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amended by B.C. Reg. 152/2025
effective January 19, 2026
1 Rule 2-2.1 of the Supreme Court Family Rules, B.C. Reg. 169/2009, is amended
(a) in subrule (1) in the definition of "court order" by striking out "a certified copy of" and by adding "the court or" before "a court in the jurisdiction",
(b) in subrule (2) (c) (iii) by striking out everything after "spouse and" and by adding the following clauses:
(A) a copy of a court order respecting the other spouse from the court, or
(B) a certified copy of a court order respecting the other spouse from a court in the jurisdiction where the other spouse resides. , and
(c) by adding the following subrule:
Application for court order
(4) An application for a court order declaring that the other spouse cannot be found may be made without notice.
2 Rule 3-1 is amended
(a) in subrule (1) by striking out "(4.4) and (4.5)" and substituting "(4.4), (4.5) and (4.7)",
(b) in subrule (2.4) by adding the following paragraph:
(i) an order under section 233 (4) of the Family Law Act to extend the time limit for starting an appeal. , and
(c) by adding the following subrule:
Filing notice of appeal
(4.7) If a person files under Rule 18-3 (2) a notice of appeal and there is no existing family law case within which it is appropriate to file the notice of appeal, the filing of the notice of appeal under that rule starts a family law case.
3 Rule 6-3 (1) is amended by adding the following paragraph:
(h.1) a notice of application under section 231 (2) of the Family Law Act for an order that a person be imprisoned; .
4 Rule 7.1-3 (8) is amended
(a) by striking out everything after "apply to amend a case plan order" and substituting "as follows:", and
(b) by adding the following paragraphs:
(a) if the application is to be by consent, the parties must apply in accordance with Rule 10-7;
(b) if the application is not to be by consent, a party must request a subsequent case planning conference under Rule 7.1-1.
5 Rule 10-5 is amended
(a) in subrule (1) (a) by striking out "paragraph (b)," and substituting "paragraph (b), (b.1),",
(b) in subrule (1) (b) by adding "subject to paragraph (b.1)," before "in the case of",
(c) in subrule (1) by adding the following paragraph:
(b.1) in the case of an application for an order to amend a case plan order under Rule 7.1-3 (8) (a), apply in accordance with Rule 10-7; , and
(d) in subrule (2) by adding the following paragraphs:
(d.1) a court order within the meaning of Rule 2-2.1;
(f) to amend a case plan order under Rule 7.1-3 (8) (a).
6 The following paragraph is added to Rule 10-7 (1.1):
(f) to amend a case plan order under Rule 7.1-3 (8) (a).
7 Rule 14-2.1 is amended
(a) by adding the following subrule:
Exception if trial management conference scheduled
(2.1) Despite subrules (1) and (2) and unless the court otherwise orders, if a trial management conference is scheduled to take place,
(a) the claimant must, at least 28 days before the date set for the trial management conference,
(i) file a trial brief in Form F45, and
(ii) serve a copy of the filed trial brief on each of the other parties, and
(b) each party, other than the claimant, must, at least 21 days before the date set for the trial management conference,
(i) file a trial brief in Form F45, and
(ii) serve a copy of the filed trial brief on each of the other parties. ,
(b) in subrule (4) by striking out "or (2) (a) or (b)" and substituting ", (2) (a) or (b) or (2.1) (a) (i) or (ii) or (b) (i) or (ii)",
(c) in subrule (5) by striking out "(1) or (2)" and substituting "(1), (2) or (2.1)",
(d) in subrule (6) (a) by striking out "file" and substituting "prepare", and
(e) in subrule (6) (b) by striking out "filed".
8 Rule 14-4 (1) is amended by striking out "and" at the end of paragraph (d.1) and by adding the following paragraph:
(d.2) any amended witness list prepared by or served on the party under Rule 14-2.1 (6), and .
9 The following rule is added:
RULE 14-4.1 – ORDER FOR IMPRISONMENT UNDER SECTION 231 (2) OF THE FAMILY LAW ACT
Arrest warrant
(1) An arrest warrant issued under section 231 (3) (b) of the Family Law Act in respect of a person must be in Form F62.1.
Summary determination
(2) If a person referred to in subrule (1) is apprehended and brought before the court, subject to section 231 (3) (a) of the Family Law Act, the court in a summary manner may determine whether an order should be made under section 231 (2) of that Act for the imprisonment of the person.
Release of apprehended person
(3) The court may order the release of a person referred to in subrule (2) on receiving an undertaking in Form F93 from that person.
Order for release
(4) A release order under subrule (3) must be in Form F94.
