Form 36: Recognizance — Family Maintenance Enforcement Act

When is Form 36 used?

Under Rule 142(2), a party may use Form 35 to seek relief under section 46 of the Family Maintenance Enforcement Act against harassment or unwanted communication involving a creditor, debtor, Director of Maintenance Enforcement or specified associated people. A judge may order a restrained person to enter into a recognizance, with or without sureties or a bond, and to report as directed. The restraining order itself is Form 37; Form 36 records the separate recognizance obligations.

What appears on the recognizance?

1. The court file and BCFMA case identification, along with the judge's earlier restraining-order decision.
2. The restrained person's identity, occupation and address, plus any surety's information.
3. The monetary amount acknowledged, and whether the recognizance requires a deposit or surety.
4. The reporting obligations or other conditions set out by the judge and the circumstances in which the recognizance becomes void.
5. Signatures of the restrained person, any surety and the judge or justice before whom it is acknowledged.

What is a surety, deposit or bond?

A surety is a person who accepts financial responsibility if the recognizance conditions are not met. The official Form 36 warns of possible forfeiture or seizure up to the acknowledged amount for breach of conditions. Do not sign for someone else or treat suretyship as a casual promise. Ask the court or a lawyer to explain the amount and conditions before acknowledging the recognizance.

How does it relate to the restraining order?

The underlying Family Maintenance Enforcement Act restraining order prohibits the specified harassment or communications; it is not interchangeable with a Family Law Act protection order. The judge may require a recognizance and reporting in addition to the restraint. The obligation depends on the terms actually issued by the court, and Form 36 should match those terms.

Worked example

Mistakes to avoid

Do not use Form 36 to start an enforcement application: that is usually Form 35 where Rule 142 applies. Do not use it to change support, to request a criminal peace bond, or to seek a general family violence protection order. Conditions, deposits, and any surety must match the actual judge's directions.