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B.C. Reg. 261/93
O.C. 1030/93
Deposited July 30, 1993
effective October 1, 1993
This consolidation is current to January 24, 2023.
Link to consolidated regulation (PDF)
Link to Point in Time

Court Rules Act and Small Claims Act

Small Claims Rules

[Last amended October 3, 2022 by B.C. Reg. 161/2022]

Rule 16 — Applications to the Court

Consent orders

(1) Subject to subrule (1.1), a registrar may make an order that all parties to a claim consent to if one of them

(a) files an application that contains the particulars of the order requested, and

(b) satisfies the registrar that their consent was given.

[am. B.C. Reg. 161/2022, s. 51.]

No consent orders to change method of attendance for a trial, payment hearing or default hearing

(1.1) An order to change a person's method of attendance for a trial, payment hearing or default hearing cannot be made under subrule (1).

[en. B.C. Reg. 161/2022, s. 52.]

Some applications may be granted without a hearing

(2) A registrar may make any of the following orders without a hearing:

(a) an order renewing a claim or a third party notice (see Rules 2 (7) and 5 (5.1));

(a.1) an order renewing a notice of civil resolution tribunal claim (see Rule 1.1 (17));

(b) an order changing the date of the settlement conference (see Rule 7 (7));

(b.1) an order changing the date of a mediation session (see Rule 7.3 (30));

(b.2) an order changing the date of a trial conference (see Rule 7.5 (5) or (6));

(c) an order extending the time for filing a certificate of readiness (see Rule 1.1 (49) or 7 (10));

(c.01) an order extending the time for filing a certificate of compliance (see Rule 1.1 (45);

(c.1) an order changing the applicant's method of attendance at a conference or hearing, other than a trial, payment hearing or default hearing (see Rule 17 (16.1) (a));

(c.2) Repealed. [B.C. Reg. 244/2015, Sch. 3, s. 7 (c).]

(c.3) an order authorizing a person to attend a mediation session by telephone, video conference or other means of electronic communication (see Rule 7.3 (25));

(c.4) an order changing the date of a trial (see Rule 9.1 (14) or 9.2 (4));

(d) an order permitting service of a notice of claim outside British Columbia (see Rule 18 (6));

(e) an order permitting a claimant to serve a notice of claim or a notice of civil resolution tribunal claim by another method of service (see Rule 18 (8) (a) or (8.1) (a));

(f) an order exempting someone from paying fees (see Rule 20 (1));

(g) any other order that the registrar is authorized to make without notice to another party.

[am. B.C. Regs. 148/97, s. 14; 172/2003, s. 5; 286/2005, s. 4 (a) and (b); 360/2007, s. 13; 135/2015, Sch. 2, s. 3; 244/2015, Sch. 3, s. 7; 120/2017, Sch. 2, s. 41; 191/2021, s. 30; 161/2022, ss. 53 to 55.]

If a registrar orders a different method of attendance

(2.1) If a registrar makes an order under subrule (2) (c.1), the registrar must direct the applicant where or how to attend, including by providing a telephone number or video conference information, if applicable.

[en. B.C. Reg. 161/2022, s. 56.]

How to apply to a registrar

(3) To apply for an order listed in subrule (2), a person must complete an application (Form 16), following the instructions on the form, and file it at the registry.

[am. B.C. Reg. 161/2022, s. 57.]

Applicant must file and serve address for service

(3.1) If an applicant has not yet filed an address for service (Form 38), the applicant must also file an address for service and serve a copy on each of the other parties.

[en. B.C. Reg. 191/2021, s. 31.]

Registrar may prepare the order or refer it to a judge

(4) The registrar may prepare, sign and record an order under subrule (1) or (2) or Rule 11 (10) or may refer the application to a judge.

[am. B.C. Reg. 148/97, s. 14.]

What the judge may do

(5) If the application is referred to a judge, the judge may make the order or direct the applicant to appear before a judge to explain why the order should be made.

Some applications require a hearing

(6) A judge may make any of the following orders after a hearing:

(a) an order changing the date of a trial (see Rule 4 (7) or 9 (6));

(b) an order permitting a third party claim to be made (see Rule 5 (1));

(c) a default order if no reply to a counterclaim or third party notice is filed (see Rule 6 (2)) or if an application is made under Rule 7.3 (40);

(c.1) an order transferring a claim to the Supreme Court (see Rule 7.1 (1) (a) and (2));

(c.2) an order extending the time for serving an offer to settle (see Rule 10.1 (1) (b));

(d) an order permitting a late reply to be filed (see Rule 6 (8));

(e) an order for a medical examination (see Rule 7 (12) or 7.5 (13.1));

(f) an order setting a place for a trial (see Rule 7 (19));

(f.1) an order exempting a disputed claim from the application of Rule 7.3 (see Rule 7.3 (29));

(f.2) a mediation compensation order (see Rule 7.3 (50) (b));

(f.3) Repealed. [B.C. Reg. 244/2015, Sch. 3, s. 8 (b).]

(g) an order cancelling or varying a summons to witness (see Rule 9 (5));

(h) an order permitting a creditor to ask for a payment hearing (see Rule 12 (4));

(i) an order changing or cancelling an order made in the absence of a party (see Rule 17 (1));

(j) an order cancelling a default order or dismissal order (see Rule 17 (2)), and if the application is granted the judge may order payment of any reasonable expenses of the other party related to the cancellation;

(k) an order changing or cancelling the terms of a payment schedule (see Rule 17 (3));

(k.1) an order postponing or adjourning a trial (see Rule 17 (5.1);

(l) Repealed. [B.C. Reg. 161/2022, s. 58 (b).]

