The purpose of these rules is to promote the safety and well-being of children by allowing court decisions to be obtained fairly and efficiently, in matters arising under the Child, Family and Community Service Act.
In these rules:
Act means the Child, Family and Community Service Act;
applicant, in relation to an order respecting Indigenous law, has the same meaning as in section 33.04 (1), 48.3 (1) or 50.03 (1) of the Act, as applicable;
business day means a Monday, Tuesday, Wednesday, Thursday or Friday that is not a holiday;
clerk means a member of the registry staff;
court means the Provincial Court except where the Act or these rules provide otherwise;
Indigenous law order application means an application for an order respecting Indigenous law;
lawyer of record, in relation to a party, means a lawyer who has provided notification or advised the court in accordance with Rule 8 (20);
method of attendance, in relation to a case conference, mini-hearing and hearing, includes
attending in person, and
attending by telephone, video conference or other means of electronic communication;
order respecting Indigenous law means an order made under section 33.04 (8), 48.3 (8) or 50.03 (8) of the Act;
party, with respect to a proceeding under the Act, means a person who, under the Act, is a party to that proceeding;
registry means a registry of the court;
significant change order means an order made under section 48.5 (5) or 50.05 (5) of the Act;
significant change order application means an application for a significant change order.
In these Rules,
words and expressions that are not defined in these Rules have the meaning given to them in the Act, unless the context indicates otherwise, and
for certainty, the following words or expressions have the same meaning as in the Act:
designated representative;
Indigenous authority;
Indigenous child;
Indigenous governing body;
Indigenous law.
In these Rules,
Rule 1 applies to applications that may be made under the Act other than the applications made under Rule 1.1,
Rule 1.1 applies to Indigenous law order applications, significant change order applications and related applications set out in Rule 1.1, and
Rules 2 to 9 apply to all applications.
in the registry closest to the child's habitual residence, or
in the registry closest to where the child was removed or taken into care
in the registry where the file is located, unless Rule 8 (12) or (13) applies, or
if there is no file, then as required by subrule (5), as if the application were a Presentation Form.
an order under Rule 6 (10), permitting the use of another service method;
an order under Rule 8 (2), shortening or extending a time period;
an order under Rule 9 (4), changing the method of attendance unless the order is in relation to a hearing at which sworn oral evidence is given;
a consent order or an order dispensing with consent, under section 60 of the Act;
an order under section 69 of the Act, shortening or extending the time for serving notice or dispensing with notice.
an affidavit setting out the facts on which the application is based, and
the application form. (See Rule 1 (2) and (3))
an Application for an Order Respecting Indigenous Law (Form 3.1), to apply for the following:
an order respecting Indigenous law under section 33.04 (2), 48.3 (2) or 50.03 (2) of the Act;
an extension of a time period under section 33.04 (4), 48.3 (4) or 50.03 (4) of the Act;
in the case of an Indigenous authority that is an applicant and wishes to make a significant change order application, an Application Due to a Significant Change Order (Form 3.2);
in the case of an application to change the method of attendance, an Application to Change Method of Attendance (Form 10.5), unless a judge permits otherwise;
in any other case, an Application for an Order (Form 2), unless a judge permits otherwise.
on the director at least 4 days before the date set for the hearing;
on an Indigenous authority, by the director, at least 2 days before the date set for the hearing.
in the registry where the file in respect of the relevant child is located, unless Rule 8 (12) or (13) applies;
if there is no file, in the registry closest to the child's habitual residence.
an order under Rule 6 (10), permitting the use of another service method;
an order under Rule 8 (2), shortening or extending a time period;
an order under Rule 9 (4), changing the method of attendance unless the order is in relation to a hearing at which sworn oral evidence is given;
a consent order or an order dispensing with consent, under section 60 of the Act;
an order under section 69 of the Act, shortening or extending the time for serving notice or dispensing with notice.
