Family Law Act

Whereas it is desirable to encourage and strengthen the role of the family; and whereas for that purpose it is necessary to recognize the equal position of spouses as individuals within marriage and to recognize marriage as a form of partnership; and whereas in support of such recognition it is necessary to provide in law for the orderly and equitable settlement of the affairs of the spouses upon the breakdown of the partnership, and to provide for other mutual obligations in family relationships, including the equitable sharing by parents of responsibility for their children; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1 (1) In this Act, “child” includes a person in respect of 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 intentio…

2 (1) If, in an application under this Act, it appears to the court that for the appropriate determination of the spouses’ affairs it is necessary or desirable to have other matters determined first or simultaneously, the court may stay the application until another proceeding is brought or determined as the court considers appropriate. R.S.O. 1990, c. F.3, s. 2 (1). All proceedings in one court (2) Except as this Act provides otherwise, no person who is a party to an application under this Act shall make another application under this Act to another court, but the court may order that the proceeding be transferred to a court having other jurisdiction where, in the first court’s opinion, the other court is more appropriate to determine the matters in issue that should be determined at the same time. R.S.O. 1990, c. F.3, s. 2 (2). Applications in Superior Court of Justice (3) In the Super…

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 li…

PART I FAMILY PROPERTY

4 (1) In this Part, “court” means a court as defined in subsection 1 (1), but does not include the Ontario Court of Justice; (“tribunal”) “matrimonial home” means a matrimonial home under section 18 and includes property that is a matrimonial home under that section at the valuation date; (“foyer conjugal”) “net family property” means the value of all the property, except property described in subsection (2), that a spouse owns on the valuation date, after deducting, (a) the spouse’s debts and other liabilities, and (b) the value of property, other than a matrimonial home, that the spouse owned on the date of the marriage, after deducting the spouse’s debts and other liabilities, other than debts or liabilities related directly to the acquisition or significant improvement of a matrimonial home, calculated as of the date of the marriage; (“biens familiaux nets”) “property” means any inte…

5 (1) When a divorce is granted or a marriage is declared a nullity, or when the spouses are separated and there is no reasonable prospect that they will resume cohabitation, the spouse whose net family property is the lesser of the two net family properties is entitled to one-half the difference between them. R.S.O. 1990, c. F.3, s. 5 (1). Death of spouse (2) When a spouse dies, if the net family property of the deceased spouse exceeds the net family property of the surviving spouse, the surviving spouse is entitled to one-half the difference between them. R.S.O. 1990, c. F.3, s. 5 (2). Improvident depletion of spouse’s net family property (3) When spouses are cohabiting, if there is a serious danger that one spouse may improvidently deplete his or her net family property, the other spouse may on an application under section 7 have the difference between the net family properties divide…

6 (1) When a spouse dies leaving a will, the surviving spouse shall elect to take under the will or to receive the entitlement under section 5. R.S.O. 1990, c. F.3, s. 6 (1). Spouse’s intestacy (2) When a spouse dies intestate, the surviving spouse shall elect to receive the entitlement under Part II of the Succession Law Reform Act or to receive the entitlement under section 5. R.S.O. 1990, c. F.3, s. 6 (2). Spouse’s partial intestacy (3) When a spouse dies testate as to some property and intestate as to other property, the surviving spouse shall elect to take under the will and to receive the entitlement under Part II of the Succession Law Reform Act, or to receive the entitlement under section 5. R.S.O. 1990, c. F.3, s. 6 (3). Property outside estate (4) A surviving spouse who elects to take under the will or to receive the entitlement under Part II of the Succession Law Reform Act, o…

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 prospe…

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…

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 t…

10.1 (1) The imputed value, for family law purposes, of a spouse’s interest in a pension plan to which the Pension Benefits Act applies is determined in accordance with section 67.2 or, in the case of a spouse’s interest in a variable benefit account, section 67.7 of that Act. 2009, c. 11, s. 26; 2017, c. 8, Sched. 27, s. 21 (1). Same (1.1) The imputed value, for family law purposes, of a spouse’s interest in a pension plan to which the Pooled Registered Pension Plans Act, 2015 applies is determined in accordance with section 17 of that Act. 2015, c. 9, s. 28 (1). Same (2) The imputed value, for family law purposes, of a spouse’s interest in any other pension plan is determined, where reasonably possible, in accordance with section 67.2 or, in the case of a spouse’s interest in a variable benefit account, section 67.7 of the Pension Benefits Act with necessary modifications. 2009, c. 11,…

