British Columbia Order in Council — Order under Court Rules The Provincial Court (Adult Guardianship) Rules are made (O.C. 161/2001)

O.C. 161/2001

British Columbia — Orders in Council

ney General nd Minister Responsible for man Rights PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. 161 , Approved and Ordered Lieutenant Governor Executive Council Chambers, Victoria On the recommendation of the undersigned given 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 attached Provincial Court (Adult Guardianship) Rules are made. Presiding Meilfber of the Executive Council (This

part is fior administrative purposes only and is not part of the Order.) Authority under which Order is made: Act and section:- Court Rules Act,

section 1 (2) Other (specify):- January 17, 2001 jr -, /2000/16

PROVINCIAL COURT (ADULT GUARDIANSHIP) RULES Contents RULE I —

INTERPRETATION AND PURPOSE

(1) Definitions

(2) Purpose RULE 2 — MAKING AND FILING AN APPLICATION (

I) How to apply for access orders

(2) How to apply for interim restraining orders

(3) How to apply for support and assistance orders and restraining orders

(4) Where to file an application under subrule (1), (2) or (3)

(5) How to apply for renewal, variation or cancellation of support and assistance orders

(6) How to apply for variation or cancellation of an existing restraining order

(7) Where to file other applications

(8) Hearings by telephone

(9) Some applications may be granted without a hearing

(10) To apply for an order, except a consent order, without a hearing

(11) To apply for a consent order

(12) Judge may sign consent order or require parties to attend

(13) Notice of appearance if parties required to attend

(14) To apply for other orders requiring a hearing RULE 3 — FIRST AND SUBSEQUENT APPEARANCES IN COURT

(1) Setting the hearing date

(2) Issue of notice to appear if interim or other restraining order is sought

(3) Service of notice to appear if interim or other restraining order is sought

(4) Options for the judge

(5) If the respondent does not appear in court

(6) How long a warrant is in force

(7) After respondent is arrested

(8) Release of respondent

(9) Notice to applicant of appearance

(10) If respondent does not comply with release RULE 4 — WITNESSES

(1) How to subpoena a witness

(2) Travelling expenses

(3) What a witness served with a subpoena must do

(4) Subpoena may be cancelled

(5) If a witness does not obey a subpoena

(6) How long a warrant for arrest of witness is in force

(7) After a witness is arrested

(8) What the judge may do when the witness appears

(9) Conditions of release RULE 5 - HEARINGS

(1) How evidence is given 1 of 41

(2) Oral evidence

(3) If someone does not appear

(4) Advance notice of experts' evidence required

(5) Experts' reports must be given in advance

(6) Persons who are not experts

(7) Experts' qualifications

(8) Proof of signature not required

(9) Experts may be called for cross-examination

(10) Cost of calling other party's expert RULE 6 — AFFIDAVITS (

I) What form to use

(2) Exhibits

(3) Permission to use defective affidavit

(4) Affidavit must be filed and served

(5) Deponent may be examined RULE 7 — SERVICE AND PROVING SERVICE

(1) Service requirements — general rule

(2) If the application is for cancellation of a subpoena

(3) Documents to be served with the application

(4) When service is not required

(5) General rule about how documents may be served

(6) Exceptions

(7) Personal service required for notice to appear

(8) Permission to use other service methods

(9) Proving service

(10) Judge may require copy of served document

(11) Oral proof of service RULE 8 — ORDERS

(1) Effective date of order

(2) Correcting an order

(3) Preparation and form of order

(4) Who prepares the order

(5) Clerk prepares the order for unrepresented party

(6) Approving the form of the order

(7) Settling the order

(8) Delivering the order to the registry

(9) Notice of order RULE 9 — GENERAL

(1) Judge may adjourn hearing

(2) Judge's permission necessary for adjournment

(3) Judge may shorten or extend time limits

(4) Changing or cancelling orders

(5) Order may be made without notice

(6) Notice of proceedings and adding parties

(7) Powers that any judge may exercise

(8) Judge who starts a hearing must continue

(9) If judge cannot finish the hearing

(10) Judge may give directions (1

I) Judge may order transfer of file

(12) Transfer of file by consent 2 of 41

(13) Copy permissible in some circumstances

(14) Who may search files

(15) If a party does not comply with the rules

(16) Fa) ed documents

(17) Appendix A forms

(18) Us( r generated forms

(19) Pra:tice directions

(20) Judge may order production of records APPENDIX A — FORMS 3 of 41

RULE 1 —

INTERPRETATION AND PURPOSE

Definitions

(1) In these rules: "access order" means an order under

section 49 (2) of the Act authorizing either or both of the following: (

a) someone from a designated agency to enter premises and to interview the adult; (

b) a health care provider to enter premises to examine the adult to determine whether health care should be provided; "Act" means the Adult Guardianship Act; "adult" means a person who is the subject of (

a) an investigation described in

section 47 (3) (

d) of the Act, or (

b) an application under

section 51 (1) (

e) or 54 of the Act; "assessment particulars" means the written details and results of an assessment provided under

section 6 of the Adult Guardianship (Abuse and Neglect) Regu- lation, B.C. Reg. 13/2000; "assessment report" means an incapability assessment report in the form required under

section 6 of the Adult Guardianship (Abuse and Neglect) Regulation, B.C. Reg. 13/2000; "clerk" means a member of the registry staff; "court" means the Provincial Court; "designated agency" means any public body, organization or person that, under the Designated Agencies Regulation, B.C. Reg. 76/2000, is designated as an agency for the purposes of

Part 3 of the Act; "interim restraining order" means an order made under

section 51 (1) (

e) of the Act; "party" includes (

a) the applicant, (

b) the adult, (

c) each respondent, and (

d) anyone the court decides is a party; "registry" means a registry of the court where family matters are dealt with; "respondent" means, (

a) in the case of an application for an access order, the adult, (

b) in the case of an application for an interim restraining order, both the person against whom the order is sought and the adult, (

c) in the case of an application for a support and assistance order or a restraining order, each person listed in

section 54 (2) of the Act, 4 of 41

(

d) in the case of an application to renew, change or cancel an existing order, the person who applied for, and each person who was required to be served with, the application for the existing order, and (

e) in the case of any other application, the person named as the respondent in the application; "restraining order" means an order made under

section 56 (3) (

c) of the Act; "support and assistance order" means an order made under

section 56 (3) (a), (

d) or (

e) of the Act. Purpose (2) 'The purpose of these rules is to allow decisions about matters arising under

