Français
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.
Français
