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B.C. Reg. 105/2026, deposited June 26, 2026, under the CARBON TAX ACT [section 84.1], COURT RULES ACT [section 1], EMPLOYER HEALTH TAX ACT [section 106.1], INSURANCE PREMIUM TAX ACT [section 42], LOGGING TAX ACT [section 43], MINERAL TAX ACT [section 44.1], MOTOR FUEL TAX ACT [section 74], PROPERTY TRANSFER TAX ACT [section 37.2], PROVINCIAL SALES TAX ACT [section 245.1], RESIDENTIAL PROPERTY (SHORT-TERM HOLDING) PROFIT TAX ACT [sections 105 and 110], SPECULATION AND VACANCY TAX ACT [section 138.1] and TOBACCO TAX ACT [section 44.11]. Order in Council 264/2026, approved and ordered June 26, 2026.
On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective October 1, 2026,
(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, and
(c) the Tax Appeals Regulation, B.C. Reg. 135/2024, is amended as set out in the attached Schedule 3.
— N. SHARMA, Attorney General and Deputy Premier; J. OSBORNE, 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) in subrule (1) by striking out "files" and substituting "serves",
(b) by repealing subrule (3) and substituting the following:
Notice of application
(3) A party wishing to apply under this rule must serve the following on each of the parties of record and on every other person, other than a party, who may be affected by the orders sought:
(a) a copy of an unfiled notice of application;
(b) a copy of any affidavit or other evidence that
(i) is to be referred to by the applicant at the hearing, and
(ii) has not already been served on that person;
(c) in the case of an application that is brought under Rule 9-7, any notice that the applicant is required to give under Rule 9-7 (9). ,
(c) in subrule (4) (d) by striking out "other documents" and substituting "other evidence",
(d) by repealing subrule (4) (f) and substituting the following:
(f) subject to subrules (14.2) and (14.3), if the applicant wishes to propose a date and time for the hearing of the application, set out the proposed date and time, ,
(e) by repealing subrules (5), (6), (7) and (8),
(f) by repealing subrule (9) and substituting the following:
Application response
(9) A person who is served with the materials referred to in subrule (3) of this rule and who wishes to respond to the notice of application must serve the following on the applicant and every other party of record, within 5 business days after service or, in the case of an application under Rule 9-7, within 21 days after service:
(a) a copy of an unfiled application response;
(b) a copy of any affidavit or other evidence that
(i) is to be referred to by the application respondent at the hearing, and
(ii) has not already been served on that person;
(c) in the case of an application that is brought under Rule 9-7, any notice that the application respondent is required to give under Rule 9-7 (9). ,
(g) in subrule (10) (b) (ii) by striking out "other documents" and substituting "other evidence",
(h) in subrule (10) (b) by striking out "and" at the end of subparagraph (ii), by adding ", and" at the end of subparagraph (iii) and by adding the following subparagraph:
(iv) indicate whether the application respondent agrees with the applicant’s proposed date and time for the hearing of the application, if any. ,
(i) in subrule (11) by striking out "filed" and substituting "served",
(j) by repealing subrule (13) and substituting the following:
Applicant may reply
(13) An applicant who wishes to reply to any materials served under subrule (9) must serve on each application respondent any reply affidavits as follows:
(a) subject to paragraph (b) of this subrule, within 3 business days after service;
(b) in the case of an application that is brought under Rule 9-7, within 5 business days after service. ,
(k) in subrule (14) by striking out "subrules (7)" and substituting "subrules (3)",
(l) by adding the following subrules:
When application may be set for hearing
(14.1) The applicant must not set an application down for hearing unless
(a) the applicant has served the materials referred to in subrule (3) in accordance with that subrule, and
(b) one of the following applies to each person required to be served under subrule (3):
(i) the person has served on the applicant an application response in accordance with subrule (9);
(ii) the period for the person to serve an application response under subrule (9) has expired.
Date and time of hearing
(14.2) Subject to subrule (14.3), the hearing of an application must be set for 9:45 a.m. on a date on which the court hears applications or at such other time or date as has been fixed by the court or a registrar.
Date and time if hearing time more than 2 hours
(14.3) If an application is estimated to take more than 2 hours, the date and time of the hearing must be fixed by a registrar.
How application may be set for hearing
(14.4) An applicant may set an application down for hearing by filing the following:
(a) a notice of hearing of application in Form 33.01;
(b) the notice of application served under subrule (3);
(c) the original of any affidavit served under subrule (3), if not already filed;
(d) any other materials served under subrule (3), if not already filed.
