O. Reg. 320/22: FAMILY LAW RULES
filed April 6, 2022 under Courts of Justice Act, R.S.O. 1990, c. C.43Skip to content
ontario regulation 320/22
made under the
Courts of Justice Act
Made: March 7, 2022
Approved: April 4, 2022
Filed: April 6, 2022
Published on e-Laws: April 7, 2022
Printed in The Ontario Gazette: April 23, 2022
Amending O. Reg. 114/99
(FAMILY LAW RULES)
1. (1) Subrule 1 (11) of Ontario Regulation 114/99 is amended by striking out the portion before the definition of “practice direction” and substituting the following:
(11) In subrules (12) and (12.1),
. . . . .
(2) Subrule 1 (12.2) of the Regulation is revoked.
2. Subrule 2 (1) of the Regulation is amended by adding the following definition:
“international child abduction case” means an application involving the alleged wrongful removal to or retention of a child in Ontario that is made under section 40 of the Children’s Law Reform Act or under the Convention on the Civil Aspects of International Child Abduction, set out in the Schedule to section 46 of that Act, if the removal or retention involves a jurisdiction outside Canada; (“cause portant sur l’enlèvement international d’un enfant”)
3. Subrule 3 (6) of the Regulation is amended by adding the following clause:
(c.1) rule 37.2 (international child abduction);
4. Rule 8 of the Regulation is amended by adding the following subrules:
International child abduction cases
(12) The clerk shall send a copy of an application in an international child abduction case to the Office of the Children’s Lawyer.
Same, Central Authority
(13) If the Office of the Children’s Lawyer receives a copy of an application under subrule (12) respecting an international child abduction case under the Convention on the Civil Aspects of International Child Abduction, the Children’s Lawyer shall send a copy of the application to the Central Authority for Ontario for the Convention set out in subsection 46 (4) of the Children’s Law Reform Act.
5. Subrule 8.1 (2) of the Regulation is amended by striking out “or” at the end of clause (d.1) and by adding the following clause:
(d.2) parties in international child abduction cases; or
6. (1) Subrule 17 (1) of the Regulation is amended by striking out “subrule (1.1)” and substituting “subrules (1.1) and (1.2)”.
(2) Rule 17 of the Regulation is amended by adding the following subrule:
Exception, international child abduction
(1.2) Subrule (1) does not apply in international child abduction cases.
(3) Rule 17 of the Regulation is amended by adding the following subrules:
Requirement for parties to confer
(3.1) Before a conference, each party shall, subject to subrule (3.2), confer or make best efforts to confer orally or in writing with every other party respecting,
(a) the parties’ requests for financial disclosure;
(b) a temporary resolution of the issues that are in dispute; and
(c) in the case of a settlement conference or trial management conference, a final resolution of the issues that are in dispute.
(3.2) Subrule (3.1) does not apply with respect to a party if,
(a) the party is prohibited from such communication by court order; or
(b) there is a risk of domestic violence by a party who is not represented by a lawyer.
Effect of failure to confer
(3.3) If a party fails to comply with subrule (3.1), the court may, for greater certainty, make any order under subrule 1 (8.1) that is appropriate in the circumstances, including,
(a) an order postponing the conference until the requirements of subrule (3.1) are met; and
(b) an order for costs, regardless of whether the conference is postponed.
(4) Subrules 17 (4.2), (4.3) and (4.4) of the Regulation are revoked.
7. The Regulation is amended by adding the following rule:
RULE 37.2: INTERNATIONAL CHILD ABDUCTION
37.2 (1) This rule applies to international child abduction cases.
Interpretation of rules
(2) For the purposes of subrules 2 (2) and (4), dealing with an international child abduction case justly includes applying these rules with a view to providing the timeliest and most efficient disposition of the case that is consistent with the principles of natural justice and fairness to the parties and every child involved in the case.
(3) An international child abduction case shall be disposed of promptly, and not later than six weeks after the case is commenced if Article 11 of the Convention on the Civil Aspects of International Child Abduction applies to the case.
Case management judge
(4) Wherever possible, a judge shall be assigned at the start of an international child abduction case to manage it and monitor its progress.
(5) A first meeting of the parties with a judge shall be held not later than seven days after the case is commenced.
(6) The clerk shall make best efforts to promptly notify the parties of the scheduling of the first meeting.
(7) At the first meeting, the judge,
(a) shall set a timetable for the service and filing of further materials in the case, as well as a hearing date; and
(b) may make any further order the judge considers necessary.
(8) Wherever possible, the hearing of the case shall be by the judge who attends the first meeting.
8. Clause 39 (2) (b) of the Regulation is amended by striking out “37 or 37.1” and substituting “37, 37.1 or 37.2”.
9. Clause 40 (2) (b) of the Regulation is amended by striking out “37 or 37.1” and substituting “37, 37.1 or 37.2”.
10. Clause 41 (2) (b) of the Regulation is amended by striking out “37 or 37.1” at the end and substituting “37, 37.1 or 37.2”.
11. (1) The rows for Forms 8 and 10 in the Table of Forms to the Regulation are amended by striking out the date in the column titled “Date of Form” and substituting “February 1, 2022”.
(2) The row for Form 8B in the Table of Forms to the Regulation is amended by striking out “December 1, 2020” in the column titled “Date of Form” and substituting “February 1, 2022”.
(2) Subsections 6 (3) and (4) and 11 (2) come into force on the later of May 1, 2022 and the day this Regulation is filed.
(3) Sections 2, 3, 4 and 5, subsections 6 (1) and (2), sections 7, 8, 9 and 10 and subsection 11 (1) come into force on October 3, 2022.
Pris par :
Family Rules Committee:
Le Comité des règles en matière de droit de la famille :
Secretary, Family Rules Committee
I approve this Regulation.
J’approuve le présent règlement.
Le procureur général,