(m) an order for failing to obey a rule (see Rule 17 (13));

(n) a review of a decision of a registrar (see Rule 17 (22));

(n.1) an order that a person make a deposit under section 56.3 of the Civil Resolution Tribunal Act (see Rule 1.1 (40) or (41));

(n.2) an order dismissing a claim if no deposit under section 56.3 of the Civil Resolution Tribunal Act is made by a claimant (see Rule 1.1 (41.10));

(n.3) a default order if no deposit under section 56.3 of the Civil Resolution Tribunal Act is made by a defendant under a counterclaim or under a third party notice or by a third party (see Rule 1.1 (41.12));

(o) any other order that a judge has the power to make and notice of which is served on another party.

[am. B.C. Regs. 148/97, s. 14; 172/2003, s. 6; 286/2005, s. 4 (c) to (e); 360/2007, s. 14; 135/2015, Sch. 2, s. 4; 244/2015, Sch. 3, s. 8; 120/2017, Sch. 2, s. 42; 267/2018, s. 11; 161/2022, s. 58.]

Orders that do not require a hearing

(6.1) The following orders may be made without a hearing:

(a) an order changing a person's method of attendance at any of the following hearings (see Rule 17 (16.1) (b) and (c)):

(i) trial;

(ii) payment hearing;

(iii) default hearing;

(b) an order changing the method of attendance at a conference or hearing, other than a trial, payment hearing or default hearing, (see Rule 17 (16.1) (c)) for

(i) a person other than the applicant, or

(ii) the applicant and a person other than the applicant;

(c) an order extending or shortening a time limit (see Rule 17 (12));

(d) an order correcting an accidental slip or omission in an order (see Rule 17 (14));

(e) any other order that a judge has the power to make and for which notice to another party is not required.

[en. B.C. Reg. 161/2022, s. 59.]

Judge or justice may require a hearing

(6.2) Despite subrule (6.1), a judge or justice may direct an applicant to appear before a judge or justice to explain why the order should be made.

[en. B.C. Reg. 161/2022, s. 59.]

Service of application and method of attendance if hearing is required

(6.3) If a judge or justice directs an applicant to appear at a hearing under subrule (6.2), the judge or justice

(a) may direct the applicant to serve the application under subrule (7.2) on a party or an affected person, and

(b) may, without a hearing, make an order respecting a person's method of attendance at the hearing.

[en. B.C. Reg. 161/2022, s. 59.]

How to apply to a judge

(7) To apply for an order listed in subrule (6), other than subrule (6) (n.1), a person must complete an application (Form 17), following the instructions on the form, and file it at the registry.

[en. B.C. Reg. 161/2022, s. 60.]

How to apply to a judge — subrule (6) (n.1)

(7.1) To apply for an order under subrule (6) (n.1), a party must complete an application for deposit (Form 35), following the instructions on the form, and file it at the registry.

[en. B.C. Reg. 120/2017, Sch. 2, s. 44; am. B.C. Reg. 161/2022, s. 61.]

How to apply to a judge or justice for an order without a hearing

(7.2) To apply for an order under subrule (6.1), a person must complete an application (Form 17), following the instructions on the form, and file it at the registry.

[en. B.C. Reg. 161/2022, s. 62.]

Cost of method of attendance

(7.3) If a judge or justice makes an order under subrule (6.1) (a) or (b), the judge or justice may order that the party requesting to change the person's method of attendance must pay for the telephone call, video conference or other reasonable cost of that person's method of attendance.

[en. B.C. Reg. 161/2022, s. 62.]

Judge or justice must direct where or how to attend

(7.4) If a judge or justice makes an order under subrule (6.1) (a) or (b) or (6.3) (b), the judge or justice must direct the person

(a) how, and by what date, to submit and serve any records and other things, if the party or witness will not be attending in person, and

(b) where or how to attend, including by providing a telephone number or video conferencing information, if applicable.

[en. B.C. Reg. 161/2022, s. 62.]

When registrar must send amended notice

(7.5) If a judge or justice changes the method of attendance for a hearing or conference for all parties, the registrar must notify the parties of the new method of attendance.

[en. B.C. Reg. 161/2022, s. 62.]

Application may be filed at another registry

(8) A registrar may allow an application under subrule (7), (7.1) or (7.2) to be filed at a registry other than the registry where the court file is if

(a) all the parties agree, or

(b) the registrar is satisfied that the application is urgent.

[am. B.C. Regs. 120/2017, Sch. 2, s. 45; 161/2022, s. 63.]

Applicant must serve notice

(9) At least 7 days before the date set for hearing an application under subrule (7) or (7.1), the applicant must serve a copy of the application, and the affidavit if required (see Rule 17 (2)), on each party that would be affected by the order requested unless the application is for a default order because no reply to a third party notice has been filed.

[am. B.C. Reg. 120/2017, Sch. 2, s. 45.]

Documents to support an application

(9.1) A person who applies for an order that requires a hearing must file all documents on which the person intends to rely at the hearing, with a supporting materials cover sheet (Form 39), at the registry at least 7 days before the date set for the hearing unless the registrar allows the application to be made as an urgent application under subrule (10).

[en. B.C. Reg. 161/2022, s. 64.]

