jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 (1) In this Act, “child” includes a person whom a parent has demonstrated a settled intention to treat as a child of his or her family, except under an arrangement where the child is placed for valuable consideration in a foster home by a person having lawful custody; (“enfant”) “child support guidelines” means the guidelines established by the regulations made under subsections 69 (2) and (3); (“lignes directrices sur les aliments pour les enfants”) “cohabit” means to live together in a conjugal relationship, whether within or outside marriage; (“cohabiter”) “court” means the Ontario Court of Justice, the Family Court of the Superior Court of Justice or the Superior Court of Justice; (“tribunal”) “domestic contract” means a domestic contract as defined in Part IV (Domestic Contracts); (“contrat familial”) “parent” includes a person who has demonstrated a settled intention to treat a child as a child of his or her family, except under an arrangement where the child is placed for valuable consideration in a foster home by a person having lawful custody; (“père ou mère”, “parent”) “regulations” means the regulations made under this Act; (“règlements”) “spouse” means either of two persons who, (a) are married to each other, or (b) have together entered into a marriage that is voidable or void, in good faith on the part of a person relying on this clause to assert any right. (“conjoint”)  R.S.O. 1990, c. F.3, s. 1 (1); 1997, c. 20, s. 1; 1999, c. 6, s. 25 (1); 2005, c. 5, s. 27 (1, 2); 2006, c. 19, Sched. C, s. 1 (1, 2, 4); 2014, c. 7, Sched. 9, s. 1; 2020, c. 25, Sched. 3, s. 1. Polygamous marriages (2) In the definition of “spouse”, a reference to marriage includes a marriage that is actually or potentially polygamous, if it was celebrated in a jurisdiction whose system of law recognizes it as valid.  R.S.O. 1990, c. F.3, s. 1 (2). Section Amendments with date in force (d/m/y) 1997, c. 20, s. 1 - 01/12/1997; 1999, c. 6, s. 25 (1) - 20/11/1999 2005, c. 5, s. 27 (1, 2) - 09/03/2005 2006, c. 19, Sched. C, s. 1 (1, 2, 4) - 22/06/2006 2014, c. 7, Sched. 9, s. 1 (1, 2) - 04/04/2016 2020, c. 25, Sched. 3, s. 1 - 20/11/2020 Procedural and other miscellaneous matters
3 (1) In an application under this Act, the court may, on motion, appoint a person whom the parties have selected to mediate any matter that the court specifies.  R.S.O. 1990, c. F.3, s. 3 (1). Consent to act (2) The court shall appoint only a person who, (a) has consented to act as mediator; and (b) has agreed to file a report with the court within the period of time specified by the court.  R.S.O. 1990, c. F.3, s. 3 (2). Duty of mediator (3) The mediator shall confer with the parties, and with the children if the mediator considers it appropriate to do so, and shall endeavour to obtain an agreement between the parties.  R.S.O. 1990, c. F.3, s. 3 (3). Full or limited report (4) Before entering into mediation, the parties shall decide whether, (a) the mediator is to file a full report on the mediation, including anything that he or she considers relevant; or (b) the mediator is to file a limited report that sets out only the agreement reached by the parties or states only that the parties did not reach agreement.  R.S.O. 1990, c. F.3, s. 3 (4). Filing and copies of report (5) The mediator shall file with the clerk or registrar of the court a full or limited report, as the parties have decided, and shall give a copy to each of the parties.  R.S.O. 1990, c. F.3, s. 3 (5). Admissions, etc., in the course of mediation (6) If the parties have decided that the mediator is to file a limited report, no evidence of anything said or of any admission or communication made in the course of the mediation is admissible in any proceeding, except with the consent of all parties to the proceeding in which the mediator was appointed.  R.S.O. 1990, c. F.3, s. 3 (6). Fees and expenses (7) The court shall require the parties to pay the mediator’s fees and expenses and shall specify in the order the proportions or amounts of the fees and expenses that each party is required to pay.  R.S.O. 1990, c. F.3, s. 3 (7). Idem, serious financial hardship (8) The court may require one party to pay all the mediator’s fees and expenses if the court is satisfied that payment would cause the other party or parties serious financial hardship.  R.S.O. 1990, c. F.3, s. 3 (8). PART I   FAMILY PROPERTY
7 (1) The court may, on the application of a spouse, former spouse or deceased spouse’s personal representative, determine any matter respecting the spouses’ entitlement under section 5.  R.S.O. 1990, c. F.3, s. 7 (1). Personal action; estates (2) Entitlement under subsections 5 (1), (2) and (3) is personal as between the spouses but, (a) an application based on subsection 5 (1) or (3) and commenced before a spouse’s death may be continued by or against the deceased spouse’s estate; and (b) an application based on subsection 5 (2) may be made by or against a deceased spouse’s estate.  R.S.O. 1990, c. F.3, s. 7 (2). Limitation (3) An application based on subsection 5 (1) or (2) shall not be brought after the earliest of, (a) two years after the day the marriage is terminated by divorce or judgment of nullity; (b) six years after the day the spouses separate and there is no reasonable prospect that they will resume cohabitation; (c) six months after the first spouse’s death.  R.S.O. 1990, c. F.3, s. 7 (3).
