B.C. Reg. 261/93
O.C. 1030/93
Deposited July 30, 1993
effective October 1, 1993

Court Rules Act; Small Claims Act

Small Claims Rules

Note: Check the Cumulative Regulation Bulletin 2014
for any non-consolidated amendments to this regulation that may be in effect.

[includes amendments up to B.C. Reg. 27/2013, March 18, 2013]

Point in Time

Rule 11 — Payment of the Judgment

Payment order

(1)If a judge decides that one party must pay money to another party, the judge must make a payment order at the end of the trial.

[en. B.C. Reg. 148/97, s. 12.]

Payment deferral

(2)After making a payment order, the judge must ask

(a) if the debtor requires time to pay, and

(b) if so, when the debtor proposes to pay.

[en. B.C. Reg. 148/97, s. 12.]

Creditor to be consulted

(3)If the debtor asks for time to pay, the judge must ask the creditor if the creditor agrees with the debtor's proposal.

[en. B.C. Reg. 148/97, s. 12.]

If the creditor agrees

(4)If the creditor agrees with the proposal, the judge may order a payment schedule requiring the debt to be paid by a set date or by instalments.

[en. B.C. Reg. 148/97, s. 12.]

If the creditor does not agree

(5)If the creditor does not agree with the proposal, the judge may

(a) order a payment hearing, or

(b) order a payment schedule.

[en. B.C. Reg. 148/97, s. 12.]

No collection while payments being made

(6)The creditor may not take any other steps to collect the debt as long as the debtor is making payments in accordance with the payment schedule.

[en. B.C. Reg. 148/97, s. 12.]

If no order is made

(7)If no order is made under subrule (5), the debt is payable immediately and the creditor may collect the debt by taking any of the steps listed in subrule (11).

[en. B.C. Reg. 148/97, s. 12.]

If a judge orders a payment hearing

(8)If a judge orders a payment hearing under subrule (5), the creditor may not take any other steps to collect payment until after the payment hearing.

[en. B.C. Reg. 148/97, s. 12.]

Registrar's payment order

(9)The registrar may make a payment order.

[en. B.C. Reg. 148/97, s. 12.]

Registrar may make some orders without a hearing

(10)The registrar may make the following orders without a hearing:

(a) a payment order in the amount agreed to plus expenses under Rule 20 (2) (a) and (b) and any interest the claimant is entitled to if

(i)   the defendant agrees to pay all or part of a claim on a reply, and

(ii)   the claimant consents;

(b) an order establishing a payment schedule if the defendant proposes or requests a payment schedule in the reply and the claimant consents to the order;

(c) an order issuing a summons to a defendant to attend a payment hearing if a proposed payment schedule is not agreed to by the claimant.

[en. B.C. Reg. 148/97, s. 12.]

How payment may be collected

(11)To collect payment due under a payment order (Form 10), a creditor may do one or more of the following:

(a) ask the registrar to issue an order for seizure and sale under subrule (12);

(b) ask for a payment hearing under Rule 12 (3);

(c) ask a judge or registrar to issue a garnishing order under the Court Order Enforcement Act;

(d) ask for a default hearing under Rule 13 (2), if the debtor defaults in making payments under a payment schedule;

(e) enforce the order by any other means permitted by law.

[en. B.C. Reg. 148/97, s. 12.]

When an order for seizure and sale may be issued

(12)The registrar may issue an order for seizure and sale (Form 11) if a creditor completes the form, following the instructions on the form, and files it at the registry.

[en. B.C. Reg. 148/97, s. 12.]

How long an order for seizure and sale is in effect

(13)If an order for seizure and sale has not been enforced within 12 months after it was issued, it expires but the creditor may ask the registrar to issue another one.

[en. B.C. Reg. 148/97, s. 12.]

If a debtor does not obey a payment schedule

(14)If a debtor defaults on the payments under a payment schedule,

(a) the balance of the money required to be paid under the payment order becomes due immediately, and

(b) the creditor may collect the entire amount by taking any of the steps listed in subrule (11).

[en. B.C. Reg. 148/97, s. 12.]

If a decision is reserved

(15)If a payment order is made in the absence of the parties because the judge reserved the decision,

(a) the creditor may take any of the steps listed in subrule (11), and

(b) the debtor may ask for a payment hearing under Rule 12 (10).

[en. B.C. Reg. 148/97, s. 12.]

If a payment order is made in favour of a young person

(16)If a payment order is made in favour of a person under 19 years of age, a judge may order the amount payable under the order to be paid to the Public Guardian and Trustee for that person.

