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This Act is current to October 11, 2017
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Family Law Act

[SBC 2011] CHAPTER 25

Part 12 — Regulations

Regulations respecting family dispute resolution

245  (1) The Lieutenant Governor in Council may make regulations respecting family dispute resolution as follows:

(a) prescribing processes to be included as family dispute resolution processes, and making regulations respecting those processes;

(b) prescribing classes of persons who may be family dispute resolution professionals;

(c) respecting the training, experience and other qualifications a person must have, and requirements a person must meet, to be qualified as a family dispute resolution professional;

(d) respecting practice standards that a family dispute resolution professional must meet

(i) to continue to be qualified as a family dispute resolution professional, and

(ii) while acting as a family dispute resolution professional;

(e) for the purposes of section 8 [duties of family dispute resolution professionals],

(i) prescribing the training, experience and other qualifications that a person must have to assess whether family violence is present,

(ii) requiring that a family dispute resolution professional who does not have the training, experience and other qualifications required under subparagraph (i) ensure that the parties to the family law dispute are assessed for family violence by a person who does have the required training, experience and other qualifications,

(iii) respecting records to be made in relation to an assessment for family violence and any assistance provided,

(iv) respecting the matters that must be considered in assessing whether family violence may be present, and

(v) respecting actions to be taken after an assessment, and putting limits and conditions on the taking of those actions;

(f) for the purposes of sections 11 [confidentiality of information] and 12 [family justice counsellors not to be compelled],

(i) prescribing classes of persons to which section 11 (1) (b) applies,

(ii) respecting the types of information to which sections 11 and 12 apply, and

(iii) providing for exceptions to the prohibitions set out in sections 11 and 12, and putting limits or conditions on those exceptions;

(g) for the purposes of sections 15 [when parenting coordinators may assist] and 18 [determinations by parenting coordinators],

(i) prescribing matters with which parenting coordinators may assist or in respect of which parenting coordinators may make determinations,

(ii) respecting limits and conditions on the giving of assistance or the making of determinations, and

(iii) prescribing matters with which, or circumstances in which, parenting coordinators must not assist, or matters in respect of which, or circumstances in which, parenting coordinators must not make determinations.

(2) For the purposes of subsection (1) of this section and without limiting section 249 (3) [other regulation-making powers], the Lieutenant Governor in Council may make different regulations for different classes of family dispute resolution.

(3) The Lieutenant Governor in Council may make regulations requiring parties to a family law dispute to engage in family dispute resolution or undertake prescribed procedures, and for this purpose, may make regulations respecting one or more of the following:

(a) the nature or type of mandatory family dispute resolution or procedures;

(b) limits or conditions on engaging in mandatory family dispute resolution or undertaking procedures;

(c) steps that a person must take before engaging in or during mandatory family dispute resolution or before undertaking or during procedures;

(d) requiring that a person do something, or prohibiting a person from doing something, before the person engages in mandatory family dispute resolution or undertakes procedures, or during mandatory family dispute resolution or mandatory procedures;

(e) exempting a person or class of persons, with or without conditions, from engaging in mandatory family dispute resolution or undertaking procedures, or respecting the circumstances in which a person or class of persons may be exempted;

(f) any other matter in relation to engaging in mandatory family dispute resolution or undertaking procedures as necessary for the purposes of section 9 [duties of parties respecting dispute resolution] or 197 [complying with duties respecting family dispute resolution].

Regulations respecting pension division

246  The Lieutenant Governor in Council may make regulations respecting the division of pension benefits as follows:

(a) respecting what is, or is not, a hybrid plan, local plan or plan;

(b) respecting the methods and assumptions to be followed for the valuation, division and transfer of benefits at the end of a relationship between spouses, including

(i) the determination of a separate pension,

(ii) the method of calculating the proportionate share of benefits under a plan,

(iii) the determination of the duration of a relationship between spouses for the purpose of determining a spouse's proportionate share,

(iv) the administration of an original agreement or order for the purposes of section 112 (3) (a) (ii) [original agreements and orders], and

(v) entitlement to a proportionate share of benefits under a supplemental plan;

(c) respecting the methods and assumptions to be followed for the calculation of any compensation payment or commuted value at the end of a relationship between spouses;

(d) respecting the rights of limited members, including providing that a limited member does not have a right of a member or modifying the rights of a limited member;

(e) respecting the procedures to be followed by a spouse, a member and an administrator when dividing benefits, satisfying a spouse's entitlement to benefits, or choosing a date to receive benefits under a plan;

