jswizzle3737/ontario_laws_and_regs huggingface dataset:
53 (1) Two persons who are cohabiting or intend to cohabit and who are not married to each other may enter into an agreement in which they agree on their respective rights and obligations during cohabitation, or on ceasing to cohabit or on death, including, (a) ownership in or division of property; (b) support obligations; (c) the right to direct the education and moral training of their children, but not the right to decision-making responsibility or parenting time with respect to their children; and (d) any other matter in the settlement of their affairs.  R.S.O. 1990, c. F.3, s. 53 (1); 1999, c. 6, s. 25 (23); 2005, c. 5, s. 27 (26); 2020, c. 25, Sched. 1, s. 28 (7). Effect of marriage on agreement (2) If the parties to a cohabitation agreement marry each other, the agreement shall be deemed to be a marriage contract.  R.S.O. 1990, c. F.3, s. 53 (2). Section Amendments with date in force (d/m/y) 1999, c. 6, s. 25 (23) - 20/11/1999 2005, c. 5, s. 27 (26) - 09/03/2005 2020, c. 25, Sched. 1, s. 28 (7) - 01/03/2021
54 Two persons who cohabited and are living separate and apart may enter into an agreement in which they agree on their respective rights and obligations, including, (a) ownership in or division of property; (b) support obligations; (c) the right to direct the education and moral training of their children; (d) the right to decision-making responsibility or parenting time with respect to their children; and (e) any other matter in the settlement of their affairs.  R.S.O. 1990, c. F.3, s. 54; 1999, c. 6, s. 25 (24); 2005, c. 5, s. 27 (27); 2020, c. 25, Sched. 1, s. 28 (8). Section Amendments with date in force (d/m/y) 1999, c. 6, s. 25 (24) - 20/11/1999 2005, c. 5, s. 27 (27) - 09/03/2005 2020, c. 25, Sched. 1, s. 28 (8) - 01/03/2021 Form and capacity
55 (1) A domestic contract and an agreement to amend or rescind a domestic contract are unenforceable unless made in writing, signed by the parties and witnessed.  R.S.O. 1990, c. F.3, s. 55 (1). Capacity of minor (2) A minor has capacity to enter into a domestic contract, subject to the approval of the court, which may be given before or after the minor enters into the contract.  R.S.O. 1990, c. F.3, s. 55 (2). Guardian, attorney (3) If a mentally incapable person has a guardian of property or an attorney under a continuing power of attorney for property, and the guardian or attorney is not his or her spouse, the guardian or attorney may enter into a domestic contract or give any waiver or consent under this Act on the person’s behalf, subject to the court’s prior approval.  2009, c. 33, Sched. 2, s. 34 (4). P.G.T. (4) In all other cases of mental incapacity, the Public Guardian and Trustee has power to act on the person’s behalf in accordance with subsection (3).  1992, c. 32, s. 12. Section Amendments with date in force (d/m/y) 1992, c. 32, s. 12 - 10/12/1992 2009, c. 33, Sched. 2, s. 34 (4) - 15/12/2009 Provisions that may be set aside or disregarded
56 (1) In the determination of a matter respecting the education, moral training or decision-making responsibility or parenting time with respect to a child, the court may disregard any provision of a domestic contract pertaining to the matter where, in the opinion of the court, to do so is in the best interests of the child.  R.S.O. 1990, c. F.3, s. 56 (1); 1997, c. 20, s. 10 (1); 2020, c. 25, Sched. 1, s. 28 (9). Contracts subject to child support guidelines (1.1) In the determination of a matter respecting the support of a child, the court may disregard any provision of a domestic contract pertaining to the matter where the provision is unreasonable having regard to the child support guidelines, as well as to any other provision relating to support of the child in the contract.  1997, c. 20, s. 10 (2); 2006, c. 1, s. 5 (8). Clauses requiring chastity (2) A provision in a domestic contract to take effect on separation whereby any right of a party is dependent upon remaining chaste is unenforceable, but this subsection shall not be construed to affect a contingency upon marriage or cohabitation with another.  R.S.O. 1990, c. F.3, s. 56 (2). Idem (3) A provision in a domestic contract made before the 1st day of March, 1986 whereby any right of a party is dependent upon remaining chaste shall be given effect as a contingency upon marriage or cohabitation with another.  