BC Guardianship Background Checks: The 60-Day Rule and How to Get All Three Done

Why Three Separate Checks

BC law requires anyone applying for guardianship under Section 51 of the Family Law Act to submit three distinct background check results as exhibits to their Guardianship Affidavit (Form 5 in Provincial Court, Form F101 in Supreme Court). Each check searches a different database, and together they give the court a comprehensive picture of whether the applicant's home is safe for a child.

No shortcuts exist. Even if the parents consent to you becoming guardian, the background checks are still mandatory. A judge will not sign a consent order without reviewing all three.

The Three Checks

1. Police Criminal Record Check

Where to get it: Your local RCMP detachment or municipal police service (Vancouver Police, Victoria Police, etc.).

What it covers: A search of the police database for criminal convictions, outstanding charges, and in some cases a Vulnerable Sector Screen. If your date of birth matches someone in the system, you may need to provide fingerprints.

Check current fees and processing times with your local police service.

2. MCFD Child Protection Record Check

Where to get it: Complete the Consent for Child Protection Record Check form and submit it to the Ministry of Children and Family Development.

What it covers: MCFD searches its Integrated Case Management system for any prior child protection investigations, reports, or intervention histories involving you.

Processing time: This is the slowest of the three. Several weeks is normal, and during busy periods it can take longer. This is the bottleneck in the entire application — submit it first.

3. Protection Order Registry (POR) Check

Where to get it: Request it through the provincial Protection Order Registry.

What it covers: Whether you're subject to any active protection orders, restraining orders, or peace bonds under the Family Law Act or the Criminal Code.

Check current fees and processing times with the Protection Order Registry.

The 60-Day Rule

All three completed checks must be dated no more than 60 days before the date you file your Guardianship Affidavit at the court registry. A check that's 61 days old is invalid, and you'd have to start that check over from scratch.

This creates a coordination problem. If you request the police check early and it comes back fast, but the MCFD check takes five weeks, your police check might be close to expiring by the time you're ready to file. And you can't file until all three are in hand.

The Timing Strategy

Submit the MCFD request first because it can take several weeks. Time the police and Protection Order Registry requests so all three checks are dated within 60 days before you file.

While you wait, prepare everything else: draft your Form 3, write the narrative portions of Form 5, complete the PAS course if required, and identify how you'll serve the respondent parents.

The filing window runs from the date of the oldest check. Once all three arrive, make sure you can file the affidavit before that check is more than 60 days old.

Don't swear the affidavit until the checks are in hand and you're ready to file within a few days. Swearing early eats into your remaining time for no reason.

Household Members

If any other adult aged 19 or older lives in your home, the Guardianship Affidavit must include their background-screening details.

What Happens If a Check Comes Back Flagged

If you expect a record to appear on one of these checks, consider asking Legal Aid BC or a family lawyer how to address it in your application before filing.

The BC Guardianship Court Process Guide includes a background check synchronization tracker that maps out the timing from request to filing, helping you avoid the expired-check cycle that stalls so many applications.

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