Section 3 BEFORE re-enacted by BC Reg 23/2021, effective February 1, 2021.
Prescribed information for section 11 of the Act
3 (1) In this section, "personal information" has the same meaning as in the Freedom of Information and Protection of Privacy Act.
(2) A family justice counsellor is not prohibited by section 11 (1) (a) of the Act from disclosing, in the following circumstances, the following information obtained in the course of providing assistance under section 10 (2) of the Act, and a person referred to in section 2 of this regulation is not prohibited by section 11 (1) (b) of the Act from disclosing, in the following circumstances, the following information obtained from, or in the course of assisting, a family justice counsellor:
(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 his or her 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;
(e) personal information if that information has been in existence for at least 100 years;
(f) information, other than personal information, if that information has been in existence for at least 50 years;
(g) information to be used for research purposes if that information is disclosed in accordance with section 33.1 (1) (s) of the Freedom of Information and Protection of Privacy Act.
(3) Without limiting subsection (2) of this section, a family justice counsellor is not prohibited by section 11 (1) (a) of the Act from disclosing information obtained in the course of providing assistance under section 10 (2) of the Act, and a person referred to in section 2 of this regulation is not prohibited by section 11 (1) (b) of the Act from disclosing information obtained from, or in the course of assisting, a family justice counsellor if any of the following apply:
(a) the information is disclosed to a service provider or agency in conjunction with a referral of a person to that service provider or agency and the person being referred has consented to the referral and disclosure;
(b) the information is disclosed to comply with requirements under the applicable Rules of Court or the Child, Family and Community Service Act;
(c) an agreement respecting the division of property under Part 5 of the Act or respecting the payment of spousal support under Part 7 of the Act was negotiated with the assistance of a family justice counsellor under section 10 (2) of the Act, an application is made to the court to set aside that agreement and the information is disclosed to provide evidence for the purposes of that application;
(d) the information is disclosed to protect a person or property if the person making the disclosure reasonably believes that there is a risk of imminent and serious harm;
(e) the information is disclosed in relation to a civil or administrative proceeding to which the family justice counsellor is a party.
(4) A family justice counsellor is not prohibited by section 11 (1) (a) of the Act from disclosing the following information to the court if the information is obtained in the course of assisting parties to meet the requirements described in section 5 [early resolution requirements] of Appendix B [Early Resolution and Case Management Model] 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.
(5) For the purposes of subsection (4), the words and expressions used in that subsection have the same meanings as they have in Appendix B [Early Resolution and Case Management Model] of the Provincial Court (Family) Rules.
[am. B.C. Reg. 84/2019.]
Section 3.3 (1) (d) BEFORE amended by BC Reg 297/2021, effective November 26, 2021.
(d) for research purposes, if the confidential information is disclosed in accordance with section 33.1 (1) (s) of the Freedom of Information and Protection of Privacy Act.
Section 3.4 (1) BEFORE repealed by BC Reg 23/2021, effective May 17, 2021.
(1) In this section, "Appendix B" means Appendix B [Early Resolution and Case Management Model] of the Provincial Court (Family) Rules.
Section 3.4 (2) (part) and (3) BEFORE amended by BC Reg 23/2021, effective May 17, 2021.
(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 section 5 [early resolution requirements] of Appendix B:
(3) For the purposes of subsection (2), the words and expressions used in that subsection have the same meanings as they have in Appendix B.
Section 4 (2) (part) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(2) A mediator is qualified as a family dispute resolution professional if he or she is
Section 4 (2) (d) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(d) an individual to whom all of the following apply:
(i) he or she has at least 2 years experience in family-related practice, including in law, psychology, social work, clinical counselling, teaching or nursing;
(ii) he or she 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) he or she 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) he or she 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 he or she 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) he or she maintains professional liability insurance that provides coverage for his or her practice of mediation.
Section 4 (3) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(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, he or she must enter into a written agreement to mediate with the parties to the family law dispute;
(b) before initiating mediation, he or she must provide written confirmation to the parties to the family law dispute that he or she meets the professional requirements set out in subsection (2).
