access order means an order under section 49 (2) of the Act authorizing either or both of the following:
someone from a designated agency to enter premises and to interview the adult;
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
an investigation described in section 47 (3) (d) of the Act, or
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) Regulation, 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
the applicant,
the adult,
each respondent, and
anyone the court decides is a party;
registry means a registry of the court where family matters are dealt with;
respondent means,
in the case of an application for an access order, the adult,
in the case of an application for an interim restraining order, both the person against whom the order is sought and the adult,
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,
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
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.
the completed application, and
an affidavit setting out the facts on which the application is based.
the completed application,
an affidavit setting out the facts on which the application is based, and
if section 51 (2) of the Act does not apply, a draft notice to appear in Form 2 to the person against whom the order is sought.
the completed application,
a support and assistance plan that complies with section 54 (3) (a) of the Act,
unless the only order being sought is a restraining order, the assessment particulars relating to the adult,
unless the only order being sought is a restraining order, an assessment report relating to the adult, and
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.
the completed application, and
if the need for the existing order was reviewed under section 57 of the Act, a report on the review.
an order under Rule 7 (8) permitting another method of service;
an order under Rule 9 (3) (a) waiving or modifying a time limit set by these rules or the court;
an order under Rule 9 (3) (b) waiving or modifying any service or notice requirement of these rules.
the completed application, and
an affidavit setting out the facts on which the application is based.
the completed application,
a draft consent order in Form 6 containing the particulars of the order sought, and
an affidavit setting out the facts on which the application is based.
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
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.
must complete an application in Form 4 and file the completed application with the court under subrule (7), and
may file with the application an affidavit setting out the facts on which the application is based.
set the date, time and place for hearing the application, and
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.
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
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.
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;
hear evidence and make the order sought in the application;
make any other order or give any direction that the judge considers appropriate.
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;
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;
issue a notice to appear in Form 2 to be served on the respondent;
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.
the respondent named in the warrant appears in court either voluntarily or under the warrant, or
a justice cancels the warrant.
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
do anything described in subrule (5) (a) or (b).
complete a subpoena in Form 9, and
serve a copy of the subpoena on the witness personally at least 7 days before the date the witness is required to appear.
appear in court on the date and at the time and place stated on the subpoena, and
bring to court any records and other things required by the subpoena.
the person is not needed as a witness, or
it would be a hardship for the person to appear in court as required by the subpoena.
the subpoena was served on the witness,
reasonable travelling expenses were offered to the witness, and
justice requires the presence of the witness.
the witness named in the warrant appears in court either voluntarily or under the warrant, or
a judge cancels the warrant.
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
order a sheriff or peace officer to detain the witness in custody until the witness's presence is no longer required.
affidavit, or
statements of facts agreed to by the parties.
under oath or affirmation, or
if section 5 (3) of the Evidence Act applies, on the person promising to tell the truth.
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
a judge grants permission.
the party provides a copy of the report to all other parties at least 30 days before the report is introduced, or
a judge grants permission.
copies of the affidavit are filed in the registry, and
a copy of the affidavit is served on everyone who is entitled to notice of the hearing.
if the application is for an interim restraining order and section 51 (2) of the Act does not apply, on the adult and the person against whom the order is sought;
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;
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;
in the case of an application other than one referred to in any of paragraphs (a) to (c), on the other parties.
the application is for an order referred to in Rule 2 (9), or
a judge so orders.
on an individual, including a party,
by leaving a copy with the individual,
by registered mail to the individual's last known postal address,
by faxing it, together with a fax cover page in Form 11, to the fax number provided by the individual, or
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;
on a designated agency, whether or not it is a society within the meaning of the Societies Act,
by leaving a copy with a representative of that agency,
by registered mail to the agency's postal address, or
by faxing it, together with a fax cover page in Form 11, to the fax number provided by the agency;
on a society within the meaning of the Societies Act, other than a designated agency,
by leaving a copy
at the delivery address of the society's registered office on file with the Registrar of Companies,
with a director or officer of the society, or
with a receptionist at the society's office;
by registered mail to the mailing address of the society's registered office on file with the Registrar of Companies, or
by faxing it, together with a fax cover page in Form 11, to the fax number provided by the society;
on any other person, including the Public Guardian and Trustee,
by leaving a copy with a receptionist or other employee at that person's place of business,
by registered mail to the person's postal address,
by faxing it, together with a fax cover page in Form 11, to the fax number provided by the person.
service of a notice to appear;
service of an application for an interim restraining order or restraining order on the person against whom the order is sought;
service of a subpoena.
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
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.
permit another method of service to be used, and
direct how service is to be proved.
for personal service of a document, a certificate of service (Form 12);
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:
a copy, produced by fax or otherwise, of the signature obtained by Canada Post at the time the document was delivered;
a print out of the delivery confirmation made available on the Internet by Canada Post;
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;
for service by fax, a certificate of service (Form 12) with a transmission report generated by the sending machine.
in Form 13 in the case of an access order,
in Form 14 in the case of an interim restraining order or a restraining order,
in Form 15 in the case of a support and assistance order,
in Form 16 in the case of an order renewing, changing or cancelling another order, and
in Form 17 in the case of any other order, except a consent order.
the judge orders otherwise, or
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.
by the party's lawyer, and
if any other party is represented by a lawyer, by the other party's lawyer.
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
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.
waive or modify a time limit set by these rules or by an order of the court even after the time limit has expired;
waive or modify any service or notice requirement under these rules;
permit any other means of proof instead of that required by these rules.
that party applies within a reasonable time,
the party had a good reason for failing to attend when the order was made,
there is a good reason for changing or cancelling the order, and
the change or cancellation would be in the adult's best interests.
a matter is urgent or special circumstances exist, or
section 51 (2) of the Act applies.
order that a person, whether or not a party, be given notice of a hearing;
order that a person be added as a party for purposes of a hearing or the proceedings generally;
dispense with a requirement that notice of a hearing be given to a person who is not a party.
adjourn a hearing before evidence is heard;
make orders or give directions on procedural matters.
start the hearing again and re-hear all the evidence, or
with the consent of the parties, continue with the hearing where it left off, giving directions for hearing evidence as the judge considers necessary.
the balance of convenience,
any special circumstances that exist, and
the adult's best interests.
complete a written and signed consent to the transfer, and
file the consent in the registry where the file is located.
a party;
a party's lawyer;
a person authorized by a party, by a party's lawyer or by a judge.
cancel a step taken or an order made or disregard a document filed in the course of the application, or
make any order or give any direction that the judge thinks is fair, including an order dismissing the application.
Forms 1 to 17, for the purposes of these rules;
Form 18, for the purposes of section 49 (3) of the Act.
be in substantial compliance with the prescribed forms, and
show the applicable words of the prescribed form in regular type and the words supplied by the user in boldface type.
Appendix A Form 1 [en. B.C. Reg. 157/2011, s. 5.] Form 2 Form 3 Form 4 Form 5 Form 6 Form 7 Form 8 Form 9 Form 10 Form 11 Form 12 Form 13 Form 14 Form 15 Form 16 Form 17 Form 18