You’ve Got E-Mail: The Long-awaited Arrival of E-mail Service under the Residential Tenancy Act

Summary:

When it comes to serving documents under the Residential Tenancy Act, the legislation has deployed the same standard service methods for years:

• in-person delivery;
• leaving the document with an adult who ordinarily resides in the rental unit;
• sending the document via regular or registered mail;
• posting the document on or near the rental unit door;
• leaving the document in the mailbox;
• sending the document via facsimile; and
• carrier pigeon (*kidding).

Although it was open to a landlord or tenant to apply to the Residential Tenancy Branch for permission to serve a document in a different way, the law did not afford landlords or tenant with the flexibility of any other delivery method…. Until now.

On February 17, 2021, Order in Council 89/2021 paved the way for e-mail service under the Residential Tenancy Act and the Manufactured Home Park Tenancy Act.

Effective March 1, 2021, new regulations will take effect under the Residential Tenancy Act which will enable landlords and tenants to serve each other documents via e-mail. The new Residential Tenancy Regulation will allow the following:

• Unless otherwise provided under section 89 of the Residential Tenancy Act, all documents are permitted to be served on a person by e-mailing a copy to an e-mail address specifically provided as an address for service by that person;
• An Application for Dispute Resolution may be given to a person by e-mailing a copy to an e-mail address specifically provided as an address for service by that person;
• A Residential Tenancy Branch Internal Review Decision may be given by e-mailing a copy to an e-mail address specifically provided as an address for service by that person;
• A Landlord’s Application for an Order of Possession by e-mailing a copy to an e-mail address specifically provided as an address for service by their tenant(s);
• A Landlord’s Application for an Early Order of Possession by e-mailing a copy to an e-mail address specifically provided as an address for service by their tenant(s);
• A Landlord’s Application for an Order of Possession arising from frustration by e-mailing a copy to an e-mail address specifically provided as an address for service by their tenant(s).

Documents delivered via e-mail will be “deemed” received on the third day after the e-mail is sent. However, as with any service method, care should be taken to confirm whether or not the document was actually received earlier or later than the deemed delivery date as it may impact other prescribed timelines under the legislation (e.g. the date upon which a landlord can access a rental unit; the date by which a tenant must dispute an eviction notice).

In addition, a landlord or tenant wishing to use an e-mail address for service should be able to produce written proof that this method of service was indeed agreed upon if later questioned by the Residential Tenancy Branch. The best method of verifying an agreement for e-mail service is to include a term in a tenancy agreement which identifies the specific “e-mail address for service” approved for each party. Alternatively, absent a tenancy agreement amendment to account for e-mail service, landlords and tenants can make their own form of agreement or written record clearly documenting which e-mail address to use for the purpose of delivering and serving documents under the Residential Tenancy Act. When it comes to using an e-mail address for service, it is important for landlords and tenants to be on the same page.

Contact Information
Lisa N. Mackie, Partner
Direct Line: 604 484 1759
Email: lmackie@www.ahbl.ca