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O. Reg. 535/18: FAMILY LAW RULES

filed December 21, 2018 under Courts of Justice Act, R.S.O. 1990, c. C.43

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ontario regulation 535/18

made under the

Courts of Justice Act

Made: December 3, 2018
Approved: December 20, 2018
Filed: December 21, 2018
Published on e-Laws: December 21, 2018
Printed in The Ontario Gazette: January 5, 2019

Amending O. Reg. 114/99

(FAMILY LAW RULES)

1. The French version of subrule 7 (4) of the Ontario Regulation 114/99 is amended, in the portion before paragraph 1, by,

(a) striking out “le père ou la mère de l’enfant” and substituting “tout parent”; and

(b) striking out “d’un père ou d’une mère de famille d’accueil visés” and substituting “d’un parent de famille d’accueil visé”.

2. The French version of clause 8 (6) (a) of the Regulation is amended by striking out “un père ou une mère de famille d’accueil” at the beginning and substituting “un parent de famille d’accueil”.

3. The French version of subrule 10 (2.1) of the Regulation is amended by striking out “du père ou de la mère” in the portion before clause (a) and substituting “d’un parent”.

4. Paragraph 2 of subrule 15 (21) of the Regulation is revoked and the following substituted:

2. Section 5 (spouse in place of a parent).

5. (1) Rule 17 of the Regulation is amended by adding the following subrules:

additional Requirements, trial in Superior Court of Justice, Family Court of the Superior Court of Justice

(11) In addition to the requirements of subrule (10), unless the court orders otherwise in advance, a case in the Superior Court of Justice or the Family Court of the Superior Court of Justice shall not be scheduled for trial until the trial scheduling endorsement form referred to in clause (8) (a.1) has been completed by the parties and endorsed by the court.

Same, Exceptional Circumstances

(11.1) An order under subrule (11) may only be made in exceptional circumstances.

Same, exceptions

(11.2) Subrule (11) does not apply with respect to any of the following cases, unless an order under clause (8) (a.1) requires the filing of the trial scheduling endorsement form in the case:

1. A child protection case.

2. A case to be scheduled for an uncontested trial.

3. A case referred to in subrule (12).

(2) Subrule 17 (13) of the Regulation is revoked and the following substituted:

Parties to Serve Documents For Conference

(13) Each party shall, within the times required under subrule (13.1), serve and file the following documents for the purposes of a conference:

1. For a case conference, a case conference brief (Form 17A or 17B).

2. For a settlement conference, a settlement conference brief (Form 17C or 17D).

3. For a trial management conference held in the Ontario Court of Justice, a trial management conference brief (Form 17E).

4. For a trial management conference held in the Superior Court of Justice or the Family Court of the Superior Court of Justice, the following documents, subject to paragraph 5:

i. The trial scheduling endorsement form referred to in clause (8) (a.1), completed by the parties and endorsed by the court, if it has not already been filed.

ii. An offer to settle all outstanding claims in the case.

iii. An outline of the party’s opening statement.

5. For a trial management conference held in the Superior Court of Justice or the Family Court of the Superior Court of Justice in relation to a case to which subrule (11) does not apply by virtue of subrule (11.2), a trial management conference brief (Form 17E).

(3) Subrule 17 (13.1) of the Regulation is amended by striking out “a brief” and substituting “the documents required to be filed for the conference under subrule (13)”.

(4) Subrule 17 (18) of the Regulation is amended by striking out “a required brief” and substituting “the required documents”.

6. Subrule 23 (1) of the Regulation is amended by adding the following paragraph:

9. Any trial scheduling endorsement form completed by the parties and endorsed by the court.

7. The French version of paragraph 2 of subrule 25 (15) of the Regulation is amended by striking out “Le père ou la mère de famille d’accueil” at the beginning and substituting  “Le parent de famille d’accueil”.

8. (1) The French version of paragraph 3 of subrule 34 (4) of the Regulation is amended by striking out “du père ou de la mère de l’enfant” and substituting “du parent de l’enfant”.

(2) Paragraph 6 of subrule 34 (4) of the Regulation is amended by striking out “parent” and substituting “applicant”.

(3) The French version of paragraph 3 of subrule 34 (7) of the Regulation is amended by,

(a) striking out “chaque père et mère” and substituting “chaque parent”; and

(b) striking out “du père ou de la mère” and substituting “d’un parent”.

(4) The French version of subrule 34 (8) of the Regulation is amended by,

(a) striking out “parent” and substituting “membre de la parenté”; and

(b) striking out “du père ou de la mère” and substituting “du parent”.

(5) The French version of subrule 34 (9) of the Regulation is amended by striking out the portion before clause (a) and substituting the following :

(9) La requête d’un membre de la parenté de l’enfant ou du conjoint du parent de l’enfant :

. . . . .

(6) The French version of subrule 34 (10) of the Regulation is amended by striking out “du père ou de la mère” wherever it appears and substituting in each case “du parent”.

(7) The French version of subrule 34 (11.1) of the Regulation is amended by striking out “le père ou la mère” and substituting “un parent”.

(8) The French version of subrule 34 (12) of the Regulation is amended by striking out “le père ou la mère” and substituting “un parent”.

(9) The French version of subrule 34 (13.1) of the Regulation is amended by striking out “Le père ou la mère” at the beginning and substituting “Le parent”.

(10) The French versions of paragraphs 1 and 2 of subrule 34 (13.1) of the Regulation is amended by striking out “le père ou la mère” wherever it appears and substituting in each case “le parent”.

(11) The French version of paragraph 3 of subrule 34 (13.1) of the Regulation is revoked and the following substituted:

3. Si un membre de la parenté de l’enfant ou le conjoint d’un parent se propose de présenter une requête en vue d’adopter l’enfant, le parent qui désire retirer son consentement veille à ce que le membre de la parenté ou le conjoint reçoive l’avis de retrait écrit au plus tard 21 jours après que le consentement a été donné.

