jswizzle3737/ontario_laws_and_regs huggingface dataset:
Definitions
1 In this Act, “books and records” means books, records and information that are in any form, including printed form, electronic form and film; (“livres et registres”) “business day” means a day other than Saturday or a holiday; (“jour ouvrable”) “Crown” means Her Majesty in right of Ontario and includes the Ontario Financing Authority; (“Couronne”) “demand deposit” means a deposit that is repayable to the depositor on demand or within a specified period of time following demand, and includes any interest that has accrued and has not been paid; (“dépôt à vue”) “deposit” means money on deposit and includes the assets of a home ownership savings plan; (“dépôt”) “home ownership savings plan” means an Ontario home ownership savings plan established under the Ontario Home Ownership Savings Plan Act; (“régime d’épargne-logement”) “maturity date” means, with respect to a term deposit that is transferred by the Crown to a transferee under an agreement authorized by section 2, the date of maturity of the term deposit that is determined, without regard for renewals or rollovers that may occur after the transfer, as of the day the term deposit is transferred; (“date d’échéance”) “Minister” means the Minister of Finance; (“ministre”) “prescribed” means prescribed by the regulations made under this Act; (“prescrit”) “Province of Ontario Savings Office” means the savings offices and agencies operated by the Ontario Financing Authority under the authority of clause 30 (1) (b) of the Capital Investment Plan Act, 1993; (“Caisse d’épargne de l’Ontario”) “term deposit” means a deposit that bears interest at a fixed rate and has a fixed term, and includes interest that has accrued and has not been paid; (“dépôt à terme”) “transferee” means a person with whom the Minister has entered into an agreement for the transfer of any or all deposits maintained at the Province of Ontario Savings Office and includes an assignee of the transferee’s rights and obligations under the agreement if the Minister approves the assignment to the assignee. (“destinataire du transfert”)  2002, c. 8, Sched. H, s. 1.
Transfer of deposit
2 (1) The Minister may, (a)  enter into one or more agreements for the transfer and payment of one or more deposits maintained at the Province of Ontario Savings Office and recorded in the books and records of the Province of Ontario Savings Office at the time of the transfer, on such terms and conditions and with such transferees as the Minister may determine; and (b)  pay from the Consolidated Revenue Fund to each transferee with whom the Minister has entered into an agreement described in clause (a) such amount or amounts of money as the Minister considers necessary or appropriate to transfer the deposits to the transferee in accordance with the terms and conditions of the agreement.  2002, c. 8, Sched. H, s. 2 (1). No consent required (2) A transfer of a deposit referred to in subsection (1) may be carried out without the consent of the depositor.  2002, c. 8, Sched. H, s. 2 (2). Payment by issuing notes, etc. (3) The Minister may make a payment to a transferee under an agreement referred to in subsection (1) by the issue, from time to time, of notes, bonds or other evidences of indebtedness on such terms and conditions as the Minister may determine, and the principal amount and interest owing under the notes, bonds or other evidences of indebtedness shall be a charge on and payable out of the Consolidated Revenue Fund.  2002, c. 8, Sched. H, s. 2 (3). Agreement for administration of deposits (4) The Minister may enter into an agreement with any person, on such terms and conditions as the Minister considers appropriate, to provide for the administration of deposits maintained at the Province of Ontario Savings Office and may pay all costs, expenses and charges incurred in respect of the administration of deposits out of the Consolidated Revenue Fund.  2002, c. 8, Sched. H, s. 2 (4). Payment of deposits not transferred (5) The Minister may pay out of the Consolidated Revenue Fund any deposit that is not transferred pursuant to an agreement authorized by subsection (1) to the depositor, in accordance with the terms and conditions of the deposit and the regulations.  2002, c. 8, Sched. H, s. 2 (5).
Transfer of assets and liabilities
3 (1) The Minister may transfer to any person any rights, obligations, assets and liabilities, including agreements and intellectual property, relating to or used in connection with the Province of Ontario Savings Office, or any interest in them, on such terms and conditions as the Minister may determine.  2002, c. 8, Sched. H, s. 3 (1). Agreement assignable (2) An agreement referred to in subsection (1) that does not expressly prohibit assignment by the Minister, the Crown or an agent of the Crown shall be deemed to be assignable by the Minister pursuant to subsection (1) without the consent of any party to the agreement.  2002, c. 8, Sched. H, s. 3 (2). Other agreements, etc. (3) The Minister may enter into such other agreements, execute such documents and instruments, and do such other acts and things as the Minister considers necessary or advisable to effect a transfer or transaction authorized by this Act or otherwise to carry out the spirit and intent of this Act.  2002, c. 8, Sched. H, s. 3 (3).
Financial Administration Act, s. 28 not applicable
4 Section 28 of the Financial Administration Act does not apply to any transfer or transaction referred to in this Act or to any agreement entered into pursuant to this Act.  2002, c. 8, Sched. H, s. 4.
