Right before Christmas, the Ontario legislature gave assent to an amendment to the Family Law Act.
On December 4, 2024, Schedule 9 was released.
In it, the Government of Ontario stated that it “is committed to continuing to help Ontarians save time and money by reducing red tape and is dedicated to supporting better services and a stronger economy. Therefore, His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:”
And here is where the news comes that the Ontario government has recognized the increasing role of arbitration in resolving family law matters, driven in part by significant delays in the court system.
As a response to the barriers to Family Court, the province introduced legislative changes to enhance the enforceability of Arbitration Awards, streamline legal procedures, and provide greater legal clarity.
Sections 1 to 3 of Schedule 9 of Ontario’s Family Law Act, represent a fundamental shift toward recognizing Family Arbitration as a viable, efficient and enforceable alternative to traditional Family Court proceedings.
Legal professionals and families alike must understand these developments, particularly how they impact support orders and interjurisdictional enforcement. To complement the Family Law Act amendments, the Family Responsibility and Support Arrears Enforcement Act, 1996 (FRSAEA) has been updated to ensure that Arbitration Awards are treated on par with court-issued support orders. One of the most notable changes is the explicit recognition of Family Arbitration Awards as enforceable support orders. Under the revised legislation, Arbitration decisions that meet the criteria set out in section 59.9 of the Family Law Act now hold the same legal weight as support orders issued by the courts. This provides families with greater certainty that arbitration outcomes will be respected and enforced.
Support orders, including those arising from Arbitration, can now be enforced directly through the Superior Court of Justice.
Amendments to the Interjurisdictional Support Orders Act, 2002 further reinforce Ontario’s commitment to modernizing family law enforcement. These updates ensure that Arbitration Awards containing support provisions are treated as fully enforceable ‘support orders’ in other jurisdictions. Previously, parties seeking to enforce an Arbitration Award outside Ontario often faced procedural roadblocks. The new framework removes these hurdles, ensuring that families can secure support obligations without unnecessary legal battles.
The 2024 legislative updates demonstrate Ontario’s commitment to modernizing family law and addressing the demand for effective alternative dispute resolution. By ensuring that Arbitration Awards are fully enforceable and recognized across jurisdictions, these reforms provide families with faster, more reliable access to justice. Legal professionals should be proactive in advising clients on these changes, as Family Arbitration continues to outpace Family Court and play an increasingly vital role in family law dispute resolution.
If you are interested in the exact language of Schedule 9, here it is:
1 The definition of “child” in subsection 1 (1) of the Family Law Act is amended by striking out “whom” and substituting “in respect of whom”.
2 Subsection 59.8 (1) of the Act is amended by adding “Subject to section 59.9,” at the beginning.
3 The Act is amended by adding the following section:
Enforcement of family arbitration award for support
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.
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.
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.
Family Responsibility and Support Arrears Enforcement Act, 1996
4 (1) The definition of “support order” in subsection 1 (1) of the Family Responsibility and Support Arrears Enforcement Act, 1996 is amended by striking out “or” at the end of clause (h), by adding “or” at the end of clause (i) and by adding the following clause:
(j) a family arbitration award that is enforceable under section 59.9 of the Family Law Act.
(2) Subsection 21 (3) of the Act is amended by adding the following clause:
(d) if the support order is a family arbitration award, by the Superior Court of Justice or the Family Court.
(3) Subsection 21 (8) of the Act is amended by adding the following clause:
(d) family arbitration awards that are enforceable under section 59.9 of the Family Law Act.
(4) Subclause 35 (6) (a) (i) of the Act is amended by striking out “subclause (ii)” and substituting “subclause (ii) or (iii)”.
(5) Clause 35 (6) (a) of the Act is amended by striking out “and” at the end of subclause (ii) and by adding the following subclause:
(iii) if the support order is a family arbitration award, the Superior Court of Justice or the Family Court; and
Interjurisdictional Support Orders Act, 2002
5 The definition of “support order” in section 1 of the Interjurisdictional Support Orders Act, 2002 is amended by striking out “and” at the end of clause (a) and by adding the following clause:
(a.1) the provisions of a family arbitration award requiring the payment of support if they are enforceable in the jurisdiction in which the award was made as if they were contained in an order of a court of that jurisdiction, and
Commencement
12 This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.
Editorial Note: Originally published on LinkedIn in January 2025, this article is republished here to inform readers of key changes to Ontario’s family arbitration laws.
Steve Benmor, B.Sc., LL.B., LL.M. (Family Law), C.S., Cert.F.Med., C.Arb., FDRP PC, is the founder and principal lawyer of Benmor Family Law Group, a boutique matrimonial law firm in downtown Toronto. He is a Certified Specialist in Family Law, a Certified Specialist in Parenting Coordination and was admitted as a Fellow to the prestigious International Academy of Family Lawyers. Steve is regularly retained as a Divorce Mediator/Arbitrator and Parenting Coordinator. Steve uses his 30 years of in-depth knowledge of family law, court-room experience and expert problem-solving skills in Divorce Mediation/Arbitration to help spouses reach fair, fast and cooperative divorce settlements without the financial losses, emotional costs and lengthy delays from divorce court.