Regulation - Minister
Reg. 194 under the Courts of Justice Act (Rules of Civil Procedure).
Regulation Number(s):
Reg. 194
Instrument Type:
Regulation - Minister
Bill or Act:
Courts of Justice Act
Summary of Decision:
This regulation was approved on November 26, 2020, and filed on November 30, 2020.
This regulation amending Reg. 194 under the Courts of Justice Act (Rules of Civil Procedure) is available online at: https://www.ontario.ca/laws/%20https:/www.ontario.ca/laws/regulation/r20689
This regulation amending Reg. 194 under the Courts of Justice Act (Rules of Civil Procedure) is available online at: https://www.ontario.ca/laws/%20https:/www.ontario.ca/laws/regulation/r20689
Analysis of Regulatory Impact:
There are no new administrative costs to business anticipated in relation to this proposal.
Further Information:
Proposal Number:
20-MAG011
Posting Date:
Summary of Proposal:
The Rules of Civil Procedure have been amended to establish new electronic processes in civil court proceedings:
Method of attendance at hearing or step in proceeding
• establish a process to allow a hearing or part of a hearing, a mandatory mediation or an oral examination for discovery to proceed by teleconference or video conference
• authorize an order for any oral examination of a person or witness at trial to proceed by videoconference
Electronic signatures
• authorize the use of electronic signatures by judicial officials and court registrars
Electronic issuance
• authorize electronic issuance of any court document that requires issuance
• authorize a registrar to electronically issue a document
Electronic communications by court staff
• authorize court staff to email court documents and communicate by email, where an email address is available in the court file, or for lawyers, available on the Law Society website.
Email addresses and fax numbers
• require a lawyer to provide an email addresses on court documents and self-represented persons to provide an email address, if they have one
• remove the requirement to provide fax numbers
Electronic document sharing
• require the use of CaseLines to submit filed documents for hearings, pre-trial conferences and case conferences as required by the court
• establish document requirements and deadlines for the submission of documents through CaseLines
Electronic service
• authorize email service without consent or court order for documents that are not required to be served personally or by an alternative to personal service
• require an affidavit of service for email service
• remove the option of service by fax
• require a client's email address to be stated in an order removing a lawyer from the record
Electronic certification
• establish and authorize an electronic process for certification of court documents
Remote commissioning
• align the affidavit requirements with the amendments in O.Reg. 431/20: Administering Oath or Declaration Remotely
Electronic transcripts
• require electronic transcripts for SCJ civil and Divisional Court proceedings where the rules require delivery, service, filing or provision of a transcript
• remove the requirement to file 3 copies of motion records, facta and transcripts with the Divisional Court where the documents are filed electronically
• remove the requirement to serve and file a paper copy of a transcript where an electronic transcript is served and filed in an SCJ or Divisional Court proceeding.
Electronic endorsements and orders
• authorize electronic endorsements to be made on a separate document and establish the requirements for endorsements
• clarify processes relating to the preparation and delivery to the court of a draft order
• replace the requirement to leave a draft order with court staff as a requirement to file a draft order
• establish a process for issuing an order and authorize the electronic issuance of orders
• authorize the delivery of an electronically issued order by email, if available, CaseLines or at the court counter
• specify the factors to be considered by a registrar in determining whether to sign an order and remove the requirement for a registrar to conduct certain in person transactions
Electronic entry of orders
• require an order to be entered electronically rather than through paper processes or by microfilm
Method of attendance at hearing or step in proceeding
• establish a process to allow a hearing or part of a hearing, a mandatory mediation or an oral examination for discovery to proceed by teleconference or video conference
• authorize an order for any oral examination of a person or witness at trial to proceed by videoconference
Electronic signatures
• authorize the use of electronic signatures by judicial officials and court registrars
Electronic issuance
• authorize electronic issuance of any court document that requires issuance
• authorize a registrar to electronically issue a document
Electronic communications by court staff
• authorize court staff to email court documents and communicate by email, where an email address is available in the court file, or for lawyers, available on the Law Society website.
Email addresses and fax numbers
• require a lawyer to provide an email addresses on court documents and self-represented persons to provide an email address, if they have one
• remove the requirement to provide fax numbers
Electronic document sharing
• require the use of CaseLines to submit filed documents for hearings, pre-trial conferences and case conferences as required by the court
• establish document requirements and deadlines for the submission of documents through CaseLines
Electronic service
• authorize email service without consent or court order for documents that are not required to be served personally or by an alternative to personal service
• require an affidavit of service for email service
• remove the option of service by fax
• require a client's email address to be stated in an order removing a lawyer from the record
Electronic certification
• establish and authorize an electronic process for certification of court documents
Remote commissioning
• align the affidavit requirements with the amendments in O.Reg. 431/20: Administering Oath or Declaration Remotely
Electronic transcripts
• require electronic transcripts for SCJ civil and Divisional Court proceedings where the rules require delivery, service, filing or provision of a transcript
• remove the requirement to file 3 copies of motion records, facta and transcripts with the Divisional Court where the documents are filed electronically
• remove the requirement to serve and file a paper copy of a transcript where an electronic transcript is served and filed in an SCJ or Divisional Court proceeding.
Electronic endorsements and orders
• authorize electronic endorsements to be made on a separate document and establish the requirements for endorsements
• clarify processes relating to the preparation and delivery to the court of a draft order
• replace the requirement to leave a draft order with court staff as a requirement to file a draft order
• establish a process for issuing an order and authorize the electronic issuance of orders
• authorize the delivery of an electronically issued order by email, if available, CaseLines or at the court counter
• specify the factors to be considered by a registrar in determining whether to sign an order and remove the requirement for a registrar to conduct certain in person transactions
Electronic entry of orders
• require an order to be entered electronically rather than through paper processes or by microfilm
Contact Address:
Ministry of the Attorney General
Corporate Policy Unit
720 Bay Street, 7th Floor
Toronto, ON M7A 2S9
Corporate Policy Unit
720 Bay Street, 7th Floor
Toronto, ON M7A 2S9
Effective Date:
January 1, 2021
Decision:
Approved