ontario regulation 76/06

made under the

courts of justice act

Made: January 25, 2006
Approved: March 9, 2006
Filed: March 10, 2006
Published on e-Laws: March 13, 2006
Printed in The Ontario Gazette: March 25, 2006

Amending O. Reg. 114/99

(Family Law Rules)

1. (1) Subrule 1 (9) of Ontario Regulation 114/99 is revoked and the following substituted:

reference to forms

(9) In these rules, when a form is referred to by number, the reference is to the form with that number that is described in the Table of Forms at the end of these rules and is available on the Internet through www.ontariocourtforms.on.ca.

use of forms

(9.1) The forms authorized by these rules and set out in the Table of Forms shall be used where applicable and may be adjusted as needed to fit the situation.

(2) Subrule 1 (14) of the Regulation is revoked.

2. The definition of “continuing record” in subrule 2 (1) of the Regulation is revoked and the following substituted:

“continuing record” means the record made under Rule 9 containing, in accordance with these rules, written documents in a case that are filed with the court; (“dossier continu”)

3. Subrule 3 (6) of the Regulation is amended by striking out “or” at the end of clause (d), by adding “or” at the end of clause (e) and by adding the following clause:

(f) rule 41 (case management in the Superior Court of Justice (other than the Family Court of the Superior Court of Justice)).

4. (1) Paragraph 2 of subrule 9 (2) of the Regulation is revoked and the following substituted:

2. An uncontested divorce case in which divorce only is claimed, except that if the respondent files an answer, the respondent shall start the continuing record on filing the answer.

(2) Subrule 9 (4) of the Regulation is revoked and the following substituted:

child protection continuing record

(4) In an application for a child protection order or an application for a status review of a child protection order, the continuing record shall be called the child protection continuing record.

(3) Subrule 9 (5) of the Regulation is revoked.

(4) Subrule 9 (6) of the Regulation is revoked and the following substituted:

formal requirements of continuing record

(6) In preparing and maintaining a continuing record and support enforcement continuing record under this rule, the parties shall meet the requirements set out in the document entitled “Formal Requirements of the Continuing Record under the Family Law Rules”, dated November 1, 2005, published by the Family Rules Committee and available on the Internet through www.ontariocourtforms.on.ca.

formal requirements of child protection continuing record

(6.1) In preparing and maintaining a child protection continuing record under this rule, the parties shall meet the requirements set out in the document entitled “Formal Requirements of the Child Protection Continuing Record under the Family Law Rules”, dated November 1, 2005, published by the Family Rules Committee and available on the Internet through www.ontariocourtforms.on.ca.

(5) Paragraph 1 of subrule 9 (7) of the Regulation is amended by striking out “In any case” at the beginning and substituting “In a case other than a child protection case”.

(6) Subrule 9 (23) of the Regulation is revoked and the following substituted:

TRANSITIONAL PROVISION, CASES IN FAMILY COURT OF SUPERIOR COURT OF JUSTICE OR ONTARIO COURT OF JUSTICE

(23) Despite this rule, a case started in the Family Court of the Superior Court of Justice or the Ontario Court of Justice,

(a) before July 1, 2004, continues to be governed by this rule as it read on June 30, 2004, subject to subrule (24);

(b) on or after July 1, 2004 and before May 1, 2006, continues to be governed by this rule as it read on April 30, 2006.

TRANSITIONAL PROVISION, EXCEPTIONS

(24) Where a case was started in the Family Court of the Superior Court of Justice or the Ontario Court of Justice before July 1, 2004,

(a) a party in a case other than a child protection case may request that the continuing record be separated under paragraph 1 of subrule (7), and if the record is separated this rule applies to all documents filed thereafter;

(b) this rule, as it read on April 30, 2006, continues to govern the case if the continuing record was separated on or after July 1, 2004 and before May 1, 2006.

5. (1) Subrule 13 (1.4) of the Regulation is revoked.

(2) Paragraph 1 of subrule 13 (4) of the Regulation is amended by adding “(Form 13 or 13.1)” after “financial statement”.

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

financial statement with motion to refrain

(5.1) A payor who makes a motion to require the Director of the Family Responsibility Office to refrain from suspending the payor’s driver’s licence shall, in accordance with subsection 35 (7) of the Family Responsibility and Support Arrears Enforcement Act, 1996, serve and file with the notice of motion,

(a) a financial statement (Form 13 or 13.1) or a financial statement incorporated as Form 4 in Ontario Regulation 167/97 (General) made under that Act; and

(b) the proof of income specified in section 15 of the regulation referred to in clause (a).

