If a Notice of Claim in a BC Provincial Court Small Claims case cannot be served in one of the usual ways, the Small Claims Rules let the claimant ask a registrar for permission to serve it another way. This page lists the documents involved: what is filed, what is served after the order, and how service is proved. It covers civil Small Claims files. Provincial Court family cases use a different procedure.
This is general information about documents and steps, not legal advice. It restates what the Rules, the forms and the Province's own guide say. It does not say which method to ask for, whether an application will succeed, or what to argue.
Who this is for
Claimants, often without a lawyer, who have filed a Notice of Claim in Small Claims court and have not been able to serve the defendant in one of the usual ways. Claims of $5,000 or less usually go to the Civil Resolution Tribunal instead; see the CRT note below.
The short answer
- One form. Form 16, Application to a Registrar (SCL 016), with the box ticked for “permitting another method of service of a Notice of Claim/Notice of Civil Resolution Tribunal Claim.” It is not Form 17, which is an application to a judge.
- To a registrar. The Rules let a claimant apply to a registrar for permission to serve a Notice of Claim another way, and the registrar may also set the time for filing a reply (Rule 18(8)). The Court's order list calls this substitutional service.
- No hearing. A registrar deals with it without notice to the defendant and without a hearing (Rule 16(2)). The registrar may refer it to a judge, who may decide it or require the applicant to appear (Rule 16(4) and (5)).
- No filing fee. Schedule A to the Rules lists no filing fee for Form 16. E-filing through Court Services Online costs $7, and swearing an affidavit at the registry costs $31. Processing times are not published.
Checklist
1. What you file
- Form 16, Application to a Registrar, with the “another method of service” box ticked.
- Form 38, Address for Service (SCL 057), if one is not already on file. The Rules require it with the application (Rule 16(3.1)).
- Supporting evidence, if any. The Rules do not require an affidavit; the facts go on Form 16. The Province's guide says you should already have tried several times to serve in the normal way. Many applicants attach a process server's affidavit of attempted service.
2. What you serve after the order
By the method the order allows:
- the filed Notice of Claim,
- a blank Reply (Form 2),
- the claimant's Address for Service (Form 38),
- a blank Form 38, and
- a copy of the registrar's order, unless the registrar orders otherwise (Rule 18(9)).
If the order sets a different time to reply, the Province's guide says to cross out the 14 days on the Notice of Claim and write in the number of days the registrar ordered.
3. How you prove it
- Certificate of Service, Form 4 (SCL 004F), ticking the option for an alternate method ordered by the Court (Rule 18(14)).
- Or an affidavit of service, which the Court's order list also allows, attaching for example the email or text message sent, or a photo of the documents posted on the door.
What Form 16 asks for, box by box
- Registry file number and location, and the parties: copied from the Notice of Claim.
- From: applicant(s): the name of each person filing the application, and a tick for whether Form 38, Address for Service, is included for filing or previously filed.
- The applicant asks for an order: the box for “permitting another method of service of a Notice of Claim/Notice of Civil Resolution Tribunal Claim.” Other boxes on the list include renewing a claim and permitting service of a claim outside BC.
- Details of the order: the form's note says to give details of the order asked for, for example who is to be served, which documents, and by what method.
- The facts on which this application is based: the facts the applicant wants the registrar to consider. The Province's guide says to be prepared to give details of how you tried to serve and what happened. Applicants often refer to an attached affidavit of attempted service here.
- I certify these facts are true: the applicant signs, prints or types their name.
- Bottom half: left for the registrar, who fills in the date and the order made. The form notes that a copy of the order is then served on all parties unless a judge, justice or registrar orders otherwise.
Methods and timing
- Without an order, a Notice of Claim cannot be served by email (Rule 18(12)(c)). The Court's order list includes orders for service by email, text message, Facebook Messenger, posting on the door, leaving with an adult (19 or older), notice in a newspaper, and fax.
- A Notice of Claim expires 12 months after filing if it is not served (Rule 2(7)). Renewal is also asked for on Form 16, ticking “renewing a claim,” and the application is made before the claim expires.
- A Notice of Civil Resolution Tribunal Claim has a much shorter life: 28 days (Rule 1.1(17)). Rule 18(8.1) allows the same application for another method of service.
Civil Resolution Tribunal (claims up to $5,000)
Claims of $5,000 or less usually go to the Civil Resolution Tribunal, not to Small Claims court, and the CRT has its own process. There is no PDF form; it is done online through your CRT account.
- The CRT Rules give 90 days from the Dispute Notice to serve it (Rule 2.3).
- If service is difficult, a Request for Directions on Service is filed online before that deadline. The CRT considers it only after the approved methods have been tried, or the applicant explains why one cannot be used (Rule 2.9).
- A Request for Extension to Serve also exists. Proof of Service is due within 10 days of serving.
What we provide
An affidavit of attempted service. We prepare a sworn record of each attempt: the date, time and address, what the server saw, and who they spoke to. Many applicants attach it to Form 16 as supporting evidence.
Service under the order. Once you have the registrar's order, send it to us with the documents. We serve them by the method the order allows and complete the proof of service.
Official forms and sources
- Form 16, Application to a Registrar (SCL 016)
- Form 38, Address for Service (SCL 057) · Form 2, Reply (SCL 002)
- Form 4, Certificate of Service (SCL 004F) · Affidavit (SCL 848)
- All Small Claims forms · Province of BC: serving documents in Small Claims
- Provincial Court: Small Claims Orders Picklist
- Small Claims Rules, B.C. Reg. 261/93: Rules 1 to 5 · Rules 16 to 22
- Civil Resolution Tribunal
For how a Notice of Claim is served in the usual ways, see Small Claims service in BC.
Questions
What form is used to ask for alternative service in BC Small Claims?
Form 16, Application to a Registrar, with the box ticked for permitting another method of service of a Notice of Claim. Under Rule 16(2) a registrar deals with it without notice to the defendant and without a hearing. It is not Form 17, which is an application to a judge.
Is an affidavit required for a Small Claims alternative service application?
The Small Claims Rules do not require one. The facts go on Form 16 and the applicant certifies they are true. Many applicants attach a process server's affidavit of attempted service as supporting evidence.
What is served after the registrar's order?
The Notice of Claim, a blank Reply (Form 2), the claimant's Address for Service, a blank Form 38, and a copy of the registrar's order unless the registrar orders otherwise (Rule 18(9)), all by the method the order allows.
Can a Small Claims Notice of Claim be served by email in BC?
Not without an order (Rule 18(12)(c)). A registrar's order can allow other methods, and the Court's order list includes email, text message, Facebook Messenger and posting on the door.
Okanagan Process Servers is a process serving company, not a law firm, and does not give legal or procedural advice. This guide restates publicly available information from the sources on the references page. Rules, forms and time limits change; confirm the current requirement with the registry, the Residential Tenancy Branch or your lawyer.