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O. Reg. 298/18: FAMILY LAW RULES

filed April 23, 2018 under Courts of Justice Act, R.S.O. 1990, c. C.43

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ontario regulation 298/18

made under the

Courts of Justice Act

Made: April 11, 2018
Approved: April 23, 2018
Filed: April 23, 2018
Published on e-Laws: April 23, 2018
Printed in The Ontario Gazette: May 12, 2018

Amending O. Reg. 114/99

(FAMILY LAW RULES)

1. Rule 1 of Ontario Regulation 114/99 is amended by adding the following subrule:

General Transition Rules, CYFSA

(13) The following rules apply in relation to cases commenced but not concluded under the Child and Family Services Act before its repeal:

1. If regulations made under paragraph 11 of subsection 339 (1) of the Child, Youth and Family Services Act, 2017 provide for the continued application of any portion of the repealed Act to such cases, these rules, as they read immediately before the Act’s repeal, continue to apply with respect to the continued application of that portion of the repealed Act.

2. If regulations made under paragraph 11 of subsection 339 (1) of the Child, Youth and Family Services Act, 2017 provide that a reference in that Act to a matter shall be read as including a matter in the Child and Family Services Act, a reference in these rules to that matter in the Child, Youth and Family Services Act, 2017 shall be read as including that matter in the Child and Family Services Act.

2. The Regulation is amended by adding the following rule:

Rule 1.1: Electronic filing and issuance of Documents

Authorized Software

1.1 (1) If these rules permit or require a document to be filed or issued electronically, the software authorized by the Ministry of the Attorney General for the purpose shall be used for the filing or issuance.

Agreement

(2) A rule that provides that a document may be filed electronically does not apply unless the party filing the document agrees to the terms of use of the authorized software and provides an email address at which he or she agrees to accept documents from the court electronically.

Deemed Issuance

(3) A document issued electronically using the authorized software is deemed to have been issued by the court.

Date of Electronic Filing, Issuance

(4) The date on which a document that is filed or issued electronically is considered to have been filed or issued, as the case may be, is the date indicated for the document by the authorized software.

Same, Outside of Business Hours

(5) If a document is filed or issued electronically outside of regular business hours, the authorized software shall indicate that the document was filed or issued, as the case may be, on the next day on which court offices are open.

Inconsistencies

(6) In the event of an inconsistency between information provided in a document filed electronically by a person using the authorized software and information provided by the person using the authorized software that is not in the electronically filed document,

(a) the information in the electronically filed document prevails, except with respect to the municipality specified by the person for the purposes of rule 5 where the information that is not in the electronically filed document prevails; and

(b) the clerk may request from the person clarification, in the manner specified by the clerk, respecting the inconsistency, and the person shall promptly provide it.

Requirement to Keep Original

(7) A person who, in accordance with these rules, electronically files a document that was originally signed, certified or commissioned in paper format shall,

(a) retain the original document until the day on which the case is finally disposed of or, if no notice of appeal is served in the case, the time for serving the notice has expired, subject to any requirement in these rules to give the document to the clerk before that day; and

(b) promptly make the original document available for inspection and copying on the request of the court or of any party to the case.

3. (1) Subrule 2 (1) of the Regulation is amended by adding the following definition:

“authorized software” means the software referred to in rule 1.1 (electronic filing and issuance of documents); (“logiciel autorisé”)

(2) The definition of “child protection case” in subrule 2 (1) of the Regulation is amended by striking out “Part III of the Child and Family Services Act” and substituting “Part V of the Child, Youth and Family Services Act, 2017”.

(3) The definition of “file” in subrule 2 (1) of the Regulation is revoked and the following substituted:

“file” means to file with proof of service,

(a) in the court office in the municipality where the case or enforcement is started or to which the case or enforcement is transferred, or

(b) electronically in accordance with these rules; (“déposer”)

(4) Clause (d) of the definition of “payment order” in subrule 2 (1) of the Regulation is amended by striking out “section 60 or subsection 154 (2) of the Child and Family Services Act” and substituting “section 108 or subsection 213 (2) of the Child, Youth and Family Services Act, 2017”.

(5) Clause (d) of the definition of “recipient” in subrule 2 (1) of the Regulation is amended by striking out “section 60 or subsection 154 (2) of the Child and Family Services Act” and substituting “section 108 or subsection 213 (2) of the Child, Youth and Family Services Act, 2017”.

