jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 (1) In this Act, “Crown” means the Crown in right of Ontario; (“Couronne”) “Crown agency” means, (a)  a corporation that is expressly stated by or under an Act to be an agent of the Crown, (b)  a prescribed corporation, and (c)  a wholly-owned subsidiary of a corporation referred to in clause (a) or (b); (“organisme de la Couronne”) “Crown corporation” means, (a)  a corporation having 50 per cent or more of its issued and outstanding shares vested in the Crown or having the appointment of a majority of its board of directors made or approved by the Lieutenant Governor in Council or by one or more members of the Executive Council, and (b)  a wholly-owned subsidiary of a corporation referred to in clause (a); (“société de la Couronne”) “order” includes a judgment, decree, rule, award and declaration; (“ordonnance”) “prescribed” means prescribed by the regulations; (“prescrit”) “proceeding” means an action or application for damages and any other civil proceeding in respect of damages to which the rules of court apply; (“instance”) “regulations” means the regulations made under this Act; (“règlements”) “transfer payment recipient” means a person or other entity that directly or indirectly receives a grant, transfer payment or other funding or financial assistance from the Crown to support, in whole or in part, the delivery of services to members of the public, including, (a)  a municipality, (b)  a hospital within the meaning of the Public Hospitals Act, (c)  a private hospital within the meaning of the Private Hospitals Act, (d)  a board within the meaning of the Education Act, (e)  a university, college of applied arts and technology or other post-secondary institution, (f)  a children’s aid society within the meaning of the Child, Youth and Family Services Act, 2017, (g)  a long-term care home within the meaning of the Fixing Long-Term Care Act, 2021, or (h)  any other prescribed person or entity that directly or indirectly receives any such amounts. (“bénéficiaire d’un paiement de transfert”) 2019, c. 7, Sched. 17, s. 1 (1); 2021, c. 39, Sched. 2, s. 6. Officer of the Crown (2) A reference in this Act to an officer of the Crown includes reference to a minister of the Crown. 2019, c. 7, Sched. 17, s. 1 (2). Act or omission (3) A reference in this Act to an act or omission includes reference to neglect and default. 2019, c. 7, Sched. 17, s. 1 (3). Former officers, etc. of the Crown (4) A reference in this Act to an officer, employee or agent of the Crown includes reference to a former officer, employee or agent of the Crown, in relation to the exercise of powers and the performance of duties and functions in his or her capacity as an officer, employee or agent of the Crown. 2019, c. 7, Sched. 17, s. 1 (4). Section Amendments with date in force (d/m/y) 2019, c. 7, Sched. 17, s. 32 - no effect - see 2023, c. 4, Sched. 1, s. 78 (1) - 18/05/2023 2021, c. 39, Sched. 2, s. 6 - 11/04/2022
2 (1) This Act binds the Crown. Application of other Acts to the Crown unaffected (2) Nothing in this Act shall be read as affecting the extent to which the Crown is bound by any other Act. Same, statutory rights of action (3) A right conferred on a person by an Act cannot be enforced against the Crown in a proceeding under this Act if the Act that confers the right does not bind the Crown.
3 Nothing in this Act shall be read as affecting any applicable rules of evidence, except where this Act provides otherwise.
4 Nothing in this Act shall be read as abrogating or limiting any right, immunity, privilege or power of the Assembly or of a committee or member of the Assembly.
5 Nothing in this Act authorizes a proceeding in rem in respect of any claim against the Crown, or the seizure, attachment, arrest, detention or sale of any property of the Crown.
6 This Act does not affect and is subject to, (a)  the Expropriations Act; (b)  the Public Transportation and Highway Improvement Act; (c)  the Land Titles Act and the Registry Act, in relation to claims against The Land Titles Assurance Fund; (d)  the Motor Vehicle Accident Claims Act; (e)  Parts V.1 and VI of the Electricity Act, 1998; (f)  the Workplace Safety and Insurance Act, 1997; and (g)  every statute that imposes a tax payable to the Crown or the Minister of Finance.
