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B.C. Reg. 533/95
O.C. 1514/95
Deposited December 15, 1995
effective January 15, 1996 except
Rule 2 effective June 3, 1996
This consolidation is current to January 9, 2024.
See the Cumulative B.C. Regulations Bulletin 2023
for amendments effective after January 9, 2024.
Link to consolidated regulation (PDF)
Link to Point in Time

Court Rules Act

Provincial Court (Child, Family and
Community Service Act) Rules

[Last amended December 19, 2022 by B.C. Reg. 216/2022 as amended by B.C. Reg. 270/2022]

Contents
 Introduction
Definitions
Interpretation
Rule 1 — Making Applications
(1) Initiating a presentation hearing
(1.1) Repealed
(2) Applications for other orders
(3) Applications to change or cancel an order
(4) Application may be made orally
(5) Where a presentation hearing must be initiated
(6) Where an application must be filed
(7) Conduct of hearings
(8) Some applications may be granted without a hearing
(9) How to apply for an order without a hearing
(10) How to apply for an order for changing method of attendance without a hearing
(11) Forms 1, 2 and 3 — transition
Rule 2 — Case Conferences and Mini-hearings
(1) Repealed
(2) Case conference may be directed
(3) Disclosure must be reviewed
(4) Case conference notice
(5) What happens at a case conference
(6) Mini-hearing notice
(7) What happens at a mini-hearing
(8) Privacy at case conferences
(9) Direction where case conference to be conducted
Rule 3 — Witnesses
(1) How to subpoena a witness
(2) Travelling expenses
(2.1) How to change a witness's method of attendance
(2.2) Judge may change a witness's method of attendance
(3) What a witness served with a subpoena must do
(4) Subpoena may be cancelled or varied
(5) If a witness does not obey a subpoena
(5.1) If a judge changes a witness's method of attendance
(6) How long a warrant for arrest of witness is in force
(7) After a witness is arrested
(8) What the judge may do when the witness appears
(9) Conditions of release
Rule 4 — Hearings
(1) How evidence is given
(2) If person does not appear
(3) Designated representatives
(4) Advance notice of experts' evidence required
(5) Experts' reports must be given in advance
(6) Director not an expert
(7) Experts' qualifications
(8) Proof of signature not required
(9) Experts may be called for cross-examination
(10) Cost of calling other party's expert
Rule 5 — Affidavits
(1) What form to use
(2) Exhibits
(3) Permission to use defective affidavit
(4) Affidavit must be filed and served
Rule 6 — Service and Proving Service
(0.1) Address for service
(1) Service requirements
(2) Unfiled copy may be served
(3) When service is not required
(4) How documents may be served
(5) Party must give address
(6) Person may give address
(7) Party must notify of change of address
(8) Service on children
(9) Service on children under 12
(10) Permission to use other service methods
(11) Proving service
(11.01) When service by email is deemed to be completed
(11.02) If document does not reach a person
(11.03) Form 9 — transition
(11.1) Judge may require copy of served document
(12) Oral proof of service
Rule 7 — Orders
(1) Effective date of order
(2) Who prepares the order
(3) Form of the order
(4) Approving the order
(5) Settling the order
(6) Delivering the order to the registry
(7) Notice of order
(8) Correcting an order
Rule 8 — General
(1) Judge may adjourn hearing
(2) Judge may shorten or extend time limits
(3) Repealed
(4) Adjournment
(5) Repealed
(6) Changing or cancelling orders
(7) Notice to others
(8) Powers that any judge may exercise
(9) Judge who starts a hearing must continue
(10) If judge cannot finish the hearing
(11) Judge may give directions
(12) Judge may order transfer of file
(13) Transfer of file by consent
(14) Copy permissible in some circumstances
(15) Who may search files
(16) If a party does not comply with the rules
(17) Faxed documents
(18) Appendix A forms
(19) User-generated forms
(20) Lawyer of record
(21) Ceasing to be lawyer of record
(22) Judge may waive or modify process in respect of notification of lawyer of record
Rule 9 — Method of Attendance
(1) Default method of attendance
(2) Direction by chief judge for exception to default
(3) Classes of case conferences, mini-hearings and hearings
(4) Direction on how to attend
(5) Application to change method of attendance
(6) Requirement for notice of hearing
(7) Hearing on application to change method of attendance
(8) Attendance by designated representatives
(9) Requirement to appear in person
(10) Physical presence not required
(11) Case conference, mini-hearing or hearing has an associated physical location
Appendix A

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;

"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;

"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;

"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.

[en. B.C. Reg. 216/2022, s. 1.]

Interpretation

  In these rules, other words and expressions have the meaning given to them in the Act, unless the context indicates otherwise.

[en. B.C. Reg. 216/2022, s. 1.]

Rule 1 — Making Applications

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).]

Forms 1, 2 and 3 — transition

(11) A person may, until January 17, 2023,

(a) complete and file with the court a Presentation Form using Form 1 as it read on December 18, 2022,

(b) complete and file with the court an Application for an Order using Form 2 as it read on December 18, 2022, and

(c) complete and file with the court an Application to Change or Cancel an Order using Form 3 as it read on December 18, 2022.