(6) Rule 2 of the Regulation is amended by adding the following subrule:

Temporary Orders

(1.1) For the purposes of the definition of “temporary order” in subrule (1), temporary orders include orders made under subsection 94 (2) (custody during adjournment) of the Child, Youth and Family Services Act, 2017 but do not include an order made under paragraph 2 of subsection 101 (1) (interim society care and custody) of that Act.

4. (1) Paragraph 1 of subrule 3 (4) of the Regulation is revoked and the following substituted:

1. Notice of a motion must be served not later than six days before the motion date (see subrule 14 (11)).  Saturday and Sunday are not counted, because the notice period is less than seven days (see subrule (2)).  Service on the day set out in the left column below is in time for the motion to be heard on the day set out in the right column below.

 

Service on

Motion may be heard on

Monday

The second following Tuesday

Tuesday

The second following Wednesday

Wednesday

The second following Thursday

Thursday

The second following Friday

Friday

The second following Monday

Saturday

The second following Tuesday

Sunday

The second following Tuesday

 

(2) Clause 3 (6) (a) of the Regulation is amended by striking out “clause 14 (11) (c)” and substituting “clause 14 (11) (e)”.

(3) Clause 3 (6) (b) of the Regulation is revoked and the following substituted:

(b) clause 17 (14) (c) (confirmation of conference);

5. Subrule 4 (8) of the Regulation is revoked and the following substituted:

Child’s Rights subject to statute

(8) Subrule (7) is subject to section 78 (legal representation of child, protection hearing) and subsection 161 (6) (legal representation of child, secure treatment hearing) of the Child, Youth and Family Services Act, 2017.

6. (1) Clause 5 (1) (b) (ii) of the Regulation is revoked and the following substituted:

(ii) subsection 91 (2) (place for child protection hearing) and subsection 203 (1) (place for adoption proceeding) of the Child, Youth and Family Services Act, 2017; or

(2) Subrule 5 (9) of the Regulation is amended by striking out “subsection 48 (3) of the Child and Family Services Act” and substituting “subsection 91 (3) of the Child, Youth and Family Services Act, 2017”.

7. (1) Subrule 7 (4) of the Regulation is amended by striking out “the Child and Family Services Act” and substituting “the Child, Youth and Family Services Act, 2017” in the portion before paragraph 1.

(2)  Paragraph 3 of subrule 7 (4) of the Regulation is amended by striking out “(Part VI of the Child and Family Services Act)” at the end and substituting “(Part VII of the Child, Youth and Family Services Act, 2017).

(3) Subrule 7 (4.1) of the Regulation is revoked and the following substituted:

MOTION TO CHANGE ORDER, S. 102 OF THE CYFSA

(4.1) In a motion to change an order made under section 102 of the Child, Youth and Family Services Act, 2017, the children’s aid society that was a party to the case in which the order was made is not a party to the motion to change the order, unless the court orders otherwise.

(4) Subrule 7 (6) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

PERMANENT CASE NAME AND COURT FILE NUMBER

(6) The court file number given to a case and the description of the parties as applicants and respondents in the case shall remain the same on an application or motion to change an order, a status review application, an application (general) for Child, Youth and Family Services Act, 2017 cases other than child protection and status review, an enforcement or an appeal, no matter who starts it, with the following exceptions:

. . . . .

(5) Paragraph 4 of subrule 7 (6) of the Regulation is amended by striking out “section 153.1 of the Child and Family Services Act” and substituting “section 207 of the Child, Youth and Family Services Act, 2017”.

(6) Paragraph 5 of subrule 7 (6) of the Regulation is amended by striking out “section 57.1 of the Child and Family Services Act” in the portion before subparagraph i and substituting “section 102 of the Child, Youth and Family Services Act, 2017”.

(7) Paragraph 6 of subrule 7 (6) of the Regulation is revoked.

8. (1) Subrule 8 (6) of the Regulation is amended by adding “subject to subrule (8.1)” at the end of the portion before clause (a).

(2) Clause 8 (6) (b) of the Regulation is amended by striking out “native” and substituting “First Nations, Inuit or Métis”.

(3) Paragraph 1 of clause 8 (6) (c) of the Regulation is amended by striking out “section 5 of the Child and Family Services Act” at the end and substituting “section 53 of the Child, Youth and Family Services Act, 2017”.

(4) Paragraph 2 of clause 8 (6) (c) of the Regulation is amended by striking out “section 16 of the Child and Family Services Act” at the end and substituting “section 38 of the Child, Youth and Family Services Act, 2017”.

