How Service of Legal Records Works Under BC’s Residential Tenancy Act
When disputes or formal notices arise between tenants and landlords in British Columbia, it is essential to serve legal documents properly. The rules for service ensure that all parties receive important documents, such as applications, decisions, or notices, in a manner that the law recognises. This article explains which records must be served, which methods are allowed, and how service is confirmed.
Address for Service
Each party to a tenancy dispute must provide an address for service. This is a location where legal documents can be delivered, such as a home address, business address, or another place where the person regularly checks for mail. The address for service must be kept up to date.
If a person cannot be served using the usual methods, the Residential Tenancy Branch (RTB) may approve a substituted form of service. This ensures that documents can still be delivered fairly even when the standard methods are not possible.
What Documents Must Be Served and How
Some documents require stricter service than others. For example, an application for dispute resolution or a decision to review one is considered a “special record” and must be served using approved methods.
The following service methods are generally permitted:
Personal delivery, where a copy of the document is handed directly to the person being served
Registered mail, which must include a tracking number or proof of delivery
Email, but only if the receiving party has provided their email address specifically for service
Posting, which is allowed for some landlord-initiated eviction notices and must be done by attaching the document in a visible location at the rental unit
Substituted service, which is only allowed when ordered by the RTB
For email to be valid, the person being served must have agreed in advance to receive documents at that specific email address. Without that agreement, email on its own is not sufficient.
Proof of Service and When Service Is Considered Complete
When a document is delivered in person, the server should hand it directly to the recipient. If the recipient refuses to accept it, the server may leave the document nearby, but must inform the person that the document has been left.
For registered mail, the sender should keep documentation, such as a tracking number or a signature from the recipient. For email, the sender should keep a copy of the email and confirmation that it was sent to the correct service address. A read receipt or other confirmation of delivery is helpful.
If there is a dispute about when the document was received, the RTB applies "deemed receipt" rules unless the parties can provide evidence to the contrary:
Documents sent by mail are considered received five days after mailing
Documents sent by email, fax, or posted at the unit are considered received three days after being sent or delivered
These rules do not extend deadlines for responding. The actual date of receipt still matters for timelines related to dispute resolution.
Special Situations
Certain situations require different service rules:
If the landlord is a corporation or society, documents must be delivered to the address where the landlord operates the rental business, not necessarily the registered corporate office
If the recipient is under 19 or is legally incapable of managing their affairs, service must be made on a legal guardian or representative
If the person is deceased, documents must be served on the executor or personal representative of the estate
If Service Is Challenged
If one party believes the service was not valid or not timely, the matter can be brought before an RTB arbitrator. The arbitrator may review all available evidence and decide whether service was effective. Even if the method used was not technically perfect, the arbitrator can rule that the document was properly served if it meets the standards of fairness and procedural justice.
Serving legal documents in tenancy disputes must follow the methods and rules set out under the Residential Tenancy Act and RTB policy. The goal is to ensure that both landlords and tenants are properly informed and have a fair opportunity to respond to legal issues. Service can be done by personal delivery, registered mail, email (with prior consent), posting at the rental unit, or by substituted service if approved. Following these rules helps protect everyone's rights and ensures the process remains fair and transparent.
This article is for general informational purposes only and does not constitute legal advice. The Residential Tenancy Act, associated regulations, and RTB policy guidelines may change over time. How the law applies to your specific situation may vary. For current legal advice, contact the Residential Tenancy Branch or consult a qualified legal professional.