Section 5 (2) (a) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(a) he or she 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
Section 5 (2) (b) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(b) subject to subsection (3), he or she is an individual to whom all of the following apply:
(i) he or she is a member in good standing of the College of Psychologists of British Columbia or the British Columbia College of Social Workers;
(ii) he or she has at least 10 years experience in family-related practice;
(iii) he or she 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
(iv) he or she 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) he or she 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 he or she 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) he or she maintains professional liability insurance that provides coverage for his or her practice of arbitration.
Section 5 (4) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(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, he or she must enter into a written agreement to arbitrate with the parties to the family law dispute;
(b) before initiating arbitration, he or she must provide written confirmation to the parties to the family law dispute that he or she meets the professional requirements set out in subsection (2).
Section 5 (2) (b) (i) BEFORE amended by BC Reg 132/2024, effective June 28, 2024.
(i) the individual is a member in good standing of the College of Psychologists of British Columbia or the British Columbia College of Social Workers;
Section 6 (5) BEFORE repealed by BC Reg 347/2012, effective January 1, 2014.
(5) Without limiting any other provision of this section, a person may act as a parenting coordinator if, on March 18, 2013, he or she was acting in the capacity of a parenting coordinator under a parenting coordination agreement or order.
Section 6 (1) (a) (part), (b) and (c) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(a) he or she is a member in good standing of
(b) one of the following applies:
(i) he or she 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) he or she is not a member of the Law Society of British Columbia and all of the following apply:
(A) he or she meets the training requirements of, and is eligible for membership in, the Mediate BC Family Roster or Family Mediation Canada;
(B) he or she has at least 10 years experience in family-related practice;
(C) he or she 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) he or she 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) he or she 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 he or she 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) he or she maintains professional liability insurance that provides coverage for his or her practice as a parenting coordinator.
Section 6 (2) BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
(2) The following practice standards apply to a parenting coordinator:
(a) before assisting the parties to a family law dispute in his or her capacity as a parenting coordinator, he or she 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 his or her capacity as a parenting coordinator, he or she must provide written confirmation to the parties to the family law dispute that he or she meets the professional requirements set out in subsection (1).
Section 8 BEFORE amended by BC Reg 23/2021, effective March 1, 2021.
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), 21 (5), 26 and 27 of those guidelines, are adopted and established as child support guidelines in accordance with this Part.
Section 9 (2) (a), (c) to (h), (j) and (k) BEFORE amended by BC Reg 23/2021, effective March 1, 2021.
(a) in section 2 (4) (a) of the Federal guidelines to "interim orders under subsections 15.1(2) and 19(9) 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,
(c) in section 2 (4) (c) of the Federal guidelines to "orders referred to in subsection 19(7) 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 that confirm provisional orders made in a jurisdiction outside of British Columbia",
(d) in section 2 (4) (d) and (5) of the Federal guidelines to "recalculations under paragraph 25.1(1)(b) 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 a 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) (i) and (b) of the Federal guidelines to "section 25.1 of the Act" is to be read as a reference to "Division 3 of Part 7 of the Family Law Act",
(g) in section 7 (1) (a) of the Federal guidelines to "custodial parent" is to be read as a reference to "guardian",
(h) in section 8 of the Federal guidelines to "Where each spouse has custody of one or more children" is to be read as a reference to "Where there are 2 or more children and each guardian has the majority of parenting time with one or more of those children",
(j) in section 9 (b) of the Federal guidelines to "shared custody arrangements" is to be read as a reference to "the parenting arrangements",
(k) in section 10 (2) (b) of the Federal guidelines to "access to a child" is to be read as a reference to "parenting time, or contact, with a child",
Section 9 (2) (d.1) and (f.1) were added by BC Reg 23/2021, effective March 1, 2021.
Section 9 (2) (i) BEFORE repealed by BC Reg 23/2021, effective March 1, 2021.
