An RTB decision correction or clarification is the fastest way to fix a BC Residential Tenancy Branch decision that is unclear or contains a mistake. Under section 78 of the Residential Tenancy Act, the branch can explain a decision, correct typing and arithmetic errors, and fix obvious errors or omissions, usually without a new hearing and at no charge.
What is the difference between clarification and correction?
Clarification explains a decision; correction changes it to fix a mistake. RTB Policy Guideline 25 says clarification lets the branch explain, but not change, the decision. Correction covers three things:
- typographical, arithmetical or similar errors;
- obvious errors, meaning mistakes immediately apparent from the evidence or hearing notes; and
- inadvertent omissions, meaning a matter in the application the arbitrator meant to decide but missed.
The guideline's example of an obvious error: the evidence showed a white couch and the decision found it was red. An obvious error does not include a different reading of the facts or the law, or a change of mind about the outcome.
Which form do I use?
| Problem | Form | Deadline | Fee |
|---|---|---|---|
| Decision or order is unclear | RTB-38 Request for Clarification | 15 days of receiving it | None |
| Obvious error or missing information | RTB-6 Request for Correction | 15 days of receiving it | None |
| Misspelled name, wrong address, math error | RTB-6 Request for Correction | No time limit | None |
The province's decisions page gives an example of missing information: the decision awards the filing fee but the order leaves it out.
How do I submit a request?
Online, at the Residential Tenancy Branch or at a Service BC office. You do not need to notify the other party unless an arbitrator says so. Do not attach a hearing recording; Guideline 25 says arbitrators will not listen to one except where natural justice requires it. The branch decides without delay, generally within 30 days, and tells you in writing either way.
Frequently asked questions
Can a correction change who won?
Only where the result rests on an obvious error or omission. Disagreeing with the arbitrator's findings is a matter for review consideration, a separate process with its own grounds and a $50 fee.
Will there be another hearing?
Usually not. Guideline 25 says a new hearing happens only in very exceptional circumstances. See what happens at an RTB hearing.
Can the RTB fix a decision on its own?
Yes. It weighs the time since the decision and the effect on anyone who has already acted on it.
Can I avoid errors in the first place?
Name parties correctly and present clear evidence. See filing with the RTB and preparing evidence.
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