Reg. 194 under the Courts of Justice Act (Rules of Civil Procedure).
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/r20690
Summary of Proposal:
MAG has amended Regulation 194 (Rules of Civil Procedure) to:
1. align the estate court rules with Estates Act amendments introduced through the Smarter and Stronger Justice Act, 2019, Schedule 8, which received Royal Assent on July 8, 2020;
2. streamline and clarify processes in an Application for a Certificate of Appointment of Estate Trustee); and
3. expand the methods for service of a Notice of an Application for a Certificate of Appointment of Estate Trustee.
The amendments are introduced through changes to six rules and ten subrules under Rules 74 and 75 and the creation of three new subrules. Six forms have been amended and a new prescribed form has been introduced.
The rule amendments that were made to align with the Estates Act amendments include:
rule 74.12 references to the "Estate Registrar for Ontario" are replaced with references to "registrar" in order to align with the new Estates Act, s.16(c)(d) provisions that allow a "registrar" to conduct the necessary estate court record searches;
the option of filing a Notice of Objection with the Estate Registrar of Ontario is removed, in order to align with the Estates Act amendment that eliminates the filing of such an objection with the Estate Registrar for Ontario (amended rule 75.03(1));
rule 74.12(1) is revoked since it restates what the Estates Act, s.16, already provides;
rule 74.02(4) is revoked since electronic records of wills on deposit with the court are now maintained through the court's computer system rather than the Estate Registrar for Ontario; and
rule 74.02(7.5) no longer requires that a registrar send a notice to the Estate Registrar for Ontario since electronic records are now maintained for the withdrawal of wills and codicils.
Procedures in an Application for a Certificate of Appointment of Estate Trustee are clarified and streamlined by:
clarifying the requirements for issuance of a Certificate of Appointment of Estate Trustee and the conditions for refusal to issue a certificate (new rules 74.14(1)(2) and (3));
introducing a formal requirement for a registrar to notify an applicant of the refusal to issue a certificate and the reasons for refusal (new rule 74.14(5)) and a new prescribed form to provide such notice (new Form 74.35, "Registrar's Notice to Applicant in an Application for a Certificate of Appointment of Estate Trustee");
allowing e-mail to be used by court staff to deliver a Registrar's Notice (new rule 74.14(5));
clarifying the circumstances in which a registrar can send an application to a judge (new rule 74.14(4));
reducing the number of forms by amalgamating the content of two forms (new Form 74.34 amalgamates the content of current Form 74.34 and 74.35); and
making the Notice of Objection (Form 75.1) consistent with rule 75.03 by inserting a signature line on the form.
The methods of service of a Notice of an Application for a Certificate of Appointment of Estate Trustee are expanded by:
allowing service of a Notice of an Application for a Certificate of Appointment of Estate Trustee by e-mail, mail, courier or personal service (amendments to rules 74.04(7) and 74.05(5)).
amending the related forms to align with the proposed rule amendments (Affidavit of Service of a Notice of an Application and Notice of Application, Forms 74.6, 74.7, 74.16 and 74.17).
Ministry of the Attorney General
Corporate Policy Unit
720 Bay Street, 7th Floor
Toronto, ON M7A 2S9
January 8, 2021