O. Reg. 150/25: FAMILY LAW RULES, COURTS OF JUSTICE ACT

ontario regulation 150/25

made under the

Courts of Justice Act

Made: June 13, 2025
Approved: July 2, 2025
Filed: July 2, 2025
Published on e-Laws: July 3, 2025
Published in The Ontario Gazette: July 19, 2025

Amending O. Reg. 114/99

(FAMILY LAW RULES)

1. Subrule 1.3 (3) of Ontario Regulation 114/99 is amended by adding the following paragraphs:

4.  A case involving the filing of a domestic contract under subsection 35 (1) of the Family Law Act.

5.  A case involving the filing of a family arbitration award under section 59.9 of the Family Law Act.

2. Subrule 8 (2) of the Regulation is amended by adding “or a family arbitration award filed under section 59.9 of that Act” after “section 35 of the Family Law Act”.

3. Subrule 15 (2) of the Regulation is amended by striking out “or” at the end of clause (a), by adding “or” at the end of clause (b) and by adding the following clause:

(c)  a family arbitration award filed under section 59.9 of the Family Law Act.

4. Rule 26 of the Regulation is amended by adding the following subrule:

Affidavit for filing family arbitration award

(9.1) An affidavit for filing a family arbitration award under section 59.9 of the Family Law Act shall be in Form 26D.

5. (1) Subrule 34 (2) of the Regulation is amended by adding the following definitions:

“broad record check” means a police record check required to be obtained under section 121 of the General Regulation; (“vérification de dossier approfondie”)

“General Regulation” means Ontario Regulation 155/18 (General Matters Under the Authority of the Lieutenant Governor in Council) made under the Act. (“règlement général”)

(2) The definition of “old Act” in subrule 34 (2) of the Regulation is revoked.

(3) Rule 34 of the Regulation is amended by adding the following subrule:

Limitation – family adoption

(3.1) An applicant shall not start an application for an order under subsection 199 (2) of the Act until the 21-day period referred to in subsection 180 (8) of the Act has expired, if consent to the order was given under subsection 180 (2) or (6) of the Act.

(4) Subparagraph 1.1 i of subrule 34 (6) of the Regulation is amended by striking out “or, if applicable, section 145.1.1 of the old Act” at the end.

(5) Paragraph 6 of subrule 34 (6) of the Regulation is amended by striking out “or, if applicable, section 141.2 of the old Act”.

(6) Paragraph 6 of subrule 34 (7) of the Regulation is amended by striking out “or, if applicable, the old Act”.

(7) Paragraph 7 of subrule 34 (7) of the Regulation is amended by striking out “or, if applicable, section 141.2 of the old Act”.

(8) Subrules 34 (8) and (9) of the Regulation are revoked and the following substituted:

Additional material – family adoption

(8) If the application is for an order under subsection 199 (2) of the Act, the following affidavits shall also be filed with the application:

1.  An affidavit from each applicant confirming that the applicant did not receive a withdrawal of consent during the 21-day period referred to in subsection 180 (8) of the Act.

2.  If the child was a resident of Canada before being placed for adoption,

i.  an affidavit (Form 34H) from each applicant, and

ii.  an affidavit (Form 34H.1) from each person, other than an applicant or a child, who,

A.  resides with an applicant who is not a parent of the child as set out in section 4 of the Children’s Law Reform Act, and

B.  is also not a parent of the child as set out in section 4 of the Children’s Law Reform Act.

Broad record check

(9) An affidavit in Form 34H from a person who is not a parent of the child as set out in section 4 of the Children’s Law Reform Act, or in Form 34H.1, shall contain,

(a)  a broad record check of the person giving the affidavit, received not more than six months before the application is started; or

(b)  if a person has requested but not received a broad record check before the application is started, proof of the request.

Same

(9.1) If clause (9) (b) applies, the person shall serve and file the broad record check no later than 10 days after receiving it, subject to subrule (9.2).

Requirement for new affidavit, no record check after six months

(9.2) For the purposes of section 128 of the General Regulation, if the person does not receive a broad record check within six months of the day after which they requested it, the person shall, no later than 15 days after the end of the six-month period, serve and file a new affidavit in Form 34H or 34H.1, as the case may be.

Requirement for new affidavit, change or correction

(9.3) For the purposes of section 129 of the General Regulation or otherwise, as soon as the person discovers that an affidavit of the person that has been filed under this rule is incorrect, incomplete or out of date, the person shall serve and file a new affidavit in Form 34H or 34H.1, as the case may be.

(9) Paragraph 3 of subrule 34 (13.1) of the Regulation is revoked and the following substituted:

3.  If a person proposes to adopt the child under subsection 199 (2) of the Act, the parent who wishes to withdraw consent shall ensure that the person receives the written withdrawal within 21 days after the consent was given.

6. (1) The rows for Forms 8D and 25C in the Table of Forms to the Regulation are amended by striking out “March 1, 2018” in the column titled “Date of Form” and substituting in each case “May 26, 2025”.

(2) The row for Form 26B in the Table of Forms to the Regulation is amended by striking out “April 12, 2016” in the column titled “Date of Form” and substituting “May 26, 2025”.

(3) The Table of Forms to the Regulation is amended by adding the following row:

 

26D

Affidavit for filing family arbitration award for support with court

May 26, 2025

 

(4) The row for Form 32.1 in the Table of Forms to the Regulation is amended by striking out “December 1, 2020” in the column titled “Date of Form” and substituting “May 26, 2025”.

(5) The row for Form 34H in the Table of Forms to the Regulation is struck out and the following substituted:

 

34H

Affidavit of Applicant to a Family Adoption

May 26, 2025

34H.1

Affidavit of Person over 18 Living with Applicant to a Family Adoption

May 26, 2025

 

(6) The row for Form 34K in the Table of Forms to the Regulation is amended by striking out “December 1, 2020” in the column titled “Date of Form” and substituting “May 26, 2025”.

Commencement

7. (1) Except as otherwise provided in this section, this Regulation comes into force on the later of the day section 3 of Schedule 9 to the Cutting Red Tape, Building Ontario Act, 2024 comes into force and the day this Regulation is filed.

(2) Section 5 and subsections 6 (1), (5) and (6) come into force on the later of July 1, 2025 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: June 13, 2025
Pris le : 13 juin 2025

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

Le procureur général,

Doug Downey

Attorney General

Date approved: July 2, 2025
Approuvé le : 2 juillet 2025