Order in Council 26/2021

PROVINCE OF BRITISH COLUMBIA

ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL

Order in Council No. , Approved and Ordered

Lieutenant Governor

Executive Council Chambers, Victoria

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On the recommendation of the undersigned, made after consultation with the Chief Justice of the Supreme Court, theLieutenant Governor, by and with the advice and consent of the Executive Council, orders that

(a) the Supreme Court Family Rules, B.C. Reg. 169/2009, are amended as set out in the attached Schedule 1,and

(b) B.C. Reg. 208/2020 is amended as set out in the attached Schedule 2.

Attorney General and Minister Responsible for Housing Presiding Member of the Executive Council

(This part is for administrative purposes only and is not part of the Order.)

Authority under which Order is made:

Act and section: Court Rules Act, R.S.B.C. 1996, c. 80, s. 1

Other: OIC 303/2009

R20474861

January 25, 2021026

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SCHEDULE 1

1 Form F3 in Appendix A of the Supreme Court Family Rules, B.C. Reg. 169/2009, isamended

(a) in section 2 by striking out “[ ] were married on ................[dd/mmm/yyyy].................” andsubstituting “[ ] were married on ................[dd/mmm/yyyy]................. at ................[city or

town; province or state; country].................”,

(b) in section 4 by adding the following after “[ ] An order for costs”:

(c) by striking out the following:

7 The claimant’s address for service is [Set out the street address of the address for service. One or both of a

fax number and an e-mail address may be given as additional addresses for service.]

Date: ................[dd/mmm/yyyy]................. ..................................................................................Signature of[ ] claimant [ ] lawyer for claimant(s)

...........................[type or print name]..........................

and substituting the following:

[ ] An order to [ ] confirm or [ ] set aside [check whichever one of the following boxes is correct and

complete the required information] a written agreement dated ................[dd/mmm/yyyy]................. inrespect of

[ ] spousal support

[ ] child support

[ ] division of property and/or debt

[ ] other

for the following reasons:

.......................................................................................... ,

Address for Service:

Fax (optional) E-mail (optional)

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7 The claimant’s address for service is [Set out the street address of the address for service. One or both of afax number and an e-mail address may be given as additional addresses for service.]

Date: ................[dd/mmm/yyyy]................. ..................................................................................Signature of[ ] claimant [ ] lawyer for claimant(s)

...........................[type or print name]........................

(d) in Schedule 1 by striking out “THIS IS SCHEDULE 1 TO THE CLAIMANT’S NOTICE OF

FAMILY CLAIM.”,

(e) in section 2 of Schedule 1 by striking out “(ii) [ ] Other grounds, under section 8 (2) (b)of the Divorce Act (Canada): ...............[state the grounds]...............” and substituting thefollowing:

(f) in section 3 of Schedule 1 by striking out “There has been no collusion, as defined insection 11 (4) of the Divorce Act (Canada), in relation to this claim for divorce.” and

Address for Service:

Fax (optional) E-mail (optional)

Note to Claimant AND Respondent: you must file financial information (Form F8) if any of thefollowing apply:

• there is a claim against you for spousal support or you are claiming spousal support;

• there is a claim by either party for the division of property and/or debts under Part 5 or 6 of the FamilyLaw Act;

• there is a claim against you for the support of a child, OR

• you are claiming child support unless all of the following conditions apply:

(a) you are making no claim for any other kind of support;

(b) the child support is for children who are not stepchildren;

(c) none of the children for whom child support is claimed is 19 years of age or older;

(d) the income of the person being asked to pay child support is under $150 000 per year;

(e) you are not applying for special expenses under section 7 of the child support guidelines;

(f) you are not applying for an order under section 8 of the child support guidelines;

(g) you are not applying for an order under section 9 of the child support guidelines;

(h) you are not making a claim based on undue hardship under section 10 of the child supportguidelines.

If you do not file the financial information that is required, the court may attribute an amount of incometo you, and make a support award against you, based on that amount.

