Time calculation
General provisions for calculating time periods in BC are governed by:
- Supreme Court Civil Rules 22-4 (BC Reg. 168/2009)
- Interpretation Act. RSBC 1996 c. 238 sections 25 to 25.5 and 29.
The rules for calculating time may differ across jurisdictions. In BC it is the Supreme Court Rules and the Interpretation Act. Federal legislation is governed by the federal Interpretation Act. Other provinces have equivalent interpretation legislation that governs time computation for their statutory instruments.
Guidelines
Definitions
- Section 29 of the Interpretation Act contains definitions for the following time related terms:
- Calendar year/year
- Holiday
- Month
- Reference day - Section 25(1) of the Interpretation Act defines "reference day"
- Business Day - For the purpose of calculating time under the Supreme Court Civil Rules, a "business day" is defined in Rule 1-1(1)
- Business Day - For the purpose of calculating time under the Supreme Court Family Rules, a "business day" is defined in Rule 1-1(1)
Days included and excluded
- When a time period of less than 7 days is specified, do not count holidays. Sundays are considered to be holidays. Saturdays are not holidays.
- If the act to be done is to be done in a business office (such as the Court Registry), and the time period expires on a day the business is not open, the time is extended to the next day that the business is open.
- When counting "days" (not stated as “clear days”) do not count the first day but do count the last (sections 25.2(2)).
- When calculating time expressed as “clear days”, “at least” or “not less than”, the first and last days are excluded (section 25.2(3)).
- Where a time period expires on a holiday, the deadline moves forward to the next day that is not a holiday (section 25.5).
- Holidays in lieu – when a statutory holiday falls on a weekend, the holiday is usually taken on the following business day, i.e. If New Years Day falls on a Sunday, the holiday is recognized on the Monday. Remember to count statutory holidays in lieu when calculating deadlines.
Counting forward and backwards
A deadline may be before or after a specific reference day and will determine whether you count forwards or backwards to determine your deadline. For example:
- If a document must be filed at least "x" days before trial, you will be counting backwards to reach your deadline. The trial date is your reference day.
- If a document must be filed within "x" days of the service of a document, you will be counting forwards to reach your deadline. The day of service is your reference day.
When it comes to a deadline landing on a holiday, the Interpretation Act has different rules depending on whether you are counting forwards or backwards.
Backwards
- When counting backwards and landing on a holiday, keep counting backwards to the next non-holiday (section 25(3)(b)).
- When the deadline for doing an act in a business office (such as filing in a court registry) falls on a day that is not a regular business day, then the deadline is the previous business day (section 25(4)(b)). So, if given a filing deadline of 10 days before a hearing (reference day) and counting out the days you land on a Sunday, the deadline goes back to the preceding Friday.
Forwards
- When counting forwards and landing on a holiday, keep going forward until you arrive at the next non-holiday (section 25(3)(a)).
- When the deadline for doing an act in a business office (such as filing in a court registry) falls on a day that is not a regular business day, the deadline moves forward to the next day that is a regular business day. So, if given a filing deadline of within 10 days of service and counting out the days you land on a Sunday, the deadline moves forward to Monday.
Months
"month" means a period calculated from a day in one month to a day numerically corresponding to that day in the following month, less one day. Example: October 4th to November 3rd.
- If the reference day is before the period, go forward to the date numerically corresponding to that day in the following month plus one day (one day later). Example: September 22 to October 23.
- If the reference day is after the period, go backward to the date numerically corresponding to that day in the previous month minus one day (one day earlier). Example: October 23 to September 22
The inequality of days in the months is ignored. For example, if a time period is set to end on a day for which there is no calendar number like February 30, the time ends on the last day of that month (section 25.3(3)).
Serving documents
Personal service
A document served personally is deemed served that day if served at or before 4:00 pm on a day that is not a Saturday or holiday. If served after 4:00 pm or on a Saturday or holiday, the document is deemed to be served on the next day that is not a Saturday or holiday. Rule 4-3(7).
Ordinary service
By delivery to address for service - deemed to be served on the same day if delivered to the address for service before 4:00 pm on a day that is not a Saturday or holiday. If delivered after 4:00 pm or on a Saturday or holiday, deemed to be served on the next day that is not a Saturday or holiday. Rule 4-2(3).
By mail – deemed to be served one week later on same day of week as mailing or if that day is a Saturday or holiday, on the next day that is not a Saturday or holiday. Rule 4-2(4).
By email or fax - Service via fax or email is effective on the same day if faxed or emailed before 4:00 p.m., or on the next day that is not a Saturday or statutory holiday if faxed or emailed after 4:00 p.m. Rule 4-2(6).
Fax and email filing
A document filed electronically by fax in a court registry is deemed to be filed on the same day if faxed before 4:00 pm, otherwise it is deemed to be filed on the next day the registry is open for business (Rule 23-2(5)).
Filing deadlines for Trial Certificate and Trial Brief - Civil and Family
Supreme Court Civil rule 12-4 and Supreme Court Family rule 14-5 state that a trial certificate must be filed at least 14 days before the scheduled trial date. The Supreme Court has published information sheets to help with calculating the filing deadline for trial certificates in reference to the Interpretation Act (linked below).
Supreme Court Civil rule 12-1. and Supreme Court Family rule 14-2.1 state that a trial brief must be filed a certain number of days before the scheduled trial date.
The Supreme Court has published information sheets to help with calculating the filing deadline for trial briefs in reference to the Interpretation Act (linked below).
Content reviewed October 23, 2025
- Interpretation Act , RSBC 1996, c.238 – BC Laws
- Supreme Court Civil Rules , BC Reg. 168/2009 - BC Laws
- Supreme Court Family Rules, BC Reg 169/2009 - BC Laws
- British Columbia Practice – on-site at Courthouse Libraries
- Guide to Civil Litigation – on-site at Courthouse Libraries
- Conduct of Civil Litigation in BC – on-site at Courthouse Libraries
- Hansard debate, Third Session, 41st Parliament (2018), Tuesday, April 10, 2018 – Legislative Assembly of British Columbia
- Calculating the Deadline for Filing a Trial Brief in Civil or Family Case
- Calculation the Deadline for Filing a Trial Certificate in a Civil or Family Case
