jswizzle3737/ontario_laws_and_regs huggingface dataset:
2 (1) This Act applies with respect to forfeited corporate property, except as provided in subsection (3). Same (2) For greater certainty, this Act applies with respect to forfeited corporate property whether it became forfeited corporate property before or after this section comes into force. Non-application of Act (3) This Act does not apply to forfeited corporate property if, (a) the property is mining lands as defined in the Mining Act; (b) the property is mining rights, as defined in the Mining Act, that are severed or held separate and apart from surface rights as defined in the Mining Act; (c) the property is subject to subsection 53 (1) of the Mining Act; (d) the property is located in, on or under land set apart as a provincial park or a conservation reserve under the Provincial Parks and Conservation Reserves Act, 2006; or (e) the property is located in, on or under public lands within the meaning of the Public Lands Act. General effects of becoming forfeited corporate property
3 (1) If property was subject to liens, rights or other interests in favour of the Crown before it became forfeited corporate property, the liens, rights or other interests do not merge when the property becomes forfeited corporate property. Debts not passing to Crown (2) A prior corporate owner’s liabilities and obligations do not become the Crown’s liabilities and obligations as a result of the dissolution of the prior corporate owner. Obligations and immunities
5 A decision or order of the Minister under this Act is final and not subject to review for any reason, including for the reason that a person did not receive a notice under this Act.
6 (1) A person is not entitled to receive a notice under this Act if, (a) the person expressly waives the entitlement to receive notice, either before or after the notice is given; or (b) after a reasonable search, the Minister is unable to find the person’s address and the Minister is not otherwise aware of the address. Same, prior corporate owner dissolved for more than 20 years (2) If a prior corporate owner has been dissolved for more than 20 years, the prior corporate owner and its directors and officers are not entitled to receive a notice under this Act.
7 For greater certainty, forfeited corporate real property is not liable to be expropriated by an expropriating authority within the meaning of the Expropriations Act.
8 (1) The Municipal Tax Assistance Act does not apply in respect of forfeited corporate real property, despite the definition of “provincial property” in section 1 of that Act, until the day the Minister registers a notice under section 24 on title to the property indicating that the Crown intends to use the property for Crown purposes. Same (2) If real property became forfeited corporate real property before the day subsection (1) comes into force, subsection (1) applies in respect of the property as if subsection (1) had been in force on the day the property became forfeited corporate real property.
9 (1) No interest or income is payable by the Crown to any person with respect to forfeited corporate property or its proceeds. 2015, c. 38, Sched. 7, s. 9. Same, revived corporation (2) For greater certainty, the revival of a prior corporate owner does not entitle the prior corporate owner to any interest or income received by the Crown in connection with forfeited corporate property while the corporation was dissolved. 2020, c. 34, Sched. 6, s. 1. Section Amendments with date in force (d/m/y) 2020, c. 34, Sched. 6, s. 1 - 08/12/2020
10 Part III (Regulations) of the Legislation Act, 2006 does not apply with respect to orders issued by the Minister under section 11, 18 or 29.
10.1 The Minister may enter into agreements respecting the management and disposition of forfeited corporate property. 2020, c. 34, Sched. 6, s. 2. Section Amendments with date in force (d/m/y) 2020, c. 34, Sched. 6, s. 2 - 08/12/2020 Management of Forfeited Corporate Property Interests purported to be created after dissolution
12 (1) The Minister may, at any time, make an application for the Crown to be registered as the owner of forfeited corporate real property. Same (2) An application mentioned in subsection (1) does not constitute a notice under section 24.