(12) The French version of paragraph 2 of subrule 34 (13.2) of the Regulation is amended by striking out “au parent” and substituting “au membre de la parenté”.

(13) The French version of subrule 34 (16) of the Regulation is amended by striking out “du père ou de la mère” in the portion before clause (a) and substituting “d’un parent”.

(14) The French version of clause 34 (16) (a) of the Regulation is amended by striking out “le père ou la mère” and substituting “un parent”.

9. (1) The French version of subrule 35.1 (3) of the Regulation is amended by striking out “n’est ni le père ni la mère” in the portion before clause (a) and substituting “n’est pas un parent”.

(2) The French version of subrule 35.1 (8) of the Regulation is amended by striking out “n’est ni le père ni la mère” and substituting “n’est pas un parent”.

10. (1) Rule 36 of the Regulation is amended by adding the following subrule:

Electronic filing of application

(6.0.1) Subject to subrule (6.2), an application under clause (1) (a) may be filed electronically and, if they are filed together with the application, the following documents may also be filed electronically:

1. A marriage certificate or marriage registration certificate, unless it was issued outside Canada and not in electronic format.

2. Subject to paragraph 1 of subrule (6.3), any other document the party intends to file with the application, provided that it may be filed using the authorized software.

(2) Subrule 36 (6.1) of the Regulation is amended by striking out “subrule (6.2)” in the portion before paragraph 1 and substituting “subrules (6.2) and (6.2.1)”.

(3) Subrule 36 (6.1) of the Regulation is amended by adding the following paragraph:

4.1 If the divorce order is to contain an order respecting a property claim or a claim for exclusive possession of the matrimonial home and its contents, the financial statements (Form 13.1) required by rule 13, if any.

(4) Subparagraph 4 iii of subrule 36 (6.1) of the Regulation is amended by adding “or 13.1” after “Form 13”.

(5) Subrules 36 (6.2) and (6.3) of the Regulation are revoked and the following substituted:

Where Electronic filing not available

(6.2) An application may not be filed electronically under subrule (6.0.1) or (6.1) if the authorized software does not permit electronic filing under the subrule for the municipality in which the application would otherwise be filed in paper format under rule 5.

(6.2.1) A joint application may not be filed electronically under subrule (6.1) if,

(a) the marriage certificate or marriage registration certificate was issued outside Canada and not in electronic format; or

(b) the application contains, in addition to the claim for a divorce, a claim for relief other than a joint claim for,

(i) support,

(ii) an order respecting property or for exclusive possession of the matrimonial home and its contents, or

(iii) custody or access to a child.

Electronic Filing and Rule 36 Requirements

(6.3) The following rules apply if an application for divorce is filed electronically:

1. Despite electronic filing under subrule (6.0.1), the documents and materials required to be filed in accordance with subrules (5) and (6) may not be filed electronically and must be filed in paper format.

2. If a joint application is filed electronically in accordance subrule (6.1), the requirements of subrule (6) are deemed to have been met.

(6) Subrule 36 (6.4) of the Regulation is amended by striking out “a joint application that is filed electronically in accordance with subrule (6.1)” and substituting “an application that is filed electronically in accordance with subrule (6.0.1) or (6.1)”.

(7) Subrule 36 (6.5) of the Regulation is revoked and the following substituted:

Electronic issuance of application

(6.5) An application that is filed electronically in accordance with subrule (6.0.1) or (6.1) may be issued electronically.

(8) Subrule 36 (6.6) of the Regulation is revoked and the following substituted:

Requirement to give documents in paper format

(6.6) If, after an application is filed electronically under subrule (6.0.1) or (6.1), a party intends or is required to file any other document in respect of the application, the party shall file the document in paper format and, unless the court orders otherwise, shall give to the clerk, in paper format, every document in the application that had previously been filed electronically.

(9) Subrule 36 (7) of the Regulation is amended by striking out “When the documents mentioned in subrules (4) to (6) have been filed” at the beginning and substituting “Once the requirements of subrules (4) to (6) have been met”.

11. Paragraph 4 of subrule 42 (14) of the Regulation is revoked.

12. (1) The rows for Forms 17 and 17E in the Table of Forms to the Regulation are amended by striking out the date in the column titled “Date of Form” and substituting “November 1, 2018”.

(2) The rows for Forms 13, 13.1, 15A, 15B, 17A, 25D, 33F, 34, 34J, 34K, 35.1 and 36A in the Table of Forms to the Regulation are amended by striking out the date in the column titled “Date of Form” and substituting in each case “November 1, 2018”.

(3) The Table of Forms to the Regulation is amended by striking out the rows for Forms 8D.1 and 34H and substituting the following:

 

8D.1

Application (dispense with parent’s consent to adoption before placement)

November 1, 2018

 

. . . . .

 

34H

Affidavit of adopting relative or stepparent

November 1, 2018

Commencement

13. (1) Subject to subsection (2), this Regulation comes into force on the later of February 25, 2019 and the day it is filed.

(2) Sections 5, 6 and 11, subsection 12 (1) and this section come into force on the later of January 1, 2019 and the day this Regulation is filed.

Made by:
Pris par :

Family Rules Committee:
Le Comité des règles en matière de droit de la famille :

Helena Likwornik

Secretary / Secrétaire

Date made: December 3, 2018
Pris le : 3 décembre 2018

I approve this Regulation.
J’approuve le présent règlement.

La procureure générale,

Caroline Mulroney

Attorney General

Date approved: December 20, 2018
Approuvé le : 20 décembre 2018

 

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