Introduction

    The purpose of these rules is to promote the safety and well-being of children by allowing court decisions to be obtained fairly and efficiently, in matters arising under the Child, Family and Community Service Act.

Definitions

  In these rules:

"Act" means the Child, Family and Community Service Act;

"applicant", in relation to an order respecting Indigenous law, has the same meaning as in section 33.04 (1), 48.3 (1) or 50.03 (1) of the Act, as applicable;

"business day" means a Monday, Tuesday, Wednesday, Thursday or Friday that is not a holiday;

"clerk" means a member of the registry staff;

"court" means the Provincial Court except where the Act or these rules provide otherwise;

"Indigenous law order application" means an application for an order respecting Indigenous law;

"lawyer of record", in relation to a party, means a lawyer who has provided notification or advised the court in accordance with Rule 8 (20);

"method of attendance", in relation to a case conference, mini-hearing and hearing, includes

(a) attending in person, and

(b) attending by telephone, video conference or other means of electronic communication;

"order respecting Indigenous law" means an order made under section 33.04 (8), 48.3 (8) or 50.03 (8) of the Act;

"party", with respect to a proceeding under the Act, means a person who, under the Act, is a party to that proceeding;

"registry" means a registry of the court;

"significant change order" means an order made under section 48.5 (5) or 50.05 (5) of the Act;

"significant change order application" means an application for a significant change order.

[en. B.C. Reg. 216/2022, s. 1; am. B.C. Reg. 276/2023, s. 1.]

Interpretation

  In these Rules,

(a) words and expressions that are not defined in these Rules have the meaning given to them in the Act, unless the context indicates otherwise, and

(b) for certainty, the following words or expressions have the same meaning as in the Act:

(i) designated representative;

(ii) Indigenous authority;

(iii) Indigenous child;

(iv) Indigenous governing body;

(v) Indigenous law.

[en. B.C. Reg. 276/2023, s. 2.]

Application

  In these Rules,

(a) Rule 1 applies to applications that may be made under the Act other than the applications made under Rule 1.1,

(b) Rule 1.1 applies to Indigenous law order applications, significant change order applications and related applications set out in Rule 1.1, and

(c) Rules 2 to 9 apply to all applications.

[en. B.C. Reg. 276/2023, s. 2.]

Initiating a presentation hearing

(1) To initiate a presentation hearing, a director must complete and file with the court a Presentation Form (Form 1).

Repealed

(1.1) Repealed. [B.C. Reg. 351/2005, s. 2 (a).]

Applications for other orders

(2) To apply for an order, other than an order made at a presentation hearing, a person must complete and file with the court an Application for an Order (Form 2) or an Application to Change Method of Attendance (Form 10.5), as applicable, unless a judge permits otherwise.

[am. B.C. Regs. 173/98, s. 1; 75/2000, s. 2; 351/2005, s. 2 (b); 216/2022, s. 2 (a).]

Applications to change or cancel an order

(3) To apply for an order changing or cancelling another order, a person must complete and file with the court an Application to Change or Cancel an Order (Form 3), unless a judge permits otherwise.

Application may be made orally

(4) At a hearing or a case conference, a judge may permit an application to be made orally in court, without the filing of a form.

Where a presentation hearing must be initiated

(5) A Presentation Form must be filed

(a) in the registry closest to the child's habitual residence, or

(b) in the registry closest to where the child was removed or taken into care

unless a judge permits otherwise.

Where an application must be filed

(6) An application in Form 2, Form 3 or Form 10.5 must be filed

(a) in the registry where the file is located, unless Rule 8 (12) or (13) applies, or

(b) if there is no file, then as required by subrule (5), as if the application were a Presentation Form.

[am. B.C. Regs. 75/2000, s. 3; 351/2005, s. 2 (c); 216/2022, s. 2 (b).]

Conduct of hearings

(7) A judge may conduct a hearing or part of a hearing with one or more persons attending by telephone, video conference or other means of electronic communication.

[en. B.C. Reg. 216/2022, s. 2 (c).]

Some applications may be granted without a hearing

(8) A judge may make the following orders without a hearing:

(a) an order under Rule 6 (10), permitting the use of another service method;

(b) an order under Rule 8 (2), shortening or extending a time period;

(b.1) an order under Rule 9 (4), changing the method of attendance unless the order is in relation to a hearing at which sworn oral evidence is given;

(c) a consent order or an order dispensing with consent, under section 60 of the Act;

(d) an order under section 69 of the Act, shortening or extending the time for serving notice or dispensing with notice.

[am. B.C. Reg. 216/2022, s. 2 (d).]

How to apply for an order without a hearing

(9) To apply for an order to be made under subrule (8) (a), (b), (c) or (d), a person must file

(a) an affidavit setting out the facts on which the application is based, and

(b) the application form. (See Rule 1 (2) and (3))

[am. B.C. Regs. 75/2000, s. 4; 351/2005, s. 2 (d); 216/2022, s. 2 (e).]