8 In an application under section 7, each party shall serve on the other and file with the court, in the manner and form prescribed by the rules of the court, a statement verified by oath or statutory declaration disclosing particulars of, (a) the party’s property and debts and other liabilities, (i) as of the date of the marriage, (ii) as of the valuation date, and (iii) as of the date of the statement; (b) the deductions that the party claims under the definition of “net family property”; (c) the exclusions that the party claims under subsection 4 (2); and (d) all property that the party disposed of during the two years immediately preceding the making of the statement, or during the marriage, whichever period is shorter.  R.S.O. 1990, c. F.3, s. 8; 2009, c. 11, s. 24. Section Amendments with date in force (d/m/y) 2009, c. 11, s. 24 - 14/05/2009
9 (1) In an application under section 7, the court may order, (a) that one spouse pay to the other spouse the amount to which the court finds that spouse to be entitled under this Part; (b) that security, including a charge on property, be given for the performance of an obligation imposed by the order; (c) that, if necessary to avoid hardship, an amount referred to in clause (a) be paid in instalments during a period not exceeding ten years or that payment of all or part of the amount be delayed for a period not exceeding ten years; and (d) that, if appropriate to satisfy an obligation imposed by the order, (i) property be transferred to or in trust for or vested in a spouse, whether absolutely, for life or for a term of years, or (ii) any property be partitioned or sold.  R.S.O. 1990, c. F.3, s. 9 (1); 2009, c. 11, s. 25. Financial information, inspections (2) The court may, at the time of making an order for instalment or delayed payments or on motion at a later time, order that the spouse who has the obligation to make payments shall, (a) furnish the other spouse with specified financial information, which may include periodic financial statements; and (b) permit inspections of specified property of the spouse by or on behalf of the other spouse, as the court directs.  R.S.O. 1990, c. F.3, s. 9 (2). Variation (3) If the court is satisfied that there has been a material change in the circumstances of the spouse who has the obligation to make instalment or delayed payments, the court may, on motion, vary the order, but shall not vary the amount to which the court found the spouse to be entitled under this Part.  R.S.O. 1990, c. F.3, s. 9 (3). Ten-year period (4) Subsections (3) and 2 (8) (extension of times) do not permit the postponement of payment beyond the ten-year period mentioned in clause (1) (c).  R.S.O. 1990, c. F.3, s. 9 (4). Section Amendments with date in force (d/m/y) 2009, c. 11, s. 25
- 14/05/2009
10 (1) A person may apply to the court for the determination of a question between that person and his or her spouse or former spouse as to the ownership or right to possession of particular property, other than a question arising out of an equalization of net family properties under section 5, and the court may, (a) declare the ownership or right to possession; (b) if the property has been disposed of, order payment in compensation for the interest of either party; (c) order that the property be partitioned or sold for the purpose of realizing the interests in it; and (d) order that either or both spouses give security, including a charge on property, for the performance of an obligation imposed by the order, and may make ancillary orders or give ancillary directions.  R.S.O. 1990, c. F.3, s. 10 (1). Estates (2) An application based on subsection (1) may be made by or continued against the estate of a deceased spouse.  R.S.O. 1990, c. F.3, s. 10 (2). Interest in a pension plan
11 (1) An order made under section 9 or 10 shall not be made so as to require or result in the sale of an operating business or farm or so as to seriously impair its operation, unless there is no reasonable alternative method of satisfying the award.  R.S.O. 1990, c. F.3, s. 11 (1). Idem (2) To comply with subsection (1), the court may, (a) order that one spouse pay to the other a share of the profits from the business or farm; and (b) if the business or farm is incorporated, order that one spouse transfer or have the corporation issue to the other shares in the corporation.  R.S.O. 1990, c. F.3, s. 11 (2).
12 In an application under section 7 or 10, if the court considers it necessary for the protection of the other spouse’s interests under this Part, the court may make an interim or final order, (a) restraining the depletion of a spouse’s property; and (b) for the possession, delivering up, safekeeping and preservation of the property.  R.S.O. 1990, c. F.3, s. 12.
13 If the court has ordered security or charged a property with security for the performance of an obligation under this Part, the court may, on motion, (a) vary or discharge the order; or (b) on notice to all persons having an interest in the property, direct its sale for the purpose of realizing the security or charge.  R.S.O. 1990, c. F.3, s. 13.
13.1 In making any order under this Part, the court may also make an interim order prohibiting, in whole or in part, a party from directly or indirectly contacting or communicating with another party, if the court determines that the order is necessary to ensure that an application under this Part is dealt with justly.  2009, c. 11, s. 27. Section Amendments with date in force (d/m/y) 2009, c. 11, s. 27
- 15/10/2009
14 The rule of law applying a presumption of a resulting trust shall be applied in questions of the ownership of property between spouses, as if they were not married, except that, (a) the fact that property is held in the name of spouses as joint tenants is proof, in the absence of evidence to the contrary, that the spouses are intended to own the property as joint tenants; and (b) money on deposit in the name of both spouses shall be deemed to be in the name of the spouses as joint tenants for the purposes of clause (a).  R.S.O. 1990, c. F.3, s. 14; 2005, c. 5, s. 27 (3). Section Amendments with date in force (d/m/y) 2005, c. 5, s. 27 (3)
- 09/03/2005
15 The property rights of spouses arising out of the marital relationship are governed by the internal law of the place where both spouses had their last common habitual residence or, if there is no place where the spouses had a common habitual residence, by the law of Ontario.  R.S.O. 1990, c. F.3, s. 15.
