Submissions and Legislative Updates

Order in Council 286 was deposited on May 14, 2021 and has made additional improvements to certain court processes in Provincial Court for family law matters.

First reading of Bill 11 – 2021 on May 12, 2021 which, when passed, includes amendments to legislation that determines whether behaviour constitutes violence, regardless of whether or not there is an intent to harm the other person.

On May 17, 2021, a new set of Provincial Court Family Rules will be implemented. The new rules and forms are in BC Reg 120/2020 and section by section explanations of the rules are in PCFR Explained. A CLE about the new PCFR will be held on April 20, 2021 with rebroadcasts scheduled for May, June and July.

The new amendments to the Divorce Act take effect on March 1, 2021. Some changes to the Supreme Court Family Rules and forms will also come into effect on March 1, 2021 to reflect these new amendments.

Order in Council 51/2021 dated February 1, 2020 amends the following: Miscellaneous Statutes Amendment Act, 2020, S.B.C. 2020, c. 14, s. 74; Family Law Act, S.B.C. 2011, c. 25, ss. 245 (1), 247 and 248 (2) and (3); Family Maintenance Enforcement Act, R.S.B.C. 1996, c. 127, s. 51; Interjurisdictional Support Orders Act, S.B.C. 2002, c. 29, s. 44 (2)

New amendments to Schedule 1 and 2 for Supreme Court Family Rules came into effect January 25, 2021.

The Government of Canada has issued an Order in Council to waive quarantine requirements when crossing the border if the travel pertains to the custody and access of a dependent child pursuant to a written agreement or court order.

CBABC responds to a call for public comment on a consultation paper from BC Law Institute to modernize the Child, Family and Community Service Act (CFCSA) for the government to reform BC’s main child protection law.

On December 21, 2020, Order in Council 655/2020 was made; it provides that, effective March 25, 2021, the suspension of every mandatory limitation period and any other mandatory time period that is established in an enactment or law of British Columbia within which a civil or family action, proceeding, claim, or appeal must be commenced in the Provincial Court, Supreme Court, or Court of Appeal will end.

Effective December 7, 2020, the Provincial Court (Family) Rules, B.C. Reg. 417/98, are amended as set out in Schedule 1, and the Provincial Court Family Rules, B.C. Reg. 120/2020, are amended as set out in Schedule 2.