O. Reg. 140/15: FAMILY LAW RULES
filed June 10, 2015 under Courts of Justice Act, R.S.O. 1990, c. C.43
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made under the
Courts of Justice Act
Made: April 23, 2015
Approved: May 27, 2015
Filed: June 10, 2015
Published on e-Laws: June 10, 2015
Printed in The Ontario Gazette: June 27, 2015
Amending O. Reg. 114/99
(FAMILY LAW RULES)
1. (1) Clause 6 (2) (c) of Ontario Regulation 114/99 is revoked and the following substituted:
(c) depositing a copy at a document exchange to which the person’s lawyer or, if none, the person belongs;
(c.1) if the person consents or the court orders, using an electronic document exchange;
(2) Clause 6 (2) (e) of the Regulation is revoked and the following substituted:
(e) if the person consents or the court orders, emailing a copy to the person’s lawyer or, if none, to the person.
(3) Subrules 6 (7), (8), (9), (10) and (11) of the Regulation are revoked and the following substituted:
Service By Mail, When Effective
(7) Service of a document by mail is effective on the fifth day after it was mailed.
Service By Courier, When Effective
(8) Service of a document by courier is effective on the day after the day the courier picks it up.
Service by Document Exchange, When Effective
(9) Service of a document by deposit at a document exchange is effective only if the copy deposited and an additional copy of the document are date-stamped by the document exchange in the presence of the person depositing the copy, and then service is effective on the day after the date on the stamp.
Service by Electronic Document Exchange, When Effective
(10) Service of a document through an electronic document exchange is effective only if the electronic document exchange provides a record of service showing the date and time of service, as well as the information listed in subrule (11.4), and then service is effective on,
(a) the date shown on the record of service; or
(b) if the record of service shows that the document was served after 4 p.m., the following day.
Service by Fax or email, When Effective
(11) Service of a document by fax or email is effective on,
(a) the date shown on the first page of the fax or in the email message, as the case may be; or
(b) if the first page of the fax or the email message shows that the document was served after 4 p.m., the following day.
Special Service by leaving copy, when effective
(11.1) Special service of a document under clause (3) (a) or (b) is effective on the day the copy of the document was left in accordance with those clauses or, if the document was left after 4 p.m., the following day.
Special Service by leaving copy and mailing, when effective
(11.2) Special service of a document under clause (3) (d) is effective on the fifth day after it was mailed.
Exception, if effective date is a holiday
(11.3) Despite subrules (7) to (11.2), if the effective date of service under one of those subrules would be a day on which court offices are closed, service is instead effective on the next day on which they are open.
Information to be included in record of service
(11.4) A record of service for service of a document through an electronic document exchange shall, in addition to the date and time of service, include,
(a) the total number of pages served;
(b) the name and email address of the person who served the document;
(c) the name of the person or lawyer who was served; and
(d) the title or a description of the nature of the document.
(4) Clause 6 (12) (a) of the Regulation is amended by striking out “address”.
(5) Subrule 6 (13) of the Regulation is amended by striking out “16” and substituting “20”.
(6) Rule 6 of the Regulation is amended by adding the following subrule:
Information to be Included with Document Served by email
(14.1) Unless the court orders otherwise, the email message to which a document served by email is attached shall include,
(a) the name of the person or lawyer to be served;
(b) the title or a description of the nature of the document;
(c) the date and time of the email; and
(d) the name and telephone number of a person to contact in case of transmission difficulties.
(7) Subrule 6 (19) of the Regulation is amended by striking out “or” at the end of clause (c), by adding “or” at the end of clause (d) and by adding the following clause:
(e) a record of service provided by an electronic document exchange that meets the requirements of this rule.
(8) Rule 6 of the Regulation is amended by adding the following subrule:
Document That was not seen on effective date
(20) The court may, on motion, lengthen a time, set aside the consequences of failing to take a step by a specified time, order an adjournment, or make any other order that is just, if, despite service of a document having been effected on a person in accordance with this rule, the person shows that the document,
(a) did not come to his or her notice; or
(b) came to his or her notice only after the effective date of service.
2. Subrule 25 (13) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:
Service of Order
(13) Unless the court orders otherwise, the person who prepared an order shall serve it,
. . . . .
3. The Table of Forms to the Regulation is amended by striking out,
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6A |
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September 1, 2005 |
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6B |
Affidavit of service |
November 15, 2009 |
and substituting the following:
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6A |
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March 19, 2015 |
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6B |
Affidavit of service |
March 19, 2015 |
4. The Regulation is amended by striking out “electronic mail” wherever it appears in the following provisions and substituting in each case “email”:
1. The definition of “address” in subrule 2 (1).
2. Clause 4 (15) (b).
3. Clause 9 (17) (c).
4. Subrules 26 (11) and (14).
5. Subrules 27 (2) and (7).
6. Clause 29 (8) (b), subrules 29 (27) and (28), clause 29 (29) (b) and subrule 29 (31).
7. Subrules 39 (11), (11.2), (13) and (14).
8. Subrules 40 (5), (5.2), (7) and (8).
9. Subrules 41 (5), (5.2), (7) and (8).
5. The Regulation is amended by striking out “by regular service” wherever it appears in the following provisions:
1. Subrules 8 (6) and (9).
2. Paragraph 2 of subrule 34 (13.2).
3. Clause 37 (20) (c).
4. Clause 38 (5) (a).
Commencement
6. This Regulation comes into force on the day it is filed.
Family Rules Committee:
Le Comité des règles en matière de droit de la famille :
Melanie Chalmers
Counsel, Family Rules Committee
Date made: April 23, 2015.
Pris le : 23 avril 2015.
I approve this Regulation.
J’approuve le présent règlement.
La procureure générale,
Madeleine Meilleur
Attorney General
Date approved: May 27, 2015.
Approuvé le : 27 mai 2015.