Section 1 (1) definition of "creditor", paragraph (a) BEFORE amended by 2002-40-60(a), effective September 30, 2002 (BC Reg 263/2002).
(a) in relation to a maintenance order, except one referred to in paragraph (b), means the person entitled under the order to receive maintenance for himself or herself or another person, and, in the following provisions of this Act, includes any minister to whom the order is assigned under the BC Benefits (Income Assistance) Act, the BC Benefits (Youth Works) Act or the Disability Benefits Program Act:
Section 1 (1) definition of "creditor", paragraph (a) BEFORE amended by 2002-41-43(a), effective September 30, 2002 (BC Reg 265/2002).
(a) in relation to a maintenance order, except one referred to in paragraph (b), means the person entitled under the order to receive maintenance for himself or herself or another person, and, in the following provisions of this Act, includes any minister to whom the order is assigned under the BC Benefits (Income Assistance) Act, the BC Benefits (Youth Works) Act or the Disability Benefits Program Act:
Section 1 (1.1) BEFORE amended by 2002-40-60(b), effective September 30, 2002 (BC Reg 263/2002).
(1.1) For the purposes of this Act, a maintenance order is considered to be assigned to a minister under the BC Benefits (Income Assistance) Act, the BC Benefits (Youth Works) Act or the Disability Benefits Program Act during the period
Section 1 (1.1) BEFORE amended by 2002-41-43(b), effective September 30, 2002 (BC Reg 265/2002).
(1.1) For the purposes of this Act, a maintenance order is considered to be assigned to a minister under the BC Benefits (Income Assistance) Act, the BC Benefits (Youth Works) Act or the Disability Benefits Program Act during the period
Section 1 (1) definitions of "maintenance order" and "reciprocating state" BEFORE amended by 2002-29-47, effective January 31, 2003 (BC Reg 15/2003) [2002-29-47 re-enacted by 2002-63-12, effective October 31, 2002 (Royal Assent)].
"maintenance order" means a provision for the payment of maintenance in an order or judgment that is enforceable in British Columbia and includes
(a) an interim order made under Part 8 of the Family Relations Act,
(b) an order made under section 21, and
(c) an agreement deemed to be a maintenance order under subsection (2),
but does not include a provisional order as defined in section 101 of the Family Relations Act;
"reciprocating state" has the same meaning as in section 101 of the Family Relations Act;
Section 1 (1) in definition of "maintenance", paragraph (j) was added by 2003-96-19, effective July 23, 2004 (BC Reg 362/2004).
Section 1 (1) in definition of "court", paragraph (a) BEFORE amended by 2007-14-14, effective October 1, 2007 (BC Reg 293/2007).
(a) in sections 3 (1) and (2), 9, 10, 12.1 (4), 13 to 24, 26 (1), (10), (12) and (13), 29.2 (2), 31, 32, 36 (2), 39, 40, 45 (c), 46, 47 (2) and (3), 49 (1) (b) and 51 (2) (c), the Supreme Court or the Provincial Court,
Section 1 (1) definition of "creditor", paragraph (b) BEFORE amended by 2011-25-341, effective March 18, 2013 (BC Reg 131/2012).
(b) in relation to a maintenance order requiring a parent to contribute to the maintenance of a child who is in the care of a director under the Child, Family and Community Service Act, means that director;
Section 1 (1) definition of "maintenance order", paragraph (a) BEFORE amended by 2011-25-341, effective March 18, 2013 (BC Reg 131/2012).
(a) an interim order made under Part 8 of the Family Relations Act,
Section 1 (1) definition of "spouse", paragraph (b) BEFORE amended by 2011-25-341, effective March 18, 2013 (BC Reg 131/2012).
(b) is living and cohabiting with a debtor in a marriage-like relationship, including a marriage-like relationship between persons of the same gender.
Section 1 (1) definition of "searchable information" was added by 2011-25-341, effective March 18, 2013 (BC Reg 131/2012).
Section 1 (2) (a) BEFORE amended by 2011-25-342, effective March 18, 2013 (BC Reg 131/2012).
(a) an agreement that, under section 121 or 122 of the Family Relations Act, is enforceable under this Act and contains a provision respecting maintenance;
Section 1 (3) BEFORE repealed by 2011-25-343, effective March 18, 2013 (BC Reg 131/2012).
(3) For the purposes of this Act, section 83 (9) of the Family Relations Act, R.S.B.C. 1979, c. 121, applies to an agreement referred to in subsection (2) (c) of this section.
Section 1 (1) definition of "family law arbitration award" was added by 2015-6-17, effective March 25, 2015 (Royal Assent).
Section 1 (1) definition of "maintenance order" (part) BEFORE amended by 2015-6-17, effective March 25, 2015 (Royal Assent).
"maintenance order" means a provision for the payment of maintenance in an order or judgment that is enforceable in British Columbia and includes
Section 1 (1) definition of "creditor", subparagraph (a) (i) BEFORE repealed by 2015-33-1, effective November 17, 2015 (Royal Assent).
