of any statutory timelines for
making an application.
If payment is not completed or if the fee waiver application is not submitted within three
days as required, the application will be considered abandoned. To pursue the claims,
the applicant must submit a new application—this does not provide an extension of time
for any statutory timelines.
2.7 One or more respondents
An applicant(s) may name more than one respondent in the Application for Dispute
Resolution.
2.8 Maximum amount of monetary claim
An applicant who has a claim:
• under sections 51 (1) or (2), 51.1, 51.3, and 51.4 of the Residential Tenancy Act
and sections 44 (1) or (2) and 44.1 of the Manufactured Home Park Tenancy Act
amounting to more than $65,000, or
• for debts and damages amounting to more than $35,000
may amend their application to abandon the part of the claim that exceeds $65,000 or
$35,000, as applicable, so that the balance of the claim may be dealt with through a
dispute resolution proceeding.
Despite Rule 7.12 [Amending an application at the hearing], the respondent’s consent is not required for an applicant to abandon the part of their claim that exceeds $65,000 or $35,000, as applicable. However, the respondent can object to the amendment under Rule 7.13 [Objecting to a proposed amendment]. 2.9 No divided claims An applicant may not divide a claim.
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2.10 Joining applications
Applications for Dispute Resolution may be joined and dealt with under the same
dispute resolution proceeding so that the dispute resolution proceeding will be fair,
efficient, and consistent. In considering whether to join applications, the Residential
Tenancy Branch will consider the following criteria:
a) whether the applications pertain to the same residential property or residential
properties which appear to be managed as one unit;
b) whether all applications name the same landlord;
c) whether the remedies sought in each application are similar; or
d) whether it appears that the arbitrator will have to consider the same facts and
make the same or similar findings of fact or law in resolving each application.
Making a cross-application for Dispute Resolution
2.11 Filing an Application for Dispute Resolution to counter a claim
To respond to an existing, related Application for Dispute Resolution, respondents may
make a cross-application by filing their own Application for Dispute Resolution.
The issues identified in the cross-application must be related to the issues identified in
the application being countered or responded to.
A party submitting a cross-application is considered the cross-applicant and must apply
as soon as possible and so that the respondent to the cross-application receives the
documents set out in Rule 3.1 [Documents that must be served with the Notice of
Dispute Resolution Proceeding Package] not less than 14 days before the hearing or
conference and so that the service provisions in Rule 3.16 [Respondent’s evidence
provided in single package] can be met.
2.12 Identify file being countered
A cross-applicant making a cross-application must identify the application they are
responding to.
2.13 Point at which a cross-application is considered to have been made
A cross-application has been made when it has been submitted and either the fee has
been paid or when the fee waiver application has been submitted to the Residential
Tenancy Branch directly or through a Service BC Office. The three-day period for
completing payment under Rule 2.4 is not an extension of any statutory timelines for
making an application.
If payment is not completed or if the fee waiver application is not submitted within three days as required, the application will be considered abandoned. To pursue the claims, the applicant must submit a new application—this does not provide an extension of time for any statutory timelines.
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2.14 Scheduling a Cross-Application for Dispute Resolution
When the requirements of Rules 2.11, 2.12 and 2.13 have been met, and it is possible
to satisfy Rule 3.3 [Evidence for cross-Application for Dispute Resolution], the
Residential Tenancy Branch will schedule the cross-application hearing with the same
arbitrator for the same date and time as the hearing for the matter being responded to.
When the original application has been set down for a facilitated settlement conference, the Residential Tenancy Branch will schedule the cross-application facilitated settlement conference with the same case facilitator for the same date and time as the conference for the matter being responded to.
Cross-applications filed in relation to an application scheduled for an expedited hearing
will be heard separately and not at the same time as the expedited hearing. See Rule
10 for more information on expedited hearings.
Rule 3 – Serving the application and submitting and
exchanging evidence
3.0.1 Digital submission of evidence
Where possible, parties should submit evidence to the Residential Tenancy Branch
digitally. If digital submission is not possible, a party may submit paper evidence to the
Residential Tenancy Branch directly or through a Service BC Office in accordance with
Rule 3.03.
3.0.2 Restrictions on evidence format, size, or amount
The Residential Tenancy Branch may impose restrictions on the format, size, or amount
of evidence submitted or exchanged during the dispute resolution proceeding.
3.0.3 Paper evidence
If parties are unable to submit evidence digitally in accordance with Rule 3.0.1, parties
submitting paper evidence to be relied on in the dispute resolution proceeding should
submit copies to the Residential Tenancy Branch directly or through a Service BC Office
unless the director specifically requests original evidence under Rule 3.8.
3.0.4 Party must maintain exact copy of evidence
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.
3.0.5 Residential Tenancy Branch will not return copies
The Residential Tenancy Branch will not return copies of evidence submitted during the
dispute resolution proceeding .
3.0.6 Conversion of the format of evidence
The Residential Tenancy Branch may:
a) convert evidence into an electronically or digitally stored format; and
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b) deem the converted evidence as an accurate representation of the original.
3.0.7 Quality of evidence
If evidence submitted is not in an acceptable format or quality to support a fair and
appropriate dispute resolution proceeding, the director may require the person who
submitted the evidence to resubmit it in a different format or resubmit exact copies.
3.1 Documents that must be served with the Notice of Dispute Resolution
Proceeding Package
The applicant must, within three days of the Notice of Dispute Resolution Proceeding
Package being made available by the Residential Tenancy Branch or within a different
period specified by the director, serve each respondent with copies of the following:
a) the Notice of Dispute Resolution Proceeding provided to the applicant by the
Residential Tenancy Branch, which includes the Application for Dispute
Resolution;
b) the Respondent Instructions for Dispute Resolution;
c) any fact sheets provided by the Residential Tenancy Branch; and
d) any other evidence submitted to the Residential Tenancy Branch directly or
through a Service BC Office with the Application for Dispute Resolution, in
accordance with Rule 2.5 [Documents that must be submitted with an
Application for Dispute Resolution].
See Rule 10 for documents that must be served with the Notice of Dispute Resolution
Proceeding Package for an Expedited Hearing and the timeframe for doing so.
See Rule 11 for additional documents that must be served with the Notice of Dispute
Resolution Proceeding Package for an application for an additional rent increase for
capital expenditures and the timeframe for doing so.
3.1.1 Indicating service of the Notice of Dispute Resolution Proceeding Package
The applicant must, within two days of the date by which they have been instructed to
serve the Notice of Dispute Resolution Proceeding Package, indicate to the Branch that
the applicant served the respondent in accordance with Rule 3.1, or the Branch may
adjourn the proceeding.
3.1.2 Reinstating a proceeding adjourned under Rule 3.1.1
If a proceeding is adjourned under Rule 3.1.1, the applicant may, within 5 days of the
adjournment, request, in the manner specified by the director, that the proceeding be
reinstated. If the applicant does not request the proceeding be reinstated within 5 days
of the date of adjournment, the applicant may be deemed to have withdrawn their
application under Rule 5.01.
3.1.3 Applications excluded from rules 3.1.1 and 3.1.2
Rules 3.1.1 and 3.1.2 do not apply to applications for dispute resolution:
• Made under section 43(3) of the RTA and section 36(3) of the MHPTA.
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• To cancel a Notice to End Tenancy issued under sections 46 to 49.1 of the
RTA and sections 39 to 42 of the MHPTA.
• Made under section 49.2 of the RTA.
• Submitted under Rule 2.11 to counter a claim.
• Subject to Rule 10 – Expedited Hearings.
3.2 Repealed and replaced by Rule 10
3.3 Evidence for Cross-Application for Dispute Resolution
Evidence supporting a cross-application must:
• be submitted at the same time as the application is submitted, or within three
days of submitting an Online Application for Dispute Resolution;
• be served on the other party at the same time as the Notice of Dispute
Resolution Proceeding Package for the cross-application is served; and
• be received by the other party and the Residential Tenancy Branch directly or
through a Service BC Office not less than 14 days before the hearing or
conference.
3.4 If a respondent avoids service
If a respondent appears to be avoiding service or cannot be found, the applicant may
apply to the Residential Tenancy Branch directly or through a Service BC Office for an
order for substituted service.
An application for substituted service must show that the applicant made reasonable
attempts to serve the respondent or provide evidence that shows the other party is
unlikely to receive material if served according to the Act.
An application for substituted service that is made at the hearing may result in an
adjournment.
An application for substituted service made at the conference may result in the case
facilitator scheduling an additional conference.
3.5 Proof of service required at the dispute resolution hearing or facilitated
settlement conference
During the hearing or conference, the applicant must be prepared to demonstrate to the
satisfaction of the director that each respondent was served with the Notice of Dispute
Resolution Proceeding Package and all evidence as required by the Act and these
Rules of Procedure.
If the applicant cannot demonstrate that each respondent was served as required by the
Act and the Rules of Procedure, the director may adjourn the application or dismiss it
with or without leave to reapply.
3.6 Evidence must be relevant
All evidence must be relevant to the claim(s) being made in the Application(s) for
Dispute Resolution.
