How to transmit by fax

Note: If you wish to print a copy of these instructions, please print the PDF version [153KB]

Transmitting documents by fax is simply another – and perhaps more convenient – option for delivering your documents to the court registry. You still need to prepare the necessary documents for the court matter that you are involved in according to the Supreme Court and Provincial Court Rules that apply. You will find these Rules, as well as manuals, forms and procedural guides for filing, on the Court Services Branch Web site. Go to Civil Index and follow the appropriate link(s) (Family, Small Claims, Supreme Court, etc.). Return to this Web site when you are ready to send documents by fax to the registry.

Authority for transmitting by fax
Key points to remember
The prescribed fax cover sheets
Completing the fax cover
Fees
Items in a single fax
Limit on number of pages in each fax
Only one copy is required
Registry telephone and dedicated fax numbers
Keep your copies!
What to expect back from the registry
How to serve documents that have been filed by fax

Authority for transmitting by fax

The procedures for transmitting documents to the registry by fax are relatively straightforward but you need to familiarize yourself with the relevant Court Rules and the relevant Judicial Practice Direction.

If you are transmitting documents to the Supreme Court Registry, review carefully Supreme Court Rule 67 and the Supreme Court Practice Direction. The Rule and Practice Direction will provide you with the information you need to know about the procedures for transmitting documents to this registry by fax.

If you are transmitting documents to the Provincial Court Registry, review carefully the Provincial Court Rules (for Small Claims matters, see Rule 17.1; for Family matters, see Rule 5.1) and the Provincial Court Practice Direction. The Rules and Practice Direction will provide you with the information you need to know about the procedures for transmitting documents to this registry by fax.

Key points to remember:

• A document is filed in a registry when date stamped by the registry and a confirmation is returned to you, not at the time of faxing. You are responsible for ensuring that a document is filed in the registry within the required filing time. It is not advisable to use this service as a last-minute option.
  
  
• Registry staff process documents as soon as practicable. You will not receive immediate confirmation. A confirmation will be sent to you when the documents have been processed.
  
  
• Do not throw out the original documents. Take these original documents, along with the confirmation from the registry, every time you appear before the court on this matter. The judge may ask to see these original documents.

The prescribed fax cover sheets
You must use the appropriate prescribed fax cover sheet when transmitting documents to a registry by fax. Documents faxed to the registry without the appropriate fax cover cannot be accepted for filing.

When transmitting documents to a Supreme Court registry by fax, you must use Form 140 – Supreme Court Rules. [23KB]

When transmitting documents to a Provincial Court registry by fax, you must use Form 20 – Small Claims Rules/Form 32 – Provincial Court (Family) Rules. [48KB] (Both form numbers appear on one and the same form.)

Completing the fax cover
Fill out the appropriate fax cover sheet carefully, making sure that every required field is completed. Consider the following:

• Print legibly to avoid having your documents rejected because they cannot be read.

• Be sure to list all documents you are faxing on the fax cover.

• You are responsible for any risks associated with including your credit card information and other private or personal information in the documents that you fax to the court and that the court may fax back to you. Because of this, you should carefully consider whether you want the registry to respond to you at the fax number you sent the documents from, at a different fax number, or by mail. Be sure to clearly indicate your preference in the area provided for this purpose on the fax cover sheet.
  

• Documents cannot be filed until all applicable registry service fees are paid. Make sure your credit card information is correct and complete. (In Prince George, you also have the option of using your BC OnLine account.)

Fees
There is a registry service fee (or "statutory fee") for filing most civil court documents. You will find information about registry service fees under Small Claim fees and Supreme Court fees.

There is a $10.00 confirmation fee for the registry to process your fax and confirm that your documents have been filed or rejected for filing. This fee does not apply to documents filed in the Provincial Court on Family matters.

Items in a single fax
All items in a fax must relate to a single court file but you can send different documents relating to that file in the same fax.

Limit on number of pages in each fax
You may fax up to 20 letter-sized (8½ x 11 inch) pages (including the fax cover sheet) at one time.