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

Rule 2 — Case Conferences and Mini-hearings

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).]

Rule 3 — Witnesses

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.

Rule 4 — Hearings

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.

Rule 5 — Affidavits

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.]

Rule 6 — Service and Proving Service

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) if the individual is a party, 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;

(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, or

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

[en. B.C. Reg. 216/2022, s. 13.]

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 section 38 (1) (b) to (e) of the Act may file a notice of address for service (Form 8).

[en. B.C. Reg. 351/2005, s. 3 (c).]

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.]

Form 9 — transition

(11.03) A person may, until January 17, 2023, file with the registry a certificate of service using Form 9 as it read on December 18, 2022.

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

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.

Rule 7 — Orders

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, or, in the case of a protective intervention order under section 28 of the Act or a restraining order under section 98 of the Act, in Form 10.1.

[en. B.C. Reg. 109/2013, s. 1.]

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.

Rule 8 — General

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.

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

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).]

Rule 9 — Method of Attendance

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) 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.]

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.]

Appendix A

Forms

[en. B.C. Reg. 216/2022, s. 21 (a).]

[en. B.C. Reg. 216/2022, s. 21 (a).]

[en. B.C. Reg. 216/2022, s. 21 (a).]

[en. B.C. Reg. 216/2022, s. 21 (a).]

WARRANTCourt File Number
FORM 5Court Location

In the Provincial Court of British Columbia
Under the Child, Family and Community Service Act


In the matter of the child(ren):

[Name(s)]
 
[Date(s) of Birth (mo/day/yr)]
 


The parent(s) of the child(ren) is/are:
[Name(s)]
 


WARRANT TO ARREST

To all Peace Officers in British Columbia:

This Court orders you to arrest ...................................................................................................................... and bring that person before any Judge or Justice of the Peace as soon as practicable.

The reason for the arrest is that:

the person did not attend this Court at [Court Location] ...................................................................................................................................................................................

on [Date] ...................................................... as required by a subpoena;

OR

the person did not comply with an order under section 17 (2) (b) to disclose all the information known to the person that may assist the director in locating the child;

OR

the person did not comply with an order under section 17 (2) (c) to allow the director or another person to interview or to visually examine the child, or to do both.

WARRANT TO ENTER DWELLING AND ARREST

To all Peace Officers in British Columbia:

This Court authorizes you to enter the dwelling located at
[Address] .................................................................................. [City] ...................................... and arrest ........................................................................ under the following terms (if any):

provided that:

• immediately before the entry, you have reasonable grounds to believe that the person is present in the dwelling; and

• the person is brought before any Judge or Justice of the Peace as soon as practicable.

The reason for the arrest is that there are reasonable grounds to believe that the person has contravened or is contravening

a protective intervention order under section 28 of the Act, or

a restraining order under section 98 of the Act

and is or will be present in the dwelling.

...............................................................................................................
[A Judge of the Provincial Court of British Columbia
or Clerk on behalf of
...............................................................................]

Dated: .......................................................................................................

[en. B.C. Reg. 75/2000, s. 10; am. B.C. Reg. 351/2005, ss. 5 and 6.]

[en. B.C. Reg. 216/2022, s. 21 (a).]

AFFIDAVITCourt File Number
FORM 7Court Location

In the Provincial Court of British Columbia
Under the Child, Family and Community Service Act


In the matter of the child(ren):

[Name(s)]
 
[Date(s) of Birth (mo/day/yr)]
 


The parent(s) of the child(ren) is/are:
[Name(s)]
 


I, [Name] .........................................................................................................................................................................................

of [Address] ............................................................................................................ [City] ...................................................................... [Prov.] ................................................

swear that:

1. I know or firmly believe the following facts to be true. Where these facts are based on information from others, I have stated the source of that information and I firmly believe that information to be true.

2.  I make this affidavit in relation to an application by  me or by [Name] ..............................................................................................................

3.

4.

5.

6.

Sworn before me

on [Date] .............................................................................................

at ..................................................................................................... British Columbia

[Signature]..........................................................................

................................................................................
[A Commissioner for taking Affidavits for British Columbia]

This affidavit is filed by:

[Name] .........................................................................................................................................................................

of [Address] ........................................................................................ [City] ....................[Prov.] ............... [Postal Code] ................................ [Phone] ............................... [Fax]...............................

[am. B.C. Reg. 351/2005, s. 5.]

[en. B.C. Reg. 216/2022, s. 21 (a).]

[en. B.C. Reg. 216/2022, s. 21 (a).]

[en. B.C. Reg. 216/2022, s. 21 (a).]

[en. B.C. Reg. 216/2022, s. 21 (a).]

[en. B.C. Reg. 216/2022, s. 21 (b).]

[en. B.C. Reg. 216/2022, s. 21 (b).]

[en. B.C. Reg. 216/2022, s. 21 (b).]

[en. B.C. Reg. 216/2022, s. 21 (b).]

[en. B.C. Reg. 216/2022, s. 21 (a).]

FORMS 12 and 13

Repealed. [B.C. Reg. 351/2005, s. 7.]

[Provisions relevant to the enactment of this regulation: Court Rules Act, R.S.B.C. 1996, c. 80, ss. 1 to 4.]