RTB-13 – Application for Substituted Service in British Columbia

The RTB-13 form, application for substituted service, is designed for individuals who are unable to serve legal documents through standard methods as required by law. This form allows applicants to request a different method of service, known as substituted service, which can include non-traditional methods like email, text messages, or social media platforms. It requires detailed evidence to support the claim that the proposed method will effectively notify the party in question. The form is divided into three main sections: Dispute Information, Substituted Service Request, and Declaration, with each section requiring specific information from the applicant. The form also contains links to online resources for further guidance and emphasizes the importance of providing accurate and truthful information to the Residential Tenancy Branch.

Filling out the substituted service application requires careful attention to detail and a clear understanding of the situation that necessitates a substituted service. Here is a step-by-step guide to help you complete the form accurately:

Section 1: Dispute Information

1. File Number and Dispute Access Code: Enter the file number and dispute access code associated with your case, if applicable.
2. Requester Information:

1. • Fill in your first and last name.
   • Provide a contact phone number where you can be reached; this is required.
   • Include an email address; though strongly recommended, it’s not mandatory.
   • Enter your full address, including the site/unit number, street address, city, province, and postal code.

Section 2: Substituted Service Request

1. Select the Appropriate Option: Indicate the nature of your application by selecting one of the provided options, such as a notice of dispute resolution proceeding or decision for a review consideration.
2. Name the Party: Clearly name the party (individual or entity) you are seeking to serve through substituted service. Remember, a separate application is needed for each party.
3. Select Failed Service Methods: Check all the methods you have tried and confirmed will not work for serving the party (e.g., Registered Mail, In Person, Posted on Door, etc.).
4. Explain Failed Attempts: Provide a detailed explanation of why you cannot serve the documents using the standard methods listed above.
5. Requested Method of Substituted Service:

1. • Describe the method of service you’d like to use that isn’t typically allowed by law (e.g., email, social media).
   • If you are requesting to serve via email or social media, provide the email address or social media platform and username.

1. Rationale for Effectiveness: Explain why you believe the party will receive the documents through your requested service method. Include any proof of recent activity or communication using this method to strengthen your case.

Section 3: Declaration

1. Certification and Authorization: By signing this section, you are certifying that you have the authority to make the application, that all provided information is true and correct, and that you understand the legal implications of submitting false or misleading information.
2. Contact Information and Signature: Fill in the date, print your full name, and sign the form to complete your application.

Additional Tips:

• Evidence: Make sure to attach any evidence that supports your claim that the requested method of substituted service will reach the party. This can include screenshots of recent interactions or email exchanges.
• Privacy: Be mindful of the personal information you provide and ensure it’s accurate, as it’s collected under specific privacy laws.
• Submission: Once completed, submit the form at the Burnaby Residential Tenancy Branch, any Service BC Centre, or apply online. Note that evidence cannot be submitted by email.

Remember, the success of your application for substituted service greatly depends on the evidence you provide to justify the effectiveness of the proposed method of service.

Order for Substituted Service

An “order for substituted service” is a legal authorization that allows a party in a lawsuit to serve legal documents on another party in an alternative manner when standard methods of service (such as personal delivery) are not possible or practical. This order is granted by a court and specifies the alternative methods by which the documents can be served. These methods may include service by mail, service by posting the documents at the defendant’s residence, publishing the notice in a newspaper, or using electronic means such as email or social media, depending on the jurisdiction and the specific circumstances of the case.

Obtaining an order for alternative services typically involves filing a motion or application with the court, demonstrating that reasonable efforts have been made to serve the party using standard methods without success, and proposing an alternative method of service that is likely to notify the party of the legal action against them. The court will then review the application and, if it agrees that standard service is impracticable and the proposed alternative is reasonable, it will issue the order for substitutional service.