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Administration of Justice Act

ONTARIO REGULATION 2/05

Fee Waiver

Consolidation Period:  From April 1, 2019 to the e-Laws currency date.

Last amendment: 44/19.

Legislative History: 671/05, 95/14, 336/16, 44/19.

This is the English version of a bilingual regulation.

Definitions

1. (1) In this Regulation,

“child” includes a person whom a person has demonstrated a settled intention to treat as a child of his or her family, except under an arrangement where the child is placed for valuable consideration in a foster home by a person having lawful custody; (“enfant”)

“dependent child” means a child who,

(a) is a minor or is enrolled in a full time program of education, and

(b) if 16 years of age or more, has not withdrawn from parental control; (“enfant à charge”)

“gross annual household income”, when used with respect to a person, means the gross amount of all regular payments of any kind received by the members of the person’s household during a year; (“revenu annuel brut du ménage”)

“household” means a person and his or her spouse and dependent children; (“ménage”)

“household liquid assets”, when used with respect to a person, means all assets owned by the members of the person’s household that are money or can readily be converted into money; (“liquidités du ménage”)

“household net worth”, when used with respect to a person, means the difference between,

(a) the value of all assets owned by the members of the person’s household, and

(b) the value of all debts and other financial liabilities of the members of the person’s household; (“avoir net du ménage”)

“spouse” means spouse as defined in Part III of the Family Law Act. (“conjoint”)  O. Reg. 2/05, s. 1 (1); O. Reg. 671/05, s. 1; O. Reg. 336/16, s. 1.

(2) Two persons are not spouses for the purpose of this section if they are living separate and apart as a result of a breakdown of their relationship.  O. Reg. 2/05, s. 1 (2).

Prescribed conditions

2. (1) A person meets the prescribed conditions referred to in subsections 4.3 (4) and 4.5 (2) of the Act if,

(a) the primary source of the person’s gross annual household income is one or more of,

(i) income assistance under the Ontario Works Act, 1997, income support under the Ontario Disability Support Program Act, 1997 or an allowance under the Family Benefits Act,

(ii) a pension, together with a guaranteed income supplement, under the Old Age Security Act (Canada),

(iii) a benefit paid under the Canada Pension Plan, or

(iv) an allowance paid under the War Veterans Allowance Act (Canada);

(b) the person has applied to receive legal aid services in respect of the proceeding to which any waiver of fees would apply, and Legal Aid Ontario has approved the application; or

(c) the person meets the financial criteria set out in subsection (2). O. Reg. 336/16, s. 2.

(2) The following financial criteria apply for the purposes of clause (1) (c):

1. The person’s gross annual household income is less than,

i. $31,200, if he or she is the only person in his or her household,

ii. $46,800, if there are two people in his or her household,

iii. $54,000, if there are three people in his or her household,

iv. $64,800, if there are four people in his or her household, and

v. $75,600, if there are five or more people in his or her household.

2. The value of the person’s household liquid assets is less than $2,600.

3. The person’s household net worth is less than $10,500. O. Reg. 44/19, s. 1 (1).

(3) Beginning on January 1, 2023, and on every third January 1 that follows, the financial threshold amounts set out in subsection (2) shall be adjusted in accordance with the following:

1. The threshold amounts that apply immediately before the applicable January 1 date shall be increased by the percentage change between the Ontario Consumer Price Index for the calendar year that is two years before the year in which the adjustment is being made, and the Ontario Consumer Price Index for the calendar year that is five years before the year in which the adjustment is being made.

2. If the percentage change in the Ontario Consumer Price Index between the two applicable calendar years, as set out in paragraph 1, results in a negative amount, the threshold amounts shall not be increased.

3. Any threshold amount that, once increased in accordance with paragraph 1, results in an amount that is not a multiple of one hundred shall be rounded to the nearest hundred dollars. O. Reg. 336/16, s. 2; O. Reg. 44/19, s. 1 (2).

(4) For the purposes of subsection (3), the Ontario Consumer Price Index is the Consumer Price Index for Ontario (All-Items) as published by Statistics Canada. O. Reg. 336/16, s. 2.

Supporting financial information

2.1 (1) A person requesting a fee waiver under section 4.3 or 4.5 of the Act shall provide together with the fee waiver request form the supporting financial information required by this section. O. Reg. 336/16, s. 2.

(2) The person shall provide one of the following, as appropriate, as proof of his or her income:

1. An income tax return or notice of assessment for the most recent taxation year.

2. The most recent statement of earnings from his or her employer showing the total earnings paid in the year to date including overtime, or, if such a statement is not available, his or her three most recent pay stubs.

3. The most recent statement of income showing income he or she received from employment insurance, social assistance, a pension, workers compensation or disability payments.

4. If no document referred to in paragraph 1, 2 or 3 is readily available, an itemization, in the portion of the fee waiver request form provided for the purpose, of his or her income sources and amounts. O. Reg. 336/16, s. 2.

