RTDRS – How to apply

Applications must be:

• made within 2 years from the date that a potential claim is discovered
• limited to claims of up to $50,000

The rental premises and the claims in the application must be covered by the Residential Tenancies Act (RTA) or the Mobile Home Sites Tenancies Act (MHSTA).

The definitions of landlord and tenant can be found in the Residential Tenancies Act or the Mobile Home Sites Tenancies Act.

See RTA Applicability to Accommodations (PDF, 486 KB) to see which types of housing are governed under the Residential Tenancies Act.

Section numbers in tip sheet are subject to change. Current as of April, 2017.

Landlords of a rental premises or mobile home site can apply for:

• unpaid rent and/or utilities
• ending the tenancy and possession of the premises
• compensation for losses due to an over-holding tenant (tenant has not vacated the premises at the end of the tenancy)
• other financial losses, known as ’damages’, resulting from the tenant’s breach of the rental agreement or contravention of the Act
• order for a non-tenant occupant to vacate the premises (individual is not listed as a tenant on the rental agreement)

Tenants of a rental premises or a mobile home site may apply for:

• return of security deposit
• ending the tenancy due to a landlord’s breach of the rental agreement
• financial losses, known as ’damages’, resulting from a landlord’s  breach of the rental agreement or contravention of the Act
• reduction of rent, known as an “abatement”, for being deprived of the benefit of a rental agreement
• compensation for performing the landlord’s obligations as outlined in the rental agreement

An applicant must also indicate that you:

• have not applied to a civil claims court in respect of the same matter
• are not aware of any application being filed in the courts with respect to this matter
• will notify RTDRS immediately if they become aware of any such application

Preparation is the key to a successful application. A well-prepared application is only the beginning of the process.

Once you file the application, you must serve notice of the hearing and of the application, including supporting evidence, on the respondent.  You must then attend the hearing and prove your claim to the Tenancy Dispute Officer, and then enforce the order.  This takes time and effort.

Before filing an application with the RTDRS, consider the following:

• Have you tried to resolve the matter directly with the other party?
• Do you have contact information for the respondent?
• Have you gathered all of the information and evidence to prove your claims against the other party? See our Evidence tip sheet for details.
• Does the respondent have income or assets that can be garnished or seized to satisfy a judgment?
• Have you contacted witnesses for statements and asked if they will attend the hearing?

When filing an application against your landlord or tenant, you must make sure that the name and spelling of the landlord or tenant is correct, as the order (if granted) will be issued against the exact name(s) you provide.

Individual landlord

When filing a claim against an individual landlord:

• use the full first and last name of each person you are filing the application against
• do not use initials, because initials do not sufficiently identify the person being claimed against
• if you are not sure who the owner of the property is or how to properly spell their name you can do a land title search on the rental premises address to find out who the owner of the property is; this can be done at any Alberta registry agent

Business

If you are filing an application against a business it is important to know whether the business is incorporated or unincorporated. An incorporated business usually has Limited, Ltd., Incorporated or Inc. after its name.

An incorporated business can only be claimed against in the name of the business. Put the full name of the business on the application form. Do a Corporation Search at a registry office to find out the exact name of an incorporated business.

Firms (partnerships of 2 or more people) and sole proprietorships are called unincorporated businesses. An unincorporated business must be claimed against in the name of the owner. Put the owner's full name and the name of the business on the application form.

To find out the owner(s) of an unincorporated business and the address of the owner, do a Trade Name Search at any Alberta Registry Agent or through SPIN 2, the Government of Alberta’s online portal.

There is a $75 filing fee at the time of your application.

• This can be paid by Debit, MasterCard, VISA, American Express, Cheque or Money Order. Cheques should be made payable to the “Government of Alberta”.
• The RTDRS does not accept cash.

If the filing fee is a financial difficulty, you may apply to the RTDRS to waive the fee.

You must provide 3 months’ proof of income, either as pay stubs or as a printout of your bank account.