(f) respecting the information an administrator must make available to a spouse or limited member about a plan or benefit entitlement and when the information must be provided, including

(i) requiring that different information be provided at different times, and

(ii) in relation to providing advance notice to a spouse before an administrator takes any action with respect to a pension;

(g) respecting the information respecting a member that an administrator must not disclose without the member's written consent;

(h) respecting the content of, and manner of giving or withdrawing, any notice or waiver under this Part;

(i) respecting the consequences and procedures to be followed for failing to give, or failing to comply with, a notice under Part 6 [Pension Division];

(j) respecting the method of calculating a compensation payment or a transfer of a share of benefits for the purposes of section 128 (1) [determining compensation];

(k) respecting the period for the purposes of section 137 (2) [implementing division of benefits];

(l) respecting the methods and assumptions to be followed for the adjustment of a member's benefits;

(m) prescribing the amount of any administrative fee.

Regulations respecting child support

247  (1) The Lieutenant Governor in Council may make regulations establishing child support guidelines, which may include regulations as follows:

(a) respecting the calculation of child support;

(b) respecting particulars that must be included in an order respecting child support;

(c) respecting the circumstances in which discretion may be exercised in the making or changing of an order respecting child support;

(d) respecting the circumstances that may justify changing, suspending or terminating an order respecting child support;

(e) respecting the determination of income for the purposes of applying the child support guidelines;

(f) authorizing a court to impute income for the purposes of applying the child support guidelines;

(g) respecting the disclosure of income information and providing for sanctions if that information is not provided.

(2) The Lieutenant Governor in Council may make regulations for the purposes of Division 3 [Child Support Service] of Part 7 as follows:

(a) respecting the child support service, including its establishment, structure, operations and duties;

(b) respecting the determination of the notification date;

(c) respecting the assumptions, factors and criteria that the child support service may use in recalculating child support;

(d) respecting the circumstances in which the child support service must decline to recalculate child support, including restricting the child support service from acting respecting agreements or orders made, filed or issued before a date set out in the regulations;

(e) respecting provisions that must be included in agreements respecting child support for child support to be recalculated;

(f) prescribing court registries;

(g) prescribing the difference for the purposes of section 155 (4) [recalculation of child support];

(h) respecting the steps to be taken for the purposes of section 157 (3) (c) [changing, suspending or terminating recalculated amounts];

(i) respecting information that may be requested by the child support service under section 158 [information to be given to child support service];

(j) respecting the manner in which, and the time within which, a thing may or must be done;

(k) prescribing the periods referred to in the Division;

(l) respecting the rights and duties, in relation to the child support service, of payors and recipients;

(m) respecting the giving of notice or other records, including waiving the requirement to give a notice or record.

General regulation-making powers

248  (1) The Lieutenant Governor in Council may make regulations as follows:

(a) prescribing one or more classes of constables for the purposes of the definition of "police officer" in section 1 [definitions];

(b) prescribing fees for the purposes of section 99 (2) [filing in land title office];

(c) for the purposes of section 178 (1) [delivery of small property],

(i) respecting the determination of the value of property,

(ii) prescribing an amount, including in relation to a single item of property, to more than one item of property or to all property delivered, received or held, and

(iii) prescribing classes of property;

(d) respecting the content of orders made under section 183 [orders respecting protection];

(e) for the purposes of section 207 [information accompanying orders], respecting the information that must be provided, the persons who must provide it and the manner in which it must be provided;

(f) prescribing persons for the purposes of section 240 (1) (g) [disclosing searchable information];

(g) defining "expenses" for the purposes of one or more provisions in this Act, including limiting expenses or putting conditions on what may be considered expenses.

(2) The Lieutenant Governor in Council may prescribe forms for the purposes of this Act, or authorize the minister to make forms.

(3) The Lieutenant Governor in Council may make regulations respecting any other matter for which regulations are contemplated by this Act.

Other regulation-making powers

249  (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) A person must not read any section of this Part as limiting the general powers to make regulations described in subsection (1).

(3) A regulation made under this Act may

(a) establish classes of persons, and

(b) make different regulations for different classes of persons.

(4) A regulation made under this Act may confer a discretion on the minister.

(5) A regulation made under this Act may adopt by reference, in whole or in part and with any changes the Lieutenant Governor in Council considers appropriate, a regulation, code, standard or rule

(a) enacted as or under a law of another jurisdiction, including a foreign jurisdiction, or

(b) set by a provincial, national or international body or any other body that may make codes, standards or rules.

(6) Unless stated otherwise, a regulation, code, standard or rule referred to in subsection (5) is adopted as amended from time to time.

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