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In This Volume

  • 26 (1) A notice of maintenance order may be registered in a land title office in the same manner as a charge is registered, and the maintenance order to which the notice relates is deemed for the purposes of Part 5 of the Court Order Enforcement Act to be a judgment as defined in section 81 of that Act if an application is made under this section for the registration and the application is accompanied by the notice of maintenance order.
  • (1.1) The notice of maintenance order referred to in subsection (1) must include
  • (a) the full name and last known address of each person who is a party to the maintenance order,
  • (b) the date of the maintenance order,
  • (c) the court file number and court registry location, if any, associated with the maintenance order, and
  • (d) a description of the land against which the maintenance order is to be registered.
  • (2) The creditor may apply for registration of a notice of maintenance order unless the maintenance order to which the notice relates is filed with the director.
  • (3) With the consent of the creditor, the director may apply for registration of a notice of maintenance order if the maintenance order to which the notice relates is filed with the director.
  • (4) The creditor’s consent is not required for an application under subsection (3) if the debtor has at any time defaulted in a payment required under the maintenance order.
  • (4.1) If a notice of maintenance order is registered under this section and the maintenance order to which the notice relates is varied, a notice of maintenance order in respect of the varied maintenance order is deemed to be registered and has the same priority as the registered notice of maintenance order.
  • (5) Sections 83(1), 95 and 111 of the Court Order Enforcement Act do not apply in respect of a notice of maintenance order registered under this section.
  • (6) If a notice of maintenance order is registered on application by the director, the registrar of titles must note that fact in the register.
  • (7) Despite the Land Title Act but subject to subsections (10) and (11) of this section, the registrar of titles must not register the discharge or postponement of a notice of maintenance order that is registered under this section unless the discharge or postponement is signed
  • (a) by the creditor, if the creditor applied for registration of the notice, or
  • (b) by the director, if the director applied for registration of the notice.
  • (8) Before signing a discharge or postponement of a notice of maintenance order under subsection (7), the director must send by ordinary mail to the creditor a notice of the director’s intention to sign the discharge or postponement.
  • (9) The inability of the director, after reasonable effort, to notify the creditor of the director’s intention to sign the discharge or postponement of a notice of maintenance order does not render the discharge or postponement ineffective.
  • (10) On application by
  • (a) the person against whose land a notice of maintenance order is registered, or
  • (b) the creditor, if the director refuses to sign a discharge or postponement of a registered notice,
  • the court may make an order discharging or partially discharging the registered notice or an order postponing the registered notice to allow the registration of a charge.
  • (11) If a notice of maintenance order is registered under this section against land charged under section 170(d) of the Family Law Act, the registrar of titles must not register the discharge or postponement of the registered notice without an order under subsection (10).
  • (12) The court may, in an order made under subsection (10), impose any conditions as to security or otherwise it considers necessary and reasonable.
  • (13) An order must not be made under subsection (10) unless notice has been given to any person in the manner, including service by mail or by public advertisement, that the court requires.

1988-3-23; 1994-36-21, effective April 10, 1995 (B.C. Reg. 160/95); 1997-19-10, effective September 15, 1997 (B.C. Reg. 320/97); 2007-14-21, effective October 1, 2007 (B.C. Reg. 293/2007); 2011-5-20; 2011-25-348, effective March 18, 2013 (B.C. Reg. 131/2012); 2018-14-1, effective January 1, 2019 (B.C. Reg. 277/2018).

PRACTICE

Application

The director has approved the use of Form 42 Notice of Maintenance Order—Family Maintenance Enforcement Act. The use of this form is compulsory. Under the Land Title Act, an applicant who applies for registration in the land title office must attach the Form 42—Notice of Maintenance Order to a Form 17.

Submissions

On the Form 17 Charge, Notation or Filing, select Nature of Interest, Notice of Maintenance Order and attach an image of the Form 42.

Registered Maintenance Order Is Non-Expiring

Under s. 26(5) of the Act, a registered notice of maintenance order is non-expiring. Therefore, once the registrar registers a notice of maintenance order, it is effective until discharged.

Discharge or Postponement of Maintenance Order

The registrar does not register a discharge or postponement of a notice of maintenance order registered under s. 26 unless

  1. the creditor signs it, if the creditor was the original applicant (s. 26(7)(a));
  2. the Director of Maintenance Enforcement signs it, if the director was the original applicant (s. 26(7)(b)); or
  3. a court orders the discharge or partial discharge of the registered notice of maintenance order, or the postponement of the registered notice of maintenance order to allow registration of a charge (s. 26(10) and (11)).

Registration of Court Order

Any interested person may apply to discharge the registered notice of maintenance order by registering a certified copy of the court order under s. 26(11) in Form 17 under the Land Title Act.

Submissions

Cancellations

For cancellations pursuant to s. 26(7), on the Form C Release select Nature of Interest, Notice of Maintenance Order from the drop-down menu.

Registration of Court Order Cancellation

For cancellations pursuant to s. 26(10), on the Form 17 Cancellation of Charge, Notation or Filing, select Nature of Interest, Notice of Maintenance Order (Court Order), and attach an image of the court certified copy of the court order.

Registration of Court Order Postponement

For postponements pursuant to s. 26(10), on the Form 17 Charge, Notation or Filing, select Nature of Interest, Postponement Agreement (Court Order) and attach an image of the court certified copy of the court order.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Delegation by Director of Maintenance Enforcement

Under s. 2 of the Act, the Director of Maintenance Enforcement may delegate any of the director’s powers, duties, or functions to any other person, service, agency or body. Accordingly, the director’s authority to apply to register notices of maintenance orders may be delegated.

Notice to Owner under Section 89 of the Court Order Enforcement Act

The registrar must comply with the notice to owner requirements under s. 89 of the Court Order Enforcement Act.