13 (1) The Minister may enter into an agreement in writing in accordance with this section with a person to be a receiver-manager of forfeited corporate property and may by order name that person as the receiver-manager of the property described in the order. Crown agent status (2) A receiver-manager named under this section is a Crown agent for the purposes of exercising the powers and performing the duties specified in the agreement. Powers of receiver-manager (3) The agreement may permit the receiver-manager to do any of the following, subject to any conditions, restrictions or requirements set out in the agreement: 1. Exercise any power this Act gives the Minister in accordance with the requirements of this Act, with necessary modifications. 2. Exercise control over the property and preserve and protect it. 3. Make payments as may be required for the ongoing operation of the property. 4. Apply to a public authority for the issuing or renewal of any permits, licences, approvals, consents, certificates or permissions. 5. Do anything the receiver-manager considers advisable for the ongoing management or operation of the property, including, i. undertaking repairs and improvements, ii. collecting money and managing accounts, iii. managing expenses, iv. managing and operating any business associated with the property, including ceasing to carry on all or part of the business, v. conducting investigations in respect of the property, and vi. entering into agreements with consultants, appraisers or other experts to assist the manager in carrying out his or her powers and duties. 6. Do anything else within any additional powers that may be prescribed for the purposes of this section. Duties of receiver-manager (4) The receiver-manager shall, (a) do anything the agreement requires the receiver-manager to do; (b) keep detailed records of all activities the receiver-manager carries out in respect of the property and provide those records to the Minister on request; and (c) when the receiver-manager’s duties under the agreement have been completed, provide the Minister with a final report. Registration (5) The Minister shall register an order under this section, (a) if the order is in respect of real property, on title to the property; or (b) if the order is in respect of personal property, on title to the real property in, on or under which the personal property is located.
14 (1) The Minister may apply to the Superior Court of Justice for an order appointing a receiver-manager of forfeited corporate property if, in the Minister’s opinion, applying for the order is necessary for the proper administration of the property. Same (2) On application under subsection (1), the Superior Court of Justice may make an order appointing a receiver-manager of the property where it appears to a judge of the court to be just or convenient to do so. Same (3) For greater certainty, an order of the court under this section cannot authorize the expenditure of public money that has not been appropriated by the Legislature for this purpose.
15 (1) Subject to subsection (5), if forfeited corporate real property is occupied, the Minister may give notice, (a) directing occupiers to vacate the property on or before the date specified in the notice; (b) directing occupiers to remove their personal property from the property on or before the specified date; and (c) notifying occupiers that the Minister may dispose of any personal property left in, on or under the property after the specified date. Same (2) A notice under subsection (1) may be given by posting the notice on the property and shall be given in accordance with any other requirements set out in the regulations. Same (3) In specifying a date in a notice under subsection (1), the Minister may take into account any circumstances, including, but not limited to, risks related to the property, risks to human health or safety or risks to the environment. Failure to vacate (4) If a person does not vacate the property in accordance with the notice, the Minister may apply to the Superior Court of Justice for an order and writ of possession. Notice not enforceable, where agreement or purported agreement (5) A notice under this section is not enforceable against a person who is on the property pursuant to an agreement or purported agreement described in subsection (6). Same (6) For the purposes of subsection (5), the notice is not enforceable against a person if the person entered into, (a) an agreement in writing that, (i) was in effect on the day the property became forfeited corporate property, and (ii) entitled the person to occupy all or part of the property; or (b) a purported agreement in writing that, (i) was entered into after the day the property became forfeited corporate property, and (ii) purported to entitle the person to occupy all or part of the property.
16 (1) This section applies if a person entered into an agreement or purported agreement described in subsection 15 (6) that entitled or purported to entitle a person to occupy all or part of forfeited corporate real property. 2015, c. 38, Sched. 7, s. 16 (1); 2020, c. 34, Sched. 6, s. 3 (1). Notice (2) The Minister may give a notice, in accordance with the regulations, if any, to a person who is on the property pursuant to an agreement or purported agreement as described in subsection (1), (a) directing any persons occupying the property to vacate the property on or before the date specified in the notice; (b) directing the removal of the personal property of any person occupying the property on or before the specified date; and (c) notifying the person that the Minister may dispose of any personal property left in, on or under the property after the specified date. 2015, c. 38, Sched. 7, s. 16 (2); 2020, c. 34, Sched. 6, s. 3 (2). 60-day minimum period (3) The notice shall be given to the person at least 60 days before the date specified in the notice, subject to subsection (4). 2015, c. 38, Sched. 7, s. 16 (3). Shorter period (4) The notice may be given fewer than 60 days before the specified date if the Minister is of the opinion that, (a) the presence or actions of the person present a risk related to the property, to human health or safety, or to the environment; or (b) vacant possession is needed so that a risk related to the property, to human health or safety, or to the environment may be addressed. 2015, c. 38, Sched. 7, s. 16 (4). Failure to vacate (5) If the person does not vacate the property in accordance with the notice, the Minister may apply to the Superior Court of Justice for an order and writ of possession. 2015, c. 38, Sched. 7, s. 16 (5). Crown not bound (6) For greater certainty, the Crown is not bound by an agreement or a purported agreement described in subsection (1). 2015, c. 38, Sched. 7, s. 16 (6). Interpretation (7) Nothing in this section shall be interpreted as validating a purported agreement described in subsection (1) in respect of forfeited corporate real property. 2015, c. 38, Sched. 7, s. 16 (7). Section Amendments with date in force (d/m/y) 2020, c. 34, Sched. 6, s. 3 (1, 2) - 08/12/2020
