The key scope limitation
Section 23.2 of the federal Divorce Act came into force in British Columbia on December 1, 2024. The BC Supreme Court also adopted Rule 20-7 to implement official-language procedures for relevant Divorce Act proceedings. FPD-20 expressly applies to Divorce Act proceedings in which a party chooses French or both official languages.
This does not mean every hearing involving BC provincial family legislation automatically follows the same language-choice process. Identify whether an order is being sought under the Divorce Act and check the rule for your specific proceeding.
What language choice affects
Language choice can affect preparation for conferences and hearings, interpreter arrangements, filings and scheduling. Where parties are using different official languages, early notice helps the court plan an orderly process. The governing rights and the details of how to exercise them should be read in the Divorce Act, Rule 20-7 and FPD-20 together.
Do not confuse the right to use a language with a promise that every registry or hearing can immediately provide a particular arrangement without coordination.
Form F86.1 and updates to a language choice
FPD-20 addresses Form F86.1, Language Change and Confirmation – Official Languages. Unless the court orders otherwise, a party filing the form under Rule 20-7(5) is to file and serve it on the other parties promptly and no later than the time for that party's trial brief under Rule 14-2.1. The direction also addresses advance confirmation of language for court appearances.
Check the entire current Rule 20-7 and FPD-20 before selecting or changing a language, including any earlier conference or scheduling steps that may apply. Deadlines or forms may differ depending on the stage of the case.
Form F86.2: additional time when responding in the other official language
Different from Form F86.1, Form F86.2 (Notice of Extension — Official Languages) concerns extra preparation time. In a Divorce Act proceeding, a person served with a filed document in one official language who intends to file and serve a document in the other official language and requires more time may file an F86.2 requisition under Rule 20-7(8). On filing, the relevant period under the Supreme Court Family Rules is extended by 10 days, or 10 business days if the original period is measured in business days, unless the court orders otherwise. This does not apply simply because someone prefers to use French or English; the cross-language response and filing conditions matter. If you are responding to a petition, see the Form F74 response guide.
Practical preparation checklist
- Confirm that the proceeding seeks relief under the federal Divorce Act.
- Read section 23.2 of the Divorce Act and Supreme Court Family Rule 20-7.
- Identify the party's initial language choice and whether it needs updating.
- Use the current Form F86.1 if the rule requires a change or confirmation.
- File and serve the required document using the timing set by FPD-20 or any court order.
- Notify the registry through the relevant process about upcoming conferences or hearings that will be held in French or bilingually.
- Keep copies of the filed forms and the court's scheduling directions.
Common misunderstandings
- Assuming French-language procedures apply to every kind of family dispute.
- Leaving the language choice until shortly before a hearing.
- Making a request by informal email without complying with Rule 20-7.
- Using an outdated PDF or overlooking an order governing the case.
The existing starting a family case guide explains the separate question of which proceeding to begin.
Related guides
Important: This page is general legal information, not legal advice. Court rules, practice directions, fees and forms can change. Court orders, exceptions and the circumstances of your own case can change the procedure.