Part 3 of the Act [Support and Assistance for Abused and Neglected Adults] to be obtained from the court as fairly, quickly and inexpensively as possible. 5 of41

RULE 2 - MAKING AND FILING AN APPLICATION How to apply for access orders

(1) To apply for an access order, a designated agency must complete an application in Form 1 and file with the court (

a) the completed application, and (

b) an affidavit setting out the facts on which the application is based. How to apply for interim restraining orders

(2) To apply for an interim restraining order, a designated agency must complete an application in Form 1 and tile with the court (

a) the completed application, (

b) an affidavit setting out the facts on which the application is based, and (

c) a draft notice to appear in Form 2 to the person against whom the order is sought. How to apply for support and assistance orders and restraining orders

(3) To apply for a support and assistance order, a restraining order or both, a designated agency must complete an application in Form 1 and file with the court (

a) the completed application, (

b) a support and assistance plan that complies with

section 54 (3) (

a) of the Act, (

c) the assessment particulars relating to the adult, (

d) an assessment report relating to the adult, and (

e) in addition, if a restraining order is sought, a draft notice to appear in Form 2 to the person against whom the order is sought. [See the Provincial Court (Family) Rules for how to apply for an order for parental maintenance under

Part 7 of the Family Relations Act.] Where to file an application under subrule (1), (2) or (3)

(4) An application for an order referred to in subrule (1), (2) or (3) must be filed in the registry closest to the adult's habitual residence unless a judge permits otherwise. How to apply for renewal, variation or cancellation of support and assistance orders

(5) To apply for an order renewing, changing or cancelling a support and assistance order, a designated agency must complete an application in Form 3 and file with the court (

a) the completed application, and (

b) if the need for the existing order was reviewed under

section 57 of the Act, a report on the review. 6 of 41

How to apply for variation or cancellation of an existing restraining order

(6) To apply for an order changing or cancelling a restraining order, the person against whom that order was made must complete an application in Form 3 and file the completed application with the court. Where to file other applications

(7) An application for an order, other than an order referred to in subrule (1), (2) or (3), must be filed in the registry where the file is located, unless a judge permits otherwise. Hearings by telephone

(8) A judge may conduct a hearing or part of a hearing by telephone in appropriate circumstances. Some applications may be granted without a hearing

(9) A judge may make the following orders without a hearing: (

a) an order under rule 7 (8) permitting another method of service; (

b) an order under rule 9 (3) (

a) waiving or modifying a time limit set by these rules or the court; (

c) an order under rule 9 (3) (

b) waiving or modifying any service or notice requirement of these rules. To apply for an order, except a consent order, without a hearing

(10) To apply for an order to be made under subrule (9), a party must complete an application in Form 4 and file with the court under subrule (7) (

a) the completed application, and (

b) an affidavit setting out the facts on which the application is based. To apply for a consent order

(11) To apply for a consent order, a person must complete an application in Form 5 and file with the court under subrule (7) (

a) the completed application, (

b) a draft consent order in Form 6 containing the particulars of the order sought, and (

c) an affidavit setting out the facts on which the application is based. Judge may sign consent order or require parties to attend

(12) A clerk must place the application, draft consent order and supporting documents before a judge who (

a) if satisfied that consent is given and that it is appropriate to make the order, may approve and sign the consent order without the parties having to attend, or 7 of 41

(

b) may direct that the parties and any other person specified by the judge attend before the judge to explain why the order should be made. Notice of appearance if parties required to attend

(13) If a direction is given under subrule (12) (b), a clerk must notify the parties and any other person specified by the judge of the date, time and place for the court appearance. To apply for other orders requiring a hearing

(14) To apply for cancellation of a subpoena or for any procedural order or direction not mentioned in this rule, a person (

a) must complete an application in Form 4 and file the completed application with the court under subrule (7), and (

b) may file with the application an affidavit setting out the facts on which the application is based. [For service of applications see sections 51 (2) and 54 (2) of the Act and Rule 7. The Act requires applications for interim restraining orders to be served on the persons listed in

section 51 (2), and applications for support and assistance orders and restraining orders to be served on the persons listed in

section 54 (2), within 72 hours after the applications are filed with the court. Rule 7 includes a general rule about service of applications and special rules about service and how to prove service.] 8 of 41

RULE 3 — FIRST AND SUBSEQUENT APPEARANCES IN COURT Setting the hearing date

(1) Except in the case of an application for an order referred to in rule 2 (9) or (11), a clerk must (

a) set the date, time and place for hearing the application, and (

b) enter those details on the application form before it is accepted for filing and on any notice to appear issued under subrule (2) relating to the application. Issue of notice to appear if Interim or other restraining order Is sought

(2) If a draft notice to appear (Form 2) is filed with an application for an interim restraining order or a restraining order, a clerk must complete the notice to appear and issue it to the applicant. Service of notice to appear if interim or other restraining order Is sought

(3) Unless permission is granted under rule 7 (8) to use a different method of service, (

a) both a notice to appear issued under subrule (2) and the related application for the interim restraining order or the restraining order must, within 72 hours after the filing of the application, be personally served on the person against whom the order is sought, and (

b) the applicant must arrange to have the notice to appear and the related application served on the adult in accordance with paragraph (

a) by an individual who is at least 19 years of age. [Section 51 (2) of the Act requires that the adult be served, within the 72 hour period, with a copy of the application for an interim restraining order.

