317 (1) If sufficient cause is shown to the Minister, despite the imposition of any other penalty for the same cause and in addition to any rights the Minister may have under this or any other Act, the Minister may, by order, after giving the corporation an opportunity to be heard and upon the terms and conditions that the Minister considers fit, (a)  cancel the letters patent of a corporation and declare it to be dissolved on the date fixed in the order; (b)  declare the corporate existence of a corporation incorporated otherwise than by letters patent to be terminated and the corporation to be dissolved on the date fixed in the order; (c)  cancel any supplementary letters patent issued to a corporation and declare that the matter that became effective upon the issuance of the supplementary letters patent ceases to be in effect from the date fixed in the order; (d)  cancel any letters patent of amalgamation or letters patent of continuation of a corporation and declare that the amalgamation or continuation ceases to be in effect from the date fixed in the order; (e)  cancel an order reviving a corporation made under subsection (10) and declare that the revival order ceases to be in effect from the date fixed in the order made under this subsection; (f)  cancel a dissolution order made under subsection 319 (2) and declare that the dissolution order ceases to be in effect from the date fixed in the order made under this subsection; or (g)  cancel a termination order made under section 320 and declare that the termination order ceases to be in effect from the date fixed in the order made under this subsection. 2017, c. 20, Sched. 7, s. 68 (1). Written hearing (2) A hearing referred to in subsection (1) shall be in writing in accordance with the rules made by the Minister under the Statutory Powers Procedure Act. 2015, c. 38, Sched. 7, s. 47 (10). Transition (3) Subsection (2) does not apply to a hearing if the notice specifying a date for the hearing is issued before the day subsection 47 (10) of the Forfeited Corporate Property Act, 2015
comes into force. 2015, c. 38, Sched. 7, s. 47 (10). (4), (5)  Repealed: 2015, c. 38, Sched. 7, s. 47 (10). Appeal (6) An appeal lies from an order made under subsection (1) to the Divisional Court upon a question of law only. R.S.O. 1990, c. C.38, s. 317 (6); 2017, c. 20, Sched. 7, s. 68 (2). Minister to be heard (7) The Minister is entitled to be heard, by counsel or otherwise, upon the argument of any such appeal. R.S.O. 1990, c. C.38, s. 317 (7). No costs (8) No costs are payable by or to any person by reason of or in respect of any such appeal.  R.S.O. 1990, c. C.38, s. 317 (8). Dissolution order (9) If it appears that a corporation is in default of a filing requirement under the Corporations Information Act and that notice of such default has been given in accordance with section 324 to the corporation or by publication under section 326.8, the Minister may by order, after 90 days after the notice has been given, (a)  cancel the letters patent of the corporation and declare it to be dissolved on such date as the order may fix; or (b)  declare the corporate existence of the corporation, if it was incorporated otherwise than by letters patent, to be terminated and the corporation to be dissolved on such date as the order may fix. 2015, c. 38, Sched. 7, s. 47 (11); 2017, c. 20, Sched. 7, s. 68 (3). Order revoking dissolution order (10) The Minister shall make an order revoking a dissolution order made under subsection (9) if, (a)  the corporation was dissolved under subsection (9) or a predecessor of it and has not been revived under subsection (14); and (b)  the Minister receives from the Minister responsible for the administration of the Forfeited Corporate Property Act, 2015, the Minister of Northern Development and Mines or the Public Guardian and Trustee notice that, in his or her opinion, the revocation would be in the public interest. 2015, c. 38, Sched. 7, s. 47 (11). Same (10.1) The Minister may make an order revoking a dissolution order made under subsection (9) if, (a)  there was no authority to make the dissolution order; (b)  there was an error in respect of the dissolution order; or (c)  the prescribed circumstances exist. 2017, c. 20, Sched. 