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What kinds of claims can the CRT take?

6 min read

The CRT is an administrative tribunal. The Civil Resolution Tribunal Act allows us to take many claims about the non-consensual sharing of intimate images, small claims up to $5,000, and many claims about vehicle accidents, stratas, societies and cooperative associations.

What kinds of claims can’t I make at the CRT?

There are some kinds of claims the CRT doesn’t have “jurisdiction” over. This means the law doesn’t allow us to take them, and we can’t make exceptions.

You may be able to make these claims in another tribunal instead, or in BC Provincial Court or BC Supreme Court. You may want to get legal advice.

Here are some examples of claims you can’t make at the CRT:

Landlord/tenant claims within the exclusive jurisdiction of the Residential Tenancy Branch

Under the BC Residential Tenancy Act, the Residential Tenancy Branch has jurisdiction over most housing-related compensation claims. This includes claims about rent, damage or security deposits, costs for repairing damage due to pets, and other amounts related to a tenancy.

But some types of housing-related compensation claims may be accepted by the CRT or have other resolution options. See the Solution Explorer for small claims about housing and roommates for more information.

If your housing situation involves a strata property, see the Solution Explorer for strata property claims.

Enforcing orders from another tribunal, like the Residential Tenancy Branch

Only the BC Provincial Court and BC Supreme Court can enforce orders.

Slander and defamation

Section 119 of the Civil Resolution Tribunal Act says the CRT doesn’t have jurisdiction to resolve claims about slander or libel, which are types of defamation. If you have one of these types of claims, you’ll need to file it in court.

Employment claims within the exclusive jurisdiction of the Employment Standards Branch

The Employment Standards Branch (ESB) can take claims and award compensation for rights stated in the Employment Standards Act (ESA). This includes:

  • Wages and working conditions in most workplaces
  • Overtime, and statutory holiday and vacation pay
  • Notice and compensation if your employment ends

The CRT can make orders for compensation for things like wrongful dismissal, based on the employment contract between the employee and employer. However, the CRT cannot make orders for rights arising under the ESA. You can only go to the ESB for that.

Certain professions and employees are excluded from the protections of the ESA. Independent contractors also can’t make claims for compensation with the ESB. In these cases, you may be able to make a claim with the CRT instead. See the Solution Explorer for small claims about employment.

Family law claims, like dividing family property or family debt under the Family Law Act

Under the BC Family Law Act, the BC Supreme Court has jurisdiction over family debt and family property disputes. The CRT may not be able to take claims that involve family debt or family property, including pets.

If you need help understanding your options, you may want to get legal advice.

Some claims about land
  • Ordering the sale of property
  • Ending or dissolving an interest in land
  • Builder’s liens
Some claims about stratas
  • Ordering the sale of a strata lot
  • Appointing an administrator to run the strata corporation
  • Orders vesting authority in a liquidator
  • Determining each owner’s percent share in the strata complex
  • Applications to wind up a strata corporation
  • Remedies under section 33 of the Strata Property Act for an alleged conflict of interest by a strata council member
  • Appointing voters when there is no person to vote in respect of a strata lot

See the Solution Explorer for strata property to learn about strata claims.

Claims against a provincial or federal government

Except for certain motor vehicle claims, the CRT doesn’t have jurisdiction to resolve a claim against the BC government, another provincial government, or the federal government. See the Solution Explorer for vehicle accidents to learn more.

The CRT can resolve some claims against a local government such as a municipality.

Claims that were filed or resolved through another legally binding process or other dispute resolution process

The CRT may refuse to resolve a claim within its jurisdiction if the same claim was filed at a court or other tribunal.

A tribunal member may also dismiss a claim that is “res judicata” (already decided). This legal principle helps avoid repeated claims between the same parties about the same issues, and conserve resources in the justice system.

CRT decisions are a useful research tool for understanding the law and how tribunal members have applied it in the past. 

Before I apply, can you tell me if the CRT can take my claim?

As a first step, we encourage you to use our Solution Explorer. It’s free and anonymous. It asks you simple questions and gives you customized legal information and options based on your answers.

If your claim is something that the CRT isn’t allowed to take, the Solution Explorer will give you options for other places you can get information or possibly make a claim.

But for some issues, we can’t tell you before you apply whether we’re able to take your claim. You need to submit a claim application form and pay any required application fee first. CRT staff will review your application. If we tell you we might not have jurisdiction and you decide to withdraw your claim before we issue a Dispute Notice, we will refund your application fee.

In some cases, staff will ask a tribunal member to decide if a claim can proceed at the CRT. If that happens, we’ll ask you to give written reasons why you think the claim is within the CRT’s jurisdiction.

If you haven’t applied yet and aren’t sure if your dispute is within the CRT’s jurisdiction, you may want to get legal advice. The CRT can’t give legal advice, or tell you where to make your claim.