When notice of hearing to be filed and served
(14.5) A notice of hearing of application must be filed, and a copy of the filed notice of hearing of application must be served on each application respondent as follows:
(a) subject to paragraph (b) of this subrule, at least 4 business days before the date set for the hearing of the application;
(b) if the application is estimated to take more than 2 hours, within 7 days after the registrar fixes the date and time of the hearing of the application and at least 14 days before the date set for the hearing of the application.
Reply affidavits to be filed by applicant
(14.6) The applicant must file the original of every reply affidavit served under subrule (13) no later than 4 p.m. on the business day that is 2 business days before the date set for the hearing.
Documents to be filed by application respondent
(14.7) Each application respondent must,
(a) after the date on which the notice of hearing of application is filed and before the commencement of the hearing, file the following:
(i) the application response served under subrule (9);
(ii) the original of any affidavit served under subrule (9), if not already filed;
(iii) any other materials served under subrule (9), if not already filed, and
(b) bring copies of the filed materials to the hearing of the application. ,
(m) in subrule (15) (b) (iv) by striking out "each filed application response" and substituting "every application response that has been served on the applicant",
(n) by repealing subrule (15) (b) (v) and substituting the following:
(v) a copy of every filed pleading and any filed affidavit or other evidence that is to be relied on at the hearing;
(v.1) a copy of any affidavit or other evidence that has been served on the applicant by an application respondent; ,
(o) in subrule (15) (e) (i) by striking out "three full business days" and substituting "5 business days" and by striking out "one full business day" and substituting "2 business days",
(p) in subrule (16) by adding ", without leave of the court," after "may",
(q) in subrule (17) by striking out "one full business day" and substituting "2 business days",
(r) in subrule (20) 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 5 business days before the new date set for the hearing of the application and no later than 4 p.m. on the business day that is 2 business days before the new date set for the hearing of the application, or
(b) if an earlier date is fixed by a registrar, on or before that date. ,
(s) in subrule (21) by striking out "filed and", and
(t) by repealing subrule (21.1) (a) and (b) and substituting the following:
(a) file a notice of hearing of application in Form 33.01, and
(b) serve a copy of the filed notice of hearing of application on each application respondent at least 2 business days before the date set for the hearing.
2 Rule 9-7 is amended
(a) in subrule (8) (a) by striking out "notice of application and the other documents referred to in Rule 8-1 (3)" and substituting "copy of the unfiled notice of application and the other materials referred to in Rule 8-1 (3)", and
(b) in subrule (10) (a) by striking out "Rule 8-1 (7) and (8)" and substituting "Rule 8-1 (3)".
3 Rule 11-3 (8) is amended by striking out "documents that under Rule 8-1 (7)" and substituting "materials that under Rule 8-1 (3)".
4 Rule 16-1 is amended
(a) in subrule (6) by striking out "response" and substituting "reply", by striking out "responding" and substituting "reply" and by adding "of petition" after "notice of hearing",
(b) in subrule (8) (a) and (b) by adding "of petition" after "notice of hearing" wherever it appears,
(c) in subrule (11) (e) (i) by striking out "three full business days" and substituting "5 business days" and by striking out "one full business day" and substituting "2 business days",
(d) in subrule (12) by striking out "one full business day" and substituting "2 business days",
(e) in subrule (15) (a) by striking out "three full business days" and substituting "5 business days" and by striking out "one full business day" and substituting "2 business days", and
(f) in subrule (19) (b) (i) by adding "of petition" after "notice of hearing".
5 Rule 22-8 (11) is repealed and the following substituted:
Proceeding for contempt
(11) A party applying for an order for contempt must comply with Rule 8-1 and, without limiting this, the party must serve, by personal service, a copy of the unfiled notice of application and the other materials referred to in Rule 8-1 (3) on the alleged contemnor.
6 Rule 22-9 (1) is amended
(a) by adding "serve or" before "file an application", and
(b) in paragraph (a) by adding "serve or" before "file".
7 Rule 23-6 (3.1) and (8.8) is amended by striking out "one full business day" and substituting "2 business days".
8 Rule 25-5 (3) (b) (ii) is amended by striking out "one full business day" and substituting "2 business days".
9 Rule 25-14 (5) is amended by striking out "the notice of application and the other application materials referred to in Rule 8-1 (7)" and substituting "a copy of the unfiled notice of application and the other materials referred to in Rule 8-1 (3)".
