The participatory hearing process
Last updated on December 15, 2023A 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.
On this page
Application process
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
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
Resources
Guides
- Guide One: Preparing for the hearing (PDF, 458KB)
- Guide Two: What to expect at the hearing (PDF, 227KB)
- Guide Three: After the decision (PDF, 291KB)
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