jswizzle3737/ontario_laws_and_regs huggingface dataset:
142 (1) On application, the Superior Court of Justice may by order grant any relief in respect of a matter arising under this Act that the applicant would be entitled to in an application for an order in the nature of habeas corpus.  R.S.O. 1990, c. P.33, s. 142 (1); 2000, c. 26, Sched. A, s. 13 (5). Procedure on application for relief in nature of habeas corpus (2) Notice of an application under subsection (1) for relief in the nature of habeas corpus shall be served upon the person having custody of the person in respect of whom the application is made and upon the Attorney General and upon the hearing of the application the presence before the court of the person in respect of whom the application was made may be dispensed with by consent, in which event the court may proceed to dispose of the matter forthwith as the justice of the case requires.  R.S.O. 1990, c. P.33, s. 142 (2). Idem (3) Subject to subsections (1) and (2), the Habeas Corpus Act applies to applications under this section, but an application for relief in the nature of certiorari may be brought in aid of an application under this section.  R.S.O. 1990, c. P.33, s. 142 (3). Idem (4) The Judicial Review Procedure Act does not apply to matters in respect of which an application may be made under section 140.  R.S.O. 1990, c. P.33, s. 142 (4). Costs (5) A court to which an application or appeal is made under section 140 or this section may make any order with respect to costs that it considers just and reasonable.  R.S.O. 1990, c. P.33, s. 142 (5). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. A, s. 13 (5) - 6/12/2000 PART VIII   ARREST, BAIL AND SEARCH Warrants Arrest
143 In this Part, “officer in charge” means the police officer who is in charge of the lock-up or other place to which a person is taken after his or her arrest.  R.S.O. 1990, c. P.33, s. 143.
144 (1) A warrant for the arrest of a person shall be executed by a police officer by arresting the person against whom the warrant is directed wherever he or she is found in Ontario. Idem (2) A police officer may arrest without warrant a person for whose arrest he or she has reasonable and probable grounds to believe that a warrant is in force in Ontario.  R.S.O. 1990, c. P.33, s. 144.
145 Any person may arrest without warrant a person who he or she has reasonable and probable grounds to believe has committed an offence and is escaping from and freshly pursued by a police officer who has lawful authority to arrest that person, and, where the person who makes the arrest is not a police officer, shall forthwith deliver the person arrested to a police officer.  R.S.O. 1990, c. P.33, s. 145.
146 (1) Every police officer is, if he or she acts on reasonable and probable grounds, justified in using as much force as is necessary to do what the officer is required or authorized by law to do. Use of force by citizen (2) Every person upon whom a police officer calls for assistance is justified in using as much force as he or she believes on reasonable and probable grounds is necessary to render such assistance.  R.S.O. 1990, c. P.33, s. 146.
147 Where a person is wrongfully arrested, whether with or without a warrant, no action for damages shall be brought, (a)  against the police officer making the arrest if he or she believed in good faith and on reasonable and probable grounds that the person arrested was the person named in the warrant or was subject to arrest without warrant under the authority of an Act; (b)  against any person called upon to assist the police officer if such person believed that the police officer had the right to effect the arrest; or (c)  against any person required to detain the prisoner in custody if such person believed the arrest was lawfully made.  R.S.O. 1990, c. P.33, s. 147.