Section 1 (1) definition of "family law arbitration award" BEFORE amended by 2020-2-75, effective September 1, 2020 (BC Reg 160/2020).
"family law arbitration award" means an award respecting a family law dispute that is made under the Arbitration Act and filed in a Supreme Court or Provincial Court registry;
Section 1 (1) definition of "creditor", paragraph (a) (part) BEFORE amended by 2023-10-254, effective March 30, 2023 (Royal Assent).
(a) in relation to a maintenance order, except one referred to in paragraph (b), means the person entitled under the order to receive maintenance for himself or herself or another person, and, in the following provisions of this Act, includes any minister to whom the order is assigned, or deemed to have been assigned, under the Employment and Assistance Act or the Employment and Assistance for Persons with Disabilities Act:
Section 2 (3) BEFORE amended by 2011-25-344, effective March 18, 2013 (BC Reg 131/2012).
(3) The director may delegate the power conferred on the director by section 8 (1) or (4) only to a person employed under the Public Service Act.
Section 3 (2) BEFORE amended by 2002-29-48, effective January 31, 2003 15/2003).
(2) Subject to the regulations, the court designated by the Attorney General for the purpose of the registration of final orders or the filing of confirmation orders under Part 8 of the Family Relations Act, or under an enactment replaced by that Part or repealed by that Act, must file with the director all final orders registered by or confirmation orders filed with that court, even though the orders were made, registered or filed with that court before this subsection came into force.
Section 3 (5) BEFORE amended by 2011-25-345, effective March 18, 2013 (BC Reg 131/2012).
(5) Subsection (4) does not apply to a variation of an agreement that is deemed under section 1 (2) of this Act to be a maintenance order unless the variation is filed under section 121 or 122 of the Family Relations Act.
Section 5 (2) BEFORE amended by 2002-40-60(b), effective September 30, 2002 (BC Reg 263/2002).
(2) Unless the maintenance order is assigned to a minister under the BC Benefits (Income Assistance) Act, the BC Benefits (Youth Works) Act or the Disability Benefits Program Act, the director
Section 5 (2) BEFORE amended by 2002-41-43(b), effective September 30, 2002 (BC Reg 265/2002).
(2) Unless the maintenance order is assigned to a minister under the BC Benefits (Income Assistance) Act, the BC Benefits (Youth Works) Act or the Disability Benefits Program Act, the director
Section 6 (5) BEFORE amended by 2002-40-60(c), effective September 30, 2002 (BC Reg 263/2002).
(5) Despite subsections (1), (2) and (2.1), a maintenance order that is assigned to a minister under the BC Benefits (Income Assistance) Act, the BC Benefits (Youth Works) Act or the Disability Benefits Program Act may only be withdrawn from filing
Section 6 (5) BEFORE amended by 2002-41-43(c), effective September 30, 2002 (BC Reg 265/2002).
(5) Despite subsections (1), (2) and (2.1), a maintenance order that is assigned to a minister under the BC Benefits (Income Assistance) Act, the BC Benefits (Youth Works) Act or the Disability Benefits Program Act may only be withdrawn from filing
Section 8 (4) BEFORE amended by 2002-29-49, effective January 31, 2003 (BC Reg 15/2003).
(4) The director may disclose information provided under subsection (3) to a person in a reciprocating state performing functions similar to those of the director.
Section 8 (1.1), (1.2) and (1.3) were added by 2007-14-15(a), effective October 1, 2007 (BC Reg 293/2007).
Section 8 (2) (part) BEFORE amended by 2007-14-15(b), effective October 1, 2007 (BC Reg 293/2007).
(2) Subsection (1) does not apply in respect of
Section 8 (3) BEFORE amended by 2007-14-15(c), effective October 1, 2007 (BC Reg 293/2007).
(3) Despite any other enactment or any common law rule of privilege or confidentiality, any person or public body, including the government, that receives a demand under subsection (1) must within 10 days provide any of the demanded information that is in any record in the possession or control of the person or public body.
Section 8 BEFORE re-enacted by 2011-25-346, effective March 18, 2013 (BC Reg 131/2012).
Access to information
8 (1) For the purpose of enforcing a maintenance order that is filed with the director or of obtaining information for a person performing similar functions in another jurisdiction, the director may demand from any person or public body, including the government, information that
(a) is in a record in the possession or control of that person or public body, and
(b) concerns
(i) the location, address or place of employment of a debtor,
(ii) the location of the assets or of the source of income of a debtor, or
(iii) particulars of the assets or income of a debtor.
(1.1) For the purpose of determining whether enforcement proceedings may be taken against a corporation in which a debtor, or an immediate family member as defined in section 14.2 (1), has an interest, the director may demand from any person or public body, including the government, information that
(a) is in a record in the possession or control of that person or public body, and
(b) concerns the particulars of the interest in that corporation of the debtor or immediate family member.
(1.2) For the purpose of enforcing a maintenance order that is filed with the director, the director may demand from any person or public body, including the government, information that is in a record in the possession or control of that person or public body and concerns the location, address or place of employment of a creditor.
(1.3) For the purpose of protecting the safety of a creditor or debtor who is the subject of a maintenance order that is filed with the director, or the safety of a child of the debtor or creditor, the director may demand from any person or public body, including the government, information that
(a) is in a record in the possession or control of that person or public body, and
(b) concerns an order made for the protection of the creditor, debtor or child under section 810, 810.1 or 810.2 of the Criminal Code or section 37, 38 or 126 of the Family Relations Act.
(2) Subsections (1) to (1.3) do not apply in respect of
(a) personal correspondence between the debtor and a parent, child, spouse, brother or sister of the debtor,
(b) information in the possession or control of
(i) a solicitor of the debtor, or
(ii) a family court counsellor, or
(c) information the disclosure of which is forbidden by section 9 (1) (b) of the Statistics Act.
(3) Despite any other enactment or any common law rule of privilege or confidentiality, any person or public body, including the government, that receives a demand under subsection (1), (1.1), (1.2) or (1.3) must within 10 days provide any of the demanded information that is in any record in the possession or control of the person or public body.
(4) The director may disclose information provided under subsection (3) to a person in a reciprocating jurisdiction performing functions similar to those of the director.
Section 8 (2) (b) BEFORE amended by 2014-9-24, effective May 26, 2014 (BC Reg 96/2014).
(b) information in the possession or control of a debtor's solicitor, if the information is subject to solicitor-client privilege;
Sections 8.1, 8.2, 8.3 and 8.4 were enacted by 2011-25-346, effective March 18, 2013 (BC Reg 131/2012).
Section 9 BEFORE re-enacted by 2011-25-346, effective March 18, 2013 (BC Reg 131/2012).
Order of court for access to information
9 (1) On application, the court may make an order under subsection (2) if it is satisfied that
(a) the director has been refused information after making a demand under section 8 (1),
(b) the director needs, for the purpose set out in section 8 (1), information in personal correspondence between a debtor and a parent, spouse, brother or sister of the debtor, or
(c) a creditor needs an order under this section in order to enforce a maintenance order that is not filed with the director.
(2) Despite any other enactment or any common law rule of privilege or confidentiality but subject to subsection (3), on an application under subsection (1), the court may order any person or public body, including the government, to provide to the applicant or to an individual named by the court any information that
(a) is in any record in the possession or control of that person or public body, and
(b) concerns
(i) the location, address or place of employment of a debtor,
(ii) the location of the assets or of the source of income of a debtor, or
(iii) particulars of the assets or income of a debtor.
(3) The court must not make an order under subsection (2) in respect of information described in section 8 (2) (b) or (c).
(4) If the court makes an order under subsection (2) or under a similar provision in an enactment of Canada, it may make any order it considers appropriate with respect to the confidentiality to be maintained in connection with the information provided.
Section 10 (1) (a) (ii) BEFORE amended by 2002-29-49, effective January 31, 2003 (BC Reg 15/2003).
(ii) if specified by the director, to a creditor, or to a reciprocating state, or
Section 10 (4.1) BEFORE amended by 2015-33-2, effective November 17, 2015 (Royal Assent).
(4.1) The director may reallocate the amount of payments received from a debtor amongst the creditors of the debtor if the director considers that it is reasonable and just to do so.
Section 11 (3) BEFORE amended by 2002-29-49, effective January 31, 2003 (BC Reg 15/2003).
(3) At the request of the proper officer of or a court of a reciprocating state, the director must provide a sworn statement of account with respect to a maintenance order, showing
Section 14 (2) BEFORE amended by 2007-14-16, effective October 1, 2007 (BC Reg 293/2007).
(2) If the debtor fails to comply with an order under subsection (1) (a), the court may, on application by the director or the creditor, issue
(a) a summons requiring the debtor to appear before the court at the time and place specified in the summons to show cause why the order should not be enforced, or
(b) a warrant authorizing the apprehension of the debtor to bring the debtor before the court to show cause why the order should not be enforced.
Section 14 (3) BEFORE repealed by 2007-14-16, effective October 1, 2007 (BC Reg 293/2007).
(3) If the court finds that a debtor who has been summoned or apprehended under subsection (2) is capable of complying with an order made under subsection (1) (a) and has not complied with it, the court may order the debtor to be imprisoned for a term not longer than 30 days.
Section 14.1 (1) BEFORE amended by 2003-70-140, effective March 29, 2004 (BC Reg 64/2004).
(1) In this section, "corporation" means a corporation as defined in section 1 of the Company Act for which the debtor
Section 14.2 (1) definition of "corporation" BEFORE amended by 2003-70-141, effective March 29, 2004 (BC Reg 64/2004).
"corporation" means a corporation as defined in section 1 of the Company Act if the control of the corporation is by
(a) the debtor, or
(b) the debtor and the immediate family members of the debtor together;
Section 14.2 (1) definition of "immediate family member" BEFORE amended by 2011-25-347(a), effective March 18, 2013 (BC Reg 131/2012).
