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"Point in Time" Regulation Content

Homeowner Protection Act

Notice to Mediate (Residential Construction) Regulation

B.C. Reg. 152/99

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Section 1 July 1, 2010
Section 2 July 1, 2010
January 30, 2013
February 28, 2013
Section 3 July 1, 2010
Section 14 July 1, 2010
Form 1 July 1, 2010
February 28, 2013

 Section 1 definition of "deliver" BEFORE amended by BC Reg 154/2010, effective July 1, 2010.

"deliver" has the same meaning as in the Rules of Court;

 Section 1 definition "serve" was added by BC Reg 154/2010, effective July 1, 2010.

 Section 2 (1) (a) and (b) BEFORE amended by BC Reg 154/2010, effective July 1, 2010.

(a) every other party to the action, and

(b) the Dispute Resolution Office in the Ministry of the Attorney General.

 Section 2 (2) BEFORE amended by BC Reg 154/2010, effective July 1, 2010.

(2)  A Notice to Mediate may be delivered under subsection (1) at any time after the action has been commenced and, unless the court otherwise orders or the parties otherwise consent, no later than 180 days before the date set for the commencement of the trial.

 Section 2 (1) (b) BEFORE amended by BC Reg 27/2013, effective January 30, 2013.

(b) delivering a Notice to Mediate in Form 1 to the Dispute Resolution Office in the Ministry of the Attorney General.

 Section 2 (1) BEFORE amended by BC Reg 78/2013, effective February 28, 2013.

(1)  Any party to a residential construction action may initiate mediation in that action by

(a) serving a Notice to Mediate in Form 1 on every other party to the action, and

(b) delivering a Notice to Mediate in Form 1 to the Dispute Resolution Office in the Ministry of Justice.

 Section 3 BEFORE amended by BC Reg 154/2010, effective July 1, 2010.

3  Within 21 days after the Notice to Mediate has been delivered to all parties, the participants must, directly or with the assistance of an independent, neutral person or organization, jointly appoint a mutually acceptable mediator.

 Section 14 (1) (e) BEFORE amended by BC Reg 154/2010, effective July 1, 2010.

(e) dismiss the proceeding or strike out the statement of defence and grant judgment;

 Form 1 (part) BEFORE amended by BC Reg 154/2010, effective July 1, 2010.

WITHIN 21 DAYS after delivery of this Notice to all parties, the parties who have not been exempted from attending the mediation session must jointly appoint a mutually acceptable mediator. Otherwise, any of those parties may apply to a designated roster organization for appointment of a mediator.

Dated at ....................................................., British Columbia, ......................................[date]

..................................................................
Party [or party's solicitor]

Party delivering this Notice:

 Form 1 BEFORE amended by BC Reg 78/2013, effective February 28, 2013.

Form 1

[am. B.C. Reg. 154/2010, s. 5.]

Section 2 (1)

No. ..............................

.............................. Registry

In the Supreme Court of British Columbia

Between

, Plaintiff(s)

and

, Defendant(s)

NOTICE TO MEDIATE

TO:

AND TO: The Dispute Resolution Office
Ministry of Attorney General
P.O. Box 9280, Stn. Provincial Government
Victoria, BC V8W 9J7 (facsimile: (250) 387-1189)

TAKE NOTICE that this claim is to be mediated in accordance with the Notice to Mediate (Residential Construction) Regulation (B.C. Reg. 152/99).

WITHIN 21 DAYS after service of this Notice on all parties, the parties who have not been exempted from attending the mediation session must jointly appoint a mutually acceptable mediator. Otherwise, any of those parties may apply to a designated roster organization for appointment of a mediator.

Dated at ....................................................., British Columbia, ......................................[date]

..................................................................
Party [or party's solicitor]

Party serving this Notice: