The Residential Tenancy Branch (RTB) adjudicates most rental disputes in BC, but there are some exceptions. If your tenancy is not covered by the Residential Tenancy Act (RTA) – or if it is covered, but the type of dispute falls outside the jurisdiction of the RTB – you may have to access a different tribunal or court. Here are the most common examples:
- Civil Resolution Tribunal. The RTB adjudicates disputes between tenants and landlords. If you have an issue with another tenant or occupant with whom you live, you can apply to the Civil Resolution Tribunal (CRT) for assistance. For example, one common living situation that is not covered under the jurisdiction of the RTB is where a “head-tenant” rents out bedrooms to their roommates. The CRT can handle monetary claims up to $5,000.
- Small Claims Court. For disputes that fall outside the jurisdiction of the RTB, but also exceed the limit at the CRT, Small Claims Court can handle claims between $5,001 and $35,000. In addition, if you are awarded monetary compensation through the RTB but your landlord refuses to pay, you will have to apply to Small Claims Court to enforce your monetary order.
- BC Supreme Court. Tenants and landlords are generally not allowed to bypass the RTB and ask the BC Supreme Court to adjudicate rental disputes. The RTB is considered an expert tribunal, which means the court shows a high level of deference in allowing it to resolve residential tenancy law matters. The BC Supreme Court only handles monetary claims over the RTB’s limit of $35,000. (There is one exception to this rule: if you are claiming 12 months’ rent as compensation under section 51(2) or 51.3 of the RTA, you can apply to the RTB even if the total compensation exceeds $35,000.)
- BC Human Rights Tribunal: The BC Human Rights Tribunal is responsible for accepting, screening, mediating, and adjudicating human rights complaints. If you have faced discrimination under section 10 of the BC Human Rights Code, you can contact the BC Human Rights Tribunal for assistance.
- Office of the Information and Privacy Commissioner for BC (OIPC BC): The OIPC BC provides independent oversight and enforcement of BC’s access and privacy laws. They also offer a series of guidance documents, including one titled, Private Sector Landlords and Tenants. If you have any concerns about your landlord’s collection of personal information, you can contact the OIPC BC for assistance.
Resources
- TRAC Webpage – Am I Covered By the Law?
- TRAC Webpage – Enforcing a Monetary Order
- RTB Policy Guideline 27 – Jurisdiction
- RTA Section 4 – What this Act does not apply to
- RTA Section 51 – Tenant’s compensation: section 49 notice
- Administrative Tribunals Act Section 58 – Standard of review with privative clause
- Civil Resolution Tribunal
- Small Claims Court
- BC Human Rights Code Section 10 – Discrimination in tenancy premises
- BC Human Rights Tribunal
- BC Human Rights Clinic
- Office of the Information and Privacy Commissioner for BC
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