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The director 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.
3.7 Evidence must be organized, clear and legible
All documents to be relied on as evidence must be clear and legible.
To ensure a fair, efficient, and effective process, identical documents and photographs,
identified in the same manner, must be served on each respondent and uploaded to the
Online Application for Dispute Resolution or submitted to the Residential Tenancy
Branch directly or through a Service BC Office.
For example, photographs must be described in the same way, in the same order, such
as: “Living room photo 1 and Living room photo 2”.
To ensure procedural fairness and efficiency, the director has the discretion to not
consider evidence if the director determines it is not readily identifiable, organized, clear
and legible.
3.7.1 Redacting information from evidence
Parties can redact information from evidence submitted if the information is not relevant
to the matters of dispute. For example, if a landlord applies for a tenant to cover the
cost of a repair, the landlord may submit a receipt of expenses related to the repair.
The landlord may redact any expenses on the receipt that do not pertain to the repair
that is the matter of dispute. Similarly, a party can redact confidential information not
relevant to the matter of dispute.
To ensure procedural fairness, evidence provided to the Residential Tenancy Branch and the other party must be the same. If a party redacts information from evidence, the redactions should be reflected in the evidence provided to both the Residential Tenancy Branch and the other party.
Parties should be aware that redacting too much information could result in the director
exercising their discretion to not consider the evidence. Rules related to evidence, like
Rule 3.6 [Evidence must be relevant] and Rule 3.7 [Evidence must be organized, clear,
and legible], still apply to evidence from which a party has redacted information. In
addition, the director has the authority to determine the relevance, necessity, and
appropriateness of evidence under Rule 7.17 [Presentation of evidence]. When
deciding whether to redact information or what information to redact, parties should
ensure that the evidence is clear and legible, and that the director can discern the
relevance and necessity of the evidence.
3.8 Original evidence
At any time during the dispute resolution proceeding, the parties must be prepared to
supply an original of any document if requested to do so by the director.
The director may direct that the original be placed into evidence, rather than a copy, or
may accept as evidence a legible copy of the document.
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3.9 Physical evidence
No physical evidence will be accepted.
3.10 Digital evidence
Digital evidence may include photographs, audio recordings, video recordings or
electronic versions of printable documents in an accepted format.
3.10.1 Description and labelling of digital evidence
To ensure a fair, efficient, and effective process, where a party submits digital evidence,
identical digital evidence and an accompanying description must be submitted through
the Online Application for Dispute Resolution or Dispute Access Site, directly to the
Residential Tenancy Branch or through a Service BC Office and be served on each
respondent.
A party submitting digital evidence must:
• include with the digital evidence:
o a description of the evidence;
o identification of photographs, such as a logical number system and
description;
o a description of the contents of each digital file;
o a time code for the key point in each audio or video recording; and
o a statement as to the significance of each digital file;
• submit the digital evidence through the Online Application for Dispute
Resolution system under 3.10.2, or directly to the Residential Tenancy
Branch or a Service BC Office under 3.10.3; and
• serve the digital evidence on each respondent in accordance with 3.10.4.
3.10.2 Digital evidence uploads
Parties who submit evidence using the Residential Tenancy Branch Online Application
for Dispute Resolution or Dispute Access Site must enter the information required under
Rule 3.10.1 in the “Details and description” field when uploading evidence. The system
will restrict evidence uploads to accepted formats and in accordance with file size
restrictions pursuant to Rule 3.0.2.
3.10.3 Digital evidence submitted directly to the Residential Tenancy Branch or
through Service BC
Parties who submit digital evidence to the Residential Tenancy Branch directly or
through a Service BC Office must provide the information required under Rule 3.10.1
using Digital Evidence Details (form RTB-43).
Parties who submit digital evidence under this Rule 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 Residential Tenancy Branch or Service BC.
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3.10.4 Digital evidence served to other parties
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).
Parties who serve digital evidence to the Residential Tenancy Branch and paper
evidence to other parties must provide the same documents and photographs, identified
in the same manner in accordance with Rule 3.7.
The party providing digital evidence must provide the other party with a copy of the
evidence in a manner that is accessible to the other party. Devices and formats for
serving digital evidence on another party include:
• on a memory stick, compact disk, or DVD;
• by sending a copy of the evidence by email if the other party provided an email
address as an address for service; or
• by providing a link to a copy of the evidence stored on a File Hosting Service
(e.g., Dropbox, Microsoft OneDrive, Google Drive).
In proceedings where a landlord must serve identical evidence to multiple tenants in
additional rent increase applications, the landlord may serve digital evidence without
completing the section of form RTB-43 that confirms each tenant’s access to the
evidence.
The landlord must still submit form RTB-43 to provide required details about the digital
evidence served.
An arbitrator may find the evidence properly served under section 71(2)(c) of the Act if:
• the service was reasonably calculated to ensure tenant access;
• there is no indication any tenant was unable to access the evidence; and
• the landlord demonstrated that tenants were given a fair opportunity to request
alternate formats.
Regardless of the device or format used, the evidence must be served in accordance
with section 88 of the Residential Tenancy Act or section 81 of the Manufactured Home
Park Tenancy Act
3.10.5 Confirmation of access to digital evidence
The format of digital evidence must be accessible to all parties. For evidence submitted
through the Online Application for Dispute Resolution, the system will only upload
evidence in accepted formats or within the file size limit in accordance with Rule 3.0.2.
Before the hearing or conference, a party providing digital evidence to the other party
must confirm that the other party has playback equipment or is otherwise able to gain
access to the evidence. This confirmation requirement does not apply to additional rent
increase applications where identical evidence is served to multiple tenants, provided
the landlord complies with all other requirements for serving digital evidence.
Before the hearing or conference, a party providing digital evidence to the Residential
Tenancy Branch directly or through a Service BC Office must confirm that the
Residential Tenancy Branch has playback equipment or is otherwise able to gain
access to the evidence.
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If a party or the Residential Tenancy Branch is unable to access the digital evidence,
the director may determine that the digital evidence will not be considered.
If a party asks another party about their ability to gain access to a particular format,
device or platform, the other party must reply as soon as possible, and in any event so
that all parties have seven days (or two days for an expedited hearing under Rule 10
and fifteen days for an application under Rule 11), with full access to the evidence and
the party submitting and serving digital evidence can meet the requirements for filing
and service established in Rules 3.1, 3.2, 3.14 and 3.15.
3.10.6 Sharing settings when using a File Hosting Service
To maintain the integrity of evidence stored on a File Hosting Service, the party
providing a link to a copy of the evidence must ensure the settings are set such that
parties who were provided the link can only view and download the evidence, not edit
the evidence. Information on how to change sharing settings is available on the
Residential Tenancy Branch website.
If the party providing the link does not use the correct sharing settings, the evidence
may or may not be considered.
3.11 Unreasonable delay
Evidence must be served and submitted as soon as reasonably possible.
If the director determines that a party unreasonably delayed the service of evidence, the
director may refuse to consider the evidence.
3.12 Willful or recurring failure
The director may refuse to accept evidence if they determine that there has been a
willful or recurring failure to comply with the Act, Rules of Procedure or an order made
during the dispute resolution proceeding, or if, for some other reason, the acceptance of
the evidence would prejudice the other party or result in a breach of the principles of
procedural fairness.
3.13 Applicant evidence provided in single package
Where possible, copies of all of the applicant’s available evidence should be submitted
to the Residential Tenancy Branch directly or through a Service BC Office and served
on the other party in a single complete package.
An applicant submitting any subsequent evidence must be prepared to explain why the
evidence was not submitted with the Application for Dispute Resolution in accordance
with Rule 2.5 [Documents that must be submitted with an Application for Dispute
Resolution] or Rule 10 [Expedited Hearings].
3.14 Evidence not submitted at the time of Application for Dispute Resolution
Except for evidence related to an expedited hearing (see Rule 10) and an additional
rent increase for capital expenditures application (see Rule 11), documentary and digital
evidence that is intended to be relied on must be received by the respondent and the
Residential Tenancy Branch directly or through a Service BC Office not less than 14
days before the hearing or conference.
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In the event that a piece of evidence is not available when the applicant submits and
serves their evidence, the director will apply Rule 3.17.
3.15 Respondent’s evidence provided in single package
Where possible, copies of all of the respondent’s available evidence should be
submitted to the Residential Tenancy Branch online through the Dispute Access Site or
directly to the Residential Tenancy Branch Office or through a Service BC Office. The
respondent’s evidence should be served on the other party in a single complete
package.
The respondent must ensure evidence that the respondent intends to rely on is served
on the applicant and submitted to the Residential Tenancy Branch as soon as possible.
Except for evidence related to an expedited hearing (see Rule 10) and an additional
rent increase for capital expenditures application (see Rule 11), and subject to Rule
3.17, the respondent’s evidence must be received by the applicant and the Residential
Tenancy Branch not less than seven days before the hearing or conference.
See also Rules 3.7 and 3.10.
