9 (1) If money is paid to or forfeited to the Crown in right of Ontario under an order made under section 4 in respect of a designated crime, or other property is paid to or forfeited to the Crown in right of Ontario under an order made under section 4 in respect of a designated crime and is converted to money, the money shall be deposited in a separate, interest bearing account in the Consolidated Revenue Fund.  2002, c. 2, s. 9 (1). Same (2) For the purpose of the Financial Administration Act, money deposited under subsection (1) shall be deemed to be money paid to Ontario for a special purpose.  2002, c. 2, s. 9 (2). Payments out of account for Crown’s costs (2.1) If money is deposited in an account under subsection (1), the Minister of Finance shall make payments out of the account, at the request of the Director and in the amounts determined by the Director under subsection (3.4), to compensate the Crown in right of Ontario for its costs incurred, (a) in conducting the proceeding under this Act with respect to the property; (b) in determining whether the proceeding under this Act with respect to the property should be commenced; (c) in preserving, managing or disposing of the property under this Act; and (d) in enforcing or complying with orders made under this Act in respect of the property.  2005, c. 33, s. 17 (1). Other payments out of account (3) Subject to the regulations and after making the payments, if any, out of the account under subsection (2.1), the Minister of Finance may make payments out of the account described in subsection (1) for the following purposes: 1. To compensate persons who suffered pecuniary or non-pecuniary losses, including losses recoverable under Part V of the Family Law Act, as a result of the crime. 2. To assist victims of crime. 3. If, according to the criteria prescribed by the regulations, the amount of money in the account is more than is required for the purposes referred to in paragraphs 1 and 2, such other purposes as are prescribed by the regulations.  2005, c. 33, s. 17 (2). Director’s election to give priority to persons who suffered loss (3.1) The Director may elect not to request payment out of the account under subsection (2.1) if, in his or her opinion, all or substantially all of the money in the account is needed to compensate the persons who are entitled to compensation under paragraph 1 of subsection (3).  2005, c. 33, s. 17 (2). Payment for Crown’s costs after payment to persons who suffered loss (3.2) If the Director elects not to request payment under subsection (2.1), the Minister of Finance shall, at the request of the Director and in the amounts determined by the Director under subsection (3.4), make payments to compensate the Crown in right of Ontario for its costs incurred as described in subsection (2.1) out of the account, after the payments are made to compensate the persons who are entitled to compensation under paragraph 1 of subsection (3).  2005, c. 33, s. 17 (2). Payment for Crown’s costs out of other accounts (3.3) If the amount of money in the account is insufficient to satisfy the Crown’s costs pursuant to a request made by the Director under subsection (2.1) or (3.2), the Minister of Finance shall make payments to compensate the Crown in right of Ontario for its unsatisfied costs out of another account into which money is deposited under subsection (1) as a result of another proceeding, after payments have been made out of that account to compensate the persons who are entitled to compensation out of that account under paragraph 1 of subsection (3) and to compensate the Crown for its costs incurred in respect of that account.  2005, c. 33, s. 17 (2). Determination of Crown’s costs (3.4) The amount of the Crown’s costs under subsection (2.1) or (3.2) shall be determined by the Director on any basis, or combination of them, that he or she considers appropriate in the circumstances, including, (a) a flat rate for every forfeiture; (b) a flat rate for every step taken; (c) an hourly rate; (d) the actual costs; or (e) a percentage of the value of the property forfeited.  2005, c. 33, s. 17 (2). Series of crimes (4) If the Minister of Finance is satisfied that two or more designated crimes are part of a series of related crimes, he or she may deposit money relating to all the crimes into one account under subsection (1) and may make payments under this section in respect of any of the crimes out of the account.  2005, c. 33, s. 17 (3). Section Amendments with date in force (d/m/y) 2005, c. 33, s. 17 (1-3)
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