British Columbia Order in Council — Amendment to Small Claims Rules (O.C. 443/2021)

O.C. 443/2021

British Columbia — Orders in Council

PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. , Approved and Ordered Lieutenant Governor Executive Council Chambers, Victoria page 1 of 9 On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that , effective August 16, 2021, the Small Claims Rules, B.C. Reg. 261/93, are amended as set out in the attached Schedule. Attorney General and Minister Responsible for Housing Presiding Member of the Executive Council (This

part is for administrative purposes only and is not part of the Order.) Authority under which Order is made: Act and section: Court Rules Act, R.S.B.C. 1996, c. 80, s. 1; Small Claims Act, R.S.B.C. 1996, c. 430, s. 21 Other: OIC 1030/93 R20494055 443 July 12, 2021 J

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SCHEDULE 1 The Introduction and Rules 9 (9) (a), 9.1 (1), 12 (1) and (13) to (15) and 14 (5) of the Small Claims Rules, B.C. Reg. 261/ 93, are amended by striking out “ justice of the peace” wherever it appears and substituting “justice”. 2 The Introduction is amended by adding the following

definitions: “justice” means a judicial justice or a justice of the peace; “remotely”, in relation to attending a confer ence, hearing or mediation session, means by telephone, video conference or other means of electronic communication, rather than in person; “tribunal accident claim” means (

a) an accident claim, as defined in the Civil Resolution Tribunal Act, and (

b) a claim purported to be an acci dent claim, as defined in the Civil Resolution Tribunal Act; “virtually”, in relation to conducting a confer ence, hearing or mediation session, means by telephone, video conference or other means of electronic communication, rather than in person, with at least one participant attending remotely. 3 Rules 1 (1) and 1.1 (3) and (21) are amended by striking out “following the instructions on the form ” and substituting “ and an address for servi ce (Form 38), following the instructions on the forms”. 4 Rule 1 (2) is amended by adding “ and an address for service” after “a notice of claim”. 5 Rule 1.1 (8) is amended by adding the following paragraph: (

c) an address for service (Form 38). 6 Rule 1.1 is amended by adding the fo llowing subrule before the heading “ Serving a Notice of Civil Resolution Tribunal Claim”: Claimant who is not the filing party must file an address for service

(9.1) If a claim is continued under subrule (9) and the claimant is not the filing party, the claimant must file an address for servi ce (Form 38) and serve a copy on each of the other parties. 7 Rule 1.1 (10) is amended by adding the following paragraph: (

d) a blank address for service form (Form 38). 8 Rule 1.1 is amended by adding the fo llowing subrule before the heading “Replying to a Claim Continued under this Rule”:

page 3 of 9 If a party has not filed an address for service

(17.1) Until a party files an address for servic e (Form 38), documents must be served on the party at the address for service, if any, th at the party provided to the civil resolution tribunal. 9 Rule 1.1 is amended by adding the following subrule: Defendant who is not the filing party must file an address for service

(18.1) If a defendant’s response is continued unde r subrule (18) as a reply to a claim and the defendant is not the filing party, the defendant must file an address for service (Form 38) and serve a copy on each of the other parties. 10 Rules 1.1 (22) and 3 (3) are amended by adding “ and an address for service ” after “a reply”. 11 Rules 1.1 (24) and (33) and 3 (5 ) are amended by striking out “ a reply is filed ” and substituting “a reply and an address for service are filed”. 12 Rule 1.1 (32) is amended (

a) in paragraph (

a) by striking out “ following the instructions on the form. ” and substituting “ and an address for service foll owing the instructions on the forms.”, and (

b) in paragraph (

b) by adding “ and the address for service (Form 38), ” after “ the reply”. 13 Rule 1.1 is amended by adding the following subrule: Third party must file an address for service