(ii) [ ] Other grounds, under section 8 (2) (b) of the Divorce Act (Canada):

[ ] Adultery (the respondent has committed adultery)

[ ] Cruelty (the respondent has treated the applicant with physical or mental cruelty of such a

kind as to make continued cohabitation intolerable),

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substituting “I do not know about and I am not involved in any arrangement to make up orto hide evidence or to deceive the court to obtain a divorce.”,

(g) in Schedule 2 by striking out “THIS IS SCHEDULE 2 TO THE CLAIMANT’S NOTICE OF

FAMILY CLAIM.”,

(h) by repealing section 7 of Schedule 2 and substituting the following:

7 Proposed child support arrangements [Check the correct box(es) and complete the required information.]

(i) in Schedule 2 by striking out the following:

(j) in Schedule 3 by striking out “THIS IS SCHEDULE 3 TO THE CLAIMANT’S NOTICE OF

FAMILY CLAIM.” and by striking out “You may be required to file financial information”and substituting “You must file financial information”,

(k) in Schedule 4 by striking out “THIS IS SCHEDULE 4 TO THE CLAIMANT’S NOTICE OF

FAMILY CLAIM.”,

The claimant is asking for:

[ ] support in the amount set out in the child support guidelines table, commencing on .......... [date] ........,for the following child(ren): ...............[name(s) and date(s) of birth of child(ren)]...............

[ ] special or extraordinary expenses in accordance with section 7 of the child support guidelines,commencing on ........[date]........., for the following child(ren): ...............[name(s) and date(s) of birth ofchild(ren)]...............

[ ] an order for support in an amount different than the amount set out in the child support guidelinestable, commencing on ........[date]........., for the following child(ren): ..........[name(s) and date(s) of birth ofchild(ren)]..........

The claimant is asking for an order for child support under [Check one or both of the following boxes, asapplicable]

[ ] the Divorce Act (Canada) [ ] the Family Law Act

Note to Claimant AND Respondent: you must file financial information (Form F8) if:

• there is a claim against you for support of a child, OR





(d) the income of the party being asked to pay child support is under $150 000 per year;






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(l) by repealing section 1 of Schedule 4 and substituting the following:

1 The claimant’s claims

(m) in section 2 of Schedule 4 by adding “(land or building)” after “the following realproperty”, and

(n) in Schedule 5 by striking out “THIS IS SCHEDULE 5 TO THE CLAIMANT’S NOTICE OF

FAMILY CLAIM.” and by striking out “the following orders under the Family Law Act” andsubstituting “the following additional orders under the Family Law Act”.

2 Form F4 in Appendix A is amended

(a) by repealing section 2 and substituting the following:

A. Property and debt claims under the Family Law Act

[Check whichever one of the following boxes is correct and complete any required information in relation to familyproperty and family debt, as those terms are defined in the Family Law Act.]

The claimant is asking for an order for:

[ ] equal division of family property and family debt

[ ] unequal division of family property and family debt, as follows and on the following grounds:...............[set out details of proposed unequal division and the grounds on which it is made]...............

Identify any relevant debt to the extent that it is known at this time:

...................................................................................................................................................................

The address and legal description of any real property (land and buildings) in which the claimant claims an interest as a family property is:

..................................................................................................................................................................

The claimant pleads the following property as excluded from family property under section 85 of the Family Law Act (explain the basis for the exclusion):

...................................................................................................................................................................

B. Other property claims

[Check the correct box(es) and complete the required information.]

The claimant claims:

[ ] occupancy rent / occupational rent

[ ] an interest in the following property: ...............[specify every interest claimed in property and if an interestis claimed in real property, provide the address and legal description of that real property] ..........................

[ ] an order for compensation instead of an interest in the property described as .......................[identifyevery property for which compensation is claimed and if compensation is claimed for real property, provide theaddress and legal description of that real property]...................................................................................

on the following grounds: ...............[set out the grounds on which any claim under this paragraph for interestor compensation is based]......................

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2 Response to claims in notice of family claim:

(b) by striking out the following:

This is my response to claims made against me in the Schedules to the notice of family claim:[For each of the claims identified below that are made in the notice of family claim, indicate whether you agree ordisagree with that claim by checking the correct box opposite that claim]

Claim for divorce (Schedule 1, section 2) [ ] Agree [ ] Disagree

If you disagree, briefly explain why:

Parenting arrangements (Schedule 2, section 4) [ ] Agree [ ] Disagree


Child support (Schedule 2, section 7) [ ] Agree [ ] Disagree


Spousal support (Schedule 3, section 2) [ ] Agree [ ] Disagree


Division of family property and family debt (Schedule 4,section 1)

[ ] Agree [ ] Disagree


Other property claim(s) (Schedule 4, section 1) [ ] Agree [ ] Disagree


Other orders (Schedule 5) [identify each claim made in Schedule 5 of the notice of family claim and indicatewhether you agree or disagree with that claim by checking the correct box opposite that claim]

[claim] [ ] Agree [ ] Disagree


[claim] [ ] Agree [ ] Disagree


Note to Claimant AND Respondent: You may be required to file financial information (Form F8) ifthere is a claim by you or against you for support of a child or spouse. See the note at the end ofSchedule 2 of the notice of family claim for details.

