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Administration of Justice Act

ONTARIO REGULATION 417/95

SUPERIOR COURT OF JUSTICE — FAMILY COURT — FEES

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

Last amendment: 43/19.

Legislative History: 215/97, 397/98, 15/00, 137/04, 170/07, 249/12, CTR 08 FE 17 - 2, 162/18, 43/19.

This is the English version of a bilingual regulation.

1. (1) The following fees are payable in respect of proceedings in the Superior Court of Justice — Family Court:

1. On the filing of an application, $202.

2. On the filing of an answer, other than an answer referred to in paragraph 3, $161.

3. On the filing of an answer that includes a request for a divorce by a respondent, $202.

4. On the placing of an application on the list for hearing, $420.

5. On the issue of a summons to a witness, $31.

6. On the issue of a certificate, $24.

7. For making copies of documents,

i. not requiring certification, $1 per page,

ii. requiring certification, $3.50 per page.

8. For making up and forwarding papers, documents and exhibits, $99 and the transportation costs.

9. For a copy on compact disc (CD) of a digital recording of a court hearing in respect of a case, if such a recording exists and a copy is available,

i. $22 for a single day’s recording, and

ii. $10.50 for each additional day’s recording, if the request is made at the same time as a request under subparagraph i. O. Reg. 43/19, s. 1.

(2) If the applicable filing fee is paid on the filing of a document electronically in accordance with the rules of court, the fee is not payable again on the subsequent filing of a paper copy of the document. O. Reg. 43/19, s. 1.

2. Despite section 1, no fees are payable for the filing of an application, the filing of an answer or the placing of an application on the list for hearing in respect of,

(a) proceedings under the Child, Youth and Family Services Act, 2017, the Children’s Law Reform Act, the Family Law Act (except Parts I and II), the Family Responsibility and Support Arrears Enforcement Act, 1996, the Marriage Act or the Interjurisdictional Support Orders Act, 2002; or

(b) proceedings to enforce an order for support, custody or access made under any of these Acts.  O. Reg. 417/95, s. 2; O. Reg. 15/00, s. 3; O. Reg. 137/04, s. 2; O. Reg. 162/18, s. 1.

3. (1) Beginning on January 1, 2023, and on every third January 1 that follows, the fees payable under section 1 shall be adjusted in accordance with the following, subject to subsection (3):

1. The fees payable 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 fees shall not be increased.

3. Any fee that, once increased in accordance with paragraph 1, results in an amount that is not a whole number shall be rounded to the nearest dollar. O. Reg. 43/19, s. 2.

(2) For the purposes of subsection (1), the Ontario Consumer Price Index is the Consumer Price Index for Ontario (All-Items) as published by Statistics Canada. O. Reg. 43/19, s. 2.

(3) A fee shall not be adjusted under subsection (1) if, before the date on which the adjustment would otherwise take effect, the Minister responsible for the administration of the Act,

(a) determines that the fee as adjusted would exceed full cost recovery; and

(b) publishes notice of the determination, confirming the amount of the fee, on a Government of Ontario website. O. Reg. 43/19, s. 2.

 

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