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O. Reg. 76/06: FAMILY LAW RULES

filed March 10, 2006 under Courts of Justice Act, R.S.O. 1990, c. C.43

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ontario regulation 76/06

made under the

courts of justice act

Made: January 25, 2006
Approved: March 9, 2006
Filed: March 10, 2006
Published on e-Laws: March 13, 2006
Printed in The Ontario Gazette: March 25, 2006

Amending O. Reg. 114/99

(Family Law Rules)

1. (1) Subrule 1 (9) of Ontario Regulation 114/99 is revoked and the following substituted:

reference to forms

(9) In these rules, when a form is referred to by number, the reference is to the form with that number that is described in the Table of Forms at the end of these rules and is available on the Internet through www.ontariocourtforms.on.ca.

use of forms

(9.1) The forms authorized by these rules and set out in the Table of Forms shall be used where applicable and may be adjusted as needed to fit the situation.

(2) Subrule 1 (14) of the Regulation is revoked.

2. The definition of “continuing record” in subrule 2 (1) of the Regulation is revoked and the following substituted:

“continuing record” means the record made under Rule 9 containing, in accordance with these rules, written documents in a case that are filed with the court; (“dossier continu”)

3. Subrule 3 (6) of the Regulation is amended by striking out “or” at the end of clause (d), by adding “or” at the end of clause (e) and by adding the following clause:

(f) rule 41 (case management in the Superior Court of Justice (other than the Family Court of the Superior Court of Justice)).

4. (1) Paragraph 2 of subrule 9 (2) of the Regulation is revoked and the following substituted:

2. An uncontested divorce case in which divorce only is claimed, except that if the respondent files an answer, the respondent shall start the continuing record on filing the answer.

(2) Subrule 9 (4) of the Regulation is revoked and the following substituted:

child protection continuing record

(4) In an application for a child protection order or an application for a status review of a child protection order, the continuing record shall be called the child protection continuing record.

(3) Subrule 9 (5) of the Regulation is revoked.

(4) Subrule 9 (6) of the Regulation is revoked and the following substituted:

formal requirements of continuing record

(6) In preparing and maintaining a continuing record and support enforcement continuing record under this rule, the parties shall meet the requirements set out in the document entitled “Formal Requirements of the Continuing Record under the Family Law Rules”, dated November 1, 2005, published by the Family Rules Committee and available on the Internet through www.ontariocourtforms.on.ca.

formal requirements of child protection continuing record

(6.1) In preparing and maintaining a child protection continuing record under this rule, the parties shall meet the requirements set out in the document entitled “Formal Requirements of the Child Protection Continuing Record under the Family Law Rules”, dated November 1, 2005, published by the Family Rules Committee and available on the Internet through www.ontariocourtforms.on.ca.

(5) Paragraph 1 of subrule 9 (7) of the Regulation is amended by striking out “In any case” at the beginning and substituting “In a case other than a child protection case”.

(6) Subrule 9 (23) of the Regulation is revoked and the following substituted:

TRANSITIONAL PROVISION, CASES IN FAMILY COURT OF SUPERIOR COURT OF JUSTICE OR ONTARIO COURT OF JUSTICE

(23) Despite this rule, a case started in the Family Court of the Superior Court of Justice or the Ontario Court of Justice,

(a) before July 1, 2004, continues to be governed by this rule as it read on June 30, 2004, subject to subrule (24);

(b) on or after July 1, 2004 and before May 1, 2006, continues to be governed by this rule as it read on April 30, 2006.

TRANSITIONAL PROVISION, EXCEPTIONS

(24) Where a case was started in the Family Court of the Superior Court of Justice or the Ontario Court of Justice before July 1, 2004,

(a) a party in a case other than a child protection case may request that the continuing record be separated under paragraph 1 of subrule (7), and if the record is separated this rule applies to all documents filed thereafter;

(b) this rule, as it read on April 30, 2006, continues to govern the case if the continuing record was separated on or after July 1, 2004 and before May 1, 2006.

5. (1) Subrule 13 (1.4) of the Regulation is revoked.

(2) Paragraph 1 of subrule 13 (4) of the Regulation is amended by adding “(Form 13 or 13.1)” after “financial statement”.

(3) Rule 13 of the Regulation is amended by adding the following subrule:

financial statement with motion to refrain

(5.1) A payor who makes a motion to require the Director of the Family Responsibility Office to refrain from suspending the payor’s driver’s licence shall, in accordance with subsection 35 (7) of the Family Responsibility and Support Arrears Enforcement Act, 1996, serve and file with the notice of motion,

(a) a financial statement (Form 13 or 13.1) or a financial statement incorporated as Form 4 in Ontario Regulation 167/97 (General) made under that Act; and

(b) the proof of income specified in section 15 of the regulation referred to in clause (a).

