Point in Time - Law and Equity Act

This is part of an archived regulation consolidation that is current to August 26, 2014 and includes changes enacted and in force by that date.

"Point in Time" Regulation Content

Law and Equity Act

NOTICE TO MEDIATE (GENERAL) REGULATION

B.C. Reg. 4/2001

SECTION	EFFECTIVE DATE
NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to August 26, 2014)
Section 1	July 1, 2010
Section 3	July 1, 2010
	January 30, 2013
	February 28, 2013
Section 5	July 1, 2010
Section 6	July 1, 2010
Section 33	July 1, 2010
Section 34	July 1, 2010
Section 39	January 30, 2013
	February 28, 2013
Form 1	July 1, 2010

Section 1 definitions of "action" and "date of trial" BEFORE amended by BC Reg 159/2010 effective July 1, 2010.

"action" has the same meaning as in Rule 1 (8) of the Supreme Court Rules;

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

Section 1 definitions of "deliver" and "serve" were added by BC Reg 159/2010 effective July 1, 2010.

Section 3 BEFORE amended by BC Reg 159/2010 effective July 1, 2010.

Initiating mediation

3 Subject to section 4, any party to an action may initiate mediation in that action by delivering a Notice to Mediate in Form 1 to

(a) every other party to the action, and

(b) the Dispute Resolution Office in the Ministry of the Attorney General.

Section 3(b) BEFORE amended by BC Reg 27/2013 effective January 30, 2013.

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

Section 3 BEFORE re-enacted by BC Reg 77/2013 effective February 28, 2013.

Initiating mediation

3 Subject to section 4, any party to an action may initiate mediation in that action by

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

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

[am. B.C. Regs. 159/2010, s. 2; 27/2013, Sch. 2, s. 5.]

Section 5 BEFORE amended by BC Reg 159/2010 effective July 1, 2010.

When notice to mediate must be delivered

5 Unless the court orders otherwise, a Notice to Mediate may be delivered under section 3 no earlier than 60 days after the filing of the first statement of defence in the action and no later than 120 days before the date of trial.

Section 6 (a) and (b) BEFORE amended by BC Reg 159/2010 effective July 1, 2010.

(a) if there are 4 or fewer parties to the action, within 14 days after the Notice to Mediate has been delivered to all parties, or

(b) if there are 5 or more parties to the action, within 21 days after the Notice to Mediate has been delivered to all parties.

Section 33 (2) BEFORE amended by BC Reg 159/2010 effective July 1, 2010.

(2) Before making application under subsection (1), the participant bringing the application must deliver to each of the other participants

Section 34 (1) (e) BEFORE amended by BC Reg 159/2010 effective July 1, 2010.

(e) dismiss the action or strike out the statement of defence and grant judgment;

Section 39(b) BEFORE amended by BC Reg 27/2013 effective January 30, 2013.

(b) the Dispute Resolution Office in the Ministry of the Attorney General.

Section 39 BEFORE re-enacted by BC Reg 77/2013 effective February 28, 2013.

Certificate of Completed Mediation

39 When a mediation is concluded, the mediator must deliver a Certificate of Completed Mediation in Form 5 to

(a) each of the participants who requests one or to their lawyer, and

(b) the Dispute Resolution Office in the Ministry of Justice.

[am. B.C. Reg. 27/2013, Sch. 2, s. 5.]

Parts of Form 1 BEFORE amended by BC Reg 159/2010 effective July 1, 2010.

(a) if there are 4 or fewer parties to the action, within 14 days after delivery of this Notice, or

(b) if there are 5 or more parties to the action, within 21 days after delivery of this Notice.

Party delivering this Notice: