jswizzle3737/ontario_laws_and_regs huggingface dataset:
33.2 (1) In this section, “family justice services” means public or private services intended to help persons deal with issues arising from separation or divorce; (“services de justice familiale”) “legal adviser” means a person authorized under the Law Society Act to practise law or provide legal services to another person in a proceeding under this Part. (“conseiller juridique”) 2020, c. 25, Sched. 1, s. 10. Duty to discuss and inform (2) It is the duty of every legal adviser who undertakes to act on a person’s behalf in any proceeding under this Part, (a)  to encourage the person to attempt to resolve the matters that may be the subject of an order under this Part through an alternative dispute resolution process, as provided for under subsection 33.1 (3), unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so; (b)  to inform the person of the family justice services known to the legal adviser that might assist the person, (i)  in resolving the matters that may be the subject of an order under this Part, and (ii)  in complying with any order or decision made under this Part; and (c)  to inform the person of the parties’ duties under this Part. 2020, c. 25, Sched. 1, s. 10. Certification (3) Every document that commences a proceeding under this Part, or that responds to such a document, that is filed with a court by a legal adviser shall contain a statement by the legal adviser certifying that the legal adviser has complied with subsection (2). 2020, c. 25, Sched. 1, s. 10. Section Amendments with date in force (d/m/y) 2020, c. 25, Sched. 1, s. 10 - 01/03/2021
33.3 (1) The purpose of this section is to facilitate, (a)  the identification of orders, undertakings, recognizances, agreements or measures that may conflict with a parenting order or contact order; and (b)  the co-ordination of proceedings. 2020, c. 25, Sched. 1, s. 10. Information regarding other orders or proceedings (2) The court has a duty to consider if any of the following are pending or in effect in relation to any party to a proceeding under this Part, unless the circumstances of the case are of such a nature that it would clearly not be appropriate to do so: 1.  A restraining order under section 35, the Family Law Act or the Child, Youth and Family Services Act, 2017, or any other civil order made to protect a person’s safety, including an order that prohibits a person from, i.  being in physical proximity to a specified person or following a specified person from place to place, ii.  contacting or communicating with a specified person, either directly or indirectly, iii.  attending at or being within a certain distance of a specified place or location, iv.  engaging in harassing or threatening conduct directed at a specified person, v.  occupying a family home or a residence, or vi.  engaging in family violence. 2.  A child protection order, proceeding, agreement or measure. 3.  An order, proceeding, undertaking or recognizance in relation to any matter of a criminal nature. 2020, c. 25, Sched. 1, s. 10. Inquiries (3) In order to carry out its duty under subsection (2), the court may make inquiries of the parties or review information that is readily available and that has been obtained through a lawful search. 2020, c. 25, Sched. 1, s. 10. Section Amendments with date in force (d/m/y) 2020, c. 25, Sched. 1, s. 10 - 01/03/2021 Decision-Making Responsibility, Parenting Time and Contact — Enforcement
34 (1) A court may give such directions as it considers appropriate for the supervision, by a person, a children’s aid society or other body, of decision-making responsibility, parenting time or contact with respect to a child under a parenting order or contact order. 2020, c. 25, Sched. 1, s. 11. Consent to act (2) A court shall not direct a person, a children’s aid society or other body to supervise the exercise of decision-making responsibility, parenting time or contact under subsection (1) unless the person, society or body has consented to act as supervisor. 2020, c. 25, Sched. 1, s. 11. Section amendments with date in force (d/m/y) 1990, c. C.12, s. 83 - see: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011 2001, c. 9, Sched. B, s. 4 (8, 9) - 29/06/2001 2020, c. 25, Sched. 1, s. 11 - 01/03/2021
35 (1) On application, the court may make an interim or final restraining order against any person if the applicant has reasonable grounds to fear for his or her own safety or for the safety of any child in his or her lawful custody.  2009, c. 11, s. 15. Provisions of order (2) A restraining order made under subsection (1) shall be in the form prescribed by the rules of court and may contain one or more of the following provisions, as the court considers appropriate: 1.  Restraining the respondent, in whole or in part, from directly or indirectly contacting or communicating with the applicant or any child in the applicant’s lawful custody. 2.  Restraining the respondent from coming within a specified distance of one or more locations. 3.  Specifying one or more exceptions to the provisions described in paragraphs 1 and 2. 4.  Any other provision that the court considers appropriate.  2009, c. 11, s. 15. Transition (3) This section, as it read on October 14, 2009, continues to apply to, (a)  any prosecution or other proceeding begun under this section before October 15, 2009; and (b)  any order made under this section that was in force on October 14, 2009.  2009, c. 11, s. 15; 2014, c. 7, Sched. 4, s. 1. Section amendments with date in force (d/m/y) 2000, c. 33, s. 21 (1, 2) - no effect - see 2000, c. 33, s. 21 ( 2) - 14/05/2009 2009, c. 11, s. 15 - 15/10/2009 2014, c. 7, Sched. 4, s. 1 - 24/07/2014
