British Columbia Gazette Part II — B.C. Reg. 065/2013

B.C. Reg. 065/2013

British Columbia — Gazette

Victoria, British Columbia, Canada

Licence

Disclaimer

Volume 56, No. 4

65/2013

The British Columbia Gazette,

Part II

March 12, 2013

B.C. Reg. 65/2013 , deposited February 28, 2013, pursuant to the COURT RULES ACT [section 1]. Order in Council 112/2013, approved and ordered February 28, 2013.

On the recommendation of the undersigned, made after consultation with the Chief Justice of the Supreme Court, the Administrator, by and with the advice and consent of the Executive Council, orders that, effective July 1, 2013,

(

a) the Supreme Court Civil Rules, B.C. Reg. 168/2009, are amended as set out in the attached

Schedule A, and

(

b) the Supreme Court Family Rules, B.C. Reg. 169/2009, are amended as set out in the attached

Schedule B.

— S. BOND, Minister of Justice and Attorney General ; J. YAP, Presiding Member of the Executive Council .

Schedule A

1 Rule 12-1 (6) of the Supreme Court Civil Rules, B.C. Reg. 168/2009, is amended by striking out “ a notice of trial has been filed, the plaintiff, or such other party as may be ordered by the court, ” and substituting “ filing a notice of trial, the filing party ”.

2 Rule 12-6 (3) (

a) and (

b) is amended by striking out “ 30 ” and substituting “ 45 ”.

3 Rule 23-5 is amended

(

a) by repealing subrule (3) and substituting the following:

Hearing by communication medium

(3) In case of urgency, or if the court or a registrar considers it appropriate to do so, the court or the registrar, as the case may be, may conduct a hearing and make an order or decision by telephone, video conference or other communication medium.

(

b) by adding the following subrule:

Application to registrar by communication medium

(4.1) On application by a party or on a registrar’s own initiative, a registrar may direct

(

a) that a hearing before a registrar be heard by way of telephone, video conference or other communication medium, and

(

b) the manner in which the hearing is to be conducted. , and

(

c) in subrule (5) by striking out “ subrule (4) for a direction that an application ” and substituting “ subrule (4) or (4.1) for a direction that an application or a hearing before a registrar ”.

4 Rule 23-6 is amended by adding the following subrules:

Hearing record

(3.1) Before attending a registrar’s hearing started by the filing of an appointment, the person taking out the appointment (in this subrule called the “ applicant ”) must provide to the registry where the hearing is to take place, no later than 4 p.m. on the business day that is one full business day before the date set for the hearing, a hearing record as follows:

(

a) the hearing record must be in a ring binder or in some other form of secure binding;

(

b) the hearing record must contain, in consecutively numbered pages, or separated by tabs, the following documents in the following order:

(

i) a title page bearing the style of proceeding and the names of the lawyers, if any, for the applicant and the persons served with the appointment (in this subrule called the “ respondents ”);

(ii) an index;

(iii) a copy of the filed appointment and of every document that, under these rules, is required to be filed with that appointment;

(iv) a copy of the affidavit of service of the appointment, which copy must not include the exhibits to the affidavit;

(

v) if the appointment is to settle an order under Rule 13-1, a copy of the reasons for judgment on which the order is based, a transcript of the order made or a copy of the clerk’s notes from the hearing;

(vi) if the appointment is to assess costs under Rule 14-1, a copy of the entered order for costs;

(vii) if the appointment has been filed under Rule 18-1, a copy of the entered order referring the matter to the registrar;

(viii) a copy of every filed affidavit and pleading, and of every other document, that is to be relied on at the hearing;

(

c) the hearing record may contain

(

i) a draft of the proposed report or certificate, and

(ii) a list of authorities;

(

d) the hearing record must not contain

(

i) written argument,

(ii) copies of authorities, including case law, legislation, legal articles or excerpts from text books, or

(iii) any other documents unless they are included with the consent of the applicant and the respondents.

Dealings with hearing record

(3.2) Rule 8-1 (17), (19) and (20) applies to a hearing record and, for that purpose, a reference in Rule 8-1 (17), (19) or (20) to “ application record ” is a reference to a hearing record and a reference to an “ applicant ” and an “ application respondent ” is a reference to the applicant and respondent to the registrar’s hearing respectively and a reference to the “ hearing of the application ” is a reference to the hearing of the registrar’s hearing.

5 Form 43 is repealed and the following substituted:

Form 43 (Rule 12-5 (8) )

[Style of Proceeding]

NOTICE TO PRODUCE

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

To: ...................... [party(ies)] ......................

TAKE NOTICE that ....................[ party(ies) ].................... require(

s) you to produce at the trial of this action

[ Check the correct box(es) and complete the required information. ]

[ ] the following document(

s) listed by you in your list of documents prepared under Rule 7-1:

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

[ ] the following physical object(

s) in your possession or control:

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

Date: ................[ dd/mmm/yyyy ].................

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

Signature of [ ] party requiring production

[ ] lawyer for party(ies) requiring production

...........................[ type or print name ]..........................

6 Form 66 is amended by striking out “ This proceeding has been started by the petitioner(

s) for the relief set out in

Part 1 below. ” and substituting the following:

This proceeding is brought for the relief set out in

Part 1 below, by

[ Check whichever one of the following boxes is correct and complete any required information. ]

[ ] the person(

s) named as petitioner(

s) in the style of proceedings above

[ ] ...............[ name(s) ]................. (the petitioner(s) ) .