"immediate family member" means a spouse, former spouse, child, sibling, step-sibling, half-sibling or parent of the debtor;
Section 14.2 (1) definition of "parent" BEFORE repealed by 2011-25-347(b), effective March 18, 2013 (BC Reg 131/2012).
"parent" means a parent as defined in section 1 of the Family Relations Act.
Section 14.4 (4) (b) BEFORE amended by 2002-40-60(d), effective September 30, 2002 (BC Reg 263/2002).
(b) the debtor was receiving income assistance under the BC Benefits (Income Assistance) Act, a youth allowance under the BC Benefits (Youth Works) Act or a disability allowance under the Disability Benefits Program Act at the time the further default occurred.
Section 14.4 (4) (b) BEFORE amended by 2002-41-43(d), effective September 30, 2002 (BC Reg 265/2002).
(b) the debtor was receiving income assistance under the BC Benefits (Income Assistance) Act, a youth allowance under the BC Benefits (Youth Works) Act or a disability allowance under the Disability Benefits Program Act at the time the further default occurred.
Section 14.4 (9) BEFORE amended by 2011-5-17, effective June 2, 2011 (Royal Assent).
(9) A certificate signed by the director stating the amount of a debtor's liability under subsection (4) on the date the certificate is signed may be filed with the court and, on the certificate being filed, payment of this amount may be enforced under this Part as if it were an order of the court.
Section 14.4 (4) (b) BEFORE amended by 2015-33-3, effective November 17, 2015 (Royal Assent).
(b) the debtor was receiving income assistance under the Employment and Assistance Act or disability assistance under the Employment and Assistance for Persons with Disabilities Act at the time the further default occurred.
Section 14.4 (2) BEFORE amended by 2020-14-11, effective August 14, 2020 (Royal Assent).
(2) A notice is conclusively deemed to be given under subsection (1) to the debtor on the 14th day after the notice is deposited with Canada Post to be mailed to the debtor's last known address.
Section 14.5 was enacted by 2015-33-4, effective April 1, 2015, [retro from November 17, 2015 (Royal Assent)].
Section 15 (3.1) to (3.4) and (8.1) were added by 2007-14-17(a) and (b), effective March 2, 2009 (BC Reg 19/2009).
Section 15 (9) BEFORE amended by 2007-14-17(c), effective March 2, 2009 (BC Reg 19/2009).
(9) In this section, "benefit" means a benefit as defined in the Pension Benefits Standards Act.
Section 15 (2) BEFORE repealed by 2011-5-18(a), effective June 2, 2011 (Royal Assent).
(2) After serving the notice of attachment, the director must promptly file with the court
(a) a copy of the notice of attachment, and
(b) if the maintenance order has not been filed with the court, a copy of
(i) the maintenance order, and
(ii) the notice of the filing of the maintenance order with the director.
Section 15 (6) (b) BEFORE amended by 2011-5-18(b), effective June 2, 2011 (Royal Assent).
(b) send to the director, within 5 days after each amount is deducted in accordance with the notice of attachment, a cheque or money order payable to the person specified in the notice of attachment.
Section 15 (8) BEFORE amended by 2011-5-18(c), effective June 2, 2011 (Royal Assent).
(8) Payment by an attachee to the person specified in the notice of attachment discharges the attachee's obligation to the debtor to the extent of the payment.
Section 15 (1) BEFORE amended by 2015-33-5(a), effective November 17, 2015 (Royal Assent).
(1) If the debtor has at any time defaulted in a payment required under a maintenance order, the director may serve a notice of attachment in the prescribed form on a person who is indebted or likely to become indebted to the debtor.
Section 15 (9) definition of "benefit" BEFORE amended by 2014-17-17, effective May 4, 2016 (BC Reg 101/2016).
"benefit" means a benefit as defined in the Pension Benefits Standards Act;
Section 15 (9) definition of "applied Act" was added by 2014-17-17, effective May 4, 2016 (BC Reg 101/2016).
Section 16 (10) BEFORE amended by 2014-17-18, effective May 4, 2016 (BC Reg 101/2016).
(10) In this section, "benefit" means a benefit as defined in the Pension Benefits Standards Act.
Section 16 (8) (b) BEFORE amended by 2023-10-256, effective March 30, 2023 (Royal Assent).
(b) the debtor has fully satisfied his or her obligations under the maintenance order and no further payments will be due from the debtor to the creditor, or
Sections 17 (2) BEFORE amended by 2007-14-18, effective March 2, 2009 (BC Reg 19/2009).
(2) Sections 15 (2) to (8) and 16 apply in respect of a notice of attachment served under this section.
Section 17 (2) BEFORE amended by 2011-5-19, effective June 2, 2011 (Royal Assent).
(2) Sections 15 (2) to (8.1) and 16 apply in respect of a notice of attachment served under this section.
