jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 The purpose of this Act is to provide civil remedies that will assist in, (a) compensating persons who suffer pecuniary or non-pecuniary losses as a result of unlawful activities; (b) preventing persons who engage in unlawful activities and others from keeping property that was acquired as a result of unlawful activities; (c) preventing property, including vehicles as defined in Part III.1, from being used to engage in certain unlawful activities; and (d) preventing injury to the public that may result from conspiracies to engage in unlawful activities.  2001, c. 28, s. 1; 2007, c. 13, s. 26. Section Amendments with date in force (d/m/y) 2007, c. 13, s. 26
- 20/02/2008 Part I.1   Administrative Forfeiture
1.1 In this Part, “deadline date” means, in respect of an administrative forfeiture proceeding under this Part, the day that is 120 days after the later of, (a) the day on which every person who is entitled to receive written notice of the proceeding under clause 1.3 (1) (b) has either, (i) received the notice or been deemed to have received the notice, or (ii) been the subject of a final attempt to serve the person under clause 1.3 (4) (b), and (b) the day the notice required by subsection 1.3 (7) is published on a website of the Government of Ontario; (“date limite”) “Director” means the Director of Asset Management – Civil appointed under section 15.1; (“directeur”) “instrument of unlawful activity” has the same meaning as in section 7; (“instrument d’activité illégale”) “notice of dispute” means a notice of dispute described in section 1.5; (“avis de contestation”) “proceeds of unlawful activity” has the same meaning as in section 2; (“produit d’activité illégale”) “property” means real or personal property, and includes any interest in property; (“bien”) “public body” means, (a) an entity with which the Director has an agreement under subsection 19 (1.1), (b) an institution belonging to a class of institutions prescribed by the regulations made under this Act for the purposes of paragraph 1 of subsection 19 (4), or (c) a chief of police as defined in subsection 2 (1) of the Police Services Act; (“organisme public”) Note: On a day to be named by proclamation of the Lieutenant Governor, clause (c) of the definition of “public body” in section 1.1 of the Act is repealed and the following substituted: (See: 2020, c. 11, Sched. 3, s. 1 (2)) (c) a chief of police as defined in subsection 2 (1) of the Community Safety and Policing Act, 2019; (“organisme public”) “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”) 2020, c. 11, Sched. 3, s. 1 (1). Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 3, s. 1 (1) - 01/03/2021; 2020, c. 11, Sched. 3, s. 1 (2) - not in force
1.2 (1) Property may be the subject of an administrative forfeiture proceeding under this Part if, (a) it is personal property that is located in Ontario; (b) it is held by or on behalf of a public body; (c) no person has a prior registered interest in the property; and (d) the property is not the subject of a proceeding under Part II, III, III.1 or IV. 2020, c. 11, Sched. 3, s. 1 (1). Grounds to seek administrative forfeiture (2) The Attorney General may commence an administrative forfeiture proceeding against property if he or she has reason to believe that the property is proceeds of unlawful activity or an instrument of unlawful activity. 2020, c. 11, Sched. 3, s. 1 (1). Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 3, s. 1 (1) - 01/03/2021
1.4 (1) Subject to subsection (2) and to any orders made under this Act, a public body that receives a notice of administrative forfeiture from the Attorney General shall maintain the property that is subject to forfeiture and ensure that it is not released to any person, despite any other claim, interest or right of possession in the property, until, (a) the Attorney General notifies the public body that the Attorney General is withdrawing from seeking forfeiture of the property under this Act; (b) the Attorney General notifies the public body in accordance with subsection 1.8 (2) that the property has been forfeited; or (c) the public body receives notice of an order made pursuant to Part II, III, III.1 or IV that forfeits the property to the Crown in right of Ontario or otherwise deals with possession of the property. 2020, c. 11, Sched. 3, s. 1 (1). Exception, perishable or rapidly depreciating property (2) Despite subsection (1), a public body may take any action in relation to perishable or rapidly depreciating property that is subject to forfeiture if it has received prior authorization from the Attorney General. 2020, c. 11, Sched. 3, s. 1 (1). Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 3, s. 1 (1) - 01/03/2021
1.5 (1) A person who claims to have an interest in property may oppose the forfeiture of that property by submitting a notice of dispute to the Attorney General in accordance with this section. 2020, c. 11, Sched. 3, s. 1 (1). Notice of dispute requirements (2) The notice of dispute must include, (a) either, (i) the file number specified in the notice issued under section 1.3, or (ii) a description that identifies the property; (b) the name of the person claiming an interest in the property; (c) the particulars of the person’s interest in the property; (d) the basis upon which the person disputes forfeiture of the property; and (e) the address for service of the person opposing forfeiture of the property. 2020, c. 11, Sched. 3, s. 1 (1). Deadline (3) A notice of dispute must be received by the Attorney General on or before the deadline date. 2020, c. 11, Sched. 3, s. 1 (1). Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 3, s. 1 (1) - 01/03/2021
