9 (1) On motion by the Attorney General in a proceeding or intended proceeding under section 8, the Superior Court of Justice may make any or all of the following interlocutory orders for the preservation, management or disposition of any property that is the subject of the proceeding: 1. An order restraining the disposition or encumbrance of the property or its use as collateral under the Personal Property Security Act or otherwise. 2. An order for the possession, delivery or safekeeping of the property. 3. An order appointing a receiver or receiver and manager for the property. 4. An order for the sale or other disposition of the property if it is perishable or of a rapidly depreciating nature. 4.1 An order that any proceeds of sale or other disposition of the property be paid into court pending the conclusion of a proceeding under section 8. 5. An order to sever or partition any interest in the property or to require any interest in the property to be sold or otherwise disposed of, and for all or part of the proceeds of the severance, partition, sale or other disposition to be paid to the Crown in right of Ontario as compensation for its costs incurred in preserving, managing or disposing of the property and in enforcing or complying with any other order made under this subsection in respect of the property. 6. An order giving the Crown in right of Ontario a lien for an amount fixed by the court on the property or on other property specified in the order to secure performance of an obligation imposed by another order made under this subsection. 7. An order that notice of the proceeding or of any order made under this subsection be registered in a land registry office against the property or any other property specified in the order. 8. Any other order for the preservation, management or disposition of the property that the court considers just.  2005, c. 33, s. 24 (1); 2007, c. 13, s. 30 (1, 2). Same (2) Except where it would clearly not be in the interests of justice, the court shall make an order under subsection (1) if the court is satisfied that there are reasonable grounds to believe that the property is an instrument of unlawful activity.  2005, c. 33, s. 24 (1). Property sold, disposed of (2.1) Where property that is the subject of a proceeding or intended proceeding under section 8 is modified or sold or otherwise disposed of, a motion under this section may be continued or brought in respect of the modified property or property that is realized from the sale or other disposition and, if the court would have made an order under subsection (1) in respect of the original property, the court shall make an order under subsection (1) in respect of the modified or realized property.  2007, c. 13, s. 30 (3). Motion made without notice (3) An order under subsection (1) may be made on motion without notice for a period not exceeding 30 days.  2001, c. 28, s. 9 (3); 2007, c. 13, s. 30 (4). Extension (4) If an order under subsection (1) is made on a motion without notice, a motion to extend the order may be made only on notice to every party affected by the order, unless the court is satisfied that because a party has been evading service or because there are other exceptional circumstances, the order ought to be extended without notice to the party.  2001, c. 28, s. 9 (4). Same (5) An extension may be granted on a motion without notice for a further period not exceeding 30 days.  2001, c. 28, s. 9 (5); 2007, c. 13, s. 30 (5). Liens on personal property (6) If an order under paragraph 6 of subsection (1) gives the Crown a lien on personal property, (a) the Personal Property Security Act applies with necessary modifications to the lien, despite clause 4 (1) (a) of that Act; (b) the lien shall be deemed to be a security interest that has attached for the purposes of the Personal Property Security Act; and (c) the Attorney General may perfect the security interest referred to in clause (b) for the purposes of the Personal Property Security Act by the registration of a financing statement under that Act.  2001, c. 28, s. 9 (6); 2005, c. 33, s. 24 (2). Assignment of duties to Director (7) When the Attorney General requests it, the court making an order under subsection (1) shall assign any duties in respect of the property to the Director.  2005, c. 33, s. 24 (3). On-going management of property (8) If an order is made under subsection (1) assigning any duties in respect of the property to a person other than the Director, the person may do anything the court authorizes, either in that order or in order made under subsection (9), for the on-going management or operation of the property before its final disposition, including, (a) complying with the terms of any order to which the property is subject, including an order to comply with environmental, industrial, labour or property standards or to pay taxes, utility charges or other charges; (b) making improvements to the property to maintain its economic value; or (c) pledging, hypothecating, mortgaging or otherwise using the property as security.  2005, c. 33, s. 24 (3). Same (9) On motion, on notice to all of the parties to the proceeding, by a person described in subsection (8), the court may make an order authorizing the person to take any action that the court considers just for the on-going management or operation of the property before its final disposition.  2005, c. 33, s. 24 (3). Section Amendments with date in force (d/m/y) 2005, c. 33, s. 24 (1-3)
- 15/12/2005 2007, c. 13, s. 30 (1-5)
- 04/06/2007 CTS 20 SE 10 - 1