O. Reg. 54/03: RULES OF CIVIL PROCEDURE

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ONTARIO regulation 54/03

made under the

courts of justice act

Made: February 7, 2003
Approved: March 5, 2003
Filed: March 6, 2003
Printed in The Ontario Gazette: March 22, 2003

Amending Reg. 194 of R.R.O. 1990

(Rules of Civil Procedure)

Note: Since the end of 2002, Regulation 194 has been amended by Ontario Regulation 19/03.  Previous amendments are listed in the Table of Regulations published in The Ontario Gazette dated January 18, 2003.

1. (1) Subrule 60.08 (10) of Regulation 194 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

(10) If the garnishee is a financial institution, the notice of garnishment and all further notices required to be served under this rule shall be served at the branch at which the debt is payable, unless subrule (10.1) applies.

(10.1) If the garnishee is a financial institution to which the Bank Act (Canada), the Cooperative Credit Associations Act (Canada) or the Trust and Loan Companies Act (Canada)  applies and the garnishment enforces an order described in subsection 34 (1) of the Family Law Act or a support order as defined in subsection 2 (1) of the Divorce Act (Canada) or in section 1 of the Family Responsibility and Support Arrears Enforcement Act, 1996, the notice of garnishment and all further notices required to be served under this rule,

(a) shall be served at the designated office of the institution established for this purpose; and

(b) shall be accompanied by a statement to garnishee financial institution re support in Form 29J of the Family Law Rules (Ontario Regulation 114/99).

(2) Clause 60.08 (13) (a) of the Regulation is revoked and the following substituted:

(a) if the garnishee is a financial institution, money in an account opened after the notice of garnishment is served;

2. Clause 70.01 (1) (c) of the Regulation is revoked and the following substituted:

(c) the Interjurisdictional Support Orders Act, 2002;

3. Clause 70.03.1 (2) (c) of the Regulation is revoked and the following substituted:

(c) the Interjurisdictional Support Orders Act, 2002.

4. Rules 70.08.1 and 70.08.2 of the Regulation are revoked and the following substituted:

VARIATION APPLICATION

70.08.1 (1) Rule 69.24 (variation of final order) applies, with necessary modifications, in respect of a support order made under the Family Law Act or a custody or access order made under the Children’s Law Reform Act.

(2) Rule 37 of the Family Law Rules (Ontario Regulation 114/99) applies, with necessary modifications, to a support order made under the Interjurisdictional Support Orders Act, 2002.

MOTION TO VARY CHILD SUPPORT ORDER

70.08.2 (1) Rule 69.24.1 (motion to vary child support) applies, with necessary modifications, in respect of a support order made under the Family Law Act.

(2) Rule 37 of the Family Law Rules (Ontario Regulation 114/99) applies, with necessary modifications, to a support order made under the Interjurisdictional Support Orders Act, 2002.

5. Rule 70.13 of the Regulation is revoked.

6. (1) Subject to subsection (2), this Regulation comes into force on filing.

(2) Sections 2, 3, 4 and 5 come into force on the day the Interjurisdictional Support Orders Act, 2002 comes into force.

 

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