100 (1) When the Minister has knowledge or suspects that a person (a “third party”) is or will be, within 365 days, liable to make any payment to a corporation (a “garnishee”) liable to make a payment under this Act, the Minister may, by registered letter or by letter served personally, require the third party to pay forthwith, where the money is immediately payable and, in any other case, as and when the money becomes payable, to the Minister any money that is otherwise payable by the third party to the garnishee in whole or in part on account of the garnishee’s liability under this Act.  2001, c. 23, s. 61 (1); 2004, c. 16, s. 2 (2). Same (2) If the Minister has knowledge or suspects that within 365 days, (a) a bank, credit union, trust corporation or other similar person (in this section referred to as the “institution”) will loan or advance money to, or make a payment on behalf of, or make a payment in respect of a negotiable instrument issued by a corporation which is indebted to the institution and which has granted security in respect of the indebtedness; or (b) a person other than an institution will loan or advance money to, or make a payment on behalf of, a corporation which the Minister knows or suspects, (i) is engaged in providing services or property to that person, or was or will be within 365 days, or (ii) where that person is a corporation which is not dealing at arm’s length with the first mentioned corporation, the Minister may, by registered letter or by a letter served personally, require the institution or the person, as the case may be, to pay in whole or in part to the Minister, on account of the corporation’s liability under this Act, the money that would otherwise be loaned, advanced or paid, and any money paid to the Minister shall be deemed to have been loaned, advanced or paid, as the case may be, to the corporation.  R.S.O. 1990, c. C.40, s. 100 (2); 1994, c. 14, s. 45 (1, 2); 1997, c. 43, Sched. A, s. 50; 2004, c. 16, s. 2 (2); 2011, c. 9, Sched. 8, s. 5. Idem (3) Where, under this section, the Minister has required a person to pay to the Minister money otherwise payable by the person to the corporation as interest, rent, remuneration, a dividend, an annuity payment, or other periodic payment, (a) the requirement shall apply to all such periodic payments to be made by the person to the corporation after the date of receipt of the Minister’s letter, until the corporation’s liability under this Act has been satisfied; and (b) the payments required to be made to the Minister shall be made from each such periodic payment in the amount or amounts designated in the Minister’s letter.  R.S.O. 1990, c. C.40, s. 100 (3); 1994, c. 14, s. 45 (1); 2004, c. 16, s. 2 (2). Idem (4) The receipt of the Minister for money paid as required under this section is a good and sufficient discharge of the original liability to the extent of the payment.  R.S.O. 1990, c. C.40, s. 100 (4); 1994, c. 14, s. 45 (1); 2004, c. 16, s. 2 (2). Idem (5) Every person who fails to comply with a requirement under subsection (1) or (3) is liable to pay to Her Majesty in right of Ontario an amount equal to the amount that the person was required under subsection (1) or (3), as applicable, to pay to the Minister.  R.S.O. 1990, c. C.40, s. 100 (5); 1994, c. 14, s. 45 (1); 2004, c. 16, s. 2 (2). Idem (6) Every institution or person who fails to comply with a requirement under subsection (2) with respect to money to be loaned, advanced or paid is liable to pay to Her Majesty in right of Ontario an amount equal to the lesser of, (a) the aggregate of money so loaned, advanced or paid; and (b) the amount that the institution or person was required by subsection (2) to pay to the Minister.  R.S.O. 1990, c. C.40, s. 100 (6), 1994, c. 14, s. 45 (1); 2004, c. 16, s. 2 (2). Service of garnishee (7) If a person (a “third party”) who is, or within 365 days will become, indebted or liable to make a payment to a corporation liable to make a payment under this Act carries on business under a name or style other than the third party’s own name, the letter under this section from the Minister to the third party may be addressed using the name or style under which the third party carries on business and, in the case of personal service, the letter shall be deemed to have been validly served if it is left with an adult employed at the place of business of the addressee.  2001, c. 23, s. 61 (2); 2004, c. 16, s. 2 (2). Same (8) If persons (“partners”) who are, or within 365 days will become, indebted or liable to make a payment to a corporation liable to make a payment under this Act carry on business in partnership, the letter under this section from the Minister to the partners may be addressed to the partnership name and, in the case of personal service, the letter shall be deemed to have been validly served if it is served on a partner or left with an adult employed at the place of business of the partnership.  2001, c. 23, s. 61 (2); 2004, c. 16, s. 2 (2). Section Amendments with date in force (d/m/y) 1994, c. 14, s. 45 (1, 2) - 23/06/1994; 1997, c. 43, Sched. A, s. 50 - 18/12/1997 2001, c. 23, s. 61 (1, 2) - 05/12/2001 2004, c. 16, s. 2 (2)
- 01/01/2004 2011, c. 9, Sched. 8, s. 5 (1, 2) - 12/05/2011