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B.C. Reg. 347/2012
O.C. 837/2012
Deposited November 26, 2012
effective March 18, 2013

Family Law Act

Family Law Act Regulation

Note: Check the Cumulative Regulation Bulletin 2015 and 2016
for any non-consolidated amendments to this regulation that may be in effect.

[includes amendments up to B.C. Reg. 42/2013, January 1, 2014]

Link to Point in Time

Contents
Part 1 — Interpretation
1Definitions
Part 2 — Family Justice Counsellors
2Prescribed classes of persons for sections 11 and 12 of the Act
3Prescribed information for section 11 of the Act
Part 3 — Family Dispute Resolution Professionals
4Family law mediators
5Family law arbitrators
6Parenting coordinators
Part 4 — Child Support Guidelines
7Definitions
8Establishment of child support guidelines
9Application of federal child support guidelines
10Application of federal child support guidelines to courts and court rules
Part 5 — Child Support Recalculation
11Definitions
12Prescribed court registry
13Income information to be provided to child support service
14Contact information
15Authorization to release income tax information
16Prescribed difference for the purposes of section 155 (4) of the Act
17Notification of recalculated amount
18Child support service must decline recalculation
19Requirements for recalculation under child support agreements
20Deemed receipt
21Correction to statement of recalculation
22Application respecting recalculated amount
Part 6 — Prescribed Information, Forms and Fees
23Form for appointment of testamentary or standby guardian
24Small property
25Person to whom searchable information may be disclosed
26Fee for filing a notice of agreement in land title office
26.1Guardianship application consent
27Forms
Appendix A

Part 1 — Interpretation

Definitions

1  In this regulation:

"Act", except in Part 4, means the Family Law Act;

"child support guidelines" mean the child support guidelines established under Part 4.

Part 2 — Family Justice Counsellors

Prescribed classes of persons for sections 11 and 12 of the Act

2  For the purposes of section 11 (1) (b) and 12 (1) (b) of the Act, the following classes of employees of the Family Justice Services Division of the Ministry of Justice are prescribed:

(a) child support officers;

(b) administrative support staff;

(c) justice interviewers;

(d) local managers;

(e) regional managers;

(f) Provincial executive directors.

Prescribed information for section 11 of the Act

3  (1) In this section, "personal information" has the same meaning as in the Freedom of Information and Protection of Privacy Act.

(2) A family justice counsellor is not prohibited by section 11 (1) (a) of the Act from disclosing, in the following circumstances, the following information obtained in the course of providing assistance under section 10 (2) of the Act, and a person referred to in section 2 of this regulation is not prohibited by section 11 (1) (b) of the Act from disclosing, in the following circumstances, the following information obtained from, or in the course of assisting, a family justice counsellor:

(a) a written agreement to mediate;

(b) a written agreement that resolves one or more issues in a family law dispute;

(c) information obtained, from a child, in the course of providing assistance under section 10 (2) of the Act if

(i) the child first indicates his or her approval to the disclosure, and

(ii) the information is disclosed only to the person or persons receiving assistance under section 10 (2) of the Act;

(d) confirmation that a person met with a family justice counsellor in relation to a matter described under section 10 (2) of the Act if that person requests the confirmation;

(e) personal information if that information has been in existence for at least 100 years;

(f) information, other than personal information, if that information has been in existence for at least 50 years;

(g) information to be used for research purposes if that information is disclosed in accordance with section 33.1 (1) (s) of the Freedom of Information and Protection of Privacy Act.

(3) Without limiting subsection (2) of this section, a family justice counsellor is not prohibited by section 11 (1) (a) of the Act from disclosing information obtained in the course of providing assistance under section 10 (2) of the Act, and a person referred to in section 2 of this regulation is not prohibited by section 11 (1) (b) of the Act from disclosing information obtained from, or in the course of assisting, a family justice counsellor if any of the following apply:

(a) the information is disclosed to a service provider or agency in conjunction with a referral of a person to that service provider or agency and the person being referred has consented to the referral and disclosure;

(b) the information is disclosed to comply with requirements under the applicable Rules of Court or the Child, Family and Community Service Act;

(c) an agreement respecting the division of property under Part 5 of the Act or respecting the payment of spousal support under Part 7 of the Act was negotiated with the assistance of a family justice counsellor under section 10 (2) of the Act, an application is made to the court to set aside that agreement and the information is disclosed to provide evidence for the purposes of that application;

(d) the information is disclosed to protect a person or property if the person making the disclosure reasonably believes that there is a risk of imminent and serious harm;

(e) the information is disclosed in relation to a civil or administrative proceeding to which the family justice counsellor is a party.

Part 3 — Family Dispute Resolution Professionals

Family law mediators

4  (1) Only a mediator who is qualified as a family dispute resolution professional may conduct a mediation in relation to a family law dispute.

