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ontario regulation 519/06
made under the
courts of justice act
Made: October 18, 2006
Approved: November 17, 2006
Filed: November 20, 2006
Published on e-Laws: November 21, 2006
Printed in The Ontario Gazette: December 9, 2006
Amending O. Reg. 114/99
(Family Law Rules)
1. Subrule 7 (6) of Ontario Regulation 114/99 is revoked and the following substituted:
PERMANENT CASE NAME AND COURT FILE NUMBER
(6) The court file number given to a case and the description of the parties as applicants and respondents in the case shall remain the same on a motion to change an order, a status review application, an enforcement or an appeal, no matter who starts it, with the following exceptions:
1. In an enforcement of a payment order, the parties may be described instead as payors, recipients and garnishees.
2. In an appeal, the parties shall also be described as appellants and respondents.
3. When a case is transferred to another municipality, it may be given a new court file number.
4. An application under section 153.1 of the Child and Family Services Act to change or terminate an openness order shall be given a new court file number.
5. A motion to change an order made under section 57.1 of the Child and Family Services Act shall be given a new court file number.
2. Subrules 8 (1) and (2) of the Regulation are revoked and the following substituted:
FILING AN APPLICATION
(1) To start a case, a person shall file an application (Form 8, 8A, 8B, 8B.1, 8B.2, 8C, 8D, 8D.1, 34L or 34N).
CHANGE TO ORDER OR AGREEMENT — BY MOTION
(2) A party who wants to ask the court to change an order or agreement shall do so only by a motion under rule 15 (except where rule 15 does not apply, as described in subrule 15 (0.2)).
3. (1) Subrule 9 (2) of the Regulation is revoked.
(2) Subrule 9 (6) of the Regulation is amended by striking out “dated November 1, 2005” and substituting “dated July 1, 2006”.
(3) Paragraphs 1 and 2 of subrule 9 (7) of the Regulation are revoked and the following substituted:
1. In a case other than a child protection case, the court may order separate records on its own initiative or at the request of either party on motion or at a case conference, settlement conference or trial management conference.
(4) Subrule 9 (14) of the Regulation is revoked.
(5) Subrule 9 (18) of the Regulation is revoked.
(6) Subrules 9 (22) to (24) of the Regulation are revoked and the following substituted:
Cases started before January 1, 2007
(22) Despite this rule, if a case was started before January 1, 2007, the version of this rule that applied to the case on December 31, 2006 as its application may have been modified by the court continues, subject to subrule (23), to apply to the case unless the court orders otherwise.
Exception, cases started before january 1, 2007
(23) If a motion to change a final order is made on or after January 1, 2007 in respect of a case started before that date, this rule shall apply to the motion and to all documents filed afterwards.
4. Subrule 10 (1) of the Regulation is amended by striking out “(Form 10, 33B or 33B.1)” and substituting “(Form 10, 33B, 33B.1 or 33B.2)”.
5. Subrule 15 (0.1) of the Regulation is revoked and the following substituted:
application
(0.1) Subject to subrule (0.2), this rule applies to a motion to change,
(a) an agreement for support filed under section 35 of the Family Law Act;
(b) a final order; and
(c) an order made under section 57.1 of the Child and Family Services Act.
same
(0.2) This rule does not apply to a motion or application to change,
(a) a court order made under the Child and Family Services Act, other than an order made under section 57.1 of that Act, or
(b) an agreement made under that Act.
6. Rule 34 of the Regulation is amended by adding the following subrule:
FORMS FOR openness applications
(17) In a case about an openness order under Part VII of the Act,
(a) an application for an openness order shall be in Form 34L;
(b) a consent to an openness order shall be in Form 34M;
(c) an application to change or terminate an openness order shall be in Form 34N; and
(d) an answer to an application to change or terminate an openness order shall be in Form 33B.2.
7. (1) The Table of Forms to the Regulation is amended by striking out the following:
8
Application (general)
September 1, 2005
8A
Application (divorce)
September 1, 2005
8B
Application (child protection and status review)
September 1, 2005
. . . . .
8E
Summary of court cases
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
. . . . .
34
Child’s consent to adoption
September 1, 2005
. . . . .
34D
Affidavit of adoption applicant(s)
September 1, 2005
. . . . .
34F
Parent’s or custodian’s consent to adoption
September 1, 2005
. . . . .
34I
Parent’s consent to adoption by spouse
September 1, 2005
. . . . .
34K
Certificate of clerk (adoption)
September 1, 2005
(2) The Table of Forms to the Regulation is amended by adding the following:
8
Application (general)
October 1, 2006
8A
Application (divorce)
October 1, 2006
8B
Application (child protection and status review)
October 1, 2006
8B.1
Application (status review for Crown ward and former Crown ward)
October 1, 2006
8B.2
Application (general) (Child and Family Services Act cases other than child protection and status review)
October 1, 2006
. . . . .
33B
Plan of care for child(ren) (Children’s Aid Society)
October 1, 2006
33B.1
Answer and plan of care (parties other than Children’s Aid Society)
October 1, 2006
33B.2
Answer (Child and Family Services Act cases other than child protection and status review)
October 1, 2006
. . . . .
34
Child’s consent to adoption
October 1, 2006
. . . . .
34D
Affidavit of adoption applicant(s), sworn/affirmed
October 1, 2006
. . . . .
34F
Parent’s or custodian’s consent to adoption
October 1, 2006
. . . . .
34I
Parent’s consent to adoption by spouse
October 1, 2006
. . . . .
34K
Certificate of clerk (adoption)
October 1, 2006
34L
Application for openness order
October 1, 2006
34M
Consent to openness order
October 1, 2006
34N
Application to change or terminate openness order
October 1, 2006
8. (1) Subject to subsection (2), this Regulation comes into force on the later of the following dates:
1. The date section 14 of the Child and Family Services Statute Law Amendment Act, 2006
comes into force.
2. The date this Regulation is filed.
(2) Section 3 comes into force on January 1, 2007.
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