7 (1) In the event of a conflict between this Act and any other Act, this Act prevails to the extent of the conflict. Exception, other immunity provisions (2) Despite subsection (1), in the case of a conflict between a provision of this Act and a provision in any other Act respecting limits on the liability of the Crown or an officer, employee or agent of the Crown, the provision that provides the greater protection against such liability prevails, unless the other Act expressly provides otherwise. Crown Liability
8 (1) Except as otherwise provided under this Act or any other Act, the Crown is subject to all the liabilities in tort to which it would be liable if it were a person, (a)  in respect of a tort committed by an officer, employee or agent of the Crown; (b)  in respect of a breach of duty attaching to the ownership, occupation, possession or control of property; (c)  in respect of a breach of an employment-related obligation owed to an officer or employee of the Crown; and (d)  under any Act, or under any regulation or by-law made or passed under any Act. Same (2) For greater certainty, nothing in clause (1) (a) subjects the Crown to liability for a tort that is not attributable to the acts or omissions of an officer, employee or agent of the Crown. Limitation of government actors’ liability applies to the Crown (3) The negation or limitation under an Act of the liability of an officer, employee or agent of the Crown in respect of a tort committed by him or her applies to the same extent and in the same manner with respect to the Crown, and no proceeding may be brought against the Crown in respect of an act or omission of an officer, employee or agent of the Crown if a proceeding in tort in respect of such an act or omission may not be brought against that officer, employee or agent or against his or her personal representative. Indemnity and contribution (4) The law relating to indemnity and contribution is enforceable by and against the Crown in respect of any liability to which it is subject, as if the Crown were a person.
9 (1) The Crown is not liable for torts committed by, (a)  Crown agencies; (b)  Crown corporations; (c)  transfer payment recipients; or (d)  independent contractors providing services to the Crown for any purpose. Same (2) Nothing in this Act subjects the Crown to a proceeding in respect of, (a)  anything done in good faith in the enforcement of the criminal law or of the penal provisions of an Act; or (b)  anything done or omitted to be done by a person while discharging or purporting to discharge responsibilities of a judicial nature vested in the person or responsibilities that the person has in connection with the execution of judicial process.
10 (1) The Crown is not, by reason only of the vesting of property in the Crown independent of the Crown’s acts or intentions, subject to liability in tort under clause 8 (1) (b) in relation to the property. Same (2) Property that vests in the Crown as a result of the dissolution of a corporation by the Crown is property that vests in the Crown independent of the Crown’s acts or intentions within the meaning of subsection (1). No liability in tort (3) Where property vests in the Crown in the manner described in subsection (1), the Crown is not liable in tort by reason of any act or omission of the Crown or anyone acting on its behalf or with its approval related to any of the following purposes or a purpose that is similar to any of the following purposes: 1.  Investigating, securing, maintaining or managing the property. 2.  Restoring the property to productive use, responding to complaints or preserving public health and safety. 3.  Exercising any authority in respect of the property under the Escheats Act, 2015 or the Forfeited Corporate Property Act, 2015. Limitation (4) Subsections (1) and (3) do not affect the liability of the Crown under this Act in respect of any period after which the Crown or an officer, employee or agent of the Crown, (a)  in the case of personal property, begins to use the property for Crown purposes; or (b)  in the case of land, has registered a notice against the title to the property that it intends to use the property for Crown purposes. Notice (5) Registration of the Crown on title under subsection 12 (1) of the Forfeited Corporate Property Act, 2015
or any registration on title to land by the Public Guardian and Trustee is not notice for the purposes of clause (4) (b). Extinguishment of causes of action respecting certain governmental functions
12 Except as otherwise provided under this Act, the Crown may, in a proceeding to which it is a party, make any claim or rely on any right or defence that a person may make or rely on in a proceeding, and the court may make any order in such a proceeding as it may make in a proceeding between persons.
13 (1) Except as otherwise provided under this Act, the rules of court apply with respect to a proceeding to which the Crown is a party. Public interest immunity (2) Nothing in this Act affects the application, in a proceeding to which the Crown is a party, of the rule of law which authorizes or requires the withholding of any document, or the refusal to answer any question, on the ground that the disclosure of the document or the answering of the question would be injurious to the public interest.
14 In a proceeding to which the Crown is a party, the Crown shall be designated “Her Majesty the Queen in right of Ontario” or “Sa Majesté du chef de l’Ontario”.
15 A document to be served personally on the Crown in a proceeding to which it is a party shall be served by leaving a copy of the document with an employee of the Crown at the Crown Law Office (Civil Law) of the Ministry of the Attorney General.
16 (1) Proceeding against the Crown by way of petition of right is abolished, and any claim against the Crown, regardless of when it arose, that may have been enforced by petition of right subject to the grant of a fiat by the Lieutenant Governor may be enforced as of right by a proceeding against the Crown in accordance with this Act. No revival (2) For greater certainty, subsection (1) does not subject the Crown to a proceeding in respect of a claim based on an act or omission occurring or existing before September 1, 1963 that would not, before that date, have been enforceable against the Crown by petition of right, subject to the grant of a fiat by the Lieutenant Governor. Limitation periods, etc., still apply (3) For greater certainty, a proceeding referred to in subsection (1) is subject to any bar in law to bringing the proceeding, or any defence, that is based on the passage of time.
