Family Law Act

On November 14, 2011, BC's Attorney General introduced Bill 16, a bill that proposed fundamental changes family law in BC. The act came into force on March 18, 2013 (BC Reg. 131/2012), replacing the Family Relations Act, RSBC 1996, c. 128. that was first passed in 1978.

The Family Law Act focuses on the safety and best interests of the child when families are going through separation and divorce. It also clarifies parental responsibilities and the division of assets if relationships break down, addresses family violence and encourages families to resolve their disputes out of court

This page was created to answer some common questions.

The Ministry of Justice has published a Table of Concordance that lists which Family Relations Act provisions have been carried forward, in all or in part, into the Family Law Act.

The Family Law Act received Royal Assent on November 24, 2011 but the majority of the act was brought into force on March 18, 2013 by BC Reg. 131/2012. The commencement provisions, listed by section, can be found in section 482 of the Act. You will see from this section that the legislature intended for most of the sections to come into force by regulation of the Lieutenant Governor in Council.

The sections of the Act that came into force upon Royal Assent were:

• repeal of section 90 [obligation to support parent] of the Family Relations Act (via section 258 of the Family Law Act);
• repeal of section 120.1 [property agreements] of the Family Relations Act (via section 258 of the Family Law Act).

Other changes to a number of B.C. acts where brought into force upon Royal Assent in order to update the terms used when discussing spouses to use gender-neutral terms.

• the terms “husband” and “wife” were changed to “spouse” in the Evidence Act, the Family Relations Act, the Industrial Roads Act, the Insurance (Vehicle) Act, the Land (Spouse Protection) Act, the Law and Equity Act, the Marriage Act, the Members' Conflict of Interest Act, the Property Law Act, the Rent Distress Act, the School Act, the Wills Act, and the Workers Compensation Act.
• References to "father" and "mother" are changed to "parent" in the Mental Health Act, the Property Transfer Tax Act, the School Act, and the Workers Compensation Act.
• Other minor amendments less susceptible to generalization are made to the Adoption Act and the Name Act

To stay current on the changes to the Family Law Act, check out our BC Proclamations page or subscribe to our RRS and Email Alert Services.