(4) Subrules 13 (7) and (7.1) of the Regulation are revoked and the following substituted:

NOTICES OF ASSESSMENT REQUIRED

(7) The clerk shall not accept a party’s financial statement for filing unless,

(a) copies of the party’s notices of assessment for the three previous taxation years are attached as the form requires;

(b) the financial statement contains the party’s signed direction to the Canada Revenue Agency (Form 13A) for disclosure of the party’s income and deduction printouts; or

(c) the financial statement contains a sworn statement that the party is not required to file an income tax return because of the Indian Act (Canada).

exception

(7.0.1) Subrule (7) does not apply to a financial statement filed under subrule (5.1).

income tax returns

(7.1) Except in the case of a filing under subrule (5.1), income tax returns submitted in accordance with these rules are not required to be filed in the continuing record unless the court orders otherwise.

6. Subclause 25 (11) (b) (i) of the Regulation is revoked and the following substituted:

(i) if it is a support deduction order or alternative payment order under the Family Responsibility and Support Arrears Enforcement Act, 1996 or an order under the Interjurisdictional Support Orders Act, 2002, or

7. Subrule 29 (29) of the Regulation is amended by striking out “within 10 days” in the portion before clause (a) and substituting “within 10 days of the clerk notifying the recipient or the Director that a notice under subrule (26) was received”.

8. (1) Subrule 30 (8) of the Regulation is amended by striking out “clause 41 (9) (g) or (h)” and substituting “clause 41 (10) (h) or (i)”.

(2) Subrule 30 (9) of the Regulation is amended by striking out “subsection 41 (13) (variation of order)” and substituting “subsection 41 (15) (power to change order)”.

9. Subrule 33 (5) of the Regulation is amended by striking out “the case conference” and substituting “a conference”.

10. (1) Paragraph 6 of subrule 38 (2) of the Regulation is revoked and the following substituted:

6. The time period referred to in subrule 62.02 (2) for serving the notice of motion for leave to appeal shall be 30 days.

(2) Subrule 38 (24) of the Regulation is revoked and the following substituted:

prompt hearing of cfsa appeals

(24) An appeal under the Child and Family Services Act shall be heard within 60 days after the appellant’s factum and appeal record are filed.

(3) Subrule 38 (34) of the Regulation is amended by adding at the end “made under the temporary or final order”.

11. (1) Subrule 39 (2) of the Regulation is amended by striking out “or” at the end of clause (b), by adding “or” at the end of clause (c) and by adding the following clause:

(d) secure treatment cases under Part VI of the Child and Family Services Act.

(2) Subrule 39 (9) of the Regulation is amended by striking out “and” at the end of clause (d), by adding “and” at the end of clause (c) and by revoking clause (e).

(3) Rule 39 of the Regulation is amended by adding the following subrule:

judge may set clerk’s order aside

(14.1) The case management judge or another judge may, on motion, set aside an order of the clerk under subrule (12).

12. Subrule 40 (2) of the Regulation is amended by striking out “or” at the end of clause (b), by adding “or” at the end of clause (c) and by adding the following clause:

(d) secure treatment cases under Part VI of the Child and Family Services Act.

13. Rule 41 of the Regulation is amended by adding the following subrule:

judge may set clerk’s order aside

(9) A judge may, on motion, set aside an order of the clerk under subrule (6).

14. The Table of Forms to the Regulation is revoked and the following substituted:

TABLE OF FORMS

Form Number

Form Title

Date of Form

4

Notice of change in representation

September 1, 2005

6

Acknowledgment of service

September 1, 2005

6A

Advertisement

September 1, 2005

6B

Affidavit of service

September 1, 2005

8

Application (general)

September 1, 2005

8A

Application (divorce)

September 1, 2005

8B

Application (child protection and status review)

September 1, 2005

8C

Application (secure treatment)

September 1, 2005

8D

Application (adoption)

September 1, 2005

8D.1

Application (dispense with parent’s consent to adoption before placement)

September 1, 2005

8E

Summary of court cases

September 1, 2005

10

Answer

September 1, 2005

10A

Reply

September 1, 2005

12

Notice of withdrawal

September 1, 2005

13

Financial statement (support claims)

September 1, 2005

13.1

Financial statement (property and support claims)

September 1, 2005

13A

Direction to Canada Revenue Agency

September 1, 2005

13B

Net family property statement

September 1, 2005

14

Notice of motion

September 1, 2005

14A

Affidavit (general)

September 1, 2005

14B

Motion form

September 1, 2005

14C

Confirmation

September 1, 2005

14D

Order on motion without notice

September 1, 2005

15

Change information form (motion to change child support)

September 1, 2005

15A

Consent (motion to change child support)

