RTB-2 – Application for Review Consideration

Jurisdiction: Country: Canada | Province/State: British Columbia

What is an RTB-2 – Application for Review Consideration?

The RTB-2 is the form you use to ask the Residential Tenancy Branch to review a final decision or order from a prior tenancy hearing. It is a limited, fast-track way to correct serious fairness problems or consider important new evidence that was not available the first time. It is not a second chance to re-argue your case. It focuses on narrow grounds set out in the legislation and policy.

Both tenants and landlords use this form. So do manufactured home park tenants and landlords. You use it after you receive a written decision or order from an arbitrator. You must point to one or more specific grounds that justify a review. You attach proof. You ask the Branch to pause enforcement if needed.

You would use this form if you missed your hearing for reasons beyond your control. Examples include a medical emergency, a car crash on the way to the hearing, or a service failure that meant you never received notice. You would also use it if you now have significant evidence that you could not have obtained earlier with reasonable effort. You may also use it if you can show the decision was obtained by fraud.

Typical usage scenarios

A tenant receives an order of possession after missing a phone hearing due to an unexpected hospital admission. They file an RTB-2, attach hospital records, and ask for a stay of the order while the Branch reviews whether to reopen the case. Or a landlord discovers a forged payment receipt that misled the arbitrator. They apply for review and submit expert verification showing the forgery. Another example is a manufactured home park tenant who receives the decision late due to a mail delivery error. They apply for review within the allowed time and attach proof of when they first saw the decision.

The form is designed to be focused. You identify the original file number and decision date. You select the ground or grounds you rely on. You explain your reasons in a short, factual statement. You attach your evidence. You ask for the specific relief you need, such as reopening the hearing or suspending an order while the review is decided.

When Would You Use an RTB-2 – Application for Review Consideration?

You would use this form when something fundamental prevented a fair hearing or when new, material evidence surfaced after the decision. You would not use it because you disagree with the outcome or want to present the same points again. If you cannot point to one of the recognized grounds, the Branch will dismiss your application.

You use it if you did not attend the hearing for reasons you could not control. For example, you were in the emergency room and could not call in. Your phone service failed due to a verified outage. A snowstorm closed roads and you had no safe travel option. A fire alarm forced an evacuation right before your hearing. You show proof, such as hospital intake records, an outage notice, or a police or incident report. You also explain why you could not notify the Branch in time.

You use it if you now have important evidence that was not reasonably available before. An example is a bank that only recently released transaction records after your hearing, despite your earlier request. Another is a building systems report that took longer than expected to complete. Or a witness who was unreachable for valid reasons is now available and has first-hand knowledge. You must explain why you could not obtain the evidence earlier with reasonable effort and how it could change the result.

You use it if you can show fraud affected the decision. This is rare and serious. You need clear proof, not suspicion. Examples include a forged signature on a key document or a knowingly false payment record used to mislead the arbitrator. You describe who committed the fraud, how it was done, and why it mattered to the outcome. You attach documents or expert statements that verify the fraud.

Typical users include tenants facing an order of possession after missing a hearing, landlords who discover deception in rent records, and park owners or park tenants dealing with late-discovered evidence about site services. Business owners who rent residential units also use it. So do property managers acting as agents. In each case, the applicant must move fast. The limit to apply is short. You should also request a stay if an order is about to be enforced.

Legal Characteristics of the RTB-2 – Application for Review Consideration

The RTB-2 triggers a statutory review process. It is not an appeal on the merits. It does not invite a full re-hearing unless the Branch decides to reopen the matter. The review is limited to narrow grounds. Those grounds protect fairness and the integrity of the process, not a party’s wish to try again.

The application is legally significant for two reasons. First, it asks the decision-maker to reconsider a final order based on defined criteria. Second, it can pause enforcement if a stay is granted. Without a stay, the original order usually remains enforceable. This is crucial for possession orders. If you face eviction, you should ask for a stay within the application and explain why it is needed.

Enforceability rests on compliance with the rules. You must file within the set time after receiving the decision. If you learned about the decision later due to lack of notice, the time runs from when you became aware. You must pay the required fee or submit a fee waiver request. You must serve the other party as required and keep proof of service. Your evidence must be relevant, reliable, and organized. Your explanation must fit one or more accepted grounds. If you miss these elements, the Branch can dismiss your application without a review hearing.

A granted review can lead to different outcomes. The Branch may dismiss the application after review if the grounds are not met. It may confirm the decision if the new material would not change the result. It may vary the decision to correct a serious issue. It may reopen the hearing to allow evidence that was not available. It may set aside the decision and order a new hearing. Each path depends on the strength of your ground and the impact on fairness.

The process is administrative and evidence-driven. You carry the burden to show that your ground applies. If you claim you could not attend, you must prove it was beyond your control and that you acted promptly once able. If you present new evidence, you must prove it was not reasonably obtainable earlier and that it matters. If you allege fraud, you must prove it with clear, persuasive material. The Branch will not accept speculation or broad allegations.

Keep confidentiality and privacy in mind. Only include sensitive data if it is necessary to prove your point. Redact personal identifiers that are not needed, such as full account numbers, while keeping enough detail to verify the record. Use first-hand documents where possible. Summaries carry less weight than original records.

Finally, know the limits. The RTB-2 is not the tool for correcting typos or minor clerical mistakes in a decision. It is also not the tool for arguing that the arbitrator misapplied the law where no review ground is met. The Branch expects focused, fact-based submissions tied to the permitted grounds. If you do that well, you improve your odds of a meaningful review.

How to Fill Out an RTB-2 – Application for Review Consideration

Step 1: Gather the essentials before you start.

Have the original file number, the decision or order, and the date you received it. Collect proof of when you received it, such as the email header or mail envelope. Assemble your supporting evidence for the review ground. If you seek a stay, gather proof of urgency and potential harm. If someone will act for you, prepare a signed authorization.

Step 2: Identify yourself and the other party.

Enter your full name, role, and contact details. State if you are a tenant, landlord, park tenant, or park owner. Include a phone number and email you check. List your mailing address. Enter the other party’s name and contact information as it appears on the original file. If there are multiple tenants or landlords, list all of them. Match the names to the original decision to avoid confusion.

Step 3: Provide the tenancy address and file details.

Enter the full rental unit address or the manufactured home site address. Include unit number, street, city, and postal code. Enter the original dispute resolution file number, the arbitrator’s decision date, and any order numbers. State the date you received the decision. If you did not receive notice of the hearing and learned of the decision later, state the date and explain how you learned about it. Attach proof.

Step 4: Choose your ground or grounds.

The form lets you select why you seek review. Select “unable to attend the hearing for reasons beyond my control” if that applies. Select “new and relevant evidence not reasonably available at the time” if you have such evidence. Select “decision obtained by fraud” if you have proof of deception that affected the outcome. Do not select a ground that you cannot support. It weakens your application.

Step 5: Write a short, focused explanation for each ground you claim.

Keep it factual and chronological. If you missed the hearing, explain where you were, what happened, and why you could not notify the Branch. Example: “On March 3 at 8:15 a.m., I suffered a medical emergency. Ambulance records are attached. I was admitted at 9:05 a.m. for tests during the 10:00 a.m. hearing. I could not access my phone. I emailed the Branch at 2:30 p.m. the same day once discharged.” If you have new evidence, state when you first requested it, why it was delayed, when you received it, and why it matters. If you allege fraud, describe the act, who did it, how the arbitrator relied on it, and what your proof shows.

Step 6: Attach your evidence.

Use clear copies. Number each page. Create a simple index at the front. Group related items. For inability to attend, attach records such as medical intake notes, police or incident reports, airline cancellation notices, or outage confirmations. For new evidence, attach the documents themselves, not just a summary. Add your earlier request or subpoena showing you tried to get them before. For fraud, attach the suspect document and the verification that proves it is false, such as a letter from the issuer or an expert’s statement. If you include photos or audio, explain what they show and when they were made.

Step 7: Ask for a stay of enforcement if needed.

If there is an order of possession or a monetary order at risk of enforcement, request a stay in the form. Explain the harm if the order proceeds before the review. Example: “I request a stay of the order of possession. I was hospitalized during the hearing. I filed as soon as I could. If enforced now, I will lose housing before the review.” Attach proof to support urgency. If you do not ask for a stay, the original order can be enforced while your application is pending.

Step 8: State the outcome you seek.

Be clear and realistic. You may ask the Branch to reopen the hearing so you can present your evidence. You may ask to set aside the decision and hold a new hearing. You may ask to vary a specific part of the decision affected by the new material. Tie your requested outcome to your ground. For example, if you missed the hearing, ask for a new hearing date. If you have new evidence, ask for a reconvened hearing to admit it.

Step 9: Confirm service details.

You will need to serve the other party with your filed application and all evidence. Use a service method allowed by the rules. Ensure you can prove delivery. Keep receipts, tracking records, delivery confirmations, or an affidavit of service. Note deemed delivery timelines for mail or courier when planning your dates. If the other party consented to email service in writing, follow that agreement. If not, use a permitted alternative that provides proof.

Step 10: Review, sign, and date.

Check that names match the original file. Check the decision date and the date you received it. Confirm your grounds are selected and explained. Confirm every document you cite is attached and legible. Sign the form. If you are an agent, include the signed authorization. If you need an interpreter, note that in your cover message when you file so arrangements can be made.

Step 11: Pay the fee or apply for a fee waiver.

