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This Act is current to March 8, 2023
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Family Law Act

[SBC 2011] CHAPTER 25

Part 13 — Transitional Provisions


250   In this Part, "former Act" means the Family Relations Act, R.S.B.C. 1996, c. 128, as it read immediately before its repeal by this Act.

Transition — care of and time with children

251   (1) If an agreement or order, made before the coming into force of this section, provides a party with

(a) custody or guardianship of a child, the party is a guardian of the child under this Act and has parental responsibilities and parenting time with respect to the child under this Act, or

(b) access to, but not custody or guardianship of, a child, the party has contact with the child under this Act.

(2) For the purposes of subsection (1), a party's parental responsibilities, parenting time or contact with a child under this Act are as described in the agreement or order respecting custody, guardianship and access.

Transition — proceeding respecting property division

252   (1) This section applies despite the repeal of the former Act and the enactment of Part 5 [Property Division] of this Act.

(2) Unless the spouses agree otherwise,

(a) a proceeding to enforce, set aside or replace an agreement respecting property division made before the coming into force of this section, or

(b) a proceeding respecting property division started under the former Act

must be started or continued, as applicable, under the former Act as if the former Act had not been repealed.

Transition — pension benefits

253   (1) Subject to subsections (2) and (3), if forms prescribed under the former Act were delivered to the administrator before Part 6 [Pension Division] of this Act comes into force, the former Act continues to apply to the division of benefits between a member and spouse.

(2) If a spouse became a limited member under the former Act but benefits have not been divided as of the date Part 6 of this Act comes into force, Part 6 of this Act applies to the division of benefits.

(3) If, after an application was made under the former Act for the spouse to become a limited member, the administrator consulted with the member and spouse respecting how the former Act would apply to an agreement or order dividing benefits between the member and spouse, the former Act continues to apply to the extent of, and in accordance with, that consultation.

(4) If forms prescribed under the former Act are delivered to an administrator after Part 6 of this Act comes into force, the administrator may

(a) accept the forms as compliance with the requirements of Part 6 of this Act, or

(b) require the parties to give notice in accordance with section 136 [notice or waiver] of this Act.

Transition — changing, suspending or terminating orders

254   For greater certainty, the coming into force of this Act is not in itself a change in circumstances for the purposes of any section of this Act in relation to the changing, suspending or terminating of orders.

Transition — restraining orders

255   An order made under section 37, 38, 124 or 126 of the former Act continues in force in accordance with the terms of the order.

Transition — regulations

256   (1) The Lieutenant Governor in Council may make regulations the Lieutenant Governor in Council considers necessary or advisable for the orderly transition from the former Act to this Act.

(2) The authority to make or amend a regulation made under subsection (1), but not the authority to repeal a regulation made under subsection (1), ends 3 years after the date on which subsection (1) comes into force.

Contents | Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14