O. Reg. 172/25: FAMILY LAW RULES, COURTS OF JUSTICE ACT
ontario regulation 172/25
made under the
Courts of Justice Act
Made: July 11, 2025
Approved: August 6, 2025
Filed: August 6, 2025
Published on e-Laws: August 7, 2023
Published in The Ontario Gazette: August 23, 2025
Amending O. Reg. 114/99
(FAMILY LAW RULES)
1. (1) Clause 1 (7.3.1) (a) of Ontario Regulation 114/99 is amended by striking out “the access of the parties, witnesses and lawyers to it” at the end and substituting “the access of parties, representatives and witnesses to it”.
(2) Clause 1 (7.3.1) (d) of the Regulation is amended by striking out “a party, witness or lawyer” and substituting “a party, representative or witness”.
(3) Subrule 1 (12.2) of the Regulation is amended by striking out “lawyer or other” in the portion before clause (a).
2. Paragraphs 1 and 2 of subrule 1.3 (4) of the Regulation are revoked and the following substituted:
1. A party or their licensed representative.
2. A person authorized in writing by a party or the party’s licensed representative.
3. (1) Subrule 2 (1) of the Regulation is amended by adding the following definitions:
“domestic contract” has the same meaning as in Part IV of the Family Law Act; (“contrat familial”)
“family legal services provider” means a paralegal authorized under the Law Society Act to provide specific family legal services; (“prestataire de services en droit de la famille”)
“licensed representative” means a lawyer or family legal services provider; (“représentant titulaire d’un permis”)
(2) The definition of “legal aid rate” in subrule 2 (1) of the Regulation is revoked and the following substituted:
“legal aid rate” means the rate payable by Legal Aid Ontario on an account submitted to it by a service provider for copying in the service provider’s office; (“tarif de l’aide juridique”)
(3) Subrule 2 (4) of the Regulation is amended by striking out “lawyers” and substituting “representatives”.
4. (1) The definition of “limited scope retainer” in subrule 4 (0.1) of the Regulation is revoked and the following substituted:
“limited scope retainer” means the provision of legal services,
(a) by a lawyer for part, but not all, of a party’s case, by agreement between the lawyer and the party, or
(b) by a family legal services provider for some, but not all, of the services that a family legal services provider is authorized to provide in a party’s case or matter, by agreement between the family legal services provider and the party.
(2) Subrule 4 (1) of the Regulation is amended by striking out “or” at the end of clause (b) and by striking out clause (c) and substituting the following:
(c) subject to subrule (1.2), be represented by a family legal services provider in respect of the following cases and matters, as authorized under the Law Society Act:
(i) A divorce case that is uncontested or started by a joint application, if the only claim is for divorce and the parties ordinarily reside in Canada.
(ii) The filing of a domestic contract under subsection 35 (1) of the Family Law Act, if the parties to the contract ordinarily reside in Canada.
(iii) The completion or filing of an application under subsection 7 (3) (application to court for change of name) of the Change of Name Act.
(iv) A motion under rule 15 if,
(A) the motion is in relation only to a child support obligation for a child under the age of majority,
(B) the only order being sought is for an amount determined in accordance with the applicable table in the child support guidelines, and not an order under,
(1) section 5 of the child support guidelines (spouse in place of a parent),
(2) section 6 of the child support guidelines (medical and dental insurance),
(3) section 7 of the child support guidelines (special or extraordinary expenses),
(4) section 8 of the child support guidelines (split parenting time),
(5) section 9 of the child support guidelines (shared parenting time), or
(6) section 10 of the child support guidelines (undue hardship),
(C) the parties to the motion ordinarily reside in Canada, and
(D) the payor is not self-employed and, with respect to the payor’s income,
(1) the payor’s annual income is not more than $150,000,
(2) none of the income is earned outside of Canada,
(3) none of the circumstances listed in subsection 19 (1) of the child support guidelines, nor any other circumstance that would warrant the imputation of income, applies with respect to the income,
(4) the income can be determined wholly from a T4 Statement of Remuneration Paid form issued by the Canada Revenue Agency and completed by an employer and from the sources of income set out under the heading “Total income” (line 15000) in a T1 General form issued by the Canada Revenue Agency, and
(5) no expert evidence is to be presented respecting the income.