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 ot…

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 val…

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 …

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 co…

24 (1) Regardless of the ownership of a matrimonial home and its contents, and despite section 19 (spouse’s right of possession), the court may on application, by order, (a) provide for the delivering up, safekeeping and preservation of the matrimonial home and its contents; (b) direct that one spouse be given exclusive possession of the matrimonial home or part of it for the period that the court directs and release other property that is a matrimonial home from the application of this Part; (c) direct a spouse to whom exclusive possession of the matrimonial home is given to make periodic payments to the other spouse; (d) direct that the contents of the matrimonial home, or any part of them, (i) remain in the home for the use of the spouse given possession, or (ii) be removed from the home for the use of a spouse or child; (e) order a spouse to pay for all or part of the repair and main…

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.

33 (1) A court may, on application, order a person to provide support for his or her dependants and determine the amount of support. R.S.O. 1990, c. F.3, s. 33 (1). Applicants (2) An application for an order for the support of a dependant may be made by the dependant or the dependant’s parent. R.S.O. 1990, c. F.3, s. 33 (2). Same (2.1) The Limitations Act, 2002 applies to an application made by the dependant’s parent or by an agency referred to in subsection (3) as if it were made by the dependant himself or herself. 2002, c. 24, Sched. B, s. 37. Same (3) An application for an order for the support of a dependant who is the respondent’s spouse or child may also be made by one of the following agencies, (a) the Ministry of Community and Social Services in the name of the Minister; (b) a municipality, excluding a lower-tier municipality in a regional municipality; (c) a district social ser…

34 (1) In an application under section 33, the court may make an interim or final order, (a) requiring that an amount be paid periodically, whether annually or otherwise and whether for an indefinite or limited period, or until the happening of a specified event; (b) requiring that a lump sum be paid or held in trust; (c) requiring that property be transferred to or in trust for or vested in the dependant, whether absolutely, for life or for a term of years; (d) respecting any matter authorized to be ordered under clause 24 (1) (a), (b), (c), (d) or (e) (matrimonial home); (e) requiring that some or all of the money payable under the order be paid into court or to another appropriate person or agency for the dependant’s benefit; (f) requiring that support be paid in respect of any period before the date of the order; (g) requiring payment to an agency referred to in subsection 33 (3) of …

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 …

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).

37 (1) An application to the court for variation of an order made or confirmed under this Part may be made by, (a) a dependant or respondent named in the order; (b) a parent of a dependant referred to in clause (a); (c) the personal representative of a respondent referred to in clause (a); or (d) an agency referred to in subsection 33 (3). 1997, c. 20, s. 6. Powers of court: spouse and parent support (2) In the case of an order for support of a spouse or parent, if the court is satisfied that there has been a material change in the dependant’s or respondent’s circumstances or that evidence not available on the previous hearing has become available, the court may, (a) discharge, vary or suspend a term of the order, prospectively or retroactively; (b) relieve the respondent from the payment of part or all of the arrears or any interest due on them; and (c) make any other order under sectio…

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 (…

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 otherwi…

39 (1) In this section, “child support calculation service” means the service established by the Government of Ontario for the purposes of this section. 2014, c. 7, Sched. 9, s. 6. Application for calculation (2) Subject to subsection (3), a parent of a child may apply in accordance with the regulations for a calculation by the child support calculation service of an amount to be paid for the support of the child. 2014, c. 7, Sched. 9, s. 6. Requirements (3) Subsection (2) does not apply unless the following requirements are met: 1. The applicant is a parent of the child as set out in section 4 of the Children’s Law Reform Act, or has decision-making responsibility, within the meaning of that Act, with respect to the child under an order or domestic contract. 2. If the applicant is a parent of the child as set out in section 4 of the Children’s Law Reform Act, i. the parents of the child…

39.1 (1) In this section, “child support recalculation service” means the service established by the Government of Ontario for the purposes of this section. 2014, c. 7, Sched. 9, s. 7. Application for recalculation (2) If a party to an order for the support of a child believes that the income information on which the order was based has changed, the party may apply in accordance with the regulations for a recalculation by the child support recalculation service of the amount payable under the order. 2014, c. 7, Sched. 9, s. 7. Ineligible (3) Subsection (2) does not apply with respect to any order or child support obligation that is prescribed by the regulations as being ineligible for recalculation under this section. 2014, c. 7, Sched. 9, s. 7. Information to be provided (4) In an application under subsection (2), every party shall provide the income information and any other informatio…

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…

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).