an affidavit setting out the facts on which the application is based, and
an Application for an Order (Form 2).
if a party requests it, or
if the judge considers that it may promote a fair and efficient resolution of the issues.
facilitate the resolution of any issues in dispute;
mediate any issues in dispute, other than the issue of whether the child needs protection;
with the consent of the parties, refer any issue, other than the issue of whether a child needs protection, to mediation or other alternative dispute resolution mechanism under section 22 of the Act;
decide any issues that do not require evidence or that can be decided on the basis of facts agreed to by the parties;
make any order in the terms the parties agree to, subject to section 60 of the Act;
review the adequacy of disclosure by the parties, including responses to requests for disclosure under section 64 of the Act;
order that a party provide to another party, within a set time, a summary of the intended evidence of a potential witness;
order a party to allow another party to inspect and copy specific documents or records to the extent permitted by the Act;
order that those applications that cannot be made at the case conference be brought within a set time;
order that a statement of agreed facts be filed within a set time;
give directions about any evidence that will be required, how it will be received and the procedure that will be followed, if a hearing is necessary or a mini-hearing is directed;
order a party to produce anything as evidence at a hearing;
direct that any further case conference be held before the same judge;
with the consent of the parties, direct the parties to attend a mini-hearing if
the matter can be resolved on the basis of limited evidence and submissions, and
a mini-hearing can be held earlier than the matter could be set for a full hearing;
without hearing witnesses, give a non-binding opinion on the probable outcome of a hearing;
set a date for a hearing or mini-hearing;
make an order about the method of attendance of a person at a further case conference;
make any other order or give any direction for the fair and efficient resolution of the issues.
hear submissions and evidence as directed at the case conference, and
make any order that could be made after a full hearing.
the parties and their lawyers;
any other person the judge allows.
complete a subpoena (Form 4), and
serve a copy of the subpoena on the witness personally at least 7 days before the date the witness is required to appear. (See Rule 8 (2))
reasonable estimated travelling expenses for a subpoena to appear in person, or
for a subpoena to appear by another method of attendance, the reasonable estimated cost of the telephone call, video conference or other method of attendance.
appear in court on the date and at the time and place stated on the subpoena, and
if the witness attends court in person, bring to court any records and other things required by the subpoena.
cancel the subpoena if
the person is not needed as a witness,
it would be a hardship for the person to appear in court as required by the subpoena, or
in the case of a child witness, the judge considers that it would not be in the child's best interests to require the child to testify, or
vary the subpoena to allow the witness to attend court by another method of attendance.
the subpoena was served on the witness,
reasonable travelling expenses were offered to the witness, and
justice requires the presence of the witness.
must direct the witness
how, and by what date, to submit and serve any records and other things, if the witness will not be attending in person, and
where or how to attend, including by providing a telephone number or video conferencing information, if applicable, and
may order
the return of any money that was provided under subrule (2), or
that the party subpoenaing the witness pay for the witness's travelling expenses, telephone call, video conference or other reasonable estimated cost of the method of attendance.
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 (Form 6) 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 presence of the witness is no longer required.
by affidavit, subject to Rule 5,
by statements of facts agreed to by the parties, or
as permitted under section 68 (2) (b) of the Act.
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 every person who is entitled to notice of the hearing. (See Rule 8 (2))
a mailing address;
an email address;
a facsimile number.
on the other parties, and
if an order is sought against some other person, on that person. (See Rule 8 (2))
the application is for permission to use another service method,
the application is for access to a child under section 17 (1) of the Act,
Repealed. [B.C. Reg. 49/2019, s. 3 (a).]
the application is for a consent order under section 60 of the Act and each of the required consents has been obtained or dispensed with, or
a judge so orders.