Applicants may apply for a waiver of the filing fee by completing the RTDRS Fee Waiver Form (PDF, 98 KB) then submitting it to the RTDRS.

Landlord applications

• Landlord's Application for Termination of Tenancy and Unpaid Rent (PDF, 214 KB)
• Landlord's Application for Damages (PDF, 216 KB)
  • Review the RTDRS Damages Tip sheet

Tenant application

• Tenant’s Application (PDF, 213 KB)
  • Review the RTDRS Damages Tip sheet

An instruction sheet is attached to each application to help you fill out the form.

If you are including supporting evidence, read Step 2 below for details on how to properly prepare evidence.

Multiple remedies

A party may request relief for multiple remedies on one application form, provided:

• the issues are related, and
• it appears the same facts must be heard and considered by the RTDRS Tenancy Dispute Officer in adjudicating the matters in question

If the Officer determines in the hearing that one or more issues are not related, the Officer may:

• transfer the applicable issues to court
• dismiss the issues (with or without leave to re-apply), or
• order those portions of the application that are not related to be heard on different dates

Evidence is the legal word for things that are used to prove what happened during the tenancy. Evidence can be:

• documents, such as leases, agreements, termination notices, receipts, invoices and photographs
• audio and video recordings
• what you and your witness say in the hearing
• land titles searches, corporate registry searches

Evidence not accepted

The RTDRS does not accept:

• physical evidence such as insects, mould samples or weapons
  • instead you must submit photos with a written description
• evidence on an electronic device
  • electronic evidence must be printed, submitted on a USB drive or uploaded via the RTDRS eFiling Service

More information on evidence is available in the RTDRS Evidence tip sheet.

The Tenancy Dispute Officers adhere to the processes and procedures outlined in the RTDRS Rules of Practice and Procedure.

Organizing and marking your evidence

Detailed information on organizing your evidence is available in the Evidence tip sheet.

Making copies – application forms

You do not need to make copies of your application form. RTDRS will do that for you.

Making copies – evidence (if submitting application in person)

You must have the correct number of evidence copies when you arrive at the RTDRS office. The number of copies that you must make depends on the number of respondents in your application form:

• 1 respondent: original evidence plus 1 copy (2 sets of evidence in total)
• 2 respondents: original evidence plus 2 copies (3 sets of evidence in total)
• 3 respondents: original evidence plus 3 copies (4 sets of evidence in total)

You can submit your application either in person or online.

In-person filing

Take your completed application form and the correct number of evidence copies to the RTDRS office.

Hours: 9:30 am to 11:30 am, 1:30 pm to 3:30 pm (open Monday to Friday, closed statutory holidays)

Edmonton Office:
44 Capital Boulevard
Main Floor, 10044 108 Street NW
Edmonton, Alberta  T5J 3S7

Calgary Office:
Main Floor, Rocky Mountain Plaza
180, 615 Macleod Trail SE
Calgary, Alberta  T2G 4T8

Online filing

Create an account and apply online using the RTDRS eFiling Service.

In person

After you apply, an Information Officer will give you the appropriate number of copies of the filed Application Package.

The Application Package includes:

• the application form
• the documented evidence
• a Notice of Hearing form, which includes the date and time of the hearing

Online

You will receive 2 emails from the RTDRS once your application has been processed.

The first email will include your filed application package (application form, documented evidence and the Notice of Hearing). Make a copy of the entire filed Application Package for each respondent named in the Notice of Hearing form and serve each one with a copy.

The second email that you will receive will include the Declaration of Service. This form must be completed by the person who serves the application package on the respondent. You may submit the Declaration of Service form online via the RTDRS eFiling Service.

‘Serve’ is the legal word for delivering a legal notice to another party.

You must serve the Application Package on each respondent at least 3 clear days before the hearing date. The 3 clear days do not include:

• date of service
• date of hearing
• weekends
• holidays

For example, if your hearing is scheduled for Tuesday, service must be completed no later than the previous Wednesday.

See the Document Service Tip Sheet for detailed information on how to serve an RTDRS Application Package.

The only methods of service accepted by the RTDRS are listed below. Ultimately, the Tenancy Dispute Officer decides whether or not the service requirements have been met.

Landlords can serve documents in one of the following ways:

By email

You can serve documents by email as long as:

• the parties have previously communicated by email, or previously agreed to communicate by email, and
• you can demonstrate to the Tenancy Dispute Officer that the email was delivered, such as with a reply, a read receipt or verifying software

Personal service

You can serve the tenants or non-tenant occupants by giving the Application Package to them personally.

You must make several attempts to serve the Application Package. The service attempts should be on different days and at different times throughout the days (morning, afternoon and evenings, if necessary).

Keep a note of the dates, times and locations that you attempted to serve the Application Package. You will need this when filling out the Declaration of Service by Landlord form (PDF, 144 KB). If you are unable to serve the tenant personally at the rental premises you can serve them personally at any location.

By registered mail

You can serve the Application Package on the tenants or non-tenant occupants by registered mail.

Send it to the rental premises address. Keep all receipts and tracking numbers.

Service is completed on the date the respondent signs for the registered mail. You will need all of this information when filling out the Declaration of Service by Landlord form (PDF, 144 KB).

To an adult or posted in plain sight

If you have been unsuccessful in serving the tenant(s) and believe, based on available information, that the tenant(s) is:

• evading service and/or
• temporarily absent from the premises, you may:
  • serve an adult (18 years or older) who appears to live with the tenant, or
  • post the application package(s) in plain sight on the rental premises, usually on the door used most often by the tenant(s). You must post a copy of the application package for each tenant named as a respondent.

At the registered office address

If the tenant is a corporation, you can serve the Application Package at the registered office address as shown on a corporate registration search.

Contact the RTDRS for more ways to serve a corporation.

Tenants can serve documents in one of the following ways:

By email

You can serve documents by email as long as:

• the parties have previously communicated by email, previously agreed to communicate by email, and
• you can demonstrate to the Tenancy Dispute Officer that the email was delivered, such as with a reply, a read receipt or verifying software

Personal service

You can serve the Application Package on the landlord by giving it to them personally at any location.

By registered mail

You can serve the landlord by registered mail at:

• the address where you pay rent
• the address in the Notice of Landlord that was given to you by the landlord
• the address in the Notice of Landlord posted at the rental premises by the landlord

Keep all receipts and tracking numbers.

Service is completed on the date the landlord signs for the registered mail. You will need all of this information when filling out the Declaration of Service by Tenant form (PDF, 140 KB).

At the registered office address

If the landlord is a corporation, you can serve the Application Package at the registered office address as shown on a corporate registration search.

Contact RTDRS for more ways to serve a corporation.

If you have been served with an RTDRS Application package you must be available to attend the hearing on the date and time indicated on the Notice of Hearing form. It is your responsibility to ensure that the RTDRS has your most up-to-date telephone number. Contact the RTDRS office to provide a telephone number that you can be reached at for your hearing.

Alternatively, you may have a representative attend on your behalf. You must ensure that the RTDRS has the correct telephone number for the representative. If you or your representative do not attend, the hearing may proceed in your absence and an order may be issued against you. This order may have serious consequences for you.

You can defend yourself in one of 3 ways:

1. Provide evidence in defence of the application.
2. Provide evidence in defence of the application and file a counter-application.
3. Provide evidence in defence of the application and file an application at a later date.

Only claims in the application before the Tenancy Dispute Officer will be heard. If you are seeking compensation you must file your own application, not just defence evidence.

Provide evidence in defence of the application

If you:

• have been served with an RTDRS application, and
• do not agree with the claims in the application

you should prepare to defend yourself at the RTDRS hearing.

If you have evidence that you want the Tenancy Dispute Officer to review that supports your defence you must provide a copy of the evidence to the RTDRS and to the applicant at least 24 hours prior to the hearing date. If you do not, the Tenancy Dispute Officer may not accept your evidence at the hearing.

You can submit the defence evidence in-person, by mail or online.

