O. Reg. 120/07: FAMILY LAW RULES
filed March 28, 2007 under Courts of Justice Act, R.S.O. 1990, c. C.43
Courts of justice Act
Approved: March 27, 2007
Filed: March 28, 2007
Published on e-Laws: March 29, 2007
Amending O. Reg. 114/99
(Family Law Rules)
1. Rule 42 of Ontario Regulation 114/99 is revoked and the following substituted:
RULE 42: APPOINTMENT OF FAMILY Case ManageR in the Family Court of the Superior Court of Justice in Ottawa
42. (1) This rule applies to cases in the Family Court of the Superior Court of Justice in the City of Ottawa if the cases relate to matters under the following Acts:
1. The Child and Family Services Act, subject to subrule (6).
2. The Children's Law Reform Act.
3. The Divorce Act (Canada).
4. The Family Law Act.
5. The Family Responsibility and Support Arrears Enforcement Act, 1996.
(2) The purpose of this rule is to promote the active management, in accordance with subrule 2 (5), of cases to which this rule applies by conferring specified family law jurisdiction on a Family Case Manager.
(3) In this rule,
"Family Case Manager" means a person appointed under section 86.1 of the Courts of Justice Act by the Lieutenant Governor in Council as a case management master who is assigned to manage cases for the purposes of this rule.
Family Case Manager, powers and duties
(4) In a case to which this rule applies,
(a) the Family Case Manager may only exercise the powers and carry out the duties and functions that are specified in this rule; and
(b) the exercise of those powers and the performance of those duties and functions are subject to the restrictions specified in subrules (5) and (6).
no jurisdiction
(5) The Family Case Manager has no jurisdiction in respect of,
(a) a power, duty or function that is conferred exclusively on a judge of a superior court by law or expressly on a judge by an Act;
(b) a case involving a special party;
(c) the determination of a right or interest of a party in real property; or
(d) the making of an order or hearing of a motion for an order,
(i) to change, set aside, stay or confirm an order of a judge,
(ii) to find a person in contempt of court,
(iii) to restrain the liberty of a person, including an order for imprisonment, a warrant for arrest or a warrant of committal,
(iv) to dismiss all or part of a party's case for a wilful failure by the party to follow these rules or obey an order in the case or a related case, if the Family Responsibility and Support Arrears Enforcement Act, 1996 applies to the party's case,
(v) to split a divorce from other issues in a case under subrule 12 (6),
(vi) to request the Children's Lawyer to act in accordance with subsection 89 (3.1) or 112 (2) of the Courts of Justice Act, or
(vii) to grant summary judgment.
Limited Jurisdiction, Child and Family Services Act
(6) With respect to cases under the Child and Family Services Act,
(a) the Family Case Manager has jurisdiction only with respect to Part III of that Act (child protection case); and
(b) the jurisdiction of the Family Case Manager with respect to cases under Part III of that Act is not as broad as it is with respect to cases under the other Acts to which this rule applies but is subject to such further limitations as are specified in this rule.
motions under rule 14
(7) The Family Case Manager may hear a motion that may be made under rule 14 and, on such a motion, may exercise only the following powers:
1. With respect to cases under an Act to which this rule applies other than the Child and Family Services Act, any power described in rule 14 other than a power described in subrule 14 (21).
2. With respect to cases under Part III of the Child and Family Services Act, any power described in rule 14 other than a power described in subrule 14 (21), (22) or (23).
orders on Motion under rule 14
(8) If a motion under rule 14 is made in a case under an Act to which this rule applies other than the Child and Family Services Act, the Family Case Manager may make only the following orders:
1. An order under rules 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 18, 19 and 20.
2. An order for costs under rule 24 relating to a step in the case that the Family Case Manager dealt with.
3. An order under rule 25 relating to an order made by the Family Case Manager.
4. An order to change a temporary order made by the Family Case Manager.
5. An order under section 10 (Leave for blood tests and DNA tests) of the Children's Law Reform Act.
6. A temporary order for or relating to custody of or access to a child under section 21, 23, 25, 28, 29, 30, 32, 34, 39 or 40 of the Children's Law Reform Act.
7. A temporary order for custody of or access to a child under section 16 of the Divorce Act (Canada).
8. An order appointing a mediator under section 31 of the Children's Law Reform Act or section 3 (Mediation) of the Family Law Act.