Demand deposits
5 The following rules apply if the Minister transfers a demand deposit maintained at the Province of Ontario Savings Office to a transferee pursuant to an agreement authorized by section 2: 1.  The Crown shall cease to be liable in respect of the demand deposit as of the end of the day on which the transfer takes place. 2.  The transferee shall become liable for the demand deposit as of the end of the day on which the transfer takes place and the demand deposit shall be deemed to be deposited with the transferee as of that time. 3.  The transferee may rely on the signing authority and account authorizations relating to the transferred demand deposit, as if they had been provided directly to the transferee, until such time as the depositor and the transferee agree otherwise.  2002, c. 8, Sched. H, s. 5.
Term deposits
6 (1) The following rules apply if the Minister transfers a term deposit maintained at the Province of Ontario Savings Office to a transferee pursuant to an agreement authorized by section 2: 1.  Subject to its obligations as a guarantor under section 8, the Crown shall cease to be liable in respect of the term deposit as of the end of the day on which the transfer takes place. 2.  The transferee shall become liable for the term deposit as of the end of the day on which the transfer takes place and the term deposit shall be deemed to be deposited with the transferee as of that time. 3.  The terms and conditions and maturity date of the term deposit shall not change as a result of the transfer. 4.  The transferee may rely on the signing authority and account authorizations relating to the term deposit as if they had been provided directly to the transferee, until such time as the depositor and the transferee agree otherwise. 5.  The transferee shall not exercise any right of set-off or combination with respect to the proceeds of the term deposit at any time before the 31st day after the maturity date or the date of termination of the term deposit.  2002, c. 8, Sched. H, s. 6 (1). Exception (2) Paragraph 5 of subsection (1) does not apply to a term deposit if, (a)  the depositor agrees in writing that the transferee may exercise a right of set-off or combination with respect to the proceeds of the term deposit; (b)  the right of set-off or combination is with respect to a claim that arises after the day the term deposit is transferred to the transferee; or (c)  the principal amount of the term deposit is increased after the term deposit is transferred and the right of set-off or combination relates only to the amount of the increase.  2002, c. 8, Sched. H, s. 6 (2). Instructions on maturity (3) The transferee shall, unless instructed otherwise in writing by a depositor, carry out any instructions for the payment or deposit of the proceeds of the term deposit that were previously given by the depositor to the Province of Ontario Savings Office, but shall not carry out any instructions given previously to the Province of Ontario Savings Office with respect to automatic renewals or rollovers.  2002, c. 8, Sched. H, s. 6 (3). Same (4) No cause of action arises as a direct or indirect result of a transferee complying with subsection (3).  2002, c. 8, Sched. H, s. 6 (4).
Home ownership savings plans
7 (1) The following applies if the Minister transfers a deposit that constitutes the assets of a home ownership savings plan maintained at a Province of Ontario Savings Office to a transferee pursuant to an agreement authorized by section 2: 1.  The assets comprising the home ownership savings plan shall be transferred directly to the transferee as of the end of the day on which the transfer of the home ownership savings plan takes place and the assets shall include all interest accrued to the end of that day. 2.  The transfer of assets described in paragraph 1 shall be deemed to be on behalf of and at the direction of the planholder. 3.  The transferee shall be deemed to be a replacement depositary within the meaning of the Ontario Home Ownership Savings Plan Act, with the consequences stipulated in section 8 of that Act, as of the end of the day on which the transfer of the assets of the home ownership savings plan takes place. 4.  The Crown shall cease to be liable in respect of the home ownership savings plan as of the end of the day on which the transfer takes place. 5.  The transferee may rely on the signing authority and account authorizations relating to the home ownership savings plan, as if they had been provided directly to the transferee, until such time as the planholder and the transferee agree otherwise.  2002, c. 8, Sched. H, s. 7 (1). No consent required (2) Despite section 8 of the Ontario Home Ownership Savings Plan Act, a transfer of the assets of a home ownership savings plan described in subsection (1) does not require the consent or direction of the planholder.  2002, c. 8, Sched. H, s. 7 (2). Definition (3) In this section, “planholder” means, in respect of a home ownership savings plan, the planholder of the home ownership savings plan under the Ontario Home Ownership Savings Plan Act.  2002, c. 8, Sched. H, s. 7 (3).
No action against the Crown, etc.
