O. Reg. 781/21: FAMILY LAW RULES, COURTS OF JUSTICE ACT

ontario regulation 781/21

made under the

Courts of Justice Act

Made: October 29, 2021
Approved: November 18, 2021
Filed: November 22, 2021
Published on e-Laws: November 22, 2021
Printed in The Ontario Gazette: December 11, 2021

Amending O. Reg. 114/99

(FAMILY LAW RULES)

1. Rule 1.1 of Ontario Regulation 114/99 is amended by adding the following subrule:

No Filing by Fax

(15) Nothing in these rules permits the filing of a document with the court by fax.

2. (1) Subrule 2 (1) of the Regulation is amended by adding the following definition:

“Justice Services Online website” means the Justice Services Online website referred to in subrule 1.1 (1); (“site Web Services de justice en ligne”)

(2) The definition of “legal aid rate” in subrule 2 (1) of the Regulation is amended by striking out “by the Ontario Legal Aid Plan” and substituting “by Legal Aid Ontario”.

3. The Regulation is amended by adding the following rule:

Rule 8.0.1: Automatic Order

Application of Rule

8.0.1 (1) This rule applies to a case in which any of the following claims is made, if the claim is made on or after February 1, 2022:

1. A claim respecting decision-making responsibility or parenting time with respect to a child under the Divorce Act (Canada) or Part III of the Children’s Law Reform Act.

2. A claim respecting net family property under Part I of the Family Law Act.

3. A claim respecting a matrimonial home under Part II of the Family Law Act.

4. A claim for support under the Divorce Act (Canada) or Part III of the Family Law Act.

Same

(2) For the purposes of this rule, a claim is made when any of the following occurs:

1. An application that contains the claim is issued.

2. An answer, motion to change a final order or agreement under rule 15 or response to motion to change that contains the claim is filed.

Automatic Order

(3) On the making of a claim to which this rule applies, the clerk shall issue an automatic order (Form 8.0.1) and provide it to the party making the claim.

Exceptions

(4) Subrule (3) does not apply,

(a) if an automatic order has already been issued in the case;

(b) if the case is proceeding on consent of the parties;

(c) if the only claims to which this rule applies relate to,

(i) the incorporation of the terms of an agreement or prior court order, or

(ii) a family arbitration, family arbitration agreement or family arbitration award; or

(d) in an application brought by a person or agency referred to in subsection 33 (3) of the Family Law Act.

Service on Other Parties

(5) The party to whom the automatic order is provided shall serve the automatic order on every other party in the case in accordance with the following rules:

1. If the claim is made in an application, the automatic order shall be served together with the application.

2. If the claim is made in an answer, motion to change a final order or agreement under rule 15 or response to motion to change, the automatic order shall be served promptly after the party receives it from the clerk, but in any event not later than seven days after the automatic order is issued.

Exceptions

(6) Despite subrule (5), the automatic order is not required to be served on a person or agency referred to in subsection 33 (3) of the Family Law Act.

4. Paragraph 2 of subrule 13 (5.0.1) of the Regulation is amended by striking out “statement of arrears” and substituting “schedule of arrears”.

5. (1) Subclause 14 (11) (e) (ii) of the Regulation is amended by striking out “referred to in subrule 1.1 (1)” at the end.

(2) Subrule 14 (11.4) of the Regulation is amended by striking out “four” and substituting “seven”.

6. (1) Rule 15 of the Regulation is amended by adding the following subrule:

Duties of Judge at First Attendance

(24.1) Unless a motion to change a final order or agreement proceeds on the consent of the parties and any assignee or is unopposed, at the first attendance of the parties before a judge, the judge shall,

(a) if that first attendance is a case conference or settlement conference, make a determination under clause 17 (4) (j) or 17 (5) (i), respectively; and

(b) if that first attendance is not a case conference or settlement conference,

(i) determine the next step in the motion, with a view to ensuring that the motion proceeds in the most efficient manner appropriate in the circumstances, and

(ii) if possible in the circumstances, determine the most appropriate process for reaching a quick and just conclusion of the motion.