(2) A mediator is qualified as a family dispute resolution professional if he or she is

(a) a member in good standing of the Law Society of British Columbia and meets all of the training and practice requirements set for family law mediators by the Law Society of British Columbia,

(b) a member in good standing of the Mediate BC Family Roster,

(c) a member in good standing of, and a certified mediator with, Family Mediation Canada and meets the training and practice requirements of Family Mediation Canada, or

(d) an individual to whom all of the following apply:

(i) he or she has at least 2 years experience in family-related practice, including in law, psychology, social work, clinical counselling, teaching or nursing;

(ii) he or she has completed at least 21 hours of family law training provided by the Justice Institute of British Columbia or by the Continuing Legal Education Society of British Columbia or equivalent training provided by any other training provider that is recognized as providing high quality training in that field;

(iii) he or she has completed at least 80 hours of mediation theory and skills training, provided by the Justice Institute of British Columbia, by the Continuing Legal Education Society of British Columbia or by any other training provider that is recognized as providing high quality training in that field, that includes at least

(A) 21 hours of training focusing on issues relating to family dynamics in separation and divorce,

(B) 7 hours of training focusing on financial issues relating to separation, divorce and family reorganization,

(C) 7 hours of training focusing on ethical issues relating to the mediation process, and

(D) 7 hours of training focusing on drafting memoranda of understanding;

(iv) he or she has completed at least 14 hours of family violence training, including training on identifying, assessing and managing family violence and power dynamics in relation to dispute resolution process design, provided by the Justice Institute of British Columbia, by the Continuing Legal Education Society of British Columbia or by any other training provider that is recognized as providing high quality training in that field;

(v) each year he or she completes at least 10 hours of continuing professional development applicable to family dispute resolution practice, at least 7 hours of which must be in the form of a course provided by the Justice Institute of British Columbia, by the Continuing Legal Education Society of British Columbia or by any other training provider that is recognized as providing high quality training in that field;

(vi) he or she maintains professional liability insurance that provides coverage for his or her practice of mediation.

(3) The following practice standards apply to a family dispute resolution professional who wishes to engage in mediation in relation to a family law dispute:

(a) before initiating mediation, he or she must enter into a written agreement to mediate with the parties to the family law dispute;

(b) before initiating mediation, he or she must provide written confirmation to the parties to the family law dispute that he or she meets the professional requirements set out in subsection (2).

Family law arbitrators

5  (1) Only an arbitrator who is qualified as a family dispute resolution professional may conduct an arbitration in relation to a family law dispute.

(2) An arbitrator is qualified as a family dispute resolution professional if

(a) he or she is a member in good standing of the Law Society of British Columbia and meets all of the training and practice requirements set for family law arbitrators by the Law Society of British Columbia, or

(b) subject to subsection (3), he or she is an individual to whom all of the following apply:

(i) he or she is a member in good standing of the College of Psychologists of British Columbia or the British Columbia College of Social Workers;

(ii) he or she has at least 10 years experience in family-related practice;

(iii) he or she has completed at least 40 hours of training in arbitration theory and skills provided by a training provider that is recognized as providing high quality training in that field, which training must include training in relation to

(A) the statutory context applicable to arbitration,

(B) conducting arbitration hearings,

(C) rules of evidence and principles of natural justice,

(D) the writing of agreements, awards and decisions, and

(E) family dynamics;

(iv) he or she has completed at least 30 hours of family law training, including training on the child support guidelines, provided by the Justice Institute of British Columbia, by the Continuing Legal Education Society of British Columbia or by any other training provider that is recognized as providing high quality training in that field;

(v) he or she has completed at least 14 hours of family violence training, including training on identifying, assessing and managing family violence and power dynamics in relation to dispute resolution process design, provided by the Justice Institute of British Columbia, by the Continuing Legal Education Society of British Columbia or by any other training provider that is recognized as providing high quality training in that field;

(vi) each year he or she completes at least 10 hours of continuing professional development applicable to family dispute resolution practice, at least 7 hours of which must be in the form of a course provided by the Justice Institute of British Columbia, by the Continuing Legal Education Society of British Columbia or by any other training provider that is recognized as providing high quality training in that field;

(vii) he or she maintains professional liability insurance that provides coverage for his or her practice of arbitration.

(3) An arbitrator referred to in subsection (2) (b) is qualified as a family dispute resolution professional to conduct arbitrations in relation to family law disputes relating to one or more of the following only:

(a) parenting arrangements;

(b) contact with a child;

(c) child support to which all of the following apply:

(i) all children in relation to whom support is sought are under 19 years of age;

(ii) none of the payor's income is self-employment income or partnership income;

(iii) the payor's annual income is not more than $150 000;

(iv) the applicable table to the child support guidelines is being relied on to calculate the basic child support amount;

(v) if special or extraordinary expenses under section 7 of the child support guidelines are at issue in the family law dispute, the determination of what those expenses are and how they are to be calculated is straightforward.

