When is RTB-43 required?
The RTB Rules of Procedure, rules 3.10.3–3.10.4, require the prescribed digital-evidence details when submitting evidence to the RTB on a digital device or serving digital evidence on another party. If you submit accepted electronic files directly through the RTB's online application or Dispute Access site, follow that portal's format and upload instructions; do not assume that uploading alone satisfies the separate obligation to give evidence to each respondent. For paper evidence delivered to other parties, documents must still match and be identified consistently.
Page 1: Dispute and delivery details
- Enter the RTB file number and Dispute Access Code, identify whether you are the applicant or respondent and landlord/agent or tenant/agent, and give the dispute property address.
- Identify the actual device or delivery method: USB memory stick, CD, DVD, email attachment, file-hosting service or other as appropriate.
- Complete the access confirmation: state that you have confirmed the other party can view or hear the evidence, or that you will confirm access before the hearing. The form provides an exception for qualifying additional rent-increase applications in which the same material is served to multiple tenants.
Page 2: Inventory every file
For each file, give its exact file name, a useful description of what it shows, and the timecode or key point for an audio or video file. For example, an inspection video might describe a leaking tap and identify the minute where the problem appears. Add pages if there are more items than fit in the table. Print the submitting person's name, then sign and date the form. Keep the filenames consistent with the actual files, their copies and any evidence list.
Confirm that everyone can open the evidence
The party receiving the files must have a reasonable way to view or play them. For a USB stick or disc, verify it works and is free of malware. If serving by email, confirm that the other party has provided that address for service under the applicable rules. When using a cloud file-hosting link to provide evidence to another party, configure the link so they can view and download the files without gaining editing access. A link to cloud-hosted evidence is not necessarily an accepted way to submit evidence directly to the RTB; follow the RTB's own upload or physical-device instructions.
Deadlines and record retention
File and serve evidence within the deadline for your type of hearing, and confirm playback access before the hearing. Under the Rules of Procedure, keep an exact copy of digital evidence for at least two years after the dispute proceeding, including any review, concludes. An arbitrator may decline inaccessible or improperly served evidence.
Common mistakes
Leaving the access-confirmation section blank, describing a video without a timecode, serving files without the RTB-43 inventory, uploading evidence only to the RTB, or sending a file-hosting link that requires the recipient to request permission. An email to the RTB's general inbox is not an authorized evidence-filing channel.