3.16 Respondent’s proof of service
During the hearing or conference, the respondent must be prepared to demonstrate to
the satisfaction of the director that each applicant was served with all their evidence as
required by the Act and these Rules of Procedure.
3.17 Consideration of new and relevant evidence
Evidence not provided to the other party and the Residential Tenancy Branch directly or
through a Service BC Office in accordance with the Act or Rules 2.5 [Documents that
must be submitted with an Application for Dispute Resolution], 3.1, 3.2, 3.10.5, 3.14
3.15, and 10 may or may not be considered depending on whether the party can show
to the arbitrator that it is new and relevant evidence and that it was not available at the
time that their application was made or when they served and submitted their evidence.
The arbitrator has the discretion to determine whether to accept documentary or digital
evidence that does not meet the criteria established above provided that the acceptance
of late evidence does not unreasonably prejudice one party or result in a breach of the
principles of procedural fairness.
Both parties must have the opportunity to be heard on the question of accepting late
evidence.
If the arbitrator decides to accept the evidence, the other party will be given an
opportunity to review the evidence. The arbitrator must apply Rule 7.8 [Adjournment
after the dispute resolution hearing begins] and Rule 7.9 [Criteria for granting an
adjournment].
3.18 Evidence not received by the arbitrator or case facilitator
The arbitrator may adjourn a dispute resolution hearing to receive evidence if a party
can show that the evidence was submitted to the Residential Tenancy Branch directly or
through a Service BC Office for the proceeding within the required time limits but was
not received by the arbitrator before the dispute resolution hearing.
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3.19 Submitting evidence after the hearing starts
No additional evidence may be submitted after the dispute resolution hearing starts,
except as directed by the arbitrator. In providing direction, the arbitrator will:
a) specify the date by which the evidence must be submitted to the Residential
Tenancy Branch directly or through a Service BC Office and whether it must
be served on the other party; and
b) provide an opportunity for the other party to respond to the additional
evidence, if required.
In considering whether to admit documentary or digital evidence after the hearing starts,
the arbitrator must give both parties an opportunity to be heard on the question of
admitting such evidence.
Rule 4 – Amending an Application for Dispute Resolution
4.1 Amending an Application for Dispute Resolution
An applicant may amend a claim by:
• completing an Amendment to an Application for Dispute Resolution form; and
• filing the completed Amendment to an Application for Dispute Resolution form
and supporting evidence on the Dispute Access site or with the Residential
Tenancy Branch directly or through a Service BC Office.
An amendment may add to, alter, or remove claims made in the original application.
As stated in Rule 2.3 [Related issues], unrelated claims contained in an application may
be dismissed with or without leave to reapply.
See also Rule 3 [Serving the application and submitting and exchanging evidence].
Amendments to applications for expedited hearings may only be made at the hearing.
See Rule 10.7 [Amending an application for an expedited hearing].
Applications that are proceeding through the facilitated settlement process may only be
amended as specified in Rules 12.15 to 12.18.
4.2 Amending an application at the hearing
Moved to Rule 7.12.
4.2.1 Removing claims made in the application at the hearing
Moved to Rule 7.12.1.
4.3 Time limits for amending an application
Amended applications and supporting evidence should be submitted to the Residential
Tenancy Branch directly or through a Service BC Office as soon as possible and in any
event early enough to allow the applicant to comply with Rule 4.6.
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4.4 Paying additional fee when amending a claim
Repealed effective January 8, 2016.
4.5 Accepting an Amendment to an Application for Dispute Resolution
The Residential Tenancy Branch or Service BC will accept an Amendment to an
Application for Dispute Resolution form submitted in accordance with these Rules of
Procedure.
4.6 Serving an Amendment to an Application for Dispute Resolution
As soon as possible, copies of the Amendment to an Application for Dispute Resolution
form and supporting evidence must be produced and served upon each respondent by
the applicant in a manner required by section 89 of the Residential Tenancy Act or
section 82 of the Manufactured Home Park Tenancy Act and these Rules of Procedure.
The applicant must be prepared to demonstrate to the satisfaction of the director that
each respondent was served with the Amendment to an Application for Dispute
Resolution form and supporting evidence as required by the Act and these Rules of
Procedure.
In any event, a copy of the amended application and supporting evidence should be
served on the respondents as soon as possible and must be received by the
respondent(s) not less than 14 days before the hearing.
See also Rule 3 [Serving the application and submitting and exchanging evidence].
4.7 Objecting to a proposed amendment
Moved to Rule 7.13.
Rule 5 – Before the hearing or conference
5.0.1 Withdrawal of an Application for Dispute Resolution
How to withdraw an application for dispute resolution
An applicant may withdraw an application for dispute resolution by notifying the
Residential Tenancy Branch and providing a legible copy of any required documents, in
one of the following ways:
• any time before the hearing or conference, withdrawing the application through
the Online Application for Dispute Resolution and either emailing any required
documents to HSRTO@gov.bc.ca including the file number in the subject line
(“Withdrawal documents: file #”) or providing hard copies of any required
documents to any Service BC Office or the Residential Tenancy Branch Office.
Applications to dispute a notice to end tenancy or for adjourned hearings or
review hearings may not be withdrawn online;
• any time before the hearing or conference, notifying the Residential Tenancy
Branch by telephone and providing hard copies of any required documents to
any Service BC Office or the Residential Tenancy Branch Office;
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• any time before the hearing or conference, attending any Service BC Office or
the Residential Tenancy Branch Office in person and providing a copy of any
required documents; or
• at least one week before the hearing or conference, emailing the Residential
Tenancy Branch at HSRTO@gov.bc.ca, including the file number in the subject
line (“Withdrawal: file #”), and attaching a copy of the required documents, if any.
If your dispute resolution hearing or facilitated settlement conference is scheduled for
less than one week away, the email may not be processed in time. This could result in
the director making a final and binding decision in the matter. If your dispute resolution
hearing or facilitated settlement conference is scheduled for less than one week away,
contact the Residential Tenancy Branch by phone or visit any Service BC Office or the
Residential Tenancy Branch Office in person.
Withdrawing an application to dispute a notice to end tenancy
Where a tenant has applied to dispute a landlord’s notice to end tenancy, the applicant
tenant requires the written consent of the landlord to withdraw their application.
Required documents:
• the respondent landlord’s written consent to the withdrawal
Withdrawing an application after the hearing has begun and is adjourned
Where a hearing has begun but is adjourned by an arbitrator for continuation at a later
date, a party seeking to withdraw that application must provide evidence of the other
party’s consent to the withdrawal.
Although the arbitrator will issue a final decision in the matter under Rule 8.7 [Original
decision], no orders reflecting the terms of the settlement will be issued under Rule 8.4
[Decision and orders based on settlement].
Required documents:
• the other party’s written consent to the withdrawal
Withdrawing an application after the application is moved from facilitated
settlement process to a hearing
Where the case facilitator has moved an application to a hearing under Rule 12.24
[Authority to move application for dispute resolution for hearing at any time], but before
the hearing has begun, a party seeking to withdraw that application must provide
evidence of the other party’s consent to the withdrawal.
The case facilitator will issue a written decision reflecting the withdrawal of the
outstanding claims.
Required documents:
• the other party’s written consent to the withdrawal
Withdrawing a review hearing
If a review hearing has been granted, the party who made the Application for Review
Consideration may withdraw the review hearing at any time before the scheduled review
hearing.
Required documents:
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• where the decision or order at issue relates to a notice to end tenancy, the other
party’s written consent to the withdrawal of the application
Withdrawing all other types of applications
In all other circumstances, where possible the applicant must provide the other party
with written notice of the withdrawal of their application for dispute resolution.
Rescheduling
5.1 Rescheduling a dispute resolution hearing or facilitated settlement
conference
The Residential Tenancy Branch will reschedule a dispute resolution hearing or
facilitated settlement conference if signed written consent from both the applicant and
the respondent is received by the Residential Tenancy Branch directly or through a
Service BC Office not less than three days before the scheduled date for the dispute
resolution hearing or facilitated settlement conference.
5.2 If agreement to reschedule a dispute resolution hearing cannot be obtained
When agreement to reschedule a hearing cannot be reached, a party or the party’s
agent may make a request at the hearing to adjourn the hearing under rule 7.8
[Adjournment after the dispute resolution hearing begins].
5.2.1 If agreement to reschedule a facilitated settlement conference cannot be
obtained
In exceptional circumstances, a case facilitator may grant requests made at the
facilitated settlement conference to reschedule the facilitated settlement conference.
Summons to attend or produce evidence for hearings
5.3 Application for a summons
On the written request of a party or on an arbitrator’s own initiative, the arbitrator may
issue a summons requiring a person to attend a dispute resolution proceeding or
produce evidence. A summons is only issued in cases where the evidence is
necessary, appropriate, and relevant. A summons will not be issued if a witness agrees
to attend or agrees to provide the requested evidence.