17 (1) The Minister may enter onto forfeited corporate real property at any time, subject to subsection (3), and for any purpose, and may take any action the Minister determines is necessary in respect of the property. Same (2) Subsection (1) applies regardless of whether the property is being used or occupied, including if it is being occupied under an agreement or purported agreement mentioned in subsection 15 (6). Notice to occupiers (3) If the property is occupied, the Minister shall give notice to the occupiers in accordance with the regulations, if any, before entering onto the property, unless the Minister is of the opinion that there is not enough time to do so because of a risk to human health or safety, or to the environment. Emergency powers (4) Without limiting the generality of subsection (1), the Minister may enter onto forfeited corporate real property in order to investigate whether a risk mentioned in subsection (3) is present and, if he or she is of the opinion that such a risk exists, take any measures necessary to address it. Same, notice (5) As soon as reasonably possible after taking measures under subsection (4), the Minister shall give notice to the occupiers in accordance with the regulations, if any, describing the nature of the measures. Cancellation of Encumbrances
19 (1) The Minister shall give persons who are entitled to receive notice under section 20 at least 90 days notice of his or her intent to make an order under section 18 cancelling encumbrances against forfeited corporate property. Contents of notice (2) The notice shall contain the following information: 1. The prior corporate owner’s name. 2. The date the prior corporate owner was dissolved. 3. Information that identifies the property, such as, i. in the case of real property, a property identifier number, legal description and municipal address, ii. in the case of a motor vehicle, a vehicle identification number, and iii. in the case of other personal property, a description of the property. 4. A statement indicating that on or after the date specified in the notice, all encumbrances referred to in the notice regarding the identified property, whether registered or not, may be cancelled without further notice. 5. A statement explaining the effect of the order. 6. A statement explaining that the person may respond to the notice as provided under section 22. Description of encumbrances not covered (3) The notice may describe any encumbrances that the Minister does not intend to cancel. Additional matters in certain notices (4) The notice may contain, (a) in the case of a notice to a municipality in respect of real property, a request that the municipality identify any unpaid real property taxes and penalties and interest on those taxes and any other debts owing to the municipality in respect of the property; (b) in the case of a notice to the Crown in right of Canada, a request to identify any debts owing to the Crown in right of Canada by the prior corporate owner or in respect of the property; and (c) in the case of a notice to a Minister of the Crown in right of Ontario, a request to identify, (i) any debts owing to the Crown in right of Ontario by the prior corporate owner or in respect of the property, and (ii) any costs or expenses incurred by the Crown in right of Ontario in respect of the property.
20 A notice under section 19 of the Minister’s intent to make an order cancelling encumbrances against forfeited corporate property shall be given to the following persons: 1. In the case of property that includes real property registered under the Land Titles Act, every person who, as of the day before the notice is issued, appears by the parcel register to have an interest in the property. 2. In the case of property that includes real property to which the Registry Act applies, every person who, as of the day before the notice is issued, appears by the abstract index to have an interest in the property. 3. Every person who appears to be an execution creditor of the prior corporate owner, according to the electronic database maintained by the sheriff for the area in which the property is located. 4. In the case of real property, the clerk of each municipality in which the property is located or, if it is located in an unorganized territory, the Minister responsible for the administration of the Provincial Land Tax Act, 2006. 5. In the case of personal property, every person who, as of the day before the notice is issued, has a security interest in the property or a claim for lien against the property, if the interest or claim has been registered in the registration system under the Personal Property Security Act, i. against the prior corporate owner, or ii. if the personal property is a motor vehicle as defined in the regulations made under the Personal Property Security Act, against a vehicle identification number. 6. In the case of personal property in respect of which a notice of security interest is registered on title to real property, every person who, as of the day before the notice of intent to make an order cancelling encumbrances is given, appears to have a security interest in the personal property. 7. The prior corporate owner. 8. Every person who is named as a director or officer of the prior corporate owner in the most recent notices or returns filed under the Corporations Information Act, or who is named in the prior corporate owner’s articles or letters patent, whichever was most current as of the day the corporation was dissolved. 9. In the case of property that is part of a property, as defined in the Condominium Act, 1998, to which the objects and duties of a condominium corporation under section 17 of that Act apply, that corporation. 10. The Crown in right of Canada. 11. Any Ministers of the Crown in right of Ontario who, in the opinion of the Minister, may have an interest in the property. 12. Any other prescribed persons.
