O. Reg. 2/05: FEE WAIVER

Administration of Justice Act

ONTARIO REGULATION 2/05

No Amendments

FEE WAIVER

Historical version for the period January 28, 2005 to December 27, 2005.

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(b) if 16 years of age or more, has not withdrawn from parental control; (“enfant à charge”)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 monthly 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 month; (“revenu mensuel 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 either of two persons who,

(a) are married to each other within the meaning of clause (a) of the definition of “spouse” in section 1 of the Family Law Act,

(b) have together entered into a marriage that is voidable or void, in good faith on the part of a person relying on this clause to assert any right, or

(c) are not married to each other and have lived together in a conjugal relationship outside marriage,

(i) continuously for a period of not less than three years, or

(ii) in a relationship of some permanence, if they are the natural or adoptive parents of a child. (“conjoint”) O. Reg. 2/05, s. 1 (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. A person meets the prescribed conditions referred to in subsections 4.3 (4), 4.5 (2) and 4.6 (2) of the Act if,

(a) the primary source of the person’s gross monthly 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); or

(b) each of the following is less than the corresponding amount shown in the Table:

(i) the person’s gross monthly household income,

(ii) the value of the person’s household liquid assets, and

(iii) the person’s household net worth. O. Reg. 2/05, s. 2.

Exempted fees

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

1. Fees, allowances and reimbursements of expenses under Ontario Regulation 587/91 (Court Reporters and Court Monitors) 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 35 (3) of the Tenant Protection Act, 1997.

6. Disbursements under item 5 of Schedule 2 (Bailiff’s Fees) to Ontario Regulation 432/93 (Small Claims Court — Fees and Allowances) made under the Act.

7. Fees and travel allowances under Schedule 3 (Fees and Allowances to Witnesses) to 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.

9. Fees under Ontario Regulation 16/00 (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.

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) the person’s fees are being paid under the Legal Aid Services Act, 1998;

(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.

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.

TABLE

Number of persons in household	Gross monthly household income
1	$1,500
2	2,250
3	2,583
4	3,083
5 or more	3,583
Household liquid assets: $1,500
Household net worth: $6,000

O. Reg. 2/05, s. 6.

7. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 2/05, s. 7.