Definitions

1   In this regulation:

"Act", except in Part 4, means the Family Law Act;

"child support guidelines" mean the child support guidelines established under Part 4.

Prescribed process for section 10 of the Act

1.1   Consensual dispute resolution under rule 10 of the Provincial Court Family Rules is a prescribed process for the purposes of section 10 (2.1) of the Act.

[en. B.C. Reg. 75/2019, s. 1; am. B.C. Reg. 23/2021, App. 5, s. 1.]

Prescribed classes of persons for sections 11 and 12 of the Act

2   For the purposes of section 11 (1) (b) and 12 (1) (b) of the Act, the following classes of employees of the Family Justice Services Division of the Ministry of Attorney General are prescribed:

(a) child support officers;

(b) administrative support staff;

(c) interviewers;

(d) local managers;

(e) regional directors;

(f) Provincial executive directors.

[am. B.C. Regs. 99/2018, Sch. 2, s. 7; 121/2022, Sch. 1, s. 1.]

Interpretation

3   (1) In this Part:

"confidential information" means the following:

(a) information that a family justice counsellor obtains in the course of providing assistance under section 10 (2) of the Act;

(b) information that a person who assists a family justice counsellor obtains from, or in the course of assisting, a family justice counsellor;

"person who assists a family justice counsellor" means a person within a class of persons prescribed for the purposes of sections 11 (1) (b) and 12 (1) (b) of the Act, acting in the course of assisting a family justice counsellor;

"personal information" has the same meaning as in the Freedom of Information and Protection of Privacy Act.

(2) For greater certainty, nothing in any provision of this Part limits the authority of a family justice counsellor and a person who assists a family justice counsellor to disclose confidential information under any other provision of this Part.

[en. B.C. Reg. 23/2021, App. 1, s. 1.]

Disclosure generally

3.1   (1) A family justice counsellor and a person who assists a family justice counsellor may disclose confidential information that has been in existence for at least

(a) 50 years, if the information is not personal information, or

(b) 100 years, if the information is personal information.

(2) A family justice counsellor and a person who assists a family justice counsellor may disclose confidential information in relation to a civil or administrative proceeding to which the family justice counsellor is a party.

[en. B.C. Reg. 23/2021, App. 1, s. 1.]

Disclosure of particular types of confidential information

3.2   A family justice counsellor and a person who assists a family justice counsellor may disclose the following types of confidential information:

(a) a written agreement to mediate;

(b) a written agreement that resolves one or more issues in a family law dispute;

(c) information obtained from a child in the course of providing assistance under section 10 (2) of the Act, if

(i) the child first indicates that child's approval to the disclosure, and

(ii) the information is disclosed only to the person or persons receiving assistance under section 10 (2) of the Act;

(d) confirmation that a person met with a family justice counsellor in relation to a matter described under section 10 (2) of the Act, if that person requests the confirmation.

[en. B.C. Reg. 23/2021, App. 1, s. 1.]

Disclosure for particular purposes

3.3   (1) A family justice counsellor and a person who assists a family justice counsellor may disclose confidential information for any of the following purposes:

(a) to comply with requirements under the applicable Rules of Court or the Child, Family and Community Service Act;

(b) to protect a person or property, if the person making the disclosure reasonably believes that there is a risk of imminent and serious harm;

(c) to provide evidence for the purposes of an application made to the court to set aside an agreement that

(i) was negotiated with the assistance of a family justice counsellor under section 10 (2) of the Act, and

(ii) is made in respect of division of property under Part 5 of the Act or the payment of spousal support under Part 7 of the Act;

(d) for research purposes, if the confidential information is disclosed in accordance with section 33 (3) (h) of the Freedom of Information and Protection of Privacy Act.

(2) A family justice counsellor and a person who assists a family justice counsellor may disclose confidential information to a service provider or agency if both of the following conditions are met:

(a) the disclosure is made in conjunction with a referral of a person to that service provider or agency;

(b) the person being referred has consented to both the referral and the disclosure.

[en. B.C. Reg. 23/2021, App. 1, s. 1; am. B.C. Reg. 297/2021, Sch. 2.]