R.S.O. 1990, c. F.3, s. 56 (3). Setting aside domestic contract (4) A court may, on application, set aside a domestic contract or a provision in it, (a) if a party failed to disclose to the other significant assets, or significant debts or other liabilities, existing when the domestic contract was made; (b) if a party did not understand the nature or consequences of the domestic contract; or (c) otherwise in accordance with the law of contract.  R.S.O. 1990, c. F.3, s. 56 (4). Barriers to remarriage (5) The court may, on application, set aside all or part of a separation agreement or settlement, if the court is satisfied that the removal by one spouse of barriers that would prevent the other spouse’s remarriage within that spouse’s faith was a consideration in the making of the agreement or settlement.  R.S.O. 1990, c. F.3, s. 56 (5). Idem (6) Subsection (5) also applies to consent orders, releases, notices of discontinuance and abandonment and other written or oral arrangements.  R.S.O. 1990, c. F.3, s. 56 (6). Application of subss. (4, 5, 6) (7) Subsections (4), (5) and (6) apply despite any agreement to the contrary.  R.S.O. 1990, c. F.3, s. 56 (7). Section Amendments with date in force (d/m/y) 1997, c. 20, s. 10 (1, 2) - 01/12/1997 2006, c. 1, s. 5 (8) - 30/04/2007 2020, c. 25, Sched. 1, s. 28 (9) - 01/03/2021 Provisions re pension plan
56.1 (1) In this section, “family law valuation date” means, with respect to the parties to a domestic contract, (a) the valuation date under Part I (Family Property) that applies in respect of the parties, or (b) for parties to whom Part I does not apply, the date on which they separate and there is no reasonable prospect that they will resume cohabitation.  2009, c. 11, s. 37. Immediate transfer of lump sum (2) A domestic contract may provide for the immediate transfer of a lump sum out of a pension plan, but, except as permitted under subsection (3), not for any other division of a party’s interest in the plan.  2009, c. 11, s. 37. Division of pension payments (3) If payment of the first instalment of a party’s pension under a pension plan is due on or before the family law valuation date, the domestic contract may provide for the division of pension payments, but not for any other division of the party’s interest in the plan.  2009, c. 11, s. 37. Restrictions re certain pension plans (4) If the Pension Benefits Act applies to the pension plan, the restrictions under sections 67.3 and 67.4 of that Act or under sections 67.8 and 67.9 of that Act in relation to variable benefits apply with respect to the division of the party’s interest in the plan under a domestic contract.  2009, c. 11, s. 37; 2017, c. 8, Sched. 27, s. 21 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 56.1 (4) of the Act is amended by striking out “sections 67.3 and 67.4” and substituting “sections 67.3, 67.3.1, 67.4 and 67.4.1”. (See: 2019, c. 14, Sched. 9, s. 43) Same (4.1) If the Pooled Registered Pension Plans Act, 2015 applies to the pension plan, the restrictions under sections 19 and 20 of that Act apply with respect to the division of the party’s interest in the plan under a domestic contract. 2015, c. 9, s. 28 (2). Valuation (5) Subsections 10.1 (1) and (2) apply, with necessary modifications, with respect to the valuation of a party’s interest in a pension plan.  2009, c. 11, s. 37. Same, pooled registered pension plans (5.1) Subsection 10.1 (1.1) applies, with necessary modifications, with respect to the valuation of a party’s interest in a pension plan to which the Pooled Registered Pension Plans Act, 2015 applies. 2015, c. 9, s. 28 (2). Transition, family law valuation date (6) This section applies whether the family law valuation date is before, on or after the date on which this section comes into force.  2009, c. 11, s. 37. Transition, previous domestic contracts (7) This section does not apply to a domestic contract that provided, before the date on which this section comes into force, for the division of a party’s interest in a pension plan.  2009, c. 11, s. 37. Section Amendments with date in force (d/m/y) 2009, c. 11, s. 37 - 01/01/2012 2015, c. 9, s. 28 (2)
- 08/11/2016 2017, c. 8, Sched. 27, s. 21 (2) - 01/01/2020 2019, c. 14, Sched. 9, s. 43 - not in force
57 If a domestic contract provides that specific gifts made to one or both parties may not be disposed of or encumbered without the consent of the donor, the donor shall be deemed to be a party to the contract for the purpose of enforcement or amendment of the provision.  R.S.O. 1990, c. F.3, s. 57.