21 (1) The Minister shall give notice of the Minister’s intent to make an order cancelling encumbrances against forfeited corporate property to a person who is entitled to receive notice under section 20 by sending it by ordinary mail or, if the Minister considers it appropriate, by registered mail or personal delivery. Registration (2) If the notice is in respect of real property, the Minister shall register the notice on title to the property. Additional ways of giving notice (3) The Minister may give notice in any additional ways that he or she considers appropriate, which may include, (a) posting the notice on the property; (b) publishing the notice in a newspaper of general circulation in the area in which the property is located; or (c) publishing the notice on a Government website or on another website available to the public. Notice to prior corporate owner (4) A notice to a prior corporate owner or to its directors or officers shall be given by sending it to each of their addresses listed in the most recent notices or returns filed under the Corporations Information Act or in the prior corporate owner’s articles or letters patent, whichever was most current as of the day before the prior corporate owner was dissolved.
22 (1) A person who intends to bring a claim or enforce an interest in the forfeited corporate property shall respond to the Minister in writing before the date specified in the notice. 2015, c. 38, Sched. 7, s. 22 (1). Contents of response (2) A response under subsection (1) shall indicate whether or not the person intends to act and may include additional information or comments. 2015, c. 38, Sched. 7, s. 22 (2). Contact information (3) A person responding to the Minister shall provide, (a) the person’s contact information, including name, address, telephone number and email address, if any; and (b) if the person has an agent or other representative, the agent’s or representative’s contact information, including name, address, telephone number and email address, if any. 2015, c. 38, Sched. 7, s. 22 (3). Notice under other Acts not sufficient (4) Notice of a proceeding relating to forfeited corporate property that is served on the Crown under any of the following provisions is not a response for the purposes of subsection (1): 1. Section 242 of the Business Corporations Act. 2. Section 318 of the Corporations Act. 3. Section 31 of the Mortgages Act. 4. Section 171 of the Not-for-Profit Corporations Act, 2010 or any predecessor of it. 2015, c. 38, Sched. 7, s. 22 (4) and 43 (2). Section Amendments with date in force (d/m/y) 2015, c. 38, Sched. 7, s. 43 (2) - 19/10/2021
23 (1) If the Minister has not made an order under section 18 after giving a notice under section 19, the Minister may make an order stating that the notice given under section 19 has no effect. Copy of order, etc. (2) If the Minister makes an order directing the deletion of a notice under subsection (1) the Minister shall, (a) give a copy of the order to, (i) any person to whom notice was given under section 19 in respect of the property, (ii) any person who responded to the Minister under section 22 in respect of the property, and (iii) any other person who requests a copy; and (b) give notice in any additional ways that the Minister gave notice under subsection 21 (3) in respect of the property. Registration, order relating to real property (3) If the order deleting the notice is in respect of forfeited corporate real property, the Minister shall register the order on title to the property and the notice shall be deleted from title. Minister may give new notice (4) The Minister may, at any time after making an order under this section, give a new notice under section 19 in respect of the same property. Use of Forfeited Corporate Property for Crown Purposes Property intended to be used for Crown purposes
25 (1) The Minister may dispose of forfeited corporate property under this Act, (a) at the price the Minister considers appropriate; (b) subject to any terms or conditions the Minister considers appropriate; and (c) in the manner and at the time the Minister considers appropriate. 2015, c. 38, Sched. 7, s. 25 (1). Limitation, involuntary dissolutions (2) The Minister shall not dispose of the property before the third anniversary of the prior corporate owner’s dissolution if it was dissolved under any of the following provisions: 1. Subsection 241 (4) of the Business Corporations Act or any predecessor of it. 2. Subsection 317 (9) of the Corporations Act or any predecessor of it. 2015, c. 38, Sched. 7, s. 25 (2). 3. Subsection 170 (2) of the Not-for-Profit Corporations Act, 2010 or any predecessor of it. 2015, c. 38, Sched. 