How to apply for an order for changing method of attendance without a hearing

(10) To apply for an order under subrule (8) (b.1), a person must file the application form (Form 10.5). (See Rule 9 (5))

[en. B.C. Reg. 216/2022, s. 2 (f).]

Repealed

(11) Repealed. [B.C. Reg. 276/2023, s. 4.]

Initiating hearings

(1) An applicant must complete and file with the court the following forms, in respect of the relevant applications:

(a) an Application for an Order Respecting Indigenous Law (Form 3.1), to apply for the following:

(i) an order respecting Indigenous law under section 33.04 (2), 48.3 (2) or 50.03 (2) of the Act;

(ii) an extension of a time period under section 33.04 (4), 48.3 (4) or 50.03 (4) of the Act;

(b) in the case of an Indigenous authority that is an applicant and wishes to make a significant change order application, an Application Due to a Significant Change Order (Form 3.2);

(c) in the case of an application to change the method of attendance, an Application to Change Method of Attendance (Form 10.5), unless a judge permits otherwise;

(d) in any other case, an Application for an Order (Form 2), unless a judge permits otherwise.

[en. B.C. Reg. 276/2023, s. 5.]

Service requirement for applications respecting extensions of time periods

(2) An application described in subrule (1) (a) (ii) of this Rule must be served as follows:

(a) on the director at least 4 days before the date set for the hearing;

(b) on an Indigenous authority, by the director, at least 2 days before the date set for the hearing.

[en. B.C. Reg. 276/2023, s. 5.]

Applications under this Rule may be made orally

(3) At a hearing or a case conference arising from an application under this Rule, a judge may permit an application to be made orally in court, without the filing of a form.

[en. B.C. Reg. 276/2023, s. 5.]

Where a hearing under this Rule must be initiated

(4) Unless a judge permits otherwise, an application described in subrule (1) (a) or (b) of this Rule must be filed in the following registry:

(a) in the registry where the file in respect of the relevant child is located, unless Rule 8 (12) or (13) applies;

(b) if there is no file, in the registry closest to the child's habitual residence.

[en. B.C. Reg. 276/2023, s. 5.]

Conduct of hearings under this Rule

(5) A judge may conduct a hearing or part of a hearing under this Rule with one or more persons attending by telephone, video conference or other means of electronic communication.

[en. B.C. Reg. 276/2023, s. 5.]

Applications under this Rule may be granted without a hearing

(6) A judge may make the following orders without a hearing:

(a) an order under Rule 6 (10), permitting the use of another service method;

(b) an order under Rule 8 (2), shortening or extending a time period;

(c) an order under Rule 9 (4), changing the method of attendance unless the order is in relation to a hearing at which sworn oral evidence is given;

(d) a consent order or an order dispensing with consent, under section 60 of the Act;

(e) an order under section 69 of the Act, shortening or extending the time for serving notice or dispensing with notice.

[en. B.C. Reg. 276/2023, s. 5; am. B.C. Reg. 103/2024.]

How to apply for an order without a hearing under this Rule

(7) To apply for an order to be made under subrule (6) (a), (b), (d) or (e) of this Rule, a person must file

(a) an affidavit setting out the facts on which the application is based, and

(b) an Application for an Order (Form 2).

[en. B.C. Reg. 276/2023, s. 5.]

How to apply for an order for changing method of attendance without a hearing under this Rule

(8) To apply for an order under subrule (6) (c), a person must file the application form (Form 10.5). (See Rule 9 (5))

[en. B.C. Reg. 276/2023, s. 5.]

Mini-hearings

(9) Despite Rule 2, a judge may not direct an application under subrule (1) (a) or (b) of this Rule to a mini-hearing.

[en. B.C. Reg. 276/2023, s. 5.]

Repealed

(1) Repealed. [B.C. Reg. 216/2022, s. 3 (a).]

Case conference may be directed

(2) A judge may at any time direct the parties and their lawyers to attend a case conference

(a) if a party requests it, or

(b) if the judge considers that it may promote a fair and efficient resolution of the issues.

[am. B.C. Reg. 216/2022, s. 3 (b).]

Disclosure must be reviewed

(3) When a case conference is directed, the judge must review the extent of disclosure made and requested under section 64 of the Act and may make any order for disclosure consistent with the Act.

[am. B.C. Reg. 216/2022, s. 3 (c).]

Case conference notice

(4) When a case conference is directed, the director must notify the other parties of the date, time and place of the conference, unless the conference was directed when the parties or their lawyers of record were present.

[am. B.C. Reg. 216/2022, s. 3 (d).]

