jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 The purpose of this Act is to use proceeds of contracts for recounting crime to compensate persons who suffer pecuniary or non-pecuniary losses as a result of designated crimes and to assist victims of crime.  2002, c. 2, s. 1.
3 (1) Each party to a contract for recounting crime entered into after this section comes into force shall, not later than 15 days after the contract is entered into, (a) give written notice to the Attorney General of the names and addresses of all the parties to the contract; and (b) if the contract is in writing, give the Attorney General a copy of the contract or, if the contract is not in writing, give the Attorney General written notice of the terms of the contract.  2002, c. 2, s. 3 (1). Same (2) Each party to a contract for recounting crime entered into on or after May 1, 1995 and before this section comes into force shall, not later than 15 days after this section comes into force, (a) give written notice to the Attorney General of the names and addresses of all the parties to the contract; and (b) if the contract is in writing, give the Attorney General a copy of the contract or, if the contract is not in writing, give the Attorney General written notice of the terms of the contract.  2002, c. 2, s. 3 (2). Offence (3) A person who contravenes subsection (1) or (2) is guilty of an offence and on conviction is liable to a fine of not more than $50,000.  2002, c. 2, s. 3 (3). Directors and officers (4) If a corporation commits an offence under subsection (3), a director or officer of the corporation who directed, authorized, participated in, assented to or acquiesced in the commission of the offence is guilty of the offence and on conviction is liable to the punishment provided for under subsection (3), whether or not the corporation has been prosecuted or convicted.  2002, c. 2, s. 3 (4).
4 (1) In a proceeding commenced by the Attorney General, the Superior Court of Justice shall, except where it would clearly not be in the interests of justice, (a) make an order requiring a person who is required to pay money or other consideration to another person under a contract to instead pay it to the Crown in right of Ontario, if the court finds that the money or other consideration is payable under a contract for recounting crime to a person convicted of a designated crime or to the agent of a person convicted of a designated crime; and (b) subject to subsection (3), 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 a contract for recounting crime under which money or other consideration is payable to a person convicted of a designated crime or to the agent of a person convicted of a designated crime.  2002, c. 2, s. 4 (1). Action or application (2) The proceeding may be by action or application.  2002, c. 2, s. 4 (2). Legitimate owners (3) In the case of an order under clause (1) (b), if the court finds that property is proceeds of a contract for recounting crime and a party to the proceeding proves that he, she or it is a legitimate 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 legitimate owner’s interest in the property.  2002, c. 2, s. 4 (3). 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 legitimate 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 legitimate owner.  2002, c. 2, s. 4 (4). Limitation period (5) A proceeding under this section shall not be commenced after the 15th anniversary of the first payment under the contract for recounting crime.  2002, c. 2, s. 4 (5).
7 (1) A person who is required by a contract for recounting crime to pay money or other consideration to a person convicted of or charged with a designated crime or the agent of a person convicted of or charged with a designated crime may instead pay it to the Crown in right of Ontario, and payment under this subsection shall be deemed to be compliance with the contract to the extent of the payment to the Crown.  2002, c. 2, s. 7 (1). Repayment if no proceeding commenced (2) If money or other property is paid to the Crown in right of Ontario under subsection (1), the Crown, not later than 90 days after receiving the payment, shall pay the money or other property to the person to whom it would otherwise have been payable under the contract unless the Attorney General has commenced a proceeding under section 4 or 6 and has paid the money or other property into court in the proceeding.  2002, c. 2, s. 7 (2).
8 (1) Subject to the regulations, a person who claims an interest in money or other property that is paid into court in a proceeding commenced under section 4 or 6 or that is subject to an order for the preservation of property made under section 5 or 6 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 money or other property.  2002, c. 2, s. 8 (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 order made under section 5 or 6 are not sufficient to cover the legal expenses sought in the motion.  2002, c. 2, s. 8 (2).
9.1 (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 Part IV.1 of the Civil Remedies Act, 2001.  2005, c. 33, s. 18; 2007, c. 13, s. 46 (2). 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. 29. 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. 18. Mining lands (4) Despite subsection (1), 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. 18. Section Amendments with date in force (d/m/y) 2005, c. 33, s. 18
- 15/12/2005 2007, c. 13, s. 46 (2)
- 04/06/2007 2015, c. 38, Sched. 4, s. 29 - 10/12/2016
10 Except as otherwise provided in this Act, findings of fact in proceedings under this Act shall be made on the balance of probabilities.  2002, c. 2, s. 10.
12 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.  2002, c. 2, s. 12.
13 (1) The Lieutenant Governor in Council may make
regulations, (a) prescribing circumstances in which a person has a substantial connection to a corporation for the purpose of clause (c) of the definition of “agent” in section 2; (b) prescribing offences under the Criminal Code (Canada) as serious property offences for the purpose of clause (c) of the definition of “designated crime” in section 2; (c) providing that orders under section 8 may apply only to legal expenses incurred for a purpose prescribed by the regulations and are subject to monetary limits prescribed by the regulations; (d) governing payments out of accounts referred to in section 9, including governing the circumstances in which payments may be made, governing the amounts of payments, governing procedures for determining what payments are made and, in the case of payments under paragraph 1 of subsection 9 (3), (i) providing that payments be made only with the approval of a person or body specified in the regulations, and (ii) providing that a decision under subclause (i) to approve or not approve a payment is final and not subject to appeal, and shall not be altered or set aside in an application for judicial review or in any other proceeding unless the decision is patently unreasonable; (e) prescribing circumstances for the purpose of subsection 11 (4); (f) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out effectively the purpose of this Act.  2002, c. 2, s. 13 (1); 2019, c. 7, Sched. 11, s. 6. General or particular (2) A regulation made under subsection (1) may be general or particular in its application.  2002, c. 2, s. 13 (2). Section Amendments with date in force (d/m/y) 2019, c. 7, Sched. 11, s. 6 - 01/01/2022
14 (1) Any trust created by subsection 3 (1) of the Victims’ Right to Proceeds of Crime Act, 1994 is terminated on the day section 17 comes into force.  2002, c. 2, s. 14 (1). Same (2) If a trust that is terminated under subsection (1) was established in respect of a contract that is a contract for recounting crime and the contract provides for money to be paid to a person convicted of a designated crime or the agent of a person convicted of a designated crime, any money held in the trust by the Public Guardian and Trustee on the day section 17 comes into force shall be deposited in a separate, interest bearing account in the Consolidated Revenue Fund, and section 9 applies, with necessary modifications, to the account.  2002, c. 2, s. 14 (2). Same (3) If a trust is terminated under subsection (1) and subsection (2) does not apply, any money held in the trust by the Public Guardian and Trustee on the day section 17 comes into force shall be paid to the person to whom it would otherwise have been payable under the contract.  2002, c. 2, s. 14 (3). 15-19
Omitted (amends or repeals other Acts).  2002, c. 2, ss. 15-19. 20 Omitted (provides for coming into force of provisions of this Act).  2002, c. 2, s. 20. 21 Omitted (enacts short title of this Act).  2002, c. 2, s. 21. ______________  Français