(38.1) If a response made by a third party is c ontinued under subrule (38) as a reply to a claim made against the third party a nd the third party is not the filing party, the third party must file an address for service (Form 38) and serve a copy on each of the other parties. 14 Rule 2 (1) is amended (

a) by striking out “ and” at the end of paragraph (a), and (

b) by adding the following paragraphs: (

c) the claimant’s addr ess for service, and (

d) a blank address for service form (Form 38). 15 Rule 3 (2) is amended by striking out “ following the instructions on the form ” and substituting “ and an address for service (Form 38), following the instructions on the forms”. 16 Rule 5 (3) is amended by adding the following paragraphs:

page 4 of 9 (

g) a blank address for service form (Form 38); (

h) a copy of each party’ s address for service. 17 Rule 7.3 (15) is amen ded by striking out “he or she” and substituting “the mediator”. 18 Rule 7.3 (24) is amen ded by striking out “by telephone” and substituting “remotely”. 19 Rule 7.3 (25) is repealed and the following substituted: Application to attend mediation remotely

(25) The registrar may authorize one or more persons who are re quired or permitted to attend a mediation session under subr ule (17), (18) or (23) to attend the mediation session remotely if an application for that authorization is made to the registrar under Rule 16 (3) at least 7 days before the date set for the mediation session. 20 Rule 7.3 (26) (

a) is amended by striking out “ the person in relation to whom the authorization is given does not reside or carry on business within a reasonable distance from the location where the mediation session is to be conducted and”. 21 Rule 7.3 (27) (

b) is repealed and the following substituted: (

b) may order the person requesting to a ttend the mediation remotely to pay for the telephone call, video conference or other cost of th at person’s remote attendance. 22 Rule 7.5 (11) (c) (

i) is amended by striking out “ his or her ” and substituting “ the party’s”. 23 Rule 7.5 (12) is amen ded by striking out “in person”. 24 Rules 7.5 (17) and (18), 9.1 (26) and (27) , 9.2 (11) and (12) and 10 (9) and (10) are amended by striking out “ either personally or by a representative ” and substituting “either themselves or by a representative”. 25 Rule 9 is amended by add ing the following subrules: Witness may be ordered to attend remotely

(3.1) A party or a witness may apply to a judge , including a judge other than the trial judge, who may order a witness to attend court remotely. Trial judge may vary order to attend remotely

(3.2) Even though a judge has ordered a wi tness to attend court remotely under subrule (3.1), the trial judge may order a witness to attend in person or in another manner that the trial judge considers appropriate in the circumstances. 26 Rule 9 (9) is amended (

a) by striking out “ still required” and substituting “still required,”, and

page 5 of 9 (

b) in paragraph (

b) by striking out “ his or her” and substituting “the witness’s”. 27 Rule 11 is amended by ad ding the following subrule: Address for service form

(11.1) A creditor who wishes to collect paymen t under subrule (11) and has not yet filed an address for service (Form 38) must, in addition to doing anything set out in subrule (11), file an address for service and serve a copy on each of the other parties. 28 Rule 12 is amended by ad ding the following subrule: Address for service form

(10.1) A debtor who wishes to ask for a paymen t hearing and has not yet filed an address for service (Form 38) must file an address for service and serve a copy on each of the other parties. 29 Rules 12 (15) and 13 (9) are amended by repealing paragraph (

b) and substituting the following: (

b) present before a judge, either in pe rson or remotely, when the judge ordered the person to attend. 30 Rule 16 (2) is amended (

a) in paragraph (c.1) by striking out “ permitting a hearing to be conducted by telephone” and substituting “authorizing a person to attend a hearing or conference remotely (see Rule 17 (16.1)”, and (

b) in paragraph (c.3) by striking out “ by telephone” and substituting “remotely”. 31 Rule 16 is amended by ad ding the following subrule: Applicant must file and serve address for service

(3.1) If an applicant has not yet filed an a ddress for service (Form 38), the applicant must also file an address for service and serve a copy on each of the other parties. 32 Rule 16.1 (1) is amended by adding “ or a tribunal accident claim” after “a tribunal small claim”. 33 Rule 16.1 (2) (

a) and (3) is amended by adding “ or the tribunal accident claim” after “the tribunal small claim”. 34 Rule 16.1 (4) is amended by adding “ or tribunal accident claims” after “all tribunal small claims”. 35 Rule 16.1 (7) is repealed. 36 Rule 17 (16) and (16.1) is repe aled and the following substituted:

page 6 of 9 Hearings may be conducted virtually

(16) A conference, hearing or mediation session may be conducted virtually. Application for remote hearing