Section 54 (2) of the Act lists the persons who, in addition to the person against whom the restraining order is sought, must be served, within the 72 hour period, with a copy of the application for a restraining order. Rule 7 (5) specifies the permitted methods for serving a copy of an application for an interim restraining order or for a restraining orders on the adult and anyone else required to be served, other than the person against whom the orders are sought.] Options for the judge

(4) The judge at the first appearance or any subsequent appearance may do one or more of the following: (

a) order a party to allow another party to inspect and copy records, specified in the order, that are or have been in that other party's possession or control or, if not in that other party's possession or control, are within the other party's power; (

b) hear evidence and make the order sought in the application; (

c) make any other order or give any direction that the judge considers appro- priate. 9 of 41

If the respondent does not appear in court

(5) If a respondent fails to appear in court on the date and at the time and place specified on a document served on the respondent under the Act or these rules, or as directed by a judge, a judge may do one or more of the following: (

a) draw any inference from that failure that the judge considers appropriate, including an inference that the respondent consents to the order sought by the applicant; (

b) if the judge considers that the circumstances justify it and that it is fair to do so in the respondent's absence, make the order sought by the applicant; (

c) issue a notice to appear in Form 2 to be served on the respondent; (

d) if the respondent was personally served with a notice to appear on that date and at that time or was present in court when the date for the court appearance was set, issue a warrant in Form 7 for the arrest of the respondent. How long a warrant is in force

(6) A warrant under subrule (5) (

d) remains in force until (

a) the respondent named in the warrant appears in court either voluntarily or under the warrant, or (

b) a justice cancels the warrant. After respondent is arrested

(7) A respondent who is arrested under a warrant must be brought before a justice as soon as practicable. Release of respondent

(8) The justice must release the respondent on gi' tig the respondent a release in Form 8 requiring the respondent to appear in court on the date and at the time and place stated in the release. Notice to applicant of appearance

(9) A clerk must notify the applicant regarding the date, time and place of the appearance stated in the release. If respondent does not comply with release

(10) If the respondent does not appear in court on the date and at the time stated on the release, the judge may (

a) issue a warrant in Form 7 for the arrest of the respondent and order that the respondent be brought to a judge promptly on that arrest, or (

b) do anything described in subrule (5) (

a) or (b). 10 of 41

RULE 4 - WITNESSES How to subpoena a witness

(1) To require a witness to attend court, a party must (

a) complete a subpoena in Form 9, and (

b) serve a copy of the subpoena on the witness personally at least 7 days before the date the witness is required to appear. Travelling expenses

(2) At the time the subpoena is served, the party subpoenaing the witness must offer the witness reasonable estimated travelling expense. What a witness served with a subpoena must do

(3) A person who is served with a subpoena must (

a) appear in court on the date and at the time and place stated on the subpoena, and (

b) bring to court any records and other things required by the subpoena. Subpoena may be cancelled

(4) Not less than 2 days before the date a per ;on served with a subpoena is to appear in court, the person may apply under rule 2 (14) to a judge who may cancel the subpoena if (

a) the person is not needed as a witness, or (

b) it would be a hardship for the person to appear in court as required by the subpoena. If a witness does not obey a subpoena

(5) A judge may issue a warrant in Form 7 for the arrest of a witness who does not appear in court as required by a subpoena if the judge is satisfied that (

a) the subpoena was served on the witness, (

b) reasonable travelling expenses were offered to the witness, and (

c) justice requires the presence of the witness. How long a warrant for arrest of witness is in force

(6) A warrant remains in force until (

a) the witness named in the warrant appears in court either voluntarily or under the warrant, or (

b) a judge cancels the warrant. After a witness is arrested

(7) A witness who is arrested under a warrant must be brought before a judge or justice of the peace as soon as practicable. 11 of 41

What the judge may do when the witness appears

(8) If the witness's evidence is still required, the judge may (

a) release the witness on giving the witness a release in Form 8 requiring the witness to appear in court on the date and at the time and place stated in the release, or (

b) order a sheriff or peace officer to detain the witness in custody until his or her presence is no longer required. Conditions of release

(9) A judge may make the release of a witness under subrule (8) (

a) subject to any conditions respecting reporting or residency or entering into a recognizance that the judge considers necessary to make sure the witness attends. 12 of 41

RULE 5 - HEARINGS How evidence Is given

(1) At a hearing, evidence may be given orally or, unless the judge orders otherwise, by (

a) affidavit, or (

b) statements of facts agreed to by the parties. (See Rule 6 for affidavit requirements.] Oral evidence

(2) Oral evidence may be given by a person (

a) under oath or affirmation, or (

b) if

section 5 (3) of the Evidence Act applies, on the person promising to tell the truth. If someone does not appear

(3) If a person who is served with an application does not appear in court on the date and at the time and place set for the hearing, the judge may hear the application and make the order applied for if the judge thinks it is fair to do so in that person's absence. Advance notice of experts' evidence required

(4) A party may call an expert to give evidence of the expert's opinion, but only if (

a) the party provides a written

summary of the expert's evidence to all other parties at least 30 days before the expert is called to give evidence, or (

b) a judge grants permission. Experts' reports must be given in advance

(5) Instead of calling an expert to give evidence, a party may introduce a report stating opinions of an expert, but only if (

a) the party provides a copy of the report to all other parties at least 30 days before the report is introduced, or (

b) a judge grants permission. Persons who are not experts

(6) A designated agency and an assessor authorized under the Adult Guardianship (Abuse and Neglect) Regulation are not experts for the purposes of notice under subrule (4) or (5). Experts' qualifications (7 ) A statement of qualifications in an expert's report is proof that the expert has those qualifications unless there is evidence to the contrary. 13 of 41

Proof of signature not required

(8) A report stating the opinions of an expert may be introduced without proof of the expert's signature. Experts may be called for cross-examination

(9) A party receiving another party's expert report may serve on the other party, at least 14 days before the hearing date, a notice requiring the expert to attend the hearing for cross-examination. Cost of calling other party's expert

(10) If a judge determines that calling another party's expert was unnecessary, the judge may order the party who required the expert to attend to pay to the other party the reasonable costs associated with the expert's attendance. 14 of 41

RULE 6 - AFFIDAVITS What form to use

(1) If an affidavit is permitted under these rules, it must be in Form 10. Exhibits

(2) Any exhibits referred to in an affidavit must be identified and attached to the affidavit. Permission to use defective affidavit

(3) With the permission of the judge, an affidavit may be used in evidence even though it does not comply in form with this rule. Affidavit must be filed and served

(4) Evidence may be given by affidavit at a hearing only if, at least 7 days before the date of the hearing, (

a) copies of the affidavit are filed in the registry, and (

b) a copy of the affidavit is served on everyone who is entitled to notice of the hearing. Deponent may be examined

(5) If evidence is given by affidavit, the judge may, at the request of a party or on the judge's own motion, order that the deponent attend the court for cross-examination. 15 of 41