[en. B.C. Reg. 148/97, s. 12; am. B.C. Reg. 172/2003, s. 4.]

Collection while payment hearing outstanding

(17)If a summons to a payment hearing has been filed, the creditor may not take any other steps to collect payment until

(a) the payment hearing has concluded, or

(b) the summons has been withdrawn or cancelled.

[en. B.C. Reg. 148/97, s. 12.]

Collection after warrant for arrest ordered

(18)If a warrant is issued for the arrest of a debtor or of an officer, director or employee of a corporate debtor, the creditor may take any steps to collect payment due under a payment order as if a payment hearing had concluded.

[en. B.C. Reg. 148/97, s. 12.]

Rule 12 — Payment Hearing

Purpose of a payment hearing

(1)The purpose of a payment hearing is to allow a judge or justice of the peace to

(a) assess the debtor's ability to pay, and

(b) consider whether a payment schedule should be ordered.

[am. B.C. Reg. 148/97, s. 13.]

Parties may request a payment hearing

(2)A payment hearing will be held if it is

(a) requested by the creditor under subrule (3),

(b) requested by the debtor under subrule (10), or

(c) ordered by the judge under Rule 11 (5) (a).

[am. B.C. Reg. 148/97, s. 12.]

How a creditor asks for a payment hearing

(3)To ask for a payment hearing, a creditor must complete a summons (Form 12), following the instructions on the form, and file it at the registry.

When a creditor is not allowed to ask for a payment hearing

(4)A creditor who has an order for seizure and sale outstanding against the debtor may not ask for a payment hearing without the permission of a judge (see Rule 16 (7)).

If the debtor is a company

(5)If the debtor is a company, an officer, director or employee of the company may be summoned to the payment hearing.

If the debtor is a partnership

(6)If the debtor is a partnership, a partner may be summoned to the payment hearing.

Service of the summons

(7)A person named in a summons to a payment hearing must be served by leaving the summons with the person at least 7 days before the date of the payment hearing.

Summons may be cancelled if wrong person summoned

(8)A person who is served with a summons to a payment hearing may apply to a judge (see Rule 16 (7)) who may

(a) cancel the summons if the person is not the right person to provide information on behalf of the debtor, and

(b) direct the registrar to issue a new summons to someone who is the right person to provide the information.

What a person must bring

(9)A debtor or the person summoned may be required, either by a summons issued under subrule (3) or by the judge when ordering a payment hearing, to bring to the payment hearing any records and other things that relate to the subjects listed in subrule (12).

If a debtor asks for a payment hearing

(10)To ask for a payment hearing, a debtor must complete a notice (Form 13), following the instructions on the form, and file it at the registry.

Service of notice on creditor

(11)The debtor must serve the notice on the creditor at least 7 days before the date of the payment hearing.

What happens at a payment hearing?

(12)At any payment hearing under these rules, evidence may be heard about any of the following:

(a) the income and assets of the debtor;

(b) the debts owed to and by the debtor;

(c) any assets that the debtor has disposed of since the claim arose;

(d) the means that the debtor has, or may have in the future, of paying the amount owed.

A payment schedule may be ordered

(13)After hearing the evidence and submissions by the parties, the judge or justice of the peace may order a payment schedule specifying

(a) the date by which the debt must be paid, or

(b) the amounts and dates of the instalments.

[am. B.C. Reg. 148/97, s. 12.]

If a creditor does not attend

(14)If a creditor does not attend a payment hearing, the judge or justice of the peace may hold the hearing, cancel it or postpone it.

[am. B.C. Reg. 148/97, s. 12.]

If someone summoned or ordered to attend does not attend

(15)If a creditor asks, a judge or justice of the peace may issue a warrant (Form 9) for the arrest of a person who does not attend a payment hearing and who was

(a) served with a summons to attend, or

(b) ordered in person by a judge or justice of the peace to attend.

[am. B.C. Reg. 148/97, s. 12.]

Rule 13 — Default Hearing

When a creditor may ask for a default hearing

(1)A creditor may ask the registrar for a default hearing if the debtor does not obey a payment schedule that was

(a) made in an order under Rule 7 (14) (c) (at a settlement conference),

(a.1) made in an order under Rule 7.5 (14) (b) (at a trial conference),

(b) made under Rule 11 (4) (at the trial),

(c) made under Rule 12 (13) (at a payment hearing), or

(d) changed under Rule 17 (3).