(4) The following practice standards apply to a family dispute resolution professional who wishes to engage in arbitration in relation to a family law dispute:

(a) before initiating arbitration, he or she must enter into a written agreement to arbitrate with the parties to the family law dispute;

(b) before initiating arbitration, he or she must provide written confirmation to the parties to the family law dispute that he or she meets the professional requirements set out in subsection (2).

Parenting coordinators

6  (1) A person may act as a parenting coordinator if

(a) he or she is a member in good standing of

(i) the Law Society of British Columbia,

(ii) the College of Psychologists of British Columbia,

(iii) the British Columbia College of Social Workers,

(iv) the BC Association of Clinical Counsellors,

(v) Family Mediation Canada,

(vi) the Mediate BC Family Roster, or

(vii) the BC Parenting Coordinators Roster Society,

(b) one of the following applies:

(i) he or she is a member in good standing of the Law Society of British Columbia and meets all of the training and practice requirements set for parenting coordinators by the Law Society of British Columbia;

(ii) he or she is not a member of the Law Society of British Columbia and all of the following apply:

(A) he or she meets the training requirements of, and is eligible for membership in, the Mediate BC Family Roster or Family Mediation Canada;

(B) he or she has at least 10 years experience in family-related practice;

(C) he or she has completed at least 40 hours of training in parenting coordination provided by a training provider that is recognized as providing high quality training in that field, which training must include training in relation to the role and responsibilities of a parenting coordinator, arbitration and decision making, communication skills development, the effects of separation and divorce on parents and children, high conflict family dynamics and child development and developmental needs;

(D) he or she has completed at least 21 hours of family law training provided by the Justice Institute of British Columbia, by the Continuing Legal Education Society of British Columbia or by any other training provider that is recognized as providing high quality training in that field;

(E) he or she has completed at least 14 hours of family violence training, including training on identifying, assessing and managing family violence and power dynamics in relation to dispute resolution process design, provided by the Justice Institute of British Columbia, by the Continuing Legal Education Society of British Columbia or by any other training provider that is recognized as providing high quality training in that field;

(F) each year he or she completes at least 10 hours of continuing professional development applicable to family dispute resolution practice, at least 7 hours of which must be in the form of a course provided by the Justice Institute of British Columbia, by the Continuing Legal Education Society of British Columbia or by any other training provider that is recognized as providing high quality training in that field, and

(c) he or she maintains professional liability insurance that provides coverage for his or her practice as a parenting coordinator.

(2) The following practice standards apply to a parenting coordinator:

(a) before assisting the parties to a family law dispute in his or her capacity as a parenting coordinator, he or she must enter into a written agreement to provide parenting coordination services with the parties to the family law dispute;

(b) before assisting the parties to a family law dispute in his or her capacity as a parenting coordinator, he or she must provide written confirmation to the parties to the family law dispute that he or she meets the professional requirements set out in subsection (1).

(3) The following are the matters in respect of which a parenting coordinator may make determinations:

(a) parenting arrangements;

(b) contact with a child.

(4) For the purposes of subsection (3), a parenting coordinator

(a) may make determinations in respect of

(i) a child's daily routine, including a child's schedule in relation to parenting time or contact with the child,

(ii) the education of a child, including in relation to the child's special needs,

(iii) the participation of a child in extracurricular activities and special events,

(iv) the temporary care of a child by a person other than

(A) the child's guardian, or

(B) a person who has contact with the child under an agreement or order,

(v) the provision of routine medical, dental or other health care to a child,

(vi) the discipline of a child,

(vii) the transportation and exchange of a child for the purposes of exercising parenting time or contact with the child,

(viii) parenting time or contact with a child during vacations and special occasions, and

(ix) any other matters, other than matters referred to in paragraph (b), that are agreed on by the parties and the parenting coordinator, and

(b) must not make determinations in respect of

(i) a change to the guardianship of a child,

(ii) a change to the allocation of parental responsibilities,

(iii) giving parenting time or contact with a child to a person who does not have parenting time or contact with the child,

(iv) a substantial change to the parenting time or contact with a child, or

(v) the relocation of a child.

(5) Repealed. [B.C. Reg. 347/2012, s. 2 (b).]

[am. B.C. Reg. 347/2012, s. 2 (b).]

Part 4 — Child Support Guidelines

Definitions

7  In this Part:

"Federal Child Support Guidelines" means the Federal Child Support Guidelines established under section 26.1 of the Divorce Act (Canada);

"Federal guidelines" means the Federal Child Support Guidelines as they apply for the purposes of this regulation.

Establishment of child support guidelines

8  For the purposes of sections 1, 247 and 249 (5) and (6) of the Family Law Act, the Federal Child Support Guidelines, except sections 2 (1), 21 (5), 26 and 27 of those guidelines, are adopted and established as child support guidelines in accordance with this Part.

Application of federal child support guidelines

9  (1) For the purposes of section 8 of this regulation, a reference in the Federal Child Support Guidelines

(a) to "the Act" is to be read as a reference to "the Family Law Act",

(b) to "the age of majority" is to be read as a reference to "19 years of age",

(c) to a "child" is to be read as a reference to child as defined by the Family Law Act,

(d) to a "child support order" is to be read as a reference to an order, including an interim order, respecting child support made under Part 7 of the Family Law Act,

(e) to "income" is to be read as a reference to the annual income determined under sections 15 to 20 of the Federal guidelines,

(f) to the "Income Tax Act" is and remains a reference to the "Income Tax Act (Canada)",

(g) to "order assignee" is to be read as a reference to the minister to whom maintenance rights are assigned under the Employment and Assistance Act or the Employment and Assistance for Persons with Disabilities Act, as applicable, and includes any other person, province, state or political subdivision, and any official agency of any other person, province, state or political subdivision, to which an assignment of one or more maintenance rights is made in accordance with legislation in that jurisdiction,

(h) to a "spouse", except in section 5 of the Federal guidelines, is to be read as a reference to a "parent" as defined in section 1 of the Family Law Act or to a "guardian" as defined in section 146 of the Family Law Act,

(i) to a "spouse" in section 5 of the Federal guidelines is to be read as a reference to a "person",

(j) to "other spouse" in sections 22, 24 (d) and 25 (2) of the Federal guidelines is deemed to include, without limiting paragraph (h) or (i) of this subsection, an order assignee,

(k) to a "table" is to be read as a reference to a federal child support table set out in Schedule I to the Federal guidelines,

(l) to a "universal child care benefit" is to be read as a reference to a benefit provided under section 4 of the Universal Child Care Benefit Act (Canada), and

(m) to a "variation order in respect of a child support order" is to be read as a reference to an order changing, suspending or terminating an order respecting child support.

(2) For the purposes of section 8 of this regulation, a reference

(a) in section 2 (4) (a) of the Federal guidelines to "interim orders under subsections 15.1(2) and 19(9) of the Act" is to be read as a reference to interim orders for child support under section 216 or 217 of the Family Law Act or under section 10 (2) (c), 13 (1) (b), 30 (2) (c) or 32 (1) (b) of the Interjurisdictional Support Orders Act,

(b) in section 2 (4) (b) of the Federal guidelines to "orders varying a child support order" is to be read as a reference to "orders changing, suspending or terminating an order respecting child support",

(c) in section 2 (4) (c) of the Federal guidelines to "orders referred to in subsection 19(7) of the Act" is to be read as a reference to "orders under section 13 (1) (a) or 32 (1) (a) of the Interjurisdictional Support Orders Act that confirm provisional orders made in a jurisdiction outside of British Columbia",

(d) in section 2 (4) (d) and (5) of the Federal guidelines to "recalculations under paragraph 25.1(1)(b) of the Act" is to be read as a reference to "recalculations under section 154 (2) (b) of the Family Law Act",

(e) in section 3 (3) (a) (i) and (b) of the Federal guidelines to "a variation order in respect of a child support order" is to be read as a reference to "an order changing, suspending or terminating an order respecting child support",

(f) in section 3 (3) (a) (i) and (b) of the Federal guidelines to "section 25.1 of the Act" is to be read as a reference to "Division 3 of Part 7 of the Family Law Act",

(g) in section 7 (1) (a) of the Federal guidelines to "custodial parent" is to be read as a reference to "guardian",

(h) in section 8 of the Federal guidelines to "Where each spouse has custody of one or more children" is to be read as a reference to "Where there are 2 or more children and each guardian has the majority of parenting time with one or more of those children",

(i) in section 9 of the Federal guidelines to "exercises a right of access to, or has physical custody of" is to be read as a reference to "exercises parenting time with",

(j) in section 9 (b) of the Federal guidelines to "shared custody arrangements" is to be read as a reference to "the parenting arrangements",

(k) in section 10 (2) (b) of the Federal guidelines to "access to a child" is to be read as a reference to "parenting time, or contact, with a child",

(l) in section 10 (2) (c) of the Federal guidelines to a "written separation agreement" is to be read as a reference to a "written agreement referred to in section 6 of the Family Law Act",

(m) in section 10 (2) (d) of the Federal guidelines to a "child of the marriage" is to be read as a reference to a "child of the parents who are the parties to the application",

(n) in section 14 of the Federal guidelines to "subsection 17(4) of the Act" is to be read as a reference to "section 152 (2) (a) of the Family Law Act",

(o) in section 14 (c) of the Federal guidelines to "an order made before May 1, 1997, the coming into force of section 15.1 of the Act, enacted by section 2 of chapter 1 of the Statutes of Canada, (1997)" is to be read as a reference to "an order made before April 14, 1998, the coming into force of section 93 of the Family Relations Act, enacted by section 18 of the Family Relations Amendment Act, 1997, S.B.C. 1997 c. 20",

(p) in section 19 (1) (a) of the Federal guidelines to "child of the marriage or any child under the age of majority" is to be read as a reference to "child", and

(q) in sections 22 (2), 24 (d) and 25 (7) (a) of the Federal guidelines to "costs" is to be read as a reference to "costs and expenses".

