jswizzle3737/ontario_laws_and_regs huggingface dataset:
Definitions
1 In this Act, “agent”, when used in relation to the Crown, includes an independent contractor employed by the Crown; (“mandataire”) “Crown” means Her Majesty the Queen in right of Ontario; (“Couronne”) “order” includes a judgment, decree, rule, award and declaration; (“ordonnance”) “proceeding against the Crown” includes a claim by way of set-off or counterclaim raised in a proceeding by the Crown and includes an interpleader proceeding to which the Crown is a party; (“instance contre la Couronne”) “servant”, when used in relation to the Crown, includes a minister of the Crown. (“préposé”)  R.S.O. 1990, c. P.27, s. 1.
Acts not affected
2 (1) This Act does not affect and is subject to the Expropriations Act, the Public Transportation and Highway Improvement Act, the Land Titles Act and the Registry Act, as to claims against The Land Titles Assurance Fund, the Motor Vehicle Accident Claims Act, Parts V.1 (Debt Retirement Charge) and VI (Special Payments) of the Electricity Act, 1998, the Workplace Safety and Insurance Act, 1997 and every statute that imposes a tax payable to the Crown or the Minister of Finance.  R.S.O. 1990, c. P.27, s. 2 (1); 1997, c. 16, s. 14; 2004, c. 16, Sched. D, Table; 2008, c. 19, Sched. V, s. 10; 2009, c. 33, Sched. 17, s. 9; 2009, c. 34, Sched. P, s. 1. Limits of scope of Act (2) Nothing in this Act, (a) subjects the Crown to greater liability in respect of the acts or omissions of a servant or agent of the Crown than that to which the Crown would be subject in respect of such acts or omissions if it were a person of full age and capacity; or (b) subjects the Crown to a proceeding under this Act in respect of a cause of action that is enforceable against a corporation or other agency of the Crown; or (c) subjects the Crown to a proceeding under this Act in respect of any act or omission of a servant of the Crown unless that servant has been appointed by or is employed by the Crown; or (d) subjects the Crown to a proceeding under this Act in respect of anything done in the due enforcement of the criminal law or of the penal provisions of any Act of the Legislature; (e)  Repealed: 2017, c. 20, Sched. 3, s. 3. R.S.O. 1990, c. P.27, s. 2 (2); 2017, c. 20, Sched. 3, s. 3. Section Amendments with date in force (d/m/y) 1997, c. 16, s. 14 - 01/01/1998 2004, c. 16, Sched. D, Table - 01/01/2004 2008, c. 19, Sched. V, s. 10 - 01/01/2009 2009, c. 33, Sched. 17, s. 9 - 15/12/2009; 2009, c. 34, Sched. P, s. 1 - 15/12/2009 2017, c. 20, Sched. 3, s. 3 - 14/11/2017
Right to sue Crown without fiat
3 A claim against the Crown that, if this Act had not been passed, might be 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 without the grant of a fiat by the Lieutenant Governor.  R.S.O. 1990, c. P.27, s. 3.
Right to sue Crown corporation without consent
4 A claim against a corporation of the Crown that, if this Act had not been passed, might be enforced, subject to the consent of a servant of the Crown, may be enforced as of right without such consent.  R.S.O. 1990, c. P.27, s. 4.
Application of law as to indemnity and contribution
6 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 of full age and capacity.  R.S.O. 1990, c. P.27, s. 6.
Notice of claim
7 (1) Subject to subsection (3), except in the case of a counterclaim or claim by way of set-off, no action for a claim shall be commenced against the Crown unless the claimant has, at least sixty days before the commencement of the action, served on the Crown a notice of the claim containing sufficient particulars to identify the occasion out of which the claim arose, and the Attorney General may require such additional particulars as in his or her opinion are necessary to enable the claim to be investigated. Limitation period extended (2) Where a notice of a claim is served under subsection (1) before the expiration of the limitation period applying to the commencement of an action for the claim and the sixty-day period referred to in subsection (1) expires after the expiration of the limitation period, the limitation period is extended to the end of seven days after the expiration of the sixty-day period. Notice of claim for breach of duty respecting property (3) No proceeding shall be brought against the Crown under clause 5 (1) (c) unless the notice required by subsection (1) is served on the Crown within ten days after the claim arose.  R.S.O. 1990, c. P.27, s. 7.
Discovery
8 In a proceeding against the Crown, the rules of court as to discovery and inspection of documents and examination for discovery apply in the same manner as if the Crown were a corporation, except that, (a) 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; (b) the person who shall attend to be examined for discovery shall be an official designated by the Deputy Attorney General; and (c) 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.  R.S.O. 1990, c. P.27, s. 8.
