Access to court files
Definition
“restricted access order” means an order that access to all or part of a court file be limited or that any portion of it be redacted before being provided to a person, including an order under subsection 137 (2) of the Courts of Justice Act or clause 70 (1) (a) of the Children’s Law Reform Act. O. Reg. 590/22, s. 1.
Requirement to notify re access to certain filed documents
(2) Subject to subrule (4), a person who, under subsection 137 (1) of the Courts of Justice Act, wishes to see any document filed in a case referred to in subrule (3) must first give at least 10 days written notice to,
(a) the parties to the case; and
(b) the Children’s Lawyer, if the Children’s Lawyer is,
(i) representing a child in the case, or
(ii) conducting an investigation under section 112 of the Courts of Justice Act in relation to the case. O. Reg. 590/22, s. 1.
Affected cases
(3) Subrule (2) applies with respect to the following cases, unless the case is already subject to a restricted access order:
1. A case involving a claim respecting decision-making responsibility, parenting time or contact with respect to a child under the Divorce Act (Canada) or Part III of the Children’s Law Reform Act.
2. A case involving an order under Part I of the Children’s Law Reform Act.
3. An international child abduction case. O. Reg. 590/22, s. 1.
Exempted persons
(4) Subrule (2) does not apply with respect to the following persons:
1. A party or their lawyer.
2. A person authorized in writing by a party or the party’s lawyer.
3. The Director of the Family Responsibility Office.
4. The Children’s Lawyer.
5. A children’s aid society. O. Reg. 590/22, s. 1.
Shortening notice time
(5) The court may shorten the time specified in subrule (2) under subrule 3 (5), but only if it is of the opinion that there is a situation of urgency requiring it. O. Reg. 590/22, s. 1.
Request for restricted access order
(6) A party who receives notice under subrule (2) and who wants to obtain a restricted access order with respect to the court file shall do so by making a motion before the expiry of the notice period specified under that subrule requesting the order. O. Reg. 590/22, s. 1.
Motion form
(7) Despite subrule 14 (9),
(a) the party making the motion shall use a motion form (Form 14B) instead of a notice of motion; and
(b) an affidavit (Form 14A) may be included, but is not required to be included. O. Reg. 590/22, s. 1.
Service
(8) The motion form shall be served on every other party to the case, the person who gave notice under subrule (2), and, if the notice was given to the Children’s Lawyer under clause (2) (b), the Children’s Lawyer. O. Reg. 590/22, s. 1.
Exception
(9) Subrules (6) to (8) do not apply if, at the time a party receives notice under subrule (2), the party has already made a motion or application for a restricted access order. O. Reg. 590/22, s. 1.
Access to document
(10) Access to a document filed in a case to which subrule (2) applies shall not be given to a person to whom that subrule applies, until,
(a) the person files an affidavit (Form 14A) confirming that they have not been served with notice of a motion or application for a restricted access order; or
(b) if a motion or application has been made in accordance with these rules for a restricted access order, the court determines the motion or application. O. Reg. 590/22, s. 1.
