O. Reg. 151/21: FAMILY LAW RULES
filed March 1, 2021 under Courts of Justice Act, R.S.O. 1990, c. C.43
Skip to contentontario regulation 151/21
made under the
Courts of Justice Act
Made: February 10, 2021
Approved: February 25, 2021
Filed: March 1, 2021
Published on e-Laws: March 1, 2021
Printed in The Ontario Gazette: March 20, 2021
Amending O. Reg. 114/99
(FAMILY LAW RULES)
1. Paragraphs 4 and 5 of subrule 15 (21) of Ontario Regulation 114/99 are revoked and the following substituted:
4. Section 8 (split parenting time).
5. Section 9 (shared parenting time).
2. (1) The heading to rule 37 and subrules 37 (1), (2) and (3) of the Regulation are revoked and the following substituted:
Rule 37: Interjurisdictional Support Orders
Definitions
(1) In this rule,
“appropriate authority” has the same meaning as in the Ontario Act; (“autorité compétente”)
“designated authority” means, as the case may be,
(a) the designated authority as defined in the Ontario Act, or
(b) the person or entity designated by the Attorney General for the purposes of the definition of “designated authority” in section 18 of the Federal Act; (“autorité désignée”)
“Federal Act” means the Divorce Act (Canada); (“loi fédérale”)
“Ontario Act” means the Interjurisdictional Support Orders Act, 2002; (“loi ontarienne”)
“Ontario general regulation” means Ontario Regulation 55/03 (General) made under the Interjurisdictional Support Orders Act, 2002; (“règlement général ontarien”)
“responsible authority” means responsible authority as defined in section 18 of the Federal Act; (“autorité responsable”)
“send”, when used in reference to a person, means to,
(a) mail to the person’s lawyer or, if none, to the person,
(b) send by courier to the person’s lawyer or, if none, to the person,
(c) deposit at a document exchange to which the person’s lawyer belongs, or
(d) fax to the person’s lawyer or, if none, to the person. (“envoyer”)
Application
(2) This rule applies to,
(a) cases under the Ontario Act; and
(b) cases under sections 18.1 to 19.1 of the Federal Act.
Forms
(3) In a case to which this rule applies, the following forms shall be used:
1. For cases under the Ontario Act, Form A.1 (Support Application under the Interjurisdictional Support Orders Act) or A.2 (Support Variation Application under the Interjurisdictional Support Orders Act) under the Ontario general regulation, as the case may be.
2. For cases under sections 18.1 to 19.1 of the Federal Act, Form A.3 (Interjurisdictional Support Application under the Divorce Act) or A.4 (Interjurisdictional Support Variation Application under the Divorce Act), dated January 1, 2021 and available on the website of the Government of Ontario Central Forms Repository, as the case may be.
3. For any case to which this rule applies, any of Forms B to M under the Ontario general regulation that are necessary in the particular case.
4. Any other form specified by this rule.
Notice of Hearing
(3.1) For the purposes of section 10 or 33 of the Ontario Act or subsection 18.1 (7) or 19 (6) of the Federal Act, the clerk shall,
(a) serve on the respondent, by special service,
(i) a notice of hearing (Form 37),
(ii) a copy of the documents sent by the designated authority, and
(iii) blank response forms; and
(b) send to the designated authority a copy of the notice of hearing and an information sheet (Form 37A).
(2) Clauses 37 (4) (a) and (c) of the Regulation are revoked and the following substituted:
(a) an answer in Form L under the Ontario general regulation;
. . . . .
(c) a financial statement in Form I under the Ontario general regulation.
(3) Subrule 37 (10) of the Regulation is amended by striking out “clause 11 (2) (a) or 34 (2) (a) of the Act” and substituting “clause 11 (2) (a) or 34 (2) (a) of the Ontario Act or subsection 18.1 (13) or 19 (11) of the Federal Act”.
(4) Subrule 37 (11) of the Regulation is amended by striking out “clause 11 (2) (a) of the Act” and substituting “clause 11 (2) (a) or 34 (2) (a) of the Ontario Act or subsection 18.1 (13) or 19 (11) of the Federal Act”.
(5) Subrule 37 (12) of the Regulation is amended by striking out “When the court adjourns the hearing under clause 11 (2) (b) or 34 (2) (b) of the Act” at the beginning and substituting “When the court adjourns a hearing for the purpose of obtaining further evidence or documents”.
