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O. Reg. 105/23: FAMILY LAW RULES
filed June 1, 2023 under Courts of Justice Act, R.S.O. 1990, c. C.43
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ontario regulation 105/23
made under the
Courts of Justice Act
Made: April 14, 2023
Approved: May 25, 2023
Filed: June 1, 2023
Published on e-Laws: June 1, 2023
Published in The Ontario Gazette: June 17, 2023
Amending O. Reg. 114/99
(FAMILY LAW RULES)
1. (1) Subrule 1.3 (4) of Ontario Regulation 114/99 is amended by adding the following paragraphs:
6. Legal Aid Ontario.
7. A recipient, or an agency referred to in clause (b) or (c) of the definition of “recipient” in subrule 2 (1) when attempting to determine whether it is a recipient.
8. A Crown Attorney, assistant Crown Attorney or Deputy Crown Attorney.
9. A police officer, First Nations Constable or officer of the Royal Canadian Mounted Police, when acting in the course of their duties.
10. A service provider within the meaning of section 149 of the Courts of Justice Act.
(2) Paragraph 9 of subrule 1.3 (4), as made by subsection (1), is amended by striking out “First Nations Constable” and substituting “First Nation Officer”.
(3) Clause 1.3 (10) (a) of the Regulation is revoked and the following substituted:
(a) the person files an affidavit (Form 14A) confirming,
(i) the date on which the person gave notice under subrule (2), and to whom and by what method, and
(ii) that the person has not been served with notice of a motion or application for a restricted access order; or
2. Subrule 2 (1) of the Regulation is amended by adding the following definition:
“paralegal” means a person authorized under the Law Society Act to provide legal services in Ontario; (“parajuriste”)
3. (1) Rule 4 of the Regulation is amended by adding the following subrule:
Exception
(1.1.1) Subrule (1.1) does not apply with respect to clause 6 (19) (f).
(2) Subrule 4 (1.1) of the Regulation is amended by adding “or may” after “shall”.
4. Subrule 6 (19) 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) a lawyer or paralegal’s certificate of service (Form 6C), if,
(i) the document was served by the lawyer or paralegal, or
(ii) the lawyer or paralegal caused the document to be served and is satisfied that service was effected.
5. The Table of Forms to the Regulation is amended by adding the following row:
|
6C |
Lawyer or paralegal’s certificate of service |
April 1, 2023 |
Commencement
6. (1) Except as otherwise provided in this section, this Regulation comes into force on the day it is filed.
(2) Section 2, subsection 3 (1) and sections 4 and 5 come into force on the later of July 1, 2023 and the day this Regulation is filed.
(3) Subsection 1 (2) comes into force on the latest of the following days:
1. July 1, 2023.
2. The day subsection 101 (1) of Schedule 1 (Community Safety and Policing Act, 2019) to the Comprehensive Ontario Police Services Act, 2019 comes into force.
3. The day this Regulation is filed.
Family Rules Committee:
Le Comité des règles en matière de droit de la famille :
Helena Likwornik
Secretary, Family Rules Committee
Date made: April 14, 2023
Pris le : 14 avril 2023
I approve this Regulation.
J’approuve le présent règlement.
Le procureur général,
Doug Downey
Attorney General
Date approved: May 25, 2023
Approuvé le : 25 mai 2023