Final decision of the civil resolution tribunal must not be filed

(9.2) Despite subrule (9.1), a person must not file at the registry a final decision of the civil resolution tribunal in relation to the claim.

[en. B.C. Reg. 161/2022, s. 64.]

Service of documents to support an application

(9.3) A person must serve all documents filed under subrule (9.1) on each party that would be affected by the order requested, and on each affected person who must be served under subrule (6.3) (a), at least 7 days before the date set for the hearing, unless the registrar allows the application to be made as an urgent application under subrule (10).

[en. B.C. Reg. 161/2022, s. 64.]

How to respond to an application

(9.4) If a party or affected person is served with a notice of application and wishes to respond, the party or affected person must attend the hearing of the application.

[en. B.C. Reg. 161/2022, s. 64.]

Documents to support a response

(9.5) If a party or affected person responding to an application intends to rely on documents at the hearing, at least two business days before the date set for the hearing, the party or affected person must

(a) file at the registry any documents on which the person intends to rely at the hearing, with a supporting materials cover sheet (Form 39), and

(b) serve the documents on each party that would be affected by the order requested and on each affected person.

[en. B.C. Reg. 161/2022, s. 64.]

Service not required in urgent cases

(10) If satisfied that an application is urgent, a registrar may allow an application to be made under subrule (6) even though the other parties have not been served.

Where the application will be heard

(11) An application under subrule (7) or (7.1) will be heard at the court served by the registry where the court file is, except that the registrar may allow it to be heard at another location of the court if

(a) all the parties agree, or

(b) the registrar is satisfied that the application is urgent.

[am. B.C. Reg. 120/2017, Sch. 2, s. 45.]

Applicant must serve order on other parties

(12) As soon as practicable after an order is made under this Rule and unless a judge, justice or registrar otherwise orders, the person who applied for the order must serve a copy of the order on

(a) all parties who did not attend the hearing of the application or did not receive notice of the application, and

(b) if the application was about a witness and if the witness did not receive notice of the application, the witness.

[en. B.C. Reg. 161/2022, s. 64.]

Rule 16.1 — Application for Exemption from Adjudication of Claim by Civil Resolution Tribunal

How to apply for an order that civil resolution tribunal not adjudicate claim

(1) To apply for an order, under section 16.2 of the Civil Resolution Tribunal Act, that the civil resolution tribunal not adjudicate a tribunal small claim or a tribunal accident claim, a party must complete an application for exemption (Form 36) following the instructions on the form.

[en. B.C. Reg. 120/2017, Sch. 2, s. 46; am. B.C. Regs. 267/2018, s. 12; 191/2021, s. 32.]

Filing an application

(2) The applicant must file the application for exemption and pay the required fee at the Small Claims Registry nearest to where

(a) the person against whom the tribunal small claim or the tribunal accident claim is made lives or carries on business, or

(b) the transaction or event that resulted in the matter brought before the civil resolution tribunal took place.

[en. B.C. Reg. 120/2017, Sch. 2, s. 46; am. B.C. Reg. 191/2021, s. 33.]

Time limit for filing application

(3) The application for exemption must be filed within 14 days after the date that a response under section 7 of the Civil Resolution Tribunal Act in respect of the tribunal small claim or the tribunal accident claim was received or made by the applicant.

[en. B.C. Reg. 120/2017, Sch. 2, s. 46; am. B.C. Reg. 191/2021, s. 33.]

Documents to be filed with the application

(4) The applicant must file with the application for exemption the following documents in respect of all tribunal small claims or tribunal accident claims that were to be resolved in a single proceeding before the civil resolution tribunal:

(a) all initiating notices received by the applicant;

(b) all responses under section 7 of the Civil Resolution Tribunal Act received or made by the applicant.

[en. B.C. Reg. 120/2017, Sch. 2, s. 46; am. B.C. Reg. 191/2021, s. 34.]

Applicant must serve notice

(5) At least 7 days before the date set for hearing an application under subrule (1), the applicant must serve a copy of the application on each party that would be affected by the order requested.

[en. B.C. Reg. 120/2017, Sch. 2, s. 46.]

Service not required in urgent cases

(6) If satisfied that an application is urgent, a registrar may allow an application to be made under subrule (5) even though the other parties have not been served.

[en. B.C. Reg. 120/2017, Sch. 2, s. 46.]

Repealed

(7) Repealed. [B.C. Reg. 191/2021, s. 35.]

Rule 17 — General

Changing or cancelling orders made in the absence of a party
other than dismissal orders or default orders

(1) A judge may change or cancel an order made in the absence of a party other than dismissal orders or default orders if

(a) that party applies (see Rule 16 (7)) within a reasonable time, and

(b) there is a good reason for changing or cancelling the order.

Cancelling dismissal order or default order

(2) A judge may cancel a dismissal order or default order if

(a) the order was made

(i) in the absence of a party,

(ii) for failing to file a reply, or

(iii) for failing to make a deposit under section 56.3 of the Civil Resolution Tribunal Act, and

(b) the party applies (see Rule 16 (7)) and attaches to the application an affidavit containing

(i) the reason the party did not file a reply, attend the settlement conference, trial conference or trial or make a deposit under section 56.3 of the Civil Resolution Tribunal Act,

(ii) the reason for any delay if there has been delay in filing the application, and

(iii) the facts that support the claim or the defence.

[am. B.C. Regs. 360/2007, s. 15 (a); 267/2018, s. 13.]