7, s. 25 (2) and 43 (4). Same, co-operatives (3) The Minister shall not dispose of the property before the second anniversary of the prior corporate owner’s dissolution if it was a co-operative dissolved under subsection 167 (2) of the Co-operative Corporations Act or any predecessor of it. 2015, c. 38, Sched. 7, s. 25 (3). Exceptions (4) Despite subsections (2) and (3), the Minister may dispose of the property at any time, (a) after giving notice of the disposition, (i) in accordance with the regulations, if any, to the prior corporate owner and every person who is named as a director or officer of the prior corporate owner in the most recent notices or returns filed under the Corporations Information Act, or who is named in the prior corporate owner’s articles or letters patent, whichever was most current as of the day before the prior corporate owner was dissolved, and (ii) by publishing it on a Government website or on another website available to the public and by posting it, (A) in the case of real property, on the property, or (B) in the case of personal property, on the personal property or on the real property in, on or under which the personal property is located; or (b) without giving notice of the disposition in accordance with clause (a), if, in the Minister’s opinion, (i) in the case of real property or personal property, the property presents a risk to human health or safety, or to the environment, or (ii) in the case of personal property, (A) the property is perishable, (B) the property is likely to rapidly decline in value, or (C) there would be an expense associated with managing or storing the property. 2015, c. 38, Sched. 7, s. 25 (4). Condominium Act, 1998 (5) Any disposition of forfeited corporate real property by the Minister is subject to the restrictions in sections 11 and 139 of the Condominium Act, 1998. 2020, c. 34, Sched. 6, s. 4. Section Amendments with date in force (d/m/y) 2015, c. 38, Sched. 7, s. 43 (4) - 19/10/2021 2020, c. 34, Sched. 6, s. 4 - 08/12/2020
27 (1) The Minister may dispose of charitable property that is forfeited corporate property by transferring, assigning or otherwise conveying it to a charity that the Minister considers to be appropriate in the circumstances, after consulting with the Public Guardian and Trustee. Disposition to person other than charity (2) If the Minister disposes of charitable property that is forfeited corporate property by transferring, assigning or otherwise conveying it to a person other than a charity, the Minister may pay an amount not exceeding an amount equal to the proceeds to a charity that the Minister considers to be appropriate in the circumstances, after consulting with the Public Guardian and Trustee, from money appropriated by the Legislature for this purpose. 28 Repealed: 2020, c. 34, Sched. 6, s. 6. Section Amendments with date in force (d/m/y) 2020, c. 34, Sched. 6, s. 6 - 01/01/2021
28 Repealed: 2020, c. 34, Sched. 6, s. 6. Section Amendments with date in force (d/m/y) 2020, c. 34, Sched. 6, s. 6 - 01/01/2021
30 (1) The Minister may determine the following amounts in connection with each forfeited corporate property in accordance with the regulations, if any: 1. The amount of costs the Crown incurred, including, i. costs incurred before the day this section came into force, and ii. costs incurred in connection with the disposition of the property. 2. Amounts the Crown may be obligated to pay under an agreement. 2.1 Amounts owed to the Crown under an agreement. 3. Reasonable amounts for time and resources expended by employees of the Crown. 4. The amount of fees charged under this Act. 2015, c. 38, Sched. 7, s. 30 (1); 2020, c. 34, Sched. 6, s. 8 (1). Debt owing to Crown (2) Amounts determined under subsection (1) are a debt due to the Crown and may be recovered, among other ways, (a) out of the proceeds of, (i) all or part of the property, or (ii) any other forfeited corporate property of the same prior corporate owner; (b) by obtaining an order under section 31 requiring a former officer or director of the prior corporate owner to pay some or all of the amounts; or (c) by collecting on a special lien that is deemed to be enforceable against the property under section 32. 2015, c. 38, Sched. 7, s. 30 (2). Same (3) If a prior corporate owner is revived, amounts determined under subsection (1) may be recovered from the corporation. 2020, c. 34, Sched. 6, s. 8 (2). Section Amendments with date in force (d/m/y) 2020, c. 34, Sched. 6, s. 8 (1, 2) - 08/12/2020
31 (1) The Minister may apply to the Superior Court of Justice for an order, (a) determining the individuals who were the officers or directors of the prior corporate owner of forfeited corporate property; and (b) requiring the individuals determined under clause (a) to pay some or all amounts determined under section 30. Same (2) For the purposes of an application under subsection (1), the Court shall determine the individuals who were the officers or directors in the two years before the dissolution of the prior corporate owner. Same (3) If the Court determines that there were no individuals who were officers or directors in the two years before the dissolution of the prior corporate owner, the Court may make the determination in respect of the most recent two years before the dissolution in which the Court determines there were individuals who were officers or directors. Exception, corporation without share capital (4) This section does not apply if the prior corporate owner was a corporation without share capital that was carried on without the purpose of gain for its members. Exception, prescribed criteria (5) No individual who meets the prescribed criteria shall be determined to be an officer or director under this section. Exception, prescribed amounts (6) No application under this section shall be made in respect of amounts relating to prescribed matters.
34 All expenditures required for the purposes of this Act, including expenditures incurred by a receiver-manager in respect of forfeited corporate property, shall be made out of the money appropriated for this purpose by the Legislature. Remedies
34.1 For greater certainty, (a) a vesting order may not be granted under section 100 of the Courts of Justice Act in respect of forfeited corporate property; (b) a declaratory order may be granted in respect of forfeited corporate property; and (c) forfeited corporate real property may be sold in power of sale proceedings in accordance with clause 242 (1) (d) of the Business Corporations Act. 2020, c. 34, Sched. 6, s. 9. Section Amendments with date in force (d/m/y) 2020, c. 34, Sched. 6, s. 9 - 08/12/2020 Collection and Use of Information
35 (1) The Minister is authorized to collect personal information for the purpose of administering this Act. Direct or indirect collection (2) The collection authorized by subsection (1) may be done, (a) directly; or (b) indirectly, if indirect collection is reasonably required in the circumstances. General notice of collection (3) If the Minister collects personal information indirectly, he or she shall give a general notice of collection in one or both of the following ways: 1. Posting the notice on the relevant forfeited corporate property. 2. Publishing the notice on a Government website or on another website available to the public. Contents (4) A notice under subsection (3) shall contain, (a) a description of the type of personal information that is collected; (b) a statement of the principal purpose for which the personal information is intended to be used; and (c) the title, business address and business telephone number of a public official who can answer questions about the collection. Deemed compliance with Freedom of Information and Protection of Privacy Act, s. 39 (2) (5) Giving a notice under subsection (3) is deemed to be compliance with subsection 39 (2) of the Freedom of Information and Protection of Privacy Act.
36 (1) Subject to the regulations, if any, the Minister may give a notice requiring any person or entity to provide information that is in the person’s or entity’s possession or control and, in the opinion of the Minister, relates to forfeited corporate property, including the following information: 1. Personal information, including contact information of a person or entity to whom the Minister intends to give a notice under this Act. 2. Information about forfeited corporate property, including corporate records of a prior corporate owner of the property and information about activities of any person purporting to act after dissolution in respect of the property. 3. Information about any interest in property that existed before the property became forfeited corporate property. Same, oath or affirmation (2) The notice may require that the information be provided on oath or affirmation. Form, manner and timing (3) The notice may, (a) specify the form and manner in which the information shall be provided; and (b) require that the information be provided before the date specified in the notice, subject to section 37. Requirement to comply (4) Subject to section 37, a person or entity that receives a notice under this section shall comply with its terms, whether or not the Crown is registered on title as the owner of the forfeited corporate real property to which the notice relates or is otherwise understood by the person or entity to be in control of or to have authority over the forfeited corporate property to which the notice relates. Offence (5) Any person that receives a notice under this section and fails to comply with its terms is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $5,000 for each day during which the failure to comply continues.