(5) Paragraph 3 of clause 8 (6) (c) of the Regulation is amended by striking out “Part VI of the Child and Family Services Act” at the end and substituting “Part VII of the Child, Youth and Family Services Act, 2017”.

(6) Subrule 8 (8) of the Regulation is amended by striking out “(Part VI of the Child and Family Services Act)” and substituting “(Part VII of the Child, Youth and Family Services Act, 2017)”.

(7) Rule 8 of the Regulation is amended by adding the following subrule:

Serving openness applications

(8.1) An application for an openness order or an application to change or terminate an openness order (Part VIII of the Child, Youth and Family Services Act, 2017) shall be served by special service on,

(a) the child, if he or she is 12 years of age or older;

(b) the child’s lawyer, if any; and

(c) the Children’s Lawyer.

(8) Subrule 8 (9) of the Regulation is amended by striking out “section 38 or subsection 114 (6) of the Child and Family Services Act” and substituting “section 78 or subsection 161 (6) of the Child, Youth and Family Services Act, 2017”.

(9) Subrule 8 (10) of the Regulation is amended by striking out “(section 40, 42 or 43 of the Child and Family Services Act) or a homemaker remains or is placed on premises (subsection 78 (2) of that Act)” and substituting “(section 81, 82, 84 or 85 of the Child, Youth and Family Services Act, 2017)”.

9. Subrule 13 (2) of the Regulation is amended by striking out “section 60 of the Child and Family Services Act” and substituting “section 108 of the Child, Youth and Family Services Act, 2017”.

10. (1) Subrules 14 (10.1) and (10.2) of the Regulation are revoked.

(2) Subrules 14 (11) and (11.1) of the Regulation are revoked and the following substituted:

MOTION WITH NOTICE

(11) A party making a motion with notice shall,

(a) serve the documents mentioned in subrule (9) or (10) on all other parties, not later than six days before the motion date;

(b) file the documents as soon as possible after service, but not later than four days before the motion date;

(c) confer or attempt to confer orally or in writing with every other party about the issues that are in dispute in the motion, subject to a party being prohibited from such communication by court order;

(d) before giving the clerk confirmation of the motion in Form 14C under clause (e), give a copy of the confirmation of motion to every other party using mail, fax, email or any other method, except in a child protection case; and

(e) not later than 2 p.m. three days before the motion date, give the clerk the confirmation of motion (Form 14C) by,

(i) delivering it to the court office, or

(ii)   if available in the court office, sending it by fax or by email.

effect of failure to confirm

(11.1) Unless the court orders otherwise, a motion shall not be heard if confirmation of the motion is not given to the clerk in accordance with clause (11) (e).

PARTY TO UPDATE CONFIRMATION

(11.2) If a party who has given a confirmation of motion determines at any time before the motion is heard that the confirmation is no longer correct, the party shall, if possible, immediately,

(a) give a copy of the corrected confirmation of motion in Form 14C to every other party using a method listed in clause (11) (d) and subsequently give the clerk the corrected confirmation of motion by a method listed in clause (11) (e); or

(b) in a child protection case, give the clerk a corrected confirmation of motion in Form 14C by a method listed in clause (11) (e).

Response to notice of motion

(11.3) A response by a person to a motion made using a notice of motion (Form 14) shall be served and filed not later than four days before the motion date.

RESPONSE TO MOTION FORM

(11.4) A response by a person to a motion made using a motion form (Form 14B) shall be served and filed not later than four days after the motion form is served on the person.

reply to Response permitted, Notice of motion

(11.5) A party who uses a notice of motion (Form 14) and who is served with a response to it may serve and file a reply not later than 2 p.m. three days before the motion date.

reply to response not permitted, motion form

(11.6) A party who uses a motion form (Form 14B) and who is served with a response to it may not serve or file a reply. 

11. Subrule 15 (3) of the Regulation is revoked and the following substituted:

Exception

(3) This rule does not apply to a motion or application to change an order made under the Child, Youth and Family Services Act, 2017, other than a final order made under section 102 of that Act.

12. (1) Clause 17 (10) (a) of the Regulation is revoked and the following substituted:

(a) a settlement conference has been conducted; or

(2) Subrule 17 (13.1) of the Regulation is amended by striking out “seven” and substituting “six”.