(16.1) An application to remotely attend a c onference or hearing, other than a trial, payment hearing or default hearing, must be made under Rule 16 (3) to a registrar and, if granted, the registrar (

a) must order that all documents relevant to the conference or hearing be sent to the court and the other parties before the conference or hearing, and (

b) may order the person requesting to attend the conference or hearing remotely to pay for the telephone call, video conference or other cost of that person’s remote attendance. Application for remote trial, payment hearing or default hearing

(16.2) An application to remotely attend a trial, payment hearing or default hearing must be made to a judge under Rule 16 (7). Parties may be required to appear in person

(16.3) A registrar, justice or judge who is conducting a conference or hearing virtually may adjourn the conference or hearing at any time and require participants to appear in person. 37 Rule 18 (12) (

c) is repealed and the following substituted: (

c) by emailing it to the person’s email address for service, unless the document is a notice of claim, a notice of civil resolution tribunal claim, a third party notice or a summons to a payment hear ing, to a default hearing or to a witness (see Rules 1.1 (10) to (17), 2, 5 (4), 9 (1), 12 (7) and 13 (5)). 38 Rule 18 (14) is amended by adding the following paragraph: (c.1) for service by email, a certificate of service (Form 4) with the following attached to the certificate: (

i) a printout of the first page of the email message that includes the sender’s name, the recipient’s email address, the date the email was sent and the time the email was sent; (ii) if the printout of the first page of the email message does not list the name of the document as an attachme nt to the email, a copy of the document; . 39 Rule 18 (16) is repealed and the following substituted: Change of address

(16) If a party’s address changes, the pa rty must file a new address for service (Form 38) and promptly serve a copy on each of the other parties. 40 Rule 18 (17) is repealed and the following substituted:

page 7 of 9 Types of addresses for service

(17) A party must, on an address for serv ice (Form 38), give both of the following types of addresses: (

a) an address for personal service that must be (

i) the party’s residence, place of business or solicitor’s office, if the party is not incorporated and not a partnership, or (ii) the party’s registered office, place of business or solicitor’s office, if the party is incorporated or a partnership; (

b) an address for service by mail or email that must be (

i) a mailing address, or (ii) an email address. 41 Rule 18 is amended by ad ding the following subrules: When service by email is deemed to be completed

(18) A document transmitted for service by email under this rule is deemed to be served as follows: (

a) if the document is transmitted before 4 p.m. on a day that is not a Saturday, Sunday or another holiday listed in the definition of “holiday” in the

Interpretation Act , the document is deemed to be served on the day of transmission; (

b) if the document is transmitted on a Saturday, Sunday or another holiday listed in the definition of “holiday” in the

Interpretation Act, or after 4 p.m. on any other day, the document is deemed to be served on the next day that is not a Saturday, Sunday or holiday. If document does not reach a person

(19) If a document was served by email in acco rdance with Rule 18 (12) (c), a person may show, on an application to set aside the consequences of default, on an application for an extension of time or on an application in support of a request for an adjournment, that the document (

a) did not come to the person’s notice, (

b) came to the person's notice later than when it was served or effectively served, or (

c) was incomplete or illegible. Transition

(20) If a person wishes to file a document a nd has not yet given an address for service (Form 38), the person must also file an address for service and serve a copy on each of the other parties. 42 Rule 22 (1) is amended by striking out “ Rules 4-2 (6) and 23-3 (1) to (3), (4) (a), (6) to (11), (12) to (14) and (16) to (18) of the Supreme Court Civil Rules apply ” and substituting “Rule 23-3 (1) to (3), (4) (a), (6) to (14) and (16) of the Supreme Court Civil Rules applies”.

page 8 of 9 43

Schedule B is amended by adding the attached Form 38.

page 9 of 9 FORM 38 ADDRESS FOR SERVICE IN THE PROVINCIAL COURT OF BRITISH COLUMBIA (SMALL CLAIMS COURT) In the case between CLAIMANT(

S) and ________ DEFENDANT(S) __________________________________________________________________ THIRD PARTY F Service by email: ___________________________________________________________ EMAIL ADDRESS F Service by mail: ________________________________________________________________________________________________________________________ _______________________________ STREET ADRESS APT NO.

