O. Reg. 142/14: FAMILY LAW RULES

Link to law: http://www.ontario.ca/laws/regulation/r14142
Published: 2014-07-17

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ontario regulation 142/14

made under the

Courts of Justice Act

Made: June 18, 2014
Approved: July 10, 2014
Filed: July 17, 2014
Published on e-Laws: July 18, 2014
Printed in The Ontario Gazette: August 2, 2014


Amending O. Reg. 114/99

(FAMILY LAW RULES)

1. Subrule 1 (10) of Ontario Regulation 114/99 is amended by adding “and” at the end of clause (a) and by striking out clauses (b) and (c) and substituting the following:

(b) in the case of a document in paper format,

(i) shall be on white paper, or on white or nearly white paper with recycled paper content, and

(ii) may appear on one or both sides of the page.

2. The definition of “transcript” in subrule 2 (1) of the Regulation is revoked.

3. Rule 5 of the Regulation is amended by adding the following subrules:

Filing Writ with Sheriff

(6.1) Despite subrules (5) and (6), a writ of seizure and sale (Form 28) may be filed with a sheriff in a different municipality.

. . . . .

Place for Enforcement — Electronic writ

(7.1) A writ of seizure and sale that is issued electronically under rule 28 (seizure and sale),

(a) shall specify the municipality in which the enforcement is taking place under subrule (5), (6) or (7), as the case may be; and

(b) is deemed to have been issued in that municipality.

4. The English version of subrule 8 (2.1) of the Regulation is amended by striking out “necessary modifications” and substituting “necessary changes”.

5. The English version of subrule 10 (5) of the Regulation is amended by striking out “necessary modifications” and substituting “necessary changes”.

6. The English version of subrule 13 (4.3) of the Regulation is amended by striking out “necessary modifications” and substituting “necessary changes”.

7. The English version of subrule 14 (24) of the Regulation is amended by striking out “necessary modifications” in the portion before paragraph 1 and substituting “necessary changes”.

8. The English version of subrules 15 (14), (24), (27) and (29) of the Regulation is amended by striking out “necessary modifications” wherever it appears and substituting in each case “necessary changes”.

9. Subrule 17 (9) of the Regulation is revoked and the following substituted:

Conferences with a non-judge

(9) A case conference or settlement conference may be conducted by a person referred to in subrule (9.1) who has been named for the purpose by the appropriate regional senior judge, unless a party requests a conference with a judge.

Same

(9.1) For the purposes of subrule (9), the following persons may conduct a conference:

1. A person who is licensed under the Law Society Act to practice law in Ontario as a barrister and solicitor and whose licence is not suspended, if he or she has at least 10 years experience in the practice of family law.

2. A person who was licensed under the Law Society Act to practice law in Ontario as a barrister and solicitor but who has since retired, if, at the time of retirement,

i. his or her license was not suspended, and

ii. he or she had at least 10 years experience in the practice of family law.

3. A master or retired master of the Superior Court of Justice.

4. A retired judge of the Superior Court of Justice.

10. The English version of subrule 25 (20) of the Regulation is amended by striking out “necessary modifications” and substituting “necessary changes”.

11. (1) Subrule 26 (1) of the Regulation is amended by striking out “subrules 5 (5) and (6)” and substituting “subrules 5 (5), (6), (7) and (7.1)”.

(2) Clause 26 (8) (b) of the Regulation is amended by striking out “court reporter” and substituting “authorized court transcriptionist”.

12. (1) Rule 28 of the Regulation is amended by adding the following subrules:

Electronic filing of writ

(1.1) Subject to subrule (11), a writ of seizure and sale issued under subrule (1) may be filed with a sheriff electronically.

Electronic filing of request, issuance of writ

(1.2) Subject to subrule (11), a recipient may file a request for a writ of seizure and sale electronically, in which case,

(a) clause (1) (b) does not apply to the request;

(b) the writ shall be issued electronically; and

(c) the issued writ shall automatically be filed electronically with the sheriff specified in the writ.

Deemed issuance by court

(1.3) A writ issued electronically is deemed to have been issued by the court.

error in writ issued electronically

(1.4) If a person who obtained an electronically issued writ of seizure and sale discovers that the writ contains an error, the person may, no later than 5 p.m. eastern standard or daylight saving time, as the case may be, on the second day after the day on which the writ is considered under subrule (13) to have been filed with a sheriff, correct the error by using the software that was used for the issuance of the writ.

. . . . .