What happens at a case conference

(5) At a case conference, a judge may do one or more of the following:

(a) facilitate the resolution of any issues in dispute;

(b) mediate any issues in dispute, other than the issue of whether the child needs protection;

(c) with the consent of the parties, refer any issue, other than the issue of whether a child needs protection, to mediation or other alternative dispute resolution mechanism under section 22 of the Act;

(d) decide any issues that do not require evidence or that can be decided on the basis of facts agreed to by the parties;

(e) make any order in the terms the parties agree to, subject to section 60 of the Act;

(f) review the adequacy of disclosure by the parties, including responses to requests for disclosure under section 64 of the Act;

(g) order that a party provide to another party, within a set time, a summary of the intended evidence of a potential witness;

(h) order a party to allow another party to inspect and copy specific documents or records to the extent permitted by the Act;

(i) order that those applications that cannot be made at the case conference be brought within a set time;

(j) order that a statement of agreed facts be filed within a set time;

(k) give directions about any evidence that will be required, how it will be received and the procedure that will be followed, if a hearing is necessary or a mini-hearing is directed;

(l) order a party to produce anything as evidence at a hearing;

(m) direct that any further case conference be held before the same judge;

(n) with the consent of the parties, direct the parties to attend a mini-hearing if

(i) the matter can be resolved on the basis of limited evidence and submissions, and

(ii) a mini-hearing can be held earlier than the matter could be set for a full hearing;

(o) without hearing witnesses, give a non-binding opinion on the probable outcome of a hearing;

(p) set a date for a hearing or mini-hearing;

(p.1) make an order about the method of attendance of a person at a further case conference;

(q) make any other order or give any direction for the fair and efficient resolution of the issues.

[am. B.C. Regs. 75/2000, s. 5; 216/2022, s. 3 (e).]

Mini-hearing notice

(6) If a judge directs the parties to attend a mini-hearing, the court must notify them of the date, time and place, unless the date was set when the parties or their lawyers of record were present.

[am. B.C. Reg. 216/2022, s. 3 (f).]

What happens at a mini-hearing

(7) At a mini-hearing, the parties will attend before a judge who may

(a) hear submissions and evidence as directed at the case conference, and

(b) make any order that could be made after a full hearing.

Privacy at case conferences

(8) The following persons may attend case conferences:

(a) the parties and their lawyers;

(b) any other person the judge allows.

Direction where case conference to be conducted

(9) The chief judge may direct that case conferences set at one place be conducted at another place.

[en. B.C. Reg. 216/2022, s. 3 (g).]

How to subpoena a witness

(1) To require a witness to attend court, a party must

(a) complete a subpoena (Form 4), and

(b) serve a copy of the subpoena on the witness personally at least 7 days before the date the witness is required to appear. (See Rule 8 (2))

[am. B.C. Reg. 216/2022, s. 4.]

Travelling expenses

(2) At the time the subpoena is served, the party subpoenaing the witness must offer the witness

(a) reasonable estimated travelling expenses for a subpoena to appear in person, or

(b) for a subpoena to appear by another method of attendance, the reasonable estimated cost of the telephone call, video conference or other method of attendance.

[am. B.C. Reg. 216/2022, s. 5.]

How to change a witness's method of attendance

(2.1) A witness may apply to a judge under Rule 9 (5) to change a witness's method of attendance.

[en. B.C. Reg. 216/2022, s. 6.]

Judge may change a witness's method of attendance

(2.2) The judge may order a witness to attend court by any method of attendance that the judge considers appropriate in the circumstances.

[en. B.C. Reg. 216/2022, s. 6.]

What a witness served with a subpoena must do

(3) A person who is served with a subpoena must

(a) appear in court on the date and at the time and place stated on the subpoena, and

(b) if the witness attends court in person, bring to court any records and other things required by the subpoena.

[am. B.C. Reg. 216/2022, s. 7.]

Subpoena may be cancelled or varied

(4) A person who is served with a subpoena may apply under Rule 1 (2) to a judge, who may

(a) cancel the subpoena if

(i) the person is not needed as a witness,

(ii) it would be a hardship for the person to appear in court as required by the subpoena, or

(iii) in the case of a child witness, the judge considers that it would not be in the child's best interests to require the child to testify, or

(b) vary the subpoena to allow the witness to attend court by another method of attendance.

[en. B.C. Reg. 216/2022, s. 8.]

If a witness does not obey a subpoena

(5) A judge may issue a warrant (Form 5) for the arrest of a witness who does not appear in court as required by a subpoena if the judge is satisfied that

(a) the subpoena was served on the witness,

(b) reasonable travelling expenses were offered to the witness, and

(c) justice requires the presence of the witness.

If a judge changes a witness's method of attendance

(5.1) If a judge changes a witness's method of attendance, the judge

(a) must direct the witness

(i) how, and by what date, to submit and serve any records and other things, if the witness will not be attending in person, and

(ii) where or how to attend, including by providing a telephone number or video conferencing information, if applicable, and

(b) may order

(i) the return of any money that was provided under subrule (2), or

(ii) that the party subpoenaing the witness pay for the witness's travelling expenses, telephone call, video conference or other reasonable estimated cost of the method of attendance.

