ONTARIO regulation 308/02

made under the

courts of justice act

Made: September 5, 2002
Approved: November 6, 2002
Filed: November 18, 2002
Printed in The Ontario Gazette: December 7, 2002

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

(Rules of Civil Procedure)

Note: Since the end of 2001, Regulation 194 has been amended by Ontario Regulation 206/02.  Previous amendments are listed in the Table of Regulations published in The Ontario Gazette dated January 19, 2002.

1. (1) Rule 1.03 of Regulation 194 of the Revised Regulations of Ontario, 1990 is amended by adding the following subrule:

Non-Application

(2) The definition of “information technology” in subrule (1) does not apply on and after January 1, 2004.

(2) Subsection 1 (2) of Ontario Regulation 427/01 is revoked.

2. (1) Rule 4.01 of the Regulation is amended by adding the following subrules:

Non-Application

(10) Subrules (3) to (9) do not apply on and after January 1, 2004.

Electronic Document

(11) On and after January 1, 2004, where these rules provide for the electronic issuing or filing of a document in a proceeding the document is sufficient, despite subrule (1), if it meets the standards of the software authorized by the Ministry of the Attorney General.

(2) Subsection 4 (2) of Ontario Regulation 427/01 is revoked.

3. (1) Rule 4.04 of the Regulation is amended by adding the following subrules:

Non-Application

(2) Subrule (1) does not apply on and after January 1, 2004.

Notice to be in Writing

(3) On and after January 1, 2004, where these rules require notice to be given, it shall be given in writing.

(2) Subsection 5 (2) of Ontario Regulation 427/01 is revoked.

4. (1) Subrule 4.05 (1.2) of the Regulation is amended by striking out “issued under subrule (1.1)” and substituting “issued under subrule (1.1) or (1.2.2)”. 

(2) Rule 4.05 of the Regulation is amended by adding the following subrules:

Non-Application

(1.2.1) Subrules (1.1) and (1.2) do not apply on and after January 1, 2004.

Electronic Issuing

(1.2.2) On and after January 1, 2004, where these rules provide for the electronic issuing of a document in a proceeding, the document may be issued electronically by using the authorized software.

(3) Subsection 6 (2) of Ontario Regulation 427/01 is revoked.

(4) Rule 4.05 of the Regulation is amended by adding the fol­lowing subrules:

Non-Application

(4.1.1) Subrule (4.1) does not apply on and after January 1, 2004.

Electronic Filing

(4.1.2) On and after January 1, 2004, where these rules provide for the electronic filing of a document in a proceeding, the document may be filed electronically by using the authorized software.

(5) Subsection 6 (5) of Ontario Regulation 427/01 is revoked.

5. Rule 4.05.2 of the Regulation is revoked and the following substituted:

USE OF ELECTRONIC DOCUMENTS

Issuing and Filing During Pilot Project Period

4.05.2 (1) Where an action has been commenced in a court office named in the Schedule to this subrule, on or after the date shown in the Schedule opposite the name of the court office, a lawyer or another person who has filed a requisition with the registrar may, subject to subrule (5), use electronic documents for issuing and filing in that action during the pilot project period at that court office.

Schedule

Barrie 114 Worsley Street Barrie, ON M4M 1M1	November 18, 2002
Brampton 7755 Hurontario Street Brampton, ON L6V 2M7	November 18, 2002
Cochrane 149 Fourth Avenue Cochrane, ON  P0L 1C0	November 22, 2001
Hamilton 45 Main Street East Hamilton, ON  L8N 2B7	November 22, 2001
Kitchener 20 Weber Street Kitchener, ON N2H 1C3	November 18, 2002
Ottawa 161 Elgin Street Ottawa, ON  K2P 2K1	November 18, 2002
Sault Ste. Marie 426 Queen Street East Sault Ste. Marie, ON P6A 1Z7	November 18, 2002
Whitby 605 Rossland Road Whitby, ON  L1N 9G7	November 18, 2002

 

(2) The pilot project period at a court office, for the purpose of subrule (1), is the period that begins on the date shown opposite the name of the court office in the Schedule to subrule (1) and ends on January 1, 2004.

Test Period

(3) The test period at a court office, for the purposes of subrules (4) and (5), is the period that begins on the date shown opposite the name of the court office in the Schedule to subrule (1) and ends three months later.

(4) The Attorney General shall establish a list of lawyers and other persons for the test period at a court office named in the Schedule to subrule (1), in accordance with the following rules:

1. Only a person who has demonstrated capacity and willingness to use information technology as defined in rule 1.03 may be named on the list.

2. The Attorney General may add persons to the list and remove persons from the list during the test period.

3. The Attorney General shall keep the list current and shall make copies available at the court office.

(5) During the test period, only a person who is named on the list may use electronic documents as provided in subrule (1).

Revocation

(6) This rule is revoked on January 1, 2004.