9. A temporary order for or relating to support under section 33, clause 34 (1) (a), (e), (f), (g) or (h), subsection 34 (5) or section 37, 42 or 47 of the Family Law Act.
10. A temporary order for support under section 15.1 (Child support order) or 15.2 (Spousal support order) of the Divorce Act (Canada).
11. A temporary order under section 40 of the Family Law Act.
12. A temporary order dealing with property other than real property.
13. A support deduction order under section 10 (Support deduction orders to be made) of the Family Responsibility and Support Arrears Enforcement Act, 1996.
14. An order limiting or suspending a support deduction order.
15. An order under section 8 (Director to cease enforcement, termination of support obligation) of the Family Responsibility and Support Arrears Enforcement Act, 1996 that terminates a support obligation or orders repayment from a person who received support.
16. An order that is necessary and incidental to the power to make a temporary order that is within the jurisdiction of the Family Case Manager.
Same, child and family services act
(9) If a motion under rule 14 is made in a case under the Child and Family Services Act, the Family Case Manager may make only the following orders:
1. An order under subrule 3 (5) (order to lengthen or shorten time), if the motion is made on consent.
2. An order under rule 5 (where a case starts and is to be heard), if the motion is unopposed or made on consent.
3. An order under rule 6 (service of documents).
4. An order under subrule 7 (5) (adding a party), if the motion is unopposed or made on consent.
5. An order under section 39 (parties and notice) or under subsection 48 (3) (transfer of a proceeding) of the Child and Family Services Act, if the motion is unopposed or made on consent.
6. A finding that there is no person who should be presumed to be, or recognized in law as, the father of a child under section 8 of the Children's Law Reform Act.
7. An order granting an adjournment, if the motion is made on consent.
Temporary Order to be Continued
(10) An order for adjournment made under paragraph 7 of subrule (9) in a child protection case shall provide for the continuation of any temporary order made under subsection 51 (2) (custody during adjournment) of the Child and Family Services Act that applies in respect of the case being adjourned.
(11) In a case under an Act to which this rule applies other than the Child and Family Services Act, the Family Case Manager may hear a motion for an order under subrule 15 (14) to change a final order that was made by the Family Case Manager.
(12) Subject to subrule (13), the Family Case Manager may conduct a case conference, settlement conference or trial management conference instead of a judge under rule 17.
(13) In a case under Part III of the Child and Family Services Act, the Family Case Manager shall not conduct a settlement conference without the consent of the parties and of the child's representative.
Application of Rule 17
(14) At a case conference, settlement conference or trial management conference conducted by the Family Case Manager, rule 17 applies subject to the following changes:
1. In a case to which this rule applies other than the Child and Family Services Act, the Family Case Manager may make any order described in rule 17 and, with respect to the temporary and final orders referred to in clause 17 (8) (b),
i. the only temporary or final orders that the Family Case Manager may make are those described in subrule (8) of this rule, and
ii. the Family Case Manager shall not make a final order unless the parties consent to the order.
2. In a case under Part III of the Child and Family Services Act, the Family Case Manager,
i. may make any order described in rule 17 other than an order under subrule 17 (18), and
ii. the only temporary or final orders that the Family Case Manager may make under clause 17 (8) (b) are those described in subrule (9) of this rule.
3. A party to the conference may not request that the conference be conducted by a judge under subrule 17 (9).
4. Despite clause 17 (10) (a), a case may be scheduled for trial if the Family Case Manager conducted a settlement conference.
Enforcement powers
(15) The Family Case Manager may exercise,
(a) any power that a court may exercise under rule 27 (requiring financial information) other than a power to order a person imprisoned under subrule 27 (6), (20) or (21); and
(b) the powers relating to garnishment orders set out in subrules 29 (5) and (19).
Sending Case to Judge
(16) Despite anything to the contrary in this rule, the Family Case Manager may at any time order that a matter assigned to him or her be adjourned and sent to a judge.
Appeal From Temporary order
(17) Subrules 38 (5) to (45) apply with necessary modifications to an appeal from a temporary order of the Family Case Manager.
Appeal From Final order
(18) Subrules 38 (1), (2) and (3) apply with necessary modifications to an appeal from a final order of the Family Case Manager.
(19) This rule is revoked on June 30, 2010.