16 (1) This Part applies to property owned by spouses, (a) whether they were married before or after the 1st day of March, 1986; and (b) whether the property was acquired before or after that day.  R.S.O. 1990, c. F.3, s. 16 (1). Application of s. 14 (2) Section 14 applies whether the event giving rise to the presumption occurred before or after the 1st day of March, 1986.  R.S.O. 1990, c. F.3, s. 16 (2). PART II   MATRIMONIAL HOME
17 In this Part, “court” means a court as defined in subsection 1 (1) but does not include the Ontario Court of Justice; (“tribunal”) “property” means real or personal property. (“bien”)  R.S.O. 1990, c. F.3, s. 17; 2006, c. 19, Sched. C, s. 1 (2). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. C, s. 1 (2) - 22/06/2006
18 (1) Every property in which a person has an interest and that is or, if the spouses have separated, was at the time of separation ordinarily occupied by the person and his or her spouse as their family residence is their matrimonial home.  R.S.O. 1990, c. F.3, s. 18 (1). Ownership of shares (2) The ownership of a share or shares, or of an interest in a share or shares, of a corporation entitling the owner to occupy a housing unit owned by the corporation shall be deemed to be an interest in the unit for the purposes of subsection (1).  R.S.O. 1990, c. F.3, s. 18 (2). Residence on farmland, etc. (3) If property that includes a matrimonial home is normally used for a purpose other than residential, the matrimonial home is only the part of the property that may reasonably be regarded as necessary to the use and enjoyment of the residence.  R.S.O. 1990, c. F.3, s. 18 (3).
19 (1) Both spouses have an equal right to possession of a matrimonial home.  R.S.O. 1990, c. F.3, s. 19 (1). Idem (2) When only one of the spouses has an interest in a matrimonial home, the other spouse’s right of possession, (a) is personal as against the first spouse; and (b) ends when they cease to be spouses, unless a separation agreement or court order provides otherwise.  R.S.O. 1990, c. F.3, s. 19 (2).
20 (1) One or both spouses may designate property owned by one or both of them as a matrimonial home, in the form prescribed by the regulations.  R.S.O. 1990, c. F.3, s. 20 (1); 2009, c. 11, s. 28 (1); 2014, c. 7, Sched. 9, s. 3 (1). Contiguous property (2) The designation may include property that is described in the designation and is contiguous to the matrimonial home.  R.S.O. 1990, c. F.3, s. 20 (2). Registration (3) The designation may be registered in the proper land registry office.  R.S.O. 1990, c. F.3, s. 20 (3). Effect of designation by both spouses (4) On the registration of a designation made by both spouses, any other property that is a matrimonial home under section 18 but is not designated by both spouses ceases to be a matrimonial home.  R.S.O. 1990, c. F.3, s. 20 (4). Effect of designation by one spouse (5) On the registration of a designation made by one spouse only, any other property that is a matrimonial home under section 18 remains a matrimonial home.  R.S.O. 1990, c. F.3, s. 20 (5). Cancellation of designation (6) The designation of a matrimonial home is cancelled, and the property ceases to be a matrimonial home, on the registration or deposit of, (a) a cancellation, executed by the person or persons who made the original designation, in the form prescribed by the regulations; (b) a decree absolute of divorce or judgment of nullity; (c) an order under clause 23 (e) cancelling the designation; or (d) proof of death of one of the spouses.  R.S.O. 1990, c. F.3, s. 20 (6); 2009, c. 11, s. 28 (2); 2014, c. 7, Sched. 9, s. 3 (2). Revival of other matrimonial homes (7) When a designation of a matrimonial home made by both spouses is cancelled, section 18 applies again in respect of other property that is a matrimonial home.  R.S.O. 1990, c. F.3, s. 20 (7). Section Amendments with date in force (d/m/y) 2009, c. 11, s. 28 (1, 2) - 14/05/2009 2014, c. 7, Sched. 9, s. 3 (1, 2) - 04/04/2016
21 (1) No spouse shall dispose of or encumber an interest in a matrimonial home unless, (a) the other spouse joins in the instrument or consents to the transaction; (b) the other spouse has released all rights under this Part by a separation agreement; (c) a court order has authorized the transaction or has released the property from the application of this Part; or (d) the property is not designated by both spouses as a matrimonial home and a designation of another property as a matrimonial home, made by both spouses, is registered and not cancelled.  R.S.O. 1990, c. F.3, s. 21 (1). Setting aside transaction (2) If a spouse disposes of or encumbers an interest in a matrimonial home in contravention of subsection (1), the transaction may be set aside on an application under section 23, unless the person holding the interest or encumbrance at the time of the application acquired it for value, in good faith and without notice, at the time of acquiring it or making an agreement to acquire it, that the property was a matrimonial home.  