[en. B.C. Reg. 216/2022, s. 9.]

How long a warrant for arrest of witness is in force

(6) A warrant remains in force until

(a) the witness named in the warrant appears in court either voluntarily or under the warrant, or

(b) a judge cancels the warrant.

After a witness is arrested

(7) A witness who is arrested under a warrant must be brought before a judge or justice of the peace as soon as practicable.

What the judge may do when the witness appears

(8) If the witness's evidence is still required, the judge may

(a) release the witness on giving the witness a release (Form 6) requiring the witness to appear in court on the date and at the time and place stated in the release, or

(b) order a sheriff or peace officer to detain the witness in custody until the presence of the witness is no longer required.

[am. B.C. Reg. 216/2022, s. 10.]

Conditions of release

(9) A judge may make the release of a witness under subrule (8) (a) subject to any conditions respecting reporting or residency or entering into a recognizance that the judge considers necessary to make sure the witness attends.

How evidence is given

(1) At a hearing, evidence may be given orally on oath or affirmation or, if the judge allows,

(a) by affidavit, subject to Rule 5,

(b) by statements of facts agreed to by the parties, or

(c) as permitted under section 68 (2) (b) of the Act.

If person does not appear

(2) If a person who is served with an application does not appear in court on the date and at the time and place set for the hearing, the judge may hear the application and make the order applied for if the judge thinks it is fair to do so in the absence of that person.

Designated representatives

(3) Subrule (2) applies also if a designated representative of a First Nation, an Indigenous community, a Treaty First Nation or the Nisg̱a'a Lisims Government is served with an application and a designated representative of the First Nation, Indigenous community, Treaty First Nation or Nisg̱a'a Lisims Government does not appear in court on the date and at the time and place set for the hearing.

[en. B.C. Reg. 49/2019, s. 2.]

Advance notice of experts' evidence required

(4) A party may call an expert to give evidence of the expert's opinion only if

(a) the party provides a written summary of the expert's evidence to all other parties at least 30 days before the expert is called to give evidence, or

(b) a judge grants permission.

Experts' reports must be given in advance

(5) Instead of calling an expert to give evidence, a party may introduce a report stating opinions of an expert, if

(a) the party provides a copy of the report to all other parties at least 30 days before the report is introduced, or

(b) a judge grants permission.

Director not an expert

(6) A director, or a delegate of a director, is not an expert for the purposes of notice under subrule (4) or (5).

Experts' qualifications

(7) A statement of qualifications in an expert's report is proof that the expert has those qualifications unless there is evidence to the contrary.

Proof of signature not required

(8) A report stating the opinions of an expert may be introduced without proof of the expert's signature.

Experts may be called for cross-examination

(9) A party receiving another party's expert report may serve on the other party, at least 14 days before the hearing date, a notice requiring the expert to attend the hearing for cross-examination. (See Rule 8 (2))

Cost of calling other party's expert

(10) If a judge determines that calling another party's expert was unnecessary, the judge may order the party who required the expert to attend to pay the expert's expenses.

What form to use

(1) Where an affidavit is permitted under these rules, it must be in Form 7.

Exhibits

(2) Any exhibits referred to in an affidavit must be identified and attached to the affidavit.

Permission to use defective affidavit

(3) With the permission of the judge, an affidavit may be used in evidence even though it does not comply in form with this Rule.

Affidavit must be filed and served

(4) Evidence may be given by affidavit at a hearing only if, at least 2 days before the date of the hearing,

(a) copies of the affidavit are filed in the registry, and

(b) a copy of the affidavit is served on every person who is entitled to notice of the hearing. (See Rule 8 (2))

[am. B.C. Reg. 216/2022, s. 11.]

Address for service

(0.1) An address for service may be any of the following:

(a) a mailing address;

(b) an email address;

(c) a facsimile number.

[en. B.C. Reg. 216/2022, s. 12.]

Service requirements

(1) Unless the Act or these rules provide otherwise, an application must be served at least 2 days before the date set for the hearing

(a) on the other parties, and

(b) if an order is sought against some other person, on that person. (See Rule 8 (2))

Unfiled copy may be served

(2) A copy of an application or other document served need not be a filed copy.

When service is not required

(3) Service of an application is not required if

(a) the application is for permission to use another service method,

(b) the application is for access to a child under section 17 (1) of the Act,

(b.1) Repealed. [B.C. Reg. 49/2019, s. 3 (a).]

(b.2) the application is for a consent order under section 60 of the Act and each of the required consents has been obtained or dispensed with, or

(c) a judge so orders.

[am. B.C. Regs. 75/2000, s. 6; 351/2005, s. 3 (a); 49/2019, s. 3 (a).]