(4) Subrules 13 (7) and (7.1) of the Regulation are revoked and the following substituted:

NOTICES OF ASSESSMENT REQUIRED

(7) The clerk shall not accept a party’s financial statement for filing unless,

(a) copies of the party’s 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 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).

exception

(7.0.1) Subrule (7) does not apply to a financial statement filed under subrule (5.1).

income tax returns

(7.1) Except in the case of a filing under subrule (5.1), income tax returns submitted in accordance with these rules are not required to be filed in the continuing record unless the court orders otherwise.

6. Subclause 25 (11) (b) (i) of the Regulation is revoked and the following substituted:

(i) if it is a support deduction order or alternative payment order under the Family Responsibility and Support Arrears Enforcement Act, 1996 or an order under the Interjurisdictional Support Orders Act, 2002, or

7. Subrule 29 (29) of the Regulation is amended by striking out “within 10 days” in the portion before clause (a) and substituting “within 10 days of the clerk notifying the recipient or the Director that a notice under subrule (26) was received”.

8. (1) Subrule 30 (8) of the Regulation is amended by striking out “clause 41 (9) (g) or (h)” and substituting “clause 41 (10) (h) or (i)”.

(2) Subrule 30 (9) of the Regulation is amended by striking out “subsection 41 (13) (variation of order)” and substituting “subsection 41 (15) (power to change order)”.

9. Subrule 33 (5) of the Regulation is amended by striking out “the case conference” and substituting “a conference”.

10. (1) Paragraph 6 of subrule 38 (2) of the Regulation is revoked and the following substituted:

6. The time period referred to in subrule 62.02 (2) for serving the notice of motion for leave to appeal shall be 30 days.

(2) Subrule 38 (24) of the Regulation is revoked and the following substituted:

prompt hearing of cfsa appeals

(24) An appeal under the Child and Family Services Act shall be heard within 60 days after the appellant’s factum and appeal record are filed.

(3) Subrule 38 (34) of the Regulation is amended by adding at the end “made under the temporary or final order”.

11. (1) Subrule 39 (2) of the Regulation is amended by striking out “or” at the end of clause (b), by adding “or” at the end of clause (c) and by adding the following clause:

(d) secure treatment cases under Part VI of the Child and Family Services Act.

(2) Subrule 39 (9) of the Regulation is amended by striking out “and” at the end of clause (d), by adding “and” at the end of clause (c) and by revoking clause (e).

(3) Rule 39 of the Regulation is amended by adding the following subrule:

judge may set clerk’s order aside

(14.1) The case management judge or another judge may, on motion, set aside an order of the clerk under subrule (12).

12. Subrule 40 (2) of the Regulation is amended by striking out “or” at the end of clause (b), by adding “or” at the end of clause (c) and by adding the following clause:

(d) secure treatment cases under Part VI of the Child and Family Services Act.

13. Rule 41 of the Regulation is amended by adding the following subrule:

judge may set clerk’s order aside

(9) A judge may, on motion, set aside an order of the clerk under subrule (6).