(i) in section 9 of the Federal guidelines to "exercises a right of access to, or has physical custody of" is to be read as a reference to "exercises parenting time with",
Section 11 definition of "registry" BEFORE amended by BC Reg 14/2022, effective March 1, 2022.
"registry" means a court registry prescribed under section 13.
Section 13 (1.1) was added by BC Reg 14/2022, effective March 1, 2022.
Section 13 (3) BEFORE amended by BC Reg 14/2022, effective March 1, 2022.
(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 a 10% increase to the income of that person that had been used to determine the current child support.
Section 13 (1.1) BEFORE amended by BC Reg 42/2024, effective March 6, 2024.
(1.1) A request under section 13 (1) may be made by 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.
Section 14 (1.1) and (1.2) were added by BC Reg 14/2022, effective March 1, 2022.
Section 14 (3) BEFORE amended by BC Reg 14/2022, effective March 1, 2022.
(3) If a party does not provide notification of the change in contact information required under subsection (2) within the period required by subsection (2), the child support service may recalculate the amount of child support without any further notice to the party.
Section 14 (1.1) BEFORE amended by BC Reg 42/2024, effective March 6, 2024.
(1.1) A request under section 14 (1) may be made by posting the request to the party on the website operated and maintained by the child support service if the party has set up access to that website.
Section 17 (2) BEFORE amended by BC Reg 14/2022, effective March 1, 2022.
(2) Notification under subsection (1) of this section may be sent by regular mail to the last known address of the party in the records of the child support service.
Section 17 (2) BEFORE amended by BC Reg 42/2024, effective March 6, 2024.
(2) Notification under subsection (1) of this section may be sent by regular mail to the last known address of the party in the records of the child support service or posted to the website operated and maintained by the child support service if the party has set up access to that website.
Section 18 was renumbered as 18 (1) by BC Reg 14/2022, effective March 1, 2022.
Section 18 (1) (a.1) and (2) were added by BC Reg 14/2022, effective March 1, 2022.
Section 19 BEFORE repealed by BC Reg 14/2022, effective March 1, 2022.
Requirements for recalculation under child support agreements
19 In order for the child support service to recalculate child support established under an agreement respecting child support, the agreement must include the following provisions:
(a) agreement by the parties that the child support service may recalculate the child support amount annually, based on the parties' income information provided under Division 3 of Part 7 of the Act;
(b) agreement that the parties will notify the child support service, in writing, of a change in address, email address, phone number or fax number, no later than 30 days after the change;
(c) acknowledgement by the parties that
(i) each party is required to provide income information to the child support service no later than 30 days after the date the party is deemed, under section 20 of this regulation, to have received a written request for the information from the child support service, and
(ii) if they fail to provide the income information within the required time period, the child support service may recalculate and increase the child support amount, in accordance with the Act and the regulations.
Section 21 BEFORE re-enacted by BC Reg 23/2021, effective February 1, 2021.
Correction to statement of recalculation
21 (1) The child support service may make a correction to a statement of recalculation under section 156 (2) (a) of the Act if it does so within 30 days after the date of the statement of recalculation.
(2) A party may make a request under section 156 (2) (b) of the Act no later than 5 days after the date on which the party is deemed, under section 20 of this regulation, to have received a statement of recalculation from the child support service.
(3) A request under subsection (2) of this section may be made by telephone, fax or email.
Appendix A, Form 1 Ministry title BEFORE amended by BC Reg 99/2018, effective May 18, 2018.
Form 1 (Family Law Act Regulation, section 15)
| Ministry of Justice | Child Support Recalculation Service |
RELEASE OF INFORMATION (Canada Revenue Agency) |
Appendix A, Form 1 text under "Section 3" BEFORE amended by BC Reg 23/2021, effective May 17, 2021.
