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Volume 58, No. 22

219/2015

The British Columbia Gazette,

Part II

December 1, 2015

B.C. Reg. 219/2015 , deposited November 26, 2015, under the COURT RULES ACT [section 1]. Order in Council 730/2015, approved and ordered November 25, 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 the Provincial Court (Family) Rules, B.C. Reg. 417/98, are amended as set out in the attached Schedule.

— S. ANTON, Attorney General and Minister of Justice ; M. POLAK, Presiding Member of the Executive Council .

Schedule

1 Rule 6 (15) (

a) of the Provincial Court (Family) Rules, B.C. Reg. 417/98, is amended by striking out “ a justice ” and substituting “ a judge ”.

2 Rule 9 is amended

(

a) in subrule (2) by adding “ a protection order under

Part 9 of the Family Law Act , ” after “ a subpoena, ”,

(

b) in paragraph (10) (

b) by adding “ unless paragraph (b.1) applies, ” before “ in relation ”, and

(

c) in subrule (10) by adding the following paragraph:

(b.1) in relation to a protection order under

Part 9 of the Family Law Act served personally by a person who is at least 19 years of age, other than a peace officer or the person protected by the protection order, an affidavit of personal service in Form 5.1; .

3 Rule 18 is amended

(

a) in subrule (2) by striking out “ Unless ” and substituting “ Subject to subrule (2.1) and unless ”,

(

b) by adding the following subrule:

Clerk prepares protection order

(2.1) Unless the judge orders otherwise, a clerk must prepare a protection order under

Part 9 of the Family Law Act . ,

(

c) in subrule (4) by striking out “ , other than a protection order under

Part 9 of the Family Law Act , ” and by striking out “ that Act ” and substituting “ the Family Law Act ”, and

(

d) by adding the following subrule:

Order must be signed

(6.1) After a protection order under

Part 9 of the Family Law Act is prepared under subrule (2.1), it must be signed by a judge or by a person designated by a judge for this purpose.

4 The following Form is added:

Form 5.1 (Rule 9 (10) (b.1) )

AFFIDAVIT OF PERSONAL SERVICE OF PROTECTION ORDER

Court File No. ..............................

Court Location ..............................

In the Provincial Court of British Columbia

I swear or affirm that I, ......................[ name ]..........................., ..........................[ occupation ].................... of ................[ address ]......................... personally served ......................[ name of person served ]..................... on ......[ mmm/dd/yyyy ]...... at ...................................................[ address ].......................................................... with a copy of the attached protection order made under

Part 9 of the Family Law Act , marked as Exhibit “A”.

The party served was identified to me in this manner:

[ ]

I know the person.

[ ]

He/She admitted to being this person.

[ ]

Other ( specify ) ................................................

SWORN OR AFFIRMED BEFORE ME

at ..........[ city etc. ].........., British Columbia

on ......[ mmm/dd/yyyy ]......

........................................................................

.........................................................................

A commissioner for taking affidavits

for British Columbia

5 Form 8 is amended by striking out “ person before a judge ” and substituting “ person before a justice/judge ” and, in the signature block, by striking out “ [ name of judge ] ” and substituting “ [ name of justice/judge ] ”.

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