10 Forms 17, 32 and 33 in Appendix A are repealed and the following substituted:
11 The following Form is added to Appendix A:
12 Forms 68 and 117.1 in Appendix A are repealed and the following substituted:
13 Schedule 1 to Appendix C is amended in item 5 of the table by adding "notice of hearing of application," after "set a matter for hearing by".
14 Schedule 4 to Appendix C is amended in item 5 of the table by adding "notice of hearing of application," after "set a matter for hearing by".
Schedule 2
1 Rule 6-3 (1) (e) of the Supreme Court Family Rules, B.C. Reg. 169/2009, is amended by striking out "documents referred to in Rule 10-6 (6)" and substituting "materials referred to in Rule 10-6 (2)".
2 Rule 10-6 is amended
(a) in subrule (1) by striking out "files" and substituting "serves",
(b) by repealing subrule (2) and substituting the following:
Notice of application
(2) A party wishing to apply under this rule must serve the following on each of the parties and on every other person, other than a person named as a party, who may be affected by the orders sought:
(a) a copy of an unfiled notice of application;
(b) subject to Rule 15‑2.1, a copy of any affidavit or other evidence that
(i) is to be referred to by the applicant at the hearing, and
(ii) has not already been served on that person;
(c) in addition to the materials referred to in paragraphs (a) and (b) of this subrule, in the case of an application that is brought under Rule 11‑3, any notice that the applicant is required to give under Rule 11‑3 (9);
(d) in addition to the materials referred to in paragraphs (a) to (c) of this subrule, in the case of an application that is in relation to an agreement filed in, or to start, a family law case, a copy of the filed agreement;
(e) in addition to the materials referred to in paragraphs (a) to (c) of this subrule, in the case of an application that is in relation to a determination of a parenting coordinator filed under Rule 2‑1.1 (1),
(i) a copy of the filed determination, and
(ii) if the parenting coordinator was engaged under an agreement filed under Rule 2‑1 (2), a copy of the filed agreement;
(f) in addition to the materials referred to in paragraphs (a) to (c) of this subrule, in the case of an application that is in relation to an arbitration award filed in, or to start, a family law case, a copy of the filed arbitration award.
[If an order is sought to appoint a person as the guardian of one or more children, the affidavit referred to in Rule 15‑2.1 must be served with the other application materials.] ,
(c) by adding the following subrule:
Personal service required in some cases
(2.1) In the case of the following applications, the materials referred to in subrule (2) of this rule must be served by personal service in accordance with Rule 6‑3 (2):
(a) an application to change, suspend or terminate a final order;
(b) an application to set aside or replace the whole or any part of an agreement filed under Rule 2‑1 (2);
(c) an application to change or set aside a determination of a parenting coordinator filed under Rule 2‑1.1 (1);
(d) an application to change, suspend or terminate an arbitration award filed under Rule 2‑1.2 (1);
(e) an application under Rule 21‑7 for an order for contempt;
(f) an application under section 231 (2) of the Family Law Act for an order that a person be imprisoned. ,
(d) in subrule 3 (d) by striking out "other documents" and substituting "other evidence",
(e) by repealing subrule (3) (f) and substituting the following:
(f) subject to subrules (13.2) and (13.3), if the applicant wishes to propose a date and time for the hearing of the application, set out the proposed date and time, ,
(f) by repealing subrules (4), (5), (6) and (7),
(g) by repealing subrule (8) and substituting the following:
Application response
(8) A person who is served the materials referred to in subrule (2) and who wishes to respond to the notice of application must serve the following on the applicant and every other party, within the applicable period referred to in subrule (8.1):
(a) a copy of an unfiled application response that complies with subrule (9) and, if applicable, subrule (10);
(b) a copy of any affidavit or other evidence that
(i) is to be referred to by the application respondent at the hearing, and
(ii) has not already been served on that person;
(c) in the case of an application that is brought under Rule 11‑3, any notice that the application respondent is required to give under Rule 11‑3 (9). ,
(h) by repealing subrule (8.1) and substituting the following:
Time for service
(8.1) The application respondent must serve the materials referred to in subrule (8) within whichever of the following periods applies to the application:
(a) subject to paragraphs (b) and (c) of this subrule, within 5 business days after service of the materials referred to in subrule (2);
(b) in the case of an application under Rule 11‑3, within 21 days after service of the materials referred to in subrule (2) of this rule;