58 The manner and formalities of making a domestic contract and its essential validity and effect are governed by the proper law of the contract, except that, (a) a contract of which the proper law is that of a jurisdiction other than Ontario is also valid and enforceable in Ontario if entered into in accordance with Ontario’s internal law; (b) subsection 33 (4) (setting aside provision for support or waiver) and section 56 apply in Ontario to contracts for which the proper law is that of a jurisdiction other than Ontario; and (c) a provision in a marriage contract or cohabitation agreement respecting the right to decision-making responsibility or parenting time with respect to children is not enforceable in Ontario.  R.S.O. 1990, c. F.3, s. 58; 2020, c. 25, Sched. 1, s. 28 (10). Section Amendments with date in force (d/m/y) 2020, c. 25, Sched. 1, s. 28 (10) - 01/03/2021
59 (1) If a man and a woman who are not spouses enter into an agreement for, (a) the payment of the expenses of a child’s prenatal care and birth; (b) support of a child; or (c) funeral expenses of the child or mother, on the application of a party, or a children’s aid society, to the Ontario Court of Justice or the Family Court of the Superior Court of Justice, the court may incorporate the agreement in an order, and Part III (Support Obligations) applies to the order in the same manner as if it were an order made under that Part.  R.S.O. 1990, c. F.3, s. 59 (1); 2006, c. 19, Sched. C, s. 1 (2, 4). Child support guidelines (1.1) A court shall not incorporate an agreement for the support of a child in an order under subsection (1) unless the court is satisfied that the agreement is reasonable having regard to the child support guidelines, as well as to any other provision relating to support of the child in the agreement.  1997, c. 20, s. 11. Absconding respondent (2) If an application is made under subsection (1) and a judge of the court is satisfied that the respondent is about to leave Ontario and that there are reasonable grounds to believe that the respondent intends to evade his or her responsibilities under the agreement, the judge may issue a warrant in the form prescribed by the rules of the court for the respondent’s arrest.  R.S.O. 1990, c. F.3, s. 59 (2); 2009, c. 11, s. 38. Bail (3) Section 150 (interim release by justice of the peace) of the Provincial Offences Act applies with necessary modifications to an arrest under the warrant.  R.S.O. 1990, c. F.3, s. 59 (3). Capacity of minor (4) A minor has capacity to enter into an agreement under subsection (1) that is approved by the court, whether the approval is given before or after the minor enters into the agreement.  R.S.O. 1990, c. F.3, s. 59 (4). Application to existing agreements (5) This section applies to paternity agreements that were made before the 1st day of March, 1986.  R.S.O. 1990, c. F.3, s. 59 (5). Transitional provision (6) A paternity agreement that is made before the day section 4 of the Family Statute Law Amendment Act, 2006 comes into force is not invalid for the reason only that it does not comply with subsection 55 (1).  2006, c. 1, s. 5 (9). Section Amendments with date in force (d/m/y) 1997, c. 20, s. 11 - 01/12/1997 2006, c. 1, s. 5 (9) - 30/04/2007; 2006, c. 19, Sched. C, s. 1 (2, 4) - 22/06/2006 2009, c. 11, s. 38
- 14/05/2009
59.1 (1) Family arbitrations, family arbitration agreements and family arbitration awards are governed by this Act and by the Arbitration Act, 1991.  2006, c. 1, s. 5 (10). Conflict (2) In the event of conflict between this Act and the Arbitration Act, 1991, this Act prevails.  2006, c. 1, s. 5 (10). Section Amendments with date in force (d/m/y) 2006, c. 1, s. 5 (10) - 30/04/2007
59.2 (1) When a decision about a matter described in clause (a) of the definition of “family arbitration” in section 51 is made by a third person in a process that is not conducted exclusively in accordance with the law of Ontario or of another Canadian jurisdiction, (a) the process is not a family arbitration; and (b) the decision is not a family arbitration award and has no legal effect.  2006, c. 1, s. 5 (10). Advice (2) Nothing in this section restricts a person’s right to obtain advice from another person.  2006, c. 1, s. 5 (10). Section Amendments with date in force (d/m/y) 2006, c. 1, s. 5 (10) - 30/04/2007
59.3 Any express or implied agreement by the parties to a family arbitration agreement to vary or exclude any of sections 59.1 to 59.7 is without effect.  2006, c. 1, s. 5 (10). Section Amendments with date in force (d/m/y) 2006, c. 1, s. 5 (10)
- 30/04/2007
59.4 A family arbitration agreement and an award made under it are unenforceable unless the family arbitration agreement is entered into after the dispute to be arbitrated has arisen.  2006, c. 1, s. 5 (10). Section Amendments with date in force (d/m/y) 2006, c. 1, s. 5 (10)
- 30/04/2007 Award re pension plan
59.6 (1) A family arbitration award is enforceable only if, (a) the family arbitration agreement under which the award is made is made in writing and complies with any regulations made under the Arbitration Act, 1991; (b) each of the parties to the agreement receives independent legal advice before making the agreement; (c) the requirements of section 38 of the Arbitration Act, 1991 are met (formal requirements, writing, reasons, delivery to parties); and (d) the arbitrator complies with any regulations made under the Arbitration Act, 1991.  2006, c. 1, s. 5 (10). Certificate of independent legal advice (2) When a person receives independent legal advice as described in clause (1) (b), the lawyer who provides the advice shall complete a certificate of independent legal advice, which may be in a form approved by the Attorney General.  2006, c. 1, s. 5 (10). Section Amendments with date in force (d/m/y) 2006, c. 1, s. 5 (10) - 30/04/2007
59.7 (1) The following special rules apply to a secondary arbitration and to an award made as the result of a secondary arbitration: 1. Despite section 59.4, the award is not unenforceable for the sole reason that the separation agreement was entered into or the court order or earlier award was made before the dispute to be arbitrated in the secondary arbitration had arisen. 2. Despite clause 59.6 (1) (b), it is not necessary for the parties to receive independent legal advice before participating in the secondary arbitration. 3. Despite clause 59.6 (1) (c), the requirements of section 38 of the Arbitration Act, 1991 need not be met.  2006, c. 1, s. 5 (10). Definition (2) In this section, “secondary arbitration” means a family arbitration that is conducted in accordance with a separation agreement, a court order or a family arbitration award that provides for the arbitration of possible future disputes relating to the ongoing management or implementation of the agreement, order or award.  2006, c. 1, s. 5 (10). Section Amendments with date in force (d/m/y) 2006, c. 1, s. 5 (10) - 30/04/2007
59.8 (1) A party who is entitled to the enforcement of a family arbitration award may make an application to the Superior Court of Justice or the Family Court to that effect.  2006, c. 1, s. 5 (10). Application or motion (2) If there is already a proceeding between the parties to the family arbitration agreement, the party entitled to enforcement shall make a motion in that proceeding rather than an application.  2006, c. 1, s. 5 (10). Notice, supporting documents (3) The application or motion shall be made on notice to the person against whom enforcement is sought and shall be supported by, (a) the original award or a certified copy; (b) a copy of the family arbitration agreement; and (c) copies of the certificates of independent legal advice.  2006, c. 1, s. 5 (10). Order (4) If the family arbitration award satisfies the conditions set out in subsection 59.6 (1), the court shall make an order in the same terms as the award, unless, (a) the period for commencing an appeal or an application to set the award aside has not yet elapsed; (b) there is a pending appeal, application to set the award aside or application for a declaration of invalidity; or (c) the award has been set aside or the arbitration is the subject of a declaration of invalidity.  2006, c. 1, s. 5 (10). Pending proceeding (5) If clause (4) (a) or (b) applies, the court may, (a) make an order in the same terms as the award; or (b) order, on such conditions as are just, that enforcement of the award is stayed until the period has elapsed without an appeal or application being commenced or until the pending proceeding is finally disposed of.  2006, c. 1, s. 5 (10). Unusual remedies (6) If the family arbitration award gives a remedy that the court does not have jurisdiction to grant or would not grant in a proceeding based on similar circumstances, the court may, (a) make an order granting a different remedy, if the applicant requests it; or (b) remit the award to the arbitrator with the court’s opinion, in which case the arbitrator may award a different remedy.  2006, c. 1, s. 5 (10). Section Amendments with date in force (d/m/y) 2006, c. 1, s. 5 (10) - 30/04/2007
60 (1) A domestic contract validly made before the 1st day of March, 1986 shall be deemed to be a domestic contract for the purposes of this Act.  R.S.O. 1990, c. F.3, s. 60 (1). Contracts entered into before the 1st day of March, 1986 (2) If a domestic contract was entered into before the 1st day of March, 1986 and the contract or any part would have been valid if entered into on or after that day, the contract or part is not invalid for the reason only that it was entered into before that day.  R.S.O. 1990, c. F.3, s. 60 (2). Idem (3) If property is transferred, under an agreement or understanding reached before the 31st day of March, 1978, between spouses who are living separate and apart, the transfer is effective as if made under a domestic contract.  R.S.O. 1990, c. F.3, s. 60 (3). PART V   DEPENDANTS’ CLAIM FOR DAMAGES
61 (1) If a person is injured or killed by the fault or neglect of another under circumstances where the person is entitled to recover damages, or would have been entitled if not killed, the spouse, as defined in Part III (Support Obligations), children, grandchildren, parents, grandparents, brothers and sisters of the person are entitled to recover their pecuniary loss resulting from the injury or death from the person from whom the person injured or killed is entitled to recover or would have been entitled if not killed, and to maintain an action for the purpose in a court of competent jurisdiction.  R.S.O. 1990, c. F.3, s. 61 (1); 1999, c. 6, s. 25 (25); 2005, c. 5, s. 27 (28). Damages in case of injury (2) The damages recoverable in a claim under subsection (1) may include, (a) actual expenses reasonably incurred for the benefit of the person injured or killed; (b) actual funeral expenses reasonably incurred; (c) a reasonable allowance for travel expenses actually incurred in visiting the person during his or her treatment or recovery; (d) where, as a result of the injury, the claimant provides nursing, housekeeping or other services for the person, a reasonable allowance for loss of income or the value of the services; and (e) an amount to compensate for the loss of guidance, care and companionship that the claimant might reasonably have expected to receive from the person if the injury or death had not occurred.  R.S.O. 1990, c. F.3, s. 61 (2). Contributory negligence (3) In an action under subsection (1), the right to damages is subject to any apportionment of damages due to contributory fault or neglect of the person who was injured or killed.  R.S.O. 1990, c. F.3, s. 61 (3). (4) Repealed:  2002, c. 24, Sched. B, s. 25. Section Amendments with date in force (d/m/y) 1999, c. 6, s. 25 (25) - 20/11/1999 2002, c. 24, Sched. B, s. 25 - 01/01/2004 2005, c. 5, s. 27 (28) - 09/03/2005
62 (1) The defendant may make an offer to settle for one sum of money as compensation for his or her fault or neglect to all plaintiffs, without specifying the shares into which it is to be divided.  R.S.O. 1990, c. F.3, s. 62 (1). Apportionment (2) If the offer is accepted and the compensation has not been otherwise apportioned, the court may, on motion, apportion it among the plaintiffs.  R.S.O. 1990, c. F.3, s. 62 (2). Payment before apportionment (3) The court may direct payment from the fund before apportionment.  R.S.O. 1990, c. F.3, s. 62 (3). Payment may be postponed (4) The court may postpone the distribution of money to which minors are entitled.  R.S.O. 1990, c. F.3, s. 62 (4).
63 In assessing damages in an action brought under this Part, the court shall not take into account any sum paid or payable as a result of the death or injury under a contract of insurance.  R.S.O. 1990, c. F.3, s. 63. PART VI   AMENDMENTS TO THE COMMON LAW
64 (1) For all purposes of the law of Ontario, a married person has a legal personality that is independent, separate and distinct from that of his or her spouse.  R.S.O. 1990, c. F.3, s. 64 (1). Capacity of married person (2) A married person has and shall be accorded legal capacity for all purposes and in all respects as if he or she were an unmarried person and, in particular, has the same right of action in tort against his or her spouse as if they were not married.  R.S.O. 1990, c. F.3, s. 64 (2). Purpose of subss. (1, 2) (3) The purpose of subsections (1) and (2) is to make the same law apply, and apply equally, to married men and married women and to remove any difference in it resulting from any common law rule or doctrine.  R.S.O. 1990, c. F.3, s. 64 (3).