Submit your defence evidence online with a RTDRS eFiling Service account. Please contact the RTDRS toll-free in Alberta by dialing 310-0000, then 403-297-2861 (Calgary) or 780-644-4330 (Edmonton), for the access code that you will require to verify your account.

Provide evidence in defence of the application and file a counter-application

If you:

• believe you have a claim against the party that filed an application against you, and
• are seeking compensation

you must file a counter-application before the hearing date.

Only claims in the application(s) before the Tenancy Dispute Officer will be heard. If you are seeking compensation you must file your own application.

The Tenancy Dispute Officer will hear the application and counter-application in one of these ways:

• together on the hearing date of the original application
• together at a later date (the original hearing date will be adjourned to another date so that both applications can be heard at the same time)
• separately, on different dates

The decision will depend on many factors, such as:

• service requirements
• time needed for the hearing
• if the same evidence and witnesses are needed for both applications

Provide evidence in defence of the application and file an application at a later date

If you:

• have been served with an RTDRS application
• you want to defend yourself against the claim, and
• you have a claim against the applicant

you can have the application heard on the hearing date and file your own application at a later date. Applications must be made within 2 years from the date that a potential claim is discovered.

If you have evidence that you want the Tenancy Dispute Officer to review that supports your defence you must provide a copy of the evidence to the RTDRS and to the applicant at least 24 hours prior to the hearing date. If you do not, the Tenancy Dispute Officer may not accept your evidence at the hearing.

If the tenant no longer lives at the residential premises, posting documents on the premises is not considered proper service. You may still serve the tenant in person at any location.

Alternatively, you can attempt service by registered mail to the tenant at a different residence address, as long as the tenant signs for the registered mail, acknowledging it has been received. The Tenancy Dispute Officer does not have the authority to force a party to provide a physical address.

You should make several personal service attempts on different days and times (mornings, afternoons and evenings). You must prove to the Tenancy Dispute Officer that your service attempts were made practically with sincere intentions.

Substitutional service

If you have not been successful after several reasonable attempts to serve the respondent(s), you may apply to the RTDRS to serve the documents in another way. This is called substitutional service.

You must complete a Declaration in Support of Substitutional Service (PDF, 133 KB) form in which you list your attempts at service, request approval to serve another way and explain why you believe the other way will be effective. A Tenancy Dispute Officer will review the request and make a decision.

The form is also available at the RTDRS offices in Edmonton and Calgary. To submit the request online, log into your RTDRS eFiling Service account. An Information Officer will contact you once your request has been reviewed by a Tenancy Dispute Officer.

Normally, a hearing needs to be scheduled to allow for a notice period of 3 clear days to take place. However, in extreme situations such as cases of significant damage to the rental premises, assault or threat of assault, a landlord may apply to reduce the notice period to the tenant/respondent. This is called ‘abridgement of service.’

Only the most serious cases will be accepted.

To apply for this, you must:

1. Fill out a Declaration in Support of Abridgement of Service (PDF, 153 KB)
   • include evidence to support your request
2. Submit the form in person or online through your RTDRS eFiling Service account.

The Tenancy Dispute Officer will review the request and make a decision.

Contact us if you have any questions.

After you have served the Application Package on the respondent, you will have to:

1. Fill out the appropriate Declaration of Service form
   • Landlords must fill out the Declaration of Service by Landlord form (PDF, 144 KB).
   • Tenants must fill out the Declaration of Service by Tenant form (PDF, 140 KB).
   • If you used a process server to serve the documents, they must fill out the form.
   • If the Application Package was served by registered mail, you must provide the RTDRS the postal receipt with the tracking number and the Signature for Certificate of Delivery Confirmation document (which you can get through a Canada Post office or their website).
2. File the Declaration of Service form with RTDRS
   • You can file the forms before or on the day of the hearing.
   • You can file in-person or online through your RTDRS eFiling Service account.

