Regulation - Minister
Reg. 194 under the Courts of Justice Act (Rules of Civil Procedure)
Regulation Number(s):
383/21
Instrument Type:
Regulation - Minister
Bill or Act:
Courts of Justice Act
Summary of Decision:
• This regulation was approved on May 27, 2021, and filed on May 28 , 2021.
• 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/r21383
• 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/r21383
Analysis of Regulatory Impact:
There are no new administrative costs to business anticipated in relation to this proposal.
Further Information:
https://www.ontario.ca/laws/regulation/r21383
Proposal Number:
21-MAG016
Posting Date:
Summary of Proposal:
The regulation makes administrative amendments to align the Rules of Civil Procedure with legislative amendments that were introduced to replace references to "case management master" with references to "associate judge". The amendments were made to the Courts of Justice Act through the Accelerating Access to Justice Act, 2021, Schedule 3 (link below ). These amendments will come into force in tandem with the in-force date for the Courts of Justice Act amendments, on a date to be proclaimed by the Lieutenant Governor.
The regulation also makes amendments to remove the option of providing a confirmation of application or motion form to the registrar by fax, which will come into force on July 1, 2021.
The regulation further amends the estate court rules to achieve consistency in the use of the term "certificate of appointment of estate trustee" and make consequential amendments to recent rule changes establishing a simplified process to probate small estates (O. Reg. 111/21). These amendments are effective May 28, 2021 .
The regulation amends 59 rules and 14 forms. The rule amendments include the following:
• replacing references to "case management master" with references to "associate judge" in various rules;
• clarifying in r. 1.03(1) that the definition of a "judge" does not include an "associate judge";
• removing the fax option for providing a confirmation of application or motion form to the registrar (r. 37.10.1 and 38.09.1);
• identifying in r. 1.03(1) an application for a small estate certificate and for an amended small estate certificate as originating processes;
• clarifying that the r. 74.11 bond requirements may apply to small estate applications (r. 74.1.02);
• clarifying that a reference in the rules, including Rules 74 and 75, to a certificate of appointment of estate trustee should be read to include a small estate certificate or an amended small estate certificate, unless the context or rules require otherwise (r. 1.03(1)); and
• replacing references in various rules to "certificate of appointment of an estate trustee" and "certificate of appointment of the estate trustee" with "certificate of appointment of estate trustee".
The regulation also makes amendments to remove the option of providing a confirmation of application or motion form to the registrar by fax, which will come into force on July 1, 2021.
The regulation further amends the estate court rules to achieve consistency in the use of the term "certificate of appointment of estate trustee" and make consequential amendments to recent rule changes establishing a simplified process to probate small estates (O. Reg. 111/21). These amendments are effective May 28, 2021 .
The regulation amends 59 rules and 14 forms. The rule amendments include the following:
• replacing references to "case management master" with references to "associate judge" in various rules;
• clarifying in r. 1.03(1) that the definition of a "judge" does not include an "associate judge";
• removing the fax option for providing a confirmation of application or motion form to the registrar (r. 37.10.1 and 38.09.1);
• identifying in r. 1.03(1) an application for a small estate certificate and for an amended small estate certificate as originating processes;
• clarifying that the r. 74.11 bond requirements may apply to small estate applications (r. 74.1.02);
• clarifying that a reference in the rules, including Rules 74 and 75, to a certificate of appointment of estate trustee should be read to include a small estate certificate or an amended small estate certificate, unless the context or rules require otherwise (r. 1.03(1)); and
• replacing references in various rules to "certificate of appointment of an estate trustee" and "certificate of appointment of the estate trustee" with "certificate of appointment of estate trustee".
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:
May 28, 2021
Decision:
Approved