148 (1) It is the duty of every one who executes a process or warrant to have it with him or her, where it is feasible to do so, and to produce it when requested to do so. Notice of reason for arrest (2) It is the duty of every one who arrests a person, whether with or without warrant, to give notice to that person, where it is feasible to do so, of the reason for the arrest.  R.S.O. 1990, c. P.33, s. 148. Bail
149 (1) Where a police officer, acting under a warrant or other power of arrest, arrests a person, the police officer shall, as soon as is practicable, release the person from custody after serving him or her with a summons or offence notice unless the officer has reasonable and probable grounds to believe that, (a)  it is necessary in the public interest for the person to be detained, having regard to all the circumstances including the need to, (i)  establish the identity of the person, (ii)  secure or preserve evidence of or relating to the offence, or (iii)  prevent the continuation or repetition of the offence or the commission of another offence; or (b)  the person arrested is ordinarily resident outside Ontario and will not respond to a summons or offence notice. R.S.O. 1990, c. P.33, s. 149 (1); 2017, c. 34, Sched. 35, s. 25. Release by officer in charge (2) Where a defendant is not released from custody under subsection (1), the police officer shall deliver him or her to the officer in charge who shall, where in his or her opinion the conditions set out in clauses (1) (a) and (b) do not or no longer exist, release the defendant, (a)  upon serving the defendant with a summons or offence notice; (b)  upon the defendant entering into a recognizance in the prescribed form without sureties conditioned for his or her appearance in court. R.S.O. 1990, c. P.33, s. 149 (2). Cash bail by non-resident (3) Where the defendant is held for the reason only that he or she is not ordinarily resident in Ontario and it is believed that the defendant will not respond to a summons or offence notice, the officer in charge may, in addition to anything required under subsection (2), require the defendant to deposit cash or other satisfactory negotiable security in an amount not to exceed, (a)  where the proceeding is commenced by certificate under Part I or II, the amount of the set fine for the offence or, if none, $300; or (b)  where the proceeding is commenced by information under Part III, $500.  R.S.O. 1990, c. P.33, s. 149 (3). Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 35, s. 25 - 14/12/2017
151 (1) Where a defendant is not released from custody under section 149 or 150, he or she shall be brought before the court forthwith and, in any event, within eight days. Further orders (2) The justice presiding upon any appearance of the defendant in court may, upon the motion of the defendant or prosecutor, review any order made under section 150 and make such further or other order under section 150 as to the justice seems appropriate in the circumstances.  R.S.O. 1990, c. P.33, s. 151.
152 A defendant or the prosecutor may appeal from an order or refusal to make an order under section 150 or 151 and the appeal shall be to the Superior Court of Justice.  R.S.O. 1990, c. P.33, s. 152; 2000, c. 26, Sched. A, s. 13 (5). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. A, s. 13 (5) - 6/12/2000 Accounting for deposit, recognizance, etc.
153 (1) A person who is released upon deposit under subsection 149 (3) or clause 150 (2) (c) may appoint the clerk of the court to act as the person’s agent, in the event that he or she does not appear to answer to the charge, for the purpose of entering a plea of guilty on the person’s behalf and authorizing the clerk to apply the amount so deposited toward payment of the fine and costs imposed by the court upon the conviction, and the clerk shall act as agent under this subsection without fee.  R.S.O. 1990, c. P.33, s. 153 (1); 2006, c. 21, Sched. C, s. 131 (20). Returns to court (2) An officer in charge or justice who takes a recognizance, money or security under section 149 or 150 shall make a return thereof to the court.  R.S.O. 1990, c. P.33, s. 153 (2). Returns to sureties (3) The clerk of the court shall, upon the conclusion of a proceeding, make a financial return to every person who deposited money or security under a recognizance and return the surplus, if any.  R.S.O. 1990, c. P.33, s. 153 (3). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. C, s. 131 (20) - 01/05/2007
154 (1) The recognizance of a person to appear in a proceeding binds the person and the person’s sureties in respect of all appearances required in the proceeding at times and places to which the proceeding is adjourned. Recognizance binds independently of other charges (2) A recognizance is binding in respect of appearances for the offence to which it relates and is not vacated upon the arrest, discharge or conviction of the defendant upon another charge. Liability of principal (3) The principal to a recognizance is bound for the amount of the recognizance due upon forfeiture. Liability where sureties (4) The principal and each surety to a recognizance are bound, jointly and severally, for the amount of the recognizance due upon forfeiture for non-appearance.  R.S.O. 1990, c. P.33, s. 154.
155 (1) A surety to a recognizance may, on motion in writing to the court at the location where the defendant is required to appear, ask to be relieved of the surety’s obligation under the recognizance and the court shall thereupon issue a warrant for the arrest of the defendant. Certificate of arrest (2) When a police officer arrests the defendant under a warrant issued under subsection (1), he or she shall bring the defendant before a justice under section 150 and certify the arrest by certificate in the prescribed form and deliver the certificate to the court. Vacating of recognizance (3) The receipt of the certificate by the court under subsection (2) vacates the recognizance and discharges the sureties.  R.S.O. 1990, c. P.33, s. 155.
156 A surety to a recognizance may discharge the surety’s obligation under the recognizance by delivering the defendant into the custody of the court at the location where he or she is required to appear at any time while it is sitting at or before the trial of the defendant.  R.S.O. 1990, c. P.33, s. 156.
