The Ontario Family Law Act R.S.O. 1990, s. F.3 as amended by the Uniform Federal and Provincial Child Support Guidelines Act, 1997 S.O. 1997, c. 20 An Unofficial Consolidation Sections 45 - 70

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45. Pledging credit for necessities

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.

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.

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.ÝF.3, s.Ý45.

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46. Order restraining harassment

(1)   On application, a court may make an interim or final order restraining the applicant's spouse or former spouse from molesting, annoying or harassing the applicant or children in the applicant's lawful custody, or from communicating with the applicant or children, except as the order provides, and may require the applicant's spouse or former spouse to enter into the recognizance that the court considers appropriate.

Offence

(2)  A person who contravenes a restraining order is guilty of an offence and upon conviction is liable,

(a) in the case of a first offence, to a fine of not more than $5,000 or to imprisonment for a term of not more than three months, or to both; and

(b) in the case of a second or subsequent offence, to a fine of not more than $10,000 or to imprisonment for a term of not more than two years, or to both.

Arrest without warrant

(3)  A police officer may arrest without warrant a person the police officer believes on reasonable and probable grounds to have contravened a restraining order.

Existing orders

(4)  Subsections (2) and (3) also apply in respect of contraventions, committed, on or after the 1st day of March, 1986, of restraining orders made under Part II of the Family Law Reform Act, being chapter 152 of the Revised Statutes of Ontario, 1980. R.S.O. 1990, c.ÝF.3, s.Ý46.

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47. Application for custody

The court may direct that an application for support stand over until an application for custody under the Children's Law Reform Act has been determined. R.S.O. 1990, c.ÝF.3, s.Ý47.

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48. Appeal from Ontario Court (Provincial Division)

An appeal lies from an order of the Ontario Court (Provincial Division) under this Part to the Ontario Court (General Division). R.S.O. 1990, c.ÝF.3, s.Ý48.

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49. Contempt of orders of Ontario Court (Provincial Division)

(1)   In addition to its powers in respect of contempt, the Ontario Court (Provincial Division) may punish by fine or imprisonment, or by both, any wilful contempt of or resistance to its process, rules or orders under this Act, but the fine shall not exceedÝ$5,000 nor shall the imprisonment exceed ninety days.

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.ÝF.3, s.Ý49.

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50. Limitation

Idem

(2)  If the spouses provided for support on separation in a domestic contract, subsection (1) does not apply and no action or application for an order for the support of a spouse shall be brought after default under the contract has subsisted for two years. R.S.O. 1990, c.ÝF.3, s.Ý50.

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51. Definitions

"cohabitation agreement" means an agreement entered into under section 53;

"domestic contract" means a marriage contract, separation agreement or cohabitation agreement

"marriage contract" means an agreement entered into under section 52;

"paternity agreement" means an agreement entered into under section 59;

"separation agreement" means an agreement entered into under section 54. R.S.O. 1990, c.ÝF.3, s.Ý51.

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52. Marriage contracts

(1)   A man and a woman 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 custody of or access to their children; and

(d) any other matter in the settlement of their affairs.

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.ÝF.3, s.Ý52.

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53. Cohabitation Agreements

(1)   A man and a woman 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 custody of or access to their children; and

(d) any other matter in the settlement of their affairs.

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.ÝF.3, s.Ý53.

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54. Separation agreements

A man and a woman 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 custody of and access to their children; and

(e) any other matter in the settlement of their affairs. R.S.O. 1990, c.ÝF.3, s.Ý54.

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55. Form of contract

(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.

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.ÝF.3, s.Ý55 (1,Ý2).

(3)  If a mentally incapable person has a guardian of property other than his or her own spouse, the guardian may enter into a domestic contract or give any waiver or consent under this Act on the person's behalf, subject to the approval of the court, given in advance.

P.G.T.

(4)  In all other cases of mental incapacity, the Public Guardian and Trustee has power to act on the person's behalf in accordance with subsection (3). 1992, c.Ý32, s.Ý12.

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56. Contracts subject to best interests of child

(1)   In the determination of a matter respecting the [DELETE: support,] education, moral training or custody of or access 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.

Clauses requiring chastity

(2)  A provision in a domestic contract to take effect on separation whereby any right of a party is dependent upon remaining chaste is unenforceable, but this subsection shall not be construed to affect a contingency upon marriage or cohabitation with another.

Idem

(3)  A provision in a domestic contract made before the 1st day of March, 1986 whereby any right of a party is dependent upon remaining chaste shall be given effect as a contingency upon marriage or cohabitation with another.

Setting aside domestic contract

(4)  A court may, on application, set aside a domestic contract or a provision in it,

(a) if a party failed to disclose to the other significant assets, or significant debts or other liabilities, existing when the domestic contract was made;

(b) if a party did not understand the nature or consequences of the domestic contract; or

(c) otherwise in accordance with the law of contract.