1.6 (1) Within 45 days after receiving a notice of dispute in respect of property, the Attorney General shall, (a) either commence proceedings against the property under Part II, III, III.1 or IV or withdraw from seeking forfeiture of the property under this Act; and (b) give notice of the commencement of the new proceedings, or the withdrawal from seeking forfeiture of the property under this Act, to, (i) every person and public body that received notice of the administrative forfeiture proceeding under clause 1.3 (1) (b), and (ii) each person who submitted a notice of dispute in respect of the property. 2020, c. 11, Sched. 3, s. 1 (1). Discharge of notice (2) After receiving a notice of dispute in respect of property, the Attorney General shall discharge the notice registered pursuant to clause 1.3 (1) (a) as soon as is practicable. 2020, c. 11, Sched. 3, s. 1 (1). Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 3, s. 1 (1) - 01/03/2021
1.7 (1) The Attorney General may, at any time and on his or her own initiative, (a) withdraw from seeking forfeiture of property under this Act; or (b) discontinue an administrative forfeiture proceeding and commence proceedings under Part II, III, III.1 or IV. 2020, c. 11, Sched. 3, s. 1 (1). Notice (2) If the Attorney General takes either of the actions described in subsection (1), (a) the notice registered pursuant to clause 1.3 (1) (a) shall be discharged by the Attorney General as soon as is practicable; and (b) the Attorney General shall give notice of the action to each person and public body that received notice of the administrative forfeiture proceeding under clause 1.3 (1) (b). 2020, c. 11, Sched. 3, s. 1 (1). Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 3, s. 1 (1) - 01/03/2021
1.8 (1) If the Attorney General does not receive a notice of dispute on or before the deadline date, the property specified in the notice of administrative forfeiture proceeding published under subsection 1.3 (7) is forfeited to the Crown in right of Ontario on the day after the deadline date. 2020, c. 11, Sched. 3, s. 1 (1). Notice to public body (2) The Attorney General shall prepare a notice of forfeiture that confirms the property has been forfeited to the Crown in right of Ontario and give a copy of the notice to the public body in possession of the property. 2020, c. 11, Sched. 3, s. 1 (1). Release of property (3) The public body shall release the property to the Director upon receipt of the notice of forfeiture. 2020, c. 11, Sched. 3, s. 1 (1). Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 3, s. 1 (1) - 01/03/2021
2 In this Part, “Director” means the Director of Asset Management – Civil appointed under section 15.1; (“directeur”) “proceeds of unlawful activity” means property acquired, directly or indirectly, in whole or in part, as a result of unlawful activity, whether the property was acquired before or after this Act came into force, but does not include proceeds of a contract for recounting crime within the meaning of the Prohibiting Profiting from Recounting Crimes Act, 2002; (“produit d’activité illégale”) “property” means real or personal property, and includes any interest in property; (“bien”) “uninvolved interest holder” means, with respect to property that is proceeds of unlawful activity, a person who did not, directly or indirectly, acquire the property as a result of unlawful activity committed by the person, and who, (a) was the rightful owner of the property before the unlawful activity occurred and was deprived of possession or control of the property by means of the unlawful activity, (b) acquired the property for fair value after the unlawful activity occurred and did not know and could not reasonably have known at the time of the acquisition that the property was proceeds of unlawful activity, or (c) acquired the property from a person mentioned in clause (a) or (b); (“détenteur innocent d’un intérêt”) “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. 2; 2002, c. 2, s. 19 (3); 2005, c. 33, s. 20; 2020, c. 11, Sched. 3, s. 2. Section Amendments with date in force (d/m/y) 2002, c. 2, s. 19 (3)
- 01/07/2003 2005, c. 33, s. 20
- 15/12/2005 2020, c. 11, Sched. 3, s. 2 (1, 2) - 08/07/2020
3 (1) In a proceeding commenced by the Attorney General, the Superior Court of Justice shall, subject to subsection (3) and except where it would clearly not be in the interests of justice, make an order forfeiting property that is in Ontario to the Crown in right of Ontario if the court finds that the property is proceeds of unlawful activity.  2001, c. 28, s. 3 (1). Action or application (2) The proceeding may be by action or application.  2001, c. 28, s. 3 (2). Uninvolved interest holder (3) If the court finds that property is proceeds of unlawful activity and a party to the proceeding proves that he, she or it is an uninvolved interest holder of the property, the court, except where it would clearly not be in the interests of justice, shall make such order as it considers necessary to protect the uninvolved interest holder’s interest in the property.  