Disclosure for Court Rules purposes

3.4   (1) Repealed. [B.C. Reg. 23/2021, App. 5, s. 2 (a).]

(2) A family justice counsellor may disclose to the court the following types of confidential information, if that information was obtained in the course of assisting parties to meet the requirements described in rule 10 [early resolution requirements] of the Provincial Court Family Rules:

(a) if a needs assessment was completed and, if so, the date of completion;

(b) if a parenting education program was completed and, if so, the date of completion;

(c) if consensual dispute resolution was completed and, if so, the date of completion;

(d) if it was determined that consensual dispute resolution was not able to be accessed or was not appropriate;

(e) the kinds of family law matters addressed during consensual dispute resolution;

(f) the kinds of family law matters that are outstanding.

(3) For the purposes of subsection (2), the words and expressions used in that subsection have the same meanings as they have in the Provincial Court Family Rules.

[en. B.C. Reg. 23/2021, App. 1, s. 1; am. B.C. Reg. 23/2021, App. 5, s. 2.]

Disclosure to persons receiving assistance

3.5   (1) This section applies to confidential information obtained from a person who is

(a) receiving assistance under section 10 (2) of the Act, or

(b) relevant to the matter in respect of which assistance is being provided to another person under section 10 (2) of the Act.

(2) A family justice counsellor and a person who assists a family justice counsellor may disclose confidential information described in subsection (1) to another person receiving assistance in respect of the same matter if both of the following conditions are met:

(a) the purpose of the disclosure is to provide assistance to the other person;

(b) the person from whom the confidential information is obtained has consented to the disclosure.

[en. B.C. Reg. 23/2021, App. 1, s. 1.]

Family law mediators

4   (1) Only a mediator who is qualified as a family dispute resolution professional may conduct a mediation in relation to a family law dispute.

(2) A mediator is qualified as a family dispute resolution professional if the mediator is

(a) a member in good standing of the Law Society of British Columbia and meets all of the training and practice requirements set for family law mediators by the Law Society of British Columbia,

(b) a member in good standing of the Mediate BC Family Roster,

(c) a member in good standing of, and a certified mediator with, Family Mediation Canada and meets the training and practice requirements of Family Mediation Canada,

(c.1) a member in good standing of the BC Family Mediation Roster of the Alternative Dispute Resolution Institute of British Columbia,

(c.2) an individual appointed as a family justice counsellor under section 10 of the Act, or

(d) an individual to whom all of the following apply:

(i) the individual has at least 2 years experience in family-related practice, including in law, psychology, social work, clinical counselling, teaching or nursing;

(ii) the individual has completed at least 21 hours of family law training provided by the Justice Institute of British Columbia or by the Continuing Legal Education Society of British Columbia or equivalent training provided by any other training provider that is recognized as providing high quality training in that field;

(iii) the individual has completed at least 80 hours of mediation theory and skills training, provided by the Justice Institute of British Columbia, by the Continuing Legal Education Society of British Columbia or by any other training provider that is recognized as providing high quality training in that field, that includes at least

(A) 21 hours of training focusing on issues relating to family dynamics in separation and divorce,

(B) 7 hours of training focusing on financial issues relating to separation, divorce and family reorganization,

(C) 7 hours of training focusing on ethical issues relating to the mediation process, and

(D) 7 hours of training focusing on drafting memoranda of understanding;

(iv) the individual has completed at least 14 hours of family violence training, including training on identifying, assessing and managing family violence and power dynamics in relation to dispute resolution process design, provided by the Justice Institute of British Columbia, by the Continuing Legal Education Society of British Columbia or by any other training provider that is recognized as providing high quality training in that field;

(v) each year the individual completes at least 10 hours of continuing professional development applicable to family dispute resolution practice, at least 7 hours of which must be in the form of a course provided by the Justice Institute of British Columbia, by the Continuing Legal Education Society of British Columbia or by any other training provider that is recognized as providing high quality training in that field;

(vi) the individual maintains professional liability insurance that provides coverage for the individual's practice of mediation.