Application of federal child support guidelines to courts and court rules

10  (1) Nothing in this regulation extends the jurisdiction of the Provincial Court, and, in particular, the power of a court to award costs under sections 22 (2), 24 (d) and 25 (7) (a) of the Federal guidelines is a power exercisable by the Supreme Court only.

(2) These guidelines are in addition to and not in substitution for any court rules prescribed under the Court Rules Act, but if there is a conflict between these guidelines and any court rules, these guidelines prevail.

(3) For the purposes of subsection (2) of this section, it is not a conflict between these guidelines and court rules merely because the court rules

(a) require a person to provide information that is additional to the information that the person would be required to provide under these guidelines,

(b) require that certain information that is required by the court rules but not by these guidelines be presented in a manner or form that is different from the manner or form in which information required under these guidelines is to be presented, or

(c) require the provision, in one manner or form, of information some or all of which is required under these guidelines to be provided in a different manner or form.

Part 5 — Child Support Recalculation

Definitions

11  In this Part:

"party" means a payor or recipient;

"registry" means a court registry prescribed under section 13.

Prescribed court registry

12  The Kelowna Provincial (Family) Court Registry is prescribed for the purposes of sections 155 (1) (a) (ii) and (b) and (5) and 158 (1) (b) of the Act.

Income information to be provided to child support service

13  (1) On request by the child support service, a person described in section 158 (1) of the Act must provide the child support service with

(a) a copy of the personal income tax return filed for the most recent taxation year by the person specified in the request, and

(b) a copy of every notice of assessment and reassessment issued to the person for the most recent taxation year.

(2) A person described in section 158 (1) of the Act must provide the income information requested under subsection (1) of this section no later than 30 days after the date the person is deemed, under section 20 of this regulation, to have received the request.

(3) If a person described in section 158 (1) of the Act does not provide information under subsection (1) of this section within the time period required by subsection (2) of this section, the child support service may, for the purposes of section 158 (2) of the Act, recalculate the amount of child support by applying a 10% increase to the income of that person that had been used to determine the current child support.

Contact information

14  (1) On request by the child support service, a party must provide the child support service with the party's address, email address, telephone number and fax number.

(2) A party must notify the child support service, in writing, of a change in the contact information provided under subsection (1) no later than 30 days after the change occurs.

(3) If a party does not provide notification of the change in contact information required under subsection (2) within the period required by subsection (2), the child support service may recalculate the amount of child support without any further notice to the party.

Authorization to release income tax information

15  Form 1 of Appendix A is prescribed for the purposes of authorizing the release of income tax information under section 158 (3) of the Act.

Prescribed difference for the purposes of section 155 (4) of the Act

16  The prescribed difference for the purposes of section 155 (4) of the Act is $5 more or $5 less per month than the current child support.

Notification of recalculated amount

17  (1) Subject to section 14 (3) of this regulation, the child support service must notify each party in writing of the recalculated amount.

(2) Notification under subsection (1) of this section may be sent by regular mail to the last known address of the party in the records of the child support service.

Child support service must decline recalculation

18  The child support service must decline to recalculate a child support amount

(a) if the child support amount was established in an order made in accordance with

(i) section 3 (2), 4 (b), 5, 9, 10, 17 or 19 (1) (a) or (c) to (i) of the child support guidelines, or

(ii) the Interjurisdictional Support Orders Act, or

(b) if all or a part of the income used to determine the child support amount is self-employment income or partnership income.

Requirements for recalculation under child support agreements

19  In order for the child support service to recalculate child support established under an agreement respecting child support, the agreement must include the following provisions:

(a) agreement by the parties that the child support service may recalculate the child support amount annually, based on the parties' income information provided under Division 3 of Part 7 of the Act;

(b) agreement that the parties will notify the child support service, in writing, of a change in address, email address, phone number or fax number, no later than 30 days after the change;

(c) acknowledgement by the parties that

(i) each party is required to provide income information to the child support service no later than 30 days after the date the party is deemed, under section 20 of this regulation, to have received a written request for the information from the child support service, and

(ii) if they fail to provide the income information within the required time period, the child support service may recalculate and increase the child support amount, in accordance with the Act and the regulations.

Deemed receipt

20  A notice or other record required to be given or delivered to a person under this Part or Division 3 of Part 7 of the Act is deemed to have been received by the person 5 days after the date on which it was sent.

