Regulation - Minister
Reg. 194 under the Courts of Justice Act (Rules of Civil Procedure)
Regulation Number(s):
709/21
Instrument Type:
Regulation - Minister
Bill or Act:
Courts of Justice Act
Summary of Decision:
This regulation was approved on October 14, 2021, and filed on October 15, 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/r21709?search=O.+Reg.+709%2F21
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/r21709?search=O.+Reg.+709%2F21
Analysis of Regulatory Impact:
There are no new administrative costs to business anticipated in relation to this proposal.
Further Information:
Proposal Number:
21-MAG038
Posting Date:
Summary of Proposal:
The regulation:
• streamlines the Rule 74 probate process by reducing the number of forms by 35 forms, simplifying the format of the forms, improving the guiding language and introducing one set of requirements for applications with a will and applications without a will;
• aligns the estate court forms with Succession Law Reform Act (SLRA) amendments that were made through the Accelerating Access to Justice Act, 2021, Schedule 9, which received Royal Assent and was enacted as S.O. 2001, c. 4 on April 19, 2021; and
• makes administrative amendments to 15 estate court forms.
These rule and form amendments will come into force on January 1, 2022.
The regulation eliminates 43 forms, introduces 8 new forms and amends 15 forms. The form amendments include the following:
1. The content of 43 forms under Rule 74 and 75 is consolidated in 8 new forms
• Form 74A replaces Forms 74.4, 74.4.1, 74.5, 74.7, 74.5.1, 74.14, 74.15, 74.17
• Form 74J replaces Forms 74.20.1, 74.21, 74.21.1, 74.24, 74.27, 74.30)
• Form 74C replaces Forms 74.13, 74.13.1, 74.20, 74.20.3, 74.23, 74.23.1, 74.26, 74.29, 74.31
• Form 74G replaces Forms 74.11, 74.18
• Form 74H replaces Forms 74.12, 74.12.1, 74.19, 74.22, 74.22.1, 74.25
• Form 74I and Form 75.8 replace Forms 74.13.2, 74.36, 74.37, 74.38, 74.39, 74.40, 74.41, 74.42, 75.8, 75.9
• Form 74B replaces Forms 74.6, 74.16
The 8 new forms are simpler, with a larger font size and fillable text boxes and improved guiding language. A new explanatory notice is attached to the application form which explains to an estate beneficiary the reason that they are receiving the application, their right to object to the application and potential outcomes.
The estate court rule changes include the following:
• one new simplified rule covers both Applications with a Will and Applications without a Will (new rule 74.04 replaces current rules 74.04 and 74.05)
• service and filing of the same document, an Application, is required replacing the current process of serving a Notice of Application and filing an Application under Rule 74
• references to the new form numbers are set out in Rules 74, 74.1 and 75
These Rule 74 rule and form changes model the approach to the new Rule 74.1 small estates process that was introduced on April 1, 2021 through O. Reg. 111/21.
2. Consequential form amendments to SLRA amendments
The new Rule 74 application forms maintain the current approach to collecting information regarding spousal relationships, with modifications to align with the recent legislative amendments relating to a will made prior to marriage and relating to a separated spouse's entitlements.
The amendments to SLRA sections 15(a), 16, 17 and new section 43.1 will come into force on January 1, 2022.
3. Administrative amendments to 15 estate court forms: Form 74.3 (new 74P), 74.8 (new 74D), 74.9 (new 74F), 74.10 (new 74E), 74.20.2 (new 74K), 74.32 (new74L), 74.33(new 74M), 74.34 (new74N), 74.35 (new 74O), 75.1, 74.1A, 74.1B, 74.1C, 74.1E, 74.1F
The 8 new court forms and 15 amended forms must be filed with the court starting on Tuesday, January 4, 2022. These forms can be accessed online on the Court Services website: http://ontariocourtforms.on.ca/en/rules-of-civil-procedure-forms/pre-formatted-fillable-estates-forms/.
• streamlines the Rule 74 probate process by reducing the number of forms by 35 forms, simplifying the format of the forms, improving the guiding language and introducing one set of requirements for applications with a will and applications without a will;
• aligns the estate court forms with Succession Law Reform Act (SLRA) amendments that were made through the Accelerating Access to Justice Act, 2021, Schedule 9, which received Royal Assent and was enacted as S.O. 2001, c. 4 on April 19, 2021; and
• makes administrative amendments to 15 estate court forms.
These rule and form amendments will come into force on January 1, 2022.
The regulation eliminates 43 forms, introduces 8 new forms and amends 15 forms. The form amendments include the following:
1. The content of 43 forms under Rule 74 and 75 is consolidated in 8 new forms
• Form 74A replaces Forms 74.4, 74.4.1, 74.5, 74.7, 74.5.1, 74.14, 74.15, 74.17
• Form 74J replaces Forms 74.20.1, 74.21, 74.21.1, 74.24, 74.27, 74.30)
• Form 74C replaces Forms 74.13, 74.13.1, 74.20, 74.20.3, 74.23, 74.23.1, 74.26, 74.29, 74.31
• Form 74G replaces Forms 74.11, 74.18
• Form 74H replaces Forms 74.12, 74.12.1, 74.19, 74.22, 74.22.1, 74.25
• Form 74I and Form 75.8 replace Forms 74.13.2, 74.36, 74.37, 74.38, 74.39, 74.40, 74.41, 74.42, 75.8, 75.9
• Form 74B replaces Forms 74.6, 74.16
The 8 new forms are simpler, with a larger font size and fillable text boxes and improved guiding language. A new explanatory notice is attached to the application form which explains to an estate beneficiary the reason that they are receiving the application, their right to object to the application and potential outcomes.
The estate court rule changes include the following:
• one new simplified rule covers both Applications with a Will and Applications without a Will (new rule 74.04 replaces current rules 74.04 and 74.05)
• service and filing of the same document, an Application, is required replacing the current process of serving a Notice of Application and filing an Application under Rule 74
• references to the new form numbers are set out in Rules 74, 74.1 and 75
These Rule 74 rule and form changes model the approach to the new Rule 74.1 small estates process that was introduced on April 1, 2021 through O. Reg. 111/21.
2. Consequential form amendments to SLRA amendments
The new Rule 74 application forms maintain the current approach to collecting information regarding spousal relationships, with modifications to align with the recent legislative amendments relating to a will made prior to marriage and relating to a separated spouse's entitlements.
The amendments to SLRA sections 15(a), 16, 17 and new section 43.1 will come into force on January 1, 2022.
3. Administrative amendments to 15 estate court forms: Form 74.3 (new 74P), 74.8 (new 74D), 74.9 (new 74F), 74.10 (new 74E), 74.20.2 (new 74K), 74.32 (new74L), 74.33(new 74M), 74.34 (new74N), 74.35 (new 74O), 75.1, 74.1A, 74.1B, 74.1C, 74.1E, 74.1F
The 8 new court forms and 15 amended forms must be filed with the court starting on Tuesday, January 4, 2022. These forms can be accessed online on the Court Services website: http://ontariocourtforms.on.ca/en/rules-of-civil-procedure-forms/pre-formatted-fillable-estates-forms/.
Contact Address:
Ministry of the Attorney General
Corporate Policy Unit
720 Bay Street, 3rd Floor
Toronto, ON M7A 2S9
Corporate Policy Unit
720 Bay Street, 3rd Floor
Toronto, ON M7A 2S9
Effective Date:
January 1, 2022
Decision:
Approved