(6) Subrule 37 (17) of the Regulation is revoked and the following substituted:
SENDING COPY OF ORDER TO APPROPRIATE AUTHORITY, Responsible Authority
(17) The designated authority shall send the certified copy of the order to the appropriate authority or responsible authority, as the case may be.
(7) Subrules 37 (18), (20) and (22) of the Regulation are amended by striking out “the Act” wherever it appears and substituting in each case “the Ontario Act”.
(8) Subrules 37 (23) and (24) of the Regulation are revoked and the following substituted:
PARTY IN RECIPROCATING JURISDICTION
(23) If a party ordinarily resides in a reciprocating jurisdiction and the order was originally sent to Ontario for registration by the appropriate authority there, the clerk may send it to that appropriate authority rather than sending it to the party as set out in clause (22) (a).
Applications Under S. 19.1, Federal Act
(23.1) Subrules (18) to (23) apply, with necessary modifications, with respect to applications for recognition and, if applicable, enforcement of decisions under section 19.1 of the Federal Act, and, for the purpose, references in subrule (23) to an appropriate authority shall be read as references to a responsible authority.
PROVISIONAL ORDERS, Ontario Act
(24) When the court makes a provisional order under section 7 or 30 of the Ontario Act, the clerk shall send the following to the designated authority, to be sent to the reciprocating jurisdiction:
1. One copy of,
i. the application (Form A.1 or A.2 under the Ontario general regulation),
ii. the applicant’s financial statement (Form I under the Ontario general regulation), and
iii. a statement giving any information about the respondent’s identification, whereabouts, income, assets and liabilities.
2. Three certified copies of,
i. the applicant’s evidence and, if reasonably possible, the exhibits, and
ii. the provisional order.
(9) Subrule 37 (25) of the Regulation is amended by striking out “the Act” and substituting “the Ontario Act”.
3. (1) The heading to rule 37.1 and subrule 37.1 (1) of the Regulation are revoked and the following substituted:
Rule 37.1: Family Law Act Provisional Orders
Application
(1) This rule applies to orders made under section 44 of the Family Law Act.
(2) The definitions of “confirming court” and “originating court” in subrule 37.1 (2) of the Regulation are revoked and the following substituted:
“confirming court” means,
(a) the Ontario Court of Justice sitting in the municipality where the respondent resides, or
(b) the Family Court of the Superior Court of Justice, if the respondent resides in an area where that court has jurisdiction; (“tribunal d’homologation”)
“originating court” means,
(a) the Ontario Court of Justice sitting in the municipality where the provisional order is made, or
(b) the Family Court of the Superior Court of Justice when it makes the provisional order; (“tribunal d’origine”)
(3) Subrule 37.1 (3) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:
Documents to be sent to Confirming Court
(3) When the court makes a provisional order under section 44 of the Family Law Act, the clerk shall send the following to the confirming court:
(4) Subparagraph 1 iv of subrule 37.1 (3) of the Regulation is revoked and the following substituted:
iv. proof that the application was served on the respondent.
(5) Subrule 37.1 (4) of the Regulation is revoked.
(6) Subrule 37.1 (5) of the Regulation is amended by striking out “in Ontario” in the portion before clause (a).
(7) Clause 37.1 (5) (b) of the Regulation is amended by adding “and” at the end of subclause (i), by striking out “and” at the end of subclause (ii) and by revoking subclause (iii).
(8) Subrule 37.1 (6) of the Regulation is revoked.
(9) Subrules 37.1 (10) and (11) of the Regulation are amended by striking out “in Ontario” wherever it appears.
(10) Subrule 37.1 (12) of the Regulation is revoked and the following substituted:
Continuing the Confirmation hearing
(12) When a confirming court receives further evidence from the originating court, the clerk shall promptly prepare a notice of continuation of hearing (Form 37C) and send it, with copies of the evidence, to the respondent.
4. The rows for Forms 36A, 37, 37A, 37B, 37C and 37D in the Table of Forms to the Regulation are amended by striking out the date in the column titled “Date of Form” and substituting “December 1, 2020”.
Commencement
5. This Regulation comes into force on the later of the day section 2 of Schedule 1 to the Moving Ontario Family Law Forward Act, 2020 comes into force 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, Family Rules Committee
Date made: February 10, 2021
Pris le : 10 février 2021
I approve this Regulation.
J’approuve le présent règlement.
Le procureur général,
Doug Downey
Attorney General
Date approved: February 25, 2021
Approuvé le : 25 février 2021