[am. B.C. Reg. 360/2007, s. 12.]

How to ask for a default hearing

(2)To ask for a default hearing, the creditor must complete a summons (Form 14), following the instructions on the form, and file it at the registry.

If the debtor is a company

(3)If the debtor is a company, an officer, director or employee of the company may be summoned to the default hearing.

If the debtor is a partnership

(4)If the debtor is a partnership, a partner may be summoned to the default hearing.

Service of the summons

(5)A person named in a summons to a default hearing must be served by a court bailiff or sheriff leaving the summons with the person at least 7 days before the date of the default hearing.

What a person must bring

(6)A person who is served with a summons to a default hearing must bring to the hearing any records and other things required by the summons.

What the judge may do at a default hearing

(7)At a default hearing, the judge may

(a) confirm the terms of a payment schedule or other order, or

(b) change the terms of a payment schedule or other order in any manner that the judge thinks is fair to the debtor and the creditor.

Judge may order debtor imprisoned

(8)The judge may issue a warrant (Form 15) requiring the debtor to be imprisoned for a specified period of not more than 20 days if

(a) the debtor has not obeyed a payment schedule, and

(b) the debtor's explanation, or failure to give an explanation, of why the payment schedule has not been obeyed is considered by the judge to amount to contempt of court.

If a person does not attend

(9)If the creditor asks, the judge may issue a warrant (Form 9) for the arrest of a person who does not attend a default hearing and who was

(a) served with a summons to attend, or

(b) ordered in person by a judge to attend.

Rule 14 — Warrant of Arrest for Not Attending Court

Notice of arrest

(1)If a warrant of arrest is issued under Rule 9 (7), 12 (15) or 13 (9), the registrar must serve the person named in the warrant with a notice of arrest.

What a person may do after receiving a notice of arrest

(2)A person who is served with a notice of arrest may contact the registrar to arrange to attend court voluntarily.

Sheriff or peace officer may arrest

(3)If a person who is served with a notice of arrest does not arrange, within 7 days after the date of service, to attend court voluntarily, a sheriff or peace officer may arrest the person.

Sheriff or peace officer must bring arrested person to court

(4)A sheriff or peace officer who arrests a person under subrule (3) must promptly bring the person to court.

What a judge or justice of the peace may do

(5)If a person attends court voluntarily under subrule (2) or under arrest under subrule (3), the judge or justice of the peace may release the person and may order the person to attend on another date.

Cancellation of warrant

(6)If a person named in a warrant attends court voluntarily under subrule (5), the warrant is cancelled.

If a person fails to appear as ordered

(7)If a person has been ordered under subrule (5) to appear on another date and the person does not appear as ordered, a judge may issue a warrant (Form 9) for the immediate arrest of the person.

How long the warrant is in effect

(8)A warrant of arrest remains in force for 12 months from the date of its issue, but at the end of that period it expires and no one may be arrested under it.

Rule 15 — If a Warrant of Imprisonment Is Issued

Imprisonment

(1)If a warrant of imprisonment is issued under Rule 13 (8) or 19 (1), a sheriff or peace officer may arrest the person named in the warrant and deliver that person to the director of a correctional centre referred to in the warrant.

How long the warrant is in effect

(2)A warrant of imprisonment remains in force for 12 months from the date of its issue, but at the end of that period it expires and no one may be imprisoned under it.

Debtor may pay

(3)If a warrant of imprisonment is issued under Rule 13 (8), the debtor may pay the amount stated in the warrant to the registrar or to a sheriff, peace officer or warden who has custody of the person.

What the registrar does after receiving payment

(4)If the money is paid to the registrar, the registrar must

(a) issue a receipt for the payment and then pay that amount to the creditor, and

(b) if the debtor has not yet been arrested, cancel the warrant of imprisonment.

Release after payment

(5)A sheriff, peace officer or warden must release a debtor imprisoned under a warrant of imprisonment if the debtor

(a) pays the amount stated in the warrant, or

(b) shows a registrar's receipt for payment of the amount.

Money to be given to the creditor

(6)A sheriff, peace officer or warden who receives money under this rule must forward the money to the registrar for payment to the creditor named in the warrant of imprisonment.

Imprisonment does not cancel the debt

(7)Imprisonment under these rules does not cancel the debt or any right of the creditor to take steps to collect it.

Contents  |  Rules 1 to 5  |  Rules 6 to 10.1  |  Rules 11 to 15  |  Rules 16 to 22  |  Schedule A  |  Schedule B  |  Schedules C, D and E