(3) The following practice standards apply to a family dispute resolution professional who wishes to engage in mediation in relation to a family law dispute:

(a) before initiating mediation, the mediator must enter into a written agreement to mediate with the parties to the family law dispute;

(b) before initiating mediation, the mediator must provide written confirmation to the parties to the family law dispute that the mediator meets the professional requirements set out in subsection (2).

[am. B.C. Regs. 64/2021, ss. 2, 3 and 8; 227/2023, Sch. 1.]

Family law arbitrators

5   (1) Only an arbitrator who is qualified as a family dispute resolution professional may conduct an arbitration in relation to a family law dispute.

(2) An arbitrator is qualified as a family dispute resolution professional if

(a) the arbitrator is a member in good standing of the Law Society of British Columbia and meets all of the training and practice requirements set for family law arbitrators by the Law Society of British Columbia, or

(b) subject to subsection (3), the arbitrator is an individual to whom all of the following apply:

(i) the individual is authorized under the Health Professions Act to practise the designated health profession of psychology or is a registrant within the meaning of the Social Workers Act;

(ii) the individual has at least 10 years experience in family-related practice;

(iii) the individual has completed at least 40 hours of training in arbitration theory and skills provided by a training provider that is recognized as providing high quality training in that field, which training must include training in relation to

(A) the statutory context applicable to arbitration,

(B) conducting arbitration hearings,

(C) rules of evidence and principles of natural justice,

(D) the writing of agreements, awards and decisions, and

(E) family dynamics;

(iv) the individual has completed at least 30 hours of family law training, including training on the child support guidelines, provided by the Justice Institute of British Columbia, by the Continuing Legal Education Society of British Columbia or by any other training provider that is recognized as providing high quality training in that field;

(v) the individual has completed at least 14 hours of family violence training, including training on identifying, assessing and managing family violence and power dynamics in relation to dispute resolution process design, provided by the Justice Institute of British Columbia, by the Continuing Legal Education Society of British Columbia or by any other training provider that is recognized as providing high quality training in that field;

(vi) each year the individual completes at least 10 hours of continuing professional development applicable to family dispute resolution practice, at least 7 hours of which must be in the form of a course provided by the Justice Institute of British Columbia, by the Continuing Legal Education Society of British Columbia or by any other training provider that is recognized as providing high quality training in that field;

(vii) the individual maintains professional liability insurance that provides coverage for the individual's practice of arbitration.

(3) An arbitrator referred to in subsection (2) (b) is qualified as a family dispute resolution professional to conduct arbitrations in relation to family law disputes relating to one or more of the following only:

(a) parenting arrangements;

(b) contact with a child;

(c) child support to which all of the following apply:

(i) all children in relation to whom support is sought are under 19 years of age;

(ii) none of the payor's income is self-employment income or partnership income;

(iii) the payor's annual income is not more than $150 000;

(iv) the applicable table to the child support guidelines is being relied on to calculate the basic child support amount;

(v) if special or extraordinary expenses under section 7 of the child support guidelines are at issue in the family law dispute, the determination of what those expenses are and how they are to be calculated is straightforward.

(4) The following practice standards apply to a family dispute resolution professional who wishes to engage in arbitration in relation to a family law dispute:

(a) before initiating arbitration, the arbitrator must enter into a written agreement to arbitrate with the parties to the family law dispute;

(b) before initiating arbitration, the arbitrator must provide written confirmation to the parties to the family law dispute that the arbitrator meets the professional requirements set out in subsection (2).

[am. B.C. Regs. 64/2021, ss. 2, 3 and 8; 132/2024, s. 11.]

Parenting coordinators

6   (1) A person may act as a parenting coordinator if

(a) the person is a member in good standing of

(i) the Law Society of British Columbia,

(ii) the College of Health and Care Professionals of British Columbia,

(iii) the British Columbia College of Social Workers,

(iv) the BC Association of Clinical Counsellors,

(v) Family Mediation Canada,

(vi) the Mediate BC Family Roster, or

(vii) the BC Parenting Coordinators Roster Society,

(b) one of the following applies:

(i) the person is a member in good standing of the Law Society of British Columbia and meets all of the training and practice requirements set for parenting coordinators by the Law Society of British Columbia;

(ii) the person is not a member of the Law Society of British Columbia and all of the following apply:

(A) the person meets the training requirements of, and is eligible for membership in, the Mediate BC Family Roster or Family Mediation Canada;

(B) the person has at least 10 years experience in family-related practice;

(C) the person has completed at least 40 hours of training in parenting coordination provided by a training provider that is recognized as providing high quality training in that field, which training must include training in relation to the role and responsibilities of a parenting coordinator, arbitration and decision making, communication skills development, the effects of separation and divorce on parents and children, high conflict family dynamics and child development and developmental needs;

(D) the person has completed at least 21 hours of family law training provided by the Justice Institute of British Columbia, by the Continuing Legal Education Society of British Columbia or by any other training provider that is recognized as providing high quality training in that field;

(E) the person has completed at least 14 hours of family violence training, including training on identifying, assessing and managing family violence and power dynamics in relation to dispute resolution process design, provided by the Justice Institute of British Columbia, by the Continuing Legal Education Society of British Columbia or by any other training provider that is recognized as providing high quality training in that field;

(F) each year the person completes at least 10 hours of continuing professional development applicable to family dispute resolution practice, at least 7 hours of which must be in the form of a course provided by the Justice Institute of British Columbia, by the Continuing Legal Education Society of British Columbia or by any other training provider that is recognized as providing high quality training in that field, and

(c) the person maintains professional liability insurance that provides coverage for the person's practice as a parenting coordinator.

(2) The following practice standards apply to a parenting coordinator:

(a) before assisting the parties to a family law dispute in the capacity of a parenting coordinator, the parenting coordinator must enter into a written agreement to provide parenting coordination services with the parties to the family law dispute;

(b) before assisting the parties to a family law dispute in the capacity of a parenting coordinator, the parenting coordinator must provide written confirmation to the parties to the family law dispute that the parenting coordinator meets the professional requirements set out in subsection (1).

(3) The following are the matters in respect of which a parenting coordinator may make determinations:

(a) parenting arrangements;

(b) contact with a child.

(4) For the purposes of subsection (3), a parenting coordinator

(a) may make determinations in respect of

(i) a child's daily routine, including a child's schedule in relation to parenting time or contact with the child,

(ii) the education of a child, including in relation to the child's special needs,

(iii) the participation of a child in extracurricular activities and special events,

(iv) the temporary care of a child by a person other than

(A) the child's guardian, or

(B) a person who has contact with the child under an agreement or order,

(v) the provision of routine medical, dental or other health care to a child,

(vi) the discipline of a child,

(vii) the transportation and exchange of a child for the purposes of exercising parenting time or contact with the child,

(viii) parenting time or contact with a child during vacations and special occasions, and

(ix) any other matters, other than matters referred to in paragraph (b), that are agreed on by the parties and the parenting coordinator, and

(b) must not make determinations in respect of

(i) a change to the guardianship of a child,

(ii) a change to the allocation of parental responsibilities,

(iii) giving parenting time or contact with a child to a person who does not have parenting time or contact with the child,

(iv) a substantial change to the parenting time or contact with a child, or

(v) the relocation of a child.

(5) Repealed. [B.C. Reg. 347/2012, s. 2 (b).]

[am. B.C. Regs. 347/2012, s. 2 (b); 64/2021, ss. 2, 3 and 8; 132/2024, s. 12.]

Definitions

7   In this Part:

"Federal Child Support Guidelines" means the Federal Child Support Guidelines established under section 26.1 of the Divorce Act (Canada);

"Federal guidelines" means the Federal Child Support Guidelines as they apply for the purposes of this regulation.

Establishment of child support guidelines

8   For the purposes of sections 1, 247 and 249 (5) and (6) of the Family Law Act, the Federal Child Support Guidelines, except sections 2 (1) and (4) (c.1), 21 (5), 26 and 27 of those guidelines, are adopted and established as child support guidelines in accordance with this Part.

[am. B.C. Reg. 23/2021, App. 4, s. 1.]

