WHEREAS the Province of British Columbia has enacted legislation through the Residential Tenancy Act RTA to protect tenants from unacceptable living conditions; AND WHEREAS Part 5 of the RTA outlines a process for resolving disputes that provides the Residential Tenancy Branch RTB with authority to make any order necessary to give effect to the rights, obligations, and prohibitions under the RTA, but in order to enforce an RTB order, it must be filed in the Court and enforced as a judgment or an order of the Court; AND WHEREAS tenants who wish to enforce their rights under the RTA must navigate a complex bureaucratic and legal process and be prepared to spend significant amounts of time and money to engage with the process, creating barriers for tenants to access the RTA, especially tenants with low incomes or other vulnerabilities: THEREFORE BE IT RESOLVED that UBCM urge the Province of British Columbia to increase the effectiveness and accessibility of the residential tenancy dispute resolutions process by amending the RTA such that the RTB enforces their dispute resolution decisions or orders, and does so within a reasonable timeframe.
Ministry of Energy, Mines and Natural Gas and Minister Responsible for Housing The Province recognizes that most landlords and tenants fulfill their responsibilities and do not require dispute resolution services. The Residential Treasury Act establishes a dispute resolution process for the four percent of tenancies where a neutral, independent decision-maker is required. This quasi-judicial process responds to 20,000 complaints a year, a caseload larger than that of Small Claims Court. Like all civil actions, the landlord-tenant dispute resolution process relies on compliance with the law and with decisions and orders issued through the hearing process. When voluntary compliance is not achieved, it is enforced through a separate court action. The Province has no plans to change the enforcement process. Residential Treasury Board continues to improve the provision of information and services to landlords and tenants to make the dispute resolution process more accessible and effective for all parties.