(2) Subrule 15 (26) of the Regulation is revoked and the following substituted:

POWERS OF COURT — DIRECTIONS

(26) If the court is of the opinion that a motion, whether proceeding on consent or not, cannot be properly dealt with because of the material filed, the court shall make an order giving directions regarding any additional written or oral evidence that is required and make any other order under subrule 1 (7.2) that the court considers necessary.

Motion for Directions

(26.1) Nothing in subrule (26) prevents a person from making a motion under rule 14, as provided under subrule (28), for directions on how to carry on the case, and any such motion may be made in Form 14B.

7. (1) Subrule 17 (4) of the Regulation is amended by striking out “and” at the end of clause (h), by adding “and” at the end of clause (i) and by adding the following clause:

(j) in the case of a motion to change a final order or agreement under rule 15, determining the most appropriate process for reaching a quick and just conclusion of the motion.

(2) Rule 17 of the Regulation is amended by adding the following subrules:

Requirement for Parties to Confer

(4.2) Before a case conference, each party shall, subject to subrule (4.3), confer or make best efforts to confer orally or in writing with every other party respecting,

(a) the parties’ requests for financial disclosure; and

(b) a temporary resolution of the issues that are in dispute.

Exception

(4.3) Subrule (4.2) does not apply with respect to a party if,

(a) the party is prohibited from such communication by court order; or

(b) there is a risk of domestic violence by a party who is not represented by a lawyer.

Effect of Failure to Confer

(4.4) If a party fails to comply with subrule (4.2), the court may, for greater certainty, make any order under subrule 1 (8.1) that is appropriate in the circumstances, including,

(a) an order postponing the case conference until the requirements of subrule (4.2) are met; and

(b) an order for costs, regardless of whether the case conference is postponed.

(3) Subrule 17 (5) of the Regulation is amended by striking out “and” at the end of clause (g), by adding “and” at the end of clause (h) and by adding the following clause:

(i) in the case of a motion to change a final order or agreement under rule 15, determining the most appropriate process for reaching a quick and just conclusion of the motion.

(4) Clause 17 (14) (a) of the Regulation is revoked.

(5) Clause 17 (14) (c) of the Regulation is amended by striking out “or” at the end of subclause (i) and by revoking subclause (ii) and substituting the following:

(ii) sending it to the court office by email, or

(iii) submitting it through the Justice Services Online website.

8. Subrules 26 (11) and (14) of the Regulation are revoked and the following substituted:

FILING AND REFILING WITH THE DIRECTOR

(11) A person who files or refiles a support order in the Director’s office shall immediately give notice of the filing by,

(a) sending it by mail or email to the clerk at any court office where the recipient is enforcing the order; or

(b) submitting it through the Justice Services Online website.

. . . . .

Notice of Transfer of enforcement

(14) A person who continues an enforcement under subrule (12) or (13) shall immediately send a notice of transfer of enforcement (Form 26C),

(a) to all parties to the enforcement, by mail, fax or email;

(b) to the clerk at every court office where the enforcement is being carried on, by mail or email; and

(c) to every sheriff who is involved with the enforcement at the time of transfer, by mail, fax or email.

9. Rule 42 of the Regulation is amended by adding the following subrule:

Application of R. 15 (24.1)

(11) Subrule 15 (24.1) applies, with necessary modifications, to the associate judge.

10. The following provisions of the Regulation are amended by striking out “by mail, fax or email” wherever it appears and substituting in each case “by mail or email”:

1. Subrule 9 (17).

2. Subrules 29 (27), (28) and (29).

3. Subrules 39 (11), (11.2) and (13).

4. Subrules 40 (5), (5.2) and (7).

5. Subrules 41 (5), (5.2) and (7).

11. (1) The Table of Forms to the Regulation is amended by adding the following row:

 

8.0.1

Automatic order

September 1, 2021

(2) The rows for Forms 14B, 15, 17F and 35.1 in the Table of Forms to the Regulation are amended by striking out the date in the column titled “Date of Form” and substituting “September 1, 2021”.

Commencement

12. This Regulation comes into force on the later of December 1, 2021 and the day this Regulation is filed.

Made by:
Pris par :

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

Helena Likwornik

Secretary, Family Rules Committee

Date made: October 29, 2021
Pris le : 29 octobre 2021

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

Le procureur général,

Doug Downey

Attorney General

Date approved: November 18, 2021
Approuvé le : 18 novembre 2021