Does a Protection Order From Another Province Work in British Columbia?

You may have left Alberta, Ontario or another province with a protection order in hand, only to find yourself living in British Columbia. Or the person you fear may have moved here. Either way, the practical question is the same: will BC police and courts treat the order as real?

The answer depends partly on what kind of order you hold. This article explains how civil and criminal orders from elsewhere in Canada are treated in BC, how enforcement works, and when it may make sense to ask a BC court for a new order. Orders made outside Canada are a different question, covered briefly at the end.

This article covers the law of British Columbia.

How BC treats a civil protection order from another province

Under the Enforcement of Canadian Judgments and Decrees Act, a "Canadian civil protection order" is an order made by a court in another province or territory that is similar to an order under s 183 of the Family Law Act. Such an order is treated as a Part 9 order in BC without registration.

You are not required to register it, but you may still choose to do so. Whether registering is useful for you can depend on the wording of your order and your circumstances, so it is worth asking the court registry or a lawyer.

Whether your particular order counts as "similar" to a BC s 183 order depends on what it says. That is one reason to have the order itself in front of you when you ask questions.

Civil orders and criminal orders are not the same

Government guidance draws a line between the two types. Criminal protection orders, such as peace bonds and conditional sentence or probation orders with protective conditions, can be enforced anywhere in Canada. For a civil restraining order from another province, the guidance says an application to a BC court is needed so police can enforce it, and the court registry can help.

How enforcement and the registry work

A police officer who has reasonable and probable grounds to believe someone has contravened a term of a Part 9 order may take action to enforce it. This applies whether or not there is proof the order was served, and the officer may use reasonable force if necessary.

Disobeying a lawful court order without lawful excuse is an offence under Criminal Code s 127(1). It can be prosecuted as an indictable offence with up to two years in prison, or as a summary conviction offence.

BC also has a Protection Order Registry, a confidential database of family law and criminal protection orders. Police can confirm an order's current details by calling a central number at any time of day or night, and can then act to enforce it right away. Court staff usually enter BC orders the same day a judge signs them, so the protected person does not have to request registration.

Anyone named as a protected party on a civil or criminal order can register for victim notification. Orders in the registry must include a no-contact, limited-contact or other protective condition.

What happens if the order conflicts with another family order

Section 189 of the Family Law Act defines "protection order" to include Part 9 orders, Criminal Code no-contact orders and similar out-of-province orders. If a protection order conflicts with another order under the Act, that other order is suspended to the extent of the conflict, until it is varied or the protection order ends.

For example, if a parenting order allows contact that your protection order forbids, the protection order generally wins to that extent. If this applies to you, a lawyer can help you ask the court to change the parenting terms so they fit together properly.

Applying for a new BC order, and what to do next

If your old order is about to expire, or you are unsure how it will be treated, you can apply for a protection order in BC. A court may make one against a family member if it determines that family violence is likely to occur and the other person is an at-risk family member. Dating partners, co-workers and strangers who are not a "family member" under the Act cannot get a Part 9 order, though a criminal peace bond can be used against anyone.

The application may be made by the at-risk family member or by another person on their behalf, and no other family proceeding is needed first. It may be made without notice to the other person. The Supreme Court and the Provincial Court both have jurisdiction under the Act. Unless the court says otherwise, a protection order expires one year after it is made.

Where a BC order is already in place, any application to extend, change or end it must be made before it expires. After expiry, a new application can still be made.

• Find your original order and any related court documents, and keep copies in a safe place.
• Note the court, the date, the expiry date and each condition.
• Contact the BC court registry to ask how your order will be recognized and whether registering makes sense.
• Consider registering for victim notification if you are a named protected party.
• Ask a lawyer whether a new BC application is wise, especially if your order is close to expiring.
• If you are in immediate danger, contact emergency services right away.

If the other person lives outside Canada, or your order came from outside Canada, how a BC court will deal with it is not straightforward. Get legal advice promptly in that situation.

Frequently asked questions