on an individual
by leaving a copy with the individual,
by registered mail or by email to the last address for service given under subrule (5), (6) or (7), or by facsimile transmission to the last facsimile number given as an address for service under subrule (5), (6) or (7), or
if the individual is a party with a lawyer of record, by leaving a copy at that lawyer's office or by emailing or by sending a facsimile transmission to that lawyer's office;
on a designated representative of a First Nation, an Indigenous community, a Treaty First Nation or the Nisg̱a'a Lisims Government by emailing to the email address, or by sending a facsimile transmission to the facsimile number for service provided by the First Nation, Indigenous community, Treaty First Nation or Nisg̱a'a Lisims Government or by leaving a copy with the designated representative;
on an Indigenous authority, when served by a director serving documents under Rule 1.1 (1) (a), by registered mail to the mailing address, by emailing to the email address or by sending a facsimile transmission to the facsimile number provided by the Indigenous authority in accordance with section 12.3 (2) (c) of the Child, Family and Community Service Regulation;
on an Indigenous governing body or an Indigenous authority
by registered mail to the mailing address, by emailing to the email address or by sending a facsimile transmission to the facsimile number for service provided by the Indigenous governing body or the Indigenous authority, or
by leaving a copy with a person entitled to receive notice or service on behalf of the Indigenous governing body or the Indigenous authority;
on a society within the meaning of the Societies Act
by registered mail to the mailing address of the society's registered office on file with the Registrar of Companies,
by leaving a copy at the delivery address of the society's registered office on file with the Registrar of Companies or with a director or officer of the society, or
by emailing to the email address of the society, if the society has provided an email address as an address for service;
on a company within the meaning of the Business Corporations Act
by registered mail to the mailing address of the company's registered office on file with the Registrar of Companies,
by leaving a copy of it at the delivery address of the company's registered office on file with the Registrar of Companies or with a director or officer of the company, or with a receptionist or a person at the company's place of business who appears to manage the company's business there, or
by emailing to the email address of the company, if the company provided an email address as an address for service;
on an unincorporated association
by registered mail to the registered office of the association,
by leaving a copy with an officer of the association, or
by emailing to the email address of the association, if the association provided an email address as an address for service;
on a director
by leaving a copy with or by sending a facsimile transmission to the director's lawyer of record,
by emailing to the director or to the director's lawyer of record,
by leaving a copy at, or by sending a facsimile transmission to, the district office with conduct of the case, or
in the case of an Indigenous law order application or a significant change order application, or a matter related to an Indigenous law order application or a significant change order application, by registered mail to the mailing address, by emailing to the email address or by sending a facsimile transmission to the facsimile number for service provided by the director in a notice under section 33.03 (2) (b), 48.2 (2) (b) or 50.02 (3) (b) of the Act.
on the face of a document filed by the party, or
by filing a notice of address for service (Form 8).
the person is a party to the proceedings from which an Indigenous authority has made a written request for the director to withdraw under section 33.02 (b) (ii) or 48.1 (b) (ii), as applicable, of the Act, and
the director is required to serve the person under section 33.04 (6), 48.2 (1), 48.3 (6) or 48.5 (3) of the Act, as applicable.
on the face of a document filed by the party, or
by filing a new notice of address for service (Form 8).
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 9);
for service by registered mail, a certificate of service (Form 9) that includes one of the following:
a copy, produced by facsimile or otherwise, of the signature obtained by Canada Post at the time the document was delivered;
a printout of the delivery confirmation made available on the internet by Canada Post;
for personal service on the lawyer of record, a copy of the document signed by the lawyer of record or an articled student or by a partner or employee of the firm;
for service by facsimile transmission, a certificate of service (Form 9) with a transmission report generated by the sending machine;
for service by email, a certificate of service (Form 9) with the following attached to the certificate:
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;
if the printout of the first page of the email message does not list the name of the document as an attachment to the email, a copy of the document.
if the document is transmitted before 4 p.m. on a business day, the document is deemed to be served on the day of transmission;
if the document is transmitted on a day that is not a business day, or after 4 p.m. on a business day, the document is deemed to be served on the next business day.