Applicants can submit additional evidence not included in their original application. They must serve it on the RTDRS and the respondent at least 24 hours  in advance of the hearing. Evidence must be submitted in-person, by mail or online through your RTDRS eFiling Service account.

If you do not serve your defence or additional evidence to the other party and the RTDRS at least 24 hours prior to the hearing, your evidence may not be accepted. Alternatively, the matter may be adjourned to a different date to allow everyone to review the evidence.

If you have resolved your claim before the hearing, there are a couple of options:

1. The applicant may withdraw their application by sending the RTDRS a Notice of Withdrawal (PDF, 105 KB) form. You should also advise the respondent that you have done this.
2. The applicant can choose to continue the process. The applicant and respondent may attend the hearing and tell the Tenancy Dispute Officer at the beginning of the hearing that they have resolved the dispute.

The RTDRS does not refund fees for withdrawn matters.

If the resolution is acceptable to the Tenancy Dispute Officer, they may issue a Consent Order. This order documents the agreement and is signed by the applicant and respondent. It also outlines next steps if the agreement is not kept, so that the applicant and respondent do not have to make another application or attend another hearing.

All RTDRS hearings will be scheduled to take place by telephone. Parties participating in a hearing have the responsibility to ensure the RTDRS office has a current telephone number.

Telephone hearings

You will be called by the Tenancy Dispute Officer at the phone number that is provided to the RTDRS prior to the hearing. If you cannot be contacted at that phone number at the time of the hearing, contact RTDRS well before the hearing and provide the correct number.

See RTDRS Telephone Hearing Tips for more information.

In-person hearings

If a party to an application prefers to have the hearing conducted in-person, in either the Edmonton or Calgary RTDRS office location, they must:

• obtain the consent of the other party, and
• make this request to the Tenancy Dispute Officer at the telephone hearing

If the Tenancy Dispute Officer determines the hearing will be conducted in-person, they will adjourn the hearing to another date.

When attending a hearing in person in, please appear at least 15 minutes before the hearing start time at the chosen RTDRS office location.

• Attend or be ready for your hearing on time.
• The applicant and respondent must both be available at the scheduled start time and for 90 minutes after the start time to accommodate for any delays.
• If your hearing is by telephone, the Tenancy Dispute Officer will call the applicant and respondent at the telephone numbers that the:
  • applicant provided on the application form, or
  • respondent provided to the RTDRS office
• Witnesses must attend or be ready for the hearing on time.
• Be sure to have the correct telephone number for the witness in advance.
• Review the evidence, information and documents that you provided to RTDRS and the other party prior to the hearing.
• Have the documents (for example, the Application Package, additional evidence, defence evidence) with you as you will be required to refer to the documents during the hearing.

The telephone call for your hearing may come from an “Unknown” or “RTDRS” telephone number. Ensure your telephone will accept the phone call from RTDRS by turning off any call blocking/spam features you may have selected.

Check the application well before the date of the hearing to make sure that your phone number is listed correctly. If not, update your telephone number for an upcoming hearing by calling 403-297-8550. Leave a message with your case number, full name and telephone number.

The Tenancy Dispute Officer will tell you what to do if you are disconnected, which is usually to hang up and they will call you back.

• The Tenancy Dispute Officer manages the hearing process and will follow the process outlined in the RTDRS Telephone Hearing tip sheet. However, they may alter the process to suit the case before them.
• All parties participating in the hearing are expected to conduct themselves in a courteous and respectful manner.
• Anyone who displays disruptive, disrespectful or threatening behaviour may be required to leave the hearing.
• The Tenancy Dispute Officer will give verbal reasons for their decision to both parties plus a written order at the end of the hearing.
• If the matter is more complicated the Tenancy Dispute Officer may decide to reserve their decision. This means that they will contact the parties (in person, by telephone or by mail) within 30 days to give them their decision (verbal or written) and a written order.

If you do not attend the hearing, the Tenancy Dispute Officer may conduct the hearing without you and an order may be granted in your absence. The order may have serious consequences for you.

You may choose to have a representative attend the hearing on your behalf. However, the best evidence will come from the people who have first hand information about the events in question.

