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O. Reg. 522/21: FAMILY LAW RULES

filed July 12, 2021 under Courts of Justice Act, R.S.O. 1990, c. C.43

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ontario regulation 522/21

made under the

Courts of Justice Act

Made: June 7, 2021
Approved: June 29, 2021
Filed: July 12, 2021
Published on e-Laws: July 12, 2021
Printed in The Ontario Gazette: July 31, 2021

Amending O. Reg. 114/99

(FAMILY LAW RULES)

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

Certification of Documents

(10.1) The clerk may provide electronic certified copies of documents that are in a court file.

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

“trial sitting” means the period of time set by the court in which a trial will be scheduled to be held; (“session”)

3. The French version of clause 6 (19) (a) of the Regulation is amended by striking out “admission” and substituting “reconnaissance”.

4. (1) Subrule 13 (3.1) of the Regulation is amended by striking out “shall, before the deadline set out in subrule (3.2), serve with the financial statement the following information” in the portion before paragraph 1 and substituting “shall serve the following information in accordance with subrule (3.2)”.

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

Giving of Information Before Case Conference

(3.2.1) The party shall also give the information referred to in subrule (3.1) to the other party before any case conference in the case, unless the information has already been served on that party.

(3) Subclause 13 (5.0.2) (b) (i) of the Regulation is amended by striking out “seven” at the beginning and substituting “six”.

(4) Subrule 13 (11) of the Regulation is revoked and the following substituted:

INSUFFICIENT FINANCIAL INFORMATION

(11) If a party believes that the financial disclosure provided by another party under this rule, whether in a financial statement or otherwise, does not provide enough information for a full understanding of the other party’s financial circumstances,

(a) the party shall make a request in writing to the other party for the necessary additional information; and

(b) if any requested information is not given within seven days of the request, the court may, on motion or at a case conference or settlement conference, order the other party to give the information or to serve and file a new financial statement.

Same

(11.0.1) In seeking an order under clause (11) (b), the party shall specify in the motion, case conference brief or settlement conference brief the information that was requested under clause (11) (a) but not given.

(5) Subrules 13 (12), (12.1) and (12.2) of the Regulation are revoked and the following substituted:

Updating Financial Information

(12) Before a case conference, settlement conference, motion or trial, a party shall update their financial information by serving and filing the document specified in subrule (12.1) no later than the time specified in subrule (12.2), if the information in the last financial statement provided by the party would be,

(a) for a case conference or settlement conference, more than 60 days old by the time the conference is held;

(b) for a motion, more than 30 days old by the time the motion is heard; or

(c) for a trial, more than 40 days old by the earlier of the start of the trial and of the trial sitting, as applicable.

Document to be provided

(12.1) For the purposes of subrule (12), a party shall serve and file the following document:

1. If the information in the last statement has not changed, an affidavit saying that the information in the last statement has not changed and is still true.

2. If the information in the last statement has changed, the following document:

i. If the changes are only minor, an affidavit with details of the changes.

ii. In any other case, a new financial statement.

Timing Requirement

(12.2) A party shall serve and file the document referred to in subrule (12.1) no later than the following time:

1. For a case conference or settlement conference,

i. six days before the conference, in the case of the party requesting the conference or, if the conference is not requested by a party, the applicant or the party making the motion, as the case may be, and

ii. four days before the conference, in the case of the other party.

2. For a motion,

i. six days before the motion, in the case of the party making the motion, and

ii. four days before the motion, in the case of the other party.

3. For a trial, 30 days before the earlier of the start of the trial and of the trial sitting, as applicable.

(6) Clause 13 (13.1) (a) of the Regulation is amended by striking out “seven” at the beginning and substituting “six”.

(7) Subrule 13 (14) of the Regulation is revoked and the following substituted:

Net Family Property Statement

(14) Before a settlement conference or trial, each party to a property claim under Part I of the Family Law Act shall, no later than the time specified in subrule (14.0.1), serve and file,

(a) a net family property statement (Form 13B); or

(b) if the party has already served a net family property statement and the information in that statement has not changed, an affidavit saying that the information in the statement has not changed and is still true.

Same, Timing Requirement

(14.0.1) A party shall serve and file the document referred to in subrule (14) no later than,

(a) for a settlement conference,

(i) six days before the conference, in the case of the party requesting the conference or, if the conference is not requested by a party, the applicant or the party making the motion, as the case may be, and

(ii) four days before the conference, in the case of the other party; and

(b) for a trial, 30 days before the earlier of the start of the trial and of the trial sitting, as applicable.

(8) Subrule 13 (14.2) of the Regulation is amended by striking out “seven” and substituting “six”.

(9) The English version of subrule 13 (14.3) of the Regulation is amended by striking out “his or her own” in the portion before clause (a) and substituting “the party’s own”.