37 (1) Where a court, upon application, is satisfied upon reasonable and probable grounds that a person prohibited by court order or separation agreement from removing a child from Ontario proposes to remove the child from Ontario, the court in order to prevent the removal of the child from Ontario may make an order under subsection (3).  R.S.O. 1990, c. C.12, s. 37 (1). To ensure return of child (2) Where a court, upon application, is satisfied upon reasonable and probable grounds that a person entitled to parenting time or contact with respect to a child proposes to remove the child from Ontario and is not likely to return the child to Ontario, the court in order to secure the prompt, safe return of the child to Ontario may make an order under subsection (3).  R.S.O. 1990, c. C.12, s. 37 (2); 2020, c. 25, Sched. 1, s. 13. Order by court (3) An order mentioned in subsection (1) or (2) may require a person to do any one or more of the following: 1.  Transfer specific property to a named trustee to be held subject to the terms and conditions specified in the order. 2.  Where payments have been ordered for the support of the child, make the payments to a specified trustee subject to the terms and conditions specified in the order. 3.  Post a bond, with or without sureties, payable to the applicant in such amount as the court considers appropriate. 4.  Deliver the person’s passport, the child’s passport and any other travel documents of either of them that the court may specify to the court or to an individual or body specified by the court.  R.S.O. 1990, c. C.12, s. 37 (3); 2009, c. 11, s. 16. Same, Ontario Court of Justice (4) The Ontario Court of Justice shall not make an order under paragraph 1 of subsection (3).  R.S.O. 1990, c. C.12, s. 37 (4); 2001, c. 9, Sched. B, s. 4 (8). Terms and conditions (5) In an order under paragraph 1 of subsection (3), the court may specify terms and conditions for the return or the disposition of the property as the court considers appropriate.  R.S.O. 1990, c. C.12, s. 37 (5). Safekeeping (6) A court or an individual or body specified by the court in an order under paragraph 4 of subsection (3) shall hold a passport or travel document delivered in accordance with the order in safekeeping in accordance with any directions set out in the order.  R.S.O. 1990, c. C.12, s. 37 (6). Directions (7) In an order under subsection (3), a court may give such directions in respect of the safekeeping of the property, payments, passports or travel documents as the court considers appropriate.  R.S.O. 1990, c. C.12, s. 37 (7). Section amendments with date in force (d/m/y) 2001, c. 9, Sched. B, s. 4 (8) - 29/06/2001 2009, c. 11, s. 16 - 14/05/2009 2020, c. 25, Sched. 1, s. 13 - 01/03/2021
38 (1) In addition to its powers in respect of contempt, the Ontario Court of Justice may punish by fine or imprisonment, or both, any wilful contempt of or resistance to its process or orders under this Act, other than orders under section 35, but the fine shall not in any case exceed $5,000 nor shall the imprisonment exceed ninety days.  R.S.O. 1990, c. C.12, s. 38 (1); 2001, c. 9, Sched. B, s. 4 (8); 2014, c. 7, Sched. 4, s. 2 (1). Conditions of imprisonment (2) An order for imprisonment under subsection (1) may be made conditional upon default in the performance of a condition set out in the order and may provide for the imprisonment to be served intermittently.  R.S.O. 1990, c. C.12, s. 38 (2). Transition (3) This section, as it read on October 14, 2009, continues to apply to orders referred to in clause 35 (3) (b). 2014, c. 7, Sched. 4, s. 2 (2). Section amendments with date in force (d/m/y) 2001, c. 9, Sched. B, s. 4 (8) - 29/06/2001 2014, c. 7, Sched. 4, s. 2 (1, 2) - 24/07/2014
39 (1) Where, upon application to a court, it appears to the court that, (a)  for the purpose of bringing an application in respect of decision-making responsibility, parenting time or contact under this Part; or (b)  for the purpose of enforcing a parenting order or contact order, the proposed applicant or person in whose favour the order is made has need to learn or confirm the whereabouts of the proposed respondent or person against whom the order referred to in clause (b) is made, the court may order any person or public body to provide the court with such particulars of the address of the proposed respondent or person against whom the order referred to in clause (b) is made as are contained in the records in the custody of the person or body, and the person or body shall give the court such particulars as are contained in the records and the court may then give the particulars to such person or persons as the court considers appropriate.  R.S.O. 1990, c. C.12, s. 39 (1); 2020, c. 25, Sched. 1, s. 14 (1). Exception (2) A court shall not make an order on an application under subsection (1) if it appears to the court that the purpose of the application is to enable the applicant to identify or to obtain particulars as to the identity of a person who has decision-making responsibility with respect to a child, rather than to learn or confirm the whereabouts of the proposed respondent or for the enforcement of a parenting order or contact order. 2020, c. 25, Sched. 1, s. 14 (2). Compliance with order (3) The giving of information in accordance with an order under subsection (1) shall be deemed for all purposes not to be a contravention of any Act or regulation or any common law rule of confidentiality.  R.S.O. 1990, c. C.12, s. 39 (3). Section binds Crown (4) This section binds the Crown in right of Ontario.  R.S.O. 1990, c. C.12, s. 39 (4). Section amendments with date in force (d/m/y) 2020, c. 25, Sched. 1, s. 14 (1, 2) - 01/03/2021 Decision-Making Responsibility, Parenting Time and Contact — Residence and Relocation