(v) The enforcement of an order or of a domestic contract filed under subsection 35 (1) of the Family Law Act, if,
(A) the enforcement is in relation to a support obligation set out in the order or domestic contract or any costs that were ordered in respect of the support obligation, and
(B) no likelihood has arisen, at the applicable stage of enforcement, that the enforcement will result in an order for a person’s imprisonment; or
(d) if the court gives permission in advance, be represented by any other person, on terms set out by the court.
(3) Subrule 4 (1.1) of the Regulation is amended by striking out “a lawyer or other”.
(4) Subrules 4 (1.2) and (1.3) of the Regulation are revoked and the following substituted:
Representation by family legal services provider
(1.2) Clause (1) (c) does not apply if the court determines that representation by a family legal services provider is inappropriate in the circumstances, including because the court reasonably anticipates that the representation will or is likely to involve a matter in which a family legal services provider would not be authorized to act.
Duties of family legal services providers
(1.3) A family legal services provider who represents a party in a case or matter shall,
(a) identify themselves as a family legal services provider in court documents and at any hearing or conference under these rules in respect of the case or matter; and
(b) advise the court if at any time it appears that the family legal services provider is or would not be authorized to act in respect of the case or matter.
Limited scope retainer, lawyer
(1.4) Clause (1) (b) permits a party to be represented by a lawyer acting under a limited scope retainer.
Limited scope retainer, family legal services provider
(1.5) Clause (1) (c) permits a party to be represented by a family legal services provider under a limited scope retainer, subject to subrule (1.2).
Interpretation, limited scope retainer
(1.6) Unless a lawyer or family legal services provider acting under a limited scope retainer is the party’s licensed representative of record, the party is considered for the purposes of these rules to be acting in person.
(5) Subrules 4 (9) to (10) of the Regulation are revoked and the following substituted:
Choice of licensed representative
(9) A party who is acting in person may choose a licensed representative by serving on every other party and filing a notice of change in representation (Form 4) containing the consent of the licensed representative to act.
Same, limited scope retainer
(9.1) A party who is acting in person may choose a licensed representative without meeting the requirements of subrule (9), if the licensed representative,
(a) acts under a limited scope retainer; and
(b) is not the licensed representative of record for the party.
Change in legal representation
(10) Except as subrule (10.1) provides, a party represented by a licensed representative may, by serving on every other party and filing a notice of change in representation (Form 4),
(a) change licensed representatives; or
(b) act in person.
(6) Subrule 4 (11) of the Regulation is revoked and the following substituted:
Notice of change in representation
(11) For the purposes of subrules (9) and (10), the notice of change in representation shall include the following information:
1. If the party wants to choose or change a licensed representative, the name and address of the new licensed representative.
2. If the party wants to appear without a licensed representative, the party’s address for service.
(7) Subrule 4 (12) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:
Motion to be removed from case
(12) A licensed representative may make a motion for an order to be removed from the case, with notice to the client and to,
. . . . .
(8) Subrule 4 (13) of the Regulation is amended by striking out “Notice of a motion to remove a lawyer” at the beginning and substituting “Notice of a motion under subrule (12)”.
(9) Subrule 4 (15) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:
Service of order
(15) The order removing the licensed representative from the case shall,
. . . . .
5. Clause 5 (3) (d) of the Regulation is amended by striking out “the lawyer or party” at the beginning and substituting “the person”.
6. (1) Subrule 6 (2) of the Regulation is amended by striking out “lawyer” wherever it appears and substituting in each case “licensed representative”.
(2) Clause 6 (3) (b) of the Regulation is amended by striking out “lawyer” wherever it appears and substituting in each case “licensed representative”.