Electronic filing

(3.1) A statutory declaration referred to in subrule (2) or (3) may be filed electronically.

(2) Clause 28 (4) (a) of the Regulation is revoked and the following substituted:

(a) the writ is withdrawn under subrule (6.5) or (7); or

(3) Rule 28 of the Regulation is amended by adding the following subrules:

May be Filed Electronically

(6.1) Subject to subrule (11), the statutory declaration referred to in clause (6) (a) may be filed with the sheriff electronically.

Change of address

(6.2) If the address of the recipient or his or her lawyer changes after a writ has been filed with a sheriff, the recipient shall give written notice of the new address to the sheriff, and the sheriff shall update the writ accordingly.

May be filed electronically

(6.3) Subject to subrule (11), notice of the new address may be filed with the sheriff electronically.

Confirmation of electronically filed writ

(6.4) In order to confirm whether a writ of seizure and sale filed with a sheriff electronically has been properly issued and filed, the sheriff may require the recipient to provide to the sheriff, in the manner and within the time the sheriff specifies, a statement of money owed (subrule 26 (5) or (6)).

Withdrawal by sheriff

(6.5) The sheriff may withdraw an electronically filed writ of seizure and sale if,

(a) the sheriff determines that the writ was improperly issued or filed; or

(b) the recipient fails to comply with subrule (6.4).

Same

(6.6) A writ may be withdrawn under subrule (6.5) at any time during its enforcement.

Corrections by sheriff

(6.7) If the sheriff makes a determination that a writ of seizure and sale filed with the sheriff electronically was properly issued or filed but contains an error or otherwise differs from the order to which the writ relates, the sheriff may correct the writ to make it consistent with the order.

Notice

(6.8) The sheriff shall give notice of a withdrawal under subrule (6.5) or a correction under subrule (6.7) to the recipient.

. . . . .

Same

(7.1) A writ may be withdrawn under subrule (7) by,

(a) giving written notice to the sheriff that the writ should be withdrawn; or

(b) subject to subrule (11), filing notice of a withdrawal of writ electronically.

. . . . .

electronic filing of changes

(9.1) If the court makes an order under subrule (8) making any of the following changes to a writ that has been filed with a sheriff, the person required to serve a copy of the order under subrule (9) may, subject to subrule (11), file the changes to the writ with the sheriff electronically instead of serving a copy of the order on the sheriff under clause (9) (a):

1. The name of a party.

2. The recipient’s lawyer or other representative.

3. The amount owing under the writ.

(4) Subrule 28 (11) of the Regulation is revoked and the following substituted:

Limit on who may file electronically

(11) The electronic filing and issuance of documents under this rule is only available for,

(a) lawyers;

(b) the Director of the Family Responsibility Office; and

(c) Ministers or bodies acting under the authority of an Act of Canada or Ontario.

Electronic Filing, issuance — Authorized Software

(12) If this rule permits or requires a document to be filed or issued electronically, the software authorized by the Ministry of the Attorney General for the purpose shall be used for the filing or issuance.

Date of Electronic filing, issuance

(13) The date on which a document that is filed or issued electronically under this rule is considered to have been filed or issued, as the case may be, is the date indicated for the document by the authorized software.

Electronic filing and signatures, swearing

(14) The following requirements are deemed to have been met if a document is filed or issued under this rule electronically using the authorized software:

1. A requirement that the document be signed.

2. A requirement that the document be sworn or affirmed.

13. (1) The English version of subrules 38 (1) and (9) of the Regulation is amended by striking out “necessary modifications” wherever it appears and substituting in each case “necessary changes”.

(2) Subrule 38 (16) of the Regulation is revoked and the following substituted:

once transcript completed

(16) When the authorized court transcriptionist has completed the transcript, he or she shall promptly notify the appellant, the respondent and the court office in the court where the appeal will be heard.

(3) The English version of subrules 38 (25), (28), (41), (46) and (49) of the Regulation is amended by striking out “necessary modifications” wherever it appears and substituting in each case “necessary changes”.

14. The English version of subrules 42 (17) and (18) of the Regulation is amended by striking out “necessary modifications” wherever it appears and substituting in each case “necessary changes”.

Commencement

15. This Regulation comes into force on the day it is filed.

Made by:
Pris par :

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

Melanie Chalmers

Counsel, Family Rules Committee

Date made: June 18, 2014.
Pris le : 18 juin 2014.

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

La procureure générale,

Madeleine Meilleur

Attorney General

Date approved: July 10, 2014.
Approuvé le : 10 juillet 2014.

 

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