R.S.O. 1990, c. F.3, s. 21 (2). Proof that property not a matrimonial home (3) For the purpose of subsection (2), a statement by the person making the disposition or encumbrance, (a) verifying that he or she is not, or was not, a spouse at the time of the disposition or encumbrance; (b) verifying that the person is a spouse who is not separated from his or her spouse and that the property is not ordinarily occupied by the spouses as their family residence; (c) verifying that the person is a spouse who is separated from his or her spouse and that the property was not ordinarily occupied by the spouses, at the time of their separation, as their family residence; (d) where the property is not designated by both spouses as a matrimonial home, verifying that a designation of another property as a matrimonial home, made by both spouses, is registered and not cancelled; or (e) verifying that the other spouse has released all rights under this Part by a separation agreement, shall, unless the person to whom the disposition or encumbrance is made had notice to the contrary, be deemed to be sufficient proof that the property is not a matrimonial home.  R.S.O. 1990, c. F.3, s. 21 (3). Idem, attorney’s personal knowledge (4) The statement shall be deemed to be sufficient proof that the property is not a matrimonial home if it is made by the attorney of the person making the disposition or encumbrance, on the basis of the attorney’s personal knowledge.  R.S.O. 1990, c. F.3, s. 21 (4). Liens arising by operation of law (5) This section does not apply to the acquisition of an interest in property by operation of law or to the acquisition of a lien under the Legal Aid Services Act, 2020 or a predecessor of that Act.  R.S.O. 1990, c. F.3, s. 21 (5); 1998, c. 26, s. 102; 2020, c. 11, Sched. 15, s. 53. Section Amendments with date in force (d/m/y) 1998, c. 26, s. 102 - 01/04/1999 2020, c. 11, Sched. 15, s. 53 - 18/10/2021
22 (1) When a person proceeds to realize upon a lien, encumbrance or execution or exercises a forfeiture against property that is a matrimonial home, the spouse who has a right of possession under section 19 has the same right of redemption or relief against forfeiture as the other spouse and is entitled to the same notice respecting the claim and its enforcement or realization.  R.S.O. 1990, c. F.3, s. 22 (1). Service of notice (2) A notice to which a spouse is entitled under subsection (1) shall be deemed to be sufficiently given if served or given personally or by registered mail addressed to the spouse at his or her usual or last known address or, if none, the address of the matrimonial home, and, if notice is served or given by mail, the service shall be deemed to have been made on the fifth day after the day of mailing.  R.S.O. 1990, c. F.3, s. 22 (2). Idem: power of sale (3) When a person exercises a power of sale against property that is a matrimonial home, sections 33 and 34 of the Mortgages Act apply and subsection (2) does not apply.  R.S.O. 1990, c. F.3, s. 22 (3); 1993, c. 27, Sched. Payments by spouse (4) If a spouse makes a payment in exercise of the right conferred by subsection (1), the payment shall be applied in satisfaction of the claim giving rise to the lien, encumbrance, execution or forfeiture.  R.S.O. 1990, c. F.3, s. 22 (4). Realization may continue in spouse’s absence (5) Despite any other Act, when a person who proceeds to realize upon a lien, encumbrance or execution or exercises a forfeiture does not have sufficient particulars of a spouse for the purpose and there is no response to a notice given under subsection (2) or under section 33 of the Mortgages Act, the realization or exercise of forfeiture may continue in the absence and without regard to the interest of the spouse and the spouse’s rights under this section end on the completion of the realization or forfeiture.  R.S.O. 1990, c. F.3, s. 22 (5); 1993, c. 27, Sched. Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991
23 The court may, on the application of a spouse or person having an interest in property, by order, (a) determine whether or not the property is a matrimonial home and, if so, its extent; (b) authorize the disposition or encumbrance of the matrimonial home if the court finds that the spouse whose consent is required, (i) cannot be found or is not available, (ii) is not capable of giving or withholding consent, or (iii) is unreasonably withholding consent, subject to any conditions, including provision of other comparable accommodation or payment in place of it, that the court considers appropriate; (c) dispense with a notice required to be given under section 22; (d) direct the setting aside of a transaction disposing of or encumbering an interest in the matrimonial home contrary to subsection 21 (1) and the revesting of the interest or any part of it on the conditions that the court considers appropriate; and (e) cancel a designation made under section 20 if the property is not a matrimonial home.  R.S.O. 1990, c. F.3, s. 23.
25 (1) On the application of a person named in an order made under clause 24 (1) (a), (b), (c), (d) or (e) or his or her personal representative, if the court is satisfied that there has been a material change in circumstances, the court may discharge, vary or suspend the order.  R.S.O. 1990, c. F.3, s. 25 (1). Conditions (2) On the motion of a person who is subject to conditions imposed in an order made under clause 23 (b) or (d) or 24 (1) (g), or his or her personal representative, if the court is satisfied that the conditions are no longer appropriate, the court may discharge, vary or suspend them.  R.S.O. 1990, c. F.3, s. 25 (2). Existing orders (3) Subsections (1) and (2) also apply to orders made under the corresponding provisions of Part III of the Family Law Reform Act, being chapter 152 of the Revised Statutes of Ontario, 1980.  R.S.O. 1990, c. F.3, s. 25 (3).