If you are transmitting an affidavit to the Supreme Court by fax, you should note Rule 51(8) provides that exhibits exceeding 5 pages in length do not need to be filed with the affidavit.

In limited situations, you may be able to send more than 20 pages in a single fax if the Court Registrar or, in Provincial Court Family, the Clerk, gives prior permission. You can reach the Court Registrar or Clerk through the registry's main telephone number. See the list of pilot locations.

Only one copy is required
When you send a document to the registry by fax, only one copy needs to be filed even though multiple copies may be required when filing by mail, courier or in person. For example, in Provincial Court Family and Small Claims, you may be filing a document that is in a multi-page carbonless format. In this instance only the first page (or "Court" copy) of the document should be faxed to the registry for filing.

Registry telephone and dedicated fax numbers
Documents transmitted to the registry by fax must be sent to the dedicated fax number for that registry. For the Fax Filing Pilot Project registries, main telephone numbers, and fax filing fax numbers, see the pilot locations.

Keep your copies!
You must keep:

• all of the pages that you fax to the registry,
• all of the pages that come back from the registry, and
• a copy of the transmission report

  (A transmission report can be printed from the fax machine from which the documents were sent. The report will show the fax number the documents were sent to, the number of pages sent, the date of transmission, and whether the transmission was successful.)

If asked, you must be prepared to present these pages in court. You will also need all these pages if you are required to serve documents on another party who is involved in your case. (See "How to serve documents that have been filed by fax.")

What to expect back from the registry
Documents are processed by the registry as soon as practicable. This means that your documents may not be processed immediately upon receipt by the registry and you may not receive confirmation from the registry immediately. If you do not hear back from the registry within three business days, you should call the registry to confirm that your fax was received.

The registry will return the confirmation of filing to the fax number or mailing address you provide on the fax cover sheet. When deciding where to have the confirmation sent, consider whether your documents contain personal information and whether the confirmation will be received in a public or private location. If there is sensitive information in your documents, you may want to provide a return mail address or a fax number different from the sending location to ensure that personal information is received privately.

If you are transmitting documents to the registry from outside North America, you should always provide a return address as the Registrar may choose to send the confirmation by mail.

The confirmation from the registry will tell you if your documents have been filed or if one or more documents have been rejected and the reason for the rejection.

Accepted documents
If your documents are accepted for filing by the registry, you will receive:

• the fax cover sheet with the receipt for the registry service fees (or "statutory fees") and the $10.00 confirmation fee,
• the first page of each document with the registry date stamp showing the date your document was accepted for filing, and
• any other pages the registry altered when processing your documents for filing.

Rejected documents
If one or more documents are not accepted for filing by the registry, you will receive:

• the fax cover sheet with the receipt for the $10.00 confirmation fee, and
• a rejection letter stating the reason for the rejection. Documents may be rejected for a number of reasons including:
  • a document is exempt from the Fax Filing Pilot Project (see What documents you can/cannot fax)
• your payment could not be processed
• a document is not legible, or
• a document is incomplete.

The registry does not keep copies of documents transmitted by fax that have been rejected for filing. To resubmit your documents:

• if resubmitting by fax, make any changes to the documents noted by the registry in the rejection letter and transmit the documents with a new fax cover sheet, or
• if documents have been rejected because they are exempt from the service, resubmit your documents by mail or in person.

How to serve documents that have been filed by fax
Many documents need to be served on other parties involved in your case once they have been accepted for filing. Where this is required the other parties should receive a complete copy of:

• the documents you originally faxed to the registry to be filed,
• the first page of each document with the registry date stamp showing the date your document was accepted for filing, and
• any other pages the registry altered when processing your documents for filing.

Note that there may be other requirements for serving documents in the applicable Court Rules. (Go to "Related links" to link to and review these Rules.) In Small Claims, for example, a blank copy of the reply form must be served along with the notice of claim. In Family Court, a blank reply form must be served with an application to obtain, or to change or cancel an order. It is important to remember that these requirements, which are set out in the Court Rules, still apply.

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