O. Reg. 221/25: RULES OF CIVIL PROCEDURE, Filed September 22, 2025 under Courts of Justice Act, R.S.O. 1990, c. C.43

ontario regulation 221/25

made under the

Courts of Justice Act

Made: August 26, 2025
Approved: September 19, 2025
Filed: September 22, 2025
Published on e-Laws: September 22, 2025
Published in The Ontario Gazette: October 11, 2025

Amending Reg. 194 of R.R.O. 1990

(RULES OF CIVIL PROCEDURE)

1. Rule 4.05 of Regulation 194 of the Revised Regulations of Ontario, 1990 is amended by adding the following subrule:

Documents Issued, Filed using Teranet Software

(9) Subrule (8) does not apply with respect to the issuance or filing of a document using the Teranet software, as defined in rule 60.07.

2. (1) Subrule 4.05.2 (2) of the Regulation is revoked and the following substituted:

Documents That May be Filed

(2) Any document that may or must be filed under these rules may be filed electronically by submitting the document through the Civil Submissions Online Portal if the Civil Submissions Online Portal provides for the electronic filing of the document, other than the following documents:

1. A document listed under subrule 4.05.1 (2).

2. A document that may or must be filed with the sheriff by an authorized Teranet user using the Teranet software, as those terms are defined in rule 60.07.

(2) Subrule 4.05.2 (6) of the Regulation is amended by striking out “or that is issued for the purposes of rule 60.07”.

(3) Subrule 4.05.2 (12) of the Regulation is amended by adding “following submission through the Civil Submissions Online Portal” after “is not accepted by the registrar for filing or issuance”.

3. Paragraph 2 of subrule 15.01.1 (1.1) of the Regulation is revoked and the following substituted:

2. Clause (a) of the definition of “authorized Teranet user” in subrule 60.07 (0.1).

4. Subrule 60.02 (3) of the Regulation is revoked and the following substituted:

Electronic Declaration

(3) Where a party may enforce payment of costs, payment may be enforced by a writ of seizure and sale (Form 60A) issued under rule 60.07 by the making of a declaration by an authorized Teranet user through the Teranet software, as those terms are defined in that rule, setting out the basis of the entitlement to costs.

5. (1) Rule 60.07 of the Regulation is amended by adding the following subrule:

Writ of Seizure and Sale

Definitions

(0.1) In this rule,

“authorized Teranet user” means,

(a) a lawyer or a person licensed under the Law Society Act to provide legal services in Ontario, or

(b) a Minister or body acting under the authority of an Act of Canada or Ontario; (“utilisateur autorisé de Teranet”)

“Teranet software” means the software developed by Teranet Inc. that is authorized by the Ministry of the Attorney General for the purposes of this rule. (“logiciel de Teranet”)

(2) Subrules 60.07 (1.1) to (1.3) of the Regulation are revoked and the following substituted:

Issuance Through Teranet Software

(1.1) An authorized Teranet user may request the issue of one or more writs of seizure and sale through the Teranet software instead of filing the documents referred to in subrule (1) with the registrar.

(1.2) If a Minister or body is entitled under an Act of Canada or Ontario to file a document in the Superior Court of Justice and have it entered and enforced as if it were an order of the court, the document may be enforced by one or more writs of seizure and sale without being filed with the court by requesting the issue of the writ or writs through the Teranet software.

(1.3) On the making of a request under subrule (1.2), the document is deemed to have been entered as an order of the Superior Court of Justice.

(1.4) A writ of seizure and sale that is requested through the Teranet software under subrule (1.1) or (1.2) shall be issued through that software.

(3) Subrules 60.07 (5.2) and (5.3) of the Regulation are revoked and the following substituted:

(5.2) A writ of seizure and sale that is being filed with the sheriff,

(a) may be filed electronically by an authorized Teranet user using the Teranet software; or

(b) if the writ was issued through the Teranet software, must be filed electronically by an authorized Teranet user using the Teranet software.

Error in Writ Issued Through Teranet Software

(5.3) A creditor who discovers that a writ of seizure and sale that was issued using the Teranet software contains an error may, no later than two business days after the writ was filed with the sheriff, use that software to correct the error.