Correction to statement of recalculation

21  (1) The child support service may make a correction to a statement of recalculation under section 156 (2) (a) of the Act if it does so within 30 days after the date of the statement of recalculation.

(2) A party may make a request under section 156 (2) (b) of the Act no later than 5 days after the date on which the party is deemed, under section 20 of this regulation, to have received a statement of recalculation from the child support service.

(3) A request under subsection (2) of this section may be made by telephone, fax or email.

Application respecting recalculated amount

22  (1) The period prescribed for the purposes of section 157 (3) (c) of the Act is the period of 60 days following the date on which the materials in support of the application under section 157 (1) of the Act were filed in the applicable court registry.

(2) For the purposes of section 157 (3) (c) of the Act, the following steps are prescribed:

(a) serving the respondent to the application with the materials filed in support of the application under section 157 (1) of the Act;

(b) if the respondent to the application cannot be located, submitting to the applicable court registry a written request to a search officer for information referred to in section 237 (1) of the Act;

(c) completing a parenting after separation program if required under the applicable Rules of Court or by a judge.

Part 6 — Prescribed Information, Forms and Fees

Form for appointment of testamentary or standby guardian

23  The form prescribed for the purposes of sections 53 (1) (b) and 55 (2) (a) of the Act is Form 2 of Appendix A.

Small property

24  (1) For the purposes of determining the value of property delivered to a child or guardian under section 178 of the Act, the value of the property is the value that the property had at the date of its receipt by the child or guardian.

(2) The amount prescribed for the purposes of section 178 (1) (b) and (4) of the Act is $10 000.

(3) The form prescribed for the purposes of section 178 (2) (b) of the Act is

(a) Form 3 of Appendix A of this regulation, if the property referred to in that section is delivered to a guardian, or

(b) Form 4 of Appendix A of this regulation, if the property referred to in that section is delivered to a child.

Person to whom searchable information may be disclosed

25  A police officer is a prescribed person for the purposes of section 240 (1) (g) of the Act.

Fee for filing a notice of agreement in land title office

26  The prescribed fee for the purposes of section 99 (2) of the Act is $5.

Guardianship application consent

26.1  To request the child protection record check required for an application for guardianship under the Rules of Court, the applicant must complete and swear a Consent for Child Protection Record Check in Form 5 of Appendix A.

[en. B.C. Reg. 42/2013, s. 1 (a).]

Forms

27  The forms in Appendix A must be used if applicable, with variations as the circumstances require, and each of those forms must be completed by including the information required by that form in accordance with any instructions included on the form.

Appendix A

Form 1 (Family Law Act Regulation, section 15)

Ministry of Justice Child Support
Recalculation
Service
RELEASE OF INFORMATION
(Canada Revenue Agency)

The personal information requested on this form is collected under the authority of the Family Law Act and the Family Law Act Regulation. The information will be used for the purpose of administering the Child Support Recalculation Service. Your Social Insurance Number is collected to ensure the accurate identification of your tax record held by the Canada Revenue Agency. The collection, use and disclosure of personal information are subject to the provisions of the Freedom of Information and Protection of Privacy Act. Any questions about this information should be directed to the Child Support Recalculation Service.

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

Location of Court ..........

Level of Court ..........

CSRS File No. ..........

My Current Contact Information:

Full Legal Name: .........................................................................................................................

Address: .......................................................................................................................................

City/Municipality/Town: ................................................ Postal Code: ......................................

Telephone Number: ......................................................

Email Address: .............................................................

Fax Number: ...............................................................

TO THE CANADA REVENUE AGENCY:

My name is: ............................................................................................................. [full legal name]

My address as shown on the latest tax record is: ..............................................................................

My social insurance number is: .....................................

I consent to the release of income and expense information about me by the Canada Revenue Agency to the Child Support Recalculation Service, to be used, disclosed or made available only for the purposes and to the persons or in the manner set out below. The information will be taken from the Canada Revenue Agency assessment of the most recent income tax return filed by me or on my behalf. It is understood that when the information is no longer needed, it will be disposed of in accordance with the requirements of the Document Disposal Act.

The Family Law Act, the Family Law Act Regulation, the Supreme Court Family Rules and the Provincial Court (Family) Rules require the release of income tax information for

• recalculation of child support,

• application to vary support, or

• any other purpose ordered by the court.

The information will be used only for a purpose noted above. I understand that the information may become part of the court file and, as permitted by the Family Law Act and the Supreme Court Family Rules and the Provincial Court (Family) Rules, may be accessed by the parties, lawyers, family justice counsellors or persons authorized by a judge.

Date: ........................ [mmm/dd/yyyy] .......................................................................
Signature of person releasing information

Form 2 (Family Law Act Regulation, section 23)

APPOINTMENT OF STANDBY OR TESTAMENTARY GUARDIAN

1 I, ........................................... [name], of ......................................................... [address], am the guardian of .......................................................................... [name(s) of child(ren)] born ................................................ [birthdate(s) of child(ren)- mmm/dd/yyyy].

