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B.C. Reg. 165/2024, deposited July 2, 2024, under the COURT RULES ACT [section 1]. Order in Council 378/2024, approved and ordered July 2, 2024.
On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders the following, effective September 9, 2024:
(a) the Supreme Court Civil Rules, B.C. Reg. 168/2009, are amended as set out in the attached Schedule 1;
(b) the Supreme Court Family Rules, B.C. Reg. 169/2009, are amended as set out in the attached Schedule 2.
— N. SHARMA, Attorney General; G. HEYMAN, Presiding Member of the Executive Council.
Schedule 1
1 Rule 8-1 of the Supreme Court Civil Rules, B.C. Reg. 168/2009, is amended
(a) by repealing subrule (15) (b) (i) and substituting the following:
(i) a cover page in Form 30.001; , and
(b) in subrule (21.1) (a) by adding the following subparagraph:
(i.1) the place of hearing; .
2 Rule 12-3 (1) is amended by renumbering paragraph (a) as (a.1) and by adding the following paragraph:
(a) a cover page in Form 30.001, .
3 Rule 16-1 is amended
(a) by repealing subrule (11) (b) (i) and substituting the following:
(i) a cover page in Form 30.001; , and
(b) in subrule (16.1) (a) by adding the following subparagraph:
(i.1) the place of hearing; .
4 Rule 22-2 is amended
(a) in subrule (5) by striking out "Sworn (or affirmed) before me at .............. British Columbia on ......[dd/mmm/yyyy]....." and substituting the following:
SWORN (OR AFFIRMED) BEFORE ME
at ......[commissioner’s city/town]......,
British Columbia on ..........[date]...........
............................................................................
A commissioner for taking
affidavits for British Columbia
....[print name or affix stamp of commissioner].... , and
(b) by adding the following subrule:
Swearing or affirming affidavit by video conference
(6.1) If a person swears or affirms an affidavit before another person by video conference,
(a) the affidavit must state, in its last numbered paragraph, that the person swearing or affirming the affidavit was not physically present before the other person but was before that person by video conference, and
(b) for the purposes of this Rule, the affidavit is to be considered to have been sworn or affirmed in the presence, and at the location, of the person before whom the affidavit is sworn or affirmed.
5 Rule 23-6 is amended
(a) by repealing subrule (3.1) (b) (i) and substituting the following:
(i) a cover page in Form 30.001; , and
(b) by repealing subrule (8.8) (b) (i) and substituting the following:
(i) a cover page in Form 30.001, .
6 Forms 15, 16, 17.2, 20, 20.1, 33.1, 38, 41, 60, 68, 78, 80, 83, 109 and 120 in Appendix A are repealed and the following substituted:
7 The following form is added to Appendix A:
Schedule 2
1 Rule 1-1 (1) of the Supreme Court Family Rules, B.C. Reg. 169/2009, is amended
(a) by adding the following definition:
"FMEA Director" means the Director of Maintenance Enforcement under the Family Maintenance Enforcement Act; ,
(b) by repealing the definition of "FMEP Director", and
(c) in the definition of "party", by striking out "FMEP Director" and substituting "FMEA Director".
2 Rules 6-2 (2) and 6-3 (2) (b) are amended by striking out "FMEP Director" wherever it appears and substituting "FMEA Director".
3 Rule 10-4 is amended
(a) in subrule (5) by striking out "Sworn (or affirmed) before me at .............. British Columbia on ......[dd/mmm/yyyy]....." and substituting the following:
SWORN (OR AFFIRMED) BEFORE ME
at ......[commissioner’s city/town]......,
British Columbia on ..........[date]...........
............................................................................
A commissioner for taking
affidavits for British Columbia
....[print name or affix stamp of commissioner].... . , and
(b) by adding the following subrule:
Swearing or affirming affidavit by video conference
(6.1) If a person swears or affirms an affidavit before another person by video conference,
(a) the affidavit must state, in its last numbered paragraph, that the person swearing or affirming the affidavit was not physically present before the other person but was before that person by video conference, and
(b) for the purposes of this Rule, the affidavit is to be considered to have been sworn or affirmed in the presence, and at the location, of the person before whom the affidavit is sworn or affirmed.
4 Rule 10-6 is amended
(a) by repealing subrule (14) (b) (i) and substituting the following:
(i) a cover page in Form F32.2; , and
(b) in subrule (19.1) (a) by adding the following subparagraph:
(i.1) the place of hearing; .
5 Rule 14-4 (1) is amended by renumbering paragraph (a) as (a.1) and by adding the following paragraph:
(a) a cover page in Form F32.2, .
6 Rule 17-1 is amended
(a) by repealing subrule (11) (b) (i) and substituting the following:
(i) a cover page in Form F32.2; , and
(b) in subrule (16.1) (a) by adding the following subparagraph:
(i.1) the place of hearing; .
7 Rule 22-7 is amended
(a) by repealing subrule (3.1) (b) (i) and substituting the following:
(i) a cover page in Form F32.2; , and
(b) by repealing subrule (8.8) (b) (i) and substituting the following:
(i) a cover page in Form F32.2, .
8 Forms F8, F15, F16, F19, F19.1, F19.3, F30, F31, F32.1, F37, F38, F41, F45, F70, F71, F84, F86, F97 and F101 in Appendix A are repealed and the following substituted:
9 The following form is added to Appendix A:
10 Item 6 in the Schedule to Appendix B is amended by adding "case planning conference," before "uncontested application".
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