RULE 7 - SERVICE AND PROVING SERVICE Service requirements — general rule

(1) Unless the Act or these rules provide otherwise, an application must be served at least 7 days before the date set for the hearing on the following persons: (

a) if the application is for an interim restraining order, the persons required to be served under

section 51 (2) of the Act; (

b) if the application is for a support and assistance order or a restraining order, the persons required to be served under

section 54 (2) of the Act; (

c) if the application is to renew, change or cancel an existing order, the person who applied for, and the persons who were required to be served with, the application for the existing order; (

d) in the case of an application other than one referred to in any of paragraphs (

a) to (c), on the other parties. [See

section 51 (2) of the Act for additional requirement for service of an application for an interim restraining order and

section 54 (2) of the Act, for an additional requirement for service of an application for a support and assistance order, including a restraining order. Both sections require those applications to be served within 72 hours after filing] If the application is for cancellation of a subpoena

(2) An application for cancellation of a subpoena must be served, at least 2 days before the date the witness is to appear in court, on the party subpoenaing the witness. Documents to be served with the application

(3) The persons required to be served under subrule (1) or (2) must also be served, at the time the application is served, with a copy of each document filed under Rule 2 in support of the application, other than the assessment particulars. When service Is not required

(4) Service of an application is not required if (

a) the application is for an order referred to in Rule 2 (9), or (

b) a judge so orders. General rule about how documents may be served

(5) A document required by the Act or these rules to be served may be served as follows: (

a) on an individual, including a party, (

i) by leaving a copy with him or her, (ii) by registered mail to the individual's last known postal address, (iii) by faxing it, together with a fax cover page in Form 11, to the fax number provided by the individual, or 16 of 41

(iv) if the individual is a party who has a lawyer of record, by leaving a copy at, or by faxing it, together with a fax cover page in Form 11, to, that lawyer's office; (

b) on a designated agency, whether or not incorporated under the Society Act, (

i) by leaving a copy with a representative of that agency, (ii) by registered mail to the agency's postal address, or (iii) by faxing it, together with a fax cover page in Form 11, to the fax number provided by the agency; (

c) on a society incorporated under the Society Act, other than a designated agency, (

i) by leaving a copy (

A) at the address for service on file with the Registrar of Companies, (

B) with a director or officer of the society, or (

C) with a receptionist at the society's office; (ii) by registered mail to the address for service on file with the Registrar of Companies, or (iii) by faxing it, together with a fax cover page in Form 11, to the fax number provided by the society, (

d) on any other person, including the Public Guardian and Trustee, (

i) by leaving a copy with a receptionist or other employee at that person's place of business, (ii) by registered mail to the person's postal address, (iii) by faxing it, together with a fax cover page in Form 11, to the fax number provided by the person. Exceptions

(6) Subrule (5) does not apply to the following: (

a) service of a notice to appear; (

b) service of an application for an interim restraining order or restraining order on the person against whom the order is sought; (

c) service of a subpoena. [See: • subrule (7) fir how to serve a notice to appear issued under Rule 3 (5) (c); • Rule 3 (3)16r how to serve a notice to appear, and a related application for an interim restraining order or restraining order, on the person against whom the order is sought; • Rule 4 ( I) (

b) for how to serve a subpoena.] Personal service required for notice to appear

(7) Unless permission is granted under subrule (8) to use a different method of service, 17 of 41

(

a) a notice to appear issued under rule 3 (5) (

c) must be personally served on the respondent at least 7 days before the date of the hearing referred to in the notice, and (

b) the applicant must arrange to have the notice to appear served in accordance with paragraph (

a) by an individual who is at least 19 years of age. Permission to use other service methods

(8) If a document cannot be served as provided in these rules or if the person to be served is temporarily outside British Columbia, a party may apply to a judge who may (

a) permit another method of service to be used, and (

b) direct how service is to be proved. Proving service

(9) Service of a document may be proved by filing the following at the registry: (

a) for personal service of a document, a certificate of service (Form 12), (

b) for service by registered mail, a certificate of service (Form 12), with attached to the certificate a copy of the document and one of the following: (

i) a copy, produced by fax or otherwise, of the signature obtained by Canada Post at the time the document was delivered; (ii) a print out of the delivery confirmation made available on the Internet by Canada Post; (

c) for personal service on a lawyer, a copy of the document signed by the lawyer or an articled student or by a partner or employee of the firm; (

d) for service by fax, a certificate of service (Form 12) with a transmission report generated by the sending machine. Judge may require copy of served document

(10) A judge may require that a copy of the served document be attached to the certificate of service (Form 12). Oral proof of service

(11) Instead of requiring proof of service under subrule (9), a judge or registrar may allow a person to prove by sworn oral evidence that the person has personally served a document. 18 of 41

RULE 8 - ORDERS Effective date of order

(1) An order takes effect on the day it was made by a judge unless the judge orders otherwise. Correcting an order

(2) Any judge may correct, at any time, a clerical mistake in an order or a mistake arising from an accidental slip or omission. Preparation and form of order

(3) An order must be prepared as soon as practicable and must be (

a) in Form 13 in the case of an access order, (

b) in Form 14 in the case of an interim restraining order or a restraining order, (

c) in Form 15 in the case of a support and assistance order, (

d) in Form 16 in the case of an order renewing, changing or cancelling another order, and (

e) in Form 17 in the case of any other order, except a consent order. [Rule 2 (

I) requires a consent order to be in Form 6.] Who prepares the order

(4) The applicant must prepare the order unless (

a) the judge orders otherwise, or (

b) the order is made under

section 58 of the Act [change or cancellation of restraining order] and the applicant is not represented by a lawyer. Clerk prepares the order for unrepresented party

(5) Unless the judge orders otherwise, if the applicant for an order under

section 58 of the Act is not represented by a lawyer, a clerk must, as soon as practicable, prepare the order in the applicable form. Approving the form of the order

(6) Unless a judge orders otherwise, an order that i s prepared by a party's lawyer must be signed as approved (

a) by the party's lawyer, and (

b) if any other party is represented by a lawyer, by the other party's lawyer. Settling the order

(7) A party may apply to a judge to settle the terms of an order if there is a dispute about the terms. 19 of 41

Delivering the order to the registry

(8) After an order is signed as approved in accordance with subrule (6), (

a) it must be delivered to the registry to be signed by a judge, filed with the court and date stamped with the registry stamp, and (

b) any document required by a judge to be filed with the order must be delivered for filing at the same time, or the order ceases to have effect. Notice of order

