Regulation - Minister
Reg. 194 under the Courts of Justice Act (Rules of Civil Procedure)
Regulation Number(s):
248-21
Instrument Type:
Regulation - Minister
Bill or Act:
Courts of Justice Act
Summary of Decision:
This regulation was approved on April 1, 2020, and filed on April 6, 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/regulation/r21248
This regulation amending Reg. 194 under the Courts of Justice Act (Rules of Civil Procedure) is available online at: https://www.ontario.ca/laws/regulation/r21248
Analysis of Regulatory Impact:
There are no new administrative costs to business anticipated in relation to this proposal
Further Information:
O. Reg. 248/21: RULES OF CIVIL PROCEDURE
Proposal Number:
21-MAG010
Posting Date:
Summary of Proposal:
The regulation makes administrative amendments to the Rules of Civil Procedure to achieve consistency with civil rule and form amendments establishing electronic processes in civil court proceedings (introduced through O. Reg. 689/20, in force on January 1, 2021), as well as amendments establishing a simplified probate process for small estates (introduced through O. Reg. 111/21, in force on April 1, 2021). Amendments also introduce consistent French-language terminology and correct discrepancies between the English and French versions of various rules.
The regulation amends 23 rules and 43 forms. The rule amendments include the following:
• clarifying in r. 4.05.2 that a document submitted through the Civil Submissions Online portal is not filed or issued unless it is accepted by the registrar;
• removing in r. 30.04(4) the requirement to "take" a document to an examination for discovery or trial, while maintaining the requirement to produce the document;
• removing the requirement to "bring" a document or thing to an examination while maintaining the requirement to "produce" the document or thing at the examination (r. 34.10(2)(3)); and
• clarifying in r. 59.05(1) and (4) the court location where orders are entered, namely:
o that a court order is entered either by the registrar at the court location where a proceeding was commenced or the location to which a proceeding was transferred (rather than at the location where a hearing or conference was held); and
o that a certificate of the Registrar of the Supreme Court of Canada is entered only by the registrar in the office where the action or application was commenced (it is not also entered by the local registrar at Toronto).
• introduce consistent French-language terminology and correct discrepancies between the English and French versions of various rules.
The regulation amends 23 rules and 43 forms. The rule amendments include the following:
• clarifying in r. 4.05.2 that a document submitted through the Civil Submissions Online portal is not filed or issued unless it is accepted by the registrar;
• removing in r. 30.04(4) the requirement to "take" a document to an examination for discovery or trial, while maintaining the requirement to produce the document;
• removing the requirement to "bring" a document or thing to an examination while maintaining the requirement to "produce" the document or thing at the examination (r. 34.10(2)(3)); and
• clarifying in r. 59.05(1) and (4) the court location where orders are entered, namely:
o that a court order is entered either by the registrar at the court location where a proceeding was commenced or the location to which a proceeding was transferred (rather than at the location where a hearing or conference was held); and
o that a certificate of the Registrar of the Supreme Court of Canada is entered only by the registrar in the office where the action or application was commenced (it is not also entered by the local registrar at Toronto).
• introduce consistent French-language terminology and correct discrepancies between the English and French versions of various rules.
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:
April 6, 2021
Decision:
Approved