A request to issue a summons must be submitted, in writing, to the Residential Tenancy
Branch directly or through a Service BC Office, and must:
• state the name and address of the witness;
• provide the reason the witness is required to attend and give evidence;
• describe efforts made to have the witness attend the hearing;
• describe the documents or other things, if any, which are required for the
hearing; and
• provide the reason why such documents or other things are relevant.
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5.4 When a request for a summons may be made
A written request for a summons should be made as soon as possible before the time
and date scheduled for a dispute resolution hearing.
In circumstances where a party could not reasonably make their application before a
hearing, the arbitrator will consider a request for a summons made at the hearing.
5.5 Witness compensation
When an arbitrator issues a summons at the request of a party, the party who has
requested the summons must provide the witness with compensation for the reasonable
cost of giving that evidence.
When an arbitrator issues a summons on their own initiative, compensation is not
required.
Rule 6 – Pertaining to the hearing in general
6.1 Arbitrator’s role
The arbitrator will conduct the dispute resolution proceeding in accordance with the Act,
the Rules of Procedure, and principles of procedural fairness.
6.2 What will be considered at a dispute resolution hearing
The hearing is limited to matters claimed on the application unless the arbitrator allows
a party to amend the application.
The arbitrator may use their discretion to dismiss unrelated claims with or without leave
to reapply in accordance with Rule 2.3 [Related issues]. For example, if a party has
applied to cancel a Notice to End Tenancy or is seeking an order of possession, the
arbitrator may decline to hear other claims that have been included in the application
and the arbitrator may dismiss such matters with or without leave to reapply.
6.3 Format of dispute resolution hearing
A dispute resolution hearing may be held at the discretion of the Residential Tenancy
Branch:
a) by telephone conference call;
b) in person;
c) in writing;
d) by video conference or other electronic means; or
e) any combination of the above.
6.4 A party may request that the hearing be held in a specific format
A party may submit a request that a hearing be held in a format other than telephone
conference call.
A party must complete and submit a Request for Alternate Dispute Resolution Hearing
or Facilitated Settlement Conference Format (RTB-36) to the Residential Tenancy
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Branch directly or through a Service BC Office with supporting documentation as soon
as possible and in any event, not less than 30 days before the hearing date.
A party can submit a Request for Alternate Dispute Resolution Hearing or Facilitated
Settlement Conference Format (RTB-36) and supporting documentation less than 30
days before the hearing if they provide an explanation and supporting documentation for
why the request is being submitted late.
Unless the director orders otherwise, if an application that was moved to a dispute
resolution hearing under Rule 12.24 was previously granted an alternate facilitated
settlement conference format under Rule 12.4, the same format will be used for the
dispute resolution hearing. The party does not need to submit another Request for
Alternate Dispute Resolution Hearing or Settlement Conference Format (RTB-36).
There are different timelines for requests for an alternate hearing format for expedited
hearings and for facilitated settlement conferences. See Rule 10.10 [A party may
request that the expedited hearing be held in a specific format] and Rule 12.4 [A party
may request that the settlement conference be held in a specific format].
Section 77 (2.1) of the RTA and section 70 (2.1) of the MHPTA allow the director to
provide decisions in writing or orally. If a party feels there are reasons they will not be
able to comprehend an oral decision they can make a written request prior to the
hearing. Ultimately, the arbitrator will have discretion on how to provide their decision.
6.5 Opportunity to be heard on a request for a specific format
When a party requests that a hearing be held in a format other than the one set by the
Residential Tenancy Branch, the Residential Tenancy Branch will give the other party
an opportunity to make submissions on the format of the hearing.
6.6 The standard of proof and onus of proof
The standard of proof in a dispute resolution hearing is on a balance of probabilities,
which means that it is more likely than not that the facts occurred as claimed.
The onus to prove their case is on the person making the claim. In most circumstances
this is the person making the application. However, in some situations the arbitrator
may determine the onus of proof is on the other party. For example, the landlord must
prove the reason they wish to end the tenancy when the tenant applies to cancel a
Notice to End Tenancy.
6.7 Party may be represented or assisted
A party to a dispute resolution hearing may be represented by an agent or a lawyer and
may be assisted by an advocate, an interpreter, or any other person whose assistance
the party requires in order to make their presentation.
6.8 Proof of authority to act
If an agent attends on behalf of the party, the agent should be prepared to provide proof
of their authority to represent a party.
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6.9 Communication with the arbitrator
Direct communication with the arbitrator is restricted to the hearing or when otherwise
instructed by the arbitrator.
See also Rule 3.19 [Submitting evidence after the hearing starts].
6.10 Interruptions and inappropriate behaviour at the dispute resolution hearing
Disrupting the hearing will not be permitted. The arbitrator may give directions to any
person in attendance at a hearing who is rude or hostile or acts inappropriately. A
person who does not comply with the arbitrator’s direction may be excluded from the
dispute resolution hearing and the arbitrator may proceed in the absence of that
excluded party.
Recording of hearings
6.11 Recording of Teleconference Hearings
The Residential Tenancy Branch’s teleconference system automatically records audio
for all dispute resolution hearings. Persons are prohibited from recording dispute
resolution hearings themselves; this includes any audio, photographic, video, or digital
recording.
6.12 Use of Recordings
The Residential Tenancy Branch may use recordings for quality assurance and training
purposes.
A party may request a copy of their recording. A party may also provide written
authorization allowing another person, including a transcription company, to request a
copy of their recording. Recordings will not be released until after the final decision has
been issued.
Arbitrators will not listen to a recording when making a decision on an application for a
review consideration, clarification, or correction, except where it would result in a breach
of the principles of procedural fairness not to listen to it.
6.13 Restricted Use of Recordings
Parties and their authorized representatives must not alter, copy, distribute, or publish a
recording unless authorized in writing by the director of the Residential Tenancy Branch.
Rule 7 – During the hearing
7.1 Commencement of the dispute resolution hearing
The dispute resolution hearing will commence at the scheduled time unless otherwise
set by the arbitrator.
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7.2 Delay in the start of a hearing
In the event of a delay of a start of a conference call hearing, each party must stay
available on the line to commence the hearing for 30 minutes after the time scheduled
for the start of the hearing.
In the event of a delay of a face-to-face hearing, unless otherwise advised, the parties
must remain available to commence the hearing at the hearing location for 30 minutes
after the time scheduled for the start of the hearing.
7.3 Consequences of not attending the hearing
If a party or their agent fails to attend the hearing, the arbitrator may conduct the dispute
resolution hearing in the absence of that party, or dismiss the application, with or
without leave to re-apply.
7.4 Evidence must be presented
Evidence must be presented by the party who submitted it, or by the party’s agent.
If a party or their agent does not attend the hearing to present evidence, any written
submissions supplied may or may not be considered.
7.4.1 Settlement discussions will not be considered as evidence
If an application for dispute resolution is moved from the facilitated settlement process
to a hearing under Rule 12.24 [Authority to move application for dispute resolution for
hearing at any time], the arbitrator will not consider any evidence presented by a party
that relates to confidential discussions held during the settlement conference.
Introductory matters
7.5 Introduction to the dispute resolution hearing
At the beginning of the dispute resolution hearing, the arbitrator will explain how the
dispute resolution hearing will proceed and answer any relevant questions the parties
may have about the hearing process.
7.6 Identification of people present at a dispute resolution hearing
Each participant must identify all people who are present with them at the start and
anyone who joins them at any time during a hearing.
7.7 Preliminary matters
At the start of the hearing, the arbitrator will consider any preliminary matters.
Preliminary matters include, but are not limited to, questions of jurisdiction, substituted
service, adjournment, adding a related matter, amending the application, and
summoning a witness to provide evidence.
Adjourning a hearing
7.8 Adjournment after the dispute resolution hearing begins
At any time after the dispute resolution hearing begins, the arbitrator may adjourn the
dispute resolution hearing to another time.
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A party or a party’s agent may request that a hearing be adjourned.
The arbitrator will determine whether the circumstances warrant the adjournment of the
hearing.
7.9 Criteria for granting an adjournment
Without restricting the authority of the arbitrator to consider other factors, the arbitrator
will consider the following when allowing or disallowing a party’s request for an
adjournment:
• the oral or written submissions of the parties;
• the likelihood of the adjournment resulting in a resolution;
• the degree to which the need for the adjournment arises out of the intentional
actions or neglect of the party seeking the adjournment;
• whether the adjournment is required to provide a fair opportunity for a party to
be heard; and
• the possible prejudice to each party.
7.10 Mandatory attendance
If the dispute resolution hearing is adjourned, the arbitrator will order the parties to
attend on the date when the dispute resolution hearing will be reconvened.
If a party does not attend the reconvened hearing at the scheduled time, the arbitrator
may commence, continue, and conclude the hearing. Pursuant to Rule 7.3, the
arbitrator may issue a decision and order in the absence of a party.
7.11 Refusing a request for adjournment
If the arbitrator determines that an adjournment should not be granted, the dispute
resolution hearing will proceed as scheduled.
When a request for adjournment is refused, reasons for refusing the request will be
provided in the written decision.