(9) Unless the judge orders otherwise, after an order is signed by the judge and filed with the court, a clerk must provide a filed copy of the order to the parties or their lawyers. 20 of 41

RULE 9 - GENERAL Judge may adjourn hearing

(1) Whether or not the parties consent, a judge may adjourn a hearing to a specific date or without specifying a date. Judge's permission necessary for adjournment

(2) A hearing may be adjourned only with the permission of a judge. Judge may shorten or extend time limits

(3) A judge may do one or more of the following: (

a) waive or modify a time limit set by these rules or by an order of the court even after the time limit has expired; (

b) waive or modify any service or notice requirement under these rules; (

c) permit any other means of proof instead of that required by these rules. Changing or cancelling orders

(4) A judge may change or cancel an order made in the absence of a party who received notice of a hearing if (

a) that party applies within a reasonable time, (

b) the party had a good reason for failing to attend when the order was made, (

c) there is a good reason for changing or cancelling the order, and (

d) the change or cancellation would be in the adult's best interests. Order may be made without notice

(5) If a matter is urgent or special circumstances exist, a judge may make an order without a person having been served with a copy of an application. Notice of proceedings and adding parties

(6) A judge may, at any time, do one or more of the following: (

a) order that a person, whether or not a party, be given notice of a hearing; (

b) order that a person be added as a party for purposes of a hearing or the proceedings generally; (

c) dispense with a requirement that notice of a hearing be given to a person who is not a party. Powers that any judge may exercise

(7) Any judge may do any of the following without being seized of a matter: (

a) adjourn a hearing before evidence is heard; (

b) make orders or give directions on procedural matters. 21 of 41

Judge who starts a hearing must continue

(8) Subject to subrule (9), a judge who has heard any evidence at a hearing must finish the hearing unless the judge dies or is otherwise unable to act. If judge cannot finish the hearing

(9) If a judge who has begun to hear evidence dies or is otherwise unable to act, another judge will hear the case and that judge may (

a) start the hearing again and re-hear all the evidence, or (

b) with the consent of the parties, continue with the hearing where it left off, giving directions for hearing evidence as the judge considers necessary. Judge may give directions

(10) A judge may give a direction on any procedural matter that is not provided for in the Act or these rules. Judge may order transfer of file

(11) A judge may order a file transferred to another registry, for the purposes of one application or for all purposes, after considering (

a) the balance of convenience, (

b) any special circumstances that exist, and (

c) the adult's best interests. Transfer of file by consent

(12) If the parties agree, a clerk may transfer a file to another registry, for the purposes of one application or for all purposes, if the parties (

a) complete a written and signed consent to the transfer, and (

b) tile the consent in the registry where the file is located. Copy permissible in some circumstances

(13) With the judge's permission, a copy of a document may be used in court instead of the original. Who may search files

(14) Only the following are entitled to search a registry file respecting a matter under the Act: (

a) a party; (

b) a party's lawyer; (

c) a person authorized by a party, by a party's lawyer or by a judge. If a party does not comply with the rules

(15) If a party does not comply with these rules, the judge may 22 of 41

(

a) cancel a step taken or an order made or disregard a document filed in the course of the application, or (

b) make any order or give any direction that the judge thinks is fair, including an order dismissing the application. Faxed documents

(16) Any document may be filed in a registry by faxing it to that registry, but a judge may require that the original of a document be filed later. Appendix A forms

(17) The forms in Appendix A are prescribed for the following purposes: (

a) Forms 1 to 17, for the purposes of these rules; (

b) Form 18, for the purposes of

section 49 (3) of the Act. User generated forms

(18) Forms generated by the user must (

a) be in substantial compliance with the prescribed forms, and (

b) show the applicable words of the prescribed form in regular type and the words supplied by the user in boldface type. Practice directions

(19) The chief judge of the court may issue practice directions consistent with these rules and their purpose. Judge may order production of records

(20) On application, a judge may order a person who possesses or controls a record that is relevant to the proceedings and on whom notice has been served in accordance with Rule 7 (1) to produce the record for inspection and copying on the date, at the time and place and in the manner the judge thinks is fair. 23 of 41

In the matter of: ADutra NAME Filed by: NAAR APPLICANT ADORES& FOR leariACE CITY PROVINCE POSTAL CODE PHONE FAX POO& Notice to: DATE OF itatTh Mu 00 Will I I I I RESPONDENT MOMS FOR SERVICE COY PROVINCE POSTAL C001 PHONE FAX And to: WA OF ADIS T CATE OF MTN ARAI CO YVYY I I I I MORON FOR SOME CITY PROVINCE /OVAL COCE PHONE FAX And to: NOM ADDRESS FOR &MACE CITY Pncromelf POSTAL MOE NOSE FAX And to: NAME ADONIS FOR MINCE cm PROVINCE POSTAL COOS PHONE FAX And to: WO ADDRISII FOR NEIVICE CITY PROVINCE POEM CODE MAO FAX Case name Nose or the adult aato Is IM sutSoct of the Investigation.

Mamas and Adelman of other persons who must M served. includnill Ste adult who la Eta subled al the application. "0 0 0 z 0 0 07 z 0 D m 70 Designated pansy* MIRO arid address for servIca. flespondant's name and address for ..Mc.. APPENDIX A FORM I APPLICATION TO OBTAIN AN ORDER k it ••• In the Provincial Court of British Columbia C8oLu RrmarA fISH Under

Part 3 of the Adult Guardianship Act COAT PIE JCL COURT LOCATION- What is the deeignMed agency asking for In thee appieceSon7 Cheek I'. apt:soprano WON) and attach the dowries. indleatal ❑ Access Order — An Affidavit is attached. ❑ Interim restraining order - M Affidavit and a Notice to Appear are attached. ❑ Support and assistance order — A support and assistance plan, assessment particulars and assessment report are attached. ❑ Restraining order — A support and assistance plan, assessment particulars, an assessment report and a Notice to Appear are attached.

Sign your Nene and stele lodels date Stale name of Inner. if any Sip*. Ce sffical appk.e. Sew inne al applicoft bow PIA 842 Re. 1200 Farm (OPC 1130134001) 24 of 41

NOTICE TO APPEAR In the Provincial Court of British Columbia Under

Part 3 of the Adult Guardianship Act To: Mal RESPONDENT art 40011.111 PM PORN.

