O. Reg. 42/21: FAMILY LAW RULES

Français

ontario regulation 42/21

made under the

Courts of Justice Act

Made: January 8, 2021
Approved: January 29, 2021
Filed: February 1, 2021
Published on e-Laws: February 2, 2021
Printed in The Ontario Gazette: February 20, 2021

Amending O. Reg. 114/99

(FAMILY LAW RULES)

1. Clause (a) of the definition of “recipient” in subrule 2 (1) of Ontario Regulation 114/99 is revoked and the following substituted:

(a)  a person who is entitled to money for the benefit of a child under a support order;

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

(b)  if the case deals with decision-making responsibility, parenting time or contact with respect to a child, in the municipality where the child habitually resides, except as provided for under section 22 of the Children’s Law Reform Act;

(b.1)  in a child protection case, in the municipality provided for under subsection 91 (2) of the Child, Youth and Family Services Act, 2017;

(b.2)  in an application for an adoption order, in the municipality provided for under subsection 203 (1) of the Child, Youth and Family Services Act, 2017; or

(2) Clause 5 (3) (b) of the Regulation is revoked and the following substituted:

(b)  the case deals with decision-making responsibility, parenting time or contact with respect to a child, or is a child protection case, and is started in the municipality where the child habitually resides;

(3) Clause 5 (3) (d) of the Regulation is amended by striking out “clause (1) (b)” and substituting “clause (1) (b), (b.1) or (b.2)”.

(4) Clause 5 (6) (a) of the Regulation is revoked and the following substituted:

(a)  if the order involves decision-making responsibility, parenting time or contact with respect to a child,

(i)  in the municipality where the child habitually resides, or

(ii)  if the child does not habitually reside in Ontario, in the municipality to which the child has the closest connection;

3. (1) Subrule 7 (2) of the Regulation is amended by striking out “custody, access” and substituting “decision-making responsibility, parenting time, contact”.

(2) Paragraph 1 of subrule 7 (4) of the Regulation is revoked and the following substituted:

1.  A case about decision-making responsibility, parenting time or contact with respect to a child.

(3) Subrule 7 (5.1) of the Regulation is amended by striking out “a custody, access, child protection, adoption or child support case” and substituting “a case about decision-making responsibility, parenting time, contact, child protection, adoption or child support”.

4. Subrule 8 (3.1) of the Regulation is revoked and the following substituted:

Claim relating to decision-making responsibility, parenting time or contact

(3.1) An application containing a claim respecting decision-making responsibility, parenting time or contact with respect to a child shall be accompanied by the applicable documents referred to in rule 35.1.

5. Paragraph 1 of subrule 8.1 (1) of the Regulation is revoked and the following substituted:

1.  A claim respecting decision-making responsibility, parenting time or contact with respect to a child under the Divorce Act (Canada) or Part III of the Children’s Law Reform Act.

6. Subrule 10 (4.1) of the Regulation is revoked and the following substituted:

Claim relating to decision-making responsibility, parenting time or contact

(4.1) An answer containing a claim respecting decision-making responsibility, parenting time or contact with respect to a child shall be accompanied by the applicable documents referred to in rule 35.1.

7. (1) Clause 11 (2.1) (b) of the Regulation is revoked and the following substituted:

(b)  the respondent may serve and file an amended answer and plan of care, but no later than,

(i)  30 days after being served under clause (a), if service was within Canada or the United States of America, or

(ii)  60 days after being served under clause (a), if service was outside Canada or the United States of America.

(2) Subrule 11 (3.1) of the Regulation is revoked and the following substituted:

Claim relating to decision-making responsibility, parenting time or contact

(3.1) If an application or answer is amended to include a claim respecting decision-making responsibility, parenting time or contact with respect to a child that was not in the original application or answer, the amended application or amended answer shall be accompanied by the applicable documents referred to in rule 35.1.

8. Subrule 13 (3) of the Regulation is revoked and the following substituted:

claim relating to decision-making responsibility, parenting time or contact

(3) If an application, answer or motion contains a claim respecting decision-making responsibility, parenting time or contact with respect to a child and this rule does not otherwise require the parties to serve and file financial statements, the court may order each party to serve and file a financial statement in Form 13 within the time decided by the court.

9. Subrule 14 (3) of the Regulation is amended by striking out “custody, access” and substituting “decision-making responsibility, parenting time, contact”.

10. (1) Subrule 15 (5.1) of the Regulation is revoked and the following substituted:

Claim relating to decision-making responsibility, parenting time or contact

(5.1) If the motion includes a claim respecting decision-making responsibility, parenting time or contact with respect to a child, the documents referred to in subrule (5) shall be accompanied by the applicable documents referred to in rule 35.1.

(2) Subrule 15 (20) of the Regulation is amended by striking out “custody, access” and substituting “decision-making responsibility, parenting time, contact”.

11. Paragraph 1 of subrule 20.2 (8) of the Regulation is revoked and the following substituted:

1.  A claim respecting decision-making responsibility, parenting time or contact with respect to a child, unless the court orders otherwise.

12. (1) Rule 21 of the Regulation is amended by striking out “custody of or access to a child” in the portion before clause (a) and substituting “decision-making responsibility, parenting time or contact with respect to a child”.