65 No person is disentitled from bringing an action or other proceeding against another for the reason only that they are parent and child.  R.S.O. 1990, c. F.3, s. 65.
66 No person is disentitled from recovering damages in respect of injuries for the reason only that the injuries were incurred before his or her birth.  R.S.O. 1990, c. F.3, s. 66.
67 The domicile of a person who is a minor is, (a) if the minor habitually resides with both parents and the parents have a common domicile, that domicile; (b) if the minor habitually resides with one parent only, that parent’s domicile; (c) if the minor resides with another person who has lawful custody of him or her, that person’s domicile; or (d) if the minor’s domicile cannot be determined under clause (a), (b) or (c), the jurisdiction with which the minor has the closest connection.  R.S.O. 1990, c. F.3, s. 67. 68 Repealed:  2000, c. 4, s. 12. Section Amendments with date in force (d/m/y) 2000, c. 4, s. 12 - 15/08/2000 General
70 (1) Sections 5 to 8 apply unless, (a) an application under section 4 of the Family Law Reform Act, being chapter 152 of the Revised Statutes of Ontario, 1980 was adjudicated or settled before the 4th day of June, 1985; or (b) the first spouse’s death occurred before the 1st day of March, 1986.  R.S.O. 1990, c. F.3, s. 70 (1). Application of Part II (2) Part II (Matrimonial Home) applies unless a proceeding under Part III of the Family Law Reform Act, being chapter 152 of the Revised Statutes of Ontario, 1980 to determine the rights between spouses in respect of the property concerned was adjudicated or settled before the 4th day of June, 1985.  R.S.O. 1990, c. F.3, s. 70 (2). Interpretation of existing contracts (3) A separation agreement or marriage contract that was validly made before the 1st day of March, 1986 and that excludes a spouse’s property from the application of sections 4 and 8 of the Family Law Reform Act, being chapter 152 of the Revised Statutes of Ontario, 1980, (a) shall be deemed to exclude that property from the application of section 5 of this Act; and (b) shall be read with necessary modifications.  R.S.O. 1990, c. F.3, s. 70 (3). ______________  Français
on the application of a party, or a children’s aid society, to the Ontario Court of Justice or the Family Court of the Superior Court of Justice, the court may incorporate the agreement in an order, and Part III (Support Obligations) applies to the order in the same manner as if it were an order made under that Part.  R.S.O. 1990, c. F.3, s. 59 (1); 2006, c. 19, Sched. C, s. 1 (2, 4). Child support guidelines (1.1) A court shall not incorporate an agreement for the support of a child in an order under subsection (1) unless the court is satisfied that the agreement is reasonable having regard to the child support guidelines, as well as to any other provision relating to support of the child in the agreement.  1997, c. 20, s. 11. Absconding respondent (2) If an application is made under subsection (1) and a judge of the court is satisfied that the respondent is about to leave Ontario and that there are reasonable grounds to believe that the respondent intends to evade his or her responsibilities under the agreement, the judge may issue a warrant in the form prescribed by the rules of the court for the respondent’s arrest.  R.S.O. 1990, c. F.3, s. 59 (2); 2009, c. 11, s. 38. Bail (3) Section 150 (interim release by justice of the peace) of the Provincial Offences Act applies with necessary modifications to an arrest under the warrant.  R.S.O. 1990, c. F.3, s. 59 (3). Capacity of minor (4) A minor has capacity to enter into an agreement under subsection (1) that is approved by the court, whether the approval is given before or after the minor enters into the agreement.  R.S.O. 1990, c. F.3, s. 59 (4). Application to existing agreements (5) This section applies to paternity agreements that were made before the 1st day of March, 1986.  R.S.O. 1990, c. F.3, s. 59 (5). Transitional provision (6) A paternity agreement that is made before the day section 4 of the Family Statute Law Amendment Act, 2006 comes into force is not invalid for the reason only that it does not comply with subsection 55 (1).  2006, c. 1, s. 5 (9). Section Amendments with date in force (d/m/y) 1997, c. 20, s. 11 - 01/12/1997 2006, c. 1, s. 5 (9) - 30/04/2007; 2006, c. 19, Sched. C, s. 1 (2, 4) - 22/06/2006 2009, c. 11, s. 38
- 14/05/2009