(10) Clause 13 (14.3) (a) of the Regulation is amended by striking out “seven” at the beginning and substituting “six”.

5. Subclause 14 (11) (e) (ii) of the Regulation is revoked and the following substituted:

(ii) sending it by email or submitting it through the Justice Services Online website referred to in subrule 1.1 (1).

6. (1) Clause 17 (4) (d) of the Regulation is revoked and the following substituted:

(d) ensuring disclosure of the relevant evidence, including the disclosure of financial information required to resolve any support or property issue;

(2) Subrule 17 (7) of the Regulation is revoked and the following substituted:

COMBINED CONFERENCE

(7) A judge may at any time order that part or all of a case conference, settlement conference and trial management conference be combined.

Combined case and settlement Conference Following Dispute Resolution

(7.1) A judge may at any time, on a motion in Form 14B or on the judge’s own initiative, order that all or part of a case conference and settlement conference be combined if,

(a) the parties have resolved or attempted to resolve one or more of the issues in the proceeding through participation in,

(i) a family mediation conducted by a person that the judge determines met the criteria established by the Ministry of the Attorney General to provide government-funded mediation services or was qualified to conduct family mediation by virtue of the person’s knowledge and experience in family law, or

(ii) a legal aid settlement conference conducted by a facilitator;

(b) the family mediation or legal aid settlement conference referred to in clause (a) included screening for power imbalances and domestic violence;

(c) the financial disclosure required in the case under these rules has been provided;

(d) no motions for a temporary order in the case are pending or are contemplated by any of the parties; and

(e) each party files a certificate of dispute resolution (Form 17G).

Same

(7.2) If a judge makes an order under subrule (7.1),

(a) for the purposes of subrule (13), each party shall serve and file a settlement conference brief in Form 17C;

(b) subrule (9) does not apply to the combined conference; and

(c) the steps required to be taken by the clerk under subrule 39 (5) or 40 (4), as the case may be, are not required to be taken on or before the date of the combined conference.

(3) Subclause 17 (14) (c) (ii) of the Regulation is revoked and the following substituted:

(ii) sending it by email or submitting it through the Justice Services Online website referred to in subrule 1.1 (1).

7. The French version of clause 21 (b) of the Regulation is amended by striking out “ou les aliments” and substituting “, les aliments ou l’éducation”.

8. (1) Subrule 23 (1) of the Regulation is amended by striking out “At least 30 days before the start of the trial” at the beginning and substituting “At least 20 days before the earlier of the start of the trial and of the trial sitting, as applicable”.

(2) Paragraph 3 of subrule 23 (1) of the Regulation is revoked and the following substituted:

3. Any documents required under subrules 13 (12) and (14) to be served and filed for the trial.

9. Rule 24 of the Regulation is amended by adding the following subrule:

Same, Opposing Party

(12.2) A party who opposes a claim for costs respecting fees or expenses shall provide documentation showing the party’s own fees and expenses to the court and to the other party.

10. (1) The heading to rule 42 of the Regulation is revoked and the following substituted:

RULE 42: Case Management by Associate Judge (Family Court of the Superior Court of Justice, Ottawa)

(2) Subrules 42 (2) and (3) of the Regulation are revoked and the following substituted:

PURPOSE

(2) The purpose of this rule is to promote the active management, in accordance with subrule 2 (5), of cases to which this rule applies by conferring specified family law jurisdiction on an associate judge assigned for the purpose by the regional senior judge.

(3) Rule 42 of the Regulation is amended by striking out “Family Case Manager” wherever it appears and substituting in each case “associate judge”.

11. (1) The rows for forms 13, 13.1, 13A and 13C in the Table of Forms to the Regulation are amended by striking out the date in the column titled “Date of Form” and substituting “May 1, 2021”.

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

17G

Certificate of dispute resolution

May 1, 2021

(3) The rows for Forms 33F and 35.1 in the Table of Forms to the Regulation are amended by striking out the date in the column titled “Date of Forms” and substituting “May 1, 2021”.

Commencement

12. (1) Subject to subsections (2), (3) and (4), this Regulation comes into force on the day it is filed.

(2) Subsections 6 (2) and 11 (2) come into force on the later of August 1, 2021 and the day this Regulation is filed.

(3) Sections 2, 4 and 5, subsections 6 (1) and (3), sections 8 and 9 and subsection 11 (1) come into force on the later of September 1, 2021 and the day this Regulation is filed.

(4) Section 10 comes into force on the later of the day subsection 11 (1) of Schedule 3 to the Accelerating Access to Justice Act, 2021 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: June 7, 2021
Pris le : 7 juin 2021

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

Le procureur général,

Doug Downey

Attorney General

Date approved: June 29, 2021
Approuvé le : 29 juin 2021

 

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