39.1 (1) A person who has decision-making responsibility or parenting time with respect to a child and who intends to make a change in residence, or in the child’s residence, shall notify any other person who has decision-making responsibility, parenting time or contact under a contact order with respect to the child of the intention. 2020, c. 25, Sched. 1, s. 15; CTS 12 AU 22 -1. Notice requirements (2) The notice shall be in writing and shall set out, (a)  the date on which the change is expected to occur; and (b)  the address of the new residence and contact information of the person or child, as the case may be. 2020, c. 25, Sched. 1, s. 15. Exception (3) On application, the court may in any circumstance provide that subsections (1) and (2) do not apply, or apply with any changes the court specifies, if the court is of the opinion that it is appropriate to do so, including if there is a risk of family violence. 2020, c. 25, Sched. 1, s. 15. Same (4) An application under subsection (3) may be made without notice to any other party. 2020, c. 25, Sched. 1, s. 15. Non-application (5) This section does not apply with respect to relocations. 2020, c. 25, Sched. 1, s. 15. Section Amendments with date in force (d/m/y) 2020, c. 25, Sched. 1, s. 15 - 01/03/2021 CTS 12 AU 22 -1
39.2 (1) A person who has contact under a contact order with respect to a child and who intends to make a change in residence shall notify any person who has decision-making responsibility or parenting time with respect to the child of the intention. 2020, c. 25, Sched. 1, s. 15. Notice requirements (2) The notice shall be in writing and shall set out, (a)  the date on which the change is expected to occur; and (b)  the address of the new residence and contact information of the person. 2020, c. 25, Sched. 1, s. 15. Significant impacts, additional requirements (3) If the change in residence is likely to have a significant impact on the child’s relationship with the person, the following additional requirements apply with respect to the notice: 1.  The notice shall be given at least 60 days before the date on which the change is expected to occur. 2.  The notice shall be in the form prescribed by the regulations or, if no form is prescribed, shall be in writing and shall set out, i.  a proposal as to how contact could be exercised, and ii.  any other information that may be prescribed by the regulations. 2020, c. 25, Sched. 1, s. 15. Exception (4) On application, the court may in any circumstance provide that subsections (1), (2) and (3) or anything prescribed by the regulations for the purposes of paragraph 2 of subsection (3) do not apply, or apply with any changes the court specifies, if the court is of the opinion that it is appropriate to do so, including if there is a risk of family violence. 2020, c. 25, Sched. 1, s. 15. Same (5) An application under subsection (4) may be made without notice to any other party. 2020, c. 25, Sched. 1, s. 15. Regulations (6) The Attorney General may make regulations prescribing anything in this section that may be prescribed by the regulations. 2020, c. 25, Sched. 1, s. 15. Section Amendments with date in force (d/m/y) 2020, c. 25, Sched. 1, s. 15 - 01/03/2021
39.3 (1) A person who has decision-making responsibility or parenting time with respect to a child and who intends a relocation shall, at least 60 days before the expected date of the proposed relocation, notify any other person who has decision-making responsibility, parenting time or contact under a contact order with respect to the child of the intention. 2020, c. 25, Sched. 1, s. 15. Notice requirements (2) The notice shall be in the form prescribed by the regulations or, if no form is prescribed, shall be in writing and shall set out, (a)  the expected date of the proposed relocation; (b)  the address of the new residence and contact information of the person or child, as the case may be; (c)  a proposal as to how decision-making responsibility, parenting time or contact, as the case may be, could be exercised; and (d)  any other information that may be prescribed by the regulations. 2020, c. 25, Sched. 1, s. 15. Exception (3) On application, the court may in any circumstance provide that subsections (1) and (2) or anything prescribed by the regulations for the purposes of subsection (2) do not apply, or apply with any changes the court specifies, if the court is of the opinion that it is appropriate to do so, including if there is a risk of family violence. 2020, c. 25, Sched. 1, s. 15. Same (4) An application under subsection (3) may be made without notice to any other party. 2020, c. 25, Sched. 1, s. 15. Objection (5) A person with decision-making responsibility or parenting time who receives notice of the proposed relocation under subsection (1) may, no later than 30 days after receiving the notice, object to the relocation by, (a)  notifying the person who gave the notice of proposed relocation of the objection to the relocation; or (b)  making an application under section 21. 2020, c. 25, Sched. 1, s. 15. Notice requirements (6) A notice under clause (5) (a) shall be in writing and shall set out, (a)  a statement that the person objects to the relocation; (b)  the reasons for the objection; (c)  the person’s views on the proposal referred to in clause (2) (c); and (d)  any other information that may be prescribed by the regulations. 2020, c. 25, Sched. 1, s. 15. Regulations (7) The Attorney General may make regulations, (a)  prescribing anything in this section that may be prescribed by the regulations; (b)  requiring that a notice under this section be given in a manner specified by the regulations. 2020, c. 25, Sched. 1, s. 15. Section Amendments with date in force (d/m/y) 2020, c. 25, Sched. 1, s. 15 - 01/03/2021