How documents may be served

(4) Documents required by the Act or these rules to be served may be served as follows:

(a) on an individual

(i) by leaving a copy with the individual,

(ii) by registered mail or by email to the last address for service given under subrule (5), (6) or (7), or by facsimile transmission to the last facsimile number given as an address for service under subrule (5), (6) or (7), or

(iii) if the individual is a party with a lawyer of record, by leaving a copy at that lawyer's office or by emailing or by sending a facsimile transmission to that lawyer's office;

(b) on a designated representative of a First Nation, an Indigenous community, a Treaty First Nation or the Nisg̱a'a Lisims Government by emailing to the email address, or by sending a facsimile transmission to the facsimile number for service provided by the First Nation, Indigenous community, Treaty First Nation or Nisg̱a'a Lisims Government or by leaving a copy with the designated representative;

(b.1) on an Indigenous authority, when served by a director serving documents under Rule 1.1 (1) (a), by registered mail to the mailing address, by emailing to the email address or by sending a facsimile transmission to the facsimile number provided by the Indigenous authority in accordance with section 12.3 (2) (c) of the Child, Family and Community Service Regulation;

(b.2) on an Indigenous governing body or an Indigenous authority

(i) by registered mail to the mailing address, by emailing to the email address or by sending a facsimile transmission to the facsimile number for service provided by the Indigenous governing body or the Indigenous authority, or

(ii) by leaving a copy with a person entitled to receive notice or service on behalf of the Indigenous governing body or the Indigenous authority;

(c) on a society within the meaning of the Societies Act

(i) by registered mail to the mailing address of the society's registered office on file with the Registrar of Companies,

(ii) by leaving a copy at the delivery address of the society's registered office on file with the Registrar of Companies or with a director or officer of the society, or

(iii) by emailing to the email address of the society, if the society has provided an email address as an address for service;

(d) on a company within the meaning of the Business Corporations Act

(i) by registered mail to the mailing address of the company's registered office on file with the Registrar of Companies,

(ii) by leaving a copy of it at the delivery address of the company's registered office on file with the Registrar of Companies or with a director or officer of the company, or with a receptionist or a person at the company's place of business who appears to manage the company's business there, or

(iii) by emailing to the email address of the company, if the company provided an email address as an address for service;

(e) on an unincorporated association

(i) by registered mail to the registered office of the association,

(ii) by leaving a copy with an officer of the association, or

(iii) by emailing to the email address of the association, if the association provided an email address as an address for service;

(f) on a director

(i) by leaving a copy with or by sending a facsimile transmission to the director's lawyer of record,

(ii) by emailing to the director or to the director's lawyer of record,

(iii) by leaving a copy at, or by sending a facsimile transmission to, the district office with conduct of the case, or

(iv) in the case of an Indigenous law order application or a significant change order application, or a matter related to an Indigenous law order application or a significant change order application, by registered mail to the mailing address, by emailing to the email address or by sending a facsimile transmission to the facsimile number for service provided by the director in a notice under section 33.03  (2) (b), 48.2 (2) (b) or 50.02 (3)  (b) of the Act.

[en. B.C. Reg. 216/2022, s. 13; am. B.C. Reg. 276/2023, s. 6.]

Party must give address

(5) A party must give an address for service either

(a) on the face of a document filed by the party, or

(b) by filing a notice of address for service (Form 8).

Person may give address

(6) A person entitled to notice under, or referred to in, section 33.03 (1), 33.04 (6) (b) to (e), 38 (1) (b) to (e), 48.2 (1) (b) to (d), 48.3  (6) (b) to (e), 48.5 (3) (b), 50.02 (2) (b) to (e), 50.03 (6) (b) to (e) or 50.05 (3) (b) of the Act may file a notice of address for service (Form 8).

[en. B.C. Reg. 351/2005, s. 3 (c); am. B.C. Reg. 276/2023, s. 7.]

Persons entitled to service

(6.1) A person may be served in accordance with subrule (4) as if the person is a party, if

(a) the person is a party to the proceedings from which an Indigenous authority has made a written request for the director to withdraw under section 33.02 (b) (ii) or 48.1 (b) (ii), as applicable, of the Act, and

(b) the director is required to serve the person under section 33.04 (6), 48.2 (1), 48.3 (6) or 48.5 (3) of the Act, as applicable.

[en. B.C. Reg. 276/2023, s. 8 (a).]

Party must notify of change of address

(7) If a party's address for service changes, the party must promptly notify the other parties of the new address either

(a) on the face of a document filed by the party, or

(b) by filing a new notice of address for service (Form 8).

Service on children

(8) Any document may be served on a child who is 12 years of age or older by leaving a copy of it with the child, unless a judge orders otherwise.

[am. B.C. Reg. 216/2022, s. 14.]

Service on children under 12

(9) A document may be served on a child who is under 12 years of age, but only if a judge so orders.

Permission to use other service methods

(10) If a document cannot be served as provided in these rules or if the person to be served is temporarily outside the Province, a person may apply to a judge who may

(a) permit another method of service to be used, and

(b) direct how service is to be proved.