Application of federal child support guidelines

9   (1) For the purposes of section 8 of this regulation, a reference in the Federal Child Support Guidelines

(a) to "the Act" is to be read as a reference to "the Family Law Act",

(b) to "the age of majority" is to be read as a reference to "19 years of age",

(c) to a "child" is to be read as a reference to child as defined by the Family Law Act,

(d) to a "child support order" is to be read as a reference to an order, including an interim order, respecting child support made under Part 7 of the Family Law Act,

(e) to "income" is to be read as a reference to the annual income determined under sections 15 to 20 of the Federal guidelines,

(f) to the "Income Tax Act" is and remains a reference to the "Income Tax Act (Canada)",

(g) to "order assignee" is to be read as a reference to the minister to whom maintenance rights are assigned under the Employment and Assistance Act or the Employment and Assistance for Persons with Disabilities Act, as applicable, and includes any other person, province, state or political subdivision, and any official agency of any other person, province, state or political subdivision, to which an assignment of one or more maintenance rights is made in accordance with legislation in that jurisdiction,

(h) to a "spouse", except in section 5 of the Federal guidelines, is to be read as a reference to a "parent" as defined in section 1 of the Family Law Act or to a "guardian" as defined in section 146 of the Family Law Act,

(i) to a "spouse" in section 5 of the Federal guidelines is to be read as a reference to a "person",

(j) to "other spouse" in sections 22, 24 (d) and 25 (2) of the Federal guidelines is deemed to include, without limiting paragraph (h) or (i) of this subsection, an order assignee,

(k) to a "table" is to be read as a reference to a federal child support table set out in Schedule I to the Federal guidelines,

(l) to a "universal child care benefit" is to be read as a reference to a benefit provided under section 4 of the Universal Child Care Benefit Act (Canada), and

(m) to a "variation order in respect of a child support order" is to be read as a reference to an order changing, suspending or terminating an order respecting child support.

(2) For the purposes of section 8 of this regulation, a reference

(a) in section 2 (4) (a) of the Federal guidelines to "interim orders under subsections 15.1(2), 18.1(12) and 19(10) of the Act" is to be read as a reference to interim orders for child support under section 216 or 217 of the Family Law Act or under section 10 (2) (c), 13 (1) (b), 30 (2) (c) or 32 (1) (b) of the Interjurisdictional Support Orders Act,

(b) in section 2 (4) (b) of the Federal guidelines to "orders varying a child support order" is to be read as a reference to "orders changing, suspending or terminating an order respecting child support",

(c) in section 2 (4) (c) of the Federal guidelines to "orders referred to in subsections 18.1(15) or 19(13) of the Act" is to be read as a reference to "orders under section 13 (1) (a) or 32 (1) (a) of the Interjurisdictional Support Orders Act",

(d) in section 2 (4) (d) of the Federal guidelines to "recalculations of the amount of child support orders under subsection 25.1(1) of the Act" is to be read as a reference to "recalculations under section 154 (2) (b) of the Family Law Act",

(d.1) in section 2 (5) of the Federal guidelines to "calculations or recalculations by a provincial child support service under subsection 25.01(1) or 25.1(1) of the Act" is to be read as a reference to "recalculations under section 154 (2) (b) of the Family Law Act",

(e) in section 3 (3) (a) (i) and (b) of the Federal guidelines to "a variation order in respect of the child support order" is to be read as a reference to "an order changing, suspending or terminating an order respecting child support",

(f) in section 3 (3) (a.1) and (b) of the Federal guidelines to "calculation or recalculation under subsection 25.01(1) or 25.1 of the Act" is to be read as a reference to "recalculation under Division 3 of Part 7 of the Family Law Act",

(f.1) in section 3 (3) (a.1) and (b) of the Federal guidelines to "calculated or recalculated under subsection 25.01(1) or 25.1 of the Act" is to be read as a reference to "recalculated under Division 3 of Part 7 of the Family Law Act",

(g) in section 7 (1) (a) of the Federal guidelines to "the spouse who has the majority of parenting time" is to be read as a reference to "a guardian",

(h) in section 8 of the Federal guidelines to "spouse" is to be read as a reference to "guardian",

(i) Repealed. [B.C. Reg. 23/2021, App. 4, s. 2 (h).]