25.1 In making any order under this Part, the court may also make an interim order prohibiting, in whole or in part, a party from directly or indirectly contacting or communicating with another party, if the court determines that the order is necessary to ensure that an application under this Part is dealt with justly.  2009, c. 11, s. 29. Section Amendments with date in force (d/m/y) 2009, c. 11, s. 29 - 15/10/2009 Spouse without interest in matrimonial home
26 (1) If a spouse dies owning an interest in a matrimonial home as a joint tenant with a third person and not with the other spouse, the joint tenancy shall be deemed to have been severed immediately before the time of death.  R.S.O. 1990, c. F.3, s. 26 (1). Sixty-day period after spouse’s death (2) Despite clauses 19 (2) (a) and (b) (termination of spouse’s right of possession), a spouse who has no interest in a matrimonial home but is occupying it at the time of the other spouse’s death, whether under an order for exclusive possession or otherwise, is entitled to retain possession against the spouse’s estate, rent free, for sixty days after the spouse’s death.  R.S.O. 1990, c. F.3, s. 26 (2).
27 Orders made under this Part or under Part III of the Family Law Reform Act, being chapter 152 of the Revised Statutes of Ontario, 1980 are registrable against land under the Registry Act and the Land Titles Act.  R.S.O. 1990, c. F.3, s. 27.
28 (1) This Part applies to matrimonial homes that are situated in Ontario.  R.S.O. 1990, c. F.3, s. 28 (1). Idem (2) This Part applies, (a) whether the spouses were married before or after the 1st day of March, 1986; and (b) whether the matrimonial home was acquired before or after that day.  R.S.O. 1990, c. F.3, s. 28 (2). PART III   SUPPORT OBLIGATIONS
29 In this Part, “dependant” means a person to whom another has an obligation to provide support under this Part; (“personne à charge”) “spouse” means a spouse as defined in subsection 1 (1), and in addition includes either of two persons who are not married to each other and have cohabited, (a) continuously for a period of not less than three years, or (b) in a relationship of some permanence, if they are the parents of a child as set out in section 4 of the Children’s Law Reform Act. (“conjoint”)  R.S.O. 1990, c. F.3, s. 29; 1999, c. 6, s. 25 (2); 2005, c. 5, s. 27 (4-6); 2009, c. 11, s. 30; 2016, c. 23, s. 47 (1). Section Amendments with date in force (d/m/y) 1999, c. 6, s. 25 (2) - 20/11/1999 2005, c. 5, s. 27 (4-6)
- 09/03/2005 2009, c. 11, s. 30 - 14/05/2009 2016, c. 23, s. 47 (1)
- 01/01/2017
30 Every spouse has an obligation to provide support for himself or herself and for the other spouse, in accordance with need, to the extent that he or she is capable of doing so.  R.S.O. 1990, c. F.3, s. 30; 1999, c. 6, s. 25 (3); 2005, c. 5, s. 27 (7). Section Amendments with date in force (d/m/y) 1999, c. 6, s. 25 (3) - 20/11/1999 2005, c. 5, s. 27 (7) - 09/03/2005
31 (1) Every parent has an obligation to provide support, to the extent that the parent is capable of doing so, for his or her unmarried child who, (a) is a minor; (b) is enrolled in a full-time program of education; or (c) is unable by reason of illness, disability or other cause to withdraw from the charge of his or her parents. 2017, c. 34, Sched. 15, s. 1. Same (2) The obligation under subsection (1) does not extend to a child who is sixteen years of age or older and has withdrawn from parental control.  R.S.O. 1990, c. F.3, s. 31 (2). Section Amendments with date in force (d/m/y) 1997, c. 20, s. 2 - 01/12/1997 2017, c. 34, Sched. 15, s. 1 - 14/12/2017
32 Every child who is not a minor has an obligation to provide support, in accordance with need, for his or her parent who has cared for or provided support for the child, to the extent that the child is capable of doing so.  R.S.O. 1990, c. F.3, s. 32.