(2) Clause 21 (b) of the Regulation is amended by striking out “the child’s custody, access, support, health or education” and substituting “issues of decision-making responsibility, parenting time, contact, support or education in relation to the child”.

(3) Clause 21 (c) of the Regulation is amended by striking out “the child’s custody, access, support, health or education” and substituting “issues of decision-making responsibility, parenting time, contact, support or education in relation to the child”.

13. Paragraph 3.1 of subrule 23 (1) of the Regulation is amended by striking out “a claim for custody of or access to a child” and substituting “a claim respecting decision-making responsibility, parenting time or contact with respect to a child”.

14. Paragraph 1 of subrule 24 (13) of the Regulation is amended by striking out “ordinarily resides” and substituting “habitually resides”.

15. Subrule 26 (16) of the Regulation is revoked and the following substituted:

Place of registration of parenting order or contact order under the divorce Act (Canada)

(16) If a person wants to enforce a parenting order or contact order that is made under the Divorce Act (Canada) outside Ontario, the order shall be registered in a court, as defined in subsection 20 (1) of that Act, in accordance with clause 5 (6) (a) of these rules.

16. Paragraph 1 of subrule 34 (7) of the Regulation is amended by striking out “custody or access order” and substituting “parenting order”.

17. Rule 35.1 of the Regulation is revoked and the following substituted:

Rule 35.1: decision-making responsibility, parenting time and contact

Affidavit

35.1 (1) If an application, answer or motion to change a final order contains a claim respecting decision-making responsibility, parenting time or contact with respect to a child, the party making the claim shall serve and file with the document that contains the claim,

(a)  an affidavit in Form 35.1 and, if the child or any party to the case has been involved in a child protection case or has received services from a child protection agency, an affidavit in Form 35.1A; and

(b)  any other documents required by this rule.

Continuing Record, Exception

(2) Form 35.1A shall not be filed in the continuing record.

POLICE RECORDS CHECK

(3) Every person who makes a claim for decision-making responsibility with respect to a child and who is not a parent of the child shall attach to Form 35.1,

(a)  a police records check obtained not more than 60 days before the person starts the claim; or

(b)  if the person requested the police records check for the purposes of the claim but has not received it by the time the person starts the claim, proof of the request.

SAME

(4) If clause (3) (b) applies, the person shall serve and file the police records check no later than 10 days after receiving it.

REQUEST FOR REPORT FROM CHILDREN’S AID SOCIETY

(5) Every person required to submit a request under subsection 21.2 (2) of the Children’s Law Reform Act for a report from a children’s aid society shall provide to the court a copy of the request together with Form 35.1.

DOCUMENTS SHALL BE REFUSED

(6) If these rules require a document to be accompanied by the applicable documents referred to in this rule, the clerk shall not accept the document for filing without,

(a)  an affidavit in Form 35.1 and, if applicable, in Form 35.1A; and

(b)  the documents referred to in subrules (3) and (5), if applicable.

CORRECTIONS AND UPDATES

(7) As soon as a person discovers that information in the person’s affidavit is incorrect or incomplete, or that there has been a change in the information provided in the affidavit, the person shall immediately serve and file,

(a)  a new affidavit in Form 35.1 or Form 35.1A, as the case may be, containing the correct or updated information; or

(b)  if the correction or change is minor, an affidavit in Form 14A describing the correction or change and indicating any effect it has on the person’s plan for the care and upbringing of the child.

ASSOCIATED CASES

(8) If the clerk provides to a person making a claim for decision-making responsibility with respect to a child information in writing under subsection 21.3 (1) of the Children’s Law Reform Act respecting any current or previous family proceedings involving the child or any person who is a party to the claim and who is not a parent of the child, the person shall serve a copy of the written information on every other party.

SAME

(9) If the written information provided by the clerk identifies family proceedings in which the person making the claim was not or is not actually involved, the person making the claim may serve with the copy of the information an affidavit in Form 14A identifying those proceedings.

18. Paragraphs 6 and 7 of subrule 42 (8) of the Regulation are revoked and the following substituted:

6.  A temporary parenting order or contact order under the Children’s Law Reform Act or the Divorce Act (Canada).

19. (1) The rows for Forms 8, 8A, 8B, 10, 15, 15B, 15C, 15D, 17A, 17C, 17E, 23C, 25, 25D, 32.1, 33B.1, 34A, 34F, 34G, 34H, 34I and 34K in the Table of Forms to the Regulation are amended by striking out the date in the column titled “Date of Form” and substituting “December 1, 2020”.

(2) The row for Form 35.1 in the Table of Forms to the Regulation is struck out and the following substituted:

 

35.1	Affidavit (decision-making responsibility, parenting time, contact)	December 1, 2020
35.1A	Affidavit (child protection information)	December 1, 2020

 

(3) The row for Form 36 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 “December 1, 2020”.

Commencement

20. This Regulation comes into force on the later of the day section 2 of Schedule 1 to the Moving Ontario Family Law Forward Act, 2020 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, Rules committee

Date made: January 8, 2021
Pris le : 8 janvier 2021

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

Le procureur général,

Doug Downey

Attorney General

Date approved: January 29, 2021
Approuvé le : 29 janvier 2021

 

Français