7 Schedules 1 and 4 of Appendix C are amended as follows:

(

a) by repealing Item 1 in the table and substituting the following:

Subject to

section 2 (2) of this Schedule, for commencing a proceeding that is not an appeal under Rule 23-6 (8) or an application under

section 66, 67, 70, 85 or 77 of the Legal Profession Act

No fee is payable under this item to file for and obtain a grant of probate or administration if a person dies leaving an estate that does not exceed $25 000 in value

(

b) by repealing Item 5 in the table and substituting the following:

For setting a matter for hearing for which a fee is not payable under this

Schedule

No fee is payable under this item to set a matter for hearing by notice of hearing of petition, notice of hearing of appeal or notice of hearing of stated case

(

c) by repealing Item 19 (

a) in the table and substituting the following:

(

a) a certified copy of a document

(

i) for 10 pages or less

(ii) for each additional page over 10 pages, per page

Schedule B

1 Rule 22-6 of the Supreme Court Family Rules, B.C. Reg. 169/2009, is amended

(

a) by repealing subrule (3) and substituting the following:

Hearing by communication medium

(

b) by adding the following subrule:

Application to registrar by communication medium

(4.1) On application by a party or on a registrar’s own initiative, a registrar may direct

(

a) that a hearing before a registrar be heard by way of telephone, video conference or other communication medium, and

(

b) the manner in which the hearing is to be conducted. , and

(

2 Rule 22-7 is amended by adding the following subrules:

Hearing record

(

a) the hearing record must be in a ring binder or in some other form of secure binding;

(

b) the hearing record must contain, in consecutively numbered pages, or separated by tabs, the following documents in the following order:

(

i) a title page bearing the style of proceeding and the names of the lawyers, if any, for the applicant and the persons served with the appointment (in this subrule called the “ respondents ”);

(ii) an index;

(iii) a copy of the filed appointment and of every document that, under these rules, is required to be filed with that appointment;

(iv) a copy of the affidavit of service of the appointment, which copy must not include the exhibits to the affidavit;

(

v) if the appointment is to settle an order under Rule 15-1, a copy of the reasons for judgment on which the order is based, a transcript of the order made or a copy of the clerk’s notes from the hearing;

(vi) if the appointment is to assess costs under Rule 16-1, a copy of the entered order for costs;

(vii) if the appointment has been filed under Rule 18-1, a copy of the entered order referring the matter to the registrar;

(viii) a copy of every filed affidavit and pleading, and of every other document, that is to be relied on at the hearing;

(

c) the hearing record may contain

(

i) a draft of the proposed report or certificate, and

(ii) a list of authorities;

(

d) the hearing record must not contain

(

i) written argument,

(ii) copies of authorities, including case law, legislation, legal articles or excerpts from text books, or

(iii) any other documents unless they are included with the consent of the applicant and the respondents.

Dealings with hearing record

(3.2) Rule 10-6 (15), (17) and (18) applies to a hearing record and, for that purpose, a reference in Rule 10-6 (15), (17) or (18) to “ application record ” is a reference to a hearing record and a reference to an “ applicant ” and an “ application respondent ” is a reference to the applicant and respondent to the registrar’s hearing respectively and a reference to the “ hearing of the application ” is a reference to the hearing of the registrar’s hearing.

3 Forms F33 and F34 are amended by adding “ [ For each order, if any, made for custody, parenting arrangements, child support or spousal support, indicate whether the order is made under the Divorce Act or the Family Law Act . ]” after “ THIS COURT ORDERS that: ”.

4 Form F38 is amended by adding the following sections:

[ Select and complete the following provision if you are seeking a change of name for yourself. If you are not seeking a change of name for yourself, remove this provision so that it does not appear in the form when the form is filed. ]

8 Pursuant to

section 5 of the Name Act , I am seeking to change my name from ............................................ to .......................................... . This application for a name change relates only to myself.

[ Select and complete the following provision if you are seeking a change of name for one or more minor children. If you are not seeking a change of name for one or more minor children, remove this provision so that it does not appear in the form when the form is filed. Renumber this provision as

section 8 if you are seeking a change of name for one or more minor children and have not included a

section 8 immediately before this provision. ]

9 Pursuant to

section 5 of the Name Act , I am seeking to change the name(

s) of the minor child(ren) of the marriage as follows, and a copy of the consent(

s) to the change(

s) of name referred to in this

section of .....................[ name ]................. who is/are ...............[ relationship to child(ren) ]................. is/are attached to this affidavit and marked as Exhibit(s) ....[ A, B, C, D, as the case may be ].... . [ Complete the following for each minor child of the marriage for whom a name change is sought.]

from ................................................ to: .................................................

5 Form F51 is amended by striking out “ the date on which that order was made.] ” and substituting “ the date on which that order was made. ] [ For each order, if any, made for custody, parenting arrangements, child support or spousal support, indicate whether the order is made under the Divorce Act or the Family Law Act . ] ”.

6 Form F52 is amended by adding “ [ For each order, if any, made for custody, parenting arrangements, child support or spousal support, indicate whether the order is made under the Divorce Act or the Family Law Act . ] ” after “ to the beginning of the description of the order. ] ”.

7 Form F73 is amended by striking out “ This family law case has been started by the petitioner(

s) for the relief set out in

Part 1 below. ” and substituting the following:

This family law case is brought, for the relief set out in

Part 1 below, by

[ Check whichever one of the following boxes is correct and complete any required information. ]

[ ] the person(

s) named as petitioner(

s) in the style of proceedings above

[ ] .........[ name(s) ]................. (the petitioner(s) ) .

8 Schedules 1 and 4 of Appendix C are amended as follows:

(

a) by repealing Item 5 in the table and substituting the following: