RTDR0004 – Declaration in Support of a Notice to Attend

Jurisdiction: Country: Canada | Province or State: Alberta

What is an RTDR0004 – Declaration in Support of a Notice to Attend?

This form is a sworn statement you file with the RTDRS. It explains why a named person should be ordered to attend your hearing. It also supports a request for that person to bring specific documents.

You use it to ask a Tenancy Dispute Officer to issue a Notice to Attend. The Notice to Attend compels a witness to appear. It can also require the witness to produce records at the hearing. The declaration gives the Officer the facts they need to decide your request.

Who typically uses this form?

Both landlords and tenants use it. Property managers, corporate landlords, and agents also use it. Respondents use it as often as applicants. The form is not for the witness. It is for the party that needs the witness.

Why would you need this form?

Use it when a key witness will not attend voluntarily. Use it when important records are missing. Use it when first-hand evidence is necessary. Written statements often have less weight. Direct testimony helps prove facts clearly. Records can resolve disputes faster and more fairly.

Typical usage scenarios

You need a contractor who repaired a leak to confirm the date and cause. You want a pest control technician to explain treatment steps and results. You want a building caretaker to confirm entry notices and inspections. You need a former property manager to explain ledgers and rent postings. You want a security guard to identify a person in a video. You need a bylaw officer to explain an order. You want a former tenant to explain the unit’s condition at move-out. You need a neighbor to verify noise events and dates. You want the landlord’s custodian of records to bring work orders. You need a business to bring specific records, like key fob logs or maintenance reports.

This form focuses on relevance and necessity. You must show that the witness has direct knowledge. You must show that the documents exist and matter. You must show that the request is reasonable in scope. General fishing requests will be refused.

The declaration sits within the RTDRS process. You file it under your file number. You tell the Officer who, what, and why. If approved, the Officer issues a Notice to Attend. You then serve the Notice to Attend as directed. The witness must then attend and, if required, bring the requested records.

When Would You Use an RTDR0004 – Declaration in Support of a Notice to Attend?

You use this form when voluntary cooperation fails. Start with a polite ask. Confirm the hearing date, time, and format. Explain why their evidence matters. If they refuse or ignore you, use this form.

Tenants commonly use it to secure building records. For example, you reported no heat. The landlord disputes your dates. You ask the building manager to bring heating logs and work orders. They decline. You file the declaration. You explain why the logs prove the outage dates. You request the manager’s attendance and records.

Landlords commonly use it to secure contractor testimony. For example, you allege tenant damage. The tenant blames wear and tear. You ask the plumber to confirm misuse. The plumber is busy and will not attend without an order. You file the declaration. You explain why the plumber’s evidence is material.

Use it when credibility is central. Eyewitness evidence can be decisive. Hearsay will not carry the same weight. The declaration shows the Officer that the witness’s live account is needed.

Use it to compel a corporate representative. Sometimes you need a company, not a person. For example, you need a property management company to bring the rent ledger. You can ask for a records custodian to attend. That person can explain the ledger and entries.

Use it to resolve missing disclosure. You asked for move-in inspection photos. The other party refuses. You explain the efforts you made. You explain why the photos matter. You request that the person who controls the photos attend with them.

Timing matters. Use the form as early as possible. Hearings move quickly. The Officer will consider fairness to both sides. Late requests may be denied. You must also allow time for service. Plan with the hearing date in mind.

Use the form when proportionality is met. Do not ask for broad categories to fish for issues. Tie the request to your claims or defenses. Define time frames. Identify units and dates. Focus on what is strictly needed to decide the dispute.

Legal Characteristics of the RTDR0004 – Declaration in Support of a Notice to Attend

The declaration is a sworn or affirmed statement. You certify that the facts in it are true. It forms part of the hearing record. It helps the Officer decide whether to issue a Notice to Attend. The declaration itself is not an order. It does not bind the witness. The Notice to Attend, once issued and properly served, does.

Why is it binding?

The RTDRS has the authority to compel attendance and records. The Officer exercises that power through a Notice to Attend. Once issued and served, the person named must comply. The hearing can then rely on their testimony and documents.

What ensures enforceability?

Several things do. The Officer must have jurisdiction over the dispute. The request must be relevant and necessary. The Notice must clearly name the person. It must state the hearing date and how to attend. It must specify documents to bring, if any. It must be served in the manner required. Service must be on time. The request must not be abusive or overbroad. The scope must be clear and reasonable.

There are consequences for non-compliance. The Officer can proceed despite a no‑show. They can draw an adverse inference. They can give more weight to the other side’s evidence. They may award costs or grant other procedural directions. In some cases, enforcement steps can follow. The key point is simple. A properly issued and served Notice to Attend has real effect.