18 (1) No proceeding that includes a claim for damages may be brought against the Crown unless, at least 60 days before the commencement of the proceeding, the claimant serves on the Crown, in accordance with section 15, notice of the claim containing sufficient particulars to identify the occasion out of which the claim arose. 2019, c. 7, Sched. 17, s. 18 (1). Additional particulars (2) The Attorney General may require such additional particulars as in his or her opinion are necessary to enable the claim to be investigated. 2019, c. 7, Sched. 17, s. 18 (2). Extension of applicable limitation period (3) If a notice of claim is served under subsection (1) before the expiry of a limitation period applicable with respect to the claim but the 60-day period referred to in that subsection ends after the expiry of the limitation period, the limitation period is extended to the last instant of the seventh day following the end of the 60-day period. 2019, c. 7, Sched. 17, s. 18 (3). Exception, breach of duty respecting property (4) Despite subsection (1), no proceeding that includes a claim for damages may be brought against the Crown under clause 8 (1) (b) unless the notice required by subsection (1) is served on the Crown in accordance with section 15 no later than 10 days after the occurrence of the event out of which the claim arises. 2019, c. 7, Sched. 17, s. 18 (4). Non-application (5) This section does not apply with respect to a counterclaim, crossclaim or claim by way of set-off. 2019, c. 7, Sched. 17, s. 18 (5). Failure to give notice (6) For greater certainty, failure to give notice of a claim as required by this section renders a proceeding brought without such notice a nullity in respect of the claim, from the time the proceeding is brought. 2020, c. 11, Sched. 7, s. 2. Same (7) Subsection (6) applies with respect to a proceeding brought before, on or after the day section 2 of Schedule 7 to the Smarter and Stronger Justice Act, 2020 comes into force. 2020, c. 11, Sched. 7, s. 2. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 7, s. 2 - 08/07/2020 Discovery, examination
19 (1) In a proceeding to which the Crown is a party, the rules of court respecting discovery and inspection of documents, examination for discovery, evidence by cross-examination on affidavits and examination of witnesses apply in the same manner as if the Crown were a corporation, with the following exceptions: 1.  The Crown may refuse to produce a document or to answer a question on the ground that the production or answer would be injurious to the public interest. 2.  The person who shall attend to be examined for discovery shall be an official designated by the Deputy Attorney General. 3.  The Crown is not required to deliver an affidavit on production of documents for discovery and inspection, but a list of the documents that the Crown may be required to produce, signed by the Deputy Attorney General, shall be delivered. 4.  Any other exception that may be prescribed. Where Crown is not a party (2) Nothing in this Act subjects the Crown or an officer or employee of the Crown to the discovery and inspection of documents or to examination for discovery in a proceeding to which the Crown is not a party.
20 In a proceeding against the Crown or an officer or employee of the Crown, trial shall be without a jury.
21 The Crown may obtain relief by way of an interpleader proceeding, and may be made a party to such a proceeding, in the same manner as a person may obtain relief by way of such a proceeding or be made a party to such a proceeding, even if the application or motion for relief is made by a sheriff or bailiff or other like officer. No injunction or specific performance
22 (1) If relief is sought in a proceeding against the Crown that might, in a proceeding between persons, be granted by way of injunction or specific performance, the court shall not, as against the Crown, grant an injunction or make an order for specific performance. Against officer or employee of the Crown (2) A court shall not in any proceeding grant an injunction or make an order against an officer or employee of the Crown if the effect of doing so would be to give any relief against the Crown that could not have been obtained in a proceeding against the Crown. Declaratory orders (3) Subject to subsection (4), the court may, in lieu of making an order referred to in subsection (1) or (2), make an order declaratory of the rights of the parties. Exception (4) The court shall not make an interim or interlocutory order declaratory of the rights of the parties.
23 In a proceeding against the Crown in which the recovery of real or personal property is claimed, the court shall not make an order for its recovery or delivery, but may in lieu make an order declaring that the claimant is entitled, as against the Crown, to the property claimed or to the possession of the property.
24 (1) A person is not entitled to claim a set-off or to make a counterclaim in a proceeding by the Crown for the recovery of taxes, duties or penalties, and is not entitled to claim a set-off or make a counterclaim in any other proceeding by the Crown arising out of a right or claim to repayment in respect of any taxes, duties or penalties. Same (2) Subject to subsection (1), a person may claim a set-off or make a counterclaim in a proceeding by the Crown if the subject-matter of the set-off or counterclaim relates to a matter under the administration of the particular ministry with respect to which the proceeding is brought by the Crown.
25 The Crown may not be noted in default in a proceeding, nor judgment entered against the Crown in default of appearance or pleading, except with leave of the court to be obtained on motion, notice of which has been served on the Crown in accordance with section 15.