2001, c. 28, s. 3 (3); 2020, c. 11, Sched. 3, s. 3 (1). Same (4) Without limiting the generality of subsection (3), an order made under subsection (3) may, (a) sever or partition any interest in the property or require any interest in the property to be sold or otherwise disposed of, to protect the uninvolved interest holder’s interest in the property; or (b) provide that the Crown in right of Ontario takes the property subject to the interest of the uninvolved interest holder.  2001, c. 28, s. 3 (4); 2020, c. 11, Sched. 3, s. 3 (2, 3). Limitation period (5) A proceeding under this section shall not be commenced after the 15th anniversary of the date proceeds of unlawful activity were first acquired as a result of the unlawful activity that is alleged to have resulted in the acquisition of the property that is the subject of the proceeding.  2001, c. 28, s. 3 (5). Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 3, s. 3 (1-3) - 08/07/2020
3.1 (1) On motion of the Attorney General in a proceeding or intended proceeding under section 3, the Superior Court of Justice may make an order requiring a person to disclose to the Attorney General information or records in the custody or control of the person if the Court is satisfied that the information or records are reasonably required by the Attorney General in order to exercise the Attorney General’s powers or perform the Attorney General’s functions and duties under this Act. 2020, c. 11, Sched. 3, s. 4. Timing (2) The Attorney General may apply for an order under subsection (1) before, at the time of or after, (a) commencing proceedings under section 3; or (b) applying for an order under section 4. 2020, c. 11, Sched. 3, s. 4. Motion made without notice (3) An order under subsection (1) may be made on motion without notice for a period not exceeding 60 days. 2020, c. 11, Sched. 3, s. 4. Costs (4) The Attorney General must pay to a person who is subject to an order under subsection (1) the reasonable costs of producing, reproducing or delivering the information or records. 2020, c. 11, Sched. 3, s. 4. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 3, s. 4 - 08/07/2020
5 (1) Subject to the regulations made under this Act, a person who claims an interest in property that is subject to an interlocutory order made under section 4 may make a motion to the Superior Court of Justice for an order directing that reasonable legal expenses incurred by the person be paid out of the property.  2001, c. 28, s. 5 (1). Restrictions on order (2) The court may make an order under subsection (1) only if it finds that, (a) the moving party has, in the motion, (i) disclosed all interests in property held by the moving party, and (ii) disclosed all other interests in property that, in the opinion of the court, other persons associated with the moving party should reasonably be expected to contribute to the payment of the legal expenses; (b) the interests in property referred to in clause (a) that are not subject to the interlocutory order made under section 4 are not sufficient to cover the legal expenses sought in the motion.  2001, c. 28, s. 5 (2).
8 (1) In a proceeding commenced by the Attorney General, the Superior Court of Justice shall, subject to subsection (3) and except where it would clearly not be in the interests of justice, make an order forfeiting property that is in Ontario to the Crown in right of Ontario if the court finds that the property is an instrument of unlawful activity.  2001, c. 28, s. 8 (1). Action or application (2) The proceeding may be by action or application.  2001, c. 28, s. 8 (2). Responsible owners (3) If the court finds that property is an instrument of unlawful activity and a party to the proceeding proves that he, she or it is a responsible owner of the property, the court, except where it would clearly not be in the interests of justice, shall make such order as it considers necessary to protect the responsible owner’s interest in the property.  2001, c. 28, s. 8 (3). Property sold, disposed of (3.1) Where property that is the subject of a proceeding under this section is modified or sold or otherwise disposed of after the proceeding has been commenced but before an order is made under subsection (1), the proceeding shall be continued in respect of the modified property or property that is realized from the sale or other disposition and, if the original property would have been found to be an instrument of unlawful activity, the court shall make a finding that the modified or realized property is also an instrument of unlawful activity.  2007, c. 13, s. 29. Protecting responsible owner’s interest (4) Without limiting the generality of subsection (3), an order made under subsection (3) may, (a) sever or partition any interest in the property or require any interest in the property to be sold or otherwise disposed of, to protect the responsible owner’s interest in the property; or (b) provide that the Crown in right of Ontario takes the property subject to the interest of the responsible owner.  2001, c. 28, s. 8 (4). No limitation period (5) There is no limitation period for a proceeding under this section.  2001, c. 28, s. 8 (5). Section Amendments with date in force (d/m/y) 2007, c. 13, s. 29
- 04/06/2007
