Mandatory Information Program in Ontario Family Court: Who Must Attend

You have just started a family court case in Ontario, or you have been served with court papers. Among the many new terms, you may see a reference to the Mandatory Information Program, often called the MIP. It is natural to ask whether it applies to you and by when.

This article explains the basic rule, the list of people who do not have to attend, and where the program fits in the early steps of a case. Court practice varies by location, so use this as a general guide and confirm the details for your court.

What the rule requires

Under rule 8.1 of the Family Law Rules, each party must attend the Mandatory Information Program no later than 45 days after the case is started. The rule applies to cases started after August 31, 2011.

The requirement applies to each party, so both the applicant (the person who starts the case) and the respondent (the other party) are covered unless an exemption applies. The exemptions listed in the next section are what can remove the requirement for a party.

This article does not describe what is covered in the program, how long it runs or how to register. Those details can vary, so ask your local Family Law Information Centre or the court office.

Who does not have to attend

Rule 8.1(2) sets out groups who are not required to attend. They are:

• Parties in cases proceeding on consent.
• Parties whose only claims are for a divorce, costs, or incorporating an agreement or prior order.
• Parties whose only claims relate to family arbitration, unless the court orders otherwise.
• Parties in international child abduction cases.
• Parties who have already attended a program.
• The Director of the Family Responsibility Office.
• Persons or agencies referred to in s. 33(3) of the Family Law Act.

Note the word "only" in several of these. If your case includes other claims alongside a divorce, for example, the exemption for divorce-only claims may not fit. Whether it does depends on exactly what is claimed, so it is worth checking with a lawyer or a Family Law Information Centre.

Where the program fits in the early timeline

A case starts when the applicant files an application. Rule 8 covers how to start a case and Rule 10 covers how to answer one. The application must then be served by special service, carried out by someone other than the applicant who is at least 18.

A respondent served in Canada or the United States has 30 calendar days to serve and file an answer, and 60 days if served outside Canada or the United States. The 45-day program deadline runs from when the case is started, so it can come up while other early steps are still going on.

At a first appearance in the Ontario Court of Justice, the clerk checks that documents have been served and filed, refers the parties to information and to alternatives such as mediation, and schedules a case conference. Whether appearances are in person or virtual varies by region and can change through scheduling notices.

If you are not sure the program applies to you

The starting points are the 45-day timing and the list of exemptions, so the first job is to work out which side of that line your case falls on. A Family Law Information Centre can give general information about procedure, though its staff give information and not legal advice.

How a court would treat a missed program in a particular case depends on the facts. If you think you will miss the 45-day deadline, or you are unsure whether you were required to attend, get advice promptly rather than waiting to see what happens.

What to do next

• Note the date your case was started, then count 45 days forward.
• Read your documents to see what is actually claimed, and compare that to the exemption list.
• If you were served, also note your answer deadline: 30 days in Canada or the United States, 60 days elsewhere.
• Contact a Family Law Information Centre for free forms and general procedural information. Staff give information, not legal advice.
• If you have little income, ask about free advice from Legal Aid Ontario advice lawyers or duty counsel at court.
• Speak with a family lawyer if you are not sure whether an exemption applies to you.

Frequently asked questions