Designation of Crown in proceeding
9 In a proceeding under this Act, the Crown shall be designated “Her Majesty the Queen in right of Ontario” or “Sa Majesté du chef de l’Ontario”.  R.S.O. 1990, c. P.27, s. 9.
Service on the Crown
10 In a proceeding under this Act, a document to be served personally on the Crown shall be served by leaving a copy of the document with a solicitor in the Crown Law Office (Civil Law) of the Ministry of the Attorney General.  R.S.O. 1990, c. P.27, s. 10.
Trial without jury
11 In a proceeding against the Crown, trial shall be without a jury.  R.S.O. 1990, c. P.27, s. 11.
Interpleader
12 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 thereto, even though the application for relief is made by a sheriff or bailiff or other like officer, and the provisions relating to interpleader proceedings in the rules of court, subject to this Act, shall have effect accordingly.  R.S.O. 1990, c. P.27, s. 12.
Rights of parties and authority of court
13 Except as otherwise provided in this Act, in a proceeding against the Crown, the rights of the parties are as nearly as possible the same as in a suit between persons, and the court may make any order that it may make in a proceeding between persons, and may otherwise give such appropriate relief as the case may require.  R.S.O. 1990, c. P.27, s. 13.
No injunction or specific performance against Crown
14 (1) Where in a proceeding against the Crown any relief is sought 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, but in lieu thereof may make an order declaratory of the rights of the parties. Limitation on injunctions and orders against Crown servants (2) The court shall not in any proceeding grant an injunction or make an order against a servant of the Crown if the effect of granting the injunction or making the order would be to give any relief against the Crown that could not have been obtained in a proceeding against the Crown, but in lieu thereof may make an order declaratory of the rights of the parties.  R.S.O. 1990, c. P.27, s. 14.
Order for recovery of property not to be made against Crown
15 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 in lieu thereof may make an order declaring that the claimant is entitled, as against the Crown, to the property claimed or to the possession thereof.  R.S.O. 1990, c. P.27, s. 15.
Restriction on set-off and counterclaim
16 (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, in a proceeding of any other nature by the Crown, to claim a set-off or make a counterclaim arising out of a right or claim to repayment in respect of any taxes, duties or penalties. Idem (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 the counterclaim relates to a matter under the administration of the particular government ministry with respect to which the proceeding is brought by the Crown.  R.S.O. 1990, c. P.27, s. 16.
Crown defences
17 In a proceeding against the Crown, any defence that, if the proceeding was between persons, could be relied upon by the defendant as a defence to the proceeding or otherwise may be relied upon by the Crown.  R.S.O. 1990, c. P.27, s. 17.
No judgment by default against Crown without leave
18 In a proceeding against the Crown, judgment shall not be entered against the Crown in default of appearance or pleading without the leave of the court to be obtained on motion of which notice has been given to the Crown.  R.S.O. 1990, c. P.27, s. 18.
Proceedings in rem
19 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.  R.S.O. 1990, c. P.27, s. 19.
Interest on judgment debt
20 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.  R.S.O. 1990, c. P.27, s. 20.
Prohibition of execution against the Crown
21 (1) Subject to subsections (2) and (3), no execution or attachment or process in the nature thereof shall be issued out of any court against the Crown. Garnishments against 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 notice of garnishment to the person named in the notice of garnishment. Regulations (5) The Lieutenant Governor in Council may make regulations, (a) prescribing the method of service on the Crown of notices of garnishment in place of the method prescribed in section 10; (b) 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; (c) providing that a notice of garnishment issued against the Crown shall be deemed to be served on the day that is the number of days specified in the regulation after the actual date of service or after the effective date of service under the rules of court, as the case may be, but the regulation shall not specify more than thirty days as the number of days; (d) prescribing the form of statement of particulars for the purposes of this section. Definition (6) 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.  R.S.O. 1990, c. P.27, s. 21.
Payment by Crown
22 The Minister of Finance shall pay out of the Consolidated Revenue Fund the amount payable by the Crown, (a) under an order of a court that is final and not subject to appeal; (b) under a settlement of a proceeding in a court; (c) under a settlement of a claim that is the subject of a notice of claim under section 7; or (d) under 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.  1994, c. 27, s. 51; 2009, c. 24, s. 32. Section Amendments with date in force (d/m/y) 1994, c. 27, s. 51 - 09/12/1994 2009, c. 24, s. 32 - 15/12/2009
Conflict
23 Where this Act conflicts with any other Act, this Act governs.  R.S.O. 1990, c. P.27, s. 23. ______________  Français