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"Point in Time" Regulation Content

Law and Equity Act

Notice to Mediate (Family) Regulation

B.C. Reg. 296/2007

NOTE: Links below go to regulation content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to "current to" date of the regulation.)
SECTIONEFFECTIVE DATE
Section 1 July 1, 2010
March 30, 2012
March 18, 2013
Section 2 March 30, 2012
Section 3 July 1, 2010
March 18, 2013
Section 5 July 1, 2010
March 18, 2013
Section 6 July 1, 2010
Section 15 March 30, 2022
Section 23 March 18, 2013
Section 33 March 30, 2022
Section 34 July 1, 2010
March 30, 2012
Section 40 March 18, 2013
Form 1 July 1, 2010
October 30, 2023
Form 1 to 5 July 1, 2010
Form 2 July 1, 2010

 Section 1 definition of "date of trial" BEFORE amended by BC Reg 160/2010, effective July 1, 2010.

"date of trial" means the date set for trial in a notice of trial filed under the Rules of Court;

 Section 1 definitions "deliver" and "serve" were added by BC Reg 160/2010, effective July 1, 2010.

 Section 1 definitions of "date of trial" and "serve" BEFORE amended by BC Reg 66/2012, effective March 30, 2012.

"date of trial"  means the date set for trial in a notice of trial filed under the Supreme Court Civil Rules;

"serve" has the same meaning as in the Supreme Court Civil Rules.

 Section 1 definition of "family law proceeding" BEFORE amended by BC Reg 373/2012, effective March 18, 2013.

"family law proceeding" means a proceeding in which relief is claimed under the Family Relations Act or the Divorce Act (Canada), and includes a proceeding for judicial separation or nullity;

 Section 2 BEFORE amended by BC Reg 66/2012, effective March 30, 2012.

 Application

2  This regulation applies to family law proceedings commenced in any of the following registries:

(a) the Duncan registry;

(b) the Nanaimo registry;

(c) the New Westminster registry;

(d) the Vancouver registry;

(e) the Victoria registry.

[en. B.C. Reg. 294/2008.]

 Section 3 BEFORE amended by BC Reg 160/2010, effective July 1, 2010.

 Initiating mediation

3  Subject to sections 2 and 4, any party to a family law proceeding may initiate mediation in that proceeding by delivering a Notice to Mediate (Family) in Form 1 to every other party to the proceeding and to the Dispute Resolution Office, Ministry of Attorney General.

 Section 3 BEFORE re-enacted by BC Reg 373/2012, effective March 18, 2013.

 Initiating mediation

3  Subject to sections 2 and 4, any party to a family law proceeding may initiate mediation in that proceeding by

(a) serving a Notice to Mediate (Family) in Form 1 on every other party to the proceeding, and

(b) delivering a Notice to Mediate (Family) in Form 1 to the Dispute Resolution Office in the Ministry of the Attorney General.

[am. B.C. Reg. 160/2010, s. 2.]

 Section 5 BEFORE amended by BC Reg 160/2010, effective July 1, 2010.

 When notice to mediate must be delivered

5  Unless the court otherwise orders, a Notice to Mediate may be delivered under section 3 no earlier than 90 days after the filing of the first statement of defence in the family law proceeding and no later than 90 days before the date of trial.

 Section 5 BEFORE amended by BC Reg 373/2012, effective March 18, 2013.

 When notice to mediate must be served or delivered

5  Unless the court otherwise orders, a Notice to Mediate may be served or delivered under section 3 no earlier than 90 days after the filing of the first response to family claim in the family law case and no later than 90 days before the date of trial.

[am. B.C. Reg. 160/2010, s. 3.]

 Section 6 BEFORE amended by BC Reg 160/2010, effective July 1, 2010.

 Appointment of mediator

6  The participants must jointly appoint a mutually acceptable mediator within 14 days after the Notice to Mediate has been delivered to all parties.

 Section 15 (part) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.

Power of mediator to end process

15   Without limiting any other of the mediator's rights and powers in relation to the mediation process, at any time after the mediator has held a pre-mediation meeting, the mediator may end the mediation process if the mediator, in his or her sole discretion, concludes that

 Section 23 (a) BEFORE amended by BC Reg 373/2012, effective March 18, 2013.

(a) a party has obtained against another party a restraining order, including, without limitation, a restraining order under section 37 or 38 of the Family Relations Act or a peace bond under section 810 of the Criminal Code,

 Section 33 BEFORE amended by BC Reg 76/2022, effective March 30, 2022.

Conduct of a mediation

33   Subject to section 13, the mediator may conduct a pre-mediation meeting and the mediation in any manner he or she considers appropriate to assist the participants to reach a resolution that is timely, fair and cost-effective.

 Section 34 (2) (part) BEFORE amended by BC Reg 160/2010, effective July 1, 2010.

(2)  A participant bringing an application under subsection (1) must do so in accordance with the Rules of Court and, without limiting this, must, before making that application, deliver to each of the other participants

 Section 34 BEFORE amended by BC Reg 66/2012, effective March 30, 2012.

(2)  A participant bringing an application under subsection (1) must do so in accordance with the Supreme Court Civil Rules and, without limiting this, must, before making that application, serve on each of the other participants

(a) an Allegation of Default in Form 4 respecting the participant who is alleged to have failed to comply with a provision of this regulation, and

(b) any affidavits in support of the application.

 Section 40 BEFORE amended by BC Reg 373/2012, effective March 18, 2013.

 Certificate of Conclusion of Mediation

40  When a mediation is concluded, the mediator must deliver a Certificate of Conclusion of Mediation in Form 5 to each of the participants who requests one or to their counsel and to the Dispute Resolution Office, Ministry of Attorney General.

 Form 1 (part) BEFORE amended by BC Reg 160/2010, effective July 1, 2010.

The parties who have not been exempted from attending the mediation session must jointly appoint a mutually acceptable mediator within 14 days after delivery of this Notice.

Otherwise, any of those parties may apply to a designated roster organization for appointment of a mediator.

Dated at .............................................., British Columbia, on .................................., 20.... .

..................................................
Party [or party's solicitor]

Party delivering this Notice:

 Form 1 (parts) BEFORE struck out by BC Reg 227/2023, effective October 30, 2023.

Party serving this Notice:

* Information about separation and divorce, including information about the mediation process, is available at the Nanaimo Family Justice Services Centre, 302-65 Front Street, Nanaimo BC, V9R 5H9, and online at www.ag.gov.bc.ca/justice-access-centre.

* Information about the mediation process, including matters to consider when selecting a mediator, is available online at www.mediatebc.com.

 Forms 1 to 5 were amended by substituting "Claimant(s)" wherever "Plantiff(s)" appears by BC Reg 160/2010, effective July 1, 2010.

 Forms 1 to 5 were amended by substituting "Respondent(s)" wherever "Defendant(s)" appears by BC Reg 160/2010, effective July 1, 2010.

 Form 2 was amended by substituting "claimant" wherever "plaintiff" appears by BC Reg 160/2010, effective July 1, 2010.

 Form 2 (part) BEFORE amended by BC Reg 160/2010, effective July 1, 2010.

[To be completed by defendant]