Barriers to remarriage

(5)   The court may, on application, set aside all or part of a separation agreement or settlement, if the court is satisfied that the removal by one spouse of barriers that would prevent the other spouse's remarriage within that spouse's faith was a consideration in the making of the agreement or settlement.

Idem

(6)  Subsection (5) also applies to consent orders, releases, notices of discontinuance and abandonment and other written or oral arrangements.

Application of subss. (4, 5, 6)

(7)  Subsections (4), (5) and (6) apply despite any agreement to the contrary. R.S.O. 1990, c.ÝF.3, s.Ý56.

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57. Rights of donors of gifts

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.ÝF.3, s.Ý57.

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58. Contracts made outside Ontario

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 33Ý(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 custody of or access to children is not enforceable in Ontario. R.S.O. 1990, c.ÝF.3, s.Ý58.

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59. Paternity agreements

(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 (Provincial Division) or the Unified Family Court, 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.

Absconding respondent

(2)  If an application is made under subsection (1) and a judge of the court is satisfied that the respondent is about to leave Ontario and that there are reasonable grounds to believe that the respondent intends to evade his or her responsibilities under the agreement, the judge may issue a warrant in the form prescribed by the rules of the court for the respondent's arrest.

Bail

(3)   Section 150 (interim release by justice of the peace) of the Provincial Offences Act applies with necessary modifications to an arrest under the warrant.

Capacity of minor

(4)  A minor has capacity to enter into an agreement under subsection (1) that is approved by the court, whether the approval is given before or after the minor enters into the agreement.

Application to existing agreements

(5)  This section applies to paternity agreements that were made before the 1st day of March, 1986. R.S.O. 1990, c.ÝF.3, s.Ý59.

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60. Application of Act to existing contracts

(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.

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.

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.ÝF.3, s.Ý60.

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61. Right of dependants to sue in tort

(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.

Damages in case of injury

(2)  The damages recoverable in a claim under subsection (1) may include,

(a) actual expenses reasonably incurred for the benefit of the person injured or killed;

(b) actual funeral expenses reasonably incurred;

(c) a reasonable allowance for travel expenses actually incurred in visiting the person during his or her treatment or recovery;

(d) where, as a result of the injury, the claimant provides nursing, housekeeping or other services for the person, a reasonable allowance for loss of income or the value of the services; and

(e) an amount to compensate for the loss of guidance, care and companionship that the claimant might reasonably have expected to receive from the person if the injury or death had not occurred.

Contributory negligence

(3)   In an action under subsection (1), the right to damages is subject to any apportionment of damages due to contributory fault or neglect of the person who was injured or killed.

Limitations of actions

(4)  No action shall be brought under subsection (1) after the expiration of two years from the time the cause of action arose. R.S.O. 1990, c.ÝF.3, s.Ý61.

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62. Offer to settle for global sum

(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.

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.

Payment before apportionment

(3)  The court may direct payment from the fund before apportionment.

Payment may be postponed

(4)  The court may postpone the distribution of money to which minors are entitled. R.S.O. 1990, c.ÝF.3, s.Ý62.

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63. Assessment of damages, insurance

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.ÝF.3, s.Ý63.

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64. Unity of legal personality abolished

(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.

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.

Purpose of subss. (1,Ý2)

(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.ÝF.3, s.Ý64.

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65. Actions between parent and child

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.ÝF.3, s.Ý65.

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66. Recovery for prenatal injuries

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.ÝF.3, s.Ý66.

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67. Domicile of minor

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.ÝF.3, s.Ý67.

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68. Parental liability for torts of child: onus of proof

In an action against a parent for damage to property or for personal injury or death caused by the fault or neglect of a child who is a minor, the onus of establishing that the parent exercised reasonable supervision and control over the child rests with the parent. R.S.O. 1990, c.ÝF.3, s.Ý68.

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GENERAL

69. Regulations

(1)   The Lieutenant Governor in Council may make regulations respecting any matter referred to as prescribed by the regulations. R.S.O. 1990, c.ÝF.3, s.Ý69.

(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) respecting the determination of income for the purposes of the application of the guidelines;

(e) authorizing a court to impute income for the purposes of the application of the guidelines;

(f) respecting the production of income information and providing for sanctions when that information is not provided.

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70. Application of ss.Ý5-8

(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.

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.

Interpretation of existing contracts

(3)   A separation agreement or marriage contract that was validly made before the 1st day of March, 1986 and that excludes a spouse's property from the application of sections 4 and 8 of the Family Law Reform Act, being chapter 152 of the Revised Statutes of Ontario, 1980,

(a) shall be deemed to exclude that property from the application of section 5 of this Act; and

(b) shall be read with necessary modifications. R.S.O. 1990, c.ÝF.3, s.Ý70.

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