(3) Subrules 17 (14) and (14.1) of the Regulation are revoked and the following substituted:

PARTIES TO CONFIRM ATTENDANCE

(14) Each party shall,

(a) confer or attempt to confer orally or in writing with every other party about the issues that are in dispute, subject to a party being prohibited from such communication by court order;

(b) before giving the clerk confirmation of the conference in Form 17F under clause (c), give a copy of the confirmation of conference to every other party using mail, fax, email or any other method, except in a child protection case; and

(c) not later than 2 p.m. three days before the conference date, give the clerk the confirmation of conference (Form 17F) by,

(i) delivering it to the court office, or

(ii)   if available in the court office, sending it by fax or by email.

effect of failure to confirm

(14.1) Unless the court orders otherwise, a conference shall not be held if confirmation of the conference is not given to the clerk in accordance with clause (14) (c).

parties to update confirmation

(14.1.1) If a party who has given a confirmation of conference determines at any time before the conference is held that the confirmation is no longer correct, the party shall, if possible, immediately,

(a) give a copy of the corrected confirmation of conference in Form 17F to every other party using a method listed in clause (14) (b) and subsequently give the clerk the corrected confirmation of conference by a method listed in clause (14) (c); or

(b) in a child protection case, give the clerk a corrected confirmation of conference in Form 17F by a method listed in clause (14) (c).

(4) Subrule 17 (18) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

Costs

(18) Costs shall not be awarded at a conference unless a party to the conference was not prepared, did not serve a required brief, did not make any required disclosure, otherwise contributed to the conference being unproductive or otherwise did not follow these rules, in which case the judge shall, despite subrule 24 (10),

. . . . .

(5) Rule 17 of the Regulation is amended by adding the following subrule:

Costs may be awarded later

(18.1) Subrule (18) does not prevent the court from awarding costs in relation to the conference at a later stage in the case, if costs are not awarded at the conference.

(6) Subrule 17 (25) of the Regulation is amended by striking out “section 57 of the Child and Family Services Act” and substituting “section 101 of the Child, Youth and Family Services Act, 2017”.

13. Clause 20.1 (13) (a) of the Regulation is amended by striking out “subsection 54 (1.2) of the Child and Family Services Act” and substituting “subsection 98 (4) or (5) of the Child, Youth and Family Services Act, 2017”.

14. Subrules 24 (10) to (12) of the Regulation are revoked and the following substituted:

DECIDING COSTS

(10) Promptly after dealing with a step in a case, the court shall, in a summary manner,

(a) determine who, if anyone, is entitled to costs in relation to that step and set the amount of any costs; or

(b) expressly reserve the decision on costs for determination at a later stage in the case.

SAME

(11) The failure of the court to act under subrule (10) in relation to a step in a case does not prevent the court from awarding costs in relation to the step at a later stage in the case.

Setting Costs Amounts

(12) In setting the amount of costs, the court shall consider,

(a) the reasonableness and proportionality of each of the following factors as it relates to the importance and complexity of the issues:

(i) each party’s behaviour,

(ii) the time spent by each party,

(iii) any written offers to settle, including offers that do not meet the requirements of rule 18,

(iv) any legal fees, including the number of lawyers and their rates,

(v) any expert witness fees, including the number of experts and their rates,

(vi) any other expenses properly paid or payable; and

(b) any other relevant matter.

Supporting Materials

(12.1) Any claim for costs respecting fees or expenses shall be supported by documentation satisfactory to the court.

15. (1) Subrule 25 (15) of the Regulation is amended by striking out “An order for Crown wardship under Part III of the Child and Family Services Act” at the beginning and substituting “An order for extended society care under Part V of the Child, Youth and Family Services Act, 2017”.

(2) Paragraph 2 of subrule 25 (15) of the Regulation is amended by striking out “subsection 39 (3)” and substituting “subsection 79 (3)”.

(3) Subrule 25 (16) of the Regulation is amended by striking out “Part VI of the Child and Family Services Act” and substituting “Part VII of the Child, Youth and Family Services Act, 2017”.

(4) Paragraph 1 of subrule 25 (17) of the Regulation is amended by striking out “subsection 137 (6) of the Child and Family Services Act” at the end and substituting “subsection 180 (6) of the Child, Youth and Family Services Act, 2017”.

(5) Paragraph 2 of subrule 25 (17) of the Regulation is amended by striking out “subsection 162 (3)” and substituting “subsection 222 (3)”.

16. Subrules 28 (1.3), (12) and (13) of the Regulation are revoked.

17. (1) The table to subrule 33 (1) is amended by striking out the first two rows and substituting the following:

 

Column 1
Step in the case

Column 2
Maximum time for completion, from the start of the case

First hearing, if child has been brought to a place of safety

5 days

 

(2) Subrule 33 (6.1) of the Regulation is revoked and the following substituted:

Status review

(6.1) A status review application under clause 113 (2) (a) or (b) of the Child, Youth and Family Services Act, 2017 shall be served at least 30 days before the date the order for society supervision or interim society care expires.