40 Upon application, a court, (a)  that is satisfied that a child has been wrongfully removed to or is being wrongfully retained in Ontario; or (b)  that may not exercise jurisdiction under section 22 or that has declined jurisdiction under section 25 or 42, may do any one or more of the following: 1.  Make such interim parenting order or contact order as the court considers is in the best interests of the child. 2.  Stay the application subject to, i.  the condition that a party to the application promptly commence a similar proceeding before an extra-provincial tribunal, or ii.  such other conditions as the court considers appropriate. 3.  Order a party to return the child to such place as the court considers appropriate and, in the discretion of the court, order payment of the cost of the reasonable travel and other expenses of the child and any parties to or witnesses at the hearing of the application.  R.S.O. 1990, c. C.12, s. 40; 2020, c. 25, Sched. 1, s. 17. Section Amendments with date in force (d/m/y) 2020, c. 25, Sched. 1, s. 17 - 01/03/2021
41 (1) Upon application by any person in whose favour an order granting decision-making responsibility, parenting time or contact with respect to a child has been made by an extra-provincial tribunal, a court shall recognize the order unless the court is satisfied, (a)  that the respondent was not given reasonable notice of the commencement of the proceeding in which the order was made; (b)  that the respondent was not given an opportunity to be heard by the extra-provincial tribunal before the order was made; (c)  that the law of the place in which the order was made did not require the extra-provincial tribunal to have regard for the best interests of the child; (d)  that the order of the extra-provincial tribunal is contrary to public policy in Ontario; or (e)  that, in accordance with section 22, the extra-provincial tribunal would not have jurisdiction if it were a court in Ontario.  R.S.O. 1990, c. C.12, s. 41 (1); 2020, c. 25, Sched. 1, s. 18 (1). Effect of recognition of order (2) An order made by an extra-provincial tribunal that is recognized by a court shall be deemed to be an order of the court and enforceable as such.  R.S.O. 1990, c. C.12, s. 41 (2). Conflicting orders (3) A court presented with conflicting orders made by extra-provincial tribunals granting decision-making responsibility, parenting time or contact with respect to a child that, but for the conflict, would be recognized and enforced by the court under subsection (1) shall recognize and enforce the order that appears to the court to be most in accord with the best interests of the child.  R.S.O. 1990, c. C.12, s. 41 (3); 2020, c. 25, Sched. 1, s. 18 (2). Further orders (4) A court that has recognized an extra-provincial order may make such further orders under this Part as the court considers necessary to give effect to the order.  R.S.O. 1990, c. C.12, s. 41 (4). Section Amendments with date in force (d/m/y) 2020, c. 25, Sched. 1, s. 18 (1, 2) - 01/03/2021
42 (1) Upon application, a court by order may supersede an extra-provincial order in relation to decision-making responsibility, parenting time or contact with respect to a child where the court is satisfied that there has been a material change in circumstances that affects or is likely to affect the best interests of the child and, (a)  the child is habitually resident in Ontario at the commencement of the application for the order; or (b)  although the child is not habitually resident in Ontario, the court is satisfied, (i)  that the child is physically present in Ontario at the commencement of the application for the order, (ii)  that the child no longer has a real and substantial connection with the place where the extra-provincial order was made, (iii)  that substantial evidence concerning the best interests of the child is available in Ontario, (iv)  that the child has a real and substantial connection with Ontario, and (v)  that, on the balance of convenience, it is appropriate for jurisdiction to be exercised in Ontario.  R.S.O. 1990, c. C.12, s. 42 (1); 2020, c. 25, Sched. 1, s. 19. Declining jurisdiction (2) A court may decline to exercise its jurisdiction under this section where it is of the opinion that it is more appropriate for jurisdiction to be exercised outside Ontario.  R.S.O. 1990, c. C.12, s. 42 (2). Section Amendments with date in force (d/m/y) 2020, c. 25, Sched. 1, s. 19 - 01/03/2021
43 Upon application, a court may by order supersede an extra-provincial order in relation to decision-making responsibility, parenting time or contact with respect to a child if the court is satisfied that the child would, on the balance of probability, suffer serious harm if, (a)  the child remains with a person legally entitled to decision-making responsibility with respect to the child; (b)  the child is returned to a person legally entitled to decision-making responsibility with respect to the child; or (c)  the child is removed from Ontario. 2020, c. 25, Sched. 1, s. 20. Section Amendments with date in force (d/m/y) 2020, c. 25, Sched. 1, s. 20 - 01/03/2021
44 A copy of an extra-provincial order certified as a true copy by a judge, other presiding officer or registrar of the tribunal that made the order or by a person charged with keeping the orders of the tribunal is proof, in the absence of evidence to the contrary, of the making of the order, the content of the order and the appointment and signature of the judge, presiding officer, registrar or other person.  R.S.O. 1990, c. C.12, s. 44.
45 For the purposes of an application under this Part, a court may take notice, without requiring formal proof, of the law of a jurisdiction outside Ontario and of a decision of an extra-provincial tribunal.  R.S.O. 1990, c. C.12, s. 45. Convention on Civil Aspects of International Child Abduction
47 (1) Upon application by a child’s parent or by any other person, on notice to the Children’s Lawyer, a court may appoint a guardian of the child’s property.  2001, c. 9, Sched. B, s. 4 (1); 2016, c. 23, s. 8. Responsibility of guardian (2) A guardian of the property of a child has charge of and is responsible for the care and management of the property of the child.  R.S.O. 1990, c. C.12, s. 47 (2). Section amendments with date in force (d/m/y) 2001, c. 9, Sched. B, s. 4 (1) - 29/06/2001 2016, c. 23, s. 8
- 01/01/2017 Parents and joint guardians
48 (1) As between themselves and subject to any court order or any agreement between them, the parents of a child are equally entitled to be appointed by a court as guardians of the property of the child.  R.S.O. 1990, c. C.12, s. 48 (1); 2016, c. 23, s. 9 (1). Parent and other person (2) As between a parent of a child and a person who is not a parent of the child, the parent has a preferential entitlement to be appointed by a court as a guardian of the property of the child.  R.S.O. 1990, c. C.12, s. 48 (2); 2016, c. 23, s. 9 (2). More than one guardian (3) A court may appoint more than one guardian of the property of a child.  R.S.O. 1990, c. C.12, s. 48 (3). Guardians jointly responsible (4) Where more than one guardian is appointed of the property of a child, the guardians are jointly responsible for the care and management of the property of the child.  R.S.O. 1990, c. C.12, s. 48 (4). Section amendments with date in force (d/m/y) 2016, c. 23, s. 9 (1, 2)
- 01/01/2017
49 In deciding an application for the appointment of a guardian of the property of a child, the court shall consider all the circumstances, including, (a)  the ability of the applicant to manage the property of the child; (b)  the merits of the plan proposed by the applicant for the care and management of the property of the child; and (c)  the views and preferences of the child, where such views and preferences can reasonably be ascertained.  R.S.O. 1990, c. C.12, s. 49; 2001, c. 9, Sched. B, s. 4 (2). Section amendments with date in force (d/m/y) 2001, c. 9, Sched. B, s. 4 (2) - 29/06/2001
50 The appointment of a guardian by a court under this Part has effect in all parts of Ontario.  R.S.O. 1990, c. C.12, s. 50.
51 (1) If no guardian of a child’s property has been appointed, a person who is under a duty to pay money or deliver personal property to the child discharges that duty, to the extent of the amount paid or the value of the personal property delivered, subject to subsection (1.1), by paying money or delivering personal property to, (a)  the child, if the child has a legal obligation to support another person; (b)  a parent with whom the child resides; or (c)  a person who has lawful custody of the child.  2001, c. 9, Sched. B, s. 4 (3); 2016, c. 23, s. 10 (1). Same (1.1) The total of the amount of money paid and the value of personal property delivered under subsection (1) shall not exceed the prescribed amount.  2001, c. 9, Sched. B, s. 4 (3); 2021, c. 4, Sched. 2, s. 1 (1). Included amounts (2) Subsection (1) includes money payable on an intestacy or under a judgment or order of a court. 2021, c. 4, Sched. 2, s. 1 (2). Receipt for payment (3) A receipt or discharge for money or personal property not in excess of the amount or value set out in subsection (1) received for a child by a parent with whom the child resides or a person who has lawful custody of the child has the same validity as if a court had appointed the parent or the person as a guardian of the property of the child.  R.S.O. 1990, c. C.12, s. 51 (3); 2016, c. 23, s. 10 (2). Responsibility for money or property (4) A parent with whom a child resides or a person who has lawful custody of a child who receives and holds money or personal property referred to in subsection (1) has the responsibility of a guardian for the care and management of the money or personal property.  R.S.O. 1990, c. C.12, s. 51 (4); 2016, c. 23, s. 10 (3). Regulations (5) The Lieutenant Governor in Council may, by regulation, prescribe an amount for the purpose of subsection (1.1).  2001, c. 9, Sched. B, s. 4 (4). Section amendments with date in force (d/m/y) 2001, c. 9, Sched. B, s. 4 (3, 4) - 29/06/2001 2016, c. 23, s. 10 (1-3)
- 01/01/2017 2021, c. 4, Sched. 2, s. 1 (1, 2) - 19/04/2021
52 A guardian of the property of a child may be required to account or may voluntarily pass the accounts in respect of the care and management of the property of the child in the same manner as a trustee under a will may be required to account or may pass the accounts in respect of the trusteeship.  R.S.O. 1990, c. C.12, s. 52.
53 A guardian of the property of a child shall transfer to the child all property of the child in the care of the guardian when the child attains the age of eighteen years.  R.S.O. 1990, c. C.12, s. 53.
54 A guardian of the property of a child is entitled to payment of a reasonable amount for fees for and expenses of management of the property of the child.  R.S.O. 1990, c. C.12, s. 54.
55 (1) A court that appoints a guardian of the property of a child shall require the guardian to post a bond, with or without sureties, payable to the child in such amount as the court considers appropriate in respect of the care and management of the property of the child.  R.S.O. 1990, c. C.12, s. 55 (1). Where parent appointed guardian (2) Subsection (1) does not apply where the court appoints a parent of a child as guardian of the property of the child and the court is of the opinion that it is appropriate not to require the parent to post a bond.  R.S.O. 1990, c. C.12, s. 55 (2); 2016, c. 23, s. 11. Section amendments with date in force (d/m/y) 2016, c. 23, s. 11
- 01/01/2017
56 Upon application by a child who has a legal obligation to support another person, the court that appointed a guardian of the property of the child or a co-ordinate court by order shall end the guardianship for the child.  R.S.O. 1990, c. C.12, s. 56. Removal and resignation of guardian
57 (1) A guardian of the property of a child may be removed by a court for the same reasons for which a trustee may be removed.  R.S.O. 1990, c. C.12, s. 57 (1). Resignation (2) A guardian of the property of a child, with the permission of a court, may resign as guardian upon such conditions as the court considers appropriate.  R.S.O. 1990, c. C.12, s. 57 (2).