Section 17 BEFORE re-enacted by 2015-33-6, effective November 17, 2015 (Royal Assent).
Notice of attachment from outside British Columbia
17 (1) The director may serve a notice of attachment in accordance with section 15 (1) if both of the following are filed with the director:
(a) an order that contains a provision for the payment of maintenance and that is made by a competent authority outside British Columbia;
(i) is of similar effect to a notice of attachment,
(ii) purports to be issued by a competent authority outside British Columbia,
(iii) states that it is issued in respect of maintenance, and
(iv) is written in or accompanied by a sworn or certified translation into English.
(2) Sections 15 (3) to (8.1) and 16 apply in respect of a notice of attachment served under this section.
(3) For the purposes of the application of sections 15 and 16 to a notice of attachment under this section,
"debtor" includes a person who is required by an order filed under subsection (1) (a) to pay maintenance;
"maintenance order" includes an order filed under subsection (1) (a).
Section 21 (5) BEFORE amended by 2023-10-257, effective March 30, 2023 (Royal Assent).
(5) The court may make an order under subsection (1), (2) or (11) in the absence of the debtor if he or she was served with a summons issued under section 19 or was apprehended under a warrant issued under section 20.
Section 22 (2) BEFORE amended by 2015-33-7, effective November 17, 2015 (Royal Assent).
(2) If the court finds that a debtor who has been summoned or apprehended under subsection (1) is capable of complying with an order under section 21 (1) (a) or (b) and has not complied with the order, the court may order the debtor
(a) to pay an amount not exceeding $5 000 for the benefit of the creditor, or
Section 23 (2) BEFORE amended by 2007-14-19(a), effective October 1, 2007 (BC Reg 293/2007).
(2) If a debtor fails to appear before the court at the time and place indicated on a summons issued under subsection (1) or if the court is satisfied that a debtor is evading service of the summons, the court may issue a warrant for the arrest of the debtor for the purpose of bringing the debtor before the court for a committal hearing.
Section 23 (7.1), (7.2), (7.3) and (7.4) were added by 2007-14-19(b), effective October 1, 2007 (BC Reg 293/2007).
Section 24 (10) BEFORE amended by 2014-17-19, effective May 4, 2016 (BC Reg 101/2016).
(10) In this section, "benefit" means a benefit as defined in the Pension Benefits Standards Act.
Section 25 (1) definition of "money" BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).
"money" means
(a) wages, salary or other remuneration,
(a.1) a benefit as defined in the Pension Benefits Standards Act, or
(b) any prescribed payments or prescribed benefits authorized to be paid by the government or a government corporation by or under an enactment or a program under an enactment.
Section 25 (1) definition of "applied Act" was added by 2014-17-20, effective May 4, 2016 (BC Reg 101/2016).
Section 25 (1) definition of "money", paragraphs (a.2) and (a.3), were added by 2014-17-20, effective May 4, 2016 (BC Reg 101/2016).
Section 25 (2) BEFORE amended by 2014-17-21, effective May 4, 2016 (BC Reg 101/2016).
(2) Despite any other Act, the government or a government corporation may
(a) for the purpose of attaching or garnishing any money that is due to a debtor, be named as the attachee in a notice of attachment or as the garnishee in an order under section 18 (2), or
(b) for the purpose of attaching any wages, salary or other remuneration, or any benefit as defined in the Pension Benefits Standards Act, be named as the person directed to pay under an attachment order.
Section 26 (1) BEFORE amended by 2011-5-20, effective June 2, 2011 (Royal Assent).
(1) A maintenance order may be registered in a land title office in the same manner as a charge is registered and is deemed for the purposes of Part 5 of the Court Order Enforcement Act to be a judgment as defined in section 81 of that Act if an application is made under this section for the registration and the application is accompanied by
(a) a copy of the maintenance order certified by a proper officer of the court, or
(b) a copy of a copy described by paragraph (a) certified by the director to be a true copy, as described by paragraph (a), filed with the director.
Section 26 (11) BEFORE amended by 2011-25-348, effective March 18, 2013 (BC Reg 131/2012).
(11) If a maintenance order is registered under this section against land charged under section 93 (3) (c) of the Family Relations Act, the registrar of titles must not register the discharge or postponement of the registered order without an order under subsection (10).
Section 26 (1) BEFORE amended by 2018-14-1(a), effective January 1, 2019 (BC Reg 277/2018).
(1) A maintenance order may be registered in a land title office in the same manner as a charge is registered and is deemed for the purposes of Part 5 of the Court Order Enforcement Act to be a judgment as defined in section 81 of that Act if an application is made under this section for the registration and the application is accompanied by,
(a) if registration is by the director, a copy of the maintenance order, or
(b) in any other case, a copy of the maintenance order certified by a proper officer of the court.
Section 26 (2) and (3) BEFORE amended by 2018-14-1(a), effective January 1, 2019 (BC Reg 277/2018).
(2) The creditor may apply for registration of a maintenance order unless it is filed with the director.