You also face duties when filing the declaration. Tell the truth. Do not exaggerate. Do not include private information beyond what is needed. Do not seek privileged material. You cannot compel solicitor‑client communications. You cannot force the production of settlement discussions. Be ready to justify each requested document. Explain why each item matters and for what issue.

Be mindful of privacy. Narrow your request to the unit, dates, and issue in dispute. Redact account numbers and unrelated personal data if not needed. Ask for work orders, not full HR files. Ask for rent ledgers for the tenancy period, not before.

Consider proportionality and burden. Avoid vague terms like “all records.” That invites refusal. Be precise. Limited, targeted requests are more likely to be granted.

Service is crucial. The Notice to Attend must be served properly. Personal service on the witness is often required. Some witnesses may accept email service. The Officer may set conditions. Keep proof of service. You may need to file a service declaration before the hearing.

Finally, consider costs. You may be directed to cover reasonable witness costs. That may include modest fees or mileage for non‑party witnesses. Plan for this in advance. Confirm details in your declaration if asked.

How to Fill Out a RTDR0004 – Declaration in Support of a Notice to Attend

Follow these steps. Prepare clear, specific, and accurate information. Keep copies of everything you file.

1) Gather your file details.

• Locate your RTDRS file number.
• Confirm the hearing date, time, and format.
• Note the issues in dispute. Tie your request to those issues.

2) Identify the witness precisely.

• Provide the full legal name.
• Include any job title or role.
• If a company, state the legal name. Add “records custodian” or a specific representative.
• Provide contact details. Include phone, email, and address if known.
• State the witness’s relationship to the dispute.

3) Describe why attendance is necessary.

• Explain what the witness saw, did, or knows.
• Link their evidence to a specific issue, such as rent, damage, or repairs.
• State why a written statement is not enough.
• Use dates and locations. Name the rental unit and time frame.

Example: “The contractor repaired the unit’s bathroom on March 3. They can confirm the cause of the leak. This goes to liability for water damage.”

4) List the records to bring, if any.

• Create a short, precise list. Use date ranges.
• Identify the unit and the type of records.
• Avoid broad terms like “all documents.”
• Explain why each record matters.

Example: “Work orders for Unit 1203 from January 1 to March 31. To show repair dates and actions taken.”

You can include the request in the schedule. Label it “Schedule A: Documents to Produce.” Keep it concise and itemized.

5) Explain your efforts to get cooperation.

• State who you contacted and when.
• Describe how you contacted them. Phone, email, or in person.
• Summarize their response or lack of response.
• Attach proof if available. Emails, call logs, or letters.

Attach this proof as “Schedule B: Attempts to Obtain Voluntary Attendance.”

6) Confirm attendance logistics.

• Indicate whether the witness can attend by phone or video.
• Provide any limits on their availability.
• Note time zone issues if any.
• Request a short window if needed. Explain why.

7) Address costs, if applicable.

• State that you will comply with any direction on witness costs.
• If you propose specific costs, list them. Keep them reasonable.
• If the witness is your employee, note that costs are not sought.

8) Add any needed accommodations.

• If the witness needs an interpreter, say so.
• If they need special arrangements, explain briefly.

9) Complete the declaration section.

• Read the declaration statement carefully.
• Confirm that your facts are true to the best of your knowledge.
• Sign and date the form.
• Print your name under your signature.

If the form requires a Commissioner for Oaths:

• Do not sign until you are in front of the Commissioner.
• Bring government photo ID.
• Sign in their presence. Have the Commissioner complete their portion.

10) Attach schedules and exhibits.

• Attach Schedule A (Documents to Produce) if you used one.
• Attach Schedule B (Attempts to Obtain Voluntary Attendance).
• Number each page. Use page labels for clarity.
• Refer to each schedule in the body of the declaration.

11) File the declaration with the RTDRS.

• File it under your file number.
• Do this as early as possible before the hearing.
• Keep a stamped copy or filing confirmation for your records.

12) Await the Officer’s direction.

• The Officer may issue the Notice to Attend as requested.
• They may narrow the scope or adjust timelines.
• They may set service requirements. Follow them precisely.

13) Serve the Notice to Attend.

• Once issued, serve the Notice to Attend and any schedules.
• Use the service method directed. Personal service is often required.
• Serve within the required timelines.
• Be polite and professional during service.

14) Prove service.

• Complete the required proof of service form after service.
• Attach the Notice to Attend and schedules to your proof if needed.
• File the proof of service before the hearing, if directed.

15) Prepare for the hearing.

• Confirm the witness has the connection details.
• Send them a reminder of the date and time.
• Ensure they have the Notice and the requested records.
• Prepare your questions. Keep them focused and relevant.
• Have copies of any produced documents for the other side.

Practical drafting tips

• Use plain terms. Avoid jargon.
• Keep each request tied to a fact in dispute.
• Avoid duplicates. Do not ask for what you already have.
• Use tight date ranges. Narrow the scope.
• Name the unit and address in every request.
• Explain why live testimony matters for each topic.

