6 (1) On the application of the Attorney General, the Superior
Court of Justice shall, except where it would clearly not be in the interests of justice, make one or more of the orders described in subsection (2) if the court is satisfied that there are reasonable grounds to believe that, (a) money or other consideration is payable under a contract for recounting crime to a person charged with a designated crime or to the agent of a person charged with a designated crime; or (b) property that is the subject of the application is proceeds of a contract for recounting crime under which money or other consideration is payable to a person charged with a designated crime or to the agent of a person charged with a designated crime.  2002, c. 2, s. 6 (1). Orders (2) The orders referred to in subsection (1) are the following: 1. An order requiring a person who is required to pay money or other consideration under a contract for recounting crime to the person charged with a designated crime or the agent to instead pay it into court. 2. An order for the preservation, management or disposition of any property that is proceeds of a contract for recounting crime, including, i. an order restraining the disposition of the property, ii. an order for the possession, delivery or safekeeping of the property, iii. an order appointing a receiver or receiver and manager for the property, iv. an order for the sale or other disposition of the property if it is perishable or of a rapidly depreciating nature, v. an order to sever or partition any interest in the property or to require any interest in the property to be sold or otherwise disposed of, and for all or part of the proceeds of the severance, partition, sale or other disposition to be paid to the Crown in right of Ontario as compensation for its costs incurred in preserving, managing or disposing of the property and in enforcing or complying with any other order made under this subsection in respect of the property, vi. an order giving the Crown in right of Ontario a lien for an amount fixed by the court
on the property or on other property specified in the order to secure performance of an obligation imposed by another order made under this paragraph, or vii. an order that notice of the proceeding or of any order made under this subsection be registered in a land registry office against the property or any other property specified in the order. 3. Any other order that the court considers just.  2002, c. 2, s. 6 (2); 2005, c. 33, s. 16 (1). Application may be made without notice (3) An application under subsection (1) may be made without notice, subject to the right of a person affected by any order made under subsection (1) to move under the Rules of Civil Procedure to set aside or vary the order.  2002, c. 2, s. 6 (3). Order after prosecution determined (4) After the prosecution is finally determined, the court shall, on motion, (a) set aside any order made under subsection (1) and order that money or other consideration paid into court pursuant to any order made under subsection (1) be paid to the person to whom it would otherwise have been payable, if, (i) the result of the prosecution is that the person charged with a designated crime was not convicted of a designated crime, or (ii) the result of the prosecution is that the person charged with a designated crime was convicted of a designated crime but the Attorney General did not commence a proceeding under section 4 within 90 days after the prosecution was finally determined; or (b) if the result of the prosecution is that the person charged with a designated crime was convicted of a designated crime and the Attorney General commenced a proceeding under section 4 within 90 days after the prosecution was finally determined, direct that any order made under subsection (1) continue in force, subject to any order made in the proceeding commenced under section 4.  2002, c. 2, s. 6 (4). Liens on personal property (5) Subsection 5 (6) applies with necessary modifications if an order under subparagraph 2 vi of subsection (2) gives the Crown a lien on personal property.  2005, c. 33, s. 16 (2). Limitation period (6) An application under this section shall not be commenced after the 15th anniversary of the first payment under the alleged contract for recounting crime.  2002, c. 2, s. 6 (6). Assignment of duties to Director (7) When the Attorney General requests it, the court making an order under paragraph 2 of subsection (2) shall assign any duties in respect of the property to the Director.  2005, c. 33, s. 16 (3). On-going management of property (8) If an order is made under paragraph 2 of subsection (2) assigning a person other than the Director any duties in respect of the property, the person may do anything the court authorizes, either in that order or in an order made under subsection (9), for the on-going management or operation of the property before its final disposition, including, (a) complying with the terms of any other order to which the property is subject, including an order to comply with environmental, industrial, labour or property standards or to pay taxes, utility charges or other charges; (b) making improvements to the property to maintain its economic value; or (c) pledging, hypothecating, mortgaging or otherwise using the property as security.  2005, c. 33, s. 16 (3). Same (9) On motion, on notice to all of the parties to the proceeding, by a person described in subsection (8), the court may make an order authorizing the person to take any action that the court considers just for the on-going management or operation of the property before its final disposition.  2005, c. 33, s. 16 (3). Section Amendments with date in force (d/m/y) 2005, c. 33, s. 16 (1-3)
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