44 (1) In an application under section 33 or 37 in the Ontario Court of Justice or the Family Court of the Superior Court of Justice, the court shall proceed under this section, whether or not the respondent in the application files a financial statement, if, (a) the respondent fails to appear; (b) it appears to the court that the respondent resides in a locality in Ontario that is more than 150 kilometres away from the place where the court sits; and (c) the court is of the opinion, in the circumstances of the case, that the issues can be adequately determined by proceeding under this section. R.S.O. 1990, c. F.3, s. 44 (1); 2019, c. 14, Sched. 9, s. 42. Idem (2) If the court determines that it would be proper to make a final order, were it not for the respondent’s failure to appear, the court shall make an order for support that is provisional only and has no effect until it is confirm…

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 suppla…

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. Note: On a day to be named by order of the Lieutenant Governor in Council, subsection 46 (1) of the Act is repealed and the following substituted: (See: 2025, c. 6, Sched. 6, s. 1 (1)) Restraining order (1) The court may make an interim or final restraining order against a person referred to in subsection (2), on the application of, (a) a person who has reasonable grounds to fear for their own safety or for the safety of any child in their lawful custody; (b) a person prescribed by the regulations, on behalf of and with the consent of a person referred to in clause (a); or (c) any person, on behalf of a person re…

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 …

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 p…

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 p…

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 i…

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)…

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”; (“conventi…

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…

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 forc…

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 Truste…

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 contra…

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 divi…

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 tha…

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

59.4.1 (1) In this section, “family law valuation date” means, with respect to the parties to an arbitration, (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. 39. Immediate transfer of lump sum (2) A family arbitration award 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. 39. 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 family arbitration award may provide for the division of pension payments, but not for any…

59.5 Repealed: 2009, c. 33, Sched. 2, s. 34 (5). Section Amendments with date in force (d/m/y) 2006, c. 1, s. 5 (10) - 30/04/2007 2009, c. 33, Sched. 2, s. 34 (5) - 15/12/2009

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 f…

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 f…

59.8 (1) Subject to section 59.9, 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); 2024, c. 28, Sched. 9, s. 2. 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…

59.9 (1) A party who is entitled to the enforcement of a family arbitration award that contains a provision for support or maintenance may file the award with the clerk of the Superior Court of Justice or the Family Court together with the following documentation: 1. A copy of the family arbitration agreement. 2. Copies of the certificates of independent legal advice. 2024, c. 28, Sched. 9, s. 3. Effect of filing (2) A provision for support or maintenance contained in an award that is filed in accordance with subsection (1) may be enforced as if it were an order of the court where it is filed. 2024, c. 28, Sched. 9, s. 3. Right to set aside award not affected (3) For greater certainty, the filing of an award under subsection (1) does not affect the right of a party to apply to the court under subsection 46 (1) of the Arbitration Act, 1991 to set aside the award. 2024, c. 28, Sched. 9, s.…

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 expe…

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

69 (1) The Lieutenant Governor in Council may make regulations respecting any matter referred to as prescribed by the regulations. R.S.O. 1990, c. F.3, s. 69. Same (2) The Lieutenant Governor in Council may make regulations establishing, (a) guidelines respecting the making of orders for child support under this Act; and (b) guidelines that may be designated under subsection 2 (5) of the Divorce Act (Canada). 1997, c. 20, s. 12. Same (3) Without limiting the generality of subsection (2), guidelines may be established under subsection (2), (a) respecting the way in which the amount of an order for child support is to be determined; (b) respecting the circumstances in which discretion may be exercised in the making of an order for child support; (c) respecting the circumstances that give rise to the making of a variation order in respect of an order for the support of a child; (d) respecti…

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 …