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In This Volume

1 (1) In this Act:

  • “annual default fee” means the fee prescribed under section 51 for purposes of section 14.4;
  • “attachee” means a person required or directed to pay under a notice of attachment or attachment order;
  • “attachment order” means an order made under section 24;
  • “court” means,
  • (a) in sections 3(1) and (2), 9, 10, 12.1(4), 13 to 24, 26(1), (10), (12) and (13), 29.2(2), 30.1, 31, 32, 36(2), 39, 40, 45(c), 46, 47(2) and (3), 49(1)(b) and 51(2)(c), the Supreme Court or the Provincial Court,
  • (b) in sections 29 and 30, the Supreme Court, and
  • (c) in section 27(1) and (2), the Provincial Court;
  • “creditor”
  • (a) in relation to a maintenance order, except one referred to in paragraph (b), means the person, guardian or stepparent entitled under the order to receive maintenance for himself or herself or another person, and, in the following provisions of this Act, includes any minister to whom the order is assigned, or deemed to have been assigned, under the Employment and Assistance Act or the Employment and Assistance for Persons with Disabilities Act:
    • (i) Repealed [2015-33-1]
    • (ii) section 10(1)(a)(ii);
    • (iii) section 11(1) and (2);
    • (iv) section 28(2) and (4), and
  • (b) in relation to a maintenance order requiring a parent, guardian or stepparent to contribute to the maintenance of a child who is in the care of a director under the Child, Family and Community Service Act, means that director;
  • “debtor” means a person required under a maintenance order to pay maintenance;
  • “default hearing” means a hearing referred to in section 19;
  • “director” means the person designated under section 2(1) as the Director of Maintenance Enforcement and, in relation to a power, duty or function that the director has under section 2(2) delegated to another person, service, agency or body, includes that other person, service, agency or body;
  • “Divorce Act” means the Divorce Act (Canada) or an Act repealed by that Act;
  • “family law arbitration award” means an award respecting a family law dispute that is made under the Arbitration Act and filed in a Supreme Court or Provincial Court registry;
  • “maintenance” means maintenance, support or alimony, whether payable
  • (a) periodically, annually or otherwise,
  • (b) for an indefinite or limited period or until the happening of a specified event, or
  • (c) as a lump sum,
  • and includes
  • (d) expenses arising from and incidental to
    • (i) the prenatal care of the mother or child, or
    • (ii) the birth of a child,
  • (d.1) the cost of tests for paternity,
  • (e) an amount payable under section 14(1)(b) or 22(2)(a),
  • (f) fixed costs awarded under the regulations in favour of the director or a creditor,
  • (g) taxed costs awarded in relation to anything that comes within this definition,
  • (h) prescribed fees or expenses,
  • (i) interest that is or may be imposed under section 11.1, and
  • (j) any annual default fee that is imposed under section 14.4;
  • “maintenance order” means a provision for the payment of maintenance in an order, judgment or family law arbitration award that is enforceable in British Columbia and includes
  • (a) an interim order, made under the Family Law Act, respecting support,
  • (b) an order made under section 21,
  • (c) an agreement deemed to be a maintenance order under subsection (2), and
  • (d) an order that is a support order under the Interjurisdictional Support Orders Act,
  • but does not include a provisional order or a provisional variation order, as defined in section 1(1) of the Interjurisdictional Support Orders Act;
  • “notice of attachment” means a notice of attachment issued under section 15;
  • “reciprocating jurisdiction” means a reciprocating jurisdiction as defined in section 1(1) of the Interjurisdictional Support Orders Act;
  • “searchable information” means searchable information, including personal information, as described in section 8;
  • “spouse” means a person
  • (a) who is married to a debtor, or
  • (b) is living with a debtor in a marriage-like relationship.
  • (1.1) For the purposes of this Act, a maintenance order is considered to be assigned to the minister under the Employment and Assistance Act or the Employment and Assistance for Persons with Disabilities Act during the period
  • (a) beginning on the date the right to receive payment under the order or the right to file the maintenance order under this Act is assigned to that minister, and
  • (b) ending on the date the assignment terminates.
  • (1.2) While a maintenance order is assigned to a minister referred to in subsection (1.1), that minister is deemed for the purposes of this Act to be a party to the maintenance order.
  • (2) For the purposes of this Act, the following are deemed to be maintenance orders made by the Provincial Court:
  • (a) an agreement that, under section 148 or 163 of the Family Law Act, is enforceable under this Act and contains a provision respecting maintenance;
  • (b) an agreement made or deemed to have been made under section 97 of the Child, Family and Community Service Act;
  • (c) an agreement that was entered into under section 20 of the Child Paternity and Support Act, R.S.B.C. 1979, c. 49, and that contains a provision respecting maintenance.

1988-3-1; 1988-36-11; 1989-30-13; 1989-72-4; 1992-41-9, effective October 15, 1992 (B.C. Reg. 369/92); 1994-27-128, effective January 29, 1996 (B.C. Reg. 441/95); 1994-36-1, part effective April 10, 1995 (B.C. Reg. 160/95), part effective January 1, 1997 (B.C. Reg. 358/96); 1996-6-36, effective October 7, 1996 (B.C. Reg. 272/96); R.S.B.C. 1996 (Supp.)-127-1(b); 1997-15-6 & 7, effective September 15, 1997 (B.C. Reg. 297/97); 1997-19-1, effective September 15, 1997 (B.C. Reg. 320/97); 2002-29-47, effective January 31, 2003 (B.C. Reg. 15/2003); 2002-40-60, effective September 30, 2002 (B.C. Reg. 263/2002); 2002-41-43, effective September 30, 2002 (B.C. Reg. 263/2002); 2003-96-19, effective July 23, 2004 (B.C. Reg. 362/2004); 2007-14-14, effective October 1, 2007 (B.C. Reg. 293/2007); 2011-25-341, 342 and 343, effective March 18, 2013 (B.C. Reg. 131/2012); 2015-6-17; 2015-33-1.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Enforcement of Orders under the Child, Family and Community Service Act

See s. 97 of the Child, Family and Community Service Act, R.S.B.C. 1996, c. 46, which provides that agreements and orders for contribution made under that section may be enforced, changed, or cancelled in the same manner and on the same basis as an order respecting child support made under the Family Law Act.