(3) With the consent of the creditor, the director may apply for registration of a maintenance order that is filed with the director.
Section 26 (4.1) BEFORE amended by 2018-14-1(b), effective January 1, 2019 (BC Reg 277/2018).
(4.1) If a maintenance order registered under this section is varied, the maintenance order as varied is deemed to be registered and has the same priority as the registered maintenance order.
Section 26 (5), (6), (7), (8), (9), (10) and (11) BEFORE amended by 2018-14-1(c), (d) and (e), effective January 1, 2019 (BC Reg 277/2018).
(5) Sections 83 (1), 95 and 111 of the Court Order Enforcement Act do not apply in respect of a maintenance order registered under this section.
(6) If a maintenance order is registered on application by the director, the registrar of titles must note that fact in the register.
(7) Despite the Land Title Act but subject to subsections (10) and (11) of this section, the registrar of titles must not register the discharge or postponement of a maintenance order that is registered under this section unless the discharge or postponement is signed
(a) by the creditor, if the creditor applied for registration of the order, or
(b) by the director, if the director applied for registration of the order.
(8) Before signing a discharge or postponement of a maintenance order under subsection (7), the director must send by ordinary mail to the creditor a notice of the director's intention to sign the discharge or postponement.
(9) The inability of the director, after reasonable effort, to notify the creditor of the director's intention to sign the discharge or postponement of a maintenance order does not render the discharge or postponement ineffective.
(a) the person against whose land a maintenance order is registered, or
(b) the creditor, if the director refuses to sign a discharge or postponement of a registered order,
the court may make an order discharging or partially discharging the registered order or an order postponing the registered order to allow the registration of a charge.
(11) If a maintenance order is registered under this section against land charged under section 170 (d) of the Family Law Act, the registrar of titles must not register the discharge or postponement of the registered order without an order under subsection (10).
Section 26.1 (8) (a) BEFORE amended by 2003-75-41, effective December 8, 2003 (BC Reg 441/2003).
(a) issue a transport permit under section 25 of the Manufactured Home Act, or
Section 26.1 (5) (b) BEFORE amended by RS2019-1-RevSch 2, effective April 6, 2020 (BC Reg 207/2019).
Section 29.1 (1) to (3) BEFORE amended by 2007-14-22, effective March 2, 2009 (BC Reg 19/2009).
(1) If a maintenance order is filed with the director and the debtor is in default and the arrears under the maintenance order total $3 000 or more, the director may
(a) give the debtor 30 days' notice that action under this section will be taken, and
(b) prepare and forward to the Insurance Corporation of British Columbia, after the 30 days referred to in paragraph (a), a notice stating that the debtor is in default.
(2) The director may act under subsection (1) (b) without complying with subsection (1) (a) if
(a) subsection (6) applies, or
(b) the director considers that it is impractical to contact the debtor.
(3) On receipt of a notice under subsection (1), the Insurance Corporation of British Columbia must not issue or renew a driver's licence of the debtor until the Insurance Corporation of British Columbia is advised by the director that
(a) the maintenance order has been withdrawn under section 6,
(b) the maintenance order is no longer in arrears, or
(c) direction is given under section 29.2 to disregard the notice under subsection (1).
Section 29.1 (2.1), (3.1) and (3.2) were added by 2007-14-22(a), effective March 2, 2009 (BC Reg 19/2009).
Section 29.1 (4) BEFORE amended by 2007-14-22(b), effective March 2, 2009 (BC Reg 19/2009).
(4) The director may, as a condition for acting under subsection (3) (b), require the debtor to give the director a deposit in a prescribed amount as security for future payments under the maintenance order in addition to paying the arrears.
Section 29.1 (6) (a) BEFORE amended by 2007-14-22(c), effective March 2, 2009 (BC Reg 19/2009).
(a) prepare and forward to the Insurance Corporation of British Columbia a further notice under subsection (1) without further notice to the debtor, and
Section 29.1 (2) and (3) BEFORE amended by 2018-14-2(a) and (b), effective March 1, 2019 (BC Reg 20/2019).
(2) At least 30 days before forwarding a notice to the Insurance Corporation of British Columbia under subsection (1) (a), the director must give the debtor notice that action under this section will be taken in relation to the debtor's driver's licence.
(3) On receipt of a notice under subsection (1) (a), the Insurance Corporation of British Columbia, for the applicable period under subsection (3.2), must not issue or renew a driver's licence of the debtor.
Section 29.1 (7) BEFORE amended by 2018-14-2(c), effective March 1, 2019 (BC Reg 20/2019).
(7) Action by the Insurance Corporation of British Columbia under subsection (3) or the giving of a deposit under subsection (4) is not a bar to the bringing of other proceedings under this Part to enforce payment under the maintenance order.
Section 29.1 (2.1) BEFORE amended by 2020-14-12, effective February 1, 2021 (BC Reg 23/2021).