(4) Subrule 60.07 (6) of the Regulation is revoked and the following substituted:

Duration

(6) A writ of seizure and sale expires on the sixth anniversary of the date of its issue or, if it is renewed under subrule (8) or (9), on the sixth anniversary of the date on which it would have expired had it not been renewed.

(5) Subrule 60.07 (8) of the Regulation is revoked and the following substituted:

Renewal

(8) A writ of seizure and sale that is filed with a sheriff may be renewed before its expiration by filing a request to renew (Form 60E) with the sheriff, who shall record the date of the renewal and the new expiration date. 

(6) Subrule 60.07 (8.1) of the Regulation is revoked and the following substituted:

(8.1) A request to renew may be filed electronically by an authorized Teranet user using the Teranet software.

(7) Rule 60.07 of the Regulation is amended by adding the following subrule:

(9.1) A request to renew under subrule (8) or requisition to renew under subrule (9) may only be filed during the six year period preceding the expiry to which the request or requisition relates.

(8) Subrule 60.07 (11) of the Regulation is amended by adding “and” at the end of clause (a), by striking out “and” at the end of clause (b) and by revoking clause (c).

(9) Subrule 60.07 (11.1) of the Regulation is revoked and the following substituted:

(11.1) Amendments to a writ made under subrule (11) may be filed with the sheriff electronically by an authorized Teranet user using the Teranet software.

(10) Subrule 60.07 (12) of the Regulation is amended by striking out “name and address” and substituting “name, address, telephone number and e-mail address (if any)”.

(11) Subrule 60.07 (12.1) of the Regulation is revoked and the following substituted:

Change in Contact Information

(12.1) If, after the writ has been filed with the sheriff, the address, telephone number or e-mail address of the creditor or the creditor’s lawyer changes, the creditor shall file with the sheriff a requisition containing the new information and a request to change the information for the writ.

(12) Subrule 60.07 (12.2) of the Regulation is amended by striking out “name and address” and substituting “name, address, telephone number and e-mail address (if any)”.

(13) Subrule 60.07 (12.3) of the Regulation is revoked and the following substituted:

Electronic Filing

(12.3) A requisition under subrule (12.1) or (12.2) may be filed electronically by an authorized Teranet user using the Teranet software.

(14) Subrule 60.07 (13.0.1) of the Regulation is revoked.

(15) Subrule 60.07 (13.6) of the Regulation is amended by striking out “to the creditor, by mail addressed to the creditor at the address indicated for the writ” at the end and substituting “to the creditor or the creditor’s lawyer, by mail or e-mail to the address shown on the writ”.

(16) Clauses 60.07 (16) (a) and (b) of the Regulation are revoked and the following substituted:

(a) mailed or e-mailed to the creditor or the creditor’s lawyer and to the debtor, to the addresses shown on the writ for each, at least 10 days before the sale; and

(b) advertised in a manner that, in the sheriff’s opinion, is likely to bring it to the public’s attention and realize the best price that can be obtained under the circumstances.

(17) Clauses 60.07 (19) (a) to (c) of the Regulation are revoked and the following substituted:

(a) mailed or e-mailed to the creditor or the creditor’s lawyer and to the debtor, to the addresses shown on the writ for each, at least 30 days before the sale;

(b) published in The Ontario Gazette once at least 30 days before the sale and advertised in a manner that, in the sheriff’s opinion, is likely to bring it to the public’s attention and realize the best price that can be obtained under the circumstances; and

(c) posted in a conspicuous place in the sheriff’s office for at least 30 days before the sale.

(18) The English version of subrule 60.07 (21) of the Regulation is amended by striking out “in all the circumstances” and substituting “under the circumstances”.

(19) Subrule 60.07 (24) of the Regulation is amended by adding “under the circumstances” at the end.

(20) Subrule 60.07 (25) of the Regulation is revoked.

6. Subrule 60.07.1 (3) of the Regulation is revoked.

7. (1) Subrule 60.08 (6) of the Regulation is amended by striking out “shall send a copy of each notice of garnishment to the sheriff” and substituting “shall make a copy of each notice of garnishment and of the requisition and affidavit available to the sheriff”.

(2) Subrule 60.08 (6.4) of the Regulation is amended by striking out “shall send a copy of each notice of renewal of garnishment to the sheriff” and substituting “shall make a copy of each notice of renewal of garnishment and of the requisition and affidavit available to the sheriff”.