Hearing
(5) The court may give directions, including an order that the matter be transferred to the trial list under Rule 10-3 (7) (d), as to the conduct of a hearing into whether an order should be made under section 231 (2) of the Family Law Act for the imprisonment of a person.
Form of order
(6) An order made under section 231 (2) of the Family Law Act for the imprisonment of a person must be in Form F62.2.
Suspension of order for imprisonment
(7) The court at any time may direct that an imprisonment ordered under section 231 (2) of the Family Law Act be suspended for the period or on the terms or conditions the court may specify.
Release of person
(8) On application by or on behalf of a person imprisoned under section 231 (2) of the Family Law Act, the court may release that person, whether or not the period of committal has elapsed.
10 Rule 17-1 is amended
(a) in subrule (14) by striking out "applicant" and substituting "petitioner",
(b) in subrule (14) (b) by striking out "court day" and substituting "business day", and
(c) in subrule (15) by striking out everything after "registry" and by adding the following paragraphs:
(a) no earlier than 9 a.m. on the business day that is three full business days before the new date set for the hearing and no later than 4 p.m. on the business day that is one full business day before the new date set for the hearing, or
(b) if an earlier date is fixed by a registrar, on or before that date.
11 Rule 18-3 is amended
(a) by adding the following subrule:
Definitions
(0.1) In this rule:
"appellant" means a person who has filed a notice of appeal under subrule (2);
"party" means
(a) an appellant, and
(b) a respondent;
"respondent" means a person who has filed a notice of interest under subrule (8);
"specified appeal from Provincial Court" means an appeal under section 233 of the Family Law Act from an order of the Provincial Court. ,
(b) by repealing subrules (2) and (3) and substituting the following:
Form
(2) An appeal must be started by filing in a registry a notice of appeal,
(a) in the case of a specified appeal from Provincial Court, in Form F80, and
(b) in any other case, in Form F79.
Directions
(3) Other than in the case of a specified appeal from Provincial Court, a notice of appeal must include an application for directions as to the conduct of the appeal.
Service of application to extend time to appeal
(3.1) Without limiting Rule 17-1 (3), if an application is made for an order under section 233 (4) of the Family Law Act to extend the time limit for starting a specified appeal from Provincial Court, a copy of the filed petition must be served on all parties to the proceeding in Provincial Court. ,
(c) by repealing subrule (4),
(d) in subrule (5) by striking out "an application for directions under subrule (3) (b)" and substituting "other than in the case of a specified appeal from Provincial Court, an application for directions",
(e) by repealing subrule (6) and substituting the following:
Service of notice of appeal
(6) Unless the court otherwise orders, promptly after filing a notice of appeal, the appellant must,
(a) in the case of a specified appeal from Provincial Court,
(i) serve a copy of the filed notice of appeal by personal service on
(A) all parties to the proceeding in Provincial Court, and
(B) all other persons who may be affected by the order sought, and
(ii) file a copy of the filed notice of appeal in the Provincial Court registry where the order was made, and
(b) in any other case, serve a copy of the filed notice of appeal by personal service on
(i) the person or body that gave the decision or direction, or made the order, being appealed, and
(ii) all other persons who may be affected by the order sought. ,
(f) by adding the following subrule:
Appellant to order transcripts for specified appeal from Provincial Court
(7.1) Without limiting subrule (7) and unless the court otherwise orders, the appellant in a specified appeal from Provincial Court must, at the appellant's own expense,
(a) order a transcript of the oral evidence, if any, taken in the proceeding in the Provincial Court, and
(b) if the reasons for judgment for the order from which the appeal is taken were pronounced orally rather than issued in writing, order a transcript of the Provincial Court's reasons for judgment. ,
(g) in subrule (9) (b) by adding "promptly" before "serving",
(h) by adding the following subrule:
Form of order
(11) An order determining an appeal must be in Form F82.1. ,
(i) by adding the following heading after subrule (11):
Additional Requirements for Specified Appeals from Provincial Court
, and
(j) by adding the following subrules:
Time limit for filing proof and notice of hearing
(12) The appellant in a specified appeal from Provincial Court must, within 30 days after filing the notice of appeal, file the following:
(a) proof that the notice of appeal has been served in accordance with subrule (6) (a) (i);
(b) if transcripts are required under subrule (7.1), proof satisfactory to the registrar that the appellant has ordered the transcripts and that preparation of the transcripts has begun;
(c) a notice of hearing of appeal in accordance with subrule (9) (a).
Failure to comply with time limit for filing proof
(13) Unless the court otherwise orders, if the appellant fails to comply with subrule (12) (a) or (b), no further step may be taken on the appeal, including obtaining from a registrar a date for the hearing of the appeal, unless
(a) the court, on application by the appellant, extends the time limit referred to in subrule (12), and
(b) the appellant complies with subrule (12) (a) or (b), as the case may be, in accordance with the new time limit.