Terms of payment schedule may be changed or cancelled

(3) The creditor or the debtor may apply to a judge (see Rule 16 (7)) to change or cancel the terms of payment in a payment schedule and the judge may make any order that the judge thinks is fair.

Judge may make orders subject to conditions

(4) In making an order under these rules, a judge may impose any condition or give any direction that the judge thinks is fair.

Judge may cancel, postpone or adjourn conferences or hearings

(5) A judge may cancel, postpone or adjourn a conference or hearing

(a) to a specified date,

(b) to a date to be set by the registrar, or

(c) without setting a date.

[am. B.C. Reg. 161/2022, s. 65.]

Postponement or adjournment of a trial

(5.1) A trial may only be postponed or adjourned

(a) under subrule (5), Rule 4 (7), Rule 7.5 (15), Rule 9 (6), Rule 9.1 (19), (22) (l) (i) or (24) or Rule 17 (16.3), or

(b) if a party applies to a judge under Rule 16 (7) and the judge is satisfied that

(i) the postponement or adjournment is unavoidable, and

(ii) an injustice will result to one of the parties if the trial proceeds.

[en. B.C. Reg. 146/98, s. 3; am. B.C. Regs. 360/2007, s. 15 (b); 161/2022, s. 66.]

Fee to postpone or adjourn a trial

(5.2) A party who is notified of a trial date 45 or more days before the trial date and who applies under subrule (5.1) (b) or Rule 4 (7) to postpone or adjourn the trial must, if the postponement or adjournment is granted, pay the fee for resetting a trial unless

(a) the application is made 30 or more days before the trial date, or

(b) the claim is settled within the applicable period as described in subrule (5.3).

[en. B.C. Reg. 146/98, s. 3.]

Time to pay fee to postpone or adjourn a trial

(5.3) The fee required by subrule (5.2) must be paid within

(a) the period of 14 days after the granting of the postponement or adjournment, or

(b) a longer period set by the registrar (see Rule 16 (3)).

[en. B.C. Reg. 146/98, s. 3.]

Failure to pay fee to postpone or adjourn a trial

(5.4) If a party fails to pay the fee required by subrule (5.2), a judge may

(a) dismiss the claim if that party is the claimant,

(b) strike out the reply, counterclaim or third party notice and make a payment order if that party is a defendant, or

(c) make any other order the judge thinks is fair.

[en. B.C. Reg. 146/98, s. 3.]

Where in-person appearances take place

(5.5) All steps in a proceeding that are to be attended in person will take place at the court location where the proceeding was started, except

(a) if a judge orders otherwise, or

(b) as provided in Rule 16 (11) and Rule 17 (8).

[en. B.C. Reg. 161/2022, s. 67.]

Judge may change place of a hearing

(6) A judge may direct that a hearing that is set for one place be held at another place.

[am. B.C. Reg. 161/2022, s. 68.]

Chief judge may change place of conferences and hearings

(7) The chief judge may order that any and all conferences and hearings set at one place be heard at another place.

[am. B.C. Regs. 360/2007, s. 15 (c); 161/2022, s. 69.]

Creditor may enforce order at another place

(8) The creditor may take steps to enforce a default order or a payment order at a registry other than where the court file is if

(a) that registry is nearest to where the debtor lives or carries on business, and

(b) the creditor files at that registry a certified true copy of the order and an affidavit stating the amount still owing.

When orders take effect

(9) An order takes effect on the day it was made unless otherwise ordered by the judge or registrar who made the order.

First and last days are not counted

(10) In calculating time under these rules or an order, the number of days between 2 events is counted by excluding the days on which those events happen.

If the last day is a holiday

(11) If the last day of a period of time for filing or serving a document or doing any other thing under these rules or an order falls on a day when the registry is closed, the time ends on the next day that the registry is open.

Judge may extend or shorten times

(12) At any time, including after a time limit has expired, a judge may extend or shorten a time limit set by these rules or by any order of the court, on the terms that the judge thinks are fair.

[am. B.C. Reg. 161/2022, s. 70.]

If a party does not obey the rules

(13) A party who thinks that another party has not obeyed these rules may apply to a judge under Rule 16 (7) or at a hearing, and the judge may make any order or give any direction that the judge thinks is fair.

Correction of orders

(14) A judge may correct an accidental slip or omission in an order and may add provisions on expenses, interest or anything else that was not but should have been adjudicated on.

Judge has registrar's powers

(15) A judge may exercise any power or perform any duty given to a registrar by these rules.

Repealed

(16) Repealed. [B.C. Reg. 161/2022, s. 71.]

Application to change method of attendance

(16.1) Despite subrules (25) and (26), a person may apply to change their own or another person's method of attendance at a conference or hearing as follows:

(a) to a registrar under Rule 16 (1) or (3) to change the applicant's own method of attendance at a conference or hearing, other than a trial, payment hearing or default hearing;

(b) to a judge or justice under Rule 16 (7.2) to change the applicant's own method of attendance at a payment hearing;

(c) to a judge under Rule 16 (7.2)

(i) to change a person's method of attendance at a trial or default hearing, or

(ii) to change the method of attendance at a conference or hearing for

(A) a person other than the applicant, or

(B) the applicant and a person other than the applicant.

[en. B.C. Reg. 161/2022, s. 71.]

Repealed

(16.2) Repealed. [B.C. Reg. 161/2022, s. 71.]