(3) Clauses 33 (7) (a) and (b) of the Regulation are revoked and the following substituted:

(a) an information for a warrant to bring a child to a place of safety shall be in Form 33;

(b) a warrant to bring a child to a place of safety shall be in Form 33A;

(4) Subrule 33 (8) of the Regulation is amended by striking out “Part VI (secure treatment) of the Child and Family Services Act” and substituting “Part VII (secure treatment) of the Child, Youth and Family Services Act, 2017”.

18. (1) Subrule 34 (1) of the Regulation is amended by striking out the portion before the definition of “Director” and substituting the following:

CYFSA definitions apply

(1) The definitions in the Child, Youth and Family Services Act, 2017 apply to this rule and, in particular,

. . . . .

(2) The definition of “Act” in subrule 34 (2) of the Regulation is amended by striking out “the Child and Family Services Act” at the end and substituting “the Child, Youth and Family Services Act, 2017”.

(3) Subrule 34 (2) of the Regulation is amended by adding the following definition:

“old Act” means the Child and Family Services Act, as it read immediately before its repeal. (“ancienne loi”)

(4) Paragraph 2 of subrule 34 (4) of the Regulation is amended by striking out “subsection 137 (9)” and substituting “subsection 180 (9)”.

(5) Paragraph 3 of subrule 34 (4) of the Regulation is amended by striking out “a Crown ward” and substituting “in extended society care”.

(6) Paragraph 5 of subrule 34 (4) of the Regulation is amended by striking out “subsection 149 (1) or (6)” and substituting “subsection 202 (1) or (7)”.

(7) Paragraph 6 of subrule 34 (4) of the Regulation is amended by striking out “an Indian or a native person” at the end and substituting “a First Nations, Inuk or Métis person”.

(8) Subrule 34 (5) of the Regulation is amended by striking out “subsection 149 (5) or (6)” and substituting “subsection 202 (6) or (7)”.

(9) Subrule 34 (6) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

Additional Material — Child in extended society care

(6) If the child is in extended society care, the following shall also be filed with the application:

.  . . . .

(10) Paragraph 1.1 of subrule 34 (6) of the Regulation is amended by striking out “subsection 58 (1)” in the portion before subparagraph i and substituting “Part V”.

(11) Paragraph 1.1 of subrule 34 (6) of the Regulation is amended by adding the following subparagraph:

0.i a copy of each access order,

(12) Subparagraphs 1.1 i, ii and iii of subrule 34 (6) of the Regulation are revoked and the following substituted:

i. copies of every notice given under subsection 195 (2) or 197 (2) of the Act or, if applicable, section 145.1.1 of the old Act,

ii. for each notice,

A. proof of service of the notice including, if applicable, a copy of an order permitting service by a method chosen by the court, or

B. a copy of an order that notice is not required, and

(13) Paragraph 2 of subrule 34 (6) of the Regulation is amended by striking out “subsection 58 (1)” and substituting “Part V”.

(14) Paragraph 3 of subrule 34 (6) of the Regulation is amended by striking out “Crown wardship” at the end and substituting “extended society care”.

(15) Paragraphs 5 and 6 of subrule 34 (6) of the Regulation are revoked and the following substituted:

5. An affidavit (Form 34G.1), signed by a person delegated by the local director of the children’s aid society that has placed the child for adoption, stating,

i. that the person has made reasonable inquiries as to whether there is any outstanding access order respecting the child and that, to the best of the person’s knowledge, there is no such order, and

ii. that there is no appeal in progress from an order referred to in paragraph 2 or 3, or that the appeal period has expired without an appeal being filed, or that an appeal was filed but has been withdrawn or finally dismissed.

6. If the child is a First Nations, Inuk or Métis person, proof that the written notice of intention to begin planning for the adoption of the child required under section 186 of the Act or, if applicable, section 141.2 of the old Act, was given.

(16) Subrule 34 (7) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

ADDITIONAL MATERIAL — CHILD NOT in Extended Society Care

(7) If the child is not in extended society care and is placed for adoption by a licensee or children’s aid society, the following shall also be filed with the application:

. . . . .

(17) Paragraph 3 of subrule 34 (7) of the Regulation is amended by,

(a) striking out “section 137” and substituting “section 180”; and

(b) striking out “section 138” and substituting “section 181”.