Amending an Application for Dispute Resolution at the Hearing
7.12 Amending an application at the hearing
An application can be amended at the hearing only in circumstances:
• that can reasonably be anticipated, such as when the amount of rent owing has
increased since the time the Application for Dispute Resolution was made, or
• where the applicant requests an amendment to their application and the
respondent consents to the amendment.
If an amendment to an application is sought at a hearing, an Amendment to an
Application for Dispute Resolution need not be submitted or served.
7.12.1 Removing claims made in the application at the hearing
If an applicant requests that their application be amended to remove a claim at the
hearing and the respondent consents to the amendment, the arbitrator’s decision will
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record that the claim was withdrawn and the applicant can submit a new Application for
Dispute Resolution for the withdrawn claim, unless otherwise agreed to by the parties.
7.13 Objecting to a proposed amendment
A respondent may raise an objection at the hearing to an Amendment to an Application
for Dispute Resolution on the ground that the respondent has not had sufficient time to
respond to the amended application or submit evidence in reply.
The arbitrator will consider such objections and determine if the amendment would
prejudice the other party or result in a breach of the principles of procedural fairness.
The arbitrator may hear the application as amended, dismiss the application with or
without leave to reapply, or adjourn the hearing to allow the respondent an opportunity
to respond.
Adding additional parties
7.14 Request that another person be added to a proceeding
In exceptional circumstances, a party may make an oral request at the hearing to add
another party.
7.15 Determining that another person be added as a party
At the request of a party under Rule 7.14, the arbitrator will decide whether a person will
be added as a party.
In addition, the arbitrator may unilaterally determine that another person should be
added as a party.
The newly added party will be added to the proceedings without the need for further
revision of the Application for Dispute Resolution.
All Rules of Procedure apply to the newly added party, with the exception of Rules
establishing timeframes for the exchange of evidence.
As soon as possible after a party is added to a proceeding, the original applicant(s) and
respondent(s) must serve their evidence on the newly added party.
The newly added party must, as soon as possible, serve their evidence on the original
applicant(s) and respondent(s) and submit it to the Residential Tenancy Branch directly
or through a Service BC Office, and in any event not less than seven days before the
reconvened hearing.
7.16 Making orders regarding service
The arbitrator may make orders in relation to service of necessary documents on a
newly added party, such as a copy of the Application for Dispute Resolution, a copy of
the Notice of Dispute Resolution Proceeding Package and information about the dispute
resolution proceeding.
7.17 Issuing orders affecting an added party
When a party has been added to a proceeding under Rule 7.13 and has been served
with notice of the proceeding, the arbitrator may issue decisions and orders affecting
that party whether or not they participate in the hearing.
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7.18 Notice to materially affected tenant(s)
The arbitrator may determine, in accordance with the Act, that a tenant may be
materially affected by the decision or an order reached through a dispute resolution
proceeding. When such a determination is made, the arbitrator may adjourn the dispute
resolution hearing to allow the materially affected tenant an opportunity to participate in
the proceeding.
The arbitrator will direct the applicant and/or the respondent to serve the affected tenant
with a copy of the Notice of Dispute Resolution Proceeding for the adjourned dispute
resolution proceeding which includes the Application for Dispute Resolution and copies
of all relevant evidence.
Presentation of evidence at the hearing
7.19 Presentation of evidence
Each party will be given an opportunity to present evidence related to the claim. The
arbitrator has the authority to determine the relevance, necessity, and appropriateness
of evidence.
See Rule 3 [Serving the application and submitting and exchanging evidence].
7.20 Order of presentation
The applicant will present their case and evidence first unless the arbitrator decides
otherwise, or when the respondent bears the onus of proof.
One instance when the respondent bears the onus of proof is where a tenant applies to
cancel a Notice to End Tenancy. In such a case, the hearing will begin with the landlord
presenting first unless the arbitrator decides otherwise.
7.21 Witnesses’ attendance at the dispute resolution hearing
Parties are responsible for having their witnesses available for the dispute resolution
hearing.
A witness must be available until they are excused by the arbitrator or until the dispute
resolution hearing ends.
7.22 Exclusion of witnesses and others
The arbitrator may exclude witnesses from the dispute resolution hearing until called to
give evidence.
The arbitrator may, when they consider it appropriate to do so, exclude any other
person from the dispute resolution hearing.
Questions regarding evidence
7.23 Cross-examination
When evidence given at a hearing is disputed by a party, the arbitrator may allow the
party an opportunity to question:
• the other party’s evidence; and/or
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• the other party’s witness with respect to their testimony.
7.24 Questions asked through the arbitrator
Each party may be required to ask questions through the arbitrator:
• in order to ensure the relevancy of evidence; or
• if a party presents rude, improper, or irrelevant questions when given the
opportunity to directly question another party.
7.25 Questions by the arbitrator
The arbitrator may ask questions of a party or witness if necessary:
• to determine the relevancy or sufficiency of evidence;
• to assess the credibility of a party or a witness; or
• to otherwise assist the arbitrator in reaching a decision.
Rule 8 – Conclusion of a dispute resolution hearing
8.1 Ending the dispute resolution hearing
The arbitrator determines when the hearing has ended.
The arbitrator has the discretion to receive additional evidence after the hearing has
ended.
See also Rule 3.19 [Submitting evidence after the hearing starts].
8.2 Reconvening the dispute resolution hearing
At the arbitrator’s discretion, the hearing may be reconvened prior to concluding the
proceeding.
8.3 Concluding the dispute resolution proceeding
The proceeding concludes with the issuance of a final and binding decision and/or
order(s).
8.4 Decision and orders based on a settlement
Where the parties have reached a settlement in the hearing, the arbitrator will end the
proceeding by recording the settlement in the form of a decision and/or order(s) that
reflects the terms of the settlement.
8.5 Dispute resolution hearing ended without the parties reaching agreement
After the end of a dispute resolution hearing in which the parties have not reached a
settlement, the arbitrator will make a final and binding decision.
8.6 Service of order
If the arbitrator sets conditions for service of a decision or order, the decision or order
will set those conditions out.
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8.7 Original decision
The Residential Tenancy Branch will provide an original decision, signed by pen or
through electronic means to the primary applicant and the first respondent listed on the
application, for sharing with the other applicant(s)/respondent(s), or as otherwise
determined during the hearing. If a decision is given orally the arbitrator will provide their
reasons during the hearing.
The Residential Tenancy Branch will send the decision by email if an email address is
provided unless a party requests a different method at the hearing.
8.8 Original order
The Residential Tenancy Branch will provide a sufficient number of original orders,
signed by pen or through electronic means, to the recipient of the order to permit
service and enforcement through the court.
If the applicant is the recipient of the order, the Residential Tenancy Branch will send
the orders to the applicant by email if an email address is provided unless the applicant
requests a different method at the hearing.
Rule 9 – Miscellaneous
9.1 Non-compliance will not stop or nullify a proceeding
Failure to comply with these Rules of Procedure will not in itself stop or nullify a
proceeding, a step taken, or any decision or order made in the proceeding.
9.2 Conflicts between the Rules of Procedure and the Act
Where the Act and the Rules of Procedure conflict, the Act applies.
9.3 Effective date of these Rules of Procedure
These Rules of Procedure take effect at the date and time specified in the footer of this
document and apply to Applications for Dispute Resolution made on or after the
specified date and time, and to the dispute resolution proceedings that are commenced
by those applications.
9.4 Continued application of the former version of the Rules of Procedure
The version of the Rules of Procedure that were in effect immediately prior to the date
and time specified in the footer of this document continue in effect and will apply to:
a) Applications for Dispute Resolution that were made prior to the date and time
specified in the footer of this document.
b) Applications for Dispute Resolution that were made prior to the date and time
specified in the footer of this document and amended after these Rules of
Procedure came into effect, except to the extent that the director determines
that the application of the former Rules of Procedure would prejudice the
party who applied for dispute resolution or would result in a breach of the
principles of procedural fairness.
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In determining the extent to which of these Rules of Procedure should be
applied, the director must allow each of the parties the opportunity to make
submissions about the extent of prejudice that might result from an application of
these Rules of Procedure or the former Rules.
Rule 10 - Expedited Hearings
If any time limit in this rule conflicts with the time limit in another rule, the time limit in
this rule applies to the expedited hearing.
10.1 Director’s powers if a dispute qualifies for an expedited hearing
If an application for dispute resolution falls under the sections set out in Rule 10.1.1. or
the director grants a request for an expedited hearing under Rule 10.1.2, the director
may
• make an order specifying the method(s) of service the applicant or respondent
must use;
• make an order specifying earlier time limits than those set out in this rule or any
other rule; and
• set the matter down to be heard on a date that is earlier than would normally be
required to accommodate the time limits established under these rules in cases
of extreme urgency.
10.1.1 Application of Rule 10
Rule 10 automatically applies to applications for dispute resolution made under sections
33, 54 and 56 of the RTA, and sections 27, 47 and 49 of the MHPTA.