(3) If the person’s household includes a spouse, the person shall also provide proof of the spouse’s income in accordance with subsection (2). O. Reg. 336/16, s. 2.

(4) The requirements of this section to provide supporting financial information do not apply to a person who meets the condition for fee waiver eligibility set out in clause 2 (1) (b). O. Reg. 336/16, s. 2.

Exempted fees

3. Sections 4.3 to 4.9 of the Act do not apply to the following fees:

1. Fees under Ontario Regulation 94/14 (Fees for Court Transcripts) made under the Act.

2. Fees and travelling allowances under section 5 of Ontario Regulation 293/92 (Superior Court of Justice and Court of Appeal — Fees) made under the Act.

3. Fees under the regulation described in paragraph 2 with respect to proceedings relating to offences under Acts of the Parliament of Canada.

4. Fees under the regulation described in paragraph 2 with respect to appeals under the Provincial Offences Act.

5. Disbursements under subsection 1 (2) and travel allowances under section 2 of Ontario Regulation 294/92 (Sheriffs — Fees) made under the Act, except in relation to the enforcement of an order made under subsection 31 (3) of the Residential Tenancies Act, 2006.

6. Disbursements payable to a bailiff under paragraph 4 of subsection 2 (1) of Ontario Regulation 332/16 (Small Claims Court – Fees and Allowances) made under the Act.

7. Fees and travel allowances payable to a witness under section 3 of the regulation described in paragraph 6.

8. Fees under Ontario Regulation 451/98 (Mediators’ Fees (Rule 24.1, Rules of Civil Procedure)) made under the Act.

8.1 Fees under Ontario Regulation 43/05 (Mediators’ Fees (Rule 75.1, Rules of Civil Procedure)) made under the Act.

9. Fees under Ontario Regulation 210/07 (Ontario Court of Justice — Fees) made under the Act, except with respect to proceedings that are governed by Ontario Regulation 114/99 (Family Law Rules) made under the Courts of Justice Act.  O. Reg. 2/05, s. 3; O. Reg. 671/05, s. 2; O. Reg. 95/14, s. 1; O. Reg. 336/16, s. 3; O. Reg. 44/19, s. 2.

Exempted persons

4. Sections 4.3 to 4.9 of the Act do not apply to a person if, in connection with the proceeding in respect of which the fee is payable,

(a) Revoked: O. Reg. 336/16, s. 4.

(b) the person has been appointed a representative party under the Class Proceedings Act, 1992 and has entered into an agreement providing for payment of disbursements only in the event of success, as described in section 33 of that Act; or

(c) the person is a party to a contingency fee agreement made under the Solicitors Act under which the person’s lawyer is responsible for the payment of disbursements during the course of the proceeding.  O. Reg. 2/05, s. 4; O. Reg. 336/16, s. 4.

Requests under ss. 4.3 and 4.4 of Act

5. A request for a fee waiver that is made under section 4.3 or 4.4 of the Act shall be submitted,

(a) in the case of a request to the Registrar of the Court of Appeal or to a judge of that court, to the office of the Registrar;

(b) in any other case, to the office of the court in the county, municipality or territorial division, as the case may be,

(i) where the proceeding is or would be commenced, or

(ii) to which the proceeding has been transferred.  O. Reg. 2/05, s. 5.

Requests under s. 4.7 of Act

6. A request for a fee waiver that is made under section 4.7 of the Act shall be submitted to the office of the court in the county, municipality or territorial division, as the case may be, where the tribunal order is to be enforced.  O. Reg. 2/05, s. 6.

Litigation guardian or representative

7. (1) This section applies to a person who is,

(a) under a “disability” as defined in subrule 1.03 (1) of Regulation 194 of the Revised Regulations of Ontario, 1990 (Rules of Civil Procedure) made under the Courts of Justice Act;

(b) under a “disability” as defined in subrule 1.02 (1) of Ontario Regulation 258/98 (Rules of the Small Claims Court) made under that Act;

(c) a “special party” as defined in subrule 2 (1) of Ontario Regulation 114/99 (Family Law Rules) made under that Act.  O. Reg. 671/05, s. 3.

(2) Where a person to whom this section applies seeks to obtain a fee waiver certificate, and the proceeding in respect of which the fee waiver is sought is one in which the person has or will have a,

(a) litigation guardian under Rule 7 of Regulation 194 of the Revised Regulations of Ontario, 1990 (Rules of Civil Procedure) made under the Courts of Justice Act;

(b) litigation guardian under Rule 4 of Ontario Regulation 258/98 (Rules of the Small Claims Court) made under that Act; or

(c) special party representative under Rule 4 of Ontario Regulation 114/99 (Family Law Rules) made under that Act,

any fee waiver request made under the Administration of Justice Act shall be completed by the litigation guardian or representative, or by the person who intends to become the litigation guardian or representative.  O. Reg. 671/05, s. 3.

Table Revoked: O. Reg. 336/16, s. 5.

 

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