8.1 (1) On motion of the Attorney General in a proceeding or intended proceeding under section 8, the Superior Court of Justice may make an order requiring a person to disclose to the Attorney General information or records in the custody or control of the person if the Court is satisfied that the information or records are reasonably required by the Attorney General in order to exercise the Attorney General’s powers or perform the Attorney General’s functions and duties under this Act. 2020, c. 11, Sched. 3, s. 6. Timing (2) The Attorney General may apply for an order under subsection (1) before, at the time of or after, (a) commencing proceedings under section 8; or (b) applying for an order under section 9. 2020, c. 11, Sched. 3, s. 6. Motion made without notice (3) An order under subsection (1) may be made on motion without notice for a period not exceeding 60 days. 2020, c. 11, Sched. 3, s. 6. Costs (4) The Attorney General must pay to a person who is subject to an order under subsection (1) the reasonable costs of producing, reproducing or delivering the information or records. 2020, c. 11, Sched. 3, s. 6. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 3, s. 6 - 08/07/2020
10 (1) Subject to the regulations made under this Act, a person who claims an interest in property that is subject to an interlocutory order made under section 9 may make a motion to the Superior Court of Justice for an order directing that reasonable legal expenses incurred by the person be paid out of the property.  2001, c. 28, s. 10 (1). Restrictions on order (2) The court may make an order under subsection (1) only if it finds that, (a) the moving party has, in the motion, (i) disclosed all interests in property held by the moving party, and (ii) disclosed all other interests in property that, in the opinion of the court, other persons associated with the moving party should reasonably be expected to contribute to the payment of the legal expenses; (b) the interests in property referred to in clause (a) that are not subject to the interlocutory order made under section 9 are not sufficient to cover the legal expenses sought in the motion.  2001, c. 28, s. 10 (2).
11.2 (1) In a proceeding commenced by the Attorney General, the Superior Court of Justice shall, subject to subsection (4) and except where it would clearly not be in the interests of justice, make an order forfeiting a vehicle to the Crown in right of Ontario if the court finds that the vehicle,  (a) was or is likely to be used to engage in vehicular unlawful activity; and (b) is owned by or is in the care, control or possession of a person whose driver’s licence has been suspended under the Highway Traffic Act for vehicular unlawful activity two or more times in the preceding 10 years.  2007, c. 13, s. 32. Action or application (2) The proceeding may be by action or application.  2007, c. 13, s. 32. Vehicle sold, disposed of (3) Where a vehicle that is the subject of a proceeding under this section is sold or otherwise disposed of after the proceeding has been commenced but before an order is made under subsection (1), the proceeding shall be continued in respect of any other vehicle or vehicles owned or in the care, control or possession of a person who, before the sale or other disposition of the original vehicle, owned or had the care, control or possession of the original vehicle and, if the original vehicle would have been found to be subject to an order under subsection (1), the court shall make an order against the other vehicle or vehicles under subsection (1).  2007, c. 13, s. 32. Responsible vehicle owners (4) If the court would make an order against a vehicle under subsection (1) and a party to the proceeding proves that he, she or it is a responsible vehicle owner of the vehicle, the court, except where it would clearly not be in the interests of justice, shall make such order as it considers necessary to protect the responsible vehicle owner’s interest in the vehicle.  2007, c. 13, s. 32. Same (5) Without limiting the generality of subsection (4), an order made under subsection (4) may, (a) sever any interest in the vehicle or require any interest in the vehicle to be sold or otherwise disposed of, to protect a responsible vehicle owner’s interest in the vehicle; or (b) provide that the Crown in right of Ontario takes the vehicle subject to the interest of a responsible vehicle owner.  2007, c. 13, s. 32. No limitation period (6) There is no limitation period for a proceeding under this section.  2007, c. 13, s. 32. Section Amendments with date in force (d/m/y) 2007, c. 13, s. 32
- 20/02/2008
11.2.1 (1) On motion of the Attorney General in a proceeding or intended proceeding under section 11.2, the Superior Court of Justice may make an order requiring a person to disclose to the Attorney General information or records in the custody or control of the person if the Court is satisfied that the information or records are reasonably required by the Attorney General in order to exercise the Attorney General’s powers or perform the Attorney General’s functions and duties under this Act. 2020, c. 11, Sched. 3, s. 8. Timing (2) The Attorney General may apply for an order under subsection (1) before, at the time of or after, (a) commencing proceedings under section 11.2; or (b) applying for an order under section 11.3. 2020, c. 11, Sched. 3, s. 8. Motion made without notice (3) An order under subsection (1) may be made on motion without notice for a period not exceeding 60 days. 2020, c. 11, Sched. 3, s. 8. Costs (4) The Attorney General must pay to a person who is subject to an order under subsection (1) the reasonable costs of producing, reproducing or delivering the information or records. 2020, c. 11, Sched. 3, s. 8. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 3, s. 8 - 08/07/2020