26 A judgment debt due to or from the Crown bears interest in the same way as a judgment debt due from one person to another.
27 (1) Subject to subsections (2) and (3), no execution or attachment or other process of a similar nature shall be issued out of any court against the Crown. Garnishments against the Crown (2) A garnishment that is otherwise lawful may issue against the Crown for the payment of money owing or accruing as remuneration payable by the Crown for goods or services, subject to section 7 of the Wages Act. Garnishment for support or maintenance (3) A garnishment may issue against the Crown for an amount owing or accruing under an order for support or maintenance, subject to section 7 of the Wages Act. Limitation (4) A garnishment is effective against the Crown only in respect of amounts payable on behalf of the administrative unit served with the notice of garnishment to the person named in the notice. Definition, “administrative unit” (5) In this section, “administrative unit” means a Ministry of the Government of Ontario, a Crown agency within the meaning of the Crown Agency Act or the Office of the Assembly under the Legislative Assembly Act. General Matters
28 The Minister of Finance shall pay out of the Consolidated Revenue Fund amounts payable by the Crown under, (a)  an order of a court that is final and not subject to appeal; (b)  the settlement or partial settlement of a proceeding; (c)  the settlement or partial settlement of a claim that is the subject of a notice of claim under section 18; (d)  the settlement or partial settlement of an anticipated proceeding or claim which, in the Attorney General’s opinion, could result in a judgment or other finding of liability against the Crown; (e)  an order of an administrative tribunal or an arbitration award that is final and not subject to appeal, or the settlement or partial settlement of a matter or anticipated matter before an administrative tribunal or arbitrator; or (f)  a final order to pay made by a competent authority under a trade agreement that the Crown has entered into with the government of another province or territory of Canada, the government of Canada or any combination of those governments.
29 No person is entitled to any compensation for any loss or damages, including loss of revenues or loss of profit, arising from the enactment, repeal or application of this Act or the making, revocation or application of the regulations.
30 (1) The Lieutenant Governor in Council may make regulations, (a)  respecting anything that, in this Act, may or must be prescribed or done by regulation; (b)  defining any term or phrase used in this Act that is not defined in this Act; (b.1)  providing for procedures that apply with respect to a motion for leave under section 17; (c)  for the purposes of section 27, (i)  prescribing methods of service on the Crown of notices of garnishment in place of the method specified in section 15, (ii)  providing that a notice of garnishment issued against the Crown is not effective unless a statement of particulars, in the prescribed form, is served with the notice of garnishment, (iii)  providing that a notice of garnishment issued against the Crown is deemed to be served on the day that is the prescribed number of days, not to exceed 30 days, after the actual date of service or after the effective date of service under the rules of court, as the case may be. 2019, c. 7, Sched. 17, s. 30 (1); 2020, c. 11, Sched. 7, s. 3 (1). Retroactive regulations (2) If it so provides, a regulation made under subsection (1) is effective with reference to a period before the regulation was filed. 2019, c. 7, Sched. 17, s. 30 (2). Application to existing claims, proceedings (3) If it so provides, a regulation made under subsection (1) applies to claims or proceedings that existed before the regulation comes into force. 2019, c. 7, Sched. 17, s. 30 (3). Conflict with rules of court (4) In the event of a conflict between a regulation made under clause (1) (b.1) and the rules of court, the regulation prevails. 2020, c. 11, Sched. 7, s. 3 (2). Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 7, s. 3 (1, 2) - 08/07/2020 Transition
31 (1) This Act applies with respect to a claim against the Crown or an officer, employee or agent of the Crown regardless of when the claim arose, except as provided in subsection (3). Application of Act to new proceedings (2) This Act applies with respect to a proceeding commenced by the Crown, or against the Crown or an officer, employee or agent of the Crown, on or after the day this section comes into force, regardless of when the facts on which the proceeding is based occurred or are alleged to have occurred. Application of former Act to existing proceedings (3) Subject to subsection (4), the Proceedings Against the Crown Act, as it read immediately before its repeal, continues to apply with respect to proceedings commenced against the Crown or an officer, employee or agent of the Crown before the day this section came into force, and to the claims included in those proceedings. Exception, extinguishment of causes of action (4) Section 11 and the extinguishment of causes of action and dismissal of proceedings under that section apply with respect to proceedings commenced against the Crown or an officer, employee or agent of the Crown before the day this section came into force. 32 Omitted (provides for amendments to this Act). 33-171 Omitted (amends, repeals or revokes other legislation). 172 Omitted
(provides for coming into force of provisions of this Act). 173 Omitted (enacts short title of this Act). ______________  Français