jswizzle3737/ontario_laws_and_regs huggingface dataset:
95. In an adoption proceeding, (a) the child to be adopted may be identified in any document in the proceeding by the child’s given names in full followed by the first letter of the child’s surname and the child’s birth registration number; and (b) the applicant may be identified in any document in the proceeding, other than the adoption order, by the first letter of the applicant’s surname. R.R.O. 1990, Reg. 202, r. 95.
97. (1) The consent of a child, parent or person with lawful custody or control of a child shall be witnessed by an employee of a children’s aid society authorized by the society for the purpose or by an employee of a child protection agency recognized by the jurisdiction in which the consent is executed. R.R.O. 1990, Reg. 202, r. 97 (1). (2) Where a parent or a person with lawful custody or control of the child is under eighteen years of age, the consent must be accompanied by the report of the Children’s Lawyer in Form 55 stating that the Children’s Lawyer is satisfied that the consent reflects the true informed wishes of the person giving the consent. R.R.O. 1990, Reg. 202, r. 97 (2); O. Reg. 282/95, s. 20.
98. (1) In a proceeding under Part III of the Act, the application and the notice of hearing shall be served on every party other than the applicant and on a foster parent who is entitled under the Act to notice of the hearing. (2) In a proceeding under Part VI of the Act, the application and the notice of hearing shall be served on, (a) the child; (b) any parent referred to in subsection 3 (2) of the Act; and (c) any other person having actual care and control of the child who is neither a foster parent nor a service provider as defined in subsection 3 (1) of the Act. R.R.O. 1990, Reg. 202, r. 98.
99. A warrant to search for and detain a child shall be in Form 56 and an information to obtain such a warrant shall be in Form 57. R.R.O. 1990, Reg. 202, r. 99.
100. Despite rules 11 and 12, in an application for an order finding a child to be a child in need of protection or committing a child to secure treatment, the application and notice of hearing may be served without being issued by the clerk under the seal of the Court but must be filed at or before the hearing required by subsection 47 (1) of the Act. R.R.O. 1990, Reg. 202, r. 100.
101. Where an application has not been served before the day set for hearing, on the request of the applicant the clerk shall set a new day for hearing and issue a new notice of hearing under the seal of the Court. R.R.O. 1990, Reg. 202, r. 101.
102. Notice of a motion to transfer a proceeding under Part III of the Act to another county shall be served on the children’s aid society in the other county. R.R.O. 1990, Reg. 202, r. 102.
103. The Court shall not make an order on consent of the parties under subsection 57 (1) (supervision or wardship), section 114 or 120 (secure treatment) or section 151 (adoption) of the Act unless the parties agree on the facts on which the order is based and a hearing is held. R.R.O. 1990, Reg. 202, r. 103.
104. Where the report of an assessment ordered under section 54 or 116 of the Act is filed, a party may summon as a witness and cross-examine the person who made the assessment and may give evidence in reply. R.R.O. 1990, Reg. 202, r. 104.
105. (1) Where the Court makes an order on motion without notice, the clerk shall issue the order under the seal of the Court in Form 58. (2) An order referred to in subrule (1) and any material filed on the motion for the order shall be served together within such period of time as the Court directs on every party other than the party who made the motion. (3) The Court may make an order dispensing with any provision of subrules (1) and (2). (4) On motion made by a person named in an order referred to in subrule (1), the Court may vary or discharge the order. R.R.O. 1990, Reg. 202, r. 105.
106. (1) An order other than an order on motion without notice shall be in Form 59 (general form of order), Form 60 (order on protection, access or status review application) or Form 61 (adoption order). (2) An order for Crown wardship shall be served on the parties and a Director. (3) In addition to the persons mentioned in subsection 162 (3) of the Act, an order for adoption shall be served on, (a) the applicant’s solicitor or, where the applicant does not have a solicitor, the applicant; (b) a Director; (c) where the child is entitled to be heard in the proceeding, the child’s solicitor or, where the child does not have a solicitor, the child; and (d) such other persons as the Court directs. (4) An order for secure treatment shall be served on the persons who were served with the application or as directed by the court. R.R.O. 1990, Reg. 202, r. 106.