COX ROW Case name Respondent's name and address for owvice 0 m 0 "a Court FM Number: Court Load= In the matter of: /OA T1 MANI FORM 2 PFD 114/ 01100 Fan. 2 • WMI CI MOW= MilINCT has applied for 0 a restraining order • an interim restraining order against you under the Adult Guardianship Act. '..i • You failed to appear in court on at COURT UXATOM as specified on the mum' served on you. • You failed to appear in court on coarr LocAn..ia at as directed by the Honourable Judge "d""" low 1 OD I 1"m i on You must appear before a judge of the Provincial Court, to respond to the application, L ... 1 co 1 :±1 1 on at 1" .._..._m_ at The application a attached.

If you do not appear, the Court mil make an order in your absence or may Issue a warrant for your wrest. 1 Oy **cart yr • Cart ea WON d (Nam rap; Why an you bang notIliar? When must you awe& When • tn. court PO aloe 25 of 41

In the matter of: ADULTS NAME Flied by: NAM APPLICANT frames FOR SERWE MY PROvalCE POSTAL COPE PROW FAX Notice to: awe RESPONDENT MOMS FOR IOWA COY FewviC11 POSTAL O'XE IRICNI FM And to: wo n't % YYYY AWL Ill rOLME II I I 60001016 FOR MANCE OTY FROVINCI POSTAL CODE PROM FAX And to: NAME AOORESS FOR IIRVICI MY PROVINCE POSTAL COPE PROPS FAX And to: NAME MORRIS FOR IMFMOI arf PROW= POEM. CON PROM FAX And to: NAME ALORESS FOR NRUIC33 OW MONROE FOSTh.

COOL PHONE FAX LAM co rm. • I ask that the attached order dated I I I J oe be renewed as follows: OR, no oo rery 1 I I ask that the attached order dated I I be changed as follows: 1 I From: To: OR, red go ,,,, I / I ask that the attached order dated I be cancelled. I I _ I Allyabow d Maori a soplawCA lame/ None nolesth leen. r 0 0 0 0 0 rn 0 73

C) m r 0 FORM 3 APPLICATION TO RENEW, CHANGE OR CANCEL AN ORDER In the Provincial Court of British Columbia Under

Part 3 of the Adult Guardianship Ad COURT PM IC_ mutt LOCATOR What comma 10 Ihe NOW a. You asking tor? Plasm eleeorhe. and mplia her, alley we needed. MIKA addictrl sheet d you MIURA mete space lo descrte the Menges requested. Signyour name end s today% delo Stag nem d loner, t any. RFA543 Rev 1200 Fenn 3 tOPC 7610064002) Cass name aa R wears on Itte code. Your name and wont address to service. Other parlys name and adelmee for eenice. Proem and addrurree of *Ow weans she MAST be inroad. wawans the Mutt oho le the sutaect d On arodkahon. 26 of 41

Case name Your current address toe esevloe FORM 4 Address tor enrolee of other party. APPLICATION FOR OTHER ORDERS In the Provincial Court of British Columbia Under

Part 3 of the Adult Guardianship Act Cann FY Moiler. Cost inCellta When and When 14 NS ONTO Main date end time from Inn revelry. What ere you *eking for in Silo appllaellon7 Sign your name. and stele todey's dole. Stele name of lawyer, Many. P4 A 444 Fan 0700 4 In the matter of: A011 , 11110&& Flied by: iva. mom FOR WWI CM 14404401 MEMO= FuONI 444 Notice to: WAN MOMS ION WYK* an mama POCK COM 14004! MX WAR OF PERSON 14■440 APPLKATION COURT IOC 171014 on I l" I a I "'Y I at r" m. for an order(

s) as set out beim r -I> 0 z -n 0 0 will apply to this court at I 73 DOM, al ordsr(

s) npuseled: m 70 to [1] An affidavit in support of this application Is attached Dated L"1`°171 P oa Wrier or WY Inv% so. 44054•11on 27 of 41

APPLICATION FOR A CONSENT ORDER In the Provincial Court of British Columbia Under

Part 3 of the Adult Guardianship Act Dd.! "' I D' I I WINN* scream lioperants *pow D. I tam I co l ■re_v FORM 5 affgA Case name State M ISMS Cl mos•nt. arm co pill dory) Ensure thal bod) *dies have signed end Mod Ns Donsont ard Pod their 1/2111110•11 %Amami 6161146 Fenn 6 28 of 41 Court Rs Mw*on car LOpilk. In the matter of: own ewe To a judge of the Provincial Court of British Columbia We agree as follows: We consent to an order in the attached form. An affidavit is attached Note to the parties: You may seek Independent legal advice prior to signing this Consent. Approved and consented to: oftWas■ mme. irsam D. 1 "41 1 " I nw I Da" I '4" 1 " "" I

FORM 6 CONSENT ORDER In the Provincial Court of British Columbia Under

Part 3 of the Adult Guardianship Act 1•A Case name ippon on hi applaellott PIA W Raw O7 paw IP day, the we BEFORE THE HONOURABLE JUDGE way in Ma matt*, of: MATO WIN On the application of "It A without a hearing after a hewing at COURT ACCA710“ on I imm I P. Persons appeasing: Lawyer. Lawyer THIS COURT ORDERS THAT: wawrnewor man Ccnaented to: 1111gmks■ if ray . liorpr. MM I. Imoyer 8308 0 1N3SNO3 GM Otafter caw Lamb= 29 of 41

30 of 41 Dated " my I NAOMI OM lam plow of AWo) FORM 7 WARRANT FOR ARREST In the Provincial Court of British Columbia Cowmixn BRITISH Under

Part 3 of the Adult Guardianship Act Cass name so It wows on Ins application. Person to be arrested Reason for Arrest Owe 5. appropriete Leese) and Ian any required inlowstion. To all peace officers In Brtesh Columbia: The court orders you to arrest ..... ,mar and bring that person before a justice of the pews as soon as practicable.

