RTB-38 – Request for Clarification in British Columbia

The “RTB-38 Request for Clarification in British Columbia” form is a document designed for tenants or landlords in British Columbia who seek further explanation on RTB decisions or orders issued by the Residential Tenancy Branch (RTB). This form facilitates a clear understanding without altering the original decision. It must be submitted in person at specified locations, without any associated fee, within 15 days of receiving the decision or order, along with a copy of the mentioned documents. The form is divided into two main sections: Section 1 for requester information, and Section 2 for a declaration confirming the requester’s authority and the accuracy of the information provided. This process is governed under the Freedom of Information and Protection of Privacy Act, aimed at the proper administration of the Residential Tenancy Act.

After a decision is made, if any party believes there was an error or requires further explanation, they can request clarification. This must be done within a specified timeframe after the decision. It allows the arbitrator to clarify any part of the decision that may be unclear. If a party believes there has been a significant error in the decision or the process, they may apply for a review consideration. There are strict grounds and timelines for this application. For certain issues, parties can use a Direct Request process, which is faster and does not require an RTB hearing if specific criteria are met. If the RTB dispute resolution decisions result in a monetary order and the losing party does not comply, the winning party can take steps to enforce the order through the court system. Both parties have the right to access information related to their case, subject to privacy laws and regulations.

Filling out this form is a straightforward process designed to help parties (tenants or landlords) seek clarification on a decision or order made by the Residential Tenancy Branch in British Columbia. Follow these steps to complete the form accurately:

Section 1: Requester Information

1. Identify Your Role: Check the appropriate box to indicate whether you are filing the request as a landlord or a tenant (or a representative of one).
2. File Number: Enter the file number associated with your case. This number is provided by the Residential Tenancy Branch and is unique to your dispute.
3. Dispute Access Code: Input the dispute access code, which is also provided by the RTB. This code is necessary for accessing specific details about your case.
4. Personal Details: Fill in your first name, last name, and if available, your email address. If you prefer email communication, tick the corresponding box.
5. Address Information: Provide the site/unit number, street number, and name where applicable. Include your contact phone number, and if you prefer to be contacted by phone, ensure to tick the respective box. Also, fill in your city, province, and postal code.

Section 2: Declaration

1. Document Identification: Specify the document(s) you are seeking clarification for (e.g., Decision, Order of Possession, Monetary Order).
2. Dates: Input the date you received the Decision or Order and the date on the document you are seeking clarification for. It’s crucial these dates are accurate to ensure your request is processed correctly.
3. Clarification Details: Clearly describe the information or parts of the decision/order you need clarification on and explain why this clarification is needed. Be specific to help the RTB understand your request better.
4. Signature: After reviewing the declaration that you have the authority to make this request and that all provided information is accurate, sign the form. Include the date and print your full name or that of the authorized agent.

Additional Tips:

• No Fee Required: Remember, there is no fee for submitting a Request for Clarification.
• Submission: Submit the completed form in person at a Service BC Centre that accepts RTB forms or the Burnaby Residential Tenancy Branch office. Addresses and additional contact information are provided at the bottom of the form.
• Privacy: Your personal information is collected under specific sections of the Freedom of Information and Protection of Privacy Act, strictly for the purpose of administering the Residential Tenancy Act.

For further assistance or if you have questions about the collection of your personal information, contact details are provided on the form, including phone numbers and an email address. Remember, do not submit evidence or detailed case information via email.