37 (1) A person or entity is not required to provide information under section 36 if the record containing the information is subject to solicitor-client privilege, litigation privilege or settlement privilege. Failure to comply (2) If a person or entity that receives a notice under section 36 refuses under subsection (1) to provide the required information and the Minister is of the opinion that subsection (1) does not apply, the Minister may apply to the Superior Court of Justice for an order compelling the person or entity to provide the information.
38 Information that is collected under this Act may be used and disclosed for the purposes of the administration of this Act, the Escheats Act, 2015 or any other Ontario law governing property that escheated or forfeited to the Crown or corporate dissolution. 39 Repealed: 2020, c. 34, Sched. 6, s. 10. Section Amendments with date in force (d/m/y) 2020, c. 34, Sched. 6, s. 10 - 01/01/2021 Regulations and Transitional Matters
39 Repealed: 2020, c. 34, Sched. 6, s. 10. Section Amendments with date in force (d/m/y) 2020, c. 34, Sched. 6, s. 10 - 01/01/2021 Regulations and Transitional Matters
40 The Minister may make regulations, (a) prescribing additional powers of a receiver-manager under paragraph 6 of subsection 13 (3); (b) respecting notice to be given under sections 15, 16, 17, 25, subsection 29 (4) and section 36; (c) prescribing persons entitled to receive a notice under paragraph 12 of section 20; (d) governing applications for relief from forfeiture under subsection 26 (4).
41 The Lieutenant Governor in Council may make regulations, (a) prescribing steps the Minister is required to take with respect to an order that includes a direction described in paragraph 3 of subsection 11 (5) or paragraph 3 of subsection 18 (2); (b) prescribing steps that a person responsible for a prescribed public registry is required to take in response to an order mentioned in clause (a); (c) respecting transfers of property described in section 29, including governing the requirement for consent as mentioned in clause 29 (6) (b); (d) governing the determination of amounts under section 30; (e) respecting any matter necessary for the purposes of section 33, including establishing a process for resolving disputes in respect of the distribution of proceeds of disposition of forfeited corporate property; (f) requiring the payment of fees for anything done under this Act and prescribing the amounts of the fees or a method of determining them; (g) providing for circumstances in which the amount of a fee may be reduced or its payment waived; (h) defining any word or expression used in this Act that has not already been expressly defined in this Act; (i) providing for such transitional matters as the Lieutenant Governor in Council considers necessary or advisable in connection with the implementation of this Act; (j) prescribing anything that, under this Act, may or must be prescribed or done by regulation, other than anything in respect of which the Minister may make regulations under section 40. Transitional matters
42 (1) For the purposes of applying the following provisions, a prior corporate owner’s dissolution is deemed to have occurred on the day section 2 comes into force if the prior corporate owner was dissolved before that day: 1. Subsection 18 (5). 2. Subsection 24 (2). 3. Clause 24 (6) (a). 4. Subsection 25 (2). Same, corporation dissolved for more than 20 years (2) Subsection (1) does not apply if the prior corporate owner has been dissolved under subsection 241 (4) of the Business Corporations Act or any predecessor of it more than 20 years before the third anniversary of the day section 2 comes into force. Deemed day for purposes of para. 1 of subs. 26 (2) (3) For the purposes of paragraph 1 of subsection 26 (2), property that became forfeited corporate property before the day section 2 comes into force is deemed to have become forfeited corporate property on the day section 2 comes into force. Continued application of Escheats Act (4) Despite any provision of this Act, the Escheats Act as it read immediately before the day section 31 of Schedule 4 to the Budget Measures Act, 2015 comes into force applies to, (a) property that is the subject of a petition received by the Public Guardian and Trustee under section 3 or 5 of the Escheats Act before the day section 2 of this Act comes into force, unless the petition is withdrawn; and (b) property that is the subject of an agreement in writing, entered into before the day section 2 of this Act comes into force, between the Public Guardian and Trustee and a person regarding the price and terms on which the Public Guardian and Trustee will transfer, assign or discharge the property under section 6 of the Escheats Act. 43 Omitted (provides for amendments to this Act). 44-61 Omitted (amends, repeals or revokes other legislation). 62 Omitted
(provides for coming into force of provisions of this Act). 63 Omitted (enacts short title of this Act).  Français