Alberta RTDRS Repair Application — Dual-Track Narrative (PHA + RTA s.37)
Stage-2 of the Alberta repair chain. DUAL-TRACK narrative for (a) a Public Health Act s.62 complaint to Alberta Health Services Environmental Public Health (the FAST track for the actual repair order — PHA s.62(1) inspection + order, s.62(4)(b) unfit declaration, s.62.1 + s.63 AHS carry-out and cost recovery, s.5(3) 10-day appeal to Public Health Appeal Board), and (b) a Tenant's Application (Form RTDR0008) at the Residential Tenancy Dispute Resolution Service (rocs.alberta.ca/ols-rtdrs/#!/ols-login) — or alternatively in the Alberta Court of Justice (Civil Division) — for monetary remedies under RTA s.37: (a) damages, (b) rent abatement to extent of deprivation, (c) cost of performing landlord's obligations (Alberta's functional repair-and-deduct equivalent), (d) court termination (court only — RTDRS cannot terminate). Cites RTA s.16(c), s.28 (gated on PHA order), s.37, s.38, ss.54.1-54.8, s.54.3 forum-exclusion; PHA ss.5(3), 62, 62.1, 63; Limitations Act s.3 (2-year); LPA RSA 2000 c.L-8 s.106. RTDRS fees from 1 April 2026: $75 (≤$7,500) / $150 (>$7,500). Alberta has NO statutory repair-and-deduct; RTDRS CANNOT order specific repairs. UPL-safe.
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Case summary for the Tenancy Dispute Officer and AHS
Organise your facts. Most come straight from your stage-1 demand letter. Alberta runs TWO tracks: PHA s.62 for the repair order, RTDRS / Court for monetary remedies. This narrative speaks to both.
This letter will cite
Alberta Residential Tenancies Act SA 2004 c.R-17.1 ss.16(c), 23, 28 (gated on PHA order), 37 (damages, abatement, cost-of-performing), 38 (start-of-tenancy KB), 54.1-54.8 RTDRS, 54.3 forum-exclusion; Public Health Act RSA 2000 c.P-37 ss.5(3), 62, 62.1, 63; Limitations Act s.3; Legal Profession Act s.106
Your narrative documents the tenancy, repair issues, notice history, requested PHA remedies (inspection, s.62 order, AHS carry-out under s.62.1 + cost recovery under s.63), and requested RTA remedies (damages, abatement, cost-of-performing reimbursement under s.37, court termination under s.37(d) if applicable). Forum choice: RTDRS / Alberta Court of Justice / King's Bench. PHA track is parallel.
Forum-exclusion rule (RTA s.54.3): RTDRS and Court are mutually exclusive on the same matter. PHA track runs in parallel.
Estimate the proportionate value loss (e.g., $600/month if half the unit is unusable on a $1,200 unit). The Tenancy Dispute Officer / Court will set the actual figure.
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