In BC, a landlord or tenant can apply for RTB review consideration (a review by the Residential Tenancy Branch) of an arbitrator's decision only on eight narrow grounds, such as being unable to attend or having new evidence. The application costs $50 and must be filed within 2, 5 or 15 days of receiving the decision, depending on what it was about.
RTB decisions are final and binding (RTA s.77(3)), and review consideration is the one route back into the RTB after a hearing. It is set out in sections 79 to 82 of the Residential Tenancy Act (RTA) and explained in RTB Policy Guideline 24. This guide covers what review can and cannot do, the deadlines, how to apply, and the cheaper routes for a simple mistake in a decision.
What is RTB review consideration in BC?
In BC, review consideration is an application asking the RTB director to look again at a dispute resolution decision or order because something went wrong with the process or new facts have come to light. It is not an appeal. The RTB's review, clarify or correct page says a review is not a chance to re-argue the case or add evidence that should have been presented at the hearing, and that disagreeing with a decision is not grounds for review.
Each party can apply only once in respect of the same proceeding (RTA s.79(7)), so the application has to be complete the first time.
What are the grounds for an RTB review?
In BC, RTA s.79(2) allows a review on one or more of eight grounds and no others:
- A party could not attend all or part of the hearing because of circumstances that could not be anticipated and were beyond their control.
- A party has new and relevant evidence that was not available at the time of the hearing and that materially affects the decision.
- A party submitted material evidence late, but before the hearing, because of unforeseeable circumstances beyond their control, and it was not before the arbitrator.
- A person doing administrative tasks for the RTB made a procedural error that materially affected the result.
- A technical irregularity or error materially affected the result.
- A party has evidence that the decision was obtained by fraud.
- The arbitrator did not decide an issue they were required to decide.
- The arbitrator decided an issue they had no jurisdiction to decide.
The RTB's guidance gives examples. For "unable to attend", the applicant must submit evidence of something unexpected and outside their control, such as hospital records; the RTB says excuses such as "I forgot the time" or "my cell phone died" will not be considered. For fraud, the applicant must show that information at the hearing was false, that the person who submitted it knew it was false, and that it was used to get the outcome they wanted. For new evidence, the application must explain how it is relevant and why it was not available at the hearing.
How long do you have to apply for an RTB review?
In BC, the deadline under RTA s.80(1) runs from the day the party receives the decision or order, and depends on its subject:
| Deadline | Decision or order relates to | Source |
|---|---|---|
| 2 days | An order of possession; a 10 Day Notice for unpaid rent (s.46); a landlord unreasonably withholding consent to assign or sublet | RTA s.80(1)(a) |
| 5 days | Repairs or maintenance (s.32); services or facilities (s.27); any other notice to end tenancy | RTA s.80(1)(b) |
| 15 days | Everything else, including most monetary and deposit claims | RTA s.80(1)(c) |
If more than one period applies, the shortest one governs the whole application (s.80(2)). Policy Guideline 24 gives the common example: a decision dismissing a tenant's dispute of a One Month Notice for cause would carry a 5-day limit, but because the arbitrator must then grant the landlord an order of possession, the 2-day limit applies. Where reasons arrive in more than one form on different days, the clock starts on the earliest date (s.80(3)).
A late application can be accepted only in exceptional circumstances (RTA s.66(1); Policy Guideline 36). The RTB-2 form asks a late applicant to explain why and to attach evidence showing how an exceptional circumstance caused the delay.
How do you apply for a review of an RTB decision?
In BC, you can apply online through the RTB's dispute access site, or on paper using the Application for Review Consideration (RTB-2), filed at a Residential Tenancy Branch office or Service BC location. The fee is $50 (Residential Tenancy Regulation s.9), and the director may waive or reduce it if the applicant cannot reasonably afford it (RTA s.79(4)).
Under RTA s.79(3), the application must be in the approved form, include the fee, and give full particulars of the grounds and the evidence relied on. It can be made without notice to the other party. The RTB-2 asks for the RTB file number, the date of the decision and the date you received it, at least one ground, and a declaration, and says to attach all supporting evidence but not to resubmit evidence from the original hearing. A copy of the decision must be included unless it was given orally.
What happens after you apply?
In BC, review happens in two stages. Policy Guideline 24 explains that at the first stage only the applicant's submissions and evidence are considered, to decide whether the application should continue. Under RTA s.81(1), the director can dismiss it at that stage if, for example, the issue is really a correction, the particulars or evidence are insufficient, accepting the submissions would not change the decision, or it is frivolous or an abuse of process.
If the application goes forward, the applicant must give the other party a copy of that decision within 3 days of receiving it (s.81(4)). The director then reviews the decision by one of three routes: on the record and written submissions, by reconvening the original hearing, or by holding a new hearing (s.82(2)). The original decision can be confirmed, varied or set aside (s.82(3)). The director may also suspend the original decision or order while the review is under way (s.81(3)).
What if the decision only has a typo or is unclear?
In BC, a simple mistake does not need a review. Under RTA s.78, the RTB can correct typographic, grammatical, arithmetic or similar errors, clarify a decision, and deal with an obvious error or inadvertent omission. A request for clarification (RTB-38) or for correction of an obvious error or omission (RTB-6) is free and should be made within 15 days of receiving the decision. The RTB says a request to fix a misspelled name, wrong address or maths error has no time limit, and warns that an order may not be enforceable in court if names or addresses are wrong.
Can you go to court instead?
In BC, the court route is judicial review in the Supreme Court of British Columbia. The RTB says a landlord or tenant can petition the court to set aside a decision that contains an error of fact or law or is procedurally unfair, and that disagreeing with a decision is not grounds. The petition must be served on the other party and on both the RTB director and the Attorney General, as the RTB's page explains. It is a separate court process with its own rules and costs.
When can the winning party enforce the order?
In BC, an RTB order can be filed in court for enforcement only after any review has been refused, dismissed or concluded, or after the time to apply for review has expired (RTA ss.84(1) and 85(2)). For orders of possession, see our guide to enforcing an order of possession in BC.
Frequently asked questions
Can I get an RTB review because I disagree with the arbitrator?
No. Disagreeing with the decision is not a ground for review. The application must fit one of the eight grounds in RTA s.79(2), with evidence for it.
How much does an RTB review cost?
The fee is $50 (Residential Tenancy Regulation s.9). The director may waive or reduce it if you cannot reasonably afford it (RTA s.79(4)).
I missed my RTB hearing. Can I get a new one?
Only if you could not attend because of circumstances that could not be anticipated and were beyond your control, and you can prove it (RTA s.79(2)(a)). Apply within the deadline that applies to the decision, which is 2 days if an order of possession was granted.
Does applying for review stop the order?
Not automatically. The director may suspend the decision or order until the review is complete (RTA s.81(3)), and the other party cannot file the order in court for enforcement while a review is pending (ss.84 and 85).
Can I apply for review more than once?
No. A party may apply for review only once in respect of a proceeding (RTA s.79(7)).
The bottom line on RTB reviews
An RTB review is narrow, fast and evidence-driven: eight grounds, deadlines of 2, 5 or 15 days, a $50 fee and one chance. Fix typos through a free correction request instead, and go to the Supreme Court only for judicial review. For the full dispute process, start with filing a dispute resolution application with the BC RTB and what happens at an RTB hearing, or browse the BC Landlord Resource Center and BC Tenant Resource Center.
Get your BC paperwork right the first time
Free BC landlord and tenant forms that help you build a clear record before any dispute.
Free • No signup required