did not come to the person's notice,
came to the person's notice later than when it was served or effectively served, or
was incomplete or illegible, and
the following orders must be prepared in Form 10.1:
a protective intervention order under section 28 of the Act;
a restraining order under section 98 of the Act;
the following orders must be prepared in Form 10.6:
an order respecting Indigenous law;
a significant change order.
the judge orders otherwise, or
the order is a protective intervention order made under section 28 of the Act or a restraining order made under section 98 of the Act.
to the lawyer of record for each party who was represented, and
to every other party on request
with the permission of a judge, or
in the case of a hearing at which sworn oral evidence will not be given, if the director's lawyer of record files with the court a Consent Adjournment form (Form 10.2) after having obtained consent of all of the parties or their lawyer of record, as applicable.
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 best interests of the child.
receive the reports and information presented to the court at a presentation hearing;
adjourn a hearing before evidence is heard;
make orders or give directions on procedural matters;
hold a case conference or mini-hearing under Rule 2;
make orders about a person's method of attendance at a case conference, mini-hearing or hearing.
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 best interests of the child.
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 of record;
a person authorized in writing by a party;
a person authorized in writing by a party's lawyer of record;
for the purpose of determining whether an application in Form 3.1 has been filed, the director responsible for service under Rule 6 (6.1) (b) of these rules, or section 50.02 (2) of the Act, or the director's lawyer.
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.
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.
a lawyer must provide notification to the other parties that the lawyer is the lawyer of record for a party by
completing and filing with the court a Notice of Lawyer of Record for Party (Form 10.3), and
serving on each party the form referred to in subparagraph (i), or
a lawyer must advise the court, when appearing in court, that the lawyer is the lawyer of record for a party.
a lawyer must provide notification to the other parties that the lawyer is no longer the lawyer of record for a party by
completing and filing with the court a Notice of Removal of Lawyer of Record for Party (Form 10.4), and
serving on each party the form referred to in subparagraph (i), or
a lawyer must advise the court, when appearing in court, that the lawyer is no longer the lawyer of record for a party.
a Presentation form (Form 1);
a Written Consent form (Form 11).
the chief judge gives a direction under subrule (2) that a case conference, mini-hearing or hearing may or must be attended by telephone, video conference or other means of electronic communication;
an application is granted under subrule (5) that a person may attend a case conference, mini-hearing or hearing by telephone, video conference or other means of electronic communication;
a person attends a hearing that is required under subrule (6) (a) or (b) by telephone, video conference or other means of electronic communication;
a designated representative attends a case conference, mini-hearing or hearing by telephone, video conference or other means of electronic communication,
how, and by what date, to submit and serve any records and other things, if the person will not be attending in person, and
where or how to attend, including by providing a telephone number or video conferencing information, if applicable.
the judge requires notice and a hearing, in which case the judge may require service in accordance with Rule 6 or in any other manner the judge considers appropriate, or
the application is in respect of a court proceeding at which sworn oral evidence will be given, in which case the judge may require service in accordance with Rule 6.
may, despite subrules (1) and (2), attend a case conference, mini-hearing or hearing by telephone, video conference or other means of electronic communication if the designated representative does not intend to give sworn oral evidence or to call another person to give sworn oral evidence, and
must attend a case conference, mini-hearing or hearing in person if the designated representative intends to give sworn oral evidence or to call another person to give sworn oral evidence unless
a direction under subrule (2) applies to the designated representative, or
the designated representative makes a successful application under subrule (5).
adjourn the conference, mini-hearing or hearing at any time, and
require persons to attend the case conference, mini-hearing or hearing, or any further case conferences, mini-hearings or hearings, in person or by another method of attendance that the judge considers appropriate in the circumstances.
