7 (1) In this Part, “Director” means the Director of Asset Management – Civil appointed under section 15.1; (“directeur”) “injury to the public” includes, (a) any unreasonable interference with the public’s interest in the enjoyment of property, (b) any unreasonable interference with the public’s interest in questions of health, safety, comfort or convenience, (c) any expenses or increased expenses incurred by the public, including any expenses or increased expenses incurred by the Crown in right of Ontario, a municipal corporation or a public institution that belongs to a class prescribed by the regulations made under this Act, and (d) a contravention of subsection 2 (1) or (4) of the Keeping Ontario Open for Business Act, 2022; (“préjudice causé au public”) “instrument of unlawful activity” means property that is likely to be used to engage in unlawful activity that, in turn, would be likely to or is intended to result in the acquisition of other property, in injury to the public or in serious bodily harm to any person, and includes any property that is realized from the sale or other disposition of such property; (“instrument d’activité illégale”) “property” means real or personal property, and includes any interest in property; (“bien”) “responsible owner” means, with respect to property that is an instrument of unlawful activity, a person with an interest in the property who has done all that can reasonably be done to prevent the property from being used to engage in unlawful activity, including, (a) promptly notifying appropriate law enforcement agencies whenever the person knows or ought to know that the property has been or is likely to be used to engage in unlawful activity, and (b) refusing or withdrawing any permission that the person has authority to give and that the person knows or ought to know has facilitated or is likely to facilitate the property being used to engage in unlawful activity; (“propriétaire responsable”) “unlawful activity” means an act or omission that, (a) is an offence under an Act of Canada, Ontario or another province or territory of Canada, or (b) is an offence under an Act of a jurisdiction outside Canada, if a similar act or omission would be an offence under an Act of Canada or Ontario if it were committed in Ontario, whether the act or omission occurred before or after this Part came into force. (“activité illégale”)  2001, c. 28, s. 7 (1); 2005, c. 33, s. 23; 2007, c. 13, s. 28 (1); 2022, c. 10, s. 18 (1, 2). Instruments of unlawful activity (2) For the purpose of the definition of “instrument of unlawful activity” in subsection (1), proof that property was used to engage in unlawful activity that, in turn, resulted in the acquisition of other property, in injury to the public or in serious bodily harm to any person is proof, in the absence of evidence to the contrary, that the property is likely to be used to engage in unlawful activity that, in turn, would be likely to result in the acquisition of other property or in serious bodily harm to any person.  2001, c. 28, s. 7 (2); 2022, c. 10, s. 18 (3). Same (3) Where property that is the subject of a proceeding or intended proceeding under section 8 was modified or sold or otherwise disposed of before an order is made under subsection 8 (1), the determination of whether the modified property or the property that was realized from the sale or other disposition of the property is an “instrument of unlawful activity” shall be based on whether the property was likely to be used to engage in unlawful activity before it was modified or sold or otherwise disposed of.  2007, c. 13, s. 28 (2). Section Amendments with date in force (d/m/y) 2005, c. 33, s. 23
- 15/12/2005 2007, c. 13, s. 28 (1, 2) - 04/06/2007 2022, c. 10, s. 18 (1-3)
- 14/04/2022