(18) Paragraph 6 of subrule 34 (7) of the Regulation is revoked and the following substituted:

6. If the child is a First Nations, Inuk or Métis person and is placed by a licensee, proof that any written notice of intention to place the child for adoption required by the regulations made under the Act or, if applicable, the old Act, was given.

7. If the child is a First Nations, Inuk or Métis person and is placed by a children’s aid society, proof that the written notice of intention to begin planning for the adoption of the child required under section 186 of the Act or, if applicable, section 141.2 of the old Act, was given.

(19) Subrule 34 (8) of the Regulation is amended by adding “and the child was a resident of Canada before being placed for adoption” after “the child’s parent”.

(20) Clause 34 (9) (a) of the Regulation is amended by striking out “subsection 137 (8)” and substituting “subsection 180 (8)”.

(21) Subrule 34 (13.1) of the Regulation is amended by,

(a) striking out “subsection 137 (2)” in the portion before paragraph 1 and substituting “subsection 180 (2)”; and

(b) striking out “subsection 137 (8)” in the portion before paragraph 1 and substituting “subsection 180 (8)”.

(22) Subrule 34 (13.2) of the Regulation is amended by,

(a) striking out “subsection 137 (6)” in the portion before paragraph 1 and substituting “subsection 180 (6)”; and

(b) striking out “subsection 137 (8)” in the portion before paragraph 1 and substituting “subsection 180 (8)”.

(23) Subrule 34 (14) of the Regulation is amended by striking out “subsection 139 (1)” in the portion before clause (a) and substituting “subsection 182 (1)”.

(24) Subrule 34 (17) of the Regulation is amended by striking out “Part VII” in the portion before clause (a) and substituting “Part VIII”.

(25) Clause 34 (17) (b) of the Regulation is amended by striking out “section 145.1” and substituting “section 194”.

(26) Clause 34 (17) (b.1) of the Regulation is amended by striking out “section 145.1.2” and substituting “section 196 or 197”.

(27) Clauses 34 (17) (e), (f) and (g) of the Regulation are revoked and the following substituted:

(e) the notice of intention to place a child for adoption to be served under subsection 195 (2) of the Act shall be in Form 8D.2; and

(f) the notice of intention to place a First Nations, Inuk or Métis child for adoption to be served under subsection 197 (2) of the Act on the child and on a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities, shall be in Form 8D.3.

(28) Subrule 34 (18) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

Service of Notice of Intention to Place a Child for Adoption

(18) In an application for an order under subsection 195 (5) or clause 197 (4) (b) of the Act to allow another method of service of the notice of intention to place a child for adoption (Form 8D.2 or 8D.3), or for an order under subsection 195 (6) or clause 197 (4) (b) of the Act that notice is not required,

. . . . .

(29) Clause 34 (18) (b) of the Regulation is revoked and the following substituted:

(b) the respondent is the person who is entitled to receive notice under subsection 195 (2) or 197 (2) of the Act;

(30) Clause 34 (18) (c) of the Regulation is amended by striking out “Child and Family Services Act” and substituting “Child, Youth and Family Services Act, 2017”.

(31) Clause 34 (18) (d) of the Regulation is amended by striking out “was made a Crown ward” at the end and substituting “was ordered into extended society care”.

(32) The Table to subrule 34 (19) of the Regulation is amended by striking out the first row and substituting the following:

 

Column 1
Step in the case

Column 2
Maximum time for completion, from the date the application is filed

 

19. (1) Subrule 36 (5) of the Regulation is revoked and the following substituted:

Divorce Based on Affidavit Evidence

(5) An affidavit in Form 36 containing the following information shall be filed in accordance with subrule (5.1):

1. Confirmation that all the information in the application is correct, except as stated in the affidavit.

2. If no marriage certificate or marriage registration certificate has been filed, sufficient information to prove the marriage.

3. Proof of any previous divorce or the death of a party’s previous spouse, unless the marriage took place in Canada.

4. The information about arrangements for support of any children of the marriage required by paragraph 11 (1) (b) of the Divorce Act (Canada), and the income and financial information required by section 21 of the child support guidelines attached as exhibits.

5. Any other information necessary for the court to grant the divorce.

When Requirement Applies

(5.1) The affidavit referred to in subrule (5) shall be filed,

(a) by the applicant, if the respondent files no answer or files an answer and later withdraws it; or

(b) in the case of a joint application, by the applicants.