Participants may be required to appear in person

(16.3) A registrar, justice or judge who is conducting a conference or hearing at which participants are appearing by telephone, video conference or other means of electronic communication may adjourn the conference or hearing at any time and require participants to attend in person or in another manner that the registrar, justice or judge considers appropriate in the circumstances.

[en. B.C. Reg. 161/2022, s. 72.]

Faxed documents

(17) A registrar may accept for filing any document, except a notice of claim, notice of civil resolution tribunal claim or a reply, that has been transmitted to the registry by a fax machine.

[am. B.C. Reg. 120/2017, Sch. 2, s. 47.]

Supreme Court Civil Rules

(18) Only the following Supreme Court Civil Rules apply to proceedings under the Small Claims Act:

(a) Rule 10-1 [Detention, Preservation and Recovery of Property];

(b) Rule 10-3 [Interpleader];

(c) Rule 13-2 (4) (only as to writs of delivery) and (7) [Enforcement of Orders];

(d) Rule 20-2 [Persons Under Disability], except Rule 20-2 (4);

(e) Rule 20-2 (4) (only as to personal injury cases).

[en. B.C. Reg. 146/2010, s. 1.]

Settlements involving young persons

(19) A person (litigation guardian) who makes a claim for personal injury on behalf of someone under 19 years of age must act by a solicitor and may not settle the claim without the consent of the Public Guardian and Trustee.

[am. B.C. Reg. 172/2003, s. 7.]

How the parties may be represented

(20) Any party who wishes to be represented in court may be represented by a lawyer or an articled student, or

(a) if the party is a corporation, by a director, officer or authorized employee,

(b) if the party is a partnership, by a partner or an authorized employee, or

(c) if the party is using a business name, by the owner of the business or any authorized employee.

[am. B.C. Reg. 161/2022, s. 73.]

Party may appeal the registrar's decision

(21) If a party is dissatisfied with a decision of a registrar, the party may apply (see Rule 16 (7)) to a judge for a review of the registrar's decision.

What the judge may do

(22) After hearing those parties who attend, the judge may confirm or change the registrar's decision.

Physical presence not required

(23) For the purposes of these Rules, a reference to accompanying, attending, appearing, conducting, giving, being before a judge, being in court or being at a place or location is not to be interpreted as requiring in-person attendance.

[en. B.C. Reg. 161/2022, s. 74.]

Hearing or conference has an associated physical location

(24) If a hearing or conference does not take place at a physical location because all participants attend the hearing or conference by telephone, video conference or other means of electronic communication, the hearing or conference is considered to take place at the court served by the registry where the court file is.

[en. B.C. Reg. 161/2022, s. 74.]

Default method of attendance

(25) Conferences and hearings must be attended in person.

[en. B.C. Reg. 161/2022, s. 74.]

Direction of chief judge

(26) Despite subrule (25), the chief judge may direct that a class of conferences or hearings, other than hearings under Rule 9.1 [Simplified Trials for Claims up to $10 000], 9.2 [Summary Trial for Financial Debt], 10 [The Trial] or 13 [Default Hearing], must be attended by telephone, video conference or other means of electronic communication.

[en. B.C. Reg. 161/2022, s. 74.]

Classes of conferences or hearings

(27) A direction under subrule (26) may be different for different court locations, court registries, types of court appearances, classes of persons or circumstances.

[en. B.C. Reg. 161/2022, s. 74.]

Rule 17.1 — Procedures in Fax Filing Pilot Project Registries

Definition

(1) In this rule:

"clerk" means a member of the registry staff;

"fax filing pilot project registry" means the Chilliwack, Cranbrook, Dawson Creek, Kamloops, Kelowna, Nelson, Penticton, Prince George, Rossland, Salmon Arm, Smithers, Terrace, Vernon or Williams Lake Small Claims registry.

[en. B.C. Reg. 10/2003, s. 1.]

Application of this rule

(2) Despite rule 17 (17) and subject to this rule, if a registry is a fax filing pilot project registry, a registrar or clerk may accept any document in a filing that has been transmitted to the registry by fax, except the following:

(a) a certificate of service respecting an application for a default order;

(b) a certificate of judgment under section 88 of the Court Order Enforcement Act;

(c) an order under section 76 of the Offence Act;

(d) Repealed. [B.C. Reg. 267/2018, s. 14.]

(e) a decision or order of the director under section 85 of the Residential Tenancy Act;

(e.1) a decision or order of the director under section 78 of the Manufactured Home Park Tenancy Act;

(f) a restitution order under section 741 of the Criminal Code.

[en. B.C. Reg. 10/2003, s. 1; am. B.C. Reg. 267/2018, s. 14.]

When a fax filing may be refused

(3) A registrar or clerk may refuse to accept a filing that is transmitted to a fax filing pilot project registry by fax for any one or more of the following reasons:

(a) the filing is not accompanied by a fax cover sheet in Form 20;

(b) the filing relates to more than one claim;

(c) the filing and the fax cover sheet exceed 20 pages in length and the registrar has not given leave;

(d) applicable registry services fees have not been paid;

(e) in the opinion of the registrar or clerk, the filing is illegible and cannot be used by the court;

(f) the filing is incomplete;

(g) the filing should have been transmitted to another fax filing pilot project registry;

(h) the filing does not otherwise conform to practice and procedure under these rules and any applicable enactment.

[en. B.C. Reg. 10/2003, s. 1.]

When a fax filing is filed

(4) A filing that is transmitted to a fax filing pilot project registry by fax and received by the registry fax machine will be filed as soon as is practicable, provided that it has not been refused under subrule (3).

