O. Reg. 92/03: FAMILY LAW RULES, Filed March 21, 2003 under Courts of Justice Act, R.S.O. 1990, c. C.43
ontario regulation 92/03
made under the
courts of justice act
Made: February 11, 2003
Approved: March 19, 2003
Filed: March 21, 2003
Printed in The Ontario Gazette: April 5, 2003
Amending O. Reg. 114/99
(Family Law Rules)
Note: Since the end of 2002, Ontario Regulation 114/99 has been amended by Ontario Regulations 56/03 and 91/03. Previous amendments are listed in the Table of Regulations published in The Ontario Gazette dated January 18, 2003.
1. (1) Subrule 13 (1) of Ontario Regulation 114/99 is revoked and the following substituted:
FINANCIAL STATEMENT WITH APPLICATION, ANSWER OR MOTION
(1) If an application, answer or notice of motion contains a claim for support, a property claim, or a claim for exclusive possession of the matrimonial home and its contents,
(a) the party making the claim shall serve and file a financial statement (Form 13 or 13.1) with the document that contains the claim; and
(b) the party against whom the claim is made shall serve and file a financial statement within the time for serving and filing an answer, reply or affidavit in response to the motion, whether the party is serving an answer, reply or affidavit in response to the motion or not.
FORM 13 FOR SUPPORT CLAIM WITHOUT PROPERTY CLAIM
(1.1) If the application, answer or notice of motion contains a claim for support but does not contain a property claim or a claim for exclusive possession of the matrimonial home and its contents, the financial statement used by the parties under these rules shall be in Form 13.
FORM 13.1 FOR PROPERTY CLAIM WITH OR WITHOUT SUPPORT CLAIM
(1.2) If the application, answer or notice of motion contains a property claim or a claim for exclusive possession of the matrimonial home and its contents, the financial statement used by the parties under these rules shall be in Form 13.1, whether a claim for support is also included or not.
EXCEPTION, CERTAIN SUPPORT CLAIMS
(1.3) If the only claim for support contained in the application, answer or notice of motion is a claim for child support in the amount specified in the table of the applicable child support guidelines, the party making the claim is not required to file a financial statement, unless the application, answer or notice of motion also contains a property claim or a claim for exclusive possession of the matrimonial home and its contents.
TRANSITION
(1.4) A person who files a financial statement or a new financial statement on or after April 28, 2003, is required to use Form 13 or Form 13.1, as the case may be, as made by Ontario Regulation 92/03, even if the case was started before April 28, 2003.
(2) Subrule 13 (2) of the Regulation is amended by striking out “answer, reply or notice of motion” and substituting “answer or notice of motion”.
(3) Subrule 13 (3) of the Regulation is revoked and the following substituted:
FINANCIAL STATEMENTS IN CUSTODY and access CASES
(3) If an application, answer or notice of motion contains a claim for custody of or access 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.
(4) Subrule 13 (7) of the Regulation is revoked and the following substituted:
INCOME TAX DOCUMENTS REQUIRED
(7) The clerk shall not accept a party’s financial statement for filing unless,
(a) copies of the party’s income tax returns and notices of assessment for the three previous taxation years are attached as the form requires;
(b) the financial statement contains the party’s signed direction to the Canada Customs and Revenue Agency (Form 13A) for disclosure of the party’s income and deduction printouts; or
(c) the financial statement contains a sworn statement that the party is not required to file an income tax return because of the Indian Act (Canada).
2. Rule 23 of the Regulation is amended by adding the following subrule:
MEANING OF “CITY OR TOWN”
(4.1) For the purposes of subrule (4), a municipality shall be considered a city or town if it was a city or town on December 31, 2002.
3. (1) Forms 8 and 8A of the Regulation are revoked and the following substituted:
Form 8
Courts of Justice Act
application
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Form 8A
Courts of Justice Act
application (Divorce)
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(2) Forms 10 and 10A of the Regulation are revoked and the following substituted:
Form 10
Courts of Justice Act
answer
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Form 10A
Courts of Justice Act
reply
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(3) Form 13 of the Regulation is revoked and the following substituted:
Form 13
Courts of Justice Act
financial statement
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Form 13.1
Courts of Justice Act
financial statement
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(4) Form 17A of the Regulation is amended by striking out “(Form 13)” in the note preceding section 14 and substituting “(Form 13 or 13.1)”.
4. This Regulation comes into force on April 28, 2003.