O. Reg. 441/20: RULES OF CIVIL PROCEDURE
filed August 5, 2020 under Courts of Justice Act, R.S.O. 1990, c. C.43
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made under the
Courts of Justice Act
Made: July 8, 2020
Approved: July 14, 2020
Filed: August 5, 2020
Published on e-Laws: August 5, 2020
Printed in The Ontario Gazette: August 22, 2020
Amending Reg. 194 of R.R.O. 1990
(RULES OF CIVIL PROCEDURE)
1. Subrule 4.05.1 (6) of Regulation 194 of the Revised Regulations of Ontario, 1990 is revoked.
2. Rule 4 of the Regulation is amended by adding the following rule:
Civil Submissions Online Portal
4.05.2 (1) In this rule,
“Civil Submissions Online Portal” means the software authorized by the Ministry of the Attorney General for the purposes of this rule and that is available on the internet under the name “Civil Submissions Online Portal” in English and “Portail en ligne pour soumettre des documents dans les actions civiles” in French.
Documents That May be Filed
(2) Any document that may or must be filed under these rules, other than a document listed under subrule 4.05.1 (2) or that is filed for the purposes of rule 60.07, may be filed electronically by using the Civil Submissions Online Portal in accordance with this rule, if the Civil Submissions Online Portal provides for the electronic filing of the document.
Required Steps for Filing
(3) A document to which subrule (2) applies may be filed electronically by using the Civil Submissions Online Portal if,
(a) the document is submitted through the Civil Submissions Online Portal; and
(b) the registrar accepts the document for filing.
Confirmation
(4) If the registrar accepts the document for filing, the registrar shall send confirmation of the filing by e-mail.
Filing Date
(5) A document filed under subrule (3) is considered to have been filed on the day indicated in the confirmation sent by the registrar.
Documents That May be Issued
(6) Any document that may or must be issued under these rules, other than a document listed under subrule 4.05.1 (7) or that is issued for the purposes of rule 60.07, may be issued electronically by using the Civil Submissions Online Portal in accordance with this rule, if the Civil Submissions Online Portal provides for the electronic issuance of the document.
Required Steps for Issuance
(7) A document to which subrule (6) applies may be issued electronically by using the Civil Submissions Online Portal if,
(a) the document is submitted through the Civil Submissions Online Portal; and
(b) the registrar accepts the document for issuance.
Confirmation
(8) If the registrar accepts the document for issuance, the registrar shall issue the document and send confirmation of the issuance by e-mail, together with the issued document.
Issuance Date
(9) A document issued by the registrar under subrule (8) is considered to have been issued on the day indicated in the confirmation sent by the registrar.
Filing, Issuance of Other Documents
(10) Despite subrules (2) and (6), a document listed under subrule 4.05.1 (2) or (7) may be filed or issued, as the case may be, electronically by using the Civil Submissions Online Portal in accordance with this rule, if a prescribed fee is not required to be paid for the filing or issuance of the document.
If Clarification Needed
(11) The registrar may request from a person written clarification with respect to a document that is requested to be filed or issued electronically in accordance with this rule, and the person shall provide the clarification in the manner specified by the registrar.
No Filing or Issuance Without Confirmation
(12) For greater certainty, a document that is submitted through the Civil Submissions Online Portal is not filed or issued unless the filing or issuance is confirmed by the registrar in accordance with subrule (4) or (8), as the case may be.
Requirement to Agree to Terms of Use
(13) Despite subrules (2) and (6), a document may not be filed or issued electronically by using the Civil Submissions Online Portal unless the person requesting the filing or issuance agrees to its terms of use, including providing an e-mail address at which the person agrees to accept documents from the court electronically.
Non-Application of Certain Subrules
(14) Subrules 4.05 (4.2), (7) and (8) do not apply with respect to a document filed or issued electronically by using the Civil Submissions Online Portal.
Commencement
3. This Regulation comes into force on the later of July 27, 2020 and the day this Regulation is filed.
Made by:
Pris par :
Civil Rules Committee:
Le Comité des règles en matière civile :
Falguni Debnath
Senior Legal Officer / Avocate principale, Court of Appeal of Ontario
Date made: July 8, 2020
Pris le : 8 juillet 2020
I approve this Regulation.
J’approuve le présent règlement.
Le procureur général,
Doug Downey
Attorney General
Date approved: July 14, 2020
Approuvé le : 14 juillet 2020