[en. B.C. Reg. 10/2003, s. 1.]

When a fax filing is considered to be filed

(5) A filing that is transmitted to a fax filing pilot project registry by fax is considered to be filed on the date stamped on it by a clerk.

[en. B.C. Reg. 10/2003, s. 1.]

Original of fax filing may be required by judge

(6) A judge may require that the original of a document transmitted to a fax filing pilot project registry by fax in accordance with this rule be produced.

[en. B.C. Reg. 10/2003, s. 1.]

Rule 18 — Other Rules about Service and Proving Service

How to serve a notice of claim or notice of civil resolution tribunal claim on a municipality

(1) If a defendant is a municipal corporation, regional district or other local government body, the notice of claim or notice of civil resolution tribunal claim must be served by giving a copy to the clerk, deputy clerk or some similar official.

[am. B.C. Reg. 120/2017, Sch. 2, s. 48.]

How to serve a notice of claim or notice of civil resolution tribunal claim on a young person

(2) If a defendant is under 19 years of age, the notice of claim or notice of civil resolution tribunal claim must be served by leaving a copy of the notice with the defendant's parent or guardian unless a judge orders otherwise.

[am. B.C. Regs. 120/2017, Sch. 2, s. 48; 161/2022, s. 75.]

How to serve a society

(3) If the defendant is a society within the meaning of the Societies Act, the notice of claim or notice of civil resolution tribunal claim must be served

(a) by mailing a copy of it by registered mail to the mailing address of the society's registered office on file with the Registrar of Companies, or

(b) by leaving a copy of it

(i) at the delivery address of the society's registered office on file with the Registrar of Companies, or

(ii) with a director, officer, receiver manager or liquidator of the society.

[am. B.C. Regs. 188/99, s. 2; 212/2015, Sch. 3, s. 4 (a) to (c); 120/2017, Sch. 2, s. 48.]

How to serve an extraprovincial non-share corporation

(4) If the defendant is an extraprovincial non-share corporation within the meaning of the Societies Act, the notice of claim or notice of civil resolution tribunal claim must be served

(a) in accordance with section 176 of that Act,

(b) by mailing a copy of it by registered mail to the mailing address for an attorney, referred to in section 170 of that Act, of the extraprovincial non-share corporation on file with the Registrar of Companies, or

(c) if neither paragraph (a) nor (b) of this subrule applies, by following subrule (3) (b) (ii).

[en. B.C. Reg. 212/2015, Sch. 3, s. 4 (d); am. B.C. Reg. 120/2017, Sch. 2, s. 48.]

How to serve an unincorporated association and trade union

(5) If the defendant is an unincorporated association, including a trade union, the notice of claim or notice of civil resolution tribunal claim must be served

(a) by mailing a copy of it by registered mail to the registered office of the association, or

(b) by leaving a copy of it with an officer of the association, or in the case of a trade union, with a business agent.

[am. B.C. Regs. 188/99, s. 2; 120/2017, Sch. 2, s. 48.]

Service of a notice of claim or notice of civil resolution tribunal claim outside British Columbia

(6) A notice of claim or notice of civil resolution tribunal claim may be served on a person outside British Columbia if

(a) the person is

(i) an individual who normally resides in British Columbia, or

(ii) a corporation that has assets in British Columbia but is incorporated outside British Columbia and is not an extraprovincial company,

(b) the transaction or event that resulted in the claim took place in British Columbia, or

(c) the registrar gives permission (see Rule 16 (3)).

[en. B.C. Reg. 188/99, s. 2; am. B.C. Reg. 120/2017, Sch. 2, s. 48.]

How to serve a corporation outside British Columbia

(6.1) A notice of claim or notice of civil resolution tribunal claim authorized under subrule (6) to be served on a corporation outside British Columbia must be served

(a) by mailing a copy of it by registered mail to a place of business or registered office of the corporation outside British Columbia, or

(b) by leaving a copy of it

(i) at a place of business or registered office of the corporation outside British Columbia with a receptionist or a person who appears to manage or control the corporation's business, or

(ii) with a director, officer, liquidator, trustee in bankruptcy or receiver manager of the corporation.

[en. B.C. Reg. 188/99, s. 2; am. B.C. Reg. 120/2017, Sch. 2, s. 48.]

Repealed

(7)-(7.1) Repealed. [B.C. Reg. 161/2022, s. 76.]

If there is difficulty finding a defendant

(8) If a notice of claim cannot be served under Rule 2, the claimant may apply to the registrar (see Rule 16 (3)) who may

(a) permit another method of service to be used, and

(b) set the time limit for filing a reply.

If there is difficulty finding a defendant for service of a notice of civil resolution tribunal claim

(8.1) If a notice of civil resolution tribunal claim cannot be served under Rule 1.1 (10) to (17), the claimant may apply to the registrar (see Rule 16 (3)) who may

(a) permit another method of service to be used, and

(b) set the time limit for filing a reply.

[en. B.C. Reg. 120/2017, Sch. 2, s. 49.]

When another service method is permitted

(9) If another method of service is permitted, a copy of the registrar's order must be served with the notice of claim or notice of civil resolution tribunal claim unless the registrar

(a) orders otherwise, or

(b) orders notice to be given by advertisement.

[am. B.C. Reg. 120/2017, Sch. 2, s. 48.]

Effect of using another service method

(10) A notice of claim or notice of civil resolution tribunal claim that is served as permitted by a registrar's order is validly served.