35 (1) A person who is a party to a domestic contract may file the contract with the clerk of the Ontario Court of Justice or of the Family Court of the Superior Court of Justice together with the person’s affidavit stating that the contract is in effect and has not been set aside or varied by a court or agreement.  R.S.O. 1990, c. F.3, s. 35 (1); 2006, c. 1, s. 5 (2); 2006, c. 19, Sched. C, s. 1 (2, 4); 2009, c. 11, s. 32 (1). Interpretation (1.1) For the purposes of subsection (1), a party to a domestic contract includes a party’s guardian of property or attorney for property, if the guardian or attorney entered into the domestic contract on behalf of the party under the authority of subsection 55 (3).  2009, c. 33, Sched. 2, s. 34 (3). Effect of filing (2) A provision for support or maintenance contained in a contract that is filed in this manner, (a) may be enforced; (b) may be varied under section 37; (c) except in the case of a provision for the support of a child, may be increased under section 38; and (d) in the case of a provision for the support of a child, may be recalculated under section 39.1, as if it were an order of the court where it is filed.  1997, c. 20, s. 5; 2006, c. 1, s. 5 (3); 2014, c. 7, Sched. 9, s. 5. Setting aside available (3) Subsection 33 (4) (setting aside in unconscionable circumstances, etc.) applies to a contract that is filed in this manner.  R.S.O. 1990, c. F.3, s. 35 (3); 2006, c. 1, s. 5 (4). Enforcement available despite waiver (4) Subsection (1) and clause (2) (a) apply despite an agreement to the contrary.  R.S.O. 1990, c. F.3, s. 35 (4). Existing contracts, etc. (5) Subsections (1) and (2) also apply to contracts made before the 1st day of March, 1986.  R.S.O. 1990, c. F.3, s. 35 (5); 2006, c. 1, s. 5 (5). Existing arrears (6) Clause (2) (a) also applies to arrears accrued before the 1st day of March, 1986.  R.S.O. 1990, c. F.3, s. 35 (6). Section Amendments with date in force (d/m/y) 1997, c. 20, s. 5 - 01/12/1997 2006, c. 1, s. 5 (2-5) - 30/04/2007; 2006, c. 19, Sched. C, s. 1 (2, 4) - 22/06/2006 2009, c. 11, s. 32 (1) - 14/05/2009; 2009, c. 11, s. 32 (2) - no effect - see 2014, c. 7, Sched. 9, s. 11 (1) - 24/07/2014; 2009, c. 33, Sched. 2, s. 34 (3) - 15/12/2009 2014, c. 7, Sched. 9, s. 5 - 04/04/2016
36 (1) When a divorce proceeding is commenced under the Divorce Act (Canada), an application for support under this Part that has not been adjudicated is stayed, unless the court orders otherwise.  R.S.O. 1990, c. F.3, s. 36 (1). Arrears may be included in order (2) The court that deals with a divorce proceeding under the Divorce Act (Canada) may determine the amount of arrears owing under an order for support made under this Part and make an order respecting that amount at the same time as it makes an order under the
Divorce Act (Canada).  R.S.O. 1990, c. F.3, s. 36 (2). Idem (3) If a marriage is terminated by divorce or judgment of nullity and the question of support is not adjudicated in the divorce or nullity proceedings, an order for support made under this Part continues in force according to its terms.  R.S.O. 1990, c. F.3, s. 36 (3).
38 (1) This section does not apply to an order for the support of a child.  1997, c. 20, s. 7. Application to have existing order indexed (2) If an order made or confirmed under this Part is not indexed under subsection 34 (5), the dependant, or an agency referred to in subsection 33 (3), may apply to the court to have the order indexed in accordance with subsection 34 (5).  R.S.O. 1990, c. F.3, s. 38 (1); 1997, c. 20, s. 7. Power of court (3) The court shall, unless the respondent shows that his or her income, assets and means have not increased sufficiently to permit the increase, order that the amount payable be increased by the indexing factor, as defined in subsection 34 (6), for November of the year before the year in which the application is made and be increased in the same way annually thereafter on the anniversary date of the order under this section.  R.S.O. 1990, c. F.3, s. 38 (2); 1997, c. 20, s. 7. Section Amendments with date in force (d/m/y) 1997, c. 20, s. 7 - 01/12/1997
38.1 (1) Where a court is considering an application for the support of a child and an application for the support of a spouse, the court shall give priority to the support of the child in determining the applications.  1997, c. 20, s. 8; 1999, c. 6, s. 25 (13); 2005, c. 5, s. 27 (17). Reasons (2) Where as a result of giving priority to the support of a child, the court is unable to make an order for the support of a spouse or the court makes an order for the support of a spouse in an amount less than it otherwise would have, the court shall record its reasons for doing so.  1997, c. 20, s. 8; 1999, c. 6, s. 25 (14); 2005, c. 5, s. 27 (18). Consequences of reduction or termination of child support (3) Where as a result of giving priority to the support of a child, an order for the support of a spouse is not made or the amount of the order for the support of a spouse is less than it otherwise would have been, any material reduction or termination of the support for the child constitutes a material change of circumstances for the purposes of an application for the support of the spouse or for variation of an order for the support of the spouse.  1997, c. 20, s. 8; 1999, c. 6, s. 25 (15); 2005, c. 5, s. 27 (19). (4) Repealed:  2002, c. 24, Sched. B, s. 25. Section Amendments with date in force (d/m/y) 1997, c. 20, s. 8 - 01/12/1997; 1999, c. 6, s. 25 (13-16) - 20/11/1999 2002, c. 24, Sched. B, s. 25 - 01/01/2004 2005, c. 5, s. 27 (17-19) - 09/03/2005 Administrative calculation of child support
40 The court may, on application, make an interim or final order restraining the depletion of a spouse’s property that would impair or defeat a claim under this Part.  R.S.O. 1990, c. F.3, s. 40; 1999, c. 6, s. 25 (18); 2005, c. 5, s. 27 (21). Section Amendments with date in force (d/m/y) 1999, c. 6, s. 25 (18) - 20/11/1999 2005, c. 5, s. 27 (21) - 09/03/2005
41 In an application under section 33 or 37, each party shall serve on the other and file with the court a financial statement verified by oath or statutory declaration in the manner and form prescribed by the rules of the court.  R.S.O. 1990, c. F.3, s. 41; 2009, c. 11, s. 34. Section Amendments with date in force (d/m/y) 2009, c. 11, s. 34
- 14/05/2009 Obtaining information
42 (1) In an application under section 33 or 37, the court may order the employer of a party to the application to make a written return to the court showing the party’s wages or other remuneration during the preceding twelve months.  R.S.O. 1990, c. F.3, s. 42 (1). Return as evidence (2) A return purporting to be signed by the employer may be received in evidence as proof, in the absence of evidence to the contrary, of its contents.  R.S.O. 1990, c. F.3, s. 42 (2). Order for access to information (3) The court may, on motion, make an order under subsection (4) if it appears to the court that, in order to make an application under section 33 or 37, the moving party needs to learn or confirm the proposed respondent’s whereabouts.  R.S.O. 1990, c. F.3, s. 42 (3). Idem (4) The order shall require the person or public body to whom it is directed to provide the court or the moving party with any information that is shown on a record in the person’s or public body’s possession or control and that indicates the proposed respondent’s place of employment, address or location.  R.S.O. 1990, c. F.3, s. 42 (4). Crown bound (5) This section binds the Crown in right of Ontario.  R.S.O. 1990, c. F.3, s. 42 (5).