If you do not file the financial information that is required, the court may attribute an amount of incometo you and make a support award against you, based on that amount.

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(a) in section 1 by striking out “[ ] Were married on ................[dd/mmm/yyyy].................” andsubstituting “[ ] Were married on ................[dd/mmm/yyyy]................. at.................[city or

town; province or state; country].................”,

(b) in section 2 by adding the following after “[ ] An order for costs”:

(c) by striking out the following:















An order to [ ] confirm or [ ] set aside [check whichever one of the following boxes is correct and complete the

required information] a written agreement dated ..............[dd/mmm/yyyy].............. in respect of

[ ] spousal support

[ ] child support

[ ] division of property and/or debt

[ ] other

for the following reasons:

..................................................................................................................... ,

Note to Claimant AND Respondent: You may be required to file financial information (Form F8) if there is a claim by you or against you for support of a child or spouse. See the note at the end of Schedule 2 of the notice of family claim for details.

If you do not file the financial information that is required, the court may attribute an amount of income to you and make a support award against you, based on that amount.

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(d) in Schedule 1 by striking out “THIS IS SCHEDULE 1 TO THE COUNTERCLAIM

OF.......[party(ies)].......”,

(e) in Schedule 1 by striking out “(ii)[ ] Other grounds, under section 8 (2) (b) of the DivorceAct (Canada)...............[state the grounds].............” and substituting the following:

(f) in Schedule 1 by striking out “There has been no collusion, as defined in section 11(4) ofthe Divorce Act (Canada), in relation to this claim for divorce” and substituting “I do notknow about and I am not involved in any arrangement to make up or to hide evidence or todeceive the court to obtain a divorce.”,

(g) in Schedule 2 by striking out “THIS IS SCHEDULE 2 TO THE COUNTERCLAIM OF

................[party(ies)]................”,

(h) by repealing section 7 of Schedule 2 and substituting the following:















(ii)[ ] Other grounds, under section 8(2) (b) of the Divorce Act (Canada):

[ ] Adultery (the claimant has committed adultery)

[ ] Cruelty (the claimant has treated the applicant with physical or mental cruelty of such a

kind as to make continued cohabitation intolerable),

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7 Proposed child support arrangements [Check the correct box(es) and complete the required information.]

(i) in Schedule 2 by striking out the following:

(j) in Schedule 3 by striking out “THIS IS SCHEDULE 3 TO THE COUNTERCLAIM OF

................[party(ies)]................”,

(k) in Schedule 4 by striking out “THIS IS SCHEDULE 4 TO THE COUNTERCLAIM OF

................[party(ies)] ................”,

(l) in Schedule 4 by repealing section 1 and substituting the following:

The respondent is asking for:

[ ] support in the amount set out in the child support guidelines table, commencing on...........[date].........,for the following child(ren): ...............[name(s) and date(s) of birth of child(ren)]...............

[ ] special or extraordinary expenses in accordance with section 7 of the child support guidelines,commencing on...........[date]........., for the following child(ren): ...............[name(s) and date(s) of birth ofchild(ren)]...............

[ ] an order for support in an amount different than the amount set out in the child support guidelinestable, commencing on...........[date]........., for the following child(ren): ..........[name(s) and date(s) of birth ofchild(ren)]..........

The respondent is asking for an order for child support under [Check one or both of the following boxes, asapplicable.]

[ ] the Divorce Act (Canada) [ ] the Family Law Act

Note to Claimant AND Respondent: you must file financial information (Form F8) if:

• there is a claim against you for support of a child, OR





(d) the income of the party being asked to pay child support is under $150 000 per year;






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1 The respondent’s claims

(m) in section 2 of Schedule 4 by adding “(land or building)” after “the following real prop-erty”, and

(n) in Schedule 5 by striking out “THIS IS SCHEDULE 5 TO THE COUNTERCLAIM OF

................[party(ies)]................” and by striking out “the following orders under theFamily Law Act” and substituting “the following additional orders under the Family LawAct”.


(a) by striking out everything before “PART 1 – INCOME” and substituting thefollowing:

A. Property and debt claims under the Family Law Act

[Check whichever one of the following boxes is correct and complete any required information in relation to familyproperty and family debt, as those terms are defined in the Family Law Act.]

The respondent is asking for an order for:

[ ] equal division of family property and family debt

[ ] unequal division of family property and family debt, as follows and on the following grounds:...............[set out details of proposed unequal division and the grounds on which it is made]...............

