11 (1) If property forfeited to the Crown in right of Ontario under this Part is money or is converted to money, the money shall be deposited in a separate, interest bearing account in the Consolidated Revenue Fund.  2001, c. 28, s. 11 (1). Same (2) For the purpose of the Financial Administration Act, money deposited under subsection (1) shall be deemed to be money paid to Ontario for a special purpose.  2001, c. 28, s. 11 (2). Payments out of account for Crown’s costs (2.1) If money is deposited in an account under subsection (1), the Minister of Finance shall make payments out of the account, at the request of the Director and in the amounts determined by the Director under subsection (3.4), to compensate the Crown in right of Ontario for its costs incurred, (a) in conducting the proceeding under this Part or Part I.1; (b) in determining whether the proceeding under this Part or Part I.1 should be commenced; (c) in preserving, managing or disposing of the property under this Part or Part I.1; and (d) in enforcing or complying with orders made under this Part in respect of the property.  2005, c. 33, s. 25 (1); 2020, c. 11, Sched. 3, s. 7 (1). Other payments out of account (3) Subject to the regulations made under this Act and after making the payments, if any, out of the account under subsection (2.1), the Minister of Finance may make payments out of the account described in subsection (1) for the following purposes: 1. To compensate persons, or the estates of deceased persons, who suffered pecuniary or non-pecuniary losses, including losses recoverable under Part V of the Family Law Act, as a result of unlawful activity that the property was used to engage in. 2. To assist victims of unlawful activities, or the estates of deceased victims of unlawful activities, or to prevent unlawful activities that result in victimization. 3. To compensate the Crown in right of Ontario for costs incurred in respect of any proceeding under this Part or Part I.1 that relates to the property, other than the costs described in subsection (2.1), and for pecuniary losses suffered as a result of unlawful activity that the property was used to engage in, including costs incurred in remedying the effects of the unlawful activity. 4. To compensate a municipal corporation, or a public institution that belongs to a class prescribed by the regulations made under this Act, for pecuniary losses that were suffered as a result of unlawful activity that the property was used to engage in and that are costs incurred in remedying the effects of the unlawful activity. 5. If, according to the criteria prescribed by the regulations made under this Act, the amount of money in the account is more than is required for the purposes referred to in paragraphs 1 to 4, such other purposes as are prescribed by the regulations.  2005, c. 33, s. 25 (2); 2020, c. 11, Sched. 3, s. 7 (2-4). Director’s election to give priority to persons who suffered loss (3.1) The Director may elect not to request payment out of the account under subsection (2.1) if, in his or her opinion, all or substantially all of the money in the account is needed to compensate the persons who are entitled to compensation under paragraph 1 of subsection (3).  2005, c. 33, s. 25 (2). Payment for Crown’s costs after payment to persons who suffered loss (3.2) If the Director elects not to request payment under subsection (2.1), the Minister of Finance shall, at the request of the Director and in the amounts determined by the Director under subsection (3.4), make payments to compensate the Crown in right of Ontario for its costs incurred as described in subsection (2.1) out of the account, after the payments are made to compensate the persons who are entitled to compensation under paragraph 1 of subsection (3).  2005, c. 33, s. 25 (2). Payment for Crown’s costs out of other accounts (3.3) If the amount of money in the account is insufficient to satisfy the Crown’s costs pursuant to a request made by the Director under subsection (2.1) or (3.2), the Minister of Finance shall make payments to compensate the Crown in right of Ontario for its unsatisfied costs out of another account into which money is deposited under subsection (1) as a result of another proceeding, after payments have been made out of that account to compensate the persons who are entitled to compensation out of that account under paragraph 1 of subsection (3) and to compensate the Crown for its costs incurred in respect of that account.  2005, c. 33, s. 25 (2). Determination of Crown’s costs (3.4) The amount of the Crown’s costs under subsection (2.1) or (3.2) shall be determined by the Director on any basis, or combination of them, that he or she considers appropriate in the circumstances, including, (a) a flat rate for every forfeiture; (b) a flat rate for every step taken; (c) an hourly rate; (d) the actual costs; or (e) a percentage of the value of the property forfeited.  2005, c. 33, s. 25 (2). Related instruments of unlawful activity (4) If money is required to be deposited under subsection (1) in respect of two or more instruments of unlawful activity and the Minister of Finance is of the opinion that the instruments of unlawful activity are related, the money may be deposited into a single account and, for the purpose of payments out of the account, a reference in subsection (2.1), (3) or (3.4) to “the property” shall be deemed to be a reference to any of the instruments of unlawful activity.  2001, c. 28, s. 11 (4); 2005, c. 33, s. 25 (3); 2007, c. 13, s. 31. Section Amendments with date in force (d/m/y) 2005, c. 33, s. 25 (1-3)
- 15/12/2005 2007, c. 13, s. 31
- 04/06/2007 2020, c. 11, Sched. 3, s. 7 (2) - 08/07/2020; 2020, c. 11, Sched. 3, s. 7 (1, 3, 4) - 01/03/2021 Part III.1   Unlawful Activities related to road safety