12 In this Part, “injury to the public” has the same meaning as in Part III; (“préjudice causé au public”) “property” means real or personal property, and includes any interest in property; (“bien”) “public” includes any class of the public; (“public”) “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. 12; 2020, c. 11, Sched. 3, s. 10; 2022, c. 10, s. 18 (4). Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 3, s. 10 - 01/03/2021 2022, c. 10, s. 18 (4)
- 14/04/2022
13 (1) In a proceeding commenced by the Attorney General, the Superior Court of Justice may make any order that the court considers just if it finds that, (a) two or more persons conspired to engage in unlawful activity; (b) one or more of the parties to the conspiracy knew or ought to have known that the unlawful activity would be likely to result in injury to the public; and (c) injury to the public has resulted from or would be likely to result from the unlawful activity.  2001, c. 28, s. 13 (1). Action or application (2) The proceeding may be by action or application.  2001, c. 28, s. 13 (2). Notice to public (3) The Attorney General shall give notice to the public of a proceeding under this section in accordance with the regulations.  2001, c. 28, s. 13 (3). Orders (4) Without limiting the generality of subsection (1), an order made under subsection (1) may, (a) for the purpose of preventing or reducing the risk of injury to the public, require any person to do or refrain from doing anything specified in the order; or (b) require a party to the conspiracy referred to in clause (1) (a) to pay damages to the Crown in right of Ontario for any injury to the public resulting from the unlawful activity.  2001, c. 28, s. 13 (4). Damages (5) Despite subsections (1) and (4), no order shall be made requiring the payment of damages to the Crown in right of Ontario if, (a) another person gives the court written notice that the other person claims a right to those damages and has commenced or intends to commence a separate proceeding seeking payment, by a defendant to the proceeding under this section, of those damages; and (b) the court is satisfied that the claim referred to in clause (a) is not frivolous or vexatious.  2001, c. 28, s. 13 (5). Presumption of risk of injury to the public (6) For the purpose of clause (4) (a), proof that, during the period that began five years before the day the proceeding was commenced, a defendant engaged in or conspired to engage in unlawful activity on at least two occasions and, in each case, injury to the public resulted from the unlawful activity, is proof, in the absence of evidence to the contrary, that similar unlawful activity would create a risk of injury to the public.  2001, c. 28, s. 13 (6). Limitation period (7) A proceeding under this section shall not be commenced after the 15th anniversary of the date the cause of action arose.  2001, c. 28, s. 13 (7).
13.1 (1) On motion of the Attorney General in a proceeding or intended proceeding under section 13, the Superior Court of Justice may make an order requiring a person to disclose to the Attorney General information or records in the custody or control of the person if the Court is satisfied that the information or records are reasonably required by the Attorney General in order to exercise the Attorney General’s powers or perform the Attorney General’s functions and duties under this Act. 2020, c. 11, Sched. 3, s. 11. Timing (2) The Attorney General may apply for an order under subsection (1) before, at the time of or after, (a) commencing proceedings under section 13; or (b) applying for an order under section 14. 2020, c. 11, Sched. 3, s. 11. Motion made without notice (3) An order under subsection (1) may be made on motion without notice for a period not exceeding 60 days. 2020, c. 11, Sched. 3, s. 11. Costs (4) The Attorney General must pay to a person who is subject to an order under subsection (1) the reasonable costs of producing, reproducing or delivering the information or records. 2020, c. 11, Sched. 3, s. 11. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 3, s. 11 - 08/07/2020
14 (1) On motion by the Attorney General in a proceeding or intended proceeding under section 13, the Superior Court of Justice may, for the purpose of preventing or reducing the risk of injury to the public, make such interlocutory order as the court considers just.  2001, c. 28, s. 14 (1). Presumption of risk of injury to the public (2) Subsection 13 (6) applies, with necessary modifications, for the purpose of this section.  2001, c. 28, s. 14 (2). 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. 14 (3); 2007, c. 13, s. 33 (1). 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. 14 (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. 14 (5); 2007, c. 13, s. 33 (2). Section Amendments with date in force (d/m/y) 2007, c. 13, s. 33 (1, 2) - 04/06/2007
15.0.1 In this Part,  “property” includes a vehicle, as defined in section 11.1.  2007, c. 13, s. 34. Section Amendments with date in force (d/m/y) 2007, c. 13, s. 34