[am. B.C. Reg. 120/2017, Sch. 2, s. 48.]

Notice by advertisement

(11) If a registrar permits notice to be given by advertisement, the party who obtained the order must pay for the advertisement.

Service of other documents or notices

(12) Any document, record or other thing may be served on a person

(a) by following

(i) Rule 2, if the person is not a corporation referred to in subparagraph (ii), or

(ii) subrule (6.1), if the person is a corporation incorporated outside British Columbia but is not an extraprovincial company,

unless the document is a summons to a payment hearing or to a default hearing,

(b) by mailing it by ordinary mail to the person's address, unless the document, record or other thing is

(i) a notice of claim,

(ii) a notice of civil resolution tribunal claim,

(iii) a third party notice,

(iv) a statement of finances, a record or other thing referred to in Rule 12 (9), (11.1) or (11.4) or Rule 13 (6), or

(v) a summons to a payment hearing or to a default hearing (see Rules 1.1 (10) to (17), 2, 5 (4), 12 (7) and 13 (5)), or

(c) by emailing it to the person's email address for service, unless the document is a notice of claim, a notice of civil resolution tribunal claim, a third party notice or a summons to a payment hearing, to a default hearing or to a witness (see Rules 1.1 (10) to (17), 2, 5 (4), 9 (1), 12 (7) and 13 (5)).

[am. B.C. Regs. 188/99, s. 2; 133/2005, s. 1; 146/2010, s. 2; 120/2017, Sch. 2, s. 50; 191/2021, s. 37; 161/2022, s. 77.]

When service by mail is effected

(13) A document, record or other thing that is served by ordinary mail is presumed to have been served 14 days after it was mailed unless there is evidence to the contrary.

[am. B.C. Reg. 161/2022, s. 78.]

Written proof of service

(14) Service of a document, record or other thing may be proved by filing the following at the registry:

(a) for personal service of a document, record or other thing except a summons to a payment hearing, a certificate of service (Form 4), with a copy of the document, record or other thing attached;

(b) for service by registered mail, a certificate of service (Form 4) with attached to the certificate

(i) a copy of the document, record or other thing, and

(ii) one of the following:

(A) a copy, produced by fax or otherwise, of the signature obtained by Canada Post at the time the document, record or other thing was delivered;

(B) a print-out of the delivery confirmation made available on the Internet by Canada Post;

(c) for service by ordinary mail, a certificate of service (Form 4), with a copy of the document, record or other thing attached;

(c.1) for service by email, a certificate of service (Form 4) with the following attached to the certificate:

(i) a printout of the first page of the email message that includes the sender's name, the recipient's email address, the date the email was sent and the time the email was sent;

(ii) if the printout of the first page of the email message does not list the name of the document, record or other thing as an attachment to the email, a copy of the document, record or other thing;

(d) for personal service on a lawyer or articled student, a copy of the document, record or other thing signed by the lawyer or student or by a partner or employee of the firm;

(e) for personal service of a summons to a payment hearing, an affidavit of service.

[am. B.C. Regs. 148/97, s. 16; 188/99, s. 2; 191/2021, s. 38; 161/2022, s. 78.]

Oral proof of service

(15) Instead of requiring proof of service under subrule (14), a judge or registrar may allow a person to prove by sworn oral evidence that the person has personally served a document, record or other thing.

[am. B.C. Reg. 161/2022, s. 78.]

Change of address

(16) If a party's address changes, the party must file a new address for service (Form 38) and promptly serve a copy on each of the other parties.

[en. B.C. Reg. 191/2021, s. 39.]

Types of addresses for service

(17) A party must, on an address for service (Form 38), give both of the following types of addresses:

(a) an address for personal service that must be

(i) the party's residence, place of business or solicitor's office, if the party is not incorporated and not a partnership, or

(ii) the party's registered office, place of business or solicitor's office, if the party is incorporated or a partnership;

(b) an address for service by mail or email that must be

(i) a mailing address, or

(ii) an email address.

[en. B.C. Reg. 191/2021, s. 40.]

When service by email is deemed to be completed

(18) A document transmitted for service by email under this rule is deemed to be served as follows:

(a) if the document is transmitted before 4 p.m. on a business day, the document is deemed to be served on the day of transmission;

(b) if the document, record or other thing is transmitted on a day that is not a business day, or after 4 p.m. on a business day, the document, record or other thing is deemed to be served on the next business day.

[en. B.C. Reg. 191/2021, s. 41; am. B.C. Reg. 161/2022, s. 79.]

If document, record or other thing does not reach a person

(19) If a document, record or other thing was served by email in accordance with Rule 18 (12) (c), a person may show, on an application to set aside the consequences of default, on an application for an extension of time or on an application in support of a request for an adjournment, that the document, record or other thing

(a) did not come to the person's notice,

(b) came to the person's notice later than when it was served or effectively served, or

(c) was incomplete or illegible.

[en. B.C. Reg. 191/2021, s. 41; am. B.C. Reg. 161/2022, s. 78.]

Address for service must be filed

(20) If a person wishes to file a document, record or other thing and has not yet given an address for service (Form 38), the person must also file an address for service and serve a copy on each of the other parties.

[en. B.C. Reg. 191/2021, s. 41; am. B.C. Reg. 161/2022, s. 78.]

Time limits — transition

(21) Rule 18 (7) and (7.1), as it read on October 2, 2022, continues to apply in relation to a notice of claim, a third party notice or a notice of civil resolution tribunal claim filed before October 3, 2022.