Examples of good document requests

• “Move‑in inspection report for Unit 210, dated May 1.”
• “Rent ledger for Unit 210 from May 1 to October 31.”
• “Pest control service reports for Unit 210, July to September.”
• “Key fob entry logs for Unit 210 door, September 10, 5 pm to 11 pm.”
• “Water leak work orders for Unit 210, August 15 to August 30.”

Examples of poor requests:

• “All documents about the building.”
• “Any and all emails ever sent by management.”
• “Every maintenance record for all units.”
• “Everything you have about me.”

Common mistakes to avoid

• Filing too late to allow service.
• Asking for privileged communications.
• Failing to explain why the witness is necessary.
• Leaving out contact details for the witness.
• Using vague terms and broad time frames.
• Not attaching proof of your prior attempts.
• Forgetting to sign the declaration.
• Serving the wrong person or address.

If the witness is a company:

• Address the Notice to the legal entity.
• Request the attendance of a records custodian or knowledgeable representative.
• Specify the records clearly by category and date.
• Include the correct registered or business address for service.

If the witness is a former employee:

• Identify them by name and last known contact info.
• Explain their role and knowledge in your declaration.
• Serve them personally if required.

If the witness is the other party’s staff:

• Attempt voluntary cooperation first through counsel or the party.
• If refused, use the declaration to show why an order is needed.

If the witness fears sharing private data:

• Narrow your request further.
• Offer redactions. For example, mask account numbers.
• Explain that only relevant pages are required.

After the hearing:

• Keep notes on whether the witness appeared and what they produced.
• Be ready to address any gaps if the witness did not comply.
• Ask the Officer for directions if the records are missing.

Your goal is clear. Secure the right evidence in a fair, efficient way. Use this declaration to show the Officer three things. The witness has material evidence. You tried to get it voluntarily. The request is focused, reasonable, and timely. If you do that, you give the Officer what they need to issue the Notice to Attend.

Legal Terms You Might Encounter

• A declaration is your sworn or affirmed statement of facts. In this form, you declare why a person must attend your hearing or produce records. You confirm what you know, how you know it, and why the evidence matters.
• A Notice to Attend is the companion form that asks the tribunal to require a person to come to the hearing or bring documents. Your declaration supports that request. It shows the decision-maker that the witness is necessary and that the documents are relevant.
• A deponent is the person who makes the declaration. If you are filling out RTDR0004, you are the deponent. You confirm the contents are true to the best of your knowledge.
• A Commissioner for Oaths or a Notary Public is the official who takes your oath or affirmation. You must sign this declaration in front of one of them. They confirm your identity and that you swore or affirmed the contents.
• Service means delivering documents to the people who must get them. Your declaration may include details about how you plan to serve the Notice to Attend or why strict timelines matter. Accurate service information helps the tribunal judge fairness.
• Relevance explains why the witness or documents matter to the issues in dispute. In your declaration, you should connect each person or record to a fact the tribunal must decide. Clear relevance increases the chance that the notice is granted.
• Personal knowledge means facts you know firsthand. If you learned something from someone else, say so. In your declaration, separate what you saw or did from what you were told. This helps the tribunal weigh your evidence.
• Exhibits are documents you refer to in your declaration. If you include emails, photos, or logs, label them clearly. Refer to each exhibit in your text and explain how it supports your request for a Notice to Attend.
• Material evidence is information that could affect the outcome. Your declaration should show that the witness or documents provide material evidence. Explain how missing evidence would harm your ability to prove your claim or defense.
• Undue burden means a request is unreasonably heavy or intrusive. If your request could be seen as broad, explain why it is focused and reasonable. Show that you asked for voluntary cooperation first and tailored the request to what you truly need.

FAQs

Do you need a declaration for every Notice to Attend?

Yes. The declaration shows why the witness or records are necessary. It is your evidence supporting the request. Without it, the tribunal may not see why attendance or production is justified.

Do you have to swear or affirm this declaration?

Yes. You must sign in front of a commissioner for oaths or a notary. Choose oath or affirmation. The content stays the same. Your signature confirms the truth of your statements.

Do you attach documents to your declaration?

Attach only what supports the request. Include emails showing failed attempts to get voluntary cooperation. Add photos or logs that show relevance. Label each exhibit and refer to it in the text.

Do you need to request both attendance and documents?

Ask only for what you need. If testimony alone is enough, seek attendance. If records are key, ask for document production. You can ask for both if each is relevant and necessary. Explain why each is needed.

Do you need to serve the other party with your declaration?

Yes. The other party must see what you seek and why. Include them in your filing and service plan. This ensures fairness and avoids surprises at the hearing.

Do you need to contact the witness before filing?