10.1.2 Other applications
Notwithstanding Rule 10.1.1, the director may hear an application for dispute resolution
made under another section of the RTA or MHPTA on an expedited basis, if, in the
director’s opinion, there is an imminent danger to the health and safety of a landlord or
tenant.
10.1.3 No reasonable grounds for application under Rule 10.1.1
Under section 62(4)(a) of the RTA or section 55(4)(a) of the MHPTA, the director can
dismiss an application for dispute resolution if there are no reasonable grounds for the
application. Section 59(2)(b) of the RTA and section 52(2)(b) of the MHPTA, require an
application for dispute resolution to include full particulars of the dispute.
If an applicant submits an application for dispute resolution under sections 33, 54, or 56
of the RTA or sections 27, 47, or 49 of the MHPTA, the director may dismiss the
application if the particulars set out in the application do not disclose reasonable
grounds to establish the section in issue is applicable.
10.2 Applicant’s evidence for an expedited hearing
An applicant must submit all evidence that they intend to rely on at the hearing with their
application for dispute resolution.
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10.3 Serving the notice of dispute resolution proceeding package
The applicant must, within one day of the Notice of Dispute Resolution Proceeding
Package being made available by the Residential Tenancy Branch, serve each
respondent with copies of all of the following:
• the Notice of Dispute Resolution Proceeding provided to the applicant by the
Residential Tenancy Branch;
• the Respondent Instructions for Dispute Resolution;
• an Order of the director respecting service;
• the Expedited Dispute Resolution Process Fact Sheet (RTB-114E) provided by
the Residential Tenancy Branch; and
• evidence submitted to the Residential Tenancy Branch online or in person, or
through a Service BC Office with the Application for Dispute Resolution, in
accordance with Rule 10.2 [Applicant’s Evidence Relating to an Expedited
Hearing].
10.4 Respondent’s evidence for an expedited hearing
Copies of all evidence that the respondent intends to rely on at the hearing must be
submitted to the Residential Tenancy Branch online through the Dispute Access Site or
directly to the Residential Tenancy Branch Office or through a Service BC Office. The
respondent’s evidence must be served on the other party in a single complete package.
10.5 Time limit for respondent’s evidence
The respondent must ensure evidence they intend to rely on at the hearing is served on
the applicant and submitted to the Residential Tenancy Branch as soon as possible and
at least two days before the hearing.
10.6 Late evidence
If a piece of evidence is not available when the applicant or respondent submits and
serves their evidence, the arbitrator will apply Rule 3.17.
10.7 Amending an application for an expedited hearing
An application for an expedited hearing may only be amended at the hearing. Requests
to amend an application made prior to the hearing will be denied.
10.8 Cross-applications will be heard separately
An application for dispute resolution to counter a claim scheduled under Rule 10 will be
set down for a separate hearing.
10.9 Proof of Service
An applicant must provide proof of service by submitting RTB 9 Proof of Service –
Notice of a Dispute Resolution form one day after serving the Notice of Dispute
Resolution Proceeding Package and at least two days before the hearing. If the
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applicant fails to do this, the arbitrator may, at the hearing, dismiss the application,
reschedule the hearing, or adjourn it to a later date.
10.10 A party may request that the expedited hearing be held in a specific format
A party may submit a request that an expedited hearing be held in a format other than
telephone conference call.
An applicant must complete and submit a Request for Alternate Hearing Format (RTB-
36) to the Residential Tenancy Branch directly or through a Service BC Office with
supporting documentation within 3 days of the Notice of Dispute Resolution Proceeding
being made available by the Residential Tenancy Branch. A respondent must complete
and submit a Request for Alternate Hearing Format (RTB-36) with supporting
documentation within 3 days of receiving the Notice of Dispute Resolution Proceeding
or being deemed to have received the Notice of Dispute Resolution Proceeding.
A party can submit a Request for Alternate Hearing Format (RTB-36) and supporting
documentation after the deadlines set out above if they provide an explanation and
supporting documentation for why the request is being submitted late.
Rule 11 – Proceedings for Additional Rent Increase for
Capital Expenditures
This Rule applies only to dispute resolution proceedings for a landlord application for an
additional rent increase for capital expenditures under s. 23.1 of the Residential
Tenancy Regulation (Regulation). Rules 1 to 9 also apply unless otherwise noted.
11.1 Documents that must be served with the Notice of Dispute Resolution
Proceeding Package
In addition to the documents specified in Rule 3.1, the applicant must serve each
respondent with the Additional Rent Increase for Capital Expenditures fact sheet (RTB-
151).
11.2 Evidence not submitted at the time of Application for Additional Rent
Increase for Capital Expenditures
Notwithstanding Rule 3.14, evidence the applicant intends to rely on at the hearing must
be received by the respondent and the Residential Tenancy Branch not less than 30
days before the hearing.
11.3 Respondent’s evidence for an Additional Rent Increase for Capital
Expenditures Proceeding
The respondent’s evidence should be submitted to the Residential Tenancy Branch
online through the Dispute Access Site or directly to the Residential Tenancy Branch
Office or through a Service BC Office. The respondent’s evidence should be served on
the other party in a single complete package.
The evidence that the respondent intends to rely on at the hearing must be served on
the applicant and submitted to the Residential Tenancy Branch as soon as possible.
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Notwithstanding Rule 3.15, and subject to Rule 3.17, the respondent’s evidence must
be received by the applicant and the Residential Tenancy Branch not less than 15 days
before the hearing.
See also Rules 3.7 and 3.10.
11.4 Applicant must submit documentation related to ineligibility criteria
Applicants must submit with their application any documents in their possession at the
time they made their application that relate to the maintenance of the major system or
component that was repaired or replaced (e.g., maintenance records).
Additionally, applicants must submit as evidence any documents in their possession at
the time they made their application related to payments they have received or are
entitled to receive from other sources for installing, repairing, or replacing a major
component or system.
11.5 Written submissions by respondents
Notwithstanding Rule 7.4 [Evidence must be presented], if a respondent or their agent
provides written submissions as part of a dispute resolution proceeding, the arbitrator
will consider the submissions regardless of whether the respondent or their agent
attends the hearing.
Rule 12 – Facilitated Settlement Process
This Rule applies only to applications for dispute resolution that the director has
scheduled for the facilitated settlement process. Rules 1 to 5 also apply to these
applications unless otherwise noted.
Overview of Facilitated Settlement Process
12.1 Applications that will generally be prioritized for the facilitated settlement
process
The director will generally prioritize scheduling the applications for dispute resolution
specified in the Appendix for the facilitated settlement process unless, in the director’s
opinion, the parties are unlikely to reach a settlement agreement.
The Notice of Dispute Resolution Proceeding Package will set out whether an
application has been scheduled for the facilitated settlement process and will set out the
date and time of the facilitated settlement conference.
12.1.1 Applications that will not be considered for the facilitated settlement
process
The director of the Residential Tenancy Branch is permitted to definitively exclude
certain matters from the facilitated settlement process in these Rules. The following
applications for dispute resolution will go directly to a hearing or direct request:
• Made under section 43(3) of the RTA and section 36(3) of the MHPTA.
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• Made under section 49.2 of the RTA.
• Made under section 59(6) of the RTA.
• Scheduled for a direct request.
• Subject to Rule 10 – Expedited Hearings.
12.2 Case facilitator’s role
The case facilitator will conduct the facilitated settlement process in accordance with the
Act, the Rules of Procedure, and principles of procedural fairness. In addition, the case
facilitator may issue directions, instructions, and orders to assist parties to resolve their
disputes in a timely, flexible, and accessible manner.
12.3 Consequences of not attending the conference
If a party or their agent fails to attend the conference, the case facilitator may conduct
the conference in the absence of that party. This could include issuing a final and
binding decision under Rules 12.22 and 12.23 with respect to one or more of the issues
or claims in dispute.
Conduct of Facilitated Settlement Process
12.4 A party may request that the conference be held in a specific format
A party may submit a request that a conference be held in a format other than
telephone conference call.
A party must complete and submit a Request for Alternate Dispute Resolution Hearing
or Facilitated Settlement Conference Format (RTB-36) to the Residential Tenancy
Branch directly or through a Service BC Office with supporting documentation as soon
as possible.
12.5 Party may be represented or assisted
A party may be represented by an agent or a lawyer and may be assisted by an
advocate, an interpreter, or any other person whose assistance the party requires to
equitably participate in facilitated settlement discussions.
12.6 Proof of authority to act
If an agent attends on behalf of the party, the agent should be prepared to provide proof
of their authority to represent a party.
12.7 Communications with the parties during the facilitated settlement process
The case facilitator can communicate with the parties at any point in the facilitated
settlement process. The case facilitator can communicate privately with one party at a
time during the conference to assist the parties in reaching a facilitated settlement
agreement.
Direct communication with the case facilitator is restricted to the facilitated settlement
conference or when otherwise initiated by the case facilitator.
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Communications made during the facilitated settlement process are confidential and
must not be disclosed in any other dispute resolution proceeding.