‘Adjourn’ or ‘adjournment’ is the legal word for delaying the hearing and re-scheduling it to a later date.

A hearing may be re-scheduled if the Application Package has not been served on the respondent or if all parties consent to the re-scheduling of the matter. The applicant must advise RTDRS of the need for an adjournment in writing, by fax or email prior to the hearing date and time set out in the Notice of Hearing form.

If the Application Package has not been served

If the original Application Package has not been served on the respondent, RTDRS will change the date and time of the hearing and the applicant will serve the respondent with the new Application Package.

If both parties agree to re-schedule the hearing and RTDRS has been advised:

the applicant has 10 business days from the date of the original hearing to set a new hearing date and time with the RTDRS or the file will be closed
the applicant does not have to re-serve a copy of the new date on the respondent if both parties agree to the re-scheduled time

If both parties cannot agree on the new date and time the applicant must serve the respondent with a copy of the new Notice of Hearing form.

If a party is unable to attend

If a party requests that a hearing be adjourned because they are unable to attend and the opposing party does not consent to the adjournment the hearing will commence at the scheduled time. The person who is unable to attend should send someone on their behalf or appear via teleconference to request an adjournment.

At the discretion of the Tenancy Dispute Officer a party may make a request for an adjournment in writing for consideration. The Tenancy Dispute Officer will then consider the request to adjourn the matter to a later date. If an adjournment is granted, the Tenancy Dispute Officer will set a new date and time for the hearing to commence.

The Tenancy Dispute Officer may also adjourn the hearing to meet a requirement of fairness. For example, if the Application Package was not served properly, the Tenancy Dispute Officer may adjourn the hearing. For more information on the adjournment process, please refer to the RTDRS Rules of Practice and Procedure.

The Tenancy Dispute Officer may issue different orders to suit the situation.

With some exceptions, RTDRS Orders are valid for 10 years.

Order for Possession and/or Judgment

This order may be issued when a landlord applies to:

• terminate (end) the tenancy
• obtain possession of the rental premises
• obtain a judgment for unpaid rent and/or utilities

The Tenancy Dispute Officer has the option to make the order conditional or unconditional. A conditional order means that there are payment terms in the order that the tenant must comply with in order to continue to reside in the premises. See the After the Order Chart for more information.

Order for Judgment

This order may be issued when the landlord or tenant applies for:

• return of security deposit
• unpaid rent and/or utilities
• financial damages due to a breach of the Residential Tenancies Act, the Mobile Home Sites Tenancies Act or the rental agreement
• compensation for physical damage to the rental premises
• compensation for an over-holding tenant
• compensation for performing the duties of the landlord
• abatement or reduction of rent

Consent Order

This order may be issued when the applicant and the respondent both agree to settle their dispute, either before or during the hearing. If the Tenancy Dispute Officer has no issue with the agreement, they may write that agreement in an order and provide next steps if the agreement is not kept.

Withdrawal Order

This order may be issued if the applicant withdraws their application during the hearing.

Referral to Court Order

This order may be issued if:

• the courts are the best place for the matter to be heard due to the length of the hearing or the complexity of the issues
• the Tenancy Dispute Officer believes that they do not have jurisdiction to hear the application, because:
  • the application involves a dispute that is not covered by theResidential Tenancies Act or the Mobile Home Sites Tenancies Act, or
  • it involves issues of constitutional law, human rights or other issues that a Tenancy Dispute Officer is not authorized to decide

Dismissed Order

This order may be issued if:

• the Tenancy Dispute Officer decides that the applicant has not proven their claims against the respondent
• the applicant does not attend the hearing or abandons their application

Filing the order

After the order is issued, RTDRS will give, email, fax or mail copies of the order to you. The RTDRS order must be filed at the Court of King’s Bench as soon as possible in order to be enforced as a judgment of the Court of King’s Bench. Either RTDRS will file the order directly with the Court, or the applicant may file the order.