BOX/RR NO. ________________________________________________________________________________________________________________________ ________________________________ CITY, TOWN PROVINCE POSTAL CODE TELEPHONE IͬǁĞĐŽŶĨŝƌŵƚŚĂƚŵǇͬŽƵƌĂĚĚƌĞƐƐĨŽƌƉĞƌƐŽŶĂůƐĞƌǀŝĐĞŝƐ͗ տ ^ĂŵĞĂƐ͞ƐĞƌǀŝĐĞďǇŵĂŝů͟ĂĚĚƌĞƐƐŶŽƚĞĚĂďŽǀĞ͕Žƌ __________________________________________________________________________________________________________________________________________________________ STREET ADDRESS APTNO. ____________________________________________________________________________________________________________________________________________________________ CITY, TOWN PROVINCE POSTAL CODE TELEPHONE FILL in the name(

s) of person;ƐͿ/party;ŝĞƐͿ filing this form. I/we, __________________________________________________________________________ _______________________________________________________________________________͕ confirm that my/our address for service is: MUST select one or both of these options. SELECT how you want to receive notice from the Court and other parties. If both options are selected, you will be served by one of the two options, not both. ENTER email address or full mailing address or both. MUST complete this section.

ENTER the address of your residence or registered office, your place of business, or your ƐŽůŝĐŝƚŽƌ’s office. CHANGE OF INFORMATION: ENTER date on which the new email, mailing or personal service address comes into effect.

INFORMATION for person filing this form. ^ŵĂůůůĂŝŵƐZƵůĞϭϴ;ϭϲͿƉƌŽǀŝĚĞƐŝĨĂŶĂĚĚƌĞƐƐĨŽƌƐĞƌǀŝĐĞĐŚĂŶŐĞƐ͕ƚŚĞƉĂƌƚǇŵƵƐƚĨŝůĞĂŶĞǁ ĚĚƌĞƐƐĨŽƌ^ĞƌǀŝĐĞ;&ŽƌŵϯϴͿǁŝƚŚƚŚĞŽƵƌƚZĞŐŝƐƚƌǇĂŶĚŵĂŝůŽƌĞŵĂŝůĂĐŽƉǇƚŽĂůůŽƚŚĞƌƉĂƌƚŝĞƐ͘ ǇƐƵďŵŝƚƚŝŶŐƚŚŝƐĨŽƌŵ͕/ͬǁĞĂĐŬŶŽǁůĞĚŐĞĂŶĚĂŐƌĞĞƚŽƌĞĐĞŝǀĞŶŽƚŝĐĞĨƌŽŵƚŚĞŽƵƌƚĂŶĚƚŚĞ ŽƚŚĞƌƉĂƌƚŝĞƐďǇŽŶĞŽĨƚŚĞŵĞƚŚŽĚƐƐĞůĞĐƚĞĚĂďŽǀĞ͘ Dated: _________________________ Party or Party’s Solicitor Sign, print or type name Registry File Number: Registry Location: (mmm/dd/yyyy) (mmm/dd/yyyy) BOX/RR NO.

F ŚĂŶŐĞŽĨŝŶĨŽƌŵĂƚŝŽŶ͗ DǇͬŽƵƌĂĚĚƌĞƐƐŚĂƐĐŚĂŶŐĞĚĂŶĚƚŚĞŶĞǁĂĚĚƌĞƐƐ;ĞƐͿĂƌĞĞĨĨĞĐƚŝǀĞŽŶ͗ ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 443/2021
Type	order_in_council
Volume / chapter	arc oic 0443 2021
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	876aa22bd6b0ad769fe8e7068e4daaf3e70cd210

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