14. The Table of Forms to the Regulation is revoked and the following substituted:

TABLE OF FORMS

Form Number	Form Title	Date of Form
4	Notice of change in representation	September 1, 2005
6	Acknowledgment of service	September 1, 2005
6A	Advertisement	September 1, 2005
6B	Affidavit of service	September 1, 2005
8	Application (general)	September 1, 2005
8A	Application (divorce)	September 1, 2005
8B	Application (child protection and status review)	September 1, 2005
8C	Application (secure treatment)	September 1, 2005
8D	Application (adoption)	September 1, 2005
8D.1	Application (dispense with parent’s consent to adoption before placement)	September 1, 2005
8E	Summary of court cases	September 1, 2005
10	Answer	September 1, 2005
10A	Reply	September 1, 2005
12	Notice of withdrawal	September 1, 2005
13	Financial statement (support claims)	September 1, 2005
13.1	Financial statement (property and support claims)	September 1, 2005
13A	Direction to Canada Revenue Agency	September 1, 2005
13B	Net family property statement	September 1, 2005
14	Notice of motion	September 1, 2005
14A	Affidavit (general)	September 1, 2005
14B	Motion form	September 1, 2005
14C	Confirmation	September 1, 2005
14D	Order on motion without notice	September 1, 2005
15	Change information form (motion to change child support)	September 1, 2005
15A	Consent (motion to change child support)	September 1, 2005
17	Conference notice	September 1, 2005
17A	Case conference brief ― General	September 1, 2005
17B	Case conference brief for protection application or status review	September 1, 2005
17C	Settlement conference brief ― General	September 1, 2005
17D	Settlement conference brief for protection application or status review	September 1, 2005
17E	Trial management conference brief	September 1, 2005
20	Request for information	September 1, 2005
20A	Authorization to commissioner	September 1, 2005
20B	Letter of request	September 1, 2005
22	Request to admit	September 1, 2005
22A	Response to request to admit	September 1, 2005
23	Summons to witness	September 1, 2005
23A	Summons to witness outside Ontario	September 1, 2005
23B	Order for prisoner’s attendance	September 1, 2005
23C	Affidavit for uncontested trial	September 1, 2005
25	Order (general)	September 1, 2005
25A	Divorce order	September 1, 2005
25B	Secure treatment order	September 1, 2005
25C	Adoption order	September 1, 2005
25D	Order (uncontested trial)	September 1, 2005
25E	Notice disputing approval of order	September 1, 2005
26	Statement of money owed	September 1, 2005
26A	Affidavit of enforcement expenses	September 1, 2005
26B	Affidavit for filing domestic contract or paternity agreement with court	September 1, 2005
26C	Notice of transfer of enforcement	September 1, 2005
27	Request for financial statement	September 1, 2005
27A	Request for statement of income	September 1, 2005
27B	Statement of income from income source	September 1, 2005
27C	Appointment for financial examination	September 1, 2005
28	Writ of seizure and sale	September 1, 2005
28A	Request for writ of seizure and sale	September 1, 2005
28B	Statutory declaration to sheriff	September 1, 2005
28C	Writ of temporary seizure	September 1, 2005
29	Request for garnishment	September 1, 2005
29A	Notice of garnishment (lump-sum debt)	September 1, 2005
29B	Notice of garnishment (periodic debt)	September 1, 2005
29C	Notice to co-owner of debt	September 1, 2005
29D	Statutory declaration of indexed support	September 1, 2005
29E	Dispute (payor)	September 1, 2005
29F	Dispute (garnishee)	September 1, 2005
29G	Dispute (co-owner of debt)	September 1, 2005
29H	Notice of garnishment hearing	September 1, 2005
29I	Notice to stop garnishment	September 1, 2005
29J	Statement to garnishee financial institution re support	September 1, 2005
30	Notice of default hearing	September 1, 2005
30A	Request for default hearing	September 1, 2005
30B	Default dispute	September 1, 2005
31	Notice of contempt motion	September 1, 2005
32	Bond (recognizance)	September 1, 2005
32A	Notice of forfeiture motion	September 1, 2005
32B	Warrant for arrest	September 1, 2005
32C	Affidavit for warrant of committal	September 1, 2005
32D	Warrant of committal	September 1, 2005
33	Information for warrant to apprehend child	September 1, 2005
33A	Warrant to apprehend child	September 1, 2005
33B	Plan of care for child(ren) (Children’s Aid Society)	September 1, 2005
33B.1	Answer and plan of care (Parties other than Children’s Aid Society)	September 1, 2005
33C	Statement of agreed facts (child protection)	September 1, 2005
33D	Statement of agreed facts (status review)	September 1, 2005
33E	Child’s consent to secure treatment	September 1, 2005
33F	Consent to secure treatment (person other than child)	September 1, 2005
34	Child’s consent to adoption	September 1, 2005
34A	Affidavit of parentage	September 1, 2005
34B	Non-parent’s consent to adoption by spouse	September 1, 2005
34C	Director’s or local director’s statement on adoption	September 1, 2005
34D	Affidavit of adoption applicant(s)	September 1, 2005
34E	Director’s consent to adoption	September 1, 2005
34F	Parent’s or custodian’s consent to adoption	September 1, 2005
34G	Affidavit of adoption licensee or society employee	September 1, 2005
34H	Affidavit of adopting relative or stepparent	September 1, 2005
34I	Parent’s consent to adoption by spouse	September 1, 2005
34J	Affidavit of execution and independent legal advice (Children’s Lawyer)	September 1, 2005
34K	Certificate of clerk (adoption)	September 1, 2005
36	Affidavit for divorce	September 1, 2005
36A	Certificate of clerk (divorce)	September 1, 2005
36B	Certificate of divorce	September 1, 2005
37	Notice of hearing	September 1, 2005
37A	Information sheet	September 1, 2005
37B	Direction to request further information	September 1, 2005
37C	Notice of continuation of hearing	September 1, 2005
37D	Notice of registration of order	September 1, 2005
37E	Notice for taking further evidence	September 1, 2005
38	Notice of appeal	September 1, 2005
39	Notice of approaching dismissal	September 1, 2005

15. Forms 4 to 39 of the Regulation are revoked.

16. This Regulation comes into force on May 1, 2006.