The reason for the wrest is that the person did not attend this court at coortocaeori on t" 0 as required by a notice to appear served on the person 0 as ordered by the Court in the presence of the person El as specified on a release 0 as required by a subpoena U •SMI MAIM WOO NS Sr **Cow w Ober an WWI If COURT PIM MIAOW GCVO' LOCATIOlk IWO CO lenw In the matter of: Amara rem

In the matter of *DAM MAMA I promise to attend the Provincial Court at COURT L0CAnps on I sem I co I rrht I at w.4 m. My name, address, phone number and fax number as shown below on this release form are correct. I understand that, If I do not attend court on the above-stated date and tkne, the judge may Issue a warrant for my arrest: WAN AMMO OTT MOCNOCI POITAA OX• IMP! Fax Case name es It stepson on the shekel:ton. When MI the hotel le:eled? When must yon Kew? Yew near end curried eddemee for service rn mr rn FORM 8 RELEASE In the Provincial Court of British Columbia Under

Part 3 of the Adult Guardianship Act Caul Fie Newer. feet Use= dM ILA Mangum GS polo, bins *mai her Cott Nos Dated °D I vY" at British Columbia PF A Me 07,00 orm 31 of 41

In the matter of: /Carl was To: swim (WITNESS) MUMS art PAVAN= IOW& COOK rw.91 Pm You have been subpoenaed as a witness by "4 and must appear In court on 1 Wu I OD I Mil , I I at mma M. at OWN, Lo6 ,104 You must bring the following records and other things to court What happens If you do not attend? A judge may issue a warrant for your arrest. Can the subpoena be cancelled?

If you believe that you we not needed as a witness or if it would be a hardship for you to attend court, you may apply to a judge, at least 2 full days before the court date, to cancel the subpoena. 111 The amount of $ is attached for use as travelling expenses to enable you to come to the court. 0 Money for travelling expenses was offered but declined. Case name as II wows cel application. Address al potion being subpoenaed. When s ewe +Area required? Where N the courl What mist the *Ma bong to court"?

Information to. ow sear Cho& the *brag:bits boo co C 0 rn z FORM 9 SUBPOENA In the Provincial Court of British Columbia Under

Part 3 of the Adult Guardianship Act Coal 1999119r. •.• COLUMBIA locellorr r wersies o h ;ono, inking M.o.,. ►cAat 0/90 999% 9 32 of 41

In the matter of: oCsAll mot I , wog OCCUIMOM pf ACOMON err PICIMOM roam/ 0001 swear or affirm that: I know or believe the following facts to be true. If these facts are based on information from others, I believe that information to be true. I make this affidavit In relation to an application by NY( for ❑ I am making the application OR ❑ I am responding to the application OR I am I /_ __J I ' I 1lA VOIAAV AFFIDAVIT In the Provincial Court of British Columbia Under

Part 3 of the Adult Guardianship Act Carr FOO Number. Coal Lowboy FORM 10 Cu. name se It wows on be spokaticm. Name, occupation. and current address for amiss of the person Ming IN* affidavit What is the affidavit for? Name Ins applicant and Madly elsecribe the order applied for. What Is your reie with MN application? What are the facts? LIN Me fade 9144,1 to Me applicalioat opitsIn bole we not Wain your Gars-^r lincroiledgs, Nen* Me mum of your Infonneeon d you need more space, use an eras Pleads) M you mist lo documents, Medi Men, ID M affildwit and hays them mar ad IS exhibits.

Sign ONLY in the presence of 11 COOVOIOI1OnOr ma ma Or#00 Fame 10 SwornoraMmwdbidomm at may Columbia L'7111:21_* r, 1177, ono AlldrnI- 7611Me• 33 of 41

FORM 11 FAX COVER PAGE Court Fla Ntrnber In the Provincial Court of British Columbia Under

Part 3 of the Adult Guardianship Act Cowl Wootton: TO: Fax Number. From: Contact Person: Name of pad to be wad or perty's @alldlor NIVtle end ha number Min ■once document ewe Inworraed rannedpersonbconWhIberoWdlreramimWmtbeim Phone dotter d conbod carom Fax matter Cl =dot person List or provide a brief description of documents: In the matter of: ADULT'S NAME TITLES OF DOCUMENTS Date Faxed: I ia" I This fax constitutes service to you under the Provincial Court (Adult Guardianship) Rules. You will not be served in any other way. Total number of pages (including this page): P{At152 07071 FORM II 34 of 41

In the nutter of: KIlt 111 WYE I certify that I "a OCCUMTIMI of .cam. 0 served new or Mod siolvto on I am 1 co Irryri at AMIN. with a copy of Name of Document • Exhibit -____ ' • Exhibit'__' • Exhibit "____ ' O Exhibit " by leaving the copy with him or her personaty.

The party was idenbfied to me in this manner: • I know the person 0 He/she admitted to being this person • Other (specify) OR [j] I certify that I served the above-noted documents by: 0 Fax (attach fax transmission report) • Registered mail (attach Canada Poet sigitature copy or Internet delivery confirmation) C1 Other manner specified by the court (specify): Dated L:_17 I I "" I 1 sow.. Cass Name as a maws on the apolkation Complete VI calitcaleY main was successAd. Check Me toproprals Doges) and 111 nary rewired ~neon Check immoral& bOk(es)toc eat document served end name au document.

Make sore each eroded document is mated sat ta correct sandat YON. A m 0 to A m FORM 12 CERTIFICATE OF SERVICE In the Provincial Court of British Columbia Under

Part 3 of the Adult Guardianship Act Coat RI Mawr Cote Loallkw PF A 11213 05W lam 12 35 of 41

FORM 13 Court RNs. Cowl Loasion ACCESS ORDER In the Provincial Court of British Columbia • e Under

Part 3 of the Adult Guardianship Act ,.Barred -OLUMIM In the matter of AflutrlI wur BEFORE THE HONOURABLE JUDGE ) day, the zm'• day N....1 ) 01 mom YON ) MY DO YYYY After a hearing at 0°1'in1O'r-Anc" on' I I I where appeared as lawyer for owe or OMIN/MATIED •01010. a designated agency that is conducting an Investigation described In sectlen 47(3)(

d) of the 'dull Guwdianship Act And being satisfied that there Is reason to believe that the adult 4" 0 ' 4 'k ' is abused or neglected end is unable to stop the abuse or neglect, and that the obeyed -named designated agency believes that it is necessary to enter the premises located at ' au*" in order to interview the above-named adult and has been denied entry to the premises.

