Copyright © Queen's Printer,

Victoria, British Columbia, Canada

Licence

Disclaimer

Volume 58, No. 22

212/2015

The British Columbia Gazette,

Part II

December 1, 2015

B.C. Reg. 212/2015 , deposited November 24, 2015, under the COURT RULES ACT [section 1]. Order in Council 674/2015, approved and ordered November 23, 2015.

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 November 28, 2016,

(

a) the Provincial Court (Adult Guardianship) Rules, B.C. Reg. 30/2001, are amended as set out in the attached

Schedule 1,

(

b) the Provincial Court (Child, Family and Community Service Act) Rules, B.C. Reg. 533/95, are amended as set out in the attached

Schedule 2, and

(

c) the Small Claims Rules, B.C. Reg. 261/93, are amended as set out in the attached

Schedule 3.

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

Schedule 1

1 Rule 7 (5) of the Provincial Court (Adult Guardianship) Rules, B.C. Reg. 30/2001, is amended

(

a) in paragraph (

b) by striking out “ whether or not incorporated under the Society Act , ” and substituting “ whether or not it is a society within the meaning of the Societies Act , ”,

(

b) in paragraph (

c) by striking out “ on a society incorporated under the Society Act , ” and substituting “ on a society within the meaning of the Societies Act , ”,

(

c) by repealing paragraph (c) (i) (

A) and substituting the following:

(

A) at the delivery address of the society’s registered office on file with the Registrar of Companies, , and

(

d) by repealing paragraph (c) (ii) and substituting the following:

(ii) by registered mail to the mailing address of the society’s registered office on file with the Registrar of Companies, or .

Schedule 2

1 Rule 6 (4) of the Provincial Court (Child, Family and Community Service Act) Rules, B.C. Reg. 533/95, is amended

(

a) in paragraph (

c) by striking out “ on a society incorporated under the Society Act ” and substituting “ on a society within the meaning of the Societies Act ”,

(

b) in paragraph (c) (

i) by striking out “ the address for service ” and substituting “ the mailing address of the society’s registered office ”,

(

c) in paragraph (c) (ii) by striking out “ that address ” and substituting “ the delivery address of the society’s registered office on file with the Registrar of Companies ”,

(

d) in paragraph (

d) by striking out “ on a company incorporated under the Company Act ” and substituting “ on a company within the meaning of the Business Corporations Act ”,

(

e) by repealing paragraph (d) (

i) and substituting the following:

(

i) by registered mail to the mailing address of the company’s registered office on file with the Registrar of Companies, or , and

(

f) in paragraph (d) (ii) by striking out “ at the address ” and substituting “ at the delivery address of the company’s registered office on file with the Registrar of Companies ”.

Schedule 3

1 Rule 1 (2.2) of the Small Claims Rules, B.C. Reg. 261/93, is repealed and the following substituted:

If the defendant is a society

(2.2) If the defendant is a society within the meaning of the Societies Act , the claimant must file with the notice of claim a printout of a search showing the delivery address and mailing address of the society’s registered office on file with the Registrar of Companies.

2 Rule 2 (6) (

a) is amended by striking out “ an extraprovincial society, ” and substituting “ an extraprovincial non-share corporation within the meaning of the Societies Act ”.

3 Rule 5 (2.2) is repealed and the following substituted:

If the third party is a society

(2.2) If the third party is a society within the meaning of the Societies Act , the defendant must file with the third party notice a printout of a search showing the delivery address and mailing address of the society’s registered office on file with the Registrar of Companies.

4 Rule 18 is amended

(

a) in subrule (3) by striking out “ a society incorporated under the Society Act , ” and substituting “ a society within the meaning of the Societies Act , ”,

(

b) in subrule (3) (

a) by striking out “ the address for service ” and substituting “ the mailing address of the society’s registered office ”,

(

c) in subrule (3) (b) (

i) by striking out “ the address for service ” and substituting “ the delivery address of the society’s registered office ”, and

(

d) by repealing subrule (4) and substituting the following:

How to serve an extraprovincial non-share corporation

(4) If the defendant is an extraprovincial non-share corporation within the meaning of the Societies Act , the notice of claim must be served

(

a) in accordance with

section 176 of that Act,

(

b) by mailing a copy of it by registered mail to the mailing address for an attorney, referred to in

section 170 of that Act, of the extraprovincial non-share corporation on file with the Registrar of Companies, or

(

c) if neither paragraph (

a) nor (

b) of this subrule applies, by following subrule (3) (b) (ii).

Copyright © 2016: Queen's Printer, Victoria, British Columbia, Canada