2 After considering the best interests of the child(ren) referred to in section 1, I appoint ................................................. [name], of ...................................................... [address], to be the guardian of the child(ren) and

[Check one or both of the following boxes as applicable and provide any required information.]

[ ] this appointment takes effect on my death

[ ] I am facing terminal illness or permanent mental incapacity and this appointment takes effect when, as a result of that illness or incapacity, I am unable to care for the child(ren), [add, if applicable, as certified by ...................................................................... [name or official title] ]. The appointed guardian must consult with me to the fullest possible extent regarding the care and upbringing of the child(ren).

3 On this appointment taking effect, the appointed guardian has the same parental responsibilities that I currently have [add, if applicable, subject to the following conditions and restrictions: ........................................................................................... ........................................................................................................................ [specify] ]

  Date: ........................ [mmm/dd/yyyy] .......................................................................
Signature of appointing guardian

This appointment was signed in the presence of

WITNESSES [The witnesses to this appointment must be at least 19 years of age and must not be the person appointed as guardian.]

Name: .............................................................. ............................................................
Address: .......................................................... Signature of witness
Occupation: ....................................................  
Name: .............................................................. ............................................................
Address: .......................................................... Signature of witness
Occupation: ....................................................  

Form 3 (Family Law Act Regulation, section 24)

GUARDIAN'S ACKNOWLEDGMENT — CHILDREN'S PROPERTY

1 I, ..................................................................................................................... [name], of .......................................................... [address], ........................................... [occupation], am the guardian of .................................................................................... [name of child] born .......................................... [birthdate of child - mmm/dd/yyyy].

2 I have the parental responsibility to make day-to-day decisions affecting the child.

3 I request ............................................................ [name of person or organization] to deliver to me, to hold as trustee for the child, money or other property of a total value of $ .................. that .............................................................. [name of person or organization] has a duty to deliver to the child.

4 I confirm that when I receive the money or other property referred to in section 3, the total value of money and property that I will have received to hold as trustee for the child under section 178 of the Family Law Act will not exceed the amount prescribed by section 24 of the Family Law Act Regulation. [Note: the amount prescribed as at March 18, 2013 is $10,000]

5 I will hold the money or other property in trust for the child.

6 I will keep the child's money or other property separate from my own

7 I will expend the money or other property for the sole benefit of the child.

8 I will not profit from my role as trustee of the child's money or other property.

9 I will account to the child at any time that the child requests and when the child reaches 19 years of age I will account to the child and transfer the balance of the money or other property remaining at that time and all interest earned on it to the child.

  Date: .................................. [mmm/dd/yyyy] .......................................................................
Signature of guardian

This acknowledgement was signed in the presence of

WITNESS [The witness to this acknowledgement must be at least 19 years of age.]

Name: .............................................................. ..................................................
Address: .......................................................... Signature of witness
Occupation: ....................................................  

Important Information

A guardian who holds money or other property for a child as a trustee under section 178 of the Family Law Act must comply with section 15.2 of the Trustee Act which states that "a trustee must exercise the care, skill, diligence and judgment that a prudent investor would exercise in making investments".

Money or other property held by the guardian belongs to the child. The guardian holds and protects it and cannot personally benefit from it. The guardian cannot borrow any of the money or other property and lend it to anyone else. The guardian cannot give it to anybody else to hold as a trustee other than to the person replacing him or her as guardian.

When the guardian invests a child's money or other property, the guardian must ensure that the investment is registered in the name of the trust or on behalf of the child. A bank, credit union or trust company can assist the guardian in setting up a trust account.

Only the guardian can make a decision about whether to spend any of the income or capital or both. The money or other property can only be used for the sole benefit of the child.

The guardian is accountable for his or her management of the money or other property and must keep a record of all transactions, including all financial statements detailing income earned by the money or other property and a record of all money spent.

Form 4 (Family Law Act Regulation, section 24)

CHILD'S ACKNOWLEDGMENT — CHILDREN'S PROPERTY

1 I, ........................................................ [name], of ............................................ [address], request that ........................................................ [name of person or organization] deliver to me money or other property of a total value of $ ................ that ............................................ [name of person or organization] has a duty to deliver to me.

2 I confirm that when I receive the money or other property, the total value of money and property that I will have received under section 178 of the Family Law Act will not exceed the amount prescribed by section 24 of the Family Law Act Regulation. [Note: the amount prescribed as at March 18, 2013 is $10,000]

3 I am able to receive the property or money under section 178 (2) (a) of the Family Law Act because I have a duty to support another person.

  Date: .................................. [mmm/dd/yyyy] .......................................................................
Signature

This acknowledgment was signed in the presence of

WITNESS [The witness to this acknowledgement must be at least 19 years of age.]