(3) Clause 6 (11.4) (c) of the Regulation is amended by striking out “or lawyer”.
(4) Clause 6 (12) (b) of the Regulation is amended by striking out “or lawyer”.
(5) Clause 6 (14.1) (a) of the Regulation is amended by striking out “or lawyer”.
(6) Clause 6 (19) (a) of the Regulation is amended by striking out “lawyer” at the end and substituting “licensed representative”.
7. Clause 14 (11) (c) of the Regulation is amended by striking out “lawyer” at the end and substituting “licensed representative”.
8. (1) Clause 17 (3.2) (b) of the Regulation is amended by striking out “lawyer” at the end and substituting “licensed representative”.
(2) Paragraph 2 of subrule 17 (15) of the Regulation is amended by striking out “lawyer” and substituting “licensed representative”.
9. Subrule 18 (4) of the Regulation is revoked and the following substituted:
Required signatures
(4) An offer must be signed personally by the party making it and by their licensed representative.
10. (1) Subrule 24 (11) of the Regulation is amended by striking out “lawyer or other” in the portion before paragraph 1.
(2) Subrule 24 (11) of the Regulation is amended by striking out “lawyer or” wherever it appears.
(3) Subclause 24 (14) (a) (iv) of the Regulation is amended by striking out “lawyers” and substituting “licensed representatives”.
(4) Subrule 24 (17) of the Regulation is amended by striking out “lawyer” at the end and substituting “licensed representative”.
(5) Subrule 24 (25) of the Regulation is amended by striking out “a lawyer’s fees” at the end and substituting “legal fees”.
11. (1) Subrule 25 (1) of the Regulation is amended by striking out “or their lawyers” and substituting “or any other person”.
(2) Subrule 25 (3) of the Regulation is amended by striking out “lawyer” and substituting “licensed representative”.
(3) Clause 25 (11) (a) of the Regulation is amended by striking out “lawyer” at the end and substituting “licensed representative”.
12. Paragraph 2 of subrule 28 (9.1) of the Regulation is amended by striking out “lawyer or other”.
13. (1) The definition of “send” in subrule 37 (1) of the Regulation is amended by striking out “lawyer” wherever it appears and substituting in each case “licensed representative”.
(2) Subrule 37 (7) of the Regulation is amended by striking out “or their lawyers” and substituting “or any other person”.
14. (1) The definition of “send” in subrule 37.1 (2) of the Regulation is amended by striking out “lawyer” wherever it appears and substituting in each case “licensed representative”.
(2) Subrule 37.1 (7) of the Regulation is amended by striking out “or their lawyers” and substituting “or any other person”.
15. (1) Clause 39 (12) (b) of the Regulation is amended by striking out “lawyers” and substituting “licensed representatives”.
(2) Subrule 39 (14) of the Regulation is amended by striking out “A lawyer” at the beginning and substituting “A licensed representative”.
16. (1) Clause 40 (6) (b) of the Regulation is amended by striking out “lawyers” and substituting “licensed representatives”.
(2) Subrule 40 (8) of the Regulation is amended by striking out “A lawyer” at the beginning and substituting “A licensed representative”.
17. (1) Clause 41 (6) (b) of the Regulation is amended by striking out “lawyers” and substituting “licensed representatives”.
(2) Subrule 41 (8) of the Regulation is amended by striking out “A lawyer” at the beginning and substituting “A licensed representative”.
18. The rows for Forms 4, 8 and 10 in the Table of Forms to the Regulation are amended by striking out the date in the column titled “Date of Form” and substituting in each case “June 13, 2025”.
Commencement
19. This Regulation comes into force on the day it 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: July 11, 2025
Pris le : 11 juillet 2025
I approve this Regulation.
J’approuve le présent règlement.
Le procureur général,
Doug Downey
Attorney General
Date approved: August 6, 2025
Approuvé le : 6 août 2025