THIS COURT ORDERS THAT 0 iomri of Mit 01 DallowTOD #01.1C1 is authorized to enter the premises located at 461.1. and Interview the above-named adult. ❑ ""f• a health care prwlder, is authorized to enter the premises located at "gm" to examine the above-named adult to determine whether health care should be provided. Ily IN Corn Adam al Ad" 11511 nboo form 13 0 0 rn cr) 0 36 of 41

FORM 14 INTERIM RESTRAINING ORDER OR RESTRAINING ORDER In the Provincial Court of British Columbia c= 3/A Under

Part 3 of the Adult Guardianship Act Court filo No.

Court Lamm [ In the matter of: ,OULT111,1411 r BEFORE THE HONOURABLE JUDGE ) day, the °"11 NAME ) Persons Appearing: Lawyer: Lawyer THIS COURT ORDERS THAT """rt1 is prohibited for a period of days ending on i 14141 I CID 'v.." I 0 from residing at or entering any premises occupied by 01.166 C° at" 0 from visiting, communicating with, harassing or Interfering add) ‘ 44,110F 401AT WYE Or 40111., 0 from having any contact or association with or with the assets, business or financial affairs of '''''"°"" ri Other (Specify restriction)* Further details of order (ll more space Is required, *ditch a separate sheet): U Interim restraining order 0 Restraining order Checked By WM OD MY Dated LI 1 j I J Initials TAKE NOTICE THAT: by the Court I. (

a) My peace officer, Including any R.C.M.P. officer, having jurisdiction In the Province of British Columbia who Inds the party wow a; or . 4011 111) breathing any d the terms of this order may Immediately met that party without warrant pursuant to s. 496( I )(

b) of the Crlinnel Cods, and may cause that rerson to be detained in custody and to be taken before a justice to be dealt with according to law. (

C) My peace officer, Including any R.C.M.P. officer. having Ssladdion in the Province of British Columbia tho on rsouronable and probable grounds believes that the party " al"' kk"Via) Its, In the past. breached any of the terms of a restraining order mede under s.56(3Xc) of the Adult OutrdlenaNp Act may arrest that party with a warrant obteined pursuant to a. 26 of the Offence Act, end may MAO thet person to be detained In custody and to be taken before a /bib:a to be dash with according So taw. Pco 155 1:400 Fun, 14 37 of 41

FORM 15 SUPPORT AND ASSISTANCE ORDER In the Provincial Court of British Columbia Under

Part 3 of the Adult Guardianship Act Court Flo No. A ee BIA Court Location In the matter of: ADLAr0 NOME BEFORE THE HONOURABLE JUDGE ) day, the om. day NAME ) a WPM. MAR ) This matter coming on for hearing at wtsrur-AT" MOM DO YI'Vf on I I I I Persons Appearing: Lawyer. Lawyer. THIS COURT ORDERS: 0 that support and assistance be provided to NAME OF ADULT as follows (terms of °idol 0 under

section 58(3)(

d) of the Adult Guardianship Act, that ` pay for or contribute towards, the maintenance of ....e Cr Mx..? or services to be provided for the above-named adult as follows: (lemma of order) THIS COURT FU;ITHER ORDERS: Approved (if applicable) t....wy Ilbsnoluro ay to Coon looreo SIgnsturo PFA 054 07100 FM, IS 0) C O z co z 0 38 of 41

FORM 16 ORDER RENEWING, CHANGING OR CANCELLING AN ORDER In the Provincial Court of British Columbia Under

Part 3 of the Adult Guardianship Act Coal FIN No. Carl LoonIon In the matter of: NAME BEFORE THE HONOURABLE JUDGE ) nay, the nATI day Wort ) Of ieverw VW ) This matter comin g on for hearin g at ca""ux-A"c" Mika OD YYYV on I I 1 Persons Appearin g . Lawyer. Lawyer This Court orders that the attached • interim restraining order • restraining order 0 support and assistance order 0 other (speafy) MM OD Yrre dated 1 I I I be 0 renewed fora period of: WM DO YYYY ending on L I I I 0 chan ged as follows: MIA Do VVYY 0 cancelled effectfva L I L I Approved (if applicable) Lewes ow+. ev to Coat lftyve • 59,1.1. PFA Olt 12100 Form IS I z m, z

G) C) AAz LI z G) 0 z Im r r z O 0 70 0 39 of 41

FORM 17 ORDER In the Provincial Court of British Columbia Under

Part 3 of the Adult Guardianship Act Caul Flo No. Court icesOen In the matter of: ruml BEFORE THE HONOURABLE JUDGE ) Waal ) day, the WI day of MORN VIP/I ) This matter coming on for hearing at c""G"c" NW 00 YYYY on Persons Appearing: Lawyer: Lawyer. THIS COURT ORDERS: Pomil [] that the appl;cant may serve the respondent ■•■■■* as follows: (terms of order). n that the time limit for be waived/modified as follows: n that the time period for be shortentslienglhened ss follows: D that the service/notice requirement be weived/modthed as follows: ❑ that (specify other order): Approved (if applicable) Lnyiyfe. Skins-ire ey he cart lsoyerY Sprain PiA691 1=0 Form m 40 of 41

To 'IAA* of NAME OF DEDONATIED AOl)CY OCCUPATION , British Columbia, NAME of ACCIEESS that there is reason to believe that the adult "MI In the matter of: ADULTS NAME a designated agency that is conducting an investigation described in

section 47(3)(

d) of the Adult Guardianship Act.

Whereas it appears on the oath/affirmation of is abused or neglected and is unable to stop the abuse or neglect, and that the above-named designated agency believes that It is necessary to enter the premises located at Apuif-sE in order to Interview the above-named adult and has been denied entry to the premises: This is, therefore, to authorize you '4"E TIME AND DATE to enter the above-named premises between the hours of TIME AND DATE and for the purpose of Interviewing the above-named adult. FORM 18 WARRANT TO ENTER FOR PURPOSE OF INTERVIEW In the Provincial Court of British Columbia Under

Part 3 of the Adult Guardianship Act DOW Mao, al Pr Por. In NMI b M PopAnno of bill Coluntio NOM PF A MI 12A0 Form IS 41 of 41

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 161/2001
Type	order_in_council
Volume / chapter	arc oic 0161 2001
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	99b08aeacba902ece3b8c4c375f8fb2fe041af43

Source file is stored in the law ingest library (pdf).