Where to file and what counts
Discrimination related to tenancy—such as being denied a rental, refused a service, or treated unfairly during a tenancy because of a protected ground—is often handled by the BC Human Rights Tribunal[1]. Some related tenancy disputes (for example, issues about repairs, deposits, or eviction notices) are resolved through the Residential Tenancy Branch[2]. For a concise overview of renter and landlord rights in this province see Tenant Rights and Landlord Rights in British Columbia. If you need tips on communicating with your landlord before filing, see How to Handle Complaints in Your Rental: A Tenant's Guide.
Timelines for filing
- Human rights complaints: you generally must start the process promptly; many claims are expected to be filed within one year of the last discriminatory act, but exceptions can apply.
- Residential tenancy disputes: time limits vary by claim type (for example, deposits, damage claims or eviction responses) and you should check the RTB guidance promptly to avoid missing a deadline.
- If you discover continuing discrimination or repeated incidents, note each date and act quickly — timelines usually run from the most recent event.
Official forms and when to use them
Below are the common official routes and forms tenants use in British Columbia when discrimination intersects with housing.
- Human Rights Tribunal application (no numbered form): used to make a complaint about discrimination under the Human Rights Code. Example: if a landlord refuses to rent because of disability, you might submit an application asking the Tribunal to find discrimination and order remedies. See the Tribunal site for filing steps and required documents.[1]
- RTB Application for Dispute Resolution (no unique public form number): used when your issue is a tenancy dispute such as security deposit returns, repairs, or wrongful eviction. Example: if a landlord’s discriminatory action leads to eviction-related problems, you may file with the RTB to address tenancy-specific outcomes as well as seek guidance on overlapping human-rights concerns.[2]
When preparing any application, gather dated evidence (emails, texts, photos, witness names), describe incidents clearly, and attach copies of key documents rather than originals. If a claim is urgent (for example, you face immediate eviction), consider seeking advice quickly and note any accelerated deadlines.
What to expect after you file
Procedures differ by forum. The Human Rights Tribunal will review your application and may schedule mediation, a preliminary panel, or a hearing. The RTB uses dispute resolution and hearings for tenancy-specific claims. Both processes can include requests for evidence, witness statements, and timelines for responses. Attend all scheduled conferences and hearings and follow any directions given by the tribunal or branch administrators.
FAQ
- How long do I have to file a human rights complaint in BC?
- Time limits vary but many human rights complaints should be filed promptly and commonly within one year of the last incident; check the BC Human Rights Tribunal for precise deadlines and exceptions.
- Can I file both a human rights complaint and an RTB dispute?
- Yes. You can use the Human Rights Tribunal for discrimination claims and the Residential Tenancy Branch for tenancy-specific issues; filing one does not always prevent filing the other, though timelines and remedies differ.
- What evidence helps a discrimination complaint?
- Clear, dated records such as emails, texts, photos, witness names, and copies of lease or notices are helpful. Keep originals safe and submit copies with your application.
How-To
- Document the incident with dates, times, messages, photos, and names of witnesses so you have clear evidence to attach to any application.
- Contact your landlord or property manager in writing to try to resolve the issue and keep copies of your communication for your file.
- Decide where to file: if it is discrimination under a protected ground, prepare a Human Rights Tribunal application; for tenancy-specific remedies, prepare an RTB dispute application.
- Submit the application to the correct body, respond to any requests for more information, and attend mediation or hearings as scheduled.
- Keep copies of all decisions, orders, and correspondence; follow any remedies ordered and seek legal advice if enforcement is needed.
Key Takeaways
- Deadlines differ by forum, so act quickly once an incident occurs.
- Use the Human Rights Tribunal for discrimination claims and the RTB for tenancy-specific disputes.
Help and Support / Resources
- Residential Tenancy Branch — Resolve a tenancy dispute
- BC Human Rights Tribunal — How to file a complaint
- Residential Tenancy Act (legislation)
