The participatory hearing process

Last updated on December 15, 2023

A participatory hearing is an accessible, affordable arbitration process for when landlords and tenants can't resolve a legal dispute on their own and can't apply for a direct request to resolve the issue.

The landlord and tenant attend a hearing, and each share testimony and evidence with an arbitrator who makes a decision both parties must follow.

Application process

Use the proper process at the right time

Make sure you're familiar with the responsibilities in your tenancy agreement, and first try to resolve the issue yourself
Review the information about direct requests. Your issue might be covered under this process
Determine if you are making a regular or expedited application
Check your deadlines
- Review these tenancy calculators
Determine if you are an applicant or a respondent
Make sure you have evidence to support your case
Prioritize your issues
If you are applying to waive the filing fee, gather your fee waiver documents

Learn more about preparing to apply for dispute resolution.

Complete and file the application

Decide whether to file online or in person
Check that you have the other person's address for service
Fill in the application
File the application
Get the Notice of Proceeding package
Check your hearing date in the Notice of Proceeding package

Get detailed instructions for completing and filing the application.

Serve the Notice of Proceeding package

Pick up the package before the deadline
Serve the Notice of Proceeding package to the other person within 3 days of picking it up

Get detailed instructions for serving the Notice of Proceeding package.

Gather, file and serve evidence

Know your deadline for serving evidence and submitting it to the Residential Tenancy Branch (RTB)
Build a timeline of events to help organize your thoughts
Find evidence to prove that the timeline is accurate
Organize and explain your evidence so you can file it
Submit the evidence to the RTB
Serve the evidence to the other person before the deadline

Get detailed instructions for organizing, submitting and serving evidence.

Prepare for the hearing

Tenants should prioritize remaining housed

If the tenant is disputing an eviction notice, they should consider the outcome of the hearing might not be what they expect. In cases where there is a lot of conflict between landlord and tenant, it's a good idea for the tenant to prioritize their well-being. If possible, they should try to find a new place to live.

Financial support

Low-income tenants can seek financial support for moving.

How to prepare for the hearing

Prepare your speaking notes
Arrange for someone to help you at the hearing if you need it
Prepare any witnesses

Wait times will vary

There is no specific wait time for dispute resolution cases to be heard. They change depending on the volume and type of applications. The most urgent applications, such as emergency repairs are heard first.

After you apply, give yourself enough time to prepare your case so you are ready to present when your hearing is scheduled. On the day of your hearing, expect to be available for up to an hour and a half.

For urgent, expedited cases, your hearing date might be sooner, so be ready with your evidence. The earliest an expedited hearing is usually scheduled is 12 days after receiving the application. In extreme cases it could be 6 days.

Learn more about preparing for a hearing

Hearing process

Each hearing is conducted according to the specifics of the case. The arbitrator conducts the hearing and decides how the hearing proceeds.

The following process is for general information only.

Step 1: Attend the hearing

Dial into the hearing at the correct time
The arbitrator starts the hearing with a round of introductions
The first party makes their case
The second party asks questions
The second party makes their case
The first party asks questions
The arbitrator asks the parties if they want to make a submission
- A submission is a suggested resolution to the conflict
Clarify where the decision should be sent (if necessary)

Get detailed instructions for the hearing.

Step 2: Get a copy of the decision and serve the order

The arbitrator decides within 30 days
The RTB gives the successful party copies of any signed orders
The successful party serves the demands of the other party

Learn more about making decisions and serving orders.

Step 3: Enforce decisions and tenancy laws

There are 2 avenues for enforcing tenancy laws in B.C.:

When you have an order from an arbitrator, you can apply to small claims court or the Supreme Court to enforce the orders
- Find out what happens after the dispute resolution hearing
When one party has repeatedly violated tenancy laws, you can request an investigation from the RTB's Compliance and Enforcement unit

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