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Volume 64, No. 10
126/2021
The British Columbia Gazette, Part II
May 18, 2021

B.C. Reg. 126/2021, deposited May 14, 2021, under the COURT RULES ACT [section 1]. Order in Council 286/2021, approved and ordered May 14, 2021.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that the Provincial Court Family Rules, B.C. Reg. 120/2020, are amended

(a) as set out in the attached Schedule 1, and

(b) by repealing Forms 4, 6, 20, 21, 40 and 41 and substituting the Forms 4, 6, 20, 21, 40 and 41 set out in the attached Schedule 2.

— D. EBY, Attorney General and Minister Responsible for Housing; J. WHITESIDE, Presiding Member of the Executive Council.

Schedule 1

1 Rule 2 of the Provincial Court Family Rules, B.C. Reg. 120/2020, is amended by adding the following subrule:

(3) For certainty, "child support guidelines" has the same meaning as in the Family Law Act and includes the Federal Child Support Guidelines established under section 26.1 of the Divorce Act (Canada), as set out in Part 4 [Child Support Guidelines] of the Family Law Act Regulation.

2 Rule 12 is amended

(a) in paragraph (a) by striking out "child" before "support" in both places, and

(b) in paragraph (c) by adding "or Part 10 [Enforcement]" after "Part 5 [Applying for Other Orders]" and by adding the following subparagraph:

(vi) an enforcement order.

3 Rule 25 (1) (b) is repealed and the following substituted:

(b) for an order about child support, if the party is required under the child support guidelines to provide income information, a financial statement in Form 4 [Financial Statement], and any applicable information and documents described in Form 4 as required under the child support guidelines; .

4 Rule 26 (1) is amended

(a) in paragraph (a) by adding "child protection" before "record check", and

(b) in paragraph (b) by striking out "child" in both places.

5 Rule 65 (1) is amended by striking out "rules 62 (g) to (j)" and substituting "rules 62 (g) to (k)".

6 Rule 81 is amended by striking out "without attendance at court".

7 Rule 90 (1) (c) is amended by adding "or Part 10 [Enforcement]" after "Part 5 [Applying for Other Orders]".

8 Rule 94 is amended

(a) by repealing subrule (1) and substituting the following:

(1) Each party must complete a parenting education program unless a local manager of the Family Justice Services Division of the Ministry of Attorney General, or a designate of the local manager, exempts that party because

(a) the party cannot access an online version,

(b) the parenting education program is not offered in a language in which the party is fluent,

(c) the party cannot complete an online version due to literacy challenges,

(d) the party cannot complete the parenting education program due to a serious medical condition, or

(e) a consent order is filed that resolves all issues involving children. , and

(b) in subrule (3) by striking out "the party has already completed the parenting education program in the 2 years before the date of the family management conference." and by adding the following paragraphs:

(a) the party has already completed the parenting education program in the 2 years before the date of the family management conference,

(b) the family law matter is related only to spousal support, or

(c) every child involved in the family law matter has reached 19 years of age.

9 Rule 100 is amended

(a) by repealing subrule (1) and substituting the following:

(1) Before attending a family management conference about an application about a family law matter, each party must complete a parenting education program unless a local manager of the Family Justice Services Division of the Ministry of Attorney General, or a designate of the local manager, exempts that party because

(a) the party cannot access an online version,

(b) the parenting education program is not offered in a language in which the party is fluent,

(c) the party cannot complete an online version due to literacy challenges,

(d) the party cannot complete the parenting education program due to a serious medical condition, or

(e) a consent order is filed that resolves all issues involving children. , and

(b) in subrule (3) by striking out "or" at the end of paragraph (a) and by adding the following paragraphs:

(c) the family law matter is related only to spousal support, or

(d) every child involved in the family law matter has reached 19 years of age.

10 Rule 110 (b) is repealed and the following substituted:

(b) as ordered by the court.

11 Rule 113 is repealed and the following substituted:

Trial judge and trial preparation conference

113 The judge who conducts the trial preparation conference is to conduct the trial, if possible.

12 Rule 156 is amended by adding ", unless otherwise directed by the court" after "Form 39 [Request for Scheduling]".

13 The following rule is added:

Judge may require notice about consensual dispute resolution

158.1 If a judge has ordered or directed that a party participate in consensual dispute resolution with a family justice counsellor under rule 56 [directions or orders to attend] or rule 108 (2) (e) (i) [what happens at family settlement conference], the judge may require the parties to obtain written notice from the family justice counsellor indicating the following:

(a) if it was determined that consensual dispute resolution was completed and, if so, the date of completion;

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

(c) the kinds of family law matters that were addressed during consensual dispute resolution;

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

Schedule 2

FORM 4

FORM 6

Form 20

Form 20

Form 21

Form 21

Form 40

Form 40

Form 41

Form 41


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