September 1, 2005

17

Conference notice

September 1, 2005

17A

Case conference brief ― General

September 1, 2005

17B

Case conference brief for protection application or status review

September 1, 2005

17C

Settlement conference brief ― General

September 1, 2005

17D

Settlement conference brief for protection application or status review

September 1, 2005

17E

Trial management conference brief

September 1, 2005

20

Request for information

September 1, 2005

20A

Authorization to commissioner

September 1, 2005

20B

Letter of request

September 1, 2005

22

Request to admit

September 1, 2005

22A

Response to request to admit

September 1, 2005

23

Summons to witness

September 1, 2005

23A

Summons to witness outside Ontario

September 1, 2005

23B

Order for prisoner’s attendance

September 1, 2005

23C

Affidavit for uncontested trial

September 1, 2005

25

Order (general)

September 1, 2005

25A

Divorce order

September 1, 2005

25B

Secure treatment order

September 1, 2005

25C

Adoption order

September 1, 2005

25D

Order (uncontested trial)

September 1, 2005

25E

Notice disputing approval of order

September 1, 2005

26

Statement of money owed

September 1, 2005

26A

Affidavit of enforcement expenses

September 1, 2005

26B

Affidavit for filing domestic contract or paternity agreement with court

September 1, 2005

26C

Notice of transfer of enforcement

September 1, 2005

27

Request for financial statement

September 1, 2005

27A

Request for statement of income

September 1, 2005

27B

Statement of income from income source

September 1, 2005

27C

Appointment for financial examination

September 1, 2005

28

Writ of seizure and sale

September 1, 2005

28A

Request for writ of seizure and sale

September 1, 2005

28B

Statutory declaration to sheriff

September 1, 2005

28C

Writ of temporary seizure

September 1, 2005

29

Request for garnishment

September 1, 2005

29A

Notice of garnishment (lump-sum debt)

September 1, 2005

29B

Notice of garnishment (periodic debt)

September 1, 2005

29C

Notice to co-owner of debt

September 1, 2005

29D

Statutory declaration of indexed support

September 1, 2005

29E

Dispute (payor)

September 1, 2005

29F

Dispute (garnishee)

September 1, 2005

29G

Dispute (co-owner of debt)

September 1, 2005

29H

Notice of garnishment hearing

September 1, 2005

29I

Notice to stop garnishment

September 1, 2005

29J

Statement to garnishee financial institution re support

September 1, 2005

30

Notice of default hearing

September 1, 2005

30A

Request for default hearing

September 1, 2005

30B

Default dispute

September 1, 2005

31

Notice of contempt motion

September 1, 2005

32

Bond (recognizance)

September 1, 2005

32A

Notice of forfeiture motion

September 1, 2005

32B

Warrant for arrest

September 1, 2005

32C

Affidavit for warrant of committal

September 1, 2005

32D

Warrant of committal

September 1, 2005

33

Information for warrant to apprehend child

September 1, 2005

33A

Warrant to apprehend child

September 1, 2005

33B

Plan of care for child(ren) (Children’s Aid Society)

September 1, 2005

33B.1

Answer and plan of care (Parties other than Children’s Aid Society)

September 1, 2005

33C

Statement of agreed facts (child protection)

September 1, 2005

33D

Statement of agreed facts (status review)

September 1, 2005

33E

Child’s consent to secure treatment

September 1, 2005

33F

Consent to secure treatment (person other than child)

September 1, 2005

34

Child’s consent to adoption

September 1, 2005

34A

Affidavit of parentage

September 1, 2005

34B

Non-parent’s consent to adoption by spouse

September 1, 2005

34C

Director’s or local director’s statement on adoption

September 1, 2005

34D

Affidavit of adoption applicant(s)

September 1, 2005

34E

Director’s consent to adoption

September 1, 2005

34F

Parent’s or custodian’s consent to adoption

September 1, 2005

34G

Affidavit of adoption licensee or society employee

September 1, 2005

34H

Affidavit of adopting relative or stepparent

September 1, 2005

34I

Parent’s consent to adoption by spouse

September 1, 2005

34J

Affidavit of execution and independent legal advice (Children’s Lawyer)

September 1, 2005

34K

Certificate of clerk (adoption)

September 1, 2005

36

Affidavit for divorce

September 1, 2005

36A

Certificate of clerk (divorce)

September 1, 2005

36B

Certificate of divorce

September 1, 2005

37

Notice of hearing

September 1, 2005

37A

Information sheet

September 1, 2005

37B

Direction to request further information

September 1, 2005

37C

Notice of continuation of hearing

September 1, 2005

37D

Notice of registration of order

September 1, 2005

37E

Notice for taking further evidence

September 1, 2005

38

Notice of appeal

September 1, 2005

39

Notice of approaching dismissal

September 1, 2005

15. Forms 4 to 39 of the Regulation are revoked.

16. This Regulation comes into force on May 1, 2006.

 

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