58 A notice of every application to a court for appointment of a guardian of the property of a child shall be transmitted by the clerk of the court to the Estate Registrar for Ontario.  R.S.O. 1990, c. C.12, s. 58; 1993, c. 27, Sched.; 2009, c. 11, s. 17. Section amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991 2009, c. 11, s. 17 - 14/05/2009 Disposition of Property
59 (1) Upon application by a child’s parent or by any other person, on notice to the Children’s Lawyer, the Superior Court of Justice by order may require or approve, or both, (a)  the disposition or encumbrance of all or part of the interest of the child in land; (b)  the sale of the interest of the child in personal property; or (c)  the payment of all or part of any money belonging to the child or of the income from any property belonging to the child, or both.  R.S.O. 1990, c. C.12, s. 59 (1); 2001, c. 9, Sched. B, s. 4 (5); 2016, c. 23, s. 12. Criteria (2) An order shall be made under subsection (1) only where the Court is of the opinion that the disposition, encumbrance, sale or payment is necessary or proper for the support or education of the child or will substantially benefit the child.  R.S.O. 1990, c. C.12, s. 59 (2). Conditions (3) An order under subsection (1) may be made subject to such conditions as the Court considers appropriate.  R.S.O. 1990, c. C.12, s. 59 (3). Limitation (4) The Court shall not require or approve a disposition or encumbrance of the interest of a child in land contrary to a term of the instrument by which the child acquired the interest.  R.S.O. 1990, c. C.12, s. 59 (4). Execution of documents (5) The Court, where it makes an order under subsection (1), may order that the child or another person named in the order execute any documents necessary to carry out the disposition, encumbrance, sale or payment.  R.S.O. 1990, c. C.12, s. 59 (5). Directions (6) The Court by order may give such directions as it considers necessary for the carrying out of an order made under subsection (1).  R.S.O. 1990, c. C.12, s. 59 (6). Validity of documents (7) Every document executed in accordance with an order under this section is as effectual as if the child by whom it was executed was eighteen years of age or, if executed by another person in accordance with the order, as if the child had executed it and had been eighteen years of age at the time.  R.S.O. 1990, c. C.12, s. 59 (7). Liability (8) No person incurs or shall be deemed to incur liability by making a payment in accordance with an order under clause (1) (c).  R.S.O. 1990, c. C.12, s. 59 (8). Section amendments with date in force (d/m/y) 2001, c. 9, Sched. B, s. 4 (5) - 29/06/2001 2016, c. 23, s. 12
- 01/01/2017
60 (1) Upon application by or with the consent of a person who has an estate for life in property with power to devise or appoint the property to one or more of his or her children, the Superior Court of Justice may order that such part of the proceeds of the property as the Court considers proper be used for the support, education or benefit of one or more of the children.  R.S.O. 1990, c. C.12, s. 60 (1); 2001, c. 9, Sched. B, s. 4 (7). Same (2) An order may be made under subsection (1) whether or not, (a)  there is a gift over in the event that there are no children to take under the power; or (b)  any person could dispose of the property in the event that there are no children to take under the power.  R.S.O. 1990, c. C.12, s. 60 (2). Section amendments with date in force (d/m/y) 2001, c. 9, Sched. B, s. 4 (7) - 29/06/2001 Testamentary Decision-Making Responsibility and Guardianship Appointments by will
61 (1) A person entitled to decision-making responsibility with respect to a child may appoint by will one or more persons to have decision-making responsibility with respect to the child after the death of the appointor. 2020, c. 25, Sched. 1, s. 22 (1). Guardianship (2) A guardian of the property of a child may appoint by will one or more persons to be guardians of the property of the child after the death of the appointor.  R.S.O. 1990, c. C.12, s. 61 (2). Appointment by minor (3) An unmarried parent who is a minor may make an appointment mentioned in subsection (1) or (2) by a written appointment signed by the parent.  R.S.O. 1990, c. C.12, s. 61 (3); 2016, c. 23, s. 13. Limitation (4) An appointment under subsection (1), (2) or (3) is effective only, (a)  if the appointor is the only person entitled to decision-making responsibility with respect to the child or who is the guardian of the property of the child, as the case requires, on the day immediately before the appointment is to take effect; or (b)  if the appointor and any other person entitled to decision-making responsibility with respect to the child or who is the guardian of the property of the child, as the case requires, die at the same time or in circumstances that render it uncertain which survived the other.  R.S.O. 1990, c. C.12, s. 61 (4); 2020, c. 25, Sched. 1, s. 22 (2). Where more than one appointment (5) Where two or more persons are appointed to have decision-making responsibility with respect to a child or to be guardians of the property of a child by appointors who die as mentioned in clause (4) (b), only the appointments of the persons appointed by both or all of the appointors are effective.  R.S.O. 1990, c. C.12, s. 61 (5); 2020, c. 25, Sched. 1, s. 22 (3). Consent of appointee (6) No appointment under subsection (1), (2) or (3) is effective without the consent of the person appointed.  