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Volume 46, No. 2

B.C. Reg. 9/2003

The British Columbia Gazette,

Part II

January 28, 2003

B.C. Reg. 9/2003, deposited January 23, 2003, pursuant to the COURT RULES ACT [Section 1]. Order in Council 45/2003, approved and ordered January 23, 2003.

On the recommendation of the undersigned, made after consultation with the Chief Judge of the Provincial Court, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that effective February 1, 2003, the Provincial Court (Family) Rules, B.C. Reg. 417/98, is amended as set out in the attached Schedule. — P. G. PLANT, Attorney General and Minister Responsible for Treaty Negotiations; C. CLARK, Presiding Member of the Executive Council.

Schedule

1 The Provincial Court (Family) Rules, B.C. Reg. 417/98, is amended by adding the following rule:

Rule 5.1 — Procedures in Fax Filing Pilot Project Registries

Definition

(1) In this rule, "fax filing pilot project registry" means the Chilliwack, Cranbrook, Dawson Creek, Kamloops, Kelowna, Nelson, Penticton, Prince George, Rossland, Salmon Arm, Smithers, Terrace, Vernon or Williams Lake registry.

Application of this rule

(2) Despite rules 2 (1) and (2), 3 (1) and (5), 4 (2), 13 (4), 16 (3) and 17 (4) and subject to this rule, if a registry is a fax filing pilot project registry, a registrar or clerk may accept any document in a filing that has been transmitted to the registry by fax, except the following:

(

a) an application for an order under rule 2 (1) or (2) if the application is filed in a family justice registry or the court file for the proceedings is transferred under rule 19 to a family justice registry;

(

b) a statement of finances under

section 13 of the Family Maintenance Enforcement

Act .

When a fax filing may be refused

(3) A registrar or clerk may refuse to accept a filing that is transmitted to a fax filing pilot project registry by fax for any one or more of the following reasons:

(

a) the filing is not accompanied by a fax cover sheet in Form 32;

(

b) the filing relates to more than one court file;

(

c) the filing and the fax cover sheet exceed 20 pages in length and the registrar has not given leave;

(

d) in the opinion of the registrar or clerk, the filing is illegible and cannot be used by the court;

(

e) the filing is incomplete;

(

f) the filing should have been transmitted to another fax filing pilot project registry;

(

g) the filing does not otherwise conform to practice and procedure under these rules and any applicable enactment.

When a fax filing is filed

(4) A filing that is transmitted to a fax pilot project filing registry by fax and received by the registry fax machine will be filed as soon as is practicable, provided that it has not been refused under subrule (3).

When a fax filing is considered to be filed

(5) A filing that is transmitted to a fax filing pilot project registry by fax is considered to be filed on the date stamped on it by a clerk.

Original of fax filing may be required by judge

(6) A judge may require that the original of a document transmitted to a fax filing pilot project registry by fax in accordance with this rule be produced.

2 The attached Form 32 is added.

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