Try first. Ask the witness to attend or provide records voluntarily. Keep proof of your request and the response. Include those details in your declaration. Showing good faith efforts helps your request.

What if the witness refuses to attend after a Notice to Attend is issued?

Bring proof of service to the hearing. Tell the tribunal what happened. Ask for directions. The tribunal may consider remedies in the hearing process. Keep your records organized in case the issue arises.

Can you amend your declaration if facts change?

Yes, if new facts affect your request. File an updated declaration and serve it promptly. Explain what changed and why you updated it. Do this as soon as you learn of the change.

When is the right time to file the declaration?

File as soon as you know you need the witness or records. Early filing gives time to serve the notice and resolve issues. It also avoids last-minute delays at the hearing.

Can you use one declaration for multiple witnesses?

Use a separate declaration for each person or document group. Keep each request specific and focused. This avoids confusion. It also helps the tribunal grant each request on its own merits.

Checklist: Before, During, and After the RTDR0004 – Declaration in Support of a Notice to Attend

Before signing

• Gather the case number, hearing date, and time.
• Confirm the correct spelling of all names and addresses.
• Identify the witness’s full name, role, and contact details.
• List the specific documents you need, with dates and categories.
• Collect proof of your voluntary requests and responses.
• Assemble exhibits (emails, photos, logs, letters) and label them.
• Draft a short summary of why the evidence is relevant.
• Note any timing issues that affect service or preparation.
• Confirm the availability of a commissioner for oaths or a notary.
• Prepare a service plan for the Notice to Attend and related documents.

During signing

• Check that the case number matches your file.
• Verify your contact information is complete and current.
• Confirm the witness name and contact details are accurate.
• Ensure your reasons describe relevance and necessity clearly.
• Link each document request to a hearing issue.
• Refer to exhibits by label and attach them in order.
• Remove vague phrases and add concrete facts.
• Sign only in front of the commissioner or notary.
• Initial any corrections in the commissioner’s presence.
• Confirm that the commissioner or notary completes their section.

After signing

• Make clean, legible copies for filing and service.
• File the declaration with your request for a Notice to Attend.
• Serve the other party with your filing materials.
• Serve the witness with the Notice to Attend once issued.
• Record service details: date, time, method, and person served.
• Diarize deadlines and the hearing date.
• Follow up with the witness to confirm attendance or delivery.
• Prepare a short script of questions for the witness.
• Bring originals and copies to the hearing.
• Store a complete set of documents in your case file.

Common Mistakes to Avoid RTDR0004 – Declaration in Support of a Notice to Attend

• Don’t skip explaining relevance. If you just list names and records without reasons, your request may be denied. Tie each person or document to an issue the tribunal must decide.
• Don’t use vague or broad document requests. If you ask for “all documents,” the tribunal may see it as a fishing trip. Narrow your request by date, subject, and document type.
• Don’t ignore voluntary steps. If you do not try to get cooperation first, your request may appear heavy-handed. Show your attempts and any refusal. It supports the need for a formal notice.
• Don’t sign without a commissioner or notary. An unsigned or unsworn declaration is not valid. You risk delays and possible denial of your notice request.
• Don’t forget proper service details. If you cannot prove service, the notice may be ineffective. Record how and when you served each person. Keep receipts and confirmations.

What to Do After Filling Out the Form RTDR0004 – Declaration in Support of a Notice to Attend

1. File the declaration with your Notice to Attend request. Include all exhibits and your service plan. Check that the file number and hearing date are correct.
2. Serve the other party with your filing package. Provide your declaration, exhibits, and any proposed notice. Note the date and method of service. Keep proof in your file.
3. Once the Notice to Attend is issued, serve the witness. Use a method that lets you prove delivery. Include any required attendance details and document lists. Add clear instructions on where to attend and when.
4. Track deadlines and confirmations. Follow up with the witness to confirm attendance or document delivery. If you receive documents early, review them and update your hearing plan.
5. If something changes, act fast. If the hearing date moves or the witness becomes unavailable, prepare an updated declaration. File and serve it promptly. Note why the change matters.
6. Prepare for the hearing. Draft key questions for the witness. Highlight exhibits you plan to use with the witness. Mark pages for quick reference. Bring proof of service in case compliance is challenged.
7. Manage non-compliance. If the witness does not attend or provide records, tell the decision-maker at the start. Present your proof of service and your declaration. Ask for directions on how to proceed.
8. Keep your records organized. Store the signed original, filed copies, and service proofs. Note outcomes and any directions given. This helps if you need follow-up steps after the hearing.
9. If you need to amend, keep it tight. Update only what changed. Keep your relevance explanation clear. Re-serve affected parties and the witness. Confirm receipt.
10. After the hearing, close the loop. Record whether the witness attended and what documents arrived. Note any outstanding items and deadlines. Secure all materials with your case file.