(j) in section 9 (b) of the Federal guidelines to "shared parenting time arrangements" is to be read as a reference to "the parenting arrangements",

(k) in section 10 (2) (b) of the Federal guidelines to "parenting time with a child" is to be read as a reference to "parenting time, or contact, with a child",

(l) in section 10 (2) (c) of the Federal guidelines to a "written separation agreement" is to be read as a reference to a "written agreement referred to in section 6 of the Family Law Act",

(m) in section 10 (2) (d) of the Federal guidelines to a "child of the marriage" is to be read as a reference to a "child of the parents who are the parties to the application",

(n) in section 14 of the Federal guidelines to "subsection 17(4) of the Act" is to be read as a reference to "section 152 (2) (a) of the Family Law Act",

(o) in section 14 (c) of the Federal guidelines to "an order made before May 1, 1997, the coming into force of section 15.1 of the Act, enacted by section 2 of chapter 1 of the Statutes of Canada, (1997)" is to be read as a reference to "an order made before April 14, 1998, the coming into force of section 93 of the Family Relations Act, enacted by section 18 of the Family Relations Amendment Act, 1997, S.B.C. 1997 c. 20",

(p) in section 19 (1) (a) of the Federal guidelines to "child of the marriage or any child under the age of majority" is to be read as a reference to "child", and

(q) in sections 22 (2), 24 (d) and 25 (7) (a) of the Federal guidelines to "costs" is to be read as a reference to "costs and expenses".

[am. B.C. Reg. 23/2021, App. 4, s. 2.]

Application of federal child support guidelines to courts and court rules

10   (1) Nothing in this regulation extends the jurisdiction of the Provincial Court, and, in particular, the power of a court to award costs under sections 22 (2), 24 (d) and 25 (7) (a) of the Federal guidelines is a power exercisable by the Supreme Court only.

(2) These guidelines are in addition to and not in substitution for any court rules prescribed under the Court Rules Act, but if there is a conflict between these guidelines and any court rules, these guidelines prevail.

(3) For the purposes of subsection (2) of this section, it is not a conflict between these guidelines and court rules merely because the court rules

(a) require a person to provide information that is additional to the information that the person would be required to provide under these guidelines,

(b) require that certain information that is required by the court rules but not by these guidelines be presented in a manner or form that is different from the manner or form in which information required under these guidelines is to be presented, or

(c) require the provision, in one manner or form, of information some or all of which is required under these guidelines to be provided in a different manner or form.

Definitions

11   In this Part:

"party" means a payor or recipient;

"registry" means a court registry prescribed under section 12.

[am. B.C. Reg. 14/2022, s. 1.]

Prescribed court registry

12   Each Provincial (Family) Court Registry in British Columbia is prescribed for the purposes of sections 155 (1) (a) (ii) and (b) and (5) and 158 (1) (b) of the Act.

[am. B.C. Reg. 14/2022, s. 2.]

Income information to be provided to child support service

13   (1) On request by the child support service, a person described in section 158 (1) of the Act must provide the child support service with

(a) a copy of the personal income tax return filed for the most recent taxation year by the person specified in the request, and

(b) a copy of every notice of assessment and reassessment issued to the person for the most recent taxation year.

(1.1) A request under section 13 (1) may be made by

(a) posting the request to the person on the website operated and maintained by the child support service if the person has set up access to that website, or

(b) emailing the request to the person if the person has provided an email address.

(2) A person described in section 158 (1) of the Act must provide the income information requested under subsection (1) of this section no later than 30 days after the date the person is deemed, under section 20 of this regulation, to have received the request.

(3) If a person described in section 158 (1) of the Act does not provide information under subsection (1) of this section within the time period required by subsection (2) of this section, the child support service may, for the purposes of section 158 (2) of the Act, recalculate the amount of child support by applying to the income of that person that had been used to determine the current child support the following:

(a) if fewer than 2 years have passed since the child support amount being recalculated was established or last changed, a 10% increase;

(b) if 2 or more but fewer than 5 years have passed since the child support amount being recalculated was established or last changed, a 15% increase;

(c) if 5 or more but fewer than 10 years have passed since the child support amount being recalculated was established or last changed, a 20% increase;

(d) if 10 or more years have passed since the child support amount being recalculated was established or last changed, a 30% increase.

[am. B.C. Regs. 14/2022, s. 3; 42/2024, Sch. 1, s. 10.]

Contact information

14   (1) On request by the child support service, a party must provide the child support service with the party's address, email address, telephone number and fax number.

(1.1) A request under section 14 (1) may be made by

(a) posting the request to the person on the website operated and maintained by the child support service if the person has set up access to that website, or

(b) emailing the request to the person if the person has provided an email address.

(1.2) A party must respond to a request made under section 14 (1) within 30 days of receiving the request.

(2) A party must notify the child support service, in writing, of a change in the contact information provided under subsection (1) no later than 30 days after the change occurs.

(3) If a party does not provide the contact information as requested under subsection (1) or does not provide notification of a change in that contact information as required by subsection (2), the child support service may recalculate the amount of child support without further notice to the party.

[am. B.C. Regs. 14/2022, s. 4; 42/2024, Sch. 1, s. 11.]

Repealed

15   Repealed. [B.C. Reg. 14/2022, s. 5.]

Prescribed difference for the purposes of section 155 (4) of the Act

16   The prescribed difference for the purposes of section 155 (4) of the Act is $5 more or $5 less per month than the current child support.

Notification of recalculated amount

17   (1) Subject to section 14 (3) of this regulation, the child support service must notify each party in writing of the recalculated amount.

(2) Notification under subsection (1) of this section may be

(a) sent by regular mail or email to the last known address or email address of the party in the records of the child support service, or

(b) posted to the website operated and maintained by the child support service if the party has set up access to that website.

[am. B.C. Regs. 14/2022, s. 6; 42/2024, Sch. 1, s. 12.]

Child support service must decline recalculation

18   (1) The child support service must decline to recalculate a child support amount

(a) if the child support amount was established in an order made in accordance with

(i) section 3 (2), 4 (b), 5, 9, 10, 17 or 19 (1) (a) or (c) to (i) of the child support guidelines, or

(ii) the Interjurisdictional Support Orders Act,

(a.1) if the amount is for special or extraordinary expenses calculated under section 7 [special or extraordinary expenses] of the child support guidelines unless

(i) all parties provide the income information required under section 13, and

(ii) the order or agreement indicates the proportionate share that each party is to pay of those expenses, or

(b) if all or a part of the income used to determine the child support amount is self-employment income or partnership income.

(2) Despite subsection (1), the child support service may recalculate a child support amount if the child support amount was established in an agreement or order made in accordance with

(a) section 3 (2) (a) [child of or over the age of majority] of the child support guidelines,

(b) section 9 [shared parenting time arrangements] of the child support guidelines if

(i) the increased costs of shared parenting under paragraph (b) of that section were not considered, or

(ii) the conditions, means, needs and other circumstances of a parent, guardian or child under paragraph (c) of that section were not considered,

(c) the process under the Interjurisdictional Support Orders Act if

(i) the order was made in British Columbia, Canada or another province or territory of Canada,

(ii) the parties reside in British Columbia, and

(iii) the order is otherwise eligible for recalculation by the child support service.

[am. B.C. Reg. 14/2022, s. 7.]

Repealed

19   Repealed. [B.C. Reg. 14/2022, s. 8.]

Child support service may decline recalculation

19.1   The child support service may decline to recalculate a child support amount if the child support service determines that it would be impracticable to recalculate the amount.

[en. B.C. Reg. 14/2022, s. 9.]

Deemed receipt

20   A notice or other record required to be given or delivered to a person under this Part or Division 3 of Part 7 of the Act is deemed to have been received by the person 5 days after the date on which it is sent or posted, as the case may be.

[am. B.C. Reg. 14/2022, s. 10.]

Correction to statement of recalculation

21   A payor or recipient may make a request under section 156 (2) (b) of the Act by telephone, fax or email.

[en. B.C. Reg. 23/2021, App. 1, s. 2.]

