FAMILY ARBITRATION, O. Reg. 134/07

• Jurisdiction: Ontario

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ONTARIO REGULATION 134/07

made under the

ARBITRATION ACT, 1991

Made: March 28, 2007
Filed: March 30, 2007
Published on e-Laws: April 2, 2007
Printed in The Ontario Gazette: April 14, 2007

FAMILY ARBITRATION

Interpretation

1. In this Regulation,

“mediation-arbitration agreement” means a family arbitration agreement that provides that,

(a) a mediation between the parties is to be conducted before any arbitration is conducted, and

(b) if the mediation fails, the mediator shall arbitrate the dispute and make a binding resolution of it; (“convention de médiation-arbitrage”)

“secondary arbitration” has the same meaning as in subsection 59.7 (2) of the Family Law Act. (“arbitrage secondaire”)

Standard provisions

2. (1) Every mediation-arbitration agreement made on or after September 1, 2007 shall contain,

(a) if made before April 30, 2008, the provisions set out in paragraphs 1, 2, 3 and 4 and subparagraphs 5 i and iii of subsection (4); or

(b) if made on or after April 30, 2008, the provisions set out in paragraphs 1, 2, 3 and 4 and subparagraphs 5 i, ii and iii of subsection (4).

(2) Every secondary arbitration agreement made on or after September 1, 2007 shall contain,

(a) if made before April 30, 2008, the provisions set out in paragraphs 1, 2 and 3 and subparagraphs 5 i and iii of subsection (4); or

(b) if made on or after April 30, 2008, the provisions set out in paragraphs 1, 2 and 3 and subparagraphs 5 i, ii and iii of subsection (4).

(3) Every family arbitration agreement made on or after September 1, 2007, other than a mediation-arbitration agreement or a secondary arbitration agreement, shall contain,

(a) if made before April 30, 2008, the provisions set out in paragraphs 1, 2, 3 and 4 and subparagraphs 5 i and iv of subsection (4); or

(b) if made on or after April 30, 2008, the provisions set out in paragraphs 1, 2, 3 and 4 and subparagraphs 5 i, ii and iv of subsection (4).

(4) The following are the provisions referred to in subsections (1), (2) and (3):

1. The arbitration will be conducted in accordance with, (choose either i or ii)

i. the law of Ontario, and the law of Canada as it applies in Ontario, or

ii. the law of ......................... (name other Canadian jurisdiction), and the law of Canada as it applies in that jurisdiction.

2. Any award may be appealed as follows: (choose either i or ii)

i. A party may appeal the award in accordance with subsection 45 (1) of the Arbitration Act, 1991.

ii. A party may appeal the award on, (...