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Volume 48, No. 6
B.C. Reg. 135/2005
The British Columbia Gazette, Part II
March 22, 2005

B.C. Reg. 135/2005, deposited March 18, 2005, pursuant to the COURT RULES ACT [Section 1]. Order in Council 207/2005, approved and ordered March 17, 2005.

On the recommendation of the undersigned, made after consultation with the Chief Justice of British Columbia, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective July 1, 2005, the Court of Appeal Rules, B.C. Reg. 297/2001, are amended as set out in the attached Schedule.

— P. G. PLANT, Attorney General and Minister Responsible for Treaty Negotiations; G. CAMPBELL, Presiding Member of the Executive Council.

Schedule

1 Rule 39 (4) of the Court of Appeal Rules, B.C Reg. 297/2001, is amended by adding the following paragraph:

(e) if the address for service is or includes an e-mail address, in accordance with Rule 54.1 (16).

2 Rule 54 (1) is amended by striking out "and" at the end of paragraph (b), by adding ", and" at the end of paragraph (c) and by adding the following paragraph:

(d) includes an electronic copy of the document being filed in a form or format required by the registrar.

3 The following rule is added:

Electronic filing pilot project rule

54.1 (1) In this rule:

"electronic document" means a document that has been transmitted for filing electronically;

"electronic services agreement" means an agreement referred to in subrule (3);

"registered user" means a person who has entered into an electronic services agreement.

(2) In the event of a conflict between this rule and another rule, this rule applies.

(3) A person wishing to file documents in a registry under this rule must

(a) enter into an agreement with the Court Services Branch of the Ministry of the Attorney General respecting the terms and conditions under which those filings may be made, and

(b) submit documents for filing in accordance with that agreement.

(4) A registered user may electronically transmit a document to a registry for filing if

(a) the document is accompanied by payment of the applicable filing fees, and

(b) the document is not one referred to in subrule (5).

(5) The following documents may not be transmitted for filing electronically:

(a) a motion book;

(b) a reply book;

(c) an appeal record;

(d) a factum;

(e) an appeal book;

(f) a transcript;

(g) a transcript extract book;

(h) a memorandum of argument;

(i) a book of authorities;

(j) a document that exceeds 500 pages in length, unless its transmission for filing electronically is authorized by the registrar.

(6) An affidavit or other signed document that is being filed for evidentiary purposes, if submitted for filing electronically, must clearly identify the signatory and must be accompanied by a statement, in Form 33, of the counsel acting for the person on whose behalf the document is submitted for filing or, if that person is unrepresented, by a statement of that person, in Form 33, indicating that

(a) the original paper version of the document appears to bear an original signature of the person identified as the signatory and the person making the Form 33 statement has no reason to believe that the signature placed on the document is not the signature of the identified signatory, and

(b) the version of the document that is being submitted for filing electronically appears to be a true copy of the original paper version of the document and the person making the Form 33 statement has no reason to believe that it is not a true copy of the original paper version.

(7) A person who submits a document for filing under subrule (6) in a proceeding must

(a) keep the original paper version of the document until the earliest of

(i) the date on which the proceeding, including any appeals, is finally disposed of,

(ii) the date on which the appeal period for that proceeding has expired if no appeals of the proceeding have been brought within that period, and

(iii) the date on which the registrar requests that the original paper version be filed, and

(b) if a request is made under paragraph (a) (iii), file the original paper version promptly after that request is made.

(8) A person who submits a document referred to in subrule (6) for filing electronically must, on request, make the original paper version of that document available for inspection by other parties or their counsel and by the court.

(9) A person who is entitled to inspect a document under subrule (8) may, if that inspection is denied, file a requisition with the registrar, and, promptly after receipt of that requisition, the registrar must make a request under subrule (7) (a) (iii).

(10) Rule 51 of the Supreme Court Rules continues to apply to affidavits filed under this rule, but, in the event of a conflict between this rule and Rule 51 of those rules in respect of those affidavits, this rule prevails.

(11) For the purposes of these rules other than subrule (6) of this rule, a document is deemed to have been originally signed if it has been electronically authenticated in the manner contemplated by the applicable electronic services agreement.

(12) If a document that has been transmitted for filing electronically is accepted for filing by the registrar, the document is deemed to have been filed,

(a) if the document is received at the registry at or before 4 p.m. on a day on which the registry is open for business, on the day of its receipt, or

(b) if the document is not received at the registry at or before 4 p.m., on the next day on which the registry is open for business.

(13) After a document that has been transmitted for filing electronically is accepted for filing by the registrar, the registrar must affix an electronic version of the registry stamp to the document and, after that, must provide a copy of the stamped electronic document, in the manner contemplated by the electronic services agreement, to the person who transmitted the document for filing.

(14) If a document has been filed in accordance with subrule (4), a person who is otherwise entitled to view and obtain a copy of the document may, on payment of the proper fee,

(a) obtain from the registry a paper copy of the document,

(b) if the court registry has provided a public access computer terminal, view the document on that terminal, or, if the document is not available for viewing on that terminal, view on that terminal the information about the document or its contents, if any, that the court registry provides on that terminal, or

(c) if the person is a registered user, access the document in accordance with the terms of the electronic services agreement entered into by that person.

(15) A person who is required to provide an address for service under these rules may provide an e-mail address for service.

(16) A document that may or must be served on a person may, if it is an electronic document, be served on the person as follows:

(a) if the person has provided an e-mail address for delivery under subrule (15), by e-mailing it to that person's e-mail address for delivery;

(b) if the solicitor for the person has provided an e-mail address for delivery under subrule (15), by e-mailing it to that solicitor's e-mail address for delivery.

(17) A document transmitted by e-mail in accordance with subrule (16) is deemed to have been served

(a) on the day of the transmission, if the document is transmitted before 4 p.m., or

(b) on the next day that is not a Saturday or holiday, if the document is transmitted after 4 p.m.

(18) Even though a document has been served in accordance with subrule (16), a person may show, on an application to set aside the consequences of default, on an application for an extension of time or on an application in support of a request for an adjournment, that the document

(a) did not come to the person's notice,

(b) did come to the person's notice later than when it was served or effectively served, or

(c) was incomplete or illegible.

(19) This rule is repealed on July 2, 2007.

4 The following form is added:

Form 33 (Rule 54.1 (6) )

Court of Appeal File No. ....................

COURT OF APPEAL

Between:

Appellant/Respondent
(Plaintiff)

And:

Appellant/Respondent
(Defendant)

ELECTRONIC FILING STATEMENT

I, .........[name].........., am the counsel acting for .........[name].........., the ..........[indicate party status]............
 

OR

I, .........[name].........., am the ..........[indicate party status]......... and I am not represented by a counsel.

I advise as follows:

1. That a ..........[type of document].......... is being submitted for filing electronically on behalf of the ..........[indicate party status]........ . A copy of the document being submitted for filing electronically is attached.

2. That the original paper version of the document being submitted for filing electronically appears to bear an original signature of the person identified as the signatory and I have no reason to believe that the signature placed on the document is not the signature of the identified signatory.

3. That the version of the document that is being submitted for filing electronically appears to be a true copy of the original paper version of the document and I have no reason to believe that it is not a true copy of the original paper version.

Dated at ...................., B. C., ....., 20.. .

............................................................................
Counsel/Party


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