Table of Contents

1 Residential Tenancy Branch Rules of Procedure These Rules of Procedure take effect at 12:00am PST on April 25, 2022 page 1 Table of Contents Table of Contents .. 1 Definitions ..6 Rule 1 Objective .. 9 Objective .. 9 Rule 2 Making a claim .. 9 Starting an Application for Dispute Resolution .. 9 Identifying issues on the Application for Dispute Resolution .. 9 Related issues .. 9 Filing an 9 Submit an Application for Dispute Resolution .. 9 Communications and party contact information .. 9 Documents that must be submitted with an Application for Dispute Resolution 10 Point at which an application is considered to have been made .. 10 One or more respondents .. 10 Maximum amount of monetary claim .. 10 No divided claims .. 10 Joining applications.

2 11 Making a cross-application for Dispute Resolution .. 11 Filing an Application for Dispute Resolution to counter a 11 Identify file being countered .. 11 Point at which a cross-application is considered to have been made .. 11 Scheduling a cross-Application for Dispute Resolution .. 12 Rule 3 Serving the application and submitting and exchanging evidence .. 12 Digital submission of evidence .. 12 Restrictions on evidence format, size or amount .. 12 Paper evidence .. 12 Party must maintain exact copy of evidence .. 12 Residential Tenancy Branch will not return copies .. 12 Conversion of the format of evidence .. 12 Residential Tenancy Branch Rules of Procedure These Rules of Procedure take effect at 12:00am PST on April 25, 2022 page 2 Quality of evidence .. 12 Documents that must be served with the Notice of Dispute Resolution Proceeding Package.

3 13 Repealed and replaced by Rule 10 .. 13 Evidence for cross-Application for Dispute Resolution .. 13 If a respondent avoids service .. 13 Proof of service required at the dispute resolution hearing .. 13 Evidence must be relevant .. 14 Evidence must be organized, clear and legible .. 14 Original evidence .. 14 Physical evidence .. 14 Digital evidence .. 14 Description and labelling of digital evidence .. 14 Digital evidence uploads .. 15 Digital evidence submitted directly to the Residential Tenancy Branch or through Service BC .. 15 Digital evidence served to other parties .. 15 Confirmation of access to digital evidence .. 15 Unreasonable delay .. 16 Willful or recurring failure .. 16 Applicant evidence provided in single package .. 16 Evidence not submitted at the time of Application for Dispute Resolution.

4 16 Respondent s evidence provided in single package .. 16 Respondent s proof of service .. 17 Consideration of new and relevant evidence .. 17 Evidence not received by the arbitrator .. 17 Submitting evidence after the hearing starts .. 17 Rule 4 Amending an Application for Dispute Resolution .. 18 Amending an Application for Dispute Resolution .. 18 Amending an application at the hearing .. 18 Time limits for amending an application .. 18 Paying additional fee when amending a claim .. 18 Accepting an Amendment to an Application for Dispute Resolution .. 18 Residential Tenancy Branch Rules of Procedure These Rules of Procedure take effect at 12:00am PST on April 25, 2022 page 3 Serving an Amendment to an Application for Dispute Resolution .. 18 Objecting to a proposed amendment.

5 19 Rule 5 Before the hearing .. 19 Withdrawal of an Application for Dispute Resolution .. 19 Rescheduling .. 20 Rescheduling of a dispute resolution hearing by agreement not less than three days before the hearing .. 20 If agreement to reschedule the dispute resolution hearing cannot be obtained 21 Summons to attend or produce evidence .. 21 Application for a summons .. 21 When a request for a summons may be made .. 21 Witness compensation .. 21 Rule 6 Pertaining to the hearing in general .. 22 Arbitrator s role .. 22 What will be considered at a dispute resolution hearing .. 22 Format of dispute resolution hearing .. 22 A party may request that the hearing be held in a specific format .. 22 Opportunity to be heard on a request for a specific format.

6 22 The standard of proof and onus of proof .. 22 Party may be represented or assisted .. 23 Proof of authority to act .. 23 Communication with the arbitrator .. 23 Interruptions and inappropriate behaviour at the dispute resolution hearing . 23 Recording of hearings .. 23 Recording of Hearings .. 23 Use of Recordings .. 23 Restricted Use of Recordings .. 24 Rule 7 During the hearing .. 24 Commencement of the dispute resolution hearing .. 24 Delay in the start of a hearing .. 24 Consequences of not attending the 24 Evidence must be presented .. 24 Residential Tenancy Branch Rules of Procedure These Rules of Procedure take effect at 12:00am PST on April 25, 2022 page 4 Introductory matters .. 24 Introduction to the dispute resolution hearing .

7 24 Identification of people present at a dispute resolution hearing .. 24 Preliminary matters .. 24 Adjourning a hearing .. 25 Adjournment after the dispute resolution hearing begins .. 25 Criteria for granting an adjournment .. 25 Mandatory attendance .. 25 Refusing a request for adjournment .. 25 Adding additional parties .. 25 Request that another person be added to a proceeding .. 25 Determining that another person be added as a party .. 26 Making orders regarding service .. 26 Issuing orders affecting an added party .. 26 Notice to materially-affected tenant(s) .. 26 Presentation of evidence at the hearing .. 26 Presentation of 26 Order of presentation .. 27 Witnesses attendance at the dispute resolution hearing .. 27 Exclusion of witnesses and others.

8 27 Questions regarding evidence .. 27 Cross-examination .. 27 Questions asked through the arbitrator .. 27 Questions by the arbitrator .. 27 Rule 8 Conclusion of a dispute resolution hearing .. 28 Ending the dispute resolution hearing .. 28 Reconvening the dispute resolution hearing .. 28 Concluding the dispute resolution proceeding .. 28 Decision and orders based on a settlement .. 28 Dispute resolution hearing ended without the parties reaching agreement .. 28 Service of order .. 28 Original decision .. 28 Original order .. 28 Residential Tenancy Branch Rules of Procedure These Rules of Procedure take effect at 12:00am PST on April 25, 2022 page 5 Rule 9 Miscellaneous .. 29 Non-compliance will not stop or nullify a proceeding .. 29 Conflicts between the Rules of Procedure and the Act.

9 29 Effective date of these Rules of Procedure .. 29 Continued application of the Rules of Procedure dated September 23, 2017 29 Rule 10 - Expedited Hearings .. 29 Director s powers on an application for an expedited hearing .. 29 Applicant s evidence for an expedited hearing .. 30 Serving the notice of dispute resolution proceeding package .. 30 Respondent s evidence for an expedited hearing .. 30 Time limit for respondent s evidence .. 30 Late evidence .. 30 Amending an application for an expedited hearing .. 30 Cross-applications will be heard separately .. 30 Proof of Service .. 31 Changes to Rules of Procedure .. 31 Residential Tenancy Branch Rules of Procedure These Rules of Procedure take effect at 12:00am PST on April 25, 2022 page 6 Definitions Act the Residential Tenancy Act or Manufactured Home Park Tenancy Act, as applicable.

10 Adjournment the determination by an arbitrator 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 arbitrator 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, 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.