7, s. 68 (4). Objections (11) The Minister responsible for the administration of the Forfeited Corporate Property Act, 2015, the Minister of Northern Development and Mines or the Public Guardian and Trustee shall not give a notice under clause (10) (b) if the Minister as defined in section 1 objects to the giving of the notice. 2015, c. 38, Sched. 7, s. 47 (11). Effect of order under subs. (10) (12) If an order is made under subsection (10), (a)  the order is effective on the date fixed in the order and the corporation is revived on that date; (b)  the corporation is deemed for all purposes never to have been dissolved, subject to the rights, if any, acquired by any person during the period of dissolution; and (c)  subject to subsection (13), the Minister may give the corporation a new notice of default as mentioned in subsection (9) if the corporation does not remedy the default identified in the original notice of default or for any other default. 2015, c. 38, Sched. 7, s. 47 (11). Effect of order under subs. (10.1) (12.1) If an order is made under subsection (10.1), (a)  the order is effective as of the date of the dissolution order; and (b)  the corporation is deemed for all purposes never to have been dissolved, subject to the rights, if any, acquired by any person during the period of dissolution.  2017, c. 20, Sched. 7, s. 68 (4). Consultation before giving new notice (13) Within the 10-year period after a dissolution order is revoked under subsection (10), the Minister shall not send or publish a new notice of default as mentioned in subsection (9) without first consulting with the Minister responsible for the administration of the Forfeited Corporate Property Act, 2015, the Minister of Northern Development and Mines or the Public Guardian and Trustee, whichever one gave the notice described in clause (10) (b). 2015, c. 38, Sched. 7, s. 47 (11). Revival (14) Where a corporation is dissolved under subsection (9) or a predecessor of it except a company referred to in section 2.1, the Minister may, in his or her discretion, on the application of any interested person, revive the corporation by order and upon revival, the corporation shall be deemed for all purposes never to have been dissolved, subject to, Note: On October 19, 2046, the 25th anniversary of the day subsection 3 (1) of Schedule 7 to the Cutting Unnecessary Red Tape Act, 2017 comes into force, subsection 317 (14) of the Act is amended by striking out “except a company referred to in section 2.1” after “or a predecessor of it” in the portion before clause (a). (See: 2017, c. 20, Sched. 7, s. 68 (6)) (a)  subsection (15) or (16), as the case may be; (b)  any terms and conditions the Minister sees fit to impose in respect of the revival; and (c)  the rights, if any, acquired by any person during the period of dissolution. 2015, c. 38, Sched. 7, s. 47 (11); 2017, c. 20, Sched. 7, s. 68 (5). Effect of revival on forfeited corporate property (15) If a corporation that was dissolved under subsection (9) or a predecessor of it before the day section 2 of the Forfeited Corporate Property Act, 2015 comes into force is revived under subsection (14) on or after the third anniversary of the coming into force of that section, any property that forfeited to and vested in the Crown when the corporation dissolved remains forfeited to and vested in the Crown and shall not be returned to the corporation except in the manner provided in the Forfeited Corporate Property Act, 2015 or in the Escheats Act, 2015. 2015, c. 38, Sched. 7, s. 47 (11). Same (16) If a corporation that was dissolved under subsection (9) or a predecessor of it on or after the day section 2 of the Forfeited Corporate Property Act, 2015 comes into force is revived under subsection (14) on or after the third anniversary of the corporation’s dissolution, any property that forfeited to and vested in the Crown when the corporation dissolved remains forfeited to and vested in the Crown and shall not be returned to the corporation except in the manner provided in the Forfeited Corporate Property Act, 2015 or in the Escheats Act, 2015. 2015, c. 38, Sched. 7, s. 47 (11). Section Amendments with date in force (d/m/y) 1993, c. 16, s. 3 - 01/03/1995; 1994, c. 27, s. 78 (10, 11) - 01/03/1995 2015, c. 38, Sched. 7, s. 47 (10, 11) - 10/12/2016 2017, c. 20, Sched. 7, s. 68 (2) - 14/11/2017; 2017, c. 20, Sched. 7, s. 68 (1, 3-5) - 19/10/2021; 2017, c. 20, Sched. 7, s. 68 (6) - 19/10/2046