- 20/02/2008
15.1 (1) The Attorney General shall appoint a person to be the Director of Asset Management – Civil who shall be responsible for taking possession of and preserving, managing or disposing of or otherwise dealing with all property, (a) forfeited to the Crown in right of Ontario under this Act or under the Prohibiting Profiting from Recounting Crimes Act, 2002; or (b) that is the subject of an interlocutory order under subsection 4 (1), 9 (1), 11.3 (1) or 14 (1) of this Act or under subsection 5 (1) or 6 (2) of the Prohibiting Profiting from Recounting Crimes Act, 2002 under which the Director is assigned duties by the court.  2005, c. 33, s. 27; 2007, c. 13, s. 35. Same (2) The Director shall perform any additional duties assigned to him or her by the Attorney General.  2005, c. 33, s. 27. Section Amendments with date in force (d/m/y) 2005, c. 33, s. 27
- 15/12/2005 2007, c. 13, s. 35
- 20/02/2008
15.2 (1) The powers and duties of the Director of Asset Management – Civil may be exercised and performed by an employee of the Ministry appointed as Acting Director if,  (a) the Director is absent or unable to act; or (b) the individual who was appointed Director has ceased to be the Director and no new Director has been appointed.  2005, c. 33, s. 27. Same (2) An Acting Director shall be appointed by the Director or, if the Director is absent or unable to act, the Deputy Attorney General.  2005, c. 33, s. 27. Section Amendments with date in force (d/m/y) 2005, c. 33, s. 27
- 15/12/2005
15.3 (1) Subject to any limits contained in an order under subsection 4 (1), 9 (1), 11.3 (1) or 14 (1) of this Act or under subsection 5 (1) or 6 (2) of the Prohibiting Profiting from Recounting Crimes Act, 2002, the Director of Asset Management – Civil may preserve, manage, modify, store,
sell or otherwise dispose of or deal with any property described in subsection 15.1 (1) that is not money in any manner that he or she considers proper.  2007, c. 13, s. 36 (1). Same (2) Without limiting the generality of subsection (1), the Director may, (a) tow, take possession of and preserve, store or manage the property for the length of time and on the terms that he or she considers proper; (a.1) modify a vehicle to which Part III.1 applies by installing an approved ignition interlock device, as defined in that Part; (b) convert the property to money at a price and on the terms that he or she considers proper; (c) sell, assign, dispose of, use, give or transfer the property, or any interest in the property, at the price and on the terms that he or she considers proper; (d) do anything he or she considers advisable for the on-going management or operation of property described in subsection (1) before its final disposition, including, (i) 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, or (ii) making improvements to the property to maintain its economic value; or (e) sell or otherwise dispose of perishable or rapidly depreciating property.  2005, c. 33, s. 27; 2007, c. 13, s. 36 (2). Section Amendments with date in force (d/m/y) 2005, c. 33, s. 27
- 15/12/2005 2007, c. 13, s. 36 (1, 2) - 20/02/2008
15.4 (1) Property that is forfeited to the Crown in right of Ontario under an order made under this Act shall be dealt with and disposed of by the Director of Asset Management – Civil as provided under this Part.  2005, c. 33, s. 27. Escheats Act, 2015 does not apply (2) The Escheats Act, 2015
does not apply to property that is forfeited to the Crown in right of Ontario under an order made under this Act. 2015, c. 38, Sched. 4, s. 26. Fines and Forfeitures Act does not apply (3) The Fines and Forfeitures Act does not apply to property that is forfeited to the Crown in right of Ontario under an order made under this Act.  2005, c. 33, s. 27. Mining lands (4) Despite subsection 15.1 (1) and subsection (1) of this section, where mining lands as defined in the Mining Act have become forfeited to the Crown in right of Ontario under an order made under this Act, such mining lands shall be dealt with and disposed of as Crown lands in the manner provided in the Mining Act.  2005, c. 33, s. 27. Section Amendments with date in force (d/m/y) 2005, c. 33, s. 27
- 15/12/2005 2015, c. 38, Sched. 4, s. 26 - 10/12/2016 PART V   GENERAL
15.6 (1) All proceedings, including proceedings for an interlocutory order, under Parts II, III and III.1, whether by action or application, are in rem and not in personam.  2007, c. 13, s. 37. Parties (2) Subsection (1) applies even though the proceedings have parties.  2007, c. 13, s. 37. Same (3) The rules of court apply with necessary modifications to the court’s jurisdiction to make an order in respect of any party or other person in any proceeding as if the proceeding were in personam and such person were a named defendant or respondent in the proceeding.  2007, c. 13, s. 37. Application (4) This section applies to all proceedings under Parts II, III and III.1, including proceedings for an interlocutory order, even if the proceedings were commenced before the coming into force of this section.  2007, c. 13, s. 37. Section Amendments with date in force (d/m/y) 2007, c. 13, s. 37
- 04/06/2007
16 Except as otherwise provided in this Act, findings of fact in proceedings under this Act shall be made on the balance of probabilities.  2001, c. 28, s. 16.
