Rules of Court

1   (1) The Lieutenant Governor in Council may, by regulation, make rules that the Lieutenant Governor in Council considers necessary or advisable governing the conduct of proceedings in the Court of Appeal, the Supreme Court and the Provincial Court.

(2) Without limiting subsection (1), the rules may govern one or more of the following:

(a) practice and procedure in each of those courts;

(b) the means by which particular facts may be proved and the mode by which evidence may be given;

(b.1) appearances and applications by telephone or other means of telecommunication before each of those courts;

(b.2) records in each of those courts, including the use of records in electronic or any other format;

(c) costs and their review;

(d) the establishment and collection of fees for services and duties provided by the government or employees of the government or by other persons;

(e) the establishment and payment of fees and allowances payable to witnesses, including witnesses for the Crown, jurors and other persons for services performed or attendances made in any of the courts in British Columbia;

(f) all matters arising under the Adult Guardianship Act, Part 1 of the Infants Act, the Land Title Inquiry Act, the Patients Property Act, Parts 2 and 3 of the Power of Attorney Act, and the Wills, Estates and Succession Act;

(g) all matters arising under the Enforcement of Canadian Judgments and Decrees Act, including cancellation of the registration of a judgment;

(h) all matters arising under the Civil Forfeiture Act;

(i) all matters arising, in relation to court process, as a result of the Civil Resolution Tribunal Act or any regulation or rule under that Act, including providing that a decision of the civil resolution tribunal be treated like an offer to settle for penalty purposes.

(3) In addition, the rules may make provision for the service of documents that start a proceeding, documents that add a new party to a proceeding and other documents out of British Columbia.

(4) Rules under subsection (3) may be different for the service of documents that start a proceeding, documents that add a new party to a proceeding and other documents

(a) within Canada, or

(b) outside of Canada.

(5) In addition, in relation to the Court of Appeal, the rules may

(a) govern the introduction of evidence in the court, and

(b) vary the application of all or part of the Court of Appeal Act in respect of cross appeals.

(6) In addition, in relation to the Supreme Court, the rules may govern all matters governed by the Rules of Court as they stood on June 30, 2010.

(6.1) In addition, in relation to the Provincial Court, the rules may make provision for an application, other than a claim under the Small Claims Act, arising under an enactment that gives the Provincial Court jurisdiction to determine the application.

(7) In addition, in relation to the Provincial Court, the rules may make provision for the enforcement, by any means, of judgments given and summonses issued under the Small Claims Act including rules

(a) authorizing

(i) the examination of a judgment debtor or a representative of the judgment debtor to determine the ability of the debtor to pay a judgment,

(ii) the court, after an examination referred to in subparagraph (i), to make orders permitting the judgment to be paid by instalments or within a time specified by the court, and

(iii) committal, for a maximum period that the rules may specify, for the failure of a judgment debtor to comply with an order referred to in subparagraph (ii),

(b) respecting seizure and sale of the judgment debtor's goods, and

(c) respecting garnishment before and after judgment.

(8) In addition, in relation to the Provincial Court and the Supreme Court, the rules may

(a) permit or require, or provide to the court or to the parties to a proceeding the ability to permit or require, mediation to be included as part of a proceeding, whether or not the mediation is provided by or in the court, and

(b) govern the conduct of, and all procedures relating to, the mediation.

Economical litigation

2   (1) The Lieutenant Governor in Council may make rules under section 1 (1), (2) and (5) for the expeditious and efficient conduct of proceedings if the amount claimed is $100 000 or less, exclusive of interest, or of interest under the Court Order Interest Act.

(2) Rules referred to in subsection (1) may provide for different practice and procedure, and for different practice and procedure for different classes of proceedings, with respect to

(a) form and commencement of proceedings,

(b) interlocutory matters, and

(c) any other matter with respect to which rules may be made under section 1 (1), (2) or (6).

Rules for money in court

3   (1) The Lieutenant Governor in Council may make rules for one or more of the following:

(a) keeping of accounts for money in court, their form and the particulars to be included in them;

(b) procedure and forms for payment into and out of court;

(c) facilitating the court business and practice for the custody, care and disposal of money in court or belonging to suitors;

(d) management, control and disposal of money in court and interest on it;

(e) investment of money in court in investments permitted for a trust fund under section 40 (4) of the Financial Administration Act and crediting of earnings from the investments to the money in court;

(f) respecting the security to be provided by a personal representative, other than a small estate declarant, for the administration of an estate.

(2) If there is a conflict between the Financial Administration Act or a directive made under that Act and a rule made under subsection (1), that Act or the directive prevails.

Rules for disclosure in family matters

4   Without limiting section 1, the Lieutenant Governor in Council may make rules for the disclosure of information in proceedings under the Family Law Act, including rules requiring a corporation or partnership in which a party to the proceeding has a legal or beneficial interest to disclose financial statements or other information.

Regulations of official reporters

5   After consultation with the Chief Justice of the Supreme Court, the Attorney General may make regulations as follows:

(a) respecting qualifications of official reporters or any class of official reporters;

(b) prescribing the functions and duties of official reporters or any class of official reporters;

(c) prescribing fees that are payable to official reporters or any class of official reporters by persons, including the Crown, in respect of transcripts and copies of transcripts of proceedings in all the courts in British Columbia, examinations for discovery and other services requested by those persons;

(d) respecting the form, content and delivery of transcripts.

Consultation and recommendations

6   The Lieutenant Governor in Council must not make a rule under sections 1 to 4 unless the Lieutenant Governor in Council has received the recommendation of the Attorney General after the Attorney General has consulted with the following:

(a) the Chief Justice of British Columbia, in relation to rules governing the Court of Appeal;

(b) the Chief Justice of the Supreme Court, in relation to rules governing the Supreme Court;

(c) the Chief Judge of the Provincial Court, in relation to rules governing the Provincial Court.