(3) Rule 60.08 of the Regulation is amended by adding the following subrule:

Suspension of Payments

(16.1.1) The sheriff shall, on receiving a copy of a notice of a motion for a garnishment hearing, suspend the making of payments to the creditor under the notice of garnishment until the court determines the motion or the motion is abandoned or deemed to have been abandoned, as the case may be.

8. Rule 60.10 of the Regulation is amended by adding the following subrule:

Eviction Orders under Residential Tenancies Act, 2006

(4) For the purposes of subrule (3) and section 85 of the Residential Tenancies Act, 2006, an eviction order under that Act that is filed with the sheriff remains in force for one year from the date on which the order takes effect and may, before its expiry, be renewed by order for a period of one year from each renewal.

9. Subrules 60.13 (2), (4) and (5) of the Regulation are amended by striking out “by mail addressed” wherever it appears and substituting in each case “by mail or e-mail”.

10. Subrule 60.14 (1) of the Regulation is amended by striking out “by mailing to the party or lawyer a sheriff’s report (Form 60N)” at the end and substituting “by mailing or e-mailing to the party or lawyer a sheriff’s report (Form 60N) to the address shown on the writ”.

11. (1) Subrule 60.15 (1) of the Regulation is amended by striking out “the writ shall be removed from the active file, transferred to a separate file of executed, expired and withdrawn writs and retained there” at the end and substituting “the writ shall be removed from the active file and transferred to a separate file of executed, expired and withdrawn writs”.

(2) Subrule 60.15 (2) of the Regulation is amended by striking out “it shall be removed from the active file, transferred to a separate file of executed, expired and withdrawn writs and retained there” at the end and substituting “it shall be removed from the active file and transferred to a separate file of executed, expired and withdrawn writs”.

(3) Subrule 60.15 (3) of the Regulation is revoked and the following substituted:

Withdrawal of Writ by Person who Filed It

(3) A person who has filed a writ with a sheriff may withdraw it as against one or more of the debtors named in it by giving the sheriff written instructions to that effect.

(4) A withdrawal of writ may be filed electronically by an authorized Teranet user using the Teranet software, as those terms are defined in rule 60.07.

(4) Subrule 60.15 (6) of the Regulation is amended by striking out “by mail addressed” in the portion before clause (a) and substituting “by mail or e-mail”.

12. (1) Subrule 60.16 (1.1) of the Regulation is revoked and the following substituted:

(1.1) Notice under subrule (1) may be filed with the sheriff electronically by an authorized Teranet user using the Teranet software, as those terms are defined in rule 60.07.

(2) Subrule 60.16 (2) of the Regulation is amended by striking out “shall withdraw” and substituting “shall, in accordance with subrule 60.15 (3) or, if applicable, (4), withdraw”.

(3) Rule 60.16 of the Regulation is amended by adding the following subrules:

Statement of Amounts Paid, Owing

(4) A creditor shall, no later than 10 days after receiving a request from the sheriff to do so, file with the sheriff a statement setting out the following information, as of the date specified by the sheriff, respecting a writ of seizure and sale:

1. The payments made under the writ.

2. The amount owing, including postjudgment interest.

3. Details respecting how the postjudgment interest was calculated.

(5) A creditor may, at any time, file with the sheriff a statement setting out the information listed in subrule (4) respecting a writ of seizure and sale, as of the date specified by the creditor in the statement.

(6) A statement under subrule (4) or (5) may be filed electronically by an authorized Teranet user using the Teranet software, as those terms are defined in rule 60.07.

13. Rule 60.20 of the Regulation is revoked.

14. The rows for Forms 60A, 60E, 60H and 60H.1 in the Table of Forms to the Regulation are amended by striking out the date in the column titled “Date of Form” and substituting in each case “May 1, 2025”.

Commencement

15. This Regulation comes into force on the later of October 6, 2025 and the day this Regulation is filed.

Made by:
Pris par :

Civil Rules Committee:
Le Comité des règles en matière civile :

Shannon Chace

Executive Legal Officer/Avocate Directrice

Secretary of the Civil Rules Committee/

Secrétaire du Comité des règles en matière civile

Court of Appeal for Ontario  

Date made: August 26, 2025
Pris le : 26 août 2025

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

Le procureur général,

Doug Downey

Attorney General

Date approved: September 19, 2025
Approuvé le : 19 septembre 2025