(2.1) At least 60 days before forwarding a notice to the Insurance Corporation of British Columbia under subsection (1) (b), and again at least 30 days before forwarding the notice under subsection (1) (b), the director must give the debtor notice, which must be in the manner prescribed by the regulations, that action under this section will be taken in relation to a licence and corresponding number plates for any motor vehicle or trailer owned by the debtor.
Section 29.1 (3.01) (part) BEFORE amended by 2023-10-258, effective March 30, 2023 (Royal Assent).
(3.01) If a person is notified that his or her driver's licence has been cancelled under subsection (3), the person must,
Section 29.2 (2) BEFORE amended by 2003-96-21, effective July 23, 2004 (BC Reg 362/2004).
(2) If the director refuses to act under subsection (1) (a), the court, on application by the debtor, may summarily determine whether the refusal was unreasonable and, if the refusal is found to be unreasonable, may order the director to act under subsection (1).
Sections 29.2 (1) (b) BEFORE amended by 2007-14-23, effective March 2, 2009 (BC Reg 19/2009).
(b) the lack of a driver's licence will significantly reduce the debtor's ability to pay under the maintenance order and the debtor has entered into an arrangement that is satisfactory to the director to report the debtor's financial circumstances from time to time, or
Section 33 (1) BEFORE amended by 2015-33-8, effective November 17, 2015 (Royal Assent).
(1) If a copy of a maintenance order made by or registered for enforcement with the Supreme Court is certified by a proper officer of that court and is filed with the Provincial Court, the order, including arrears that accrued before the filing, may be enforced under this Act by the Provincial Court as if it were an order of that court.
Section 43 (1) (c) (i) BEFORE amended by 2002-40-60(e), effective September 30, 2002 (BC Reg 263/2002).
(i) under and for the purposes of the administration of the BC Benefits (Income Assistance) Act, the BC Benefits (Youth Works) Act or the Disability Benefits Program Act, and
Section 43 (1) (c) (i) BEFORE amended by 2002-41-43(e), effective September 30, 2002 (BC Reg 265/2002).
(i) under and for the purposes of the administration of the BC Benefits (Income Assistance) Act, the BC Benefits (Youth Works) Act or the Disability Benefits Program Act, and
Section 43 (3) and (4) BEFORE amended by 2004-2-215, effective July 4, 2004 (BC Reg 274/2004).
(3) Despite subsection (1), the director in prescribed circumstances may disclose to a reporting agency, as defined in section 1 of the Credit Reporting Act, the fact that a debtor is in arrears under a maintenance order filed with the director.
(4) Section 11 (3) (k) of the Credit Reporting Act does not apply to a disclosure under subsection (3).
Section 43 (2) BEFORE amended by 2004-64-18, effective October 21, 2004 (Royal Assent).
(2) Subsection (1) does not apply to information for research purposes disclosed in accordance with section 35 of the Freedom of Information and Protection of Privacy Act.
Section 43 (4) BEFORE amended by BC Reg 335/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 335/2006).
(4) Section 106 (1) (o) of the Business Practices and Consumer Protection Act does not apply to a disclosure under subsection(3).
Section 43 (1) (c) (i) BEFORE amended by 2011-5-21, effective June 2, 2011 (Royal Assent).
(c) in accordance with an information-sharing agreement that is entered into
(i) under and for the purposes of the administration of the Employment and Assistance Act or the Employment and Assistance for Persons with Disabilities Act, and
(ii) with the minister responsible for the administration of this Act.
Section 43 (2) BEFORE amended by 2011-17-35, effective November 14, 2011 (Royal Assent).
(2) Subsection (1) does not apply to information for research purposes disclosed in accordance with section 33.2 (k) of the Freedom of Information and Protection of Privacy Act.
Section 43 (1) (b) BEFORE amended and (a.1) was added by 2014-9-25, effective May 26, 2014 (BC Reg 96/2014).
Section 43 (2) BEFORE amended by 2021-39-63, effective November 25, 2021 (Royal Assent).
(2) Subsection (1) does not apply to information for research purposes disclosed in accordance with section 33.1 (1) (s) of the Freedom of Information and Protection of Privacy Act.
Section 44 (a) BEFORE amended by 2002-40-60(f), effective September 30, 2002 (BC Reg 263/2002).
(a) the Attorney General, the minister under the BC Benefits (Income Assistance) Act, the director or a person acting under the authority of any of them, or
Section 44 BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
Protection against action
44 An action for damages does not lie and must not be instituted against
(a) the Attorney General, the minister under the Employment and Assistance Act or the BC Benefits (Income Assistance) Act, the director or a person acting under the authority of any of them, or
(b) a person, service, agency or other body to whom the director has under section 2 (2) delegated a power, duty or function
for anything done in good faith in the performance or intended performance of a duty or in the exercise or intended exercise of a power or function under this Act or the regulations or for any neglect or default in the performance or exercise in good faith of that duty, power or function.
Section 46 (1) (part) and (1) (a) BEFORE amended by 2007-14-26(b) and (c), effective October 1, 2007 (BC Reg 293/2007).