Appendix A Forms Form 1 [en. B.C. Reg. 276/2023, s. 12.] Form 2 [en. B.C. Reg. 216/2022, s. 21 (a).] Form 3 [en. B.C. Reg. 216/2022, s. 21 (a).] Form 3.1 [en. B.C. Reg. 276/2023, s. 13.] Form 3.2 [en. B.C. Reg. 276/2023, s. 13.] Form 4 [en. B.C. Reg. 216/2022, s. 21 (a).] Form 5 [en. B.C. Reg. 75/2000, s. 10; am. B.C. Reg. 351/2005, ss. 5 and 6.] In the Provincial Court of British Columbia Under the Child, Family and Community Service Act In the matter of the child(ren): The parent(s) of the child(ren) is/are: [Name(s)] WARRANT TO ARREST To all Peace Officers in British Columbia: This Court orders you to arrest ...................................................................................................................... and bring that person before any Judge or Justice of the Peace as soon as practicable. The reason for the arrest is that: the person did not attend this Court at [Court Location] ................................................................................................................................................................................... on [Date] ...................................................... as required by a subpoena; OR the person did not comply with an order under section 17 (2) (b) to disclose all the information known to the person that may assist the director in locating the child; OR the person did not comply with an order under section 17 (2) (c) to allow the director or another person to interview or to visually examine the child, or to do both. WARRANT TO ENTER DWELLING AND ARREST To all Peace Officers in British Columbia: This Court authorizes you to enter the dwelling located at[Address] .................................................................................. [City] ...................................... and arrest ........................................................................ under the following terms (if any): provided that: • immediately before the entry, you have reasonable grounds to believe that the person is present in the dwelling; and • the person is brought before any Judge or Justice of the Peace as soon as practicable. The reason for the arrest is that there are reasonable grounds to believe that the person has contravened or is contravening a protective intervention order under section 28 of the Act, or a restraining order under section 98 of the Act and is or will be present in the dwelling. ...............................................................................................................[A Judge of the Provincial Court of British Columbia or Clerk on behalf of ...............................................................................] Dated: ....................................................................................................... Form 6 [en. B.C. Reg. 216/2022, s. 21 (a).] Form 7 [am. B.C. Reg. 351/2005, s. 5.] In the Provincial Court of British Columbia Under the Child, Family and Community Service Act In the matter of the child(ren): The parent(s) of the child(ren) is/are:[Name(s)] I, [Name] ......................................................................................................................................................................................... of [Address] ............................................................................................................ [City] ...................................................................... [Prov.] ................................................ swear that: 1. I know or firmly believe the following facts to be true. Where these facts are based on information from others, I have stated the source of that information and I firmly believe that information to be true. 2. I make this affidavit in relation to an application by me or by [Name] .............................................................................................................. 3. 4. 5. 6. Sworn before me on [Date] ............................................................................................. at ..................................................................................................... British Columbia [Signature].......................................................................... ................................................................................[A Commissioner for taking Affidavits for British Columbia] This affidavit is filed by: [Name] ......................................................................................................................................................................... of [Address] ........................................................................................ [City] ....................[Prov.] ............... [Postal Code] ................................ [Phone] ............................... [Fax]............................... Form 8 [en. B.C. Reg. 216/2022, s. 21 (a).] Form 9 [en. B.C. Reg. 216/2022, s. 21 (a).] Form 10 [en. B.C. Reg. 216/2022, s. 21 (a).] Form 10.1 [en. B.C. Reg. 216/2022, s. 21 (a).] Form 10.2 [en. B.C. Reg. 216/2022, s. 21 (b).] Form 10.3 [en. B.C. Reg. 216/2022, s. 21 (b).] Form 10.4 [en. B.C. Reg. 216/2022, s. 21 (b).] Form 10.5 [en. B.C. Reg. 216/2022, s. 21 (b).] Form 10.6 [en. B.C. Reg. 276/2023, s. 13.] Form 11 [en. B.C. Reg. 276/2023, s. 12.] Forms 12 and 13 Repealed. [B.C. Reg. 351/2005, s. 7.]