[am. B.C. Reg. 216/2022, s. 15.]

Proving service

(11) Service of a document may be proved by filing the following at the registry:

(a) for personal service of a document, a certificate of service (Form 9);

(b) for service by registered mail, a certificate of service (Form 9) that includes one of the following:

(i) a copy, produced by facsimile or otherwise, of the signature obtained by Canada Post at the time the document was delivered;

(ii) a printout of the delivery confirmation made available on the internet by Canada Post;

(c) for personal service on the lawyer of record, a copy of the document signed by the lawyer of record or an articled student or by a partner or employee of the firm;

(d) for service by facsimile transmission, a certificate of service (Form 9) with a transmission report generated by the sending machine;

(e) for service by email, a certificate of service (Form 9) with the following attached to the certificate:

(i) a printout of the first page of the email message that includes the sender's name, the recipient's email address, the date the email was sent and the time the email was sent;

(ii) if the printout of the first page of the email message does not list the name of the document as an attachment to the email, a copy of the document.

[am. B.C. Regs. 173/98, s. 2 (a) and (b); 49/2019, s. 3 (c); 216/2022, s. 16.]

When service by email is deemed to be completed

(11.01) A document transmitted for service by email under this rule is deemed to be served as follows:

(a) if the document is transmitted before 4 p.m. on a business day, the document is deemed to be served on the day of transmission;

(b) if the document is transmitted on a day that is not a business day, or after 4 p.m. on a business day, the document is deemed to be served on the next business day.

[en. B.C. Reg. 216/2022, s. 17, as am. by B.C. Reg. 270/2022, s. 1.]

If document does not reach a person

(11.02) If a document was served in accordance with subrule (4), a person may show on application that the document

(a) did not come to the person's notice,

(b) came to the person's notice later than when it was served or effectively served, or

(c) was incomplete or illegible, and

the judge may make orders or give directions to serve the document in a specified manner or give any other order or direction that the judge considers appropriate.

[en. B.C. Reg. 216/2022, s. 17.]

Repealed

(11.03) Repealed. [B.C. Reg. 276/2023, s. 8 (b).]

Judge may require copy of served document

(11.1) A judge may require that a copy of the served document be attached to the certificate of service (Form 9).

[en. B.C. Reg. 173/98, s. 2 (c); am. B.C. Reg. 49/2019, s. 3 (c).]

Oral proof of service

(12) Instead of requiring proof of service under subrule (11), a judge or registrar may allow a person to prove by sworn oral evidence that the person has personally served a document.

Effective date of order

(1) An order takes effect on the day it was made by a judge unless the judge orders otherwise.

Who prepares the order

(2) The director's lawyer of record prepares the order as soon as practicable, unless the judge orders otherwise.

[am. B.C. Reg. 216/2022, s. 18 (a).]

Form of the order

(3) Orders must be prepared in Form 10, except as follows:

(a) the following orders must be prepared in Form 10.1:

(i) a protective intervention order under section 28 of the Act;

(ii) a restraining order under section 98 of the Act;

(b) the following orders must be prepared in Form 10.6:

(i) an order respecting Indigenous law;

(ii) a significant change order.

[en. B.C. Reg. 276/2023, s. 9.]

Approving the order

(4) An order must be signed as approved by the lawyer of record for each party who was represented, unless

(a) the judge orders otherwise, or

(b) the order is a protective intervention order made under section 28 of the Act or a restraining order made under section 98 of the Act.

[en. B.C. Reg. 216/2022, s. 18 (b).]

Settling the order

(5) A party may apply to a judge to settle the terms of an order when there is a dispute about the terms. (See Rule 1 (2))

Delivering the order to the registry

(6) After an order is signed as approved in accordance with subrule (4), it must be delivered to the registry to be signed by a judge, filed with the court and date stamped with the registry stamp.

Notice of order

(7) After an order is signed by the judge and filed with the court, a clerk must provide a copy

(a) to the lawyer of record for each party who was represented, and

(b) to every other party on request

unless the judge orders otherwise.

[am. B.C. Reg. 216/2022, s. 18 (c).]

Correcting an order

(8) Any judge may correct, at any time, a clerical mistake in an order or a mistake arising from an accidental slip or omission.

Judge may adjourn hearing

(1) Whether or not the parties consent, a judge may adjourn a hearing to a specific date.

Judge may shorten or extend time limits

(2) A judge may shorten a period of time for doing anything required under these rules or may extend the period even though it has expired.

Repealed

(3) Repealed. [B.C. Reg. 533/95, Rule 8 (5).]

Adjournment

(4) A hearing may be adjourned only

(a) with the permission of a judge, or

(b) in the case of a hearing at which sworn oral evidence will not be given, if the director's lawyer of record files with the court a Consent Adjournment form (Form 10.2) after having obtained consent of all of the parties or their lawyer of record, as applicable.

[en. B.C. Reg. 216/2022, s. 19 (a).]

Repealed

(5) Repealed. [B.C. Reg. 216/2022, s. 19 (b).]

Changing or cancelling orders

(6) A judge may change or cancel an order made in the absence of a party who received notice of a hearing if

(a) that party applies within a reasonable time,

(b) the party had a good reason for failing to attend when the order was made,

(c) there is a good reason for changing or cancelling the order, and

(d) the change or cancellation would be in the best interests of the child.

Notice to others

(7) At any time during a hearing, a judge may order that a person, whether or not a party, be given notice of the hearing.

Powers that any judge may exercise

(8) Any judge may do any of the following without being seized of a matter:

(a) receive the reports and information presented to the court at a presentation hearing;

(b) adjourn a hearing before evidence is heard;

(c) make orders or give directions on procedural matters;

(d) hold a case conference or mini-hearing under Rule 2;

(e) make orders about a person's method of attendance at a case conference, mini-hearing or hearing.

[am. B.C. Regs. 173/98, s. 3; 216/2022, s. 19 (c).]

Judge who starts a hearing must continue

(9) Subject to subrule (8), a judge who has heard any evidence at a hearing must finish the hearing unless the judge dies or is otherwise unable to act.

If judge cannot finish the hearing

(10) If a judge who has begun to hear evidence dies or is otherwise unable to act, another judge will hear the case and that judge may

(a) start the hearing again and re-hear all the evidence, or

(b) with the consent of the parties, continue with the hearing where it left off, giving directions for hearing evidence as the judge considers necessary.

Judge may give directions

(11) A judge may give a direction on any procedural matter that is not provided for in the Act or these rules.

Judge may order transfer of file

(12) A judge may order a file transferred to another registry, for the purposes of one application or for all purposes, after considering

(a) the balance of convenience,

(b) any special circumstances that exist, and

(c) the best interests of the child.

Transfer of file by consent

(13) If the parties agree, a clerk may transfer a file to another registry, for the purposes of one application or for all purposes, if the parties

(a) complete a written and signed consent to the transfer, and

(b) file the consent in the registry where the file is located.

Copy permissible in some circumstances

(14) With the judge's permission, a copy of a document may be used in court instead of the original.

Who may search files

(15) Unless a judge orders otherwise, no person other than the following may search a registry file respecting a matter under the Act:

(a) a party;

(b) a party's lawyer of record;

(c) a person authorized in writing by a party;

(d) a person authorized in writing by a party's lawyer of record;

(e) for the purpose of determining whether an application in Form 3.1 has been filed, the director responsible for service under Rule 6 (6.1) (b) of these rules, or section 50.02 (2) of the Act, or the director's lawyer.

[en. B.C. Reg. 216/2022, s. 19 (d); am. B.C. Reg. 276/2023, s. 10 (a).]

If a party does not comply with the rules

(16) If a party does not comply with these rules, the judge may after considering the principles at section 2 of the Act

(a) cancel a step taken or an order made or disregard a document filed in the course of the application, or

(b) make any order or give any direction that the judge thinks is fair, including an order dismissing the application.

Faxed documents

(17) Any document may be filed in a registry by facsimile transmission to that registry, but a judge may require that the original of a document be filed later.

Appendix A forms

(18) The forms in Appendix A are prescribed for the purposes of these rules.

User-generated forms

(19) Forms generated by the user must

(a) be in substantial compliance with the prescribed forms, and

(b) show the applicable words of the prescribed form in regular type and the words supplied by the user in boldface type.

Lawyer of record

(20) For the purposes of these rules,

(a) a lawyer must provide notification to the other parties that the lawyer is the lawyer of record for a party by

(i) completing and filing with the court a Notice of Lawyer of Record for Party (Form 10.3), and

(ii) serving on each party the form referred to in subparagraph (i), or

(b) a lawyer must advise the court, when appearing in court, that the lawyer is the lawyer of record for a party.

[en. B.C. Reg. 216/2022, s. 19 (e).]

Ceasing to be lawyer of record

(21) For the purposes of these rules,

(a) a lawyer must provide notification to the other parties that the lawyer is no longer the lawyer of record for a party by

(i) completing and filing with the court a Notice of Removal of Lawyer of Record for Party (Form 10.4), and

(ii) serving on each party the form referred to in subparagraph (i), or

(b) a lawyer must advise the court, when appearing in court, that the lawyer is no longer the lawyer of record for a party.

[en. B.C. Reg. 216/2022, s. 19 (e).]

Judge may waive or modify process in respect of notification of lawyer of record

(22) A judge may, at any time, waive or modify the processes in subrules (20) and (21).

[en. B.C. Reg. 216/2022, s. 19 (e).]

Consolidation

(23) If there is a proceeding or application under these rules in respect of the same court file, or the same child, the court, on application or on the court's own initiative, may consolidate the proceedings or applications.

[en. B.C. Reg. 276/2023, s. 10 (b).]

Transitional — temporary acceptance of certain forms

(24) Until February 12, 2024, the registry may accept for filing either of the following forms as it appeared before the form was replaced on January 15, 2024, in substitution for the related form under these rules:

(a) a Presentation form (Form 1);

(b) a Written Consent form (Form 11).

[en. B.C. Reg. 276/2023, s. 10 (b).]

Default method of attendance

(1) Case conferences, mini-hearings and hearings must be attended in person.

[en. B.C. Reg. 216/2022, s. 20.]

Direction by chief judge for exception to default

(2) Despite subrule (1), the chief judge may direct that a class of case conferences, mini-hearings or hearings may or must be attended by telephone, video conference or other means of electronic communication.

[en. B.C. Reg. 216/2022, s. 20.]

Classes of case conferences, mini-hearings and hearings

(3) A direction under subrule (2) may be different for different court locations, court registries, types of case conferences, mini-hearings or hearings or classes of persons or circumstances.

[en. B.C. Reg. 216/2022, s. 20.]

Direction on how to attend

(4) If the following applies:

(a) the chief judge gives a direction under subrule (2) that a case conference, mini-hearing or hearing may or must be attended by telephone, video conference or other means of electronic communication;

(b) an application is granted under subrule (5) that a person may attend a case conference, mini-hearing or hearing by telephone, video conference or other means of electronic communication;

(c) a person attends a hearing that is required under subrule (6) (a) or (b) by telephone, video conference or other means of electronic communication;

(d) a designated representative attends a case conference, mini-hearing or hearing by telephone, video conference or other means of electronic communication,

the court must direct the persons attending

(e) how, and by what date, to submit and serve any records and other things, if the person will not be attending in person, and

(f) where or how to attend, including by providing a telephone number or video conferencing information, if applicable.

[en. B.C. Reg. 216/2022, s. 20, as am. by B.C. Reg. 270/2022, s. 2.]

Application to change method of attendance

(5) Despite subrules (1) and (2), a person may apply to change the person's own or another person's method of attendance at a case conference, mini-hearing or hearing to the court under Rule 1 (2) or 1.1 (1) (c) by completing and filing with the court an Application to Change Method of Attendance (Form 10.5).

[en. B.C. Reg. 216/2022, s. 20; am. B.C. Reg. 276/2023, s. 11.]

Requirement for notice of hearing

(6) An application under subrule (5) does not require service or a hearing unless

(a) the judge requires notice and a hearing, in which case the judge may require service in accordance with Rule 6 or in any other manner the judge considers appropriate, or

(b) the application is in respect of a court proceeding at which sworn oral evidence will be given, in which case the judge may require service in accordance with Rule 6.

[en. B.C. Reg. 216/2022, s. 20.]

Hearing on application to change method of attendance

(7) Unless a judge orders otherwise, a person may attend a hearing that is required under subrule (6) (a) or (b) by telephone, video conference or other means of electronic communication.

[en. B.C. Reg. 216/2022, s. 20.]

Attendance by designated representatives

(8) A designated representative of a First Nation, an Indigenous community, a Treaty First Nation or the Nisg̱a'a Lisims Government

(a) may, despite subrules (1) and (2), attend a case conference, mini-hearing or hearing by telephone, video conference or other means of electronic communication if the designated representative does not intend to give sworn oral evidence or to call another person to give sworn oral evidence, and

(b) must attend a case conference, mini-hearing or hearing in person if the designated representative intends to give sworn oral evidence or to call another person to give sworn oral evidence unless

(i) a direction under subrule (2) applies to the designated representative, or

(ii) the designated representative makes a successful application under subrule (5).

[en. B.C. Reg. 216/2022, s. 20.]

Requirement to appear in person

(9) Despite subrules (1) and (2), a judge who is conducting a case conference, mini-hearing or hearing at which persons are appearing by telephone, video case conference or other means of electronic communication may

(a) adjourn the conference, mini-hearing or hearing at any time, and

(b) require persons to attend the case conference, mini-hearing or hearing, or any further case conferences, mini-hearings or hearings, in person or by another method of attendance that the judge considers appropriate in the circumstances.

[en. B.C. Reg. 216/2022, s. 20.]

Physical presence not required

(10) For the purposes of these rules, other than subrules (1) and (8) (b) of this Rule, a reference to attending, appearing, conducting, giving, being present, being in court or being at a place or location is not to be interpreted as requiring in-person attendance.

[en. B.C. Reg. 216/2022, s. 20.]

Case conference, mini-hearing or hearing has an associated physical location

(11) If a case conference, mini-hearing or hearing does not take place at a physical location because all persons attend the case conference, mini-hearing or hearing by telephone, video conference or other means of electronic communication, the case conference, mini-hearing or hearing is considered to take place at the court served by the registry where the court file is.

[en. B.C. Reg. 216/2022, s. 20.]