ontario regulation 389/12
made under the
Courts of Justice Act
Made: November 19, 2012
Approved: November 28, 2012
Filed: November 30, 2012
Published on e-Laws: November 30, 2012
Printed in The Ontario Gazette: December 15, 2012
Amending O. Reg. 114/99
(FAMILY LAW RULES)
1. Ontario Regulation 114/99 is amended by adding the following rule:
Rule 25.1: Payment Into and Out of Court
25.1 (1) In this rule,
“Accountant” means the Accountant of the Superior Court of Justice.
Non-application of rule
(2) This rule does not apply to,
(a) money paid or to be paid into court for the enforcement of an order for the payment or recovery of money, including enforcement by garnishment; or
(b) money for the support of a child or spouse that is paid or to be paid into court by the payor on behalf of a recipient.
Payment into Court, filing in person with Clerk or Accountant
(3) Subject to subrule (9), a party who is required to pay money into court shall do so in accordance with subrules (4) to (8).
Documents to be filed
(4) The party shall file with the clerk or Accountant a written request for payment into court and a copy of the order under which the money is payable.
(5) On receiving the documents filed under subrule (4), the clerk or Accountant shall give the party a direction to receive the money, addressed to a bank listed in Schedule I or II to the Bank Act (Canada) and specifying the account in the Accountant’s name into which the money is to be paid.
Clerk to forward Documents
(6) If the documents are filed with the clerk, the clerk shall forward the documents to the Accountant.
(7) On receiving from the clerk or Accountant the direction referred to in subrule (5), the party shall pay the money into the specified bank account in accordance with the direction.
(8) On receiving the money, the bank shall give a receipt to the party paying the money and immediately send a copy of the receipt to the Accountant.
Payment Into Court, Payment by mail To Accountant
(9) A party may pay money into court by mailing to the Accountant the documents referred to in subrule (4), together with the money that is payable.
Accountant to Provide Receipt
(10) On receiving money under subrule (9), the Accountant shall give a receipt to the party paying the money.
Payment out of court, Authority
(11) Money may only be paid out of court under an order or on consent of all parties.
Payment out UNder an order
(12) A person who seeks payment of money out of court under an order shall file with the Accountant,
(a) a written request for payment out naming the person to whom the money is to be paid under the order;
(b) the original order for payment out or a copy certified by an official of the court, unless one or the other has already been filed with the Accountant; and
(c) an affidavit stating that the order for payment out is not under appeal and that the time for appealing the order has expired, or that any appeal of the order has been disposed of.
Children’s Lawyer, Public Guardian and Trustee
(13) If the person seeking payment out under an order is the Children’s Lawyer or the Public Guardian and Trustee, the documents referred to in clauses (12) (a) and (c) are not required to be filed.
Payment out on Consent
(14) A person who seeks payment of money out of court on consent shall file with the Accountant,
(a) a written request for payment out naming the person to whom the money is to be paid, and an affidavit stating that neither the person making the request nor the person to whom the money is to be paid is a special party or a child under the age of 18 years who is not a party, with copies of the following attached as exhibits:
(i) photo identification of the requesting person,
(ii) proof of that person’s date of birth,
(iii) proof of that person’s current address; and
(b) the affidavit of each party or each of the other parties, as the case may be, stating that the party consents to the payment out as set out in the request and that neither the party nor the person to whom the money is to be paid is a special party or a child under the age of 18 years who is not a party, with copies of the documents referred to in subclauses (a) (i), (ii) and (iii), as they relate to the party providing the affidavit, attached as exhibits.
(15) If the requirements of subrule (12) or (14), as the case may be, are met, the Accountant shall pay the money to the person named in the order or request for payment out, and the payment shall include any accrued interest, unless a court orders otherwise.
Order for Payment out, Special Party or non-party Child
(16) The court may, on motion, order payment out of court of money for or on behalf of a special party or a child who is not a party.
Where Notice Is not required
(17) A motion under subrule (16) by the Children’s Lawyer or the Public Guardian and Trustee may be made without notice, unless the court orders otherwise.
(18) In making an order under subrule (16), the court may order that costs payable to the person who made the motion be paid directly to that person’s representative out of the money in court.
(19) This rule applies to the payment into and out of court of money paid into court on and after the day on which Ontario Regulation 389/12 comes into force.
2. This Regulation comes into force on the later of January 1, 2013 and the day it is filed.