British Columbia Order in Council — Amendment to Family Law Act Regulation (O.C. 37/2022)

O.C. 37/2022

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 4 On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective March 1, 2022, the Family Law Act Regulation, B.C. Reg. 347/2012, is 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: Family Law Act, S.B.C. 2011, c. 25, s. 247 (2) Other: OIC 837/2012 R10556902 37 January 24, 2022

page 2 of 4

SCHEDULE 1

Section 11 of the Family Law Act Re gulation, B.C. Reg. 347/2012, is amended by striking out “section 13” and substituting “section 12”. 2

Section 12 is amended by striking out “ The Kelowna Provincial (Family) Court Registry” and substituting “ Each Provincial (Family) Court Registry in British Columbia”. 3

Section 13 is amended (

a) by adding the following subsection:

(1.1) A request under

section 13 (1) may be made by posting the request to the person on the website operated and maintained by the child support service if the person has set up access to that website. , and (

b) in subsection (3) by striking out “ applying a 10% increase to the income of that person that had been used to determine the current child support ” and substituting “applying to the income of that person that had been used to determine the current child support the following: (

a) if fewer than 2 years have passed since the child support amount being recalculated was established or last changed, a 10% increase; (

b) if 2 or more but fewer than 5 year s have passed since the child support amount being recalculated was established or last changed, a 15% increase; (

c) if 5 or more but fewer than 10 year s have passed since the child support amount being recalculated was established or last changed, a 20% increase; (

d) if 10 or more years have passed since the child support amount being recalculated was established or last changed, a 30% increase.” 4

Section 14 is amended (

a) by adding the following subsections:

(1.1) A request under

section 14 (1) may be made by posting the request to the party on the website operated and maintained by the child support service if the party has set up access to that website.

(1.2) A party must respond to a request ma de under

section 14 (1) within 30 days of receiving the request. , and (

b) by repealing subsection (3) and substituting the following:

(3) If a party does not provide the co ntact information as requested under subsection (1) or does not provide noti fication of a change in that contact information as required by subsection (2), the child support service may recalculate the amount of child support without further notice to the party. 5

Section 15 is repealed.

page 3 of 4 6

Section 17 (2) is amended by striking out “ child support service” and substituting “child support service or posted to the website ope rated and maintained by the child support service if the party has set up access to that website”. 7

Section 18 is amended (

a) by renumbering it as

section 18 (1), (

b) in paragraph (1) (a) (ii) by striking out “ or”, (

c) in subsection (1) by add ing the following paragraph: (a.1) if the amount is for special or extraordinary expenses calculated under

section 7 [special or extraordinary expenses] of the child support guidelines unless (

i) all parties provide the income information required under

section 13, and (ii) the order or agreement indicate s the proportionate share that each party is to pay of those expenses, or , and (

d) by adding the following subsection:

(2) Despite subsection (1), the child suppor t service may recalculate a child support amount if the child support amount was es tablished in an agreement or order made in accordance with (a)

section 3 (2) (a) [child of or over the age of majority] of the child support guidelines, (

b) section 9 [shared parenting time arrangements] of the child support guidelines if (

i) the increased costs of shared parenting under paragraph (

b) of that

section were not considered, or (ii) the conditions, means, need s and other circumstances of a parent, guardian or child under pa ragraph (

c) of that

section were not considered, (

c) the process under the Interjurisdictional Support Orders Act if (

i) the order was made in British Columbia, Canada or another province or territory of Canada, (ii) the parties reside in British Columbia, and (iii) the order is otherwise eligible for recalculation by the child support service. 8

Section 19 is repealed. 9 The following

section is added: Child support service may decline recalculation 19.1 The child support service may decline to re calculate a child support amount if the child support service determines that it wo uld be impracticable to recalculate the amount.

page 4 of 4 10

Section 20 is amended by striking out “ it was sent” and substituting “it is sent or posted, as the case may be”. 11 The following

section is added in

Part 5: Withdrawal of agreement or order from child support service 22.1

(1) A party may request, in writing to the child support service, to withdraw an agreement or order from the child support service.

(2) The child support service must give the other parties notice of a request received by the child support service under subsection (1).

(3) The child support service must stop re calculating respecting an agreement or order if (

a) a party requests the withdrawal of the agreement or order and the other parties (

i) agree to the withdrawal, or (ii) do not respond to the request for withdrawal within 30 days of receiving notice from the child support service, (

b) the withdrawal request is received by the child support service no later than 60 days before the annual child support recalculation date assigned by the child support service, and (

c) the withdrawal request is not resp ecting an order that requires the child support service to recalculate ch ild support, unless the request is accompanied by an order that (

i) changes the mandatory nature of the recalculation, or (ii) requires the withdrawal of the order from the child support service. 12 Form 1 of Appendix A is repealed.

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 37/2022
Type	order_in_council
Volume / chapter	arc oic 0037 2022
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	bbae5df7d9c7992e39101b90660268492e44b049

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