Guide to Applying for Review of Penalties in BC

Understanding the Application for Review Consideration of an Administrative Penalty in British Columbia

If you have received an administrative penalty from the Residential Tenancy Branch (RTB) in British Columbia, you may have the option to request a review of that penalty. This process allows you to challenge the decision if you believe there are valid grounds to do so. This article provides an overview of the purpose of the form, eligibility criteria, and step-by-step instructions to complete and submit your application.

What is the RTB-56 Form and When Should You Use It?

The RTB-56 form, titled Application for Review Consideration of an Administrative Penalty, is specifically designed for tenants or landlords who wish to challenge an administrative penalty imposed by the RTB. It is important to note that this form is not for contesting decisions made during dispute resolution hearings; for those, a different process and form are applicable.

This form is used to request a review when you believe that the penalty was imposed unfairly or based on procedural errors, new evidence, or circumstances beyond your control. The goal is to ensure that the decision is just and accurate, based on the facts and legal standards.

Eligibility and Grounds for Filing

Before completing the form, you must verify that you meet the eligibility criteria. You can apply for a review if:

• You were unable to be heard (make submissions) due to unforeseen circumstances beyond your control, such as a medical emergency.
• You have new and relevant evidence that was not available at the time of the penalty decision, which could significantly impact the outcome.
• The RTB made a procedural error or technical irregularity that affected the penalty's imposition.
• The RTB failed to determine an issue it was legally required to consider.

Disagreeing with the penalty alone is not sufficient grounds; you must demonstrate that one of these specific reasons applies to your case.

Step-by-Step Guide to Completing the RTB-56 Form

1. Gather Required Information

Ensure you have all necessary details, including:

• Your compliance and enforcement file number.
• Details of the administrative penalty decision, including the date of the order and the date you received it.
• Personal identification information such as your full name, date of birth, contact details, and address.

2. Select Your Grounds for Review

On the form, you must select at least one valid ground for review and provide a brief explanation. For example, if you are claiming new evidence, clearly describe what it is and why it was not available earlier.

3. Attach Supporting Evidence

All relevant documentation must be attached to support your application. This could include medical records, new correspondence, or procedural error evidence. Remember, evidence already submitted during the original penalty process cannot be resubmitted unless it is part of new evidence.

4. Pay the Filing Fee or Request a Waiver

The standard fee is $50, payable in person or by mail, with options including cash, debit, credit card, or certified cheque payable to the Minister of Finance. If you qualify for a fee waiver due to low income or extraordinary expenses, you should request this at the Service BC Centre or RTB office.

5. Submit Your Application

Applications can be submitted in person at a Service BC Centre accepting RTB forms or directly at the Burnaby RTB office. If mailing, ensure the application is postmarked within 15 days of receiving the penalty decision. Late submissions require supporting evidence demonstrating exceptional circumstances.

Important Considerations After Submission

Once your application is received, the RTB will review your grounds and evidence. It is essential to understand that this process is not an opportunity to reargue your case or submit additional evidence unless it qualifies as new and relevant. The RTB's decision after review could uphold, modify, or cancel the administrative penalty.

Remember, timely submission and complete documentation are crucial for a successful review process. If you need an extension due to unforeseen circumstances, you must request it before the deadline, providing supporting evidence.

Conclusion

The RTB-56 form provides a structured process for tenants and landlords in British Columbia to challenge administrative penalties. By understanding the grounds for review, gathering supporting evidence, and adhering to submission deadlines, you can effectively seek a reconsideration of a penalty you believe was wrongly imposed. For further assistance, contact the RTB or visit a Service BC Centre to ensure your application is complete and properly filed.