43 (1) If an application is made under section 33 or 37 and the court is satisfied that the respondent is about to leave Ontario and that there are reasonable grounds for believing that the respondent intends to evade his or her responsibilities under this Act, the court may issue a warrant for the respondent’s arrest for the purpose of bringing him or her before the court.  R.S.O. 1990, c. F.3, s. 43 (1). Bail (2) 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. 43 (2).
45 (1) During cohabitation, a spouse has authority to render himself or herself and his or her spouse jointly and severally liable to a third party for necessities of life, unless the spouse has notified the third party that he or she has withdrawn the authority.  R.S.O. 1990, c. F.3, s. 45 (1); 1999, c. 6, s. 25 (19); 2005, c. 5, s. 27 (22). Liability for necessities of minor (2) If a person is entitled to recover against a minor in respect of the provision of necessities for the minor, every parent who has an obligation to support the minor is liable for them jointly and severally with the minor.  R.S.O. 1990, c. F.3, s. 45 (2). Recovery between persons jointly liable (3) If persons are jointly and severally liable under this section, their liability to each other shall be determined in accordance with their obligation to provide support.  R.S.O. 1990, c. F.3, s. 45 (3). Common law supplanted (4) This section applies in place of the rules of common law by which a wife may pledge her husband’s credit.  R.S.O. 1990, c. F.3, s. 45 (4). Section Amendments with date in force (d/m/y) 1999, c. 6, s. 25 (19) - 20/11/1999 2005, c. 5, s. 27 (22)
- 09/03/2005
46 (1) On application, the court may make an interim or final restraining order against a person described in subsection (2) 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. 35. Same (2) A restraining order under subsection (1) may be made against, (a) a spouse or former spouse of the applicant; or (b) a person other than a spouse or former spouse of the applicant, if the person is cohabiting with the applicant or has cohabited with the applicant for any period of time.  2009, c. 11, s. 35. Provisions of order (3) 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. 35. Transition (4) 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. 35; 2014, c. 7, Sched. 9, s. 8. Section Amendments with date in force (d/m/y) 1999, c. 6, s. 25 (20) - 20/11/1999 2000, c. 33, s. 22 (1-4)
- no effect - see 2009, c. 11, s. 21
- 14/05/2009 2005, c. 5, s. 27 (23) - 09/03/2005 2009, c. 11, s. 35
- 15/10/2009 2014, c. 7, Sched. 9, s. 8 (1-3) - 24/07/2014
47 The court may direct that an application for support stand over until an application under the Children’s Law Reform Act for a parenting order has been determined. 2020, c. 25, Sched. 1, s. 28 (3). Section Amendments with date in force (d/m/y) 2020, c. 25, Sched. 1, s. 28 (3) - 01/03/2021
47.1 In making any order under this Part, other than an order under section 46, the court may also make an interim order prohibiting, in whole or in part, a party from directly or indirectly contacting or communicating with another party, if the court determines that the order is necessary to ensure that an application under this Part is dealt with justly.  2009, c. 11, s. 36. Section Amendments with date in force (d/m/y) 2009, c. 11, s. 36 - 15/10/2009 Duties of parties
47.2 (1) To the extent that it is appropriate to do so, the parties to a proceeding shall try to resolve the matters that may be the subject of an order under this Part through an alternative dispute resolution process, such as negotiation, mediation or collaborative law. 2020, c. 25, Sched. 1, s. 28 (4). Complete, accurate and up-to-date information (2) A party to a proceeding under this Part, or a person who is subject to an order made under this Part, shall provide complete, accurate and up-to-date information if required to do so under this Part. 2020, c. 25, Sched. 1, s. 28 (4). Duty to comply with orders (3) For greater certainty, a person who is subject to an order made under this Part shall comply with the order until it is no longer in effect. 2020, c. 25, Sched. 1, s. 28 (4). Certification (4) Every document that commences a proceeding under this Part, or that responds to such a document, that is filed with a court by a party to a proceeding shall contain a statement by the party certifying that the party is aware of the duties to which the party is subject under subsections (1) to (3). 2020, c. 25, Sched. 1, s. 28 (4). Section Amendments with date in force (d/m/y) 2020, c. 25, Sched. 1, s. 28 (4) - 01/03/2021 Duties of legal advisers
47.3 (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. 28 (4). 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 47.2 (1), 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. 28 (4). 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. 28 (4). Section Amendments with date in force (d/m/y) 2020, c. 25, Sched. 1, s. 28 (4) - 01/03/2021