Name: .............................................................. ............................................................
Address: .......................................................... Signature of witness
Occupation: ....................................................  

Form 5 (Family Law Act Regulation, section 26.1)

[en. B.C. Reg. 42/2013, s. 1 (b).]

CONSENT FOR CHILD PROTECTION RECORD CHECK

NOTE: This form must be completed by any person applying for guardianship of one or more children, and must be provided to the court registry at which the materials in support of that guardianship application have been filed.

SECTION 1 IDENTIFICATION OF PERSON SEEKING CHILD PROTECTION RECORD CHECK
Name: ......................................... .................................... ....................................
[first name] [middle name(s)] [last name]

Other names used (include maiden name): ..................................................................................

Address: .............................................................................................. City: ...............................

Province: ................................. Postal Code: ................................. Phone No.: ..........................

Date of Birth: .......................................................... Gender: M [ ] F [ ]

Primary ID (Type and No.): .............................. Second ID (Type and No.): ............................

SECTION 2 CHILD PROTECTION RECORD CHECK

A Child Protection Record Check (CPRC) is a report of prior contact entries in the records collected under the Child, Family and Community Service Act (CFCSA) or its predecessor legislation regarding child protection concerns, if any, relating to a person (the "applicant") who is applying for guardianship of a child under the Family Law Act (FLA). A CPRC is prepared by a delegated child welfare worker at the Provincial After Hours Programs of the Ministry of Children and Family Development (MCFD). The CPRC reflects a search of records pertaining to the applicant as an adult or parent and does not reflect a search of records pertaining to the applicant as a child and non-parent. A CPRC documents only those child protection reports that required an investigation or an assessment and does not reflect services that may have been provided to the applicant on a voluntary basis under the CFCSA or its predecessor legislation.

[Check whichever of the following statements is correct and provide any required information.]

[ ] I have not been involved at any time in the past, as an adult or parent, with child protection services.

[ ] I have been involved in the past, as an adult or parent, with child protection services, with my first involvement occurring in ..............[year].......... .

SECTION 3 REASON FOR REQUESTING A CPRC

Section 51 (2) of the FLA requires an applicant to provide evidence to the court, in accordance with the Supreme Court Family Rules or the Provincial Court (Family) Rules, respecting the best interests of the child. An applicant must submit a CPRC to the court to assist the court in determining the best interests of the child.

I am applying in the ............................... Registry of the [ ] Supreme Court [ ] Provincial Court under Action No.: ................. for guardianship of:

[Complete one line for each child for which guardianship is sought. Add additional lines if required.]

Name of child Child's date
of birth
Child's place of residence [Check the correct box.]
    [ ] this child currently resides with me
[ ] this child does not currently reside with me but will be coming to live with me
    [ ] this child currently resides with me
[ ] this child does not currently reside with me but will be coming to live with me
    [ ] this child currently resides with me
[ ] this child does not currently reside with me but will be coming to live with me
SECTION 4 POSSIBLE CONSEQUENCES OF A CPRC

A CPRC may result in any of the following:

1 If a CPRC indicates that there is reason to believe that a child who is currently in, or about to come into, the applicant's care may need protection under section 13 of the CFCSA, the delegated child welfare worker conducting the CPRC will make a report to a local child welfare worker for further assessment under the CFCSA.
2 If a CPRC indicates that the applicant currently has an open child protection file, the delegated child welfare worker conducting the CPRC will notify the child welfare worker with conduct of the open file that the applicant is seeking guardianship under the FLA.
3 In response to a CPRC, a judge may order that records under the CFCSA or predecessor legislation be provided to the court.
4 In response to a CPRC, a judge may order an assessment of the applicant's ability and willingness to satisfy the needs of the child under section 211 of the FLA.
5 The director of the CFCSA may apply for leave to intervene in the guardianship proceedings under the FLA if the director considers it in the best interests of a child to do so.
SECTION 5 CONSENT

I have read and completed sections 1 to 4 and understand what a CPRC will entail, why a CPRC is required for my guardianship application and the possible consequences of a CPRC. I consent to a delegated child welfare worker from MCFD conducting and completing a CPRC for me to submit to the court as evidence in my guardianship application. This consent is valid for one year from the date of signature.

Date: ................[mmm/dd/yyyy].................    .............................................................................................
Signature

[The applicant signing this consent must also swear the following declaration if this form is provided to the court registry by a person other than the applicant. The applicant need not swear the following declaration if the applicant personally presents this consent to the court registry and provides the evidence of identity required by the registry staff.]

I SWEAR (OR AFFIRM) THAT I am the person referred to in section 1 of this consent, that the information in sections 1 and 3 of this consent is true and complete and that I have signed section 5 of this consent.

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].....

[Provisions relevant to the enactment of this regulation: Family Law Act, S.B.C. 2011, c. 25, sections 51, 245, 247, 248 and 249 (5) and (6)]