R.S.O. 1990, c. C.12, s. 61 (6). Expiration of appointment (7) An appointment under subsection (1), (2) or (3) for decision-making responsibility with respect to a child or guardianship of the property of a child expires ninety days after the appointment becomes effective or, where the appointee applies under this Part for decision-making responsibility with respect to the child or guardianship of the property of the child within the ninety-day period, when the application is disposed of.  R.S.O. 1990, c. C.12, s. 61 (7); 2020, c. 25, Sched. 1, s. 22 (4). Application or order under ss. 21, 47 (8) An appointment under this section does not apply to prevent an application for or the making of an order under section 21 or 47.  R.S.O. 1990, c. C.12, s. 61 (8). Application (9) This section applies in respect of, (a)  any will made on or after the 1st day of October, 1982; and (b)  any will made before the 1st day of October, 1982, if the testator is living on that day.  R.S.O. 1990, c. C.12, s. 61 (9). Section amendments with date in force (d/m/y) 2016, c. 23, s. 13
- 01/01/2017 2020, c. 25, Sched. 1, s. 22 (1-4) - 01/03/2021 Procedure Procedure, general
62 (1) An application under this Part may be made in the same proceeding and in the same manner as an application under the Family Law Act, or in another proceeding.  R.S.O. 1990, c. C.12, s. 62 (1). Nature of order (2) An application under this Part may be an original application or for the variance of an order previously given or to supersede an order of an extra-provincial tribunal.  R.S.O. 1990, c. C.12, s. 62 (2). Parties (3) The parties to an application under this Part in respect of a child shall include, (a)  the child’s parents; (b)  a person who has demonstrated a settled intention to treat the child as a child of his or her family; (c)  a person who had the actual care and upbringing of the child immediately before the application; and (d)  any other person whose presence as a party is necessary to determine the matters in issue.  R.S.O. 1990, c. C.12, s. 62 (3); 2016, c. 23, s. 14. Combining of applications (4) Where, in an application under this Part, it appears to the court that it is necessary or desirable in the best interests of the child to have other matters first or simultaneously determined, the court may direct that the application stand over until such other proceedings are brought or determined as the court considers appropriate, subject to section 26.  R.S.O. 1990, c. C.12, s. 62 (4). If identity of other biological parent not known (5) Where, in respect of a child conceived through sexual intercourse but not through insemination by a sperm donor, there is no presumption of parentage and the identity of the person whose sperm resulted in the conception of the child is not known or is not reasonably capable of being ascertained, the court may order substituted service or may dispense with service of documents on the person whose sperm resulted in the conception of the child in the proceeding. 2020, c. 25, Sched. 1, s. 23. Section amendments with date in force (d/m/y) 2016, c. 23, s. 14
- 01/01/2017 2020, c. 25, Sched. 1, s. 23 - 20/11/2020
63 (1) A minor who is a parent may make an application under this Part without a next friend and may respond without a litigation guardian.  R.S.O. 1990, c. C.12, s. 63 (1); 2016, c. 23, s. 15. Consent by minor (2) A consent in respect of a matter provided for by this Part is not invalid by reason only that the person giving the consent is a minor.  R.S.O. 1990, c. C.12, s. 63 (2). Section amendments with date in force (d/m/y) 2016, c. 23, s. 15
- 01/01/2017
64 (1) In considering an application under this Part, a court where possible shall take into consideration the views and preferences of the child to the extent that the child is able to express them.  R.S.O. 1990, c. C.12, s. 64 (1). Interview by court (2) The court may interview the child to determine the views and preferences of the child.  R.S.O. 1990, c. C.12, s. 64 (2). Recording (3) The interview shall be recorded.  R.S.O. 1990, c. C.12, s. 64 (3). Counsel (4) The child is entitled to be advised by and to have his or her counsel, if any, present during the interview.  R.S.O. 1990, c. C.12, s. 64 (4).
65 Nothing in this Part abrogates the right of a child of sixteen or more years of age to withdraw from parental control.  R.S.O. 1990, c. C.12, s. 65.
66 Except as otherwise provided, where an application is made to a court under this Part, no person who is a party to the proceeding shall make an application under this Part to any other court in respect of a matter in issue in the proceeding, but the court may order that the proceeding be transferred to a court having other jurisdiction where, in the opinion of the court, the court having other jurisdiction is more appropriate to determine the matters in issue that should be determined at the same time.  R.S.O. 1990, c. C.12, s. 66. Consent and domestic contracts
67 (1) Upon the consent of the parties in an application under this Part, the court may make any order that the court is otherwise empowered to make by this Part, subject to the duty of the court to have regard to the best interests of the child.  R.S.O. 1990, c. C.12, s. 67 (1). Incorporation of contract in order (2) Any matter provided for in this Part and in a domestic contract as defined in the Family Law Act
may be incorporated in an order made under this Part.  R.S.O. 1990, c. C.12, s. 67 (2).