107. Within seven days after service on the clerk of a notice of appeal of an order or decision under the Act, the clerk shall send to the local registrar of the Ontario Court (General Division) at Toronto, (a) a record of the proceeding consisting of, (i) a table of contents, (ii) a copy of the notice of appeal, (iii) a copy of the decision appealed from and any reasons given by the Court, and (iv) such other material that was before the Court as is necessary for the hearing of the appeal; and (b) a certificate of the Court reporter stating that the appellant has ordered the transcript of the oral evidence taken in the proceeding. R.R.O. 1990, Reg. 202, r. 107. PART VI   ENFORCEMENT
108. The provisions of this Part that apply to orders apply with necessary modifications to domestic contracts and paternity agreements. O. Reg. 72/92, s. 6.
109. An affidavit filed with a domestic contract or paternity agreement under subsection 35 (1) of the Family Law Act shall be in Form 62. O. Reg. 72/92, s. 6.
110. An order for the payment of money may be enforced by a writ of seizure and sale or by garnishment. O. Reg. 72/92, s. 6.
111. (1) A request for the enforcement of an order for the payment of money shall be in Form 63. O. Reg. 72/92, s. 6. (2) A statement of arrears under section 41 of the Family Responsibility and Support Arrears Enforcement Act, 1996 shall be in Form 65. O. Reg. 294/98, s. 4.
112. Upon the filing of a request for a writ of seizure and sale verified by affidavit in Form 66 and a copy of the order to be enforced, the clerk shall issue a writ of seizure and sale in Form 67 directed to a sheriff. O. Reg. 72/92, s. 6.
113. (1) A writ of seizure and sale remains in force for six years, but may be renewed before its expiry by the clerk or, where the writ has been filed with a sheriff, by the sheriff for successive periods of six years on the filing of a request for renewal of the writ. (2) The Court, on motion without notice, may renew a writ of seizure and sale that has expired. O. Reg. 72/92, s. 6.
114. Where a sheriff makes a seizure under a writ of seizure and sale, the sheriff shall publish a notice of sale at least ten days before the sale, specifying the date, time and place of the sale and giving a description of the property. O. Reg. 72/92, s. 6.
115. A statutory declaration referred to in section 44 of the  Family Responsibility and Support Arrears Enforcement Act, 1996 shall be in Form 68.  O. Reg. 294/98, s. 5.
116. The sheriff shall make a report on the execution of a writ of seizure and sale and pay to the clerk on behalf of the recipient any money available for distribution to the recipient. O. Reg. 72/92, s. 6.
117. Where there are arrears under an order for support or maintenance, a recipient under the order may enforce payment of the arrears and future payments by obtaining a notice of garnishment from the clerk. O. Reg. 72/92, s. 6.
118. Upon the filing of a request for garnishment verified by affidavit in Form 69.1 and a copy of the order to be enforced, the clerk shall issue a notice of garnishment in Form 72 or 73, as appropriate. O. Reg. 72/92, s. 6.
119. A notice of garnishment issued by the clerk under section 50 of the Family Responsibility and Support Arrears Enforcement Act, 1996 shall be in Form 74. O. Reg. 294/98, s. 6.
120. (1) The notice of garnishment shall be served on the garnishee and the payor in accordance with rule 13 or by sending a copy by ordinary mail addressed to the person to be served. (2) The request for garnishment filed by the recipient shall be served on the payor with the notice of garnishment. (3) Where the garnishee is a bank, trust company, loan corporation, credit union, caisse populaire or the Province of Ontario Savings Office, the notice of garnishment shall be served at the branch where the debt is payable unless the notice sets out the number and location of the payor’s account, in which case it may be served at any branch. O. Reg. 72/92, s. 6.
121. A notice of garnishment attaches, from the time of service on the garnishee, every debt payable by the garnishee to the payor, (a) at the time of service of the notice; (b) within six years after service of the notice; or (c) on the fulfilment of a term or condition within six years after service of the notice. O. Reg. 72/92, s. 6.
122. (1) A payor or a garnishee may file a dispute in Form 75 or 76 within ten days after being served with the notice of garnishment. (2) Where a payor or a garnishee files a dispute, the clerk shall forthwith serve it on the other parties by ordinary mail. (3) If, after being served with a notice of garnishment, the garnishee fails to make any payment or sufficient payment, the clerk shall forthwith serve the person enforcing the order with a confirmation of the failure or insufficiency by ordinary mail. O. Reg. 72/92, s. 6.
123. (1) Where a dispute is filed or a garnishee fails to make any payment or sufficient payment and the person enforcing the order, the payor or the garnishee requests a hearing, the clerk shall issue under the seal of the Court a notice of garnishment hearing in Form 77. (2) The clerk shall forthwith serve notice of the garnishment hearing on each of the parties by ordinary mail. (3) Where a notice of garnishment hearing is served under subrule (2), the Court shall hear and determine the matter in a summary manner. O. Reg. 72/92, s. 6.