17 (1) In proceedings under this Act, proof that a person was convicted, found guilty or found not criminally responsible on account of mental disorder in respect of an offence is proof that the person committed the offence.  2001, c. 28, s. 17 (1). Same (2) In proceedings under this Act, an offence may be found to have been committed even if, (a) no person has been charged with the offence; or (b) a person was charged with the offence but the charge was withdrawn or stayed or the person was acquitted of the charge.  2001, c. 28, s. 17 (2).
18 For the purposes of a proceeding under this Act, a person cannot claim to have an interest in property, including a vehicle as defined in section 11.1, if, under the law of Canada or Ontario, it is unlawful for the person to possess the property.  2001, c. 28, s. 18; 2007, c. 13, s. 38. Section Amendments with date in force (d/m/y) 2007, c. 13, s. 38
- 20/02/2008
18.1 (1) Despite anything to the contrary in this Act, the court may approve a settlement in relation to a proceeding under this Act, on the motion or application of the Attorney General or of any other party to the proceeding with the Attorney General’s consent. 2018, c. 17, Sched. 6, s. 1. Forfeiture (2) For greater certainty, the power to approve a settlement under subsection (1) includes a power to approve a settlement that provides for the full or partial forfeiture of the property that is the subject of the proceeding. 2018, c. 17, Sched. 6, s. 1. Payments in lieu (3) For greater certainty, the power to approve a settlement under subsection (1) includes a power to approve a settlement that provides for payment of a monetary amount instead of the full or partial forfeiture of the property that is the subject of the proceeding. 2020, c. 11, Sched. 3, s. 14. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 6, s. 1 - 06/12/2018 2020, c. 11, Sched. 3, s. 14 - 08/07/2020
19.1 (1) A proceeding may be commenced under Part I.1, II, III or III.1 pursuant to an agreement entered into under subsection 19 (1.1).  2007, c. 13, s. 40; 2020, c. 11, Sched. 3, s. 17. Forfeited property (2) Property that is forfeited to the Crown pursuant to a proceeding referred to in subsection (1) may, subject to the regulations made under this Act, be delivered to the other jurisdiction in specie in whole or in part, retained in Ontario or, if the property is not money, converted into money and distributed out of the special purpose account referred to in section 6, 11 or 11.4, as the case may be.  2007, c. 13, s. 40. Section Amendments with date in force (d/m/y) 2007, c. 13, s. 40
- 04/06/2007 2020, c. 11, Sched. 3, s. 17 - 01/03/2021
20 (1) No action or other proceeding may be commenced against the Attorney General, the Crown in right of Ontario or any person acting on behalf of, assisting or providing information to the Attorney General or the Crown in right of Ontario in respect of the commencement or conduct in good faith of a proceeding under this Act or in respect of the enforcement in good faith of an order made under this Act.  2001, c. 28, s. 20 (1). Determinations of reviewing authority (2) No action or other proceeding may be commenced against the reviewing authority referred to in subsection 19 (5), the Attorney General, the Crown in right of Ontario or any person acting on behalf of, assisting or providing information to the Attorney General or the Crown in right of Ontario in respect of any determination made in good faith under subsection 19 (5) by the reviewing authority.  2001, c. 28, s. 20 (2). Director of Asset Management – Civil (3) No action or other proceeding shall be instituted against the Attorney General, the Director of Asset Management – Civil, any employee of the Ministry of the Attorney General or any person acting on behalf of the Director for any act done in good faith in the performance or intended performance of any duty under Part IV.1 or in the exercise or in the intended exercise of any power under that Part, or for any neglect or default in the performance or exercise in good faith of any such duty or power.  2005, c. 33, s. 29. Same (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 person mentioned in subsection (3) to which it would otherwise be subject.  2005, c. 33, s. 29; 2019, c. 7, Sched. 17, s. 49. Section Amendments with date in force (d/m/y) 2005, c. 33, s. 29
- 15/12/2005 2019, c. 7, Sched. 17, s. 49 - 10/07/2019
