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Our Residential Premises Law ("RPL") governs landlord-tenant matters. The RPL is distinct from the BC Residential Tenancy Act, which is not applicable on WFN Lands. Although similar, both laws differ in many. It is important that landlords and tenants understand their rights and responsibilities under the RPL.
Click on the links below to download PDF copies of forms.
Tenancy disputes may be resolved through arbitration, a process facilitated by WFN Legal Services. The purpose of an arbitration hearing is to enable the arbitrator to hear the tenant and the landlord explain their versions of a dispute, receive the evidence presented by each party and make an impartial and binding decision to resolve the dispute.
The Rules of Procedure ensures a consistent, efficient and just process for resolving disputes.
Rules of Procedure
Step 1: Arbitration application received with filing fee.
Step 2: Date of hearing provided by Administrator to the Applicant through a Notice of Hearing.
3 business days (on average).
Dependent on Arbitrator availability.
Step 3: Applicant serves Respondent with Notice of Hearing and Evidence. Respondent provides their evidence to the WFN Residential Premises Administrator and Applicant.
Step 4: Arbitration Hearing takes place with independent Arbitrator at the WFN Government Office.
Step 5: WFN Residential Premises Administrator provides decision/order to the Parties.
Step 6: Applicant and Respondent may apply, if applicable, for a review of the Arbitrator's decision/order.
Allowable rent increase rates are established by the Residential Premises Law ("RPL") (see Regulation D of the RPL). Regulation D establishes a formula which is tied to the All-Item Consumer Price Index provided annually by the Province. These rates are applicable until the next annual release of this publication and may take effect over a mixed year period (e.g. 2017/2018).
The Westbank First Nation Residential Premises Law governs landlord-tenant matters on WFN Lands. The RPL is distinct from the Provincial Residential Tenancy Act, which has no application on WFN Lands.
Residential Premises Law, Regulations, Procedures, Policy
The RPL is administered by the Residential Premises Administrator. A primary role of the Administrator is to educate and advise landlords and tenants regarding the RPL and is available to do so either by phone, email or in person.
The Administrator also manages the dispute resolution system established by the RPL. If a landlord and tenant cannot settle a matter between them, the RPL provides that either party may initiate an arbitration process. Arbitration is conducted by trained and experienced third-party arbitrators, and their decisions are binding upon the parties.
Read on to find answers to some frequently asked questions regarding residential premises on Westbank First Nation lands.
What can I do if I can’t resolve a dispute with my landlord?
If you have attempted to resolve a dispute with your landlord/tenant and have not been able to reach a mutually agreeable settlement, you should contact the Residential Premises Administrator. An application for mediation/arbitration may be necessary.
Does the Residential Premises Administrator/Westbank First Nation have authority in the resolution of tenancy disputes?
No, the Administrator and Westbank First Nation are a neutral party in all tenancy matters. The Administrator’s duty is to facilitate the process of arbitration/mediation so disputes may be hearing in a formal hearing.
Who are the Arbitrators and do they work for Westbank First Nation?
Arbitrators are third party, independent contractors hired by WFN to administer the WFN Residential Premises Law. Generally the Arbitrator is a practicing lawyer within the Kelowna/West Kelowna/Westbank area who has knowledge of WFN Law. The Arbitrator shares no affiliation with, nor acts for, Westbank First Nation.
Can a landlord seize the personal property of the tenant when they do not pay rent or if they abandon the residence?
No, a landlord cannot seize a tenant’s personal property when the tenant owes rent. If a residence is deemed abandoned by a landlord, as is indicated under the Residential Premises Law, Regulation E, the landlord must maintain/store the belongings in accordance with the Law.
How often can a landlord increase a tenant’s rent?
A Landlord must provide a Notice of a Rent Increase in a form approved by the Residential Premises Administrator. The Notice must be provided at least three months prior to the increase taking effect for residential tenants and six months for manufactured/mobile home park residents. A rental increase may be administered by a landlord annually (once every twelve (12) months) in an amount that is in accordance with the allowable rental rate increase provided by the Residential Premises Administrator. If a tenant wishes to dispute a rental increase they believe exceeds this amount they may apply for an Arbitrator’s Order.
What are the available options for tenants when they receive a Notice to End Tenancy from their landlord?
Depending on the reasoning provided for a Notice provided to the tenant and the circumstances under which the Notice is provided, a tenant may wish to dispute a Notice through the mediation/arbitration process. If a tenant chooses to dispute a Notice they must do so within the time identified in the WFN Residential Premises Law. By not disputing a Notice a tenant is understood to have accepted the Notice.
How does a tenant provide their landlord with notice that they would like to end tenancy?
A tenant may end their tenancy with a landlord through a Notice to End Tenancy provided with at least one month’s notice. This notice must be provided in a manner found to be in accordance with Section 84 of the Residential Premises Law 2008-03.
When does a landlord have to return a tenant’s security deposit after the tenancy has ended?
A landlord has fifteen (15) days to return the security deposit to the tenant (or part thereof if there is a mutual agreement otherwise). If the landlord does not return the tenant’s security deposit after fifteen (15) days, the tenant may apply for an Arbitrator’s Order to have the security deposit returned.
Does the BC Tenancy Act apply to landlords or tenants on Westbank Lands?
No. The WFN Residential Premises Law oversees all tenancy related matters on Westbank Lands. The Residential Premises Law does maintain a similar framework as the BC Tenancy Act, though it does vary in some sections of Law. BC Tenancy Branch documentation is generally determined to be void and of no affect unless otherwise determined by an Arbitrator.