Canada · British Columbia Court of Appeal
When must a BC appeal record be filed and served?
The appellant must file and serve the appeal record not more than 60 days after filing the notice of appeal. If leave is required, the sixty days instead run after leave is granted.
- Period
- 60 days after the established event, subject to the stated branch
- Trigger
- Filing the notice of appeal, or granting leave if leave is required
- Rule
- BC Court of Appeal Rules, BC Reg 120/2022, r 23
Court of Appeal Rules consolidation current to October 6, 2026, last amended April 7, 2026 by BC Reg 56/2026. Court of Appeal Act and Interpretation Act consolidations current to September 22, 2026. Official directive compilation acquired October 8, 2026 UTC, including Registrar’s Filing Directive effective September 4, 2025. Later changes, enactment-specific periods and actual directions require separate checking.
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When must a BC appeal record be filed and served?
The appellant must file and serve the appeal record not more than 60 days after filing the notice of appeal. If leave is required, the sixty days instead run after leave is granted.
Responsible actor. The appellant preparing the appeal record.
Establish the leave branch before choosing the record trigger. The record clock concerns a filed notice in an appeal without leave, and an actual leave grant where leave is required.
Leave is required and granted after the notice was filed. Rule 23(1)(b) chooses the actual grant date. The notice filing does not control the ordinary sixty-day record period in this branch.
Establish the leave branch before choosing the record trigger. The record clock concerns a filed notice in an appeal without leave, and an actual leave grant where leave is required.
BC Court of Appeal Rules, BC Reg 120/2022, r 23How does this provision count time?
- The appellant preparing the appeal record first identifies the operative event named in r 23.
- Count sixty calendar days after the notice filing, unless required leave makes the grant the Rule 23 event. The earlier date on which leave was requested is not its grant. Interpretation Act section 25.2(2)(a) excludes the event day.
- The party checks the actual granted order and the required filing or service evidence before relying on the ordinary appeal record branch.
Count sixty calendar days after the notice filing, unless required leave makes the grant the Rule 23 event. The earlier date on which leave was requested is not its grant. Interpretation Act section 25.2(2)(a) excludes the event day.
For appeal record, Rule 2 extends a time for doing the act that falls or expires on a nonbusiness day to the next business day, using the actual registry-opening definition and registrar directions in Rules 1 and 83. Verify an unusual local closure separately.
BC Court of Appeal Rules, BC Reg 120/2022, r 23What do independently checked examples show?
Fictitious example
Filing the notice of appeal, or granting leave if leave is required is established as Monday, July 6, 2026. The ordinary appeal record branch applies. Fictitious qualifying facts. The final registry day is open, both required acts are completed by their effective boundary, no other enactment or direction changes the period, and no extension is inferred.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Filing the notice of appeal, or granting leave if leave is required is established as Monday, July 6, 2026. The ordinary appeal record branch applies. Fictitious qualifying facts. The final registry day is open, both required acts are completed by their effective boundary, no other enactment or direction changes the period, and no extension is inferred. The event day is excluded. The 60 calendar-day count ends on Friday, September 4, 2026, an assumed registry-open day with no different order. | Friday, September 4, 2026 |
| Example 2. Closed-day boundary | Filing the notice of appeal, or granting leave if leave is required is established as Tuesday, July 7, 2026. The raw 60th day is a nonbusiness day, Saturday, September 5, 2026. Fictitious qualifying facts. The final registry day is open, both required acts are completed by their effective boundary, no other enactment or direction changes the period, and no extension is inferred. All intermediate calendar days count. Rule 2 moves the nonbusiness final day to Tuesday, September 8, 2026, assuming that registry is open and no different direction applies. | Tuesday, September 8, 2026 |
| Example 3. Material procedural branch | Required leave is actually granted on Monday, October 19, 2026, after an earlier notice filing. The leave-required appeal record branch applies. Fictitious qualifying facts. The final registry day is open, both required acts are completed by their effective boundary, no other enactment or direction changes the period, and no extension is inferred. Rule 23 uses the actual leave grant in this branch. Count 60 calendar days from the following day, then apply Rule 2 if necessary. | Friday, December 18, 2026 |
Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.
Try these dates in the calculatorWhich conditions and exceptions apply?
- When is the appeal record due without a leave requirement?
- Rule 23(1)(a) requires the appellant to file and serve it not more than sixty days after filing the notice of appeal.
- Does serving the notice of appeal start the record period?