(c) in the case of the following applications, within 14 days after service of the materials referred to in subrule (2) of this rule:
(i) an application to change, suspend or terminate a final order;
(ii) an application to set aside or replace the whole or any part of an agreement filed under Rule 2‑1 (2);
(iii) an application to change or set aside a determination of a parenting coordinator filed under Rule 2‑1.1 (1);
(iv) an application to change, suspend or terminate an arbitration award filed under Rule 2‑1.2 (1). ,
(i) in subrule (9) (b) (ii) by striking out "other documents" and substituting "other evidence",
(j) in subrule (9) (b) by striking out "and" at the end of subparagraph (ii), by adding ", and" at the end of subparagraph (iii) and by adding the following subparagraph:
(iv) indicate whether the application respondent agrees with the applicant’s proposed date and time for the hearing of the application, if any. ,
(k) in subrule (10) by striking out "filed" and substituting "served",
(l) by repealing subrule (12) and substituting the following:
Applicant may reply
(12) An applicant who wishes to reply to any materials served under subrule (8) must serve on each application respondent any reply affidavits, as follows:
(a) subject to paragraph (b) of this subrule, within 3 business days after service;
(b) in the case of the following applications, within 5 business days after service:
(i) an application that is brought under Rule 11‑3;
(ii) an application to change, suspend or terminate a final order;
(iii) an application to set aside or replace the whole or any part of an agreement filed under Rule 2‑1 (2);
(iv) an application to change or set aside a determination of a parenting coordinator filed under Rule 2‑1.1 (1);
(v) an application to change, suspend or terminate an arbitration award filed under Rule 2‑1.2 (1). ,
(m) in subrule (13) by striking out "subrules (6)" and substituting "subrules (2)",
(n) by adding the following subrules:
When application may be set for hearing
(13.1) The applicant must not set an application down for hearing unless
(a) the applicant has served the materials referred to in subrule (2) in accordance with that subrule, and
(b) one of the following applies to each person required to be served under subrule (2):
(i) the person has served on the applicant an application response in accordance with subrule (8);
(ii) the period for the person to serve an application response under subrule (8) has expired.
Date and time of hearing
(13.2) Subject to subrule (13.3), the hearing of an application must be set for 9:45 a.m. on a date on which the court hears applications or at such other time or date as has been fixed by the court or a registrar.
Date and time if hearing time more than 2 hours
(13.3) If an application is estimated to take more than 2 hours, the date and time of the hearing must be fixed by a registrar.
How application may be set for hearing
(13.4) An applicant may set an application down for hearing by filing the following:
(a) a notice of hearing of application in Form F31.1;
(b) the notice of application served under subrule (2);
(c) subject to Rule 15‑2.1, the original of any affidavit served under subrule (2), if not already filed;
(d) any other materials served under subrule (2), if not already filed.
[If an order is sought to appoint a person as the guardian of one or more children, the affidavit referred to in Rule 15‑2.1 must be provided to the court with the other application materials.]
When notice of hearing to be filed and served
(13.5) A notice of hearing of application must be filed, and a copy of the filed notice of hearing of application must be served on each application respondent as follows:
(a) subject to paragraphs (b) and (c) of this subrule, at least 4 business days before the date set for the hearing of the application;
(b) subject to paragraph (c) of this subrule, in the case of the following applications, at least 7 days before the date set for the hearing of the application:
(i) an application to change, suspend or terminate a final order;
(ii) an application to set aside or replace the whole or any part of an agreement filed under Rule 2‑1 (2);
(iii) an application to change or set aside a determination of a parenting coordinator filed under Rule 2‑1.1 (1);
(iv) an application to change, suspend or terminate an arbitration award filed under Rule 2‑1.2 (1);
(c) if the application is estimated to take more than 2 hours, within 7 days after the registrar fixes the date and time of the hearing of the application and at least 14 days before the date set for the hearing of the application.
Reply affidavits to be filed by applicant
(13.6) The applicant must file the original of every reply affidavit served under subrule (12) no later than 4 p.m. on the business day that is 2 business days before the date set for the hearing.