68 Where a domestic contract as defined in the Family Law Act makes provision in respect of a matter that is provided for in this Part, the contract prevails except as otherwise provided in Part IV of the Family Law Act.  R.S.O. 1990, c. C.12, s. 68.
69 This Part does not deprive the Superior Court of Justice of its parens patriae
jurisdiction.  R.S.O. 1990, c. C.12, s. 69; 2001, c. 9, Sched. B, s. 4 (7). Section amendments with date in force (d/m/y) 2001, c. 9, Sched. B, s. 4 (7) - 29/06/2001
70 (1) Where a proceeding includes an application under this Part, the court shall consider whether it is appropriate to order, (a)  that access to all or part of the court file be limited to, (i)  the court and authorized court employees, (ii)  the parties and their counsel, (iii)  counsel, if any, representing the child who is the subject of the application, and (iv)  any other person that the court may specify; or (b)  that no person shall publish or make public information that has the effect of identifying any person referred to in any document relating to the application that appears in the court file.  2009, c. 11, s. 18. Considerations (2) In determining whether to make an order under subsection (1), the court shall consider, (a)  the nature and sensitivity of the information contained in the documents relating to the application under this Part that appear in the court file; and (b)  whether not making the order could cause physical, mental or emotional harm to any person referred to in those documents.  2009, c. 11, s. 18. Order on application (3) Any interested person may make an application for an order under subsection (1).  2009, c. 11, s. 18. Varying or discharging order (4) The court may vary or discharge an order made under subsection (1).  2009, c. 11, s. 18. Section amendments with date in force (d/m/y) 2001, c. 9, Sched. B, s. 4 (6) - 29/06/2001 2009, c. 11, s. 18 - 01/03/2010 Where to apply for interim orders and variations
71 (1) An application for an interim order shall be made to the court in which the original proceeding was taken.  R.S.O. 1990, c. C.12, s. 71 (1). Place of application to vary order (2) An application under this Part to vary an order may be made to the court in which the original proceeding was taken or to a co-ordinate court in another part of Ontario.  R.S.O. 1990, c. C.12, s. 71 (2).
72 In a proceeding under this Part, the court may make such interim order as the court considers appropriate.  R.S.O. 1990, c. C.12, s. 72.
73 (1) Subject to subsection (2), (a)  an appeal from an order of the Ontario Court of Justice under this Part lies to the Superior Court of Justice; (b)  an appeal from an order of the Family Court under this Part lies to the Divisional Court; and (c)  an appeal from an order of the Superior Court of Justice under this Part, other than an order of the Family Court, lies to the proper appellate court as determined under the Courts of Justice Act. 2020, c. 25, Sched. 2, s. 6. Matters that must be appealed to the Court of Appeal (2) An appeal from an order made in accordance with section 22, 41, 42 or 43, or made in accordance with the Schedule to section 46, lies to the Court of Appeal. 2020, c. 25, Sched. 2, s. 6. Transition (3) This section, as it read immediately before the day section 6 of Schedule 2 to the Moving Ontario Family Law Forward Act, 2020 came into force, continues to apply to, (a)  any case in which a notice of appeal was filed before that day; and (b)  any further appeals or proceedings arising from a case described in clause (a). 2020, c. 25, Sched. 2, s. 6. Section amendments with date in force (d/m/y) 2001, c. 9, Sched. B, s. 4 (7, 8) - 29/06/2001 2020, c. 25, Sched. 2, s. 6 - 01/03/2021
74 An order under this Part is effective even if an appeal is taken from the order, unless the court that made the order or the court to which the appeal is taken orders otherwise.  R.S.O. 1990, c. C.12, s. 74.
75 (1) For the purposes of construing any instrument, Act or regulation, unless the contrary intention appears, a reference to a guardian with respect to the person of a child shall be construed to refer to decision-making responsibility with respect to the child and a reference to a guardian with respect to property of a child shall be construed to refer to guardianship of the property of the child.  R.S.O. 1990, c. C.12, s. 75 (1); 2020, c. 25, Sched. 1, s. 24. Application (2) Subsection (1) applies to any instrument, any Act of the Legislature or any regulation, order or by-law made under an Act of the Legislature enacted or made before, on or after the 1st day of October, 1982.  R.S.O. 1990, c. C.12, s. 75 (2). Section amendments with date in force (d/m/y) 2020, c. 25, Sched. 1, s. 24 - 01/03/2021
may do any one or more of the following: 1.  Make such interim parenting order or contact order as the court considers is in the best interests of the child. 2.  Stay the application subject to, i.  the condition that a party to the application promptly commence a similar proceeding before an extra-provincial tribunal, or ii.  such other conditions as the court considers appropriate. 3.  Order a party to return the child to such place as the court considers appropriate and, in the discretion of the court, order payment of the cost of the reasonable travel and other expenses of the child and any parties to or witnesses at the hearing of the application.  R.S.O. 1990, c. C.12, s. 40; 2020, c. 25, Sched. 1, s. 17. Section Amendments with date in force (d/m/y) 2020, c. 25, Sched. 1, s. 17 - 01/03/2021