The application carries a filing fee. If you cannot afford it, submit a fee waiver request with proof of income and expenses as required. A waiver request should be complete and honest. If the fee is not paid or waived, the Branch will not proceed.

Step 12: File your application promptly.

You can file electronically, by mail, or in person where accepted. File as early as possible within the deadline. Keep copies of everything. If you file close to a deadline, use a method that provides immediate confirmation. Follow any instructions you receive after filing. If you requested a stay, monitor your email or phone closely for a decision.

Step 13: Prepare for what happens next.

The Branch may screen your application first. It can dismiss it right away if it does not meet the legal grounds or was filed late without good reason. If the Branch accepts it, it may schedule a review event or reconvene the hearing. It may limit the issues to your stated grounds. Be ready to speak to those grounds only. Do not re-argue your original case unless the Branch reopens it. If a stay is granted, comply with any conditions, such as paying ongoing rent into trust.

Step 14: Avoid common mistakes.

Do not apply just to delay enforcement. That risks dismissal and costs. Do not flood the file with unrelated material. Stick to evidence that proves your ground and why it could change the outcome. Do not ignore service. If you fail to serve properly, your application may fail even if your ground has merit. Do not miss deadlines. If you learned of the decision late, explain that clearly and attach proof.

Step 15: Keep your submission professional.

Use clear, short sentences. Organize your documents. Label exhibits. Highlight dates and key passages. If you reference a page, cite it by exhibit and page number. Make it easy for the decision-maker to follow your story. That builds credibility and helps you secure the relief you need.

Real-world example of a complete filing looks like this. The applicant lists the file number and decision date. They explain they were in hospital during the hearing and attach admission and discharge records. They request a stay of the possession order. They apply within the time limit from when they received the decision. They serve the landlord by a permitted method and file proof. The Branch grants a temporary stay, reviews the application, and reconvenes the hearing to allow the tenant to present their defense. The reconvened hearing proceeds on the merits. A clear, focused RTB-2 made that possible.

If you follow these steps, you present a concise, persuasive application. You show you understand the limited scope of review. You give the Branch what it needs to decide quickly and fairly. Most importantly, you protect your rights within the short timelines that apply.

Legal Terms You Might Encounter

• Review consideration means a limited re-check of a decision or order. You use the RTB-2 to ask for it. The decision-maker decides whether your request meets strict rules before anything moves forward.
• Grounds are the specific reasons the rules allow for a review. You must choose the correct ground on the form and explain facts that match it. If your reason is not an allowed ground, your request will likely fail.
• Decision or order is the written outcome from a previous hearing. It may deal with rent, repairs, deposits, or possession. You attach a copy to the RTB-2 so the decision-maker sees what you want reviewed.
• New and relevant evidence is information you did not reasonably have for the first hearing. It must matter to the issues and not be something you could have found with normal effort. On the RTB-2, you must explain why it was unavailable before.
• Service means properly delivering documents to the other party. The rules set out acceptable methods and timelines. On the RTB-2, you confirm how you will serve or have served documents and keep proof.
• Stay of enforcement pauses an order while your review is considered. A stay is not automatic. If the form lets you request a stay, explain why a pause is necessary and what harm you face without it.
• Affidavit or sworn statement is a signed, witnessed document confirming facts. Some review grounds work best with sworn evidence, especially if you claim you could not attend or did not receive notice. If you reference an affidavit on the RTB-2, label and attach it.
• Adjournment is a delay or rescheduling of a hearing. If your review is accepted, you may receive a new hearing date. Use the availability section on the RTB-2 to prevent scheduling conflicts.
• Material and relevant means the evidence or fact could change the outcome. Not every missing document is material. On the RTB-2, connect each piece of new evidence directly to the key issues in the decision.
• Procedural fairness refers to a fair process, including notice and a chance to be heard. If you claim you lacked a fair chance to participate, describe the facts clearly. The RTB-2 is how you present that concern for consideration.

FAQs

Do you qualify for a review consideration?

You qualify only if you meet one of the permitted grounds. Common grounds include being unable to attend for reasons you could not control or having new evidence you could not obtain earlier. A general disagreement with the outcome is not enough. Use the RTB-2 to state your ground clearly and attach proof.

Do you need to include the original decision?

Yes. Include the full decision or order, including all pages and any attachments. If you do not have it, get a complete copy before you file. The decision-maker must see what you want reviewed.

Do you automatically get a stay when you file?

No. Filing does not automatically pause enforcement of the order. If the form allows a stay request, make it and explain why a pause is needed. Without a stay, the order may be enforced while your request is pending.

Do you need new evidence to apply?

Only if you rely on that ground. New evidence must be both material and not reasonably available earlier. Explain what changed and why you could not have obtained it with reasonable effort before the hearing. Include the evidence and label it.

Do you have to serve the other party?

Yes, in most cases. Follow accepted service methods and deadlines. Keep proof of service, such as a delivery receipt or a declaration. If service is not done properly, your request can be dismissed or delayed.

Do you get a full rehearing?

Not automatically. First, a decision-maker reviews your RTB-2 to see if you meet a permitted ground. If accepted, you may get directions that could include a new hearing or other steps. If rejected, the original decision stands.

Do you have to pay a fee?

Usually, yes. The fee helps process your request. If you cannot afford the fee, check the form or instructions for a fee waiver option. If you request a waiver, include supporting financial details.

Do you need a detailed explanation on the form?

Yes. Be concise but specific. State facts, dates, and who did what. Connect your facts to the ground you chose. Vague claims like “the hearing was unfair” without details rarely succeed.

Checklist: Before, During, and After the RTB-2 – Application for Review Consideration

Before signing: Information and documents you need

• Your file number from the original decision or order.
• A complete copy of the original decision or order.
• The notice of hearing and proof of service from the first hearing, if available.
• Any new evidence you rely on, labeled and organized.
• A short timeline of key dates (hearing date, when you learned new facts).
• Proof that supports your ground (e.g., medical note, delivery receipt, flight delay notice).
• Contact details for you and the other party, including addresses for service.
• Your availability for any future hearing dates.
• A statement explaining why you could not attend, if that is your ground.
• Payment method or fee waiver documents, if needed.
• A draft request for a stay, with reasons and evidence of potential harm.

During signing: Sections to verify

• Correct form version and the correct file number throughout.
• Names of all parties exactly as they appear on the decision.
• The selected ground matches your explanation and evidence.
• Dates are accurate and in the correct format.
• Your address, email, and phone number are current and secure for service.
• Your evidence list matches the attached documents and labels.
• Your request for a stay is filled out, if applicable.
• Your signature and date are in the required places.
• Any declarations or certifications on the form are initialed if required.
• Page totals and attachments are counted and listed.

After signing: Filing, notifying, storing

• File the RTB-2 using an accepted filing method. Keep your receipt or confirmation number.
• Pay the filing fee or submit your fee waiver request. Keep proof.
• Serve a copy of the filed form and attachments on the other party. Use an approved service method.
• Keep proof of service (e.g., tracking, affidavit, delivery confirmation).
• Calendar all deadlines the confirmation gives you, including any reply or evidence deadlines.
• Prepare for a possible hearing. Organize evidence, label exhibits, and draft a short opening statement.
• Monitor for updates. Check your email and mail for notices, directions, or scheduling.
• Store everything in one file: the decision, your form, proof of service, and all evidence.

Common Mistakes to Avoid RTB-2 – Application for Review Consideration

Choosing the wrong ground

• Don’t tick a ground that doesn’t match your facts. If you missed the hearing for avoidable reasons, saying you “could not attend” will likely fail. Mismatch can lead to an immediate denial.

Missing the deadline

• Don’t wait. Deadlines are short and strictly enforced. Late filing usually ends your chances at review.

Submitting “new” evidence that isn’t truly new

• Don’t attach documents you had or could have found with reasonable effort before the first hearing. If it is not genuinely new and material, your request may be dismissed.

Skipping proof of service

• Don’t forget to serve the other party and keep proof. Without proof of service, your review can be delayed or denied.

Assuming filing pauses enforcement

• Don’t rely on an automatic pause. If you need a stay, request it on the form and explain the risk of harm. Without a stay, the order can be enforced.

What to Do After Filling Out the Form RTB-2 – Application for Review Consideration

File the form and pay any fee

• File promptly using an accepted method. Keep your confirmation or receipt. If you requested a fee waiver, watch for a decision on it.

Serve the other party

• Serve a complete copy of the form and all attachments. Use a permitted service method and keep proof. Record the service date and time.

Track the status

• Watch for a notice confirming the next step. You may receive a decision on the review request, directions to submit more information, a stay decision, or a hearing date.

Prepare your evidence package

• Organize your exhibits with clear labels. Use a brief cover sheet listing each document and its purpose. Prepare to explain why your ground is met and how the evidence could change the outcome.

Respond to directions

• If you receive directions with deadlines, follow them exactly. Late or incomplete responses can end your request. Send any required copies to the other party and keep proof.

Attend any scheduled hearing

• Show up on time and prepared. Have your evidence and key points ready. Focus on the review ground and the material issues. Keep your presentation brief and fact-based.

Monitor for the outcome

• You will receive a written outcome. If the review is accepted, you may get a new hearing or other instructions. If the review is denied, the original order remains in place.

Plan your next steps

• If a stay was granted, follow any terms attached to it. If your review fails, consider settlement, compliance with the order, or getting advice on your options. Keep all records for your files.

Maintain a clean record

• Store the filed form, decision, proof of service, correspondence, and any new orders. Clear records help if you need to show compliance or respond to any enforcement steps.