Identify any relevant debt to the extent that it is known at this time:

...................................................................................................................................................................

The address and legal description of any real property (land and buildings) in which the respondent claims an interest as a family property is:

..................................................................................................................................................................

The respondent pleads the following property as excluded from family property under section 85 of the Family Law Act (explain the basis for the exclusion):

...................................................................................................................................................................

B. Other property claims

[Check the correct box(es) and complete the required information.]

The respondent claims:

[ ] occupancy rent / occupational rent

[ ] an interest in the following property: ...............[specify every interest claimed in property and if an interestis claimed in real property, provide the address and legal description of that real property] ..........................

...................................................................................................................................................................

[ ] an order for compensation instead of an interest in the property described as .......................[identifyevery property for which compensation is claimed and if compensation is claimed for real property, provide theaddress and legal description of that real property].....................................................................................

on the following grounds:...............[set out the grounds on which any claim under this paragraph for interest orcompensation is based]........................

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FORM F8 (RULES 5-1 AND 7-1 (8), (10) AND (11) )This is the ......[1st/2nd/3rd/etc.]...... affidavit of ..............[name].............. in this caseand was made on .........[dd/mmm/yyyy].........

Court File No.: .........................

Court Registry: ..........................

In the Supreme Court of British Columbia

Claimant:

Respondent:

FINANCIAL STATEMENT

[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]

I, ................[name]................, of ...............[address for service]..............., SWEAR (OR AFFIRM) THAT:

1 The information set out in this financial statement is true and complete to the best of my knowledge.

[Check whichever of the following boxes is correct and complete any required information.]

2 [ ] I do not anticipate any significant changes in the information set out in this financial statement.

[ ] I anticipate the following significant changes in the information set out in this financial statement:.......................................................................................................................................................

INSTRUCTIONS FOR COMPLETION

You must file financial information (Form F8) if any of the following apply:


• there is a claim by either party for the division of property and/or debts under Part 5 or 6 of theFamily Law Act;












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SWORN (OR AFFIRMED) BEFORE )

ME at ........................., British Columbia )

on ................[dd/mmm/yyyy]................. . ) ............................................................................

)

.......................................................... )A commissioner for taking )affidavits for British Columbia )

....[print name or affix stamp of commissioner]....,

(b) by adding the following after “PART 1 – INCOME”:You do not need to complete Part 1 if ALL of the following apply:

(a) the other party does not claim child support from you;

(b) there are no claims for special expenses under section 7 of the child supportguidelines;

(c) the current parenting arrangement does not involve split or shared custody undersection 8 or section 9 of the child support guidelines;

(d) there are no claims for split or shared custody;

(e) there are no claims for child support relating to stepchildren;

(f) there are no children 19 years or older for whom support is sought;

(g) the payor’s child support guidelines income is less than $150 000 per year;

(h) there are no claims for undue hardship under section 10 of the child supportguidelines;

(i) there are no claims for retroactive child support;

(j) there are no claims for spousal support. ,

(c) by adding the following after “[ ] I operate an unincorporated business, the name andaddress of which is ................[name and address of business]................”:

[ ]I am unemployed ,

(d) by striking out “[if you are receiving social assistance] a statement confirming the amount ofsocial assistance that I receive” and substituting “[if you are receiving income assistance] astatement confirming the amount of income assistance that I receive”,

(e) by striking out “Social assistance income relating to self” and substituting “Incomeassistance relating to self”,

(f) by striking out “the other party to the family law case” wherever it appears andsubstituting “the other party to this family law case”,

(g) by striking out “Universal Child Care Benefits” and substituting “Canada Child TaxBenefit”,

(h) by striking out “Social assistance received for other members of household” andsubstituting “Income assistance received for other members of household”,

(i) by adding “Canada” before “Child Tax Benefit and BC Family Bonus”,

(j) by adding the following after “PART 2 – MONTHLY EXPENSES”:

----

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You must complete Part 2 if

(a) there is a claim, either by you or against you, for spousal support

OR

(b) there is a claim, either by you or against you, for child support and one or more ofthe following conditions applies:

• one or more of the children is a stepchild;

• one or more of the children for whom child support is claimed is 19 years of ageor older;

• the current parenting arrangement involves split or shared custody under section 8or 9 of the child support guidelines or there is an application for an order undersection 9 of the child support guidelines;

• the income of the party being asked to pay child support is more than $150 000per year

OR

(c) there is a claim against you for child support and you intend to make a hardshipclaim under the child support guidelines

OR

(d) there is a claim by you for child support and the opposite party has made a hardshipclaim under the child support guidelines

OR

(e) there is a claim, either by you or against you, for child support and there is a claimfor special expenses under section 7 of the child support guidelines. ,

(k) by striking out the following:

(l) by striking out the following:

PART 3 – PROPERTY

ASSETS


PART 3 – PROPERTY


(a) there is a claim, either by you or against you, for spousal support

OR

(b) there is a claim, either by you or against you, for child support and one or more ofthe following conditions applies:

• one or more of the children is a stepchild;

• one or more of the children for whom child support is claimed is 19 years of ageor older;

• there is an application for an order under section 9 of the child support guidelines;

• the income of the party being asked to pay child support is more than $150 000per year

MSP premiums

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(c) there is a claim against you for child support and you intend to make a hardshipclaim under the child support guidelines

OR

(d) there is a claim by you for child support and the opposite party has made a hardshipclaim under the child support guidelines

OR

(e) there is a claim, either by you or against you, for child support and there is a claimfor special expenses under section 7 of the child support guidelines

OR

(f) there is a property claim, either by you or against you, under Part 5 or 6 of the FamilyLaw Act.

ASSETS

List all assets that you own, regardless of whether or not the other party has made a claim. ,

(m) by adding the following before “DISPOSAL OF PROPERTY”:

EXCLUDED PROPERTY

Of the assets listed above, list which ones are excluded property or form part of the excluded propertyclaim.

(n) by adding the following after “PART 4 – SPECIAL OR EXTRAORDINARYEXPENSES”:

You must complete Part 4 if there is a claim, either by you or against you, for child support and there is a

claim for special expenses under section 7 of the child support guidelines. ,

(o) by adding the following after “PART 5 – UNDUE HARDSHIP”:You must complete Part 5 if there is a claim against you for child support and you intend to make an

undue hardship claim under the child support guidelines. , and

(p) by adding the following after “PART 6 – INCOME OF OTHER PERSONS INHOUSEHOLD”:


(a) there is a claim against you for child support and you intend to make an unduehardship claim under the child support guidelines

OR

(b) there is a claim by you for child support and the other party has made an unduehardship claim under the child support guidelines.

SCHEDULE 2

1 Section 12 of the Schedule to B.C. Reg. 208/2020 is amended by repealing Form F102and substituting the following:

Description Date of Acquisition Value at Acquisition or Commencement

Current Value

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FORM F102 (RULE 15-2.2 (1) AND (2) )

Court File No.: .........................

Court Registry: ..........................

In the Supreme Court of British Columbia

Claimant:

Respondent:

STATEMENT OF INFORMATION FOR COROLLARY RELIEF PROCEEDINGS

[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]

Filed by:................[party(ies)]................

1 Civil Protection Orders or Proceedings

2 Child Protection Orders or Proceedings

[A civil protection order is any order made against a person for the purposes of protecting anotherperson’s safety]

A civil protection order may restrict or restrain a person from doing certain things, such as

• contacting another person,

• being a certain distance from another person or a specific place,

• harassing or threatening another person, or

• living in the family home

YES NO

Are you aware of any active protection order about you, or any other peopleinvolved in this family law case?

[ ] [ ]

Are you or others involved in this family law case also involved in any protectionorder matter?

[ ] [ ]

If you answered yes, provide more detail:

[Child protection services (“child welfare”) protect children from harm. Child protection services might use asupervision or custody order to protect children from harm. Child protection services may exist under a differentname in another province.]

YES NO

Are you or others involved in this family law case also involved with childprotection services?

[ ] [ ]


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3 Criminal Proceedings

Date: ................[dd/mmm/yyyy]................. ..................................................................................Signature of[ ] filing party [ ] lawyer for filing party(ies)

................................[type or print name]....................

[Criminal offences are offences under the Criminal Code and other federal laws, including the Controlled Drugs andSubstances Act (Canada). Criminal offences or matters do not include bylaw offences, traffic tickets, or consumerissues.]

YES NO

Are you or others involved in this family law case facing a criminal charge? [ ] [ ]

Are you or others involved in this family law case required to follow a court orderbecause of a criminal matter? (Such as release / bail order, probation order, peacebond/ recognizance, parole order, warrant, or required to follow conditions)

[ ] [ ]

Are you or others involved in this family law case required to follow demandsbecause of a criminal matter? (Such as a promise to appear or a summons)

[ ] [ ]

Are you or others involved in this family law case in prison? [ ] [ ]


Documents

Order in Council 26/2021