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Volume 57, No. 23

249/2014

The British Columbia Gazette,

Part II

December 31, 2014

B.C. Reg. 249/2014 , deposited December 22, 2014, under the COURT RULES ACT [section 1]. Order in Council 716/2014, approved and ordered December 19, 2014.

On the recommendation of the undersigned, made after consultation with the Chief Justice of the Supreme Court, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that the Supreme Court Family Rules, B.C. Reg. 169/2009, are amended as set out in the attached Schedule.

— S. ANTON, Attorney General and Minister of Justice ; W. R. BENNETT, Presiding Member of the Executive Council .

Schedule

1 Rule 1-1 (1) of the Supreme Court Family Rules, B.C. Reg. 169/2009, is amended

(

a) by adding the following definition:

“FHRMIRA order” means an order made under the Family Homes on Reserves and Matrimonial Interests or Rights Act (Canada) or under a First Nation’s law made under that Act; , and

(

b) in the definition of “family law case” by adding the following paragraph:

(b.1) a FHRMIRA order; .

2 Rule 4-4 (1) is amended by adding the following paragraph:

(b.1) a claim for a FHRMIRA order; .

3 Rule 5-1 is amended

(

a) in subrule (1) in the definition of “party”

(

i) by striking out “ or ” at the end of paragraph (b),

(ii) in paragraph (

d) by striking out “ Family Law Act ; ” and substituting “ Family Law Act , or ”, and

(iii) by adding the following paragraph:

(

e) a FHRMIRA order; ,

(

b) in subrule (2) by adding the following paragraph:

(c.1) if, in the family law case, a person is seeking to obtain, vary or revoke a FHRMIRA order, subrules (1), (3) and (10) to (32) apply; , and

(

c) in subrule (10) by striking out “ the Family Law Act or against whom such a claim is being made must ” and substituting “ the Family Law Act or applying for a FHRMIRA order, or against whom such a claim or an application is being made, must ”.

4 Rule 7-1 (3) is amended by adding the following paragraph:

(b.1) an application for an order under

section 32 or 39 of the Family Homes on Reserves and Matrimonial Interests or Rights Act (Canada) or a First Nation’s law made under that Act with respect to an equivalent matter; .

5 Rule 13-3 (1) (

a) is amended by striking out “ Family Law Act , ” and substituting “ Family Law Act or out of an application for a FHRMIRA order, ”.

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