(2) Rule 36 of the Regulation is amended by adding the following subrules:

Electronic filing of joint application

(6.1) Subject to subrule (6.2), a joint application under clause (1) (b) may be filed electronically, provided that the following documents are filed electronically together with the application:

1. The affidavits of the parties (Form 36).

2. A marriage certificate or marriage registration certificate, unless the application states that it is impractical to obtain a certificate and explains why.

3. A draft divorce order (Form 25A).

4. If the divorce order is to contain a support order,

i. a draft support deduction order,

ii. the support deduction order information form prescribed under the Family Responsibility and Support Arrears Enforcement Act, 1996, and

iii. the financial statements (Form 13) required by rule 13, if any.

5. If the divorce order is to contain an order for custody or access to a child, every affidavit in support of claim for custody or access (Form 35.1) required by rule 35.1.

6. Any supporting documents required under these rules to be filed with a document referred to in paragraphs 1 to 5.

7. Any other document the parties intend to file with the application, provided that it may be filed using the authorized software.

Where Not Available

(6.2) Subrule (6.1) does not apply if,

(a) the marriage certificate or marriage registration certificate was issued outside Canada and not in electronic format;

(b) in addition to the joint claim for a divorce, the application contains a claim for relief that is not a joint claim for support or a joint claim for custody or access to a child; or

(c) the authorized software does not permit electronic filing under subrule (6.1) for the municipality in which the application would otherwise be filed in paper format under rule 5.

Non-Application of subrule (6)

(6.3) Subrule (6) does not apply if a joint application is filed electronically in accordance with subrule (6.1).

Continuing Record

(6.4) Rule 9 (continuing record) does not apply to a joint application that is filed electronically in accordance with subrule (6.1) unless a party is required by subrule (6.6) to give documents to the clerk in paper format, in which case, unless the court orders otherwise, rule 9 applies as if the party were the person who started the case.

Electronic Issuance of joint application

(6.5) A joint application that is filed electronically in accordance with subrule (6.1) may be issued electronically.

Requirement to Give Documents in Paper Format

(6.6) If, after a joint application is filed electronically in accordance with subrule (6.1), a party intends or is required to file any other document in respect of the application, the party shall, unless the court orders otherwise, give to the clerk, in paper format, the joint application and every document filed with the application.

(3) Clause 36 (8) (a) of the Regulation is amended by striking out the portion before subclause (i) and substituting the following:

(a) check the continuing record or, if there is no continuing record, the court file, to verify that,

. . . . .

20. (1) Subrule 38 (2) of the Regulation is amended by striking out “the Child and Family Services Act” in the portion before paragraph 1 and substituting “the Child, Youth and Family Services Act, 2017”.

(2) Paragraph 6 of subrule 38 (2) of the Regulation is amended by striking out “subrule 62.02 (2)” and substituting “subrule 62.02 (5)”.

(3) Subrule 38 (3) of the Regulation is amended by striking out “the Child and Family Services Act” and substituting “the Child, Youth and Family Services Act, 2017”.

(4) Clause 38 (4) (c) of the Regulation is revoked and the following substituted:

(c) sections 121 and 215 of the Child, Youth and Family Services Act, 2017;

(5) Subclause 38 (5) (a) (iii) of the Regulation is revoked and the following substituted:

(iii) if the appeal is under section 121 of the Child, Youth and Family Services Act, 2017, every other person entitled to notice under subsection 79 (3) of that Act who appeared at the hearing; and

(6) Subrule 38 (7) of the Regulation is amended by striking out “the Child and Family Services Act” and substituting “the Child, Youth and Family Services Act, 2017”.

(7) Subrule 38 (21) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

TIMELINES FOR SERVING AND FILING OF RECORDS AND FACTUMS OTHER THAN IN CYFSA CASES

(21) Except for appeals in cases under the Child, Youth and Family Services Act, 2017, the following timelines for serving appeal records and factums apply:

. . . . .

(8) Subrule 38 (22) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

TIMELINES FOR SERVING AND FILING OF RECORDS AND FACTUMS IN CYFSA CASES

(22) For appeals of cases under the Child, Youth and Family Services Act, 2017, the following timelines for serving appeal records and factums apply:

. . . . .

(9) Subrule 38 (24) of the Regulation is amended by striking out “the Child and Family Services Act” and substituting “the Child, Youth and Family Services Act, 2017”.

21. Clause 39 (2) (c) of the Regulation is amended by striking out “the Child and Family Services Act” at the end and substituting “the Child, Youth and Family Services Act, 2017”.