124. Where money is received by the clerk under a notice of garnishment, whether or not a dispute has been filed in respect of it, the clerk shall, unless the Court orders that the money be held in court, forthwith pay the money, (a) to the recipient, except any amount that exceeds the priority conferred by subsection 4 (1) of the Creditors’ Relief Act; and (b) to the sheriff, in the amount that exceeds the priority conferred by subsection 4 (1) of the Creditors’ Relief Act. O. Reg. 72/92, s. 6.
125. Where there has been a material change in the circumstances of the payor or the recipient after a notice of garnishment was issued, the Court may vary or suspend any term of the notice of garnishment. O. Reg. 72/92, s. 6.
126. (1) Subrules (2) and (3) apply where a notice of garnishment is issued to enforce a support order, domestic contract or paternity agreement that provides for indexation of periodic payments to account for inflation. (2) The person enforcing the order, contract or agreement may serve on the garnishee and the payor, by ordinary mail or any other method permitted by rule 13, a statutory declaration in Form 78 setting out the new amount to be paid under the order, contract or agreement as a result of indexation, and may file the declaration with the Court with proof of service. (3) The garnishee is liable from the date of service on the garnishee to pay the new amount set out in the declaration as if that amount were set out in the notice of garnishment, and rules 123, 124, 125, 127, 128 and 129 apply, with necessary modifications. O. Reg. 72/92, s. 6.
127. Where the clerk has issued a notice of garnishment at the request of the Director of the Family Responsibility Office, the garnishee shall make payments under it to the Director as if the Director were the clerk. O. Reg. 294/98, s. 7.
128. (1) Where a garnishee does not pay to the clerk the amount required to be paid under the notice of garnishment from the time it was served on the garnishee, the Court may order the garnishee to pay that amount. (2) An order under subrule (1) may be enforced against the garnishee by a notice of garnishment or writ of seizure and sale. O. Reg. 72/92, s. 6.
129. Payment of a debt by a garnishee in accordance with a notice of garnishment is, to the extent of the payment, a valid discharge of the debt. O. Reg. 72/92, s. 6.
130. When all amounts owing or accruing under an order that is enforced by garnishment have been paid, the person enforcing the order shall forthwith serve by ordinary mail or any other method permitted by rule 13 a notice of termination of garnishment on the garnishee and on the clerk. O. Reg. 72/92, s. 6.
131. A warrant of committal shall be in Form 79. O. Reg. 72/92, s. 6.
132. A warrant under subsection 43 (1) or 59 (2) (absconding respondent) of the Family Law Act or subsection 41 (6) or 49 (1) (absconding payor) of the Family Responsibility and Support Arrears Enforcement Act, 1996 shall be in Form 6 and, where the warrant contains a provision for release on completion of a promise to appear, the promise to appear shall be in Form 7. O. Reg. 72/92, s. 6; O. Reg. 294/98, s. 8.
133. (1) A notice of default issued by a clerk to a payor under subsection 41 (1) of the Family Responsibility and Support Arrears Enforcement Act, 1996 shall be in Form 80. (2) A notice of default issued by a clerk to a payor under subsection 41 (2) of the Family Responsibility and Support Arrears Enforcement Act, 1996 shall be in Form 80.1. O. Reg. 294/98, s. 9.
134. (1) A recognizance entered into under an order made under subsection 46 (1) of the Family Law Act shall be in Form 81 and shall be entered into before the clerk or such other person as the Court directs. (2) Where a party is in breach of a condition of the recognizance, the Court, on motion by an opposite party or the Attorney General, may order that a writ of execution be issued to enforce the recognizance. O. Reg. 72/92, s. 6.
135. A bond under section 35 (order restraining harassment) or 37 (prevention of unlawful removal of child) of the Children’s Law Reform Act shall be in Form 82. O. Reg. 72/92, s. 6.
136. This Part, as it read on the 31st day of December, 1984, continues to apply to attachment orders made and writs of execution issued before the 1st day of January, 1985. O. Reg. 72/92, s. 6.
137. Subject to subsection 69 (3) of the Child and Family Services Act, where an appeal is taken against an order of the Court, the order may be enforced pending the hearing of the appeal, except where otherwise ordered by the Court or by the appellate court. O. Reg. 72/92, s. 6.