47.4 (1) The purpose of this section is to facilitate, (a) the identification of orders, undertakings, recognizances, agreements or measures that may conflict with an order under this Part; and (b) the co-ordination of proceedings. 2020, c. 25, Sched. 1, s. 28 (4). 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 46, the Children’s Law Reform 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. 28 (4). 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. 28 (4). Section Amendments with date in force (d/m/y) 2020, c. 25, Sched. 1, s. 28 (4) - 01/03/2021
48 (1) An appeal from an order of the Ontario Court of Justice under this Part lies to the Superior Court of Justice. 2020, c. 25, Sched. 2, s. 7. Same (2) An appeal from an order of the Family Court of the Superior Court of Justice under this Part lies to the Divisional Court. 2020, c. 25, Sched. 2, s. 7. Same (3) An appeal from an order of the Superior Court of Justice under this Part, other than an order of the Family Court of the Superior Court of Justice, lies to the proper appellate court as determined under the Courts of Justice Act. 2020, c. 25, Sched. 2, s. 7. Transition (4) This section, as it read immediately before the day section 7 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. 7. Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. C, s. 1 (1, 2) - 22/06/2006 2020, c. 25, Sched. 2, s. 7 - 01/03/2021
49 (1) In addition to its powers in respect of contempt, the Ontario Court of Justice may punish by fine or imprisonment, or by both, any wilful contempt of or resistance to its process, rules or orders under this Act, other than orders under section 46, but the fine shall not exceed $5,000 nor shall the imprisonment exceed ninety days.  R.S.O. 1990, c. F.3, s. 49 (1); 2006, c. 19, Sched. C, s. 1 (2); 2014, c. 7, Sched. 9, s. 9 (1). Conditions of imprisonment (2) An order for imprisonment under subsection (1) may be 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. F.3, s. 49 (2). Transition (3) This section, as it read on October 14, 2009, continues to apply to orders referred to in clause 46 (4) (b). 2014, c. 7, Sched. 9, s. 9 (2). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. C, s. 1 (2) - 22/06/2006 2014, c. 7, Sched. 9, s. 9 (1, 2) - 24/07/2014 50 Repealed:  2002, c. 24, Sched. B, s. 25. Section Amendments with date in force (d/m/y) 1999, c. 6, s. 25 (21, 22) - 20/11/1999 2002, c. 24, Sched. B, s. 25 - 01/01/2004 PART IV   DOMESTIC CONTRACTS
51 In this Part, “cohabitation agreement” means an agreement entered into under section 53; (“accord de cohabitation”) “decision-making responsibility” has the same meaning as in Part III of the Children’s Law Reform Act; (“responsabilité décisionnelle”) “domestic contract” means a marriage contract, separation agreement, cohabitation agreement, paternity agreement or family arbitration agreement; (“contrat familial”) “family arbitration” means an arbitration that, (a) deals with matters that could be dealt with in a marriage contract, separation agreement, cohabitation agreement or paternity agreement under this Part, and (b) is conducted exclusively in accordance with the law of Ontario or of another Canadian jurisdiction; (“arbitrage familial”) “family arbitration agreement” and “family arbitration award” have meanings that correspond to the meaning of “family arbitration”; (“convention d’arbitrage familial”, “sentence d’arbitrage familial”) “marriage contract” means an agreement entered into under section 52; (“contrat de mariage”) “parenting time” has the same meaning as in Part III of the
Children’s Law Reform Act; (“temps parental”) “paternity agreement” means an agreement entered into under section 59; (“accord de paternité”) “separation agreement” means an agreement entered into under section 54. (“accord de séparation”)  R.S.O. 1990, c. F.3, s. 51; 2006, c. 1, s. 5 (6, 7); 2020, c. 25, Sched. 1, s. 28 (5). Section Amendments with date in force (d/m/y) 2006, c. 1, s. 5 (6, 7) - 30/04/2007 2020, c. 25, Sched. 1, s. 28 (5) - 01/03/2021
52 (1) Two persons who are married to each other or intend to marry may enter into an agreement in which they agree on their respective rights and obligations under the marriage or on separation, on the annulment or dissolution of the marriage 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. 52 (1); 2005, c. 5, s. 27 (25); 2020, c. 25, Sched. 1, s. 28 (6). Rights re matrimonial home excepted (2) A provision in a marriage contract purporting to limit a spouse’s rights under Part II (Matrimonial Home) is unenforceable.  R.S.O. 1990, c. F.3, s. 52 (2). Section Amendments with date in force (d/m/y) 2005, c. 5, s. 27 (25)
- 09/03/2005 2020, c. 25, Sched. 1, s. 28 (6) - 01/03/2021