ontario regulation 235/16

made under the

Courts of Justice Act

Made: June 13, 2016
Approved: June 22, 2016
Filed: June 23, 2016
Published on e-Laws: June 23, 2016
Printed in The Ontario Gazette: July 9, 2016

Amending O. Reg. 114/99

(FAMILY LAW RULES)

1. (1) Clause 6 (2) (b) of Ontario Regulation 114/99 is amended by adding “same- or next-day” before “courier”.

(2) Subrule 6 (8) of the Regulation is revoked and the following substituted:

Service by Courier, when effective

(8) Service of a document by courier is effective on,

(a) the day after the day the courier picks it up, in the case of same-day courier service; or

(b) two days after the day the courier picks it up, in the case of next-day courier service.

2. Rule 15 of the Regulation is amended by adding the following subrules:

Same, Notice of Recalculation

(2.1) Subrule (2) applies regardless of whether a child support obligation set out in the order or agreement has been recalculated under section 39.1 of the Family Law Act.

. . . . .

Service on Family Responsibility Office Required

(8.1) The documents referred to in subrule (5) shall be served on the Director of the Family Responsibility Office if the motion to change includes a request to change a child support obligation that,

(a) is set out in an order made under the Divorce Act (Canada); and

(b) was recalculated under section 39.1 of the Family Law Act within the 35-day period before the motion is filed.

3. Subrule 17 (18) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

Costs of Adjourned Conference

(18) If a conference is adjourned because a party is not prepared, has not served the required brief, has not made the required disclosure, has otherwise contributed to the conference being unproductive or has otherwise not followed these rules, the judge shall,

. . . . .

4. (1) Subrule 24 (7) of the Regulation is amended by adding “or otherwise contributes to that step being unproductive” after “at that step”.

(2) Subrule 24 (10) of the Regulation is revoked and the following substituted:

Deciding Costs

(10) Promptly after dealing with a step in the case, the court shall,

(a) make a decision on costs in relation to that step; or

(b) reserve the decision on costs for determination at a later stage in the case.

Same

(10.1) In making a decision on costs in relation to a step in a case, the court shall decide in a summary manner whether anyone is entitled to costs and, if so, determine who is entitled and set the amount of the costs.

(3) Subrule 24 (11) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

Factors in Costs

(11) In setting the amount of costs, the court shall consider,

. . . . .

5. Subrule 26 (9) of the Regulation is revoked and the following substituted:

Affidavit for filing domestic contract

(9) An affidavit for filing a domestic contract under subsection 35 (1) of the Family Law Act shall be in Form 26B.

6. The French version of paragraph 1 of subrule 31 (7) of the Regulation is amended by striking out “Loi sur la réforme du droit de l’enfance” and substituting “Loi portant réforme du droit de l’enfance”.

7. (1) Paragraph 1 of subrule 42 (1) of the Regulation is revoked.

(2) Rule 42 of the Regulation is amended by adding the following subrule:

Same

(1.1) This rule applies in respect of a case regardless of whether it is a fast track case (rule 39) or a standard track case.

(3) Clause 42 (4) (b) of the Regulation is amended by striking out “subrules (5) and (6)” at the end and substituting “subrule (5)”.

(4) Subclause 42 (5) (d) (vi) of the Regulation is revoked.

(5) Subrule 42 (6) of the Regulation is revoked.

(6) Subrule 42 (8) of the Regulation is amended by striking out “other than the Child and Family Services Act” in the portion before paragraph 0.1.

(7) Subrule 42 (8) of the Regulation is amended by adding the following paragraphs:

3.1 An order under subrule 39 (3) or (14.1).

. . . . .

15.1 An order under subsection 89 (3.1) or 112 (2) of the Courts of Justice Act requesting the Children’s Lawyer to act.

(8) Subrules 42 (9) and (10) of the Regulation are revoked.

(9) Subrule 42 (12) of the Regulation is amended by striking out “Subject to subrule (13), the Family Case Manager may” at the beginning and substituting “The Family Case Manager may”.

(10) Subrule 42 (13) of the Regulation is revoked.

(11) Paragraph 1 of subrule 42 (14) of the Regulation is amended by striking out “other than the Child and Family Services Act” in the portion before subparagraph i.

(12) Paragraph 2 of subrule 42 (14) of the Regulation is revoked.

(13) Subrule 42 (19) of the Regulation is amended by striking out “July 1, 2016” and substituting “July 1, 2021”.

8. (1) The Table of Forms to the Regulation is amended by striking out the date in the column titled “Date of Form” for Forms 6B, 8, 8A, 15, 15A, 15B, 15C, 15D, 26, 26A, 26C, 27, 27A, 27C, 28, 29, 29A, 29B, 29D, 29J, 30, 32B and 32D and substituting in each case “April 12, 2016”.

(2) The Table of Forms to the Regulation is amended by striking out the row for Form 26B and substituting the following:

 

26B

Affidavit for filing domestic contract with court

April 12, 2016

 

Commencement

9. (1) Subject to subsection (2), this Regulation comes into force on the later of July 1, 2016 and the day it is filed.

(2) Subsection 7 (13) comes into force on the day this Regulation is filed.

Made by:
Pris par :

Family Rules Committee:
Le Comité des règles en matière de droit de la famille :

Gillian Wright

Secretary /
Secrétaire

 

Date made:June 13, 2016
Pris le : 13 juin 2016

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

Le procureur général,

Yasir Naqvi

Attorney General

Date approved: June 22, 2016
Approuvé le : 22 juin 2016