10 Repealed: 2017, c. 2, Sched. 3, s. 9. Section Amendments with date in force (d/m/y) 2017, c. 2, Sched. 3, s. 9 - 22/03/2017
Credit unions
11 (1) Despite any provision of the Credit Unions and Caisses Populaires Act, 2020, a transferee incorporated under that Act may, for the purposes of a transfer or other agreement under this Act, (a)  administer, on behalf of the Crown, some or all of the deposits maintained at the Province of Ontario Savings Office; (b)  receive and maintain deposits from depositors whose deposits were transferred to the transferee pursuant to this Act, whether or not the depositors are members of the credit union, so long as they remain depositors continuously; (c)  assume from the Crown some or all of the liability to repay deposits; (d)  promote merchandise and services to depositors of deposits transferred pursuant to this Act in the same manner as it may promote merchandise and services to its members; and (e)  act as a depositary for the purposes of the Ontario Home Ownership Savings Plan Act with respect to home ownership savings plans transferred to it by the Minister pursuant to this Act. 2002, c. 8, Sched. H, s. 11 (1); 2020, c. 36, Sched. 7, s. 333. Deemed depositors of the credit union (2) Depositors of deposits transferred by the Minister to a credit union pursuant to this Act shall be deemed to be depositors of the credit union for the purposes of the Credit Unions and Caisses Populaires Act, 2020. 2002, c. 8, Sched. H, s. 11 (2); 2020, c. 36, Sched. 7, s. 333. Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 7, s. 333 - 01/03/2022
Notice
12 (1) The Ontario Financing Authority shall give a depositor not less than 30 days notice before the Minister effects a transfer of his or her deposit pursuant to an agreement authorized by section 2.  2002, c. 8, Sched. H, s. 12 (1). Ordinary mail (2) Any notice required or permitted by this Act, or by the Freedom of Information and Protection of Privacy Act in respect of anything under this Act, shall be deemed to have been given if sent by ordinary mail to the last address of the addressee according to the books and records of the Province of Ontario Savings Office.  2002, c. 8, Sched. H, s. 12 (2). When notice received (3) Any notice given under this Act shall be deemed to have been received on the fifth business day after the day it is mailed.  2002, c. 8, Sched. H, s. 12 (3).
Transfer of books and records
13 (1) The Minister, the Ontario Financing Authority or any other person who has custody or control of any books or records maintained or used in connection with the operation of the Province of Ontario Savings Office may, without the consent of any person and without notice to any person, transfer ownership, custody or control of the books and records, or disclose or provide access to the books and records, to a person with whom the Crown has entered into an agreement authorized by section 2.  2002, c. 8, Sched. H, s. 13 (1). Same (2) A transfer or disclosure of books and records under subsection (1) shall be deemed to be undertaken for the purpose of complying with this Act.  2002, c. 8, Sched. H, s. 13 (2). Collection of personal information (3) The Minister is authorized to collect personal information directly or indirectly from a transferee for the purposes of exercising the Crown’s rights and performing the Crown’s obligations under this Act.  2002, c. 8, Sched. H, s. 13 (3). Freedom of Information and Protection of Privacy Act not applicable (4) The Freedom of Information and Protection of Privacy Act and the regulations under that Act shall not apply, (a)  to the books and records transferred under this section, after the books and records are transferred; (b)  to books and records created by a transferee or by a person pursuant to an agreement entered into with the Minister under subsection 2 (4), after the day the agreement takes effect; or (c)  to the contents of safety deposit boxes that are transferred to a transferee under section 9, after the transfer, or to the disposal of the contents of safety deposit boxes referred to in that section that are removed by the Crown.  2002, c. 8, Sched. H, s. 13 (4).
Conflict
14 The provisions of this Act prevail over, (a)  provisions of another Act or a regulation, unless the other Act specifically states that it prevails over the provisions of this Act; and (b)  a provision in an agreement, whether the agreement was entered into before or after this section comes into force.  2002, c. 8, Sched. H, s. 14.
Deemed interest rate
15 A reference to an interest rate paid or payable by the Province of Ontario Savings Office in a regulation made under an Act or in an order made by the Lieutenant Governor in Council shall be deemed to be a reference to a rate of interest established by the Ontario Financing Authority as a proxy for that rate.  2002, c. 8, Sched. H, s. 15.
Deemed statutory compliance
16 If, in compliance with or as permitted by an Act or regulation, money is deposited in a term deposit maintained at the Province of Ontario Savings Office and the term deposit is transferred to a transferee pursuant to an agreement authorized by section 2, the transferred term deposit shall be deemed to be deposited in compliance with or as permitted by the Act or regulation until it matures or is terminated.  2002, c. 8, Sched. H, s. 16.
Regulations
17 The Lieutenant Governor in Council may make regulations, (a)  defining any word or expression used in this Act but not defined in this Act; (b)  prescribing Acts or regulations that do not apply to a transfer or agreement under this Act; (c)  governing the process for determining which deposits with the Province of Ontario Savings Office are unclaimed deposits and governing the administration, payment or disposition of them; (d)  prescribing any matter which may be prescribed under this Act; (e)  governing the transfer of assets, liabilities, rights and obligations under this Act; (f)  governing the payment of deposits that are not transferred under an agreement authorized by section 2; (g)  governing the administration and adjudication of claims made against the Crown under the guarantee provided in section 8; (h)  prescribing the rules for determining an amount in respect of loss of future interest on a term deposit for the purposes of clause 8 (3) (c); (i)  respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the intent of this Act.  2002, c. 8, Sched. H, s. 17. 18 Omitted (provides for coming into force of provisions of this Act).  2002, c. 8, Sched. H, s. 18. 19 Omitted (enacts short title of this Act).  2002, c. 8, Sched. H, s. 19. ______________  Français
Regulations
18 Omitted (provides for coming into force of provisions of this Act).  2002, c. 8, Sched. H, s. 18. 19 Omitted (enacts short title of this Act).  2002, c. 8, Sched. H, s. 19. ______________  Français
Regulations
19 Omitted (enacts short title of this Act).  2002, c. 8, Sched. H, s. 19. ______________  Français