12.8 Interruptions and inappropriate behaviour at the facilitated settlement
conference
Disrupting the conference will not be permitted. The case facilitator may give directions
to any person who is rude or hostile or acts inappropriately. A person who does not
comply with the case facilitator’s direction may be excluded from the conference and the
case facilitator may proceed in the absence of that excluded party. If a case facilitator
excludes a party from the conference, the case facilitator can resolve the dispute under
Rules 12.22 and 12.23.
12.9 Case facilitator can schedule additional facilitated settlement conferences
The case facilitator can schedule additional facilitated settlement conferences if, in the
case facilitator’s opinion, it is likely that the parties will reach a settlement agreement if
they participate in additional facilitated settlement conferences.
Recordings of Facilitated Settlement Conferences
12.10 Recording of Facilitated Settlement Conferences
The Residential Tenancy Branch’s teleconference system automatically records audio
for all facilitated settlement conferences. Private discussions between the case
facilitator and each party are not recorded. Persons are prohibited from recording
facilitated settlement conferences themselves; this includes any audio, photographic,
video, or digital recording.
12.11 Use of Recordings
The Residential Tenancy Branch may use recordings for quality assurance and training
purposes.
A party may request a copy of their recording. A party may also provide written
authorization allowing another person, including a transcription company, to request a
copy of their recording. A recording will be provided after the proceeding has concluded
and a final decision has been issued.
12.12 Restricted Use of Recordings
Parties and their authorized representatives must not alter, copy, distribute, or publish a
recording unless authorized in writing by the director of the Residential Tenancy Branch.
Evidence in the facilitated settlement process
12.13 Application of Rule 3
Rule 3 [Serving the application and submitting and exchanging evidence] applies to
applications for dispute resolution scheduled for the facilitated settlement process,
except for Rules 3.17-3.19.
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12.14 Evidence not provided or received by the case facilitator before the
facilitated settlement conference
During the facilitated settlement conference, it may become clear that new and relevant
evidence exists or that evidence a party submitted was not received by the case
facilitator. The case facilitator may schedule an additional facilitated settlement
conference under Rule 12.9 so the parties can provide the evidence if, in the case
facilitator’s opinion, the evidence could help reach a settlement agreement.
Amending and Modifying an Application for Dispute Resolution in the
Facilitated Settlement Process
12.15 Amending an application
An application proceeding through the facilitated settlement process cannot be
amended before the facilitated settlement conference. Requests to amend an
application made prior to the conference will be denied.
12.16 Opportunity to add party or revise claims during facilitated settlement
conference
During the facilitated settlement conference, the case facilitator can
• provide an opportunity for a party to add a party to the dispute,
• permit a party to add, revise, or withdraw a claim to the dispute, and
• set out the steps to add a party or claim to the dispute
if, in the case facilitator’s opinion, doing so will assist the parties in resolving one or
more of the claims.
12.17 Claims not named in the Application for Dispute Resolution
Despite Rule 2.2 [Identifying issues on the Application for Dispute Resolution], parties
can include terms in their agreement related to issues that were not claimed in the
application or added to the dispute under Rule 12.16.
For clarity, the case facilitator can only resolve claims under Rules 12.22 and 12.23 that
are named in the application for dispute resolution.
12.18 Updates to application moved to a hearing
If any claims in an application for dispute resolution are moved to a hearing under Rule
12.24, the parties can amend the application and submit additional evidence prior to the
dispute resolution hearing pursuant to Rules 3 to 5.
Agreement-Based Activities during Facilitated Settlement Process
12.19 Agreements made during facilitated settlement process
If the parties reach a resolution by agreement on one or more of the claims named in
the application for dispute resolution, the case facilitator will record the terms of the
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agreement in the form of a written decision and/or order(s) that reflect the terms of
agreement.
12.19.1 Outstanding claims in application for dispute resolution
If the parties reach an agreement under Rule 12.19 to resolve only some of the claims
named in the application for dispute resolution, the case facilitator will usually ask the
applicant whether they would like to withdraw the outstanding claims. If the applicant
would like to withdraw any outstanding claims, the case facilitator will record this in the
decision or order issued under Rule 12.19. If the applicant indicates that they do not
want to withdraw the outstanding claims, the case facilitator will move those claims to a
hearing under Rule 12.25.
12.19.2 Outstanding claims in cross-application
If the respondent made a cross-application and an agreement under Rule 12.19
resolved only some of the claims named in the cross-application, the case facilitator will
usually ask the respondent whether they would like to withdraw any outstanding claims
in the same manner as with the applicant under Rule 12.19.1.
12.20 Direct resolution of claims by case facilitator
If the parties agree, they can ask the case facilitator to issue a final and binding decision
on one or more issues or claims in the dispute.
A case facilitator will usually only issue a final and binding decision in situations where
the relevant facts of the claims or the issues are not disputed.
12.21 Dismissals of Applications
A case facilitator may dismiss all or part of an application for dispute resolution under
section 62(4) of the RTA (section 55(4) of the MHPTA). This can include circumstances
where there is no legal authority to resolve the dispute under the Act (e.g., it is outside
the jurisdiction of the Act, the application is defective) and the application is frivolous or
an abuse of the dispute resolution process.
A case facilitator will only dismiss an application where the principles of procedural
fairness do not require a hearing.
If there is disagreement about the relevant facts, the case facilitator will usually not
make a decision to dismiss an application.
Resolution due to lack of participation
12.22 Applicant does not attend facilitation conference
If an applicant fails to attend the facilitated settlement conference, the case facilitator
may consider the application for dispute resolution abandoned and may dismiss the
application with or without leave to reapply.
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Rules of Procedure
These Rules of Procedure take effect at 8:00 AM PST on September 16, 2025
page 43
12.23 Respondent does not attend facilitation conference
If a respondent fails to attend the facilitated settlement conference, the case facilitator
may issue a final decision for one or more of the claims made in an application for
dispute resolution based solely on the evidence submitted by the applicant.
A case facilitator will usually only issue a final and binding decision in the absence of
the respondent in circumstances where:
• the applicant can prove that they served the Notice of Dispute Resolution
Proceeding Package or evidence to the other party under Rule 3.5, and
• on the basis of the evidence made available to the director, it is clear:
o that there is no legal authority to resolve the dispute under the Act (e.g., it
is outside the jurisdiction of the Act, the application is defective), or
o what the outcome of the dispute will be if it were to proceed to a hearing.
Moving an application to a dispute resolution hearing
12.24 Authority to move application for dispute resolution for hearing at any time
At any point after an application is placed into the facilitated settlement process, the
assigned case facilitator can move an application for dispute resolution to a hearing with
an arbitrator if, in the case facilitator’s opinion, the parties are unlikely to resolve their
dispute by agreement, or the dispute is otherwise not suitable for facilitation.
If the case facilitator decides to move an application to a hearing, the case facilitator will
inform the parties that the facilitated settlement process has ended, confirm the
outstanding claims, and provide guidance to the parties to prepare for the hearing.
12.25 Unresolved claims following facilitated settlement conference
The case facilitator will move any claims that were not resolved during the facilitated
settlement conference for a dispute resolution hearing.
12.26 Case facilitator can assist parties prepare for dispute resolution hearing
If the case facilitator moves an application for dispute resolution to a hearing, the case
facilitator can assist parties in preparing for the hearing, including by:
• sharing information about the Act and Rules of Procedure;
• providing guidance on the types and quality of evidence generally helpful to that
type of application for dispute resolution;
• sharing information about how to request an order for substituted service of
documents for the hearing under Rule 3.4; and
• sharing information about how to request a summons for a party to attend or
produce evidence for the hearing under Rule 5.3.
Changes to Rules of Procedure
Section
Change
Notes
Effective Date
Residential Tenancy Branch
Rules of Procedure
These Rules of Procedure take effect at 8:00 AM PST on September 16, 2025
page 44
4.4
rep
Repealed pursuant to Order in Council 828.
2016-01-08,
4:00 p.m.
5.0.1
am
Addition of “where possible” to section on
Withdrawing all other types of applications
2017-09-27
9.4, b
del
Deleted “cross-applications made on or after
September 23, 2017 in response to an
application that was made before
September 23, 2017”
2017-09-27
2.5
del
Deleted reference to s. 56 of the Residential
Tenancy Act and s. 49 of the Manufactured
Home Park Tenancy Act, added a reference
to Rule 3.2
2018-01-24
10
new
Rule 10 added
2019-05-24
3.2
del
Repealed
2019-05-24
Page 6
am
Clarification to definition of Days
2020-02-03,
4:30 pm
6.4
am
Updated requirements
2020-08-07
6.11 -6.13 am
Recording of Hearings
2022-04-25
4.1
am
Amendment on DMS
2022-08-29
2.5
am
Changed “should” to “must.”
2023-02-17
3.1
am
Added clarity that arbitrator can extend
timeline to serve Notice of Hearing Package
2023-02-17
3.7.1
new
Redacting information from evidence
2023-02-17
3.10.3
am
Adding information on digital evidence
methods for submitting to the RTB
2023-02-17
3.10.4
am
Adding information on sharing digital
evidence with another party.