The Family Law Act, the Family Law Act Regulation, the Supreme Court Family Rules and the Provincial Court (Family) Rules require the release of income tax information for
The information will be used only for a purpose noted above. I understand that the information may become part of the court file and, as permitted by the Family Law Act and the Supreme Court Family Rules and the Provincial Court (Family) Rules, may be accessed by the parties, lawyers, family justice counsellors or persons authorized by a judge.
Appendix A, Form 1 BEFORE repealed by BC Reg 14/2022, effective March 1, 2022.
Form 1 (Family Law Act Regulation, section 15)
[am. B.C. Regs. 99/2018, Sch. 2, s. 8; 23/2021, App. 5, s. 4.]
| Ministry of Attorney General | Child Support Recalculation Service | RELEASE OF INFORMATION (Canada Revenue Agency) |
The personal information requested on this form is collected under the authority of the Family Law Act and the Family Law Act Regulation. The information will be used for the purpose of administering the Child Support Recalculation Service. Your Social Insurance Number is collected to ensure the accurate identification of your tax record held by the Canada Revenue Agency. The collection, use and disclosure of personal information are subject to the provisions of the Freedom of Information and Protection of Privacy Act. Any questions about this information should be directed to the Child Support Recalculation Service.
Court File No. ..........
Location of Court ..........
Level of Court ..........
CSRS File No. ..........
My Current Contact Information:
Full Legal Name: .........................................................................................................................
Address: .......................................................................................................................................
City/Municipality/Town: ................................................ Postal Code: ......................................
Telephone Number: ........................................................
Email Address: ...............................................................
Fax Number: ...................................................................
TO THE CANADA REVENUE AGENCY:
My name is: .............................................................................................................[full legal name]
My address as shown on the latest tax record is: ...........................................................................
My social insurance number is: .....................................
I consent to the release of income and expense information about me by the Canada Revenue Agency to the Child Support Recalculation Service, to be used, disclosed or made available only for the purposes and to the persons or in the manner set out below. The information will be taken from the Canada Revenue Agency assessment of the most recent income tax return filed by me or on my behalf. It is understood that when the information is no longer needed, it will be disposed of in accordance with the requirements of the Document Disposal Act.
The Family Law Act, the Family Law Act Regulation, the Supreme Court Family Rules and the Provincial Court Family Rules require the release of income tax information for
• recalculation of child support,
• application to vary support, or
• any other purpose ordered by the court.
The information will be used only for a purpose noted above. I understand that the information may become part of the court file and, as permitted by the Family Law Act and the Supreme Court Family Rules and the Provincial Court Family Rules, may be accessed by the parties, lawyers, family justice counsellors or persons authorized by a judge.
| Date: ........................ [mmm/dd/yyyy] | ....................................................................... Signature of person releasing information |
Appendix A, Form 3, text under "Important Information" BEFORE amended by BC Reg 64/2021, effective March 11, 2021.
Money or other property held by the guardian belongs to the child. The guardian holds and protects it and cannot personally benefit from it. The guardian cannot borrow any of the money or other property and lend it to anyone else. The guardian cannot give it to anybody else to hold as a trustee other than to the person replacing him or her as guardian.
The guardian is accountable for his or her management of the money or other property and must keep a record of all transactions, including all financial statements detailing income earned by the money or other property and a record of all money spent.
Appendix A, Form 3 (part) BEFORE amended by BC Reg 121/2022, effective May 24, 2022.
GUARDIAN'S ACKNOWLEDGMENT — CHILDREN'S PROPERTY
Appendix A, Form 4 (parts) BEFORE amended by BC Reg 121/2022, effective May 24, 2022.
CHILD'S ACKNOWLEDGMENT — CHILDREN'S PROPERTY
This acknowledgment was signed in the presence of
Appendix A, Form 5, text under "Section 3" BEFORE amended by BC Reg 23/2021, effective May 17, 2021.
Section 51 (2) of the FLA requires an applicant to provide evidence to the court, in accordance with the Supreme Court Family Rules or the Provincial Court (Family) Rules, respecting the best interests of the child. An applicant must submit a CPRC to the court to assist the court in determining the best interests of the child.