Compensation
16 (1) Subject to subsection (5) and the regulations made under this Act, a person is entitled to compensation from the Crown for any monetary loss that the person suffers that is directly attributable to an error or omission of a public servant employed under Part III of the Public Service of Ontario Act, 2006 who performs a duty or provides a service under this Act or a designated Act for the purpose of this Act.  1994, c. 32, s. 16 (1); 2006, c. 35, Sched. C, s. 10 (3). Protection from liability (2) No action or other proceeding for damages shall be instituted against the Crown for any monetary loss that a person suffers as a result of, (a) an error or omission of a person who is not a public servant referred to in subsection (1) and who performs a duty or provides a service under this Act or a designated Act for the purpose of this Act; or (b) any inaccuracy or incompleteness in a record maintained under this Act or a designated Act for the purpose of this Act.  1994, c. 32, s. 16 (2); 2006, c. 35, Sched. C, s. 10 (4). No personal liability (3) No action or other proceeding for damages shall be instituted against a public servant referred to in subsection (1) for an act done in good faith in the execution or intended execution of a duty or service under this Act or a designated Act for the purpose of this Act or for an alleged neglect or default in the execution in good faith of the duty or service.  1994, c. 32, s. 16 (3); 2006, c. 35, Sched. C, s. 10 (4). Crown liability (4) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (3) does not relieve the Crown of liability in respect of a tort committed by a public servant referred to in subsection (1) to which it would otherwise be subject.  1994, c. 32, s. 16 (4); 2006, c. 35, Sched. C, s. 10 (4); 2019, c. 7, Sched. 17, s. 41. Exception (5) Subsections (1) to (4) do not apply to a claim for compensation that relates to the administration of a designated Act if the designated Act contains provisions on the right to compensation and the amount of compensation that is payable to a person who suffers a monetary loss.  1994, c. 32, s. 16 (5). Regulations (6) The Lieutenant Governor in Council may make regulations, (a) attaching conditions to the right to receive compensation under this section, including specifying cases in which no compensation is payable; (b) establishing a compensation fund for the purpose of subsection (1) or a designated Act; (c) governing the right to receive compensation out of the fund and the amount of compensation payable out of the fund for a claim or a class of claims; (d) governing procedures for making claims against the fund; (e) providing for the appointment of persons to hear claims against the fund and governing the conditions for hearings.  1994, c. 32, s. 16 (6). Compensation fund (7) If the regulations made under this Act have established a compensation fund, a claim for compensation under this Act or a designated Act shall be made to the fund.  1994, c. 32, s. 16 (7). Protection from liability (8) No action or other proceeding for damages shall be instituted against the Crown with respect to any matter in relation to which a claim against a compensation fund established under this Act may be filed.  1994, c. 32, s. 16 (8). Agreements with Canada (9) Despite clause (2) (a) or any provision in a designated Act, the Minister responsible for the administration of this section may enter into agreements with the Government of Canada or any province or municipality to pay compensation where records are maintained or duties are performed in co-operation with that government.  1994, c. 32, s. 16 (9). Payment out of fund (10) If the Minister responsible for the administration of this section is required to pay compensation under an agreement mentioned in subsection (9) and the regulations made under this Act have established a compensation fund, the payment may be made from the compensation fund.  1994, c. 32, s. 16 (10). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 10 (3, 4) - 20/08/2007 2019, c. 7, Sched. 17, s. 41 - 01/07/2019