O. Reg. 373/20: FAMILY LAW RULES

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ontario regulation 373/20

made under the

Courts of Justice Act

Made: June 25, 2020
Approved: July 14, 2020
Filed: July 15, 2020
Published on e-Laws: July 15, 2020
Printed in The Ontario Gazette: August 1, 2020

Amending O. Reg. 114/99

(FAMILY LAW RULES)

1. Ontario Regulation 114/99 is amended by adding the following rule:

Rule 1.2: Redactions and Omissions

REquirement to Redact, Omit

1.2 (1) After serving but before filing a document under these rules, including a financial statement (Form 13 or 13.1) or net family property statement (Form 13B or 13C), the party filing the document shall redact or omit from it and from any documents attached to it all identifying financial account numbers and personal identification numbers.

Examples

(2) Examples of information required to be redacted and omitted under subrule (1) include,

(a)  social insurance numbers;

(b)  bank or investment account numbers;

(c)  credit card account numbers; and

(d)  account numbers for mortgages, lines of credit or other loans.

Duty re Unredacted documents

(3) A party who files a document in which information is redacted or omitted before filing shall,

(a)  retain the complete, unredacted document;

(b)  ensure that the complete, unredacted document is accessible in every hearing and conference in the case following the filing of the document; and

(c)  if requested to do so by a judge at a hearing or conference, provide the complete, unredacted document to the judge.

2. (1) Clause 6 (2) (e) of the Regulation is revoked and the following substituted:

(e)  emailing a copy to the person’s lawyer or, if none, to the person, subject to any technical or other requirements that the court may specify.

(2) Paragraph 2 of subrule 6 (4.1) of the Regulation is revoked and the following substituted:

2.  A motion to change (Form 15), with all required attachments.

3. Subrule 13 (7.1) of the Regulation is amended by striking out “are not required to be filed” in the portion before paragraph 1 and substituting “shall not be filed”.

4. (1) Subrule 15 (5) of the Regulation is revoked and the following substituted:

Motion to Change

(5) Subject to subrules (17) and (18), a party who wants to ask the court to change a final order or agreement shall serve and file a motion to change (Form 15), with all required attachments.

(2) Clauses 15 (17) (a) and (b) of the Regulation are revoked and the following substituted:

(a)  a consent motion to change (Form 15C), with all required attachments;

(3) Subrule 15 (20) of the Regulation is amended by striking out “every change information form (Form 15A)” and substituting “every motion to change (Form 15), consent motion to change (Form 15C)”.

(4) Subrule 15 (22) of the Regulation is revoked and the following substituted:

Affidavit may be Filed

(22) A party who wants to ask the court to change a final order or agreement other than on the consent of the parties may, instead of completing Parts C and D of the motion to change (Form 15), use an affidavit containing evidence necessary to satisfy the court that it should make the order asked for and, in that case, the affidavit is deemed to be part of the motion to change.

(5) Subrule 15 (23) of the Regulation is amended by striking out “instead of relying on the relevant portions of the form to provide the evidence or in addition to those portions of the form” and substituting “instead of completing Parts C and D of the form or in addition to those Parts of the form”.

5. Rule 42 of the Regulation is amended by adding the following subrule:

Request for documents

(6) The Family Case Manager may request documents for the purposes of clause 1.2 (3) (c).

6. (1) The row for Form 15 in the Table of Forms to the Regulation is amended by striking out “April 12, 2016” in the column titled “Date of Form” and substituting “May 1, 2020”.

(2) The row for Form 15A in the Table of Forms to the Regulation is revoked.

(3) The row for Form 15B in the Table of Forms to the Regulation is amended by striking out “November 1, 2018” in the column titled “Date of Form” and substituting “May 1, 2020”.

Commencement

7. (1) Subject to subsection (2), this Regulation comes into force on the later of August 1, 2020 and the day this Regulation is filed.

(2) Subsection 2 (2) and sections 4 and 6 come into force on the later of September 1, 2020 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, Family Rules Committee

 

Date made: June 25, 2020
Pris le : 25 juin 2020

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

Le procureur général,

Doug Downey

Attorney General

Date approved: July 14, 2020
Approuvé le : 14 juillet 2020

 

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