2023-02-17
3.10.5
am
Removed content on sharing digital
evidence with another party (see Rule
3.10.4).
2023-02-17
3.10.6
new
Information on sharing settings for file
hosting service
2023-02-17
3.15
am
Added reference to Rule 11
2023-02-17
11
new
Rules for Additional Rent Increase for
Capital Expenditures process
2023-02-17
all
am
Minor grammatical corrections made
throughout
2023-02-17
Residential Tenancy Branch
Rules of Procedure
These Rules of Procedure take effect at 8:00 AM PST on September 16, 2025
page 45
Definitions am
Minor change to “Adjournment” definition
2023-03-14
10.1.1-
10.1.3
new
New rules setting out grounds for an
expedited hearing and grounds for refusing
an expedited hearing
2023-09-13
10.2-10.4,
10.9
am
Minor revisions to clarify rules
2023-09-13
4.2
am
Clarified the circumstances in which an
application can be amended at the hearing
2023-10-03
4.2.1
new
Removing claims at the hearing
2023-10-03
6.4
am
Extended deadline to request an alternate
hearing format
2023-10-03
10.10
new
Established specific deadline to request an
alternate hearing format for expedited
hearings
2023-10-03
Definitions new
Created new definitions for “Case
Facilitator,” “Dispute resolution hearing,”
“Director of the Residential Tenancy
Branch,” “Director,” “Facilitated settlement
conference,” and “Facilitated settlement
process.”
Amended definitions of “dispute resolution
proceeding,” “decision,” and “schedule” to
reflect the implementation of the facilitated
settlement process.
2024-04-08
2.3
am
Moved “arbitrators may use their discretion
to dismiss unrelated claims with or without
leave to reapply to Rule 6.2.
2024-04-08
2.4, 2.6,
2.13
am
Changed “documents” to “application”
2024-04-08
2.5
am
Removed “as” before “the application is
submitted” to make a minor grammatical
revision
2024-04-08
2.8, 2.10
am
Changed “removed by the arbitrator” to
“dealt with under the same dispute
resolution proceeding”
2024-04-08
2.11, 3.3,
3.5,
3.10.5,
3.15,
am
Added “or conference” after “hearing” to
reflect facilitated settlement process
2024-04-08
Residential Tenancy Branch
Rules of Procedure
These Rules of Procedure take effect at 8:00 AM PST on September 16, 2025
page 46
3.16, 5,
5.0.1, 5.1
2.14
am
Added provision clarifying cross-applications
and facilitation
2024-04-08
3.1.1
am
Added a comma after “3.1”
2024-04-08
3.1.3,
3.1.7, 3.5-
3.8,
3.10.5,
3.11-3.14,
4.6
am
Changed “arbitrator” to “director”
2024-04-08
3.5
am
Added provision clarifying director’s
authority when applicant does not prove
service
2024-04-08
3.10.4
am
Changed “provided” to “served” in last
paragraph
2024-04-08
4.1
am
Added provision clarifying that applications
scheduled for facilitation can only be
amended as specified in Rules 12.15 to
12.18.
2024-04-08
4.2
rep
Moved to Rule 7.12
2024-04-08
4.2.1
rep
Moved to Rule 7.12.1
2024-04-08
4.7
rep
Moved to Rule 7.13
2024-04-08
5.2
am
Minor grammatical revision (changed “the”
to “a” in the title)
2024-04-08
5.2.1
new
Added provision specifying what happens if
parties to application scheduled for
facilitation cannot agree to reschedule
2024-04-08
6.2
am
Amended to include language from Rule 2.3 2024-04-08
6.4
am
Updated name of Form RTB-36
2024-04-08
6.8
am
Amended to shift onus to agent to be
prepared to provide their authority to
represent a party
2024-04-08
7.12-7.13
new
Rules moved from Rules 4.2, 4.2.1, and 4.7. 2024-04-08
7.14-7.25
am
Renumbered to reflect new Rules 7.12-7.13
2024-04-08
9.3-9.4
am
Amended to include provisions around the
application of previous and current versions
of the Rules
2024-04-08
Residential Tenancy Branch
Rules of Procedure
These Rules of Procedure take effect at 8:00 AM PST on September 16, 2025
page 47
12
new
Rules for facilitated settlement process
2024-04-08
Appendix
new
Applications that will be prioritized for
facilitated settlement process
2024-04-08
6.12
am
Removal of 20 day wait for hearing
recording
2024-05-06
8
am
Removal of written decision to allow for an
oral decision
2024-05-06
2.8
am
Added $65,000 monetary limit for certain
claims in response to legislative changes
2024-07-18 7.4.1 new Added to clarify that content of settlement conferences cannot be used as evidence during a hearing 2024-07-18 12.7 am Clarified that communications are confidential in facilitated settlement process 2024-07-18 12.24 am Amended title of rule to correct grammatical error (added “for”) 2024-07-18 7.15 am Corrected typo – changes reference from Rule 7.12 to 7.14 2024-07-23 6.4 am Change to allow for oral decisions 2025-02-05 6.12 am Clarification recordings will not be released until final decision is issued 2025-02-05 12.11 am Removal of 20 day wait for recordings for a facilitated settlement 2025-02-05 Definitions am Clarifies the multiple dispute resolution processes can be used in a dispute resolution proceeding. 2025-02-05 8.7 am Reference added to Oral Decisions 2025-04-03 5.0.1 del Removed requirement for proof of settlement when withdrawing an application after the hearing has begun and is adjourned 2025-04-03 5.0.1 am Added “or written submission” 2025-04-03 5.0.1 am Added section clarifying process for withdrawing an application moved from facilitated settlement process to dispute resolution hearing 2025-06-06
Residential Tenancy Branch
Rules of Procedure
These Rules of Procedure take effect at 8:00 AM PST on September 16, 2025
page 48
5.0.1
Am
Deleted explanation of “participatory
hearing” given definition of “dispute
resolution hearing” in Definitions; amended
“participatory hearing” to “hearing” as per
Definitions
2025-06-06
3.10.4
Am
Amended requirements for using form RTB-
43 in multiple tenant ARI applications
2025-09-16
Change notations am = text amended or changed del = text deleted rep = rule repealed new = new section added
Appendix: Applications that will generally be prioritized for the facilitated settlement process (Rule 12.1) Type Reason RTA Section MHPTA Section To dispute or request an order of possession in relation to a notice to end tenancy: for cause. 47 40 due to end of employment with the landlord. 48 41 for the landlord’s use of the property. 49 42 because the tenant ceases to qualify for the unit. 49.1 N/A To request an order: ending a tenancy because the rental unit or site is uninhabitable or the tenancy agreement is otherwise frustrated 56.1(a) 49.1(a) To request an order of possession for the landlord because: the rental unit is uninhabitable or the tenancy agreement is frustrated 56.1(b) 49.1(b) the tenant gave a notice to end tenancy 55(2)(a) 48(2)(a) the tenant is required to vacate the rental unit at the end of the term 55(2)(c) 48(2)(c) the landlord and tenant have agreed in writing that the tenancy has ended 55(2)(d) 48(2)(d) To request a monetary order: for compensation for damages or loss 7(1) 7(1) to recover unpaid rent from the tenant 26 20 for the tenant to pay to repair the damage that they, their pets, or their guests caused 32(3)
26(3)
Residential Tenancy Branch
Rules of Procedure
These Rules of Procedure take effect at 8:00 AM PST on September 16, 2025
page 49
for the landlord to pay back the cost of
emergency repairs the tenant made
33(5)
27(5)
for the landlord to compensate the tenant
related to a section 49 notice to end tenancy
51
N/A
for the landlord to compensate the tenant 12-
months’ rent related to a fixed term tenancy
agreement with a requirement to vacate
51.1
N/A
for the landlord to compensate the tenant 12-
months’ rent if the landlord did not give the
tenant a right of first refusal
51.3
N/A
for the landlord to compensate the tenant
related to a section 49.2 order
51.4
N/A
for the landlord to compensate the tenant
related to a section 42 notice to end tenancy
N/A
44.1
To request an
order:
that the landlord provide a service or facility
27(1)
21(1)
for the rent payable to be reduced
27(2)(b)
21(2)(b)
to suspend or set conditions on the landlord’s
right to enter the rental unit or site
29
23
that the landlord allow the tenant or their guest
access to the rental unit or site
30(1)
24(1)
for the landlord to complete repairs
32(1)
26(1)
for the tenant to change the locks to the rental
unit
31(3)
N/A
allowing the tenant to assign or sublet because
the landlord unreasonably withheld consent
34,
65(1)(g)
28,
58(1)(g)
that the landlord return all or a portion of the
security deposit to the tenant
38,
38.1
N/A
for the landlord to comply with the Act,
regulations, or a tenancy agreement
62(3)
55(3)
requiring the landlord to return the tenant’s
personal property
65(1)(e)
58(1)(e)
for the tenant to follow manufactured home
park rules
N/A
13(2)(g)
To dispute a rent increase
Part 3
Part 4