20.1 (1) On or before July 1 in each year, the Director of Asset Management – Civil shall prepare a report on the activities conducted under this Act in the previous fiscal year. 2020, c. 11, Sched. 3, s. 18. Contents of report (2) The report must contain, (a) general information respecting the activities conducted under this Act in the previous fiscal year; (b) statistics respecting proceedings under this Act in the previous fiscal year, including, (i) the number of proceedings commenced under each of Parts I.1, II, III, III.1 and IV, (ii) the number of proceedings under Part I.1 in which a notice of dispute was filed, (iii) the number of ongoing proceedings under each of Parts II, III, III.1 and IV, (iv) the number of forfeitures that occurred under each of Parts I.1, II, III, III.1 and IV, (v) the total value of all forfeitures under each of Parts I.1, II, III, III.1 and IV, (vi) the total amount paid out to compensate the Crown in right of Ontario for its incurred costs, (vii) the total amount paid out to compensate victims of unlawful activities, (viii) the total amount paid in grants under this Act to assist victims of unlawful activities and to prevent unlawful activities that result in victimization, and (ix) the total number of actions commenced under section 1.10 of the Act and the total amount paid out under that section; and (c) any other information that the Attorney General believes should be made available to the public. 2020, c. 11, Sched. 3, s. 18. Provision of report and publication (3) The Director of Asset Management – Civil shall provide the report to the Attorney General on or before July 1 of each year and make it available to the public on a website of the Government of Ontario. 2020, c. 11, Sched. 3, s. 18. Definition of fiscal year (4) In this section, “fiscal year” means the period commencing on April 1 in each year and ending on March 31 of the following year. 2020, c. 11, Sched. 3, s. 18. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 3, s. 18 - 01/04/2021
21 (1) The Lieutenant Governor in Council may make regulations, (a) providing that orders under section 5 or 10 may apply only to legal expenses incurred for a purpose prescribed by the regulations and are subject to monetary limits prescribed by the regulations; (b) governing payments out of accounts referred to in section 1.9, 6, 11, 11.4 or 15, including governing the circumstances in which payments may be made, governing the amounts of payments, governing procedures for determining what payments are made, prescribing classes of public institutions for the purpose of paragraph 4 of subsection 1.9 (4), paragraph 4 of subsection 6 (3), paragraph 4 of subsection 11 (3), paragraph 4 of subsection 11.4 (4) and paragraph 3 of subsection 15 (3); (b.0.1) prescribing classes of public institutions for the purpose of clause (c) of the definition of “injury to the public” in subsection 7 (1); (b.1) prescribing offences under the Criminal Code (Canada) and the Highway Traffic Act, and prescribing circumstances and conditions, for the purpose of the definition of vehicular unlawful activity in section 11.1; (c) governing the giving of notice to the public of a proceeding under section 13; (c.1) governing agreements authorized by subsection 19 (1.1); (d) prescribing a person or body as the reviewing authority for the purpose of subsections 19 (4) and (5), prescribing institutions, classes of persons and circumstances for the purpose of subsection 19 (4) and prescribing criteria for the purpose of subsection 19 (5); (d.1) governing the delivery or distribution of property under subsection 19.1 (2); (e) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out effectively the purpose of this Act.  2001, c. 28, s. 21 (1); 2007, c. 13, s. 41; 2020, c. 11, Sched. 3, s. 19; 2022, c. 10, s. 18 (5). Same (1.1) A regulation made under clause (1) (d) shall not prescribe health information custodians, as defined in subsection 19 (10), as a class of persons for the purpose of subsection 19 (4).  2005, c. 33, s. 30. General or particular (2) A regulation made under subsection (1) may be general or particular in its application.  2001, c. 28, s. 21 (2). Section Amendments with date in force (d/m/y) 2005, c. 33, s. 30
- 15/12/2005 2007, c. 13, s. 41 (1-3)
- 04/06/2007 2019, c. 7, Sched. 11, s. 5 - no effect - see 2020, c. 11, Sched. 3, s. 19 - 01/03/2021 2020, c. 11, Sched. 3, s. 19 - 01/03/2021 2022, c. 10, s. 18 (5)
- 14/04/2022 22-24 Omitted (amends or repeals other Acts).  2001, c. 28, ss. 22-24. 25 Omitted (provides for coming into force of provisions of this Act).  2001, c. 28, s. 25. 26 Omitted (enacts short title of this Act).  2001, c. 28, s. 26. ______________  Français