- Rule 23 names filing the notice, or the grant of leave in the leave-required branch. It does not name service of the notice as the record trigger.
- Must the appeal record be served as well as filed?
- Yes. Rule 23(1) requires both acts. Rule 3 ordinarily requires service of the filed version, so retain filing and service evidence separately.
- Actual filing and effective service for appeal record
- Appeal record requires identifying accepted filing and effective service separately. Rule 83 applies a 4 p.m. filing boundary, and Rule 4(3) applies the email or fax service boundary.
- Establish the leave branch before choosing the record trigger. The record clock concerns a filed notice in an appeal without leave, and an actual leave grant where leave is required.
- The appeal record and book of transcripts have parallel sixty-day periods. Filing the appeal record separately starts the appellant’s thirty-day factum clock.
What must the responsible actor complete?
Questions about this procedure
When must a BC appeal record be filed and served?
When is the appeal record due without a leave requirement?
Rule 23(1)(a) requires the appellant to file and serve it not more than sixty days after filing the notice of appeal.
BC Court of Appeal Rules, BC Reg 120/2022, r 23(1)(a)When does the record period begin if leave is required?
Rule 23(1)(b) uses the date leave to appeal is granted. Establish an actual grant, rather than a pending application or anticipated hearing outcome.
BC Court of Appeal Rules, BC Reg 120/2022, r 23(1)(b)Does serving the notice of appeal start the record period?
Rule 23 names filing the notice, or the grant of leave in the leave-required branch. It does not name service of the notice as the record trigger.
BC Court of Appeal Rules, BC Reg 120/2022, r 23(1)Must the appeal record be served as well as filed?
Yes. Rule 23(1) requires both acts. Rule 3 ordinarily requires service of the filed version, so retain filing and service evidence separately.
BC Court of Appeal Rules, BC Reg 120/2022, rr 3 and 23(1)What later deadline starts when the appeal record is filed?
The appellant must file and serve its factum not more than thirty days after filing the appeal record under Rule 25(1).
BC Court of Appeal Rules, BC Reg 120/2022, r 25(1)Can the registrar settle disputed record contents?
Rule 28 allows an application to settle the appeal record, transcript or appeal book, including directions adding or removing materials. That procedure does not automatically reset Rule 23.
BC Court of Appeal Rules, BC Reg 120/2022, r 28Official sources and review
Provisions used (15)
| Provision | Purpose |
|---|---|
| BC Court of Appeal Rules, BC Reg 120/2022, r 23 | Check the identified procedure, event, counting rule or qualification |
| Interpretation Act, RSBC 1996, c 238, s 25.2 | Check the identified procedure, event, counting rule or qualification |
| BC Court of Appeal Rules, BC Reg 120/2022, r 2 | Check the identified procedure, event, counting rule or qualification |
| BC Court of Appeal Rules, BC Reg 120/2022, r 3 | Check the identified procedure, event, counting rule or qualification |
| BC Court of Appeal Rules, BC Reg 120/2022, r 4(3) | Check the identified procedure, event, counting rule or qualification |
| BC Court of Appeal Rules, BC Reg 120/2022, r 83 | Check the identified procedure, event, counting rule or qualification |
| Court of Appeal Act, SBC 2021, c 6, s 32 | Check the identified procedure, event, counting rule or qualification |
| Registrar’s Filing Directive, September 4, 2025, sections 2–4 and 7.1 | Check the identified procedure, event, counting rule or qualification |
| BC Court of Appeal Rules, BC Reg 120/2022, r 25(1) | Check the identified procedure, event, counting rule or qualification |
| BC Court of Appeal Rules, BC Reg 120/2022, r 28 | Check the identified procedure, event, counting rule or qualification |
| BC Court of Appeal Rules, BC Reg 120/2022, r 23(1)(a) | Check the identified procedure, event, counting rule or qualification |
| BC Court of Appeal Rules, BC Reg 120/2022, r 23(1) | Check the identified procedure, event, counting rule or qualification |
| BC Court of Appeal Rules, BC Reg 120/2022, rr 3 and 23(1) | Check the identified procedure, event, counting rule or qualification |
| BC Court of Appeal Rules, BC Reg 120/2022, rr 4(3) and 83(3) | Check the identified procedure, event, counting rule or qualification |
| BC Court of Appeal Rules, BC Reg 120/2022, r 23(1)(b) | Check the identified procedure, event, counting rule or qualification |