B.C. Reg. 188/2024, deposited July 8, 2024, under the COURT RULES ACT [section 1]. Order in Council 432/2024, approved and ordered July 8, 2024.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective December 1, 2024, the Supreme Court Family Rules, B.C. Reg. 169/2009, are amended as set out in the attached Schedule.

— N. SHARMA, Attorney General; A. KANG, Presiding Member of the Executive Council.

Schedule

1 Rule 1-1 (1) of the Supreme Court Family Rules, B.C. Reg. 169/2009, is amended by adding the following definitions:

"Divorce Act proceeding" means a family law case in which an order is sought under the Divorce Act;

"official language" means

(a) the English language, and

(b) the French language; .

2 Rule 7-1 (15) is amended by adding the following paragraph:

(j.1) without limiting any other orders that may be made under this subrule, in the case of a Divorce Act proceeding, make orders respecting the use of either official language in the proceeding, including orders respecting

(i) the translation of evidence, affidavits, pleadings, submissions and documents, including documents relating to an application,

(ii) the payment by one or more parties of the costs of preparing a translation referred to in subparagraph (i), and

(iii) the time limits for the filing and service of documents, including orders waiving or modifying a period referred to in Rule 20-7 (8) (b); .

3 Rule 7.1-3 (1) is amended by adding the following paragraph:

(r.1) in the case of a Divorce Act proceeding, make any order referred to in Rule 7-1 (15) (j.1); .

4 Rule 14-3 is amended

(a) in subrule (1) (b) by striking out "or" at the end of subparagraph (ii), by adding "or" at the end of subparagraph (iii) and by adding the following subparagraph:

(iv) in the case of a Divorce Act proceeding, a party intends to file documents, give evidence or make submissions in the French language or both official languages. , and

(b) in subrule (9) by adding the following paragraph:

(j.1) without limiting any other orders that may be made under this subrule, in the case of a Divorce Act proceeding, make orders respecting the use of either official language in the proceeding, including orders respecting

(i) the translation of evidence, affidavits, submissions and documents, and

(ii) the payment by one or more parties of the costs of preparing a translation referred to in subparagraph (i); .

5 The heading to Part 20 is amended by adding "OR PROCEEDINGS" after "PARTIES".

6 The following Rule is added:

Rule 20-7 – Divorce Act Proceedings

Application

(1) This rule applies only to Divorce Act proceedings.

French translation of forms

(2) A party to a Divorce Act proceeding may use a French language translation of a form in Appendix A.

Documents in either official language

(3) Despite Rule 21-1 (2), documents prepared for use in court in a Divorce Act proceeding may be in either official language, unless the court otherwise orders.

Official language selection in pleadings, petition or response to petition

(4) A pleading, petition or response to a petition in a Divorce Act proceeding must indicate whether the filing party intends to file documents, give evidence or make submissions in the English language, the French language or both official languages.

Change in selection of official language

(5) Unless the court otherwise orders, if a party did not indicate their intention under subrule (4) or a party wishes to change their choice, the party may file a notice in Form F86.1 to indicate that they intend to file documents, give evidence or make submissions in the English language, the French language or both official languages.

Confirmation before hearing or conference

(6) If a party indicated their intention under subrule (4) or (5) to file documents, give evidence or make submissions in the French language or both official languages, the party must, before a hearing or conference, file a notice in Form F86.1 to confirm that they intend to file documents, give evidence or make submissions in the French language or both official languages at the hearing or conference.

Interpretation of a French language affidavit into another language

(7) If all or a portion of an affidavit is in the French language and it appears to the person before whom the affidavit is to be sworn or affirmed that the person swearing or affirming the affidavit does not understand the French language, the affidavit must be interpreted to the person swearing or affirming the affidavit by a competent interpreter who must certify on the affidavit, by endorsement in Form F30, that the interpreter has interpreted the affidavit to the person swearing or affirming the affidavit.

Time limits for service extended

(8) Unless the court otherwise orders, if a person served with a copy of a filed document in one official language intends to file a document in the other official language and requires additional time to prepare the document,

(a) the person may file a requisition in Form F86.2, and

(b) on filing of the requisition, the applicable period referred to in these Supreme Court Family Rules, within which the document must be filed and served, is extended by an additional period of 10 days or, if the applicable period refers to business days, 10 business days.

Transcripts

(9) Despite Rule 21-1 (3), transcripts of oral evidence may be in either official language, unless the court otherwise orders.

Consolidation

(10) If one or more of the proceedings consolidated under Rule 21-3 (8) or (8.1) is a Divorce Act proceeding, the court may, in the order for consolidation, make orders respecting the use of an official language in the consolidated proceeding.

7 Forms F1, F3, F4, F5, F6, F30, F73 and F74 in Appendix A are repealed and the attached Forms F1, F3, F4, F5, F6, F30, F73 and F74 substituted.

8 The attached Forms F86.1 and F86.2 are added to Appendix A.

Form F1
Form F3
Form F4
Form F5
Form F6
Form F30
Form F73
Form F74
Form F86.1
Form F86.2

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