[en. B.C. Reg. 161/2022, s. 80.]

Rule 19 — Contempt

Consequences of refusing to comply at a hearing

(1) If a person at a hearing before a judge

(a) refuses to be sworn, or to affirm or to answer a question,

(b) refuses to produce a record or other evidence,

(c) does not obey a direction of the judge, or

(d) repeatedly fails to attend court when summoned or ordered to do so and does not provide adequate reasons for failing to attend,

the judge may issue a warrant (Form 15) requiring the person to be imprisoned for a specified period of not more than 3 days.

If the claimant or applicant refuses to comply

(2) If a person who does anything referred to in subrule (1) is

(a) the claimant or applicant,

(b) an officer, director or employee who is an authorized representative of the claimant or applicant, or

(c) a partner or a manager of a partnership that is the claimant or applicant,

the judge may dismiss the claim or application.

[en. B.C. Reg. 161/2022, s. 80.]

If the defendant or third party refuses to comply

(3) If a person who does anything referred to in subrule (1) is

(a) the defendant or a third party,

(b) an officer, director or employee who is an authorized representative of the defendant or a third party, or

(c) a partner or a manager of a partnership that is the defendant or third party,

the judge may continue with the proceeding as if no reply had been filed.

Release from imprisonment for contempt

(4) A person imprisoned under subrule (1) or Rule 13 (8) may apply to a judge who may order the person to be released on the conditions set by the judge.

Rule 20 — Fees and Expenses

If a person cannot afford the fees

(1) Anyone who cannot afford the fees payable for registry services under Schedule A may apply to the registrar (see Rule 16 (3)), to be exempted from paying the fees.

Successful party to receive filing and service fees

(2) An unsuccessful party must pay to the successful party the following expenses, unless a judge or registrar orders otherwise:

(a) any fees the party paid for filing any documents;

(b) reasonable amounts the party paid for serving any documents, records or other things;

(c) any other reasonable charges or expenses that the judge or registrar considers directly relate to the conduct of the proceeding.

[am. B.C. Reg. 161/2022, s. 81.]

Determination of expenses

(3) A judge may determine the amount of the expenses that are payable under subrule (2) or refer the matter to the registrar.

Registrar's determination

(4) If a judge refers the matter to the registrar, the registrar must determine the amount of expenses as soon as practicable.

A judge may order a penalty

(5) A judge may order a party to pay the other party up to 10% of the amount claimed or the value of the claim or counterclaim if the party made a claim, counterclaim or reply and proceeded through trial with no reasonable basis for success.

Compensation for unnecessary expenses

(6) A judge may order a party or witness whose conduct causes another party or witness to incur expenses to pay all or part of those expenses.

Compensation for collection expenses

(7) To compensate a creditor for the cost of collecting payment due under a default order or payment order, a registrar may order the debtor to pay expenses, limited to those in Schedule A.

Rule 21 — Use of Forms

Forms are in Schedule B

(1) The forms in Schedule B must be used in accordance with these rules and the instructions on the forms.

Registrar may refuse to accept improper forms

(2) A registrar may refuse to accept a document for filing if it is

(a) not in the form required by these rules, or

(b) not completed according to the instructions on that form.

Reply — transition

(3) A party may use Form 2 as it read on October 2, 2022 to reply in either of the following circumstances:

(a) the reply is made under Rule 3 (2) in response to a notice of claim that was filed before October 3, 2022;

(b) the reply is made under Rule 1.1 (21) in response to a notice of civil resolution tribunal claim that was filed before October 3, 2022.

[en. B.C. Reg. 161/2022, s. 82.]

Third party reply — transition

(4) The requirement to use Form 3.1 to reply under Rule 5 (7) does not apply if the third party claim to which the person is replying was filed before October 3, 2022.

[en. B.C. Reg. 161/2022, s. 82.]

Statement of finances — transition

(5) Despite Rules 12 (9) and 13 (6), a person summoned is not required to file a statement of finances if the creditor filed the summons, or if the judge ordered the payment hearing or default hearing, before October 3, 2022.

[en. B.C. Reg. 161/2022, s. 82.]

Rule 22 — Electronic Filing Rule

Application of Supreme Court Civil Rules

(1) Rule 23-3 (1) to (3), (4) (a), (6) to (14) and (16) of the Supreme Court Civil Rules applies to a claim under these rules.

[en. B.C. Reg. 146/2010, s. 3; am. B.C. Reg. 191/2021, s. 42.]

Qualifications

(2) For the purposes of subrule (1) of this rule,

(a) a reference to Form 119 in Rule 23-3 (6) of the Supreme Court Civil Rules, as that rule applies under subrule (1) of this rule, is deemed to be a reference to Form 28 of these rules, and

(b) a reference to affidavits in Rule 23-3 (11) of the Supreme Court Civil Rules, as that rule applies under subrule (1) of this rule, is deemed to exclude reference to affidavits of service under these rules.

[en. B.C. Reg. 146/2010, s. 3.]

Original documents

(3) A document that has been transmitted for filing electronically under subrule (1) may be treated by the registry for all purposes as an original document.

[en. B.C. Reg. 133/2005, s. 2.]

Repealed

(4) Repealed. [B.C. Reg. 192/2007, s. (b).]

Contents | Rules 1 to 5 | Rules 6 to 10.2 | Rules 11 to 15 | Rules 16 to 22 | Schedule A | Schedule B | Schedules C, D and E