Residential tenancy financial penalties

Administrative financial penalties are the last step in achieving compliance with the residential tenancy laws of B.C.

On this page

• Applying administrative financial penalties
• Opportunity to be heard
• Paying administrative penalties 
• Review of administrative penalties
• I need help

Applying administrative financial penalties 

Financial penalties are typically only used if the Compliance and Enforcement Unit (CEU) is unable to achieve compliance. 

The director considers the following factors before applying any administrative financial penalties:

• The seriousness of the violation
• How many times it happened
• Efforts made to correct the violation
• Any financial benefit gained from the violation
• Previous enforcement actions
• Whether the contravention was deliberate

Lean more by reviewing past administrative penalties.

Opportunity to be heard 

Those facing administrative financial penalties will be served a Notice of Opportunity to be Heard by the director. The notice will outline:

• The alleged failure to comply with B.C. tenancy laws
• All evidence which supports the complaint 
• The amount of the penalty being considered
• The time frame for responding (minimum of 21 days after receiving notice)

After receiving a notice, the landlord or tenant will have the opportunity to review evidence and respond before a decision is made. The opportunity to respond will typically be through a written submission.

Paying financial administrative penalties

When imposing an administrative penalty, a notice of decision and order is served. The decision and order will outline:

• The specific reason for the penalty
• The amount of the penalty
• When the penalty must be paid

If an administrative penalty is not paid 

• Failure to pay will result in collection action being taken
• For continued non-compliance, additional financial penalties of up to $5,000 per contravention, per day, may be applied
• Residential Tenancy Branch may refuse to accept an application for dispute resolution if an outstanding penalty is owed

If you are the subject of a complaint and unsure what to do next: 

Contact the Residential Tenancy Branch

Review of Administrative Penalties

In very limited circumstances, you may request a review of an administrative penalty decision. This is not a chance to reargue your case or review evidence that was or should have been presented before the director imposed the administrative penalty. Disagreeing with a decision is not grounds for a review.

Grounds for review

The following are grounds for review consideration (if one of these grounds does not apply, your application will be dismissed):

• You were unable to be heard (make submissions) because of circumstances that could not be anticipated and were beyond the person's control
• You have new and relevant evidence that was not available before the director imposed the administrative penalty and that materially affects the decision to impose the administrative penalty
• The Residential Tenancy Branch (RTB) made a procedural error that materially affected the decision to impose the administrative penalty or the amount of the administrative penalty
• A technical irregularity or error occurred that materially affected the decision to impose an administrative penalty or the amount of the administrative penalty
• The director did not determine an issue that the director was required to determine

Grounds for dismissal 

Your application will be dismissed if it:

• Simply requires a correction or clarification of a decision
• Is not made in time and did not include proof that the applicant was prevented from applying on time
• Does not use the approved form - Review Consideration of an Administrative Penalty (PDF, 202 KB) - RTB Form 56
• Does not provide a complete description of the reason(s) for review
• Does not provide sufficient evidence for a review
• Does not provide information on how the review will materially affect the original decision

How to apply

Complete an Application for Review Consideration of an Administrative Penalty (PDF, 202 KB) - RTB Form 56. Be sure to clearly indicate the grounds for review and include all evidence that supports your claim. Submit your application along with the $50 filing fee:

• In person or by mail to the Burnaby RTB office at 400 - 5021 Kingsway, Burnaby, V5H 4A5
  • If you submit your application by mail, ensure it is postmarked by Canada Post staff and sent within the 15-day review period.
• In person at a Service BC location

You may pay the filing fee by:

• paying in person at the RTB Burnaby Office or a Service BC Office
• sending a certified cheque or money order payable to the Minister of Finance to the RTB Office

You can apply to have the filing fee waived if you have:

• Low income and you cannot pay the filing fee or
• Extraordinary expenses that would make paying the filing fee a hardship

To apply for a fee waiver, you need to:

1. Submit your Application for Review Consideration of an Administrative Penalty in person to the Burnaby RTB office or a Service BC office
2. When you submit your application, request that the filing fee be waived due to having low income or extraordinary expenses
3. Be prepared to provide information about:
   1. Your income and household details and enrollment in an income assistance program if you’re applying for a low-income fee waiver
   2. Your income and household details and your extraordinary expenses if you’re applying for an extraordinary expenses fee waiver

You do not need to complete a Form RTB-17: Application to Waive Filing Fee when requested a fee waiver for a review consideration of an administrative penalty application. Your fee waiver application will be sent to the CEU who will determine whether to grant a fee waiver.

Deadlines

 After you receive a decision or order, you must submit your completed application for review within 15 calendar days (calendar days include weekends)

• Learn more about timelines for serving orders

Possible outcomes

 The RTB considers the written application and evidence only – applications can either be dismissed or considered for further review.

The RTB will send a copy of the decision to the party who made the Application for Review Consideration of an Administrative Penalty. If a review is not granted, nothing more will happen.

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