Requirement to serve of notice of hearing
(14) If, after filing a notice of hearing of appeal in a specified appeal from Provincial Court, the appellant is served with a copy of a filed notice of interest by a respondent, the appellant must promptly serve a copy of the filed notice of hearing of appeal on the respondent.
Time limit for filing transcripts and appellant's statement of argument
(15) The appellant in a specified appeal from Provincial Court must, within 60 days after filing the notice of appeal, do the following:
(a) file the transcripts, if any, referred to in subrule (7.1);
(b) file a statement of argument in Form F82.2;
(c) serve a copy of the filed transcripts on the respondents.
Requirement to serve appellant's statement of argument
(16) The appellant in a specified appeal from Provincial Court must, at least 21 days before the date set for the hearing of the appeal, serve a copy of the appellant's filed statement of argument on the respondents.
Requirement to file and serve respondent's statement of argument
(17) A respondent in a specified appeal from Provincial Court must, at least 14 days before the date set for the hearing of the appeal,
(a) file a statement of argument in Form F82.3, and
(b) serve a copy of the filed statement of argument on the appellant.
Written argument in reply
(18) An appellant in a specified appeal from Provincial Court must, at least 3 days before the date set for the hearing of the appeal,
(a) file a written argument in reply, if any, in Form F82.4 to a statement of argument filed under subrule (17) (a), and
(b) serve a copy of the filed written argument in reply on the person who filed the statement of argument.
No new evidence
(19) Unless the court otherwise orders, no new evidence may be tendered on a specified appeal from Provincial Court.
12 Forms F1, F37, F38, F40 and F54 in Appendix A are repealed and the following substituted:
Form F1 (Rule 2-2 (2) )
Form F37 (Rule 10-10 (2) )
Form F38 (Rule 10-10 (2) )
Affidavit - Desk Order Divorce
Form F40 (Rule 11-4 (3) )
Form F54 (Rule 15-1 (1) )
13 The following Forms are added to Appendix A:
Form F62.1 (Rule 15-4.1 (1) )
Form F62.2 (Rule 15-4.1 (6) )
14 Forms F71 and F80 in Appendix A are repealed and the following substituted:
Form F71 (Rule 16-1 (19) )
Form F80 (Rule 18-3 (2) )
15 The following Forms are added to Appendix A:
Form F82.1 (Rule 18-3 (11) )
Form F82.2 (Rule 18-3 (15) )
Appellant's Statement of Argument
Form F82.3 (Rule 18-3 (17) )
Respondent's Statement of Argument
Form F82.4 (Rule 18-3 (18) )
16 Forms F93 and F94 in Appendix A are repealed and the following substituted:
Form F93 (Rule 15-4.1 (3) and 21-7 (9) )
Form F94 (Rule 15-4.1 (4) and 21-7 (10) )
17 The following Form is added to Appendix A:
Form F99.1 (APPENDIX B, SECTION 2.1)
Offer to Settle Costs or Expenses
18 The title of Appendix B is repealed and the following substituted:
APPENDIX B – COSTS AND EXPENSES
19 The following sections are added to Appendix B:
2.1 (1) A party to an assessment of costs or expenses may serve on another party an offer to settle the amount of the bill of costs or list of expenses in Form F99.1.
(2) After the assessment has been completed, a party may produce the offer to the registrar, and if the registrar determines the offer should have been accepted,
(a) in the case where the party who made the offer is the party presenting the bill or list, the registrar may allow double the value of items in the Schedule that relate to the assessment to the party presenting the bill or list, and
(b) in the case where the party who made the offer is not the party presenting the bill or list, the registrar may do one or both of the following:
(i) disallow items in the Schedule that relate to the assessment to the party presenting the bill or list;
(ii) allow, by way of set-off, items in the Schedule that relate to the assessment to the party who made the offer.
5 This Appendix, as it read on January 18, 2026, applies to
(a) orders for costs made in a family law case after July 1, 2010 and before January 19, 2026,
(b) settlements reached in a family law case after July 1, 2010 and before January 19, 2026 under which payment of assessed costs is agreed to,
(c) costs payable on acceptance of an offer to settle made in a family law case under Rule 11-1, if that offer to settle was made after July 1, 2010 and before January 19, 2026, and
(d) all assessments related to those orders, settlements and costs.
20 The Schedule to Appendix B is amended by adding the following item as indicated:
| Item | Description | Costs ($) |
| 7.1 | Preparation for and attendance at an assessment of costs or expenses | 500 for each half day of attendance |
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