Documents to be filed by application respondent
(13.7) Each application respondent must,
(a) after the date on which the notice of hearing of application is filed and before the commencement of the hearing, file the following:
(i) the application response served under subrule (2);
(ii) the original of any affidavit served under subrule (8), if not already filed;
(iii) any other materials served under subrule (9), if not already filed, and
(b) bring copies of the filed materials to the hearing of the application. ,
(o) in subrule (14) (b) (iv) by striking out "each filed application response" and substituting "every application response that has been served on the applicant",
(p) by repealing subrule (14) (b) (v) and substituting the following:
(v) a copy of every filed pleading and any filed affidavit or other evidence that is to be relied on at the hearing;
(v.1) a copy of any affidavit or other evidence that has been served on the applicant by an application respondent, ,
(q) in subrule (14) (c) (iii) by striking out "authorities and" and substituting "authorities, and",
(r) in subrule (14) (e) (i) by striking out "three full business days" and substituting "5 business days" and by striking out "one full business day" and substituting "2 business days",
(s) in subrule (15) by striking out "one full business day" and substituting "2 business days",
(t) in subrule (18) 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 5 business days before the new date set for the hearing of the application and no later than 4 p.m. on the business day that is 2 business days before the new date set for the hearing of the application, or
(b) if an earlier date is fixed by a registrar, on or before that date. ,
(u) in subrule (19) by striking out "filed and", and
(v) by repealing subrule (19.1) (a) and (b) and substituting the following:
(a) file a notice of hearing of application, and
(b) serve a copy of the filed notice of hearing of application on the application respondents at least 2 business days before the date set for the hearing.
3 Rule 11‑3 is amended
(a) in subrule (8) (a) by striking out "notice of application and the other documents referred to in Rule 10‑6 (6)" and substituting "copy of the unfiled notice of application and the other materials referred to in Rule 10‑6 (2)",
(b) in subrule (10) (a) by striking out "Rule 10‑6 (6) and (7)" and substituting "Rule 10‑6 (2)", and
(c) in subrule (10) (b) by striking out "Rule 10‑6 (8)" and substituting "Rule 10‑6 (8) and (8.1)".
4 Rule 13‑4 (6) is amended by striking out "documents that under Rule 10‑6 (6)" and substituting "materials that under Rule 10‑6 (2)".
5 Rule 15‑2.1 is amended
(a) in subrule (1) by striking out "applicant must" and substituting "applicant must,",
(b) in subrule (1) (a) by adding "subject to subrule (1.1)," before "file with the court", and
(c) by adding the following subrule:
Application under Rule 10‑6
(1.1) If the order referred to in subrule (1) of this rule is sought on an application under Rule 10‑6, the applicant must serve and file the affidavit in Form F101 in accordance with that Rule.
6 Rule 17‑1 is amended
(a) in subrule (6) by striking out "response" and substituting "reply", by striking out "responding" and substituting "reply" and by adding "of petition" after "notice of hearing",
(b) in subrule (8) (a) and (b) by adding "of petition" after "notice of hearing" wherever it appears,
(c) in subrule (11) (e) (i) by striking out "three full business days" and substituting "5 business days" and by striking out "one full business day" and substituting "2 business days",
(d) in subrule (12) by striking out "one full business day" and substituting "2 business days",
(e) in subrule (15) (a) by striking out "three full business days" and substituting "5 business days" and by striking out "one full business day" and substituting "2 business days", and
(f) in subrule (19) (b) (i) by adding "of petition" after "notice of hearing".
7 Rule 21‑7 (11) is repealed and the following substituted:
Proceeding for contempt
(11) A party applying for an order for contempt must comply with Rule 10‑6 and, without limiting this, the party must serve, by personal service, a copy of the unfiled notice of application and the other materials referred to in Rule 10‑6 (2) on the alleged contemnor.
8 Rule 21‑8 (1) is amended
(a) by adding "serve or" before "file an application", and
(b) in paragraph (a) by adding "serve or" before "file".
9 Rule 22‑7 is amended
(a) in subrule (3.1) by striking out "one full business day" and substituting "2 business days",
(b) in subrule (3.1) (b) (iii) by striking out "these rules" and substituting "these Supreme Court Family Rules", and
(c) in subrule (8.8) by striking out "one full business day" and substituting "2 business days".
10 Forms F17 and F31 in Appendix A are repealed and the following substituted:
11 The following Form is added to Appendix A:
12 Forms F32, F75, F82.2, F82.3, F82.4 and F94.1 in Appendix A are repealed and the following substituted:
13 Schedule 1 to Appendix C is amended in item 5 of the table by adding "notice of hearing of application," after "set a matter for hearing by".
14 Schedule 4 to Appendix C is amended in item 5 of the table by adding "notice of hearing of application," after "set a matter for hearing by".
Schedule 3
1 Section 12 (1) of the Tax Appeals Regulation, B.C. Reg. 135/2024, is amended by adding "of petition" after "notice of hearing" wherever it appears.
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