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Volume 63, No. 10

119/2020

The British Columbia Gazette,

Part II

June 2, 2020

B.C. Reg. 119/2020 , deposited June 1, 2020, under the COURT RULES ACT [section 1]. Order in Council 288/2020, approved and ordered June 1, 2020.

On the recommendation of the undersigned, the Lieutenant Governor, by and with

the advice and consent of the Executive Council, orders that the Provincial Court

(Family) Rules, B.C. Reg. 417/98, is amended as set out in the attached Schedule.

— D. EBY, Attorney General ; S. FRASER, Presiding Member of the Executive Council .

Schedule

1 Rule 5.01 (1) of the Provincial Court (Family) Rules, B.C. Reg. 417/98, is amended

in the definition of "extraordinary parenting matter"

(

a) by repealing paragraph (

b) and substituting the following:

(

b) applying, by a guardian, for

(

i) a passport, licence, permit, benefit, privilege or other thing for a child,

if delay will result in risk of harm to the child's physical, psychological or emotional

safety, security or well-being, or

(ii) travel with a child or participation by a child in an activity if consent

to the travel or activity is required and is alleged to have been wrongfully denied; ,

(

b) by adding the following paragraph:

(b.1) relating to change in location of a child's residence, or a guardian's plan

to change the location of a child's residence, if

(

i) no written agreement or order respecting parenting arrangements applies in

respect of the child, and

(ii) the change of residence can reasonably be expected to have a significant

impact on the child's relationship with another guardian; ,

(

c) in paragraph (

c) by striking out " preventing " and substituting " relating to ",

(

d) in paragraph (

e) by striking out " preventing the " and substituting " relating to the alleged ",

(

e) by repealing paragraph (f), and

(

f) by adding the following paragraph:

(

g) relating to the return of a child alleged to have been wrongfully removed

or retained under the Convention on the Civil Aspects of International Child Abduction

signed at the Hague on October 25, 1980; .

Section 22 (2) of Appendix B is amended by striking out " child support or spousal support " and substituting " child support, spousal support or appointment of a guardian ".

Section 41 (2) of Appendix B is repealed and the following substituted:

(2) A judge may change, suspend or cancel an order made in the absence of a party

if the judge determines that

(

a) the absent party applied within a reasonable time for the change, suspension

or cancellation of the order using Form H [Application for Case Management Order] of Appendix C, and

(

b) either of the following apply:

(

i) the absent party did not receive notice of the application or family management

conference;

(ii) there is a good reason to change, suspend or cancel the order.

Section 42 (1) of Appendix B is repealed and the following substituted:

(1) A judge may make orders to manage a case, including orders about the following

with or without application by a party:

(

a) transferring a court file to another registry for all purposes or specific

purposes;

(

b) adding or removing a party to a case, including leave to intervene under

section 204 (2)

of the Family Law Act ;

(

c) settling or correcting the terms of an order made under these rules;

(

d) setting a specified period for the filing and exchanging of information or

evidence, including a financial statement in Form 4 [Financial Statement] ;

(

e) correcting or amending a filed document, including the correction of a name

or date of birth;

(

f) requiring that a parentage test be taken under

section 33 [parentage tests] of the Family Law Act ;

(

g) specifying or requiring information that must be disclosed by a person who

is not a party to a case;

(

h) adjourning a court appearance;

(

i) relating to a report under

section 211 [orders respecting reports] of the Family Law Act , including requiring that a person who prepared the report attend a trial as a witness;

(

j) respecting the conduct of a party or management of a case, including pre-trial

and trial process and evidence disclosure, as set out in rule 8 (4) (a), (

b) or (

g) of these rules;

(

k) respecting the appointment of a lawyer to represent

(

i) the interests of a child, or

(ii) a party;

(

l) allowing a person to attend a conference or hearing using electronic communication,

including by telephone or video;

(

m) waiving or modifying any requirement related to service or giving notice to

a person, including allowing an alternative method for the service of a document;

(

n) waiving or modifying any other requirement under these rules, including a

time limit set under these rules or a time limit set by an order or direction of a

judge, even after the time limit has expired;

(

o) requiring access to information in accordance with

section 242 [orders respecting searchable information] of the Family Law Act ;

(

p) recognizing an extraprovincial order other than a support order;

(

q) relating to the management of a court record, file or document, including

access to a court file;

(

r) cancelling a subpoena.

Section 43 (1) of Appendix B is amended by striking out "

section 42 (1) (

k) to (r) " and substituting "

section 42 (1) (

l) to (p) ".

6 Appendix C is amended by repealing Forms H, I and M and substituting the attached

Forms H, I and M.

Forms H, I and M

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