(1) On application by the creditor or the director, the court may
(a) make an order restraining any person from molesting, annoying, harassing, communicating with or attempting to molest, annoy, harass or communicate with a creditor or with the director, a person to whom the director has delegated a power, duty or function under section 2 or an employee of that person, and
Section 46 (2) BEFORE amended by 2011-25-349, effective March 18, 2013 (BC Reg 131/2012).
(2) An application under this section may be made by
(a) the director, if the maintenance order is filed with the director, or
(b) the creditor or debtor, if the maintenance order is not filed with the director.
Section 47 (2) BEFORE amended by 2023-10-259, effective March 30, 2023 (Royal Assent).
(2) On the application of an employee who alleges that he or she is the subject of a contravention of subsection (1), the court may, if it finds the allegation to be true, make any order in favour of the employee that it considers just, including an order for reinstatement and an award of damages.
Section 48 (1) BEFORE amended by 2007-14-27, effective October 1, 2007 (BC Reg 293/2007).
(1) An appeal lies from an order of the Provincial Court under this Act and sections 101 to 104, 108 to 112, 114, 115 and 117 to 124 of the Offence Act respecting appeals apply.
Section 48 (1) and (2) BEFORE amended by 2011-25-350, effective March 18, 2013 (BC Reg 131/2012).
(1) A person may appeal an order of the Provincial Court made under this Act to the Supreme Court and section 16 (3) to (7) of the Family Relations Act applies in respect of the appeal.
(2) Section 14 of the Family Relations Act applies in respect of any order made under this Act.
Section 51 (2) (b) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(b) respecting service of documents under this Act or the regulations;
Section 51 (2) (i.7), (i.8), (l.1) and (l.2) were added by 2007-14-28(b), effective March 2, 2009 (BC Reg 19/2009).
Section 51 (2) (d) and (e) BEFORE amended by 2011-25-351, effective March 18, 2013 (BC Reg 131/2012).
(d) governing, with respect to Provincial Court proceedings under this Act, any matter referred to in section 73 of the Family Relations Act, R.S.B.C. 1979, c. 121;
(e) providing that specified provisions of the Family Relations Act apply for the purposes of this Act;
Section 51 (2) (i.7) and (i.8) BEFORE amended by 2018-14-4, effective March 1, 2019 (BC Reg 20/2019).
(i.7) prescribing the manner of giving notice under section 29.1 (2.1);
(i.8) prescribing the circumstances under which notice is deemed to have been given or deemed to have been received for the purposes of sections 29.1 (2) and (2.1);
Section 51 (3) (a) BEFORE amended by 2023-10-260, effective March 30, 2023 (Royal Assent).
(a) the director in the performance of his or her duties or functions or the exercise of his or her powers under this Act, or
Supplement BEFORE repealed by 2006-33-1(1) (k), effective May 18, 2006 (Royal Assent).
[Supplement]
Family Maintenance Enforcement Act
[RSBC 1996] CHAPTER 127
1 Section 1 (1) of the Family Maintenance Enforcement Act is amended
(a) in the definition of "court" in paragraph (a) by adding "2.1," after "in sections",
(b) [Spent]
(c) in the definition of "maintenance order" by repealing paragraphs (a) to (c) and substituting the following:
(a) a bench order made under section 2.1,
(b) an interim order made under Part 8 of the Family Relations Act,
(c) an order made under section 21, and
(d) an agreement deemed to be a maintenance order under subsection (2), .
1994-36-1(a) (part),(c) (part),(d).
2 The following section is added:
Bench maintenance orders
2.1 (1) A party to an application for a maintenance order or a variation of a maintenance order must file with the court a statement in the prescribed form indicating whether the party wishes the maintenance order filed with the director.
(2) The statement may be filed under subsection (1) at any time up to the hearing of the application for the maintenance order or for the variation of a maintenance order.
(3) If a statement requesting the filing of a maintenance order with the director has been filed under subsection (1), both parties must complete and file with the court before the hearing of the application an enforcement statement in the prescribed form.
(4) If a statement requesting the filing of a maintenance order with the director has been filed under subsection (1), the court, on making or varying the maintenance order, must make a bench order in the prescribed form setting out the terms of the maintenance order.
(5) A bench order must be completed and signed by the court at the time the maintenance order is made and must be filed with the court immediately after it is signed, even if the maintenance order has not been settled or signed at that time.
(6) The clerk or registrar of the court that makes the bench order must
(a) file the bench order with the director promptly after it is signed by and filed with the court, and
(b) forward each enforcement statement to the director with the bench order.
1988-3-2.1; 1994-36-3.
3 and 4 [Spent]
5 [Repealed 1997-19-7.]
6 [Spent]
7 Section 33 (2) is amended by adding "2.1," after "sections".
1994-36-27(part).
8 Section 49 (1) is amended by adding the following paragraph:
(a.1) knowingly gives false information in an enforcement statement filed under section 2.1 (3); .
1994-36-33(part).