22. Clause 40 (2) (c) of the Regulation is amended by striking out “the Child and Family Services Act” at the end and substituting “the Child, Youth and Family Services Act, 2017”.

23. (1) The Table of Forms to the Regulation is amended by striking out the rows for Forms 8B to 8D, 8D.2 and 8D.3, 10, 17B, 17D and 17E, 25B and 25C, 33 to 33D, 34A to 34I and 34K to 34N, and substituting the following:

 

8B

Application (child protection and status review)

March 1, 2018

8B.1

Application (status review for child in extended society care and child formerly in extended society care)

March 1, 2018

8B.2

Application (general) (Child, Youth and Family Services Act, 2017 cases other than child protection and status review)

March 1, 2018

8C

Application (secure treatment)

March 1, 2018

8D

Application (adoption)

March 1, 2018

 

. . . . .

 

8D.2

Notice of intention to place child(ren) for adoption

March 1, 2018

8D.3

Notice of intention to place First Nations, Inuk or Métis child for adoption

March 1, 2018

 

. . . . .

 

10

Answer

March 1, 2018

 

. . . . .

 

17B

Case conference brief for protection application or status review

March 1, 2018

 

. . . . .

 

17D

Settlement conference brief for protection application or status review

March 1, 2018

17E

Trial management conference brief

March 1, 2018

 

25B

Secure treatment order

March 1, 2018

25C

Adoption order

March 1, 2018

 

. . . . .

 

33

Information for warrant to bring a child to a place of safety

March 1, 2018

33A

Warrant to bring a child to a place of safety

March 1, 2018

33B

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

March 1, 2018

33B.1

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

March 1, 2018

33B.2

Answer (Child, Youth and Family Services Act, 2017 cases other than child protection and status review)

March 1, 2018

33C

Statement of agreed facts (child protection)

March 1, 2018

33D

Statement of agreed facts (status review)

March 1, 2018

 

. . . . .

 

34A

Affidavit of parentage

March 1, 2018

34B

Non-parent’s consent to adoption by spouse

March 1, 2018

34C

Director’s or local director’s statement on adoption

March 1, 2018

34D

Affidavit of adoption applicant(s), sworn/affirmed

March 1, 2018

34E

Director’s consent to adoption

March 1, 2018

34F

Parent’s or custodian’s consent to adoption

March 1, 2018

34G

Affidavit of adoption licensee or society employee

March 1, 2018

34G.1

Affidavit of society employee for adoption of a child in extended society care

March 1, 2018

34H

Affidavit of adopting relative or stepparent

March 1, 2018

34I

Parent’s consent to adoption by spouse

March 1, 2018

 

. . . . .

 

34K

Certificate of clerk (adoption)

March 1, 2018

34L

Application for openness order

March 1, 2018

34M

Consent to openness order under s. 194 of the Child, Youth and Family Services Act, 2017

March 1, 2018

34M.1

Consent to openness order under s. 196 or 197 of the Child, Youth and Family Services Act, 2017

March 1, 2018

34N

Application to change or terminate openness order

March 1, 2018

 

(2) The Table of Forms to the Regulation is amended by striking out the row for Form 8D.4.

(3) The Table of Forms to the Regulation is amended by striking out the rows for Forms 14 and 14C and substituting the following:

 

14

Notice of motion

March 1, 2018

 

. . . . .

 

14C

Confirmation of Motion

March 1, 2018

 

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

 

17F

Confirmation of Conference

March 1, 2018

 

(5) The row for Form 36A in the Table of Forms to the Regulation is amended by striking out “September 1, 2005” in the column titled “Date of Form” and substituting “March 1, 2018”.

Commencement

24. (1) Subject to subsections (2) and (3), this Regulation comes into force on the later of April 23, 2018 and the day it is filed.

(2) Sections 4 and 10, subsections 12 (1) to (5), section 14 and subsections 23 (3) and (4) come into force on the later of July 1, 2018 and the day this Regulation is filed.

(3) Section 1, subsections 3 (2), (4), (5) and (6), sections 5 to 9, section 11, subsection 12 (6), sections 13, 15, 17, 18 and 20 to 22 and subsections 23 (1) and (2) come into force on the later of the day section 350 of Schedule 1 (Child, Youth and Family Services Act, 2017) to the Supporting Children, Youth and Families Act, 2017 comes into force 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 to the Family Rules Committee

Date made: April 11, 2018
Pris le : 11 avril 2018

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

Le procureur général,

Yasir Naqvi

Attorney General

Date approved: April 23, 2018
Approuvé le : 23 avril 2018

 

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