Once the order has been filed at the Court of King’s Bench, the applicant must serve a filed copy on the respondent.

Enforcing an order

If your order is for a judgment amount only and the respondent fails to pay you, you can take steps to enforce the judgment amount at the Court of King's Bench. See ‘Getting and Enforcing your Judgment in Alberta’ at the Alberta Courts website.

If the order granted indicates dates and amounts of payment, it is a conditional order and, if the respondent fails to comply with the terms of the order, the applicant may serve the respondent with a Notice of Default PDF, 90 KB). If the respondent fails to vacate or pay the amounts indicated in the order, the applicant may enforce the order at the Court of King’s Bench. The applicant must also contact a Civil Enforcement Agency to enforce possession. 

For more information on next steps after the order has been issued, review the RTDRS Order: Next Steps and After the Order tip sheets.

If the respondent fails to comply with an RTDRS Order, the applicant will need to contact a Civil Enforcement Agency to enforce the order. This can include if:

• the tenant refuses to vacate the property
• the respondent fails to pay the judgment amount after they have been served with an order

An RTDRS staff member or other government official cannot change or cancel the decision of a Tenancy Dispute Officer. This deference protects the independent decision-making of Tenancy Dispute Officers. However, there are a few actions you can take:

Clerical error or clarification

A clerical error is a typographic, grammatical, arithmetic, or mistaken omission in the order. A clarification may be necessary when a party is not sure how to interpret an order.

If your order contains a clerical error or you need clarification, provide RTDRS with a completed RTDRS Request Form (PDF, 151 KB) for either an amendment or a clarification. The Tenancy Dispute Officer will review your request. This should be done before filing the order at the Court of King’s Bench, if possible.

A clarification from the Tenancy Dispute Officer may be requested when a party is not sure how to interpret an order.

Procedural fairness

Under the very limited circumstances listed below, you can make an application to set-aside or vary the order granted.

A Tenancy Dispute Officer may only set aside or vary an order granted:

• if the order was made without notice to one or more of the parties
• if the order was made following a hearing at which a party did not appear because of an accident, a mistake or insufficient notice of the hearing, or
• on other grounds consistent with procedural fairness

If these circumstances apply to your hearing, you may provide the RTDRS with a completed RTDRS Request Form (PDF, 151 KB) to set aside or vary the order granted. The Tenancy Dispute Officer will review your request. At their discretion, the Tenancy Dispute Officer may stay the existing order pending a new hearing, vary the existing order, or set aside the existing order and issue a new one.

If you believe that the Tenancy Dispute Officer made an error in their decision

If the applicant or respondent believes the Tenancy Dispute Officer made an error of law or jurisdiction they may appeal to the Court of King’s Bench within 30 days of the date that the order is filed.

• An example of an error of law is that the Tenancy Dispute Officer did not interpret the legislation correctly.
• An example of an error of jurisdiction is that the Tenancy Dispute Officer made a decision they are not authorized to make.

Simply disagreeing with the decision is not a valid reason to appeal.

A request to have the Tenancy Dispute Officer set aside or vary an order is not an appeal.

If you have comments or suggestions about the quality of RTDRS services, policies or procedures

The RTDRS Administrator can review the conduct of a Tenancy Dispute Officer in reference to the Code of Conduct. The RTDRS Administrator may also receive feedback about service quality, including:

• issues related to the conduct of other RTDRS staff
• concerns/suggestions regarding RTDRS policies and procedures

Such feedback is considered an opportunity for improvement. The RTDRS Administrator typically completes the review and responds in writing within 30 days.

If you believe a clerical error was made in the order, there is need for a clarification, or you have a concern about procedural fairness or service quality, you can submit a request:

1. Review the RTDRS Request Process tip sheet. This tip sheet outlines how to raise your concerns and what will happen once it is received.
2. Complete the RTDRS Request Form (PDF, 151 KB) and submit it online, by email, fax, mail or delivery to an RTDRS office. To submit the form online, log into your RTDRS eFiling Service account and upload the form through the My Cases tab.