Application respecting early resolution registries

21.1   For the purposes of section 157 (1) of the Act, filing, by the party who disagrees with a recalculated amount or, if corrected under section 156, a corrected recalculated amount, of a notice to resolve in Form 1 of the Provincial Court Family Rules as required by rule 10 (a) constitutes an "application" with respect to a matter in a Provincial Court Registry that is identified in rule 6 of the Provincial Court Family Rules as an early resolution registry.

[en. B.C. Reg. 121/2022, Sch. 1, s. 2.]

Application respecting recalculated amount

22   (1) The period prescribed for the purposes of section 157 (3) (c) of the Act is the period of 60 days following the date on which the materials in support of the application under section 157 (1) of the Act were filed in the applicable court registry.

(2) For the purposes of section 157 (3) (c) of the Act, the following steps are prescribed:

(a) serving the respondent to the application with the materials filed in support of the application under section 157 (1) of the Act;

(b) if the respondent to the application cannot be located, submitting to the applicable court registry a written request to a search officer for information referred to in section 237 (1) of the Act;

(c) completing a parenting after separation program if required under the applicable Rules of Court or by a judge.

(3) In the case of a Provincial Court Registry that is identified in rule 6 of the Provincial Court Family Rules as an early resolution registry, the following steps are prescribed for the purposes of section 157 (3) (c) of the Act:

(a) providing a copy of the notice to resolve as required by rule 10 (b) of the Provincial Court Family Rules;

(b) participating in a needs assessment under rule 16 as required by rule 10 (c);

(c) completing a parenting education program under rule 17 as required by rule 10 (d).

[am. B.C. Reg. 121/2022, Sch. 1, s. 3.]

Withdrawal of agreement or order from child support service

22.1   (1) A party may request, in writing to the child support service, to withdraw an agreement or order from the child support service.

(2) The child support service must give the other parties notice of a request received by the child support service under subsection (1).

(3) The child support service must stop recalculating respecting an agreement or order if

(a) a party requests the withdrawal of the agreement or order and the other parties

(i) agree to the withdrawal, or

(ii) do not respond to the request for withdrawal within 30 days of receiving notice from the child support service,

(b) the withdrawal request is received by the child support service no later than 60 days before the annual child support recalculation date assigned by the child support service, and

(c) the withdrawal request is not respecting an order that requires the child support service to recalculate child support, unless the request is accompanied by an order that

(i) changes the mandatory nature of the recalculation, or

(ii) requires the withdrawal of the order from the child support service.

[en. B.C. Reg. 14/2022, s. 11.]

Form for appointment of testamentary or standby guardian

23   The form prescribed for the purposes of sections 53 (1) (b) and 55 (2) (a) of the Act is Form 2 of Appendix A.

Small property

24   (1) For the purposes of determining the value of property delivered to a child or guardian under section 178 of the Act, the value of the property is the value that the property had at the date of its receipt by the child or guardian.

(2) The amount prescribed for the purposes of section 178 (1) (b) and (4) of the Act is $10 000.

(3) The form prescribed for the purposes of section 178 (2) (b) of the Act is

(a) Form 3 of Appendix A of this regulation, if the property referred to in that section is delivered to a guardian, or

(b) Form 4 of Appendix A of this regulation, if the property referred to in that section is delivered to a child.

Person to whom searchable information may be disclosed

25   A police officer is a prescribed person for the purposes of section 240 (1) (g) of the Act.

Prescribed processes for section 198 of the Act

25.1   The early resolution requirements described in rule 10 (a), (c), (d) and (e) of the Provincial Court Family Rules are prescribed processes for the purposes of section 198 (5) (b) of the Act.

[en. B.C. Reg. 75/2019, s. 2; am. B.C. Reg. 23/2021, App. 5, s. 3.]

Fee for filing a notice of agreement in land title office

26   The prescribed fee for the purposes of section 99 (2) of the Act is $5.

Guardianship application consent

26.1   To request the child protection record check required for an application for guardianship under the Rules of Court, the applicant must complete and swear a Consent for Child Protection Record Check in Form 5 of Appendix A.

[en. B.C. Reg. 42/2013, s. 1 (a).]

Forms

27   The forms in Appendix A must be used if applicable, with variations as the circumstances require, and each of those forms must be completed by including the information required by that form in accordance with any instructions included on the form.