157 (1) Where a person who is bound by recognizance does not comply with a condition of the recognizance, a justice having knowledge of the facts shall endorse on the recognizance a certificate in the prescribed form setting out, (a)  the nature of the default; (b)  the reason for the default, if it is known; (c)  whether the ends of justice have been defeated or delayed by reason of the default; and (d)  the names and addresses of the principal and sureties.  R.S.O. 1990, c. P.33, s. 157 (1). Certificate as evidence (2) A certificate that has been endorsed on a recognizance under subsection (1) is evidence of the default to which it relates.  R.S.O. 1990, c. P.33, s. 157 (2). Motion for forfeiture (3) The clerk of the court shall transmit the endorsed recognizance to the local registrar of the Superior Court of Justice and, upon its receipt, the endorsed recognizance constitutes a motion for the forfeiture of the recognizance.  R.S.O. 1990, c. P.33, s. 157 (3); 2000, c. 26, Sched. A, s. 13 (5). Notice of hearing (4) A judge of the Superior Court of Justice shall fix a time and place for the hearing of the motion by the court and the local registrar of the court shall, not less than ten days before the time fixed for the hearing, deliver notice to the prosecutor and to each principal and, where the motion is for forfeiture for non-appearance, each surety named in the recognizance, of the time and place fixed for the hearing and requiring each principal and surety to show cause why the recognizance should not be forfeited.  R.S.O. 1990, c. P.33, s. 157 (4); 2000, c. 26, Sched. A, s. 13 (5). Order as to forfeiture (5) The Superior Court of Justice may, after giving the parties an opportunity to be heard, in its discretion grant or refuse the motion and make any order in respect of the forfeiture of the recognizance that the court considers proper.  R.S.O. 1990, c. P.33, s. 157 (5); 2000, c. 26, Sched. A, s. 13 (5). Collection on forfeiture (6) Where an order for forfeiture is made under subsection (5), (a)  any money or security forfeited shall be paid over by the person who has custody of it to the person who is entitled by law to receive it; and (b)  the principal and surety become judgment debtors of the Crown jointly and severally in the amount forfeited under the recognizance and the amount may be collected in the same manner as money owing under a judgment of the Superior Court of Justice.  R.S.O. 1990, c. P.33, s. 157 (6); 2000, c. 26, Sched. A, s. 13 (5). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. A, s. 13 (5) - 6/12/2000 Search Warrants
158 (1) A justice may at any time issue a warrant under his or her hand if the justice is satisfied by information upon oath that there are reasonable grounds to believe that there is in any place, (a)  anything on or in respect of which an offence has been or is suspected to have been committed; or (b)  anything that there are reasonable grounds to believe will afford evidence as to the commission of an offence.  2002, c. 18, Sched. A, s. 15 (2). Same (1.1) The search warrant authorizes a police officer or person named in the warrant, (a)  to search the place named in the information for any thing described in clause (1) (a) or (b); and (b)  to seize the thing and deal with it in accordance with section 158.2.  2002, c. 18, Sched. A, s. 15 (2). Expiration (2) Every search warrant shall name a date upon which it expires, which date shall be not later than fifteen days after its issue.  R.S.O. 1990, c. P.33, s. 158 (2). When to be executed (3) Every search warrant shall be executed between 6 a.m. and 9 p.m. standard time, unless the justice by the warrant otherwise authorizes.  R.S.O. 1990, c. P.33, s. 158 (3). Definition (4) In this section and in section 158.1, “place” includes a building and a receptacle.  2002, c. 18, Sched. A, s. 15 (3). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. A, s. 15 (2, 3) - 30/06/2008 Electronic warrants
158.2 (1) Subsection (2) applies when, (a)  a person has, under a warrant issued under this or any other Act or otherwise in the performance of his or her duties under an Act, seized any thing, (i)  upon or in respect of which an offence has been or is suspected to have been committed, or (ii)  that there are reasonable grounds to believe will afford evidence as to the commission of an offence; and (b)  no procedure for dealing with the thing is otherwise provided by law.  2006, c. 19, Sched. B, s. 15 (2). Same (2) The person shall, as soon as is practicable, take the following steps: 1.  The person shall determine whether the continued detention of the thing is required for the purposes of an investigation or proceeding. 2.  If satisfied that continued detention is not required as mentioned in paragraph 1, the person shall, i.  return the thing, on being given a receipt for it, to the person lawfully entitled to its possession, and ii.  report to a justice about the seizure and return of the thing. 3.  If paragraph 2 does not apply, the person shall, i.  bring the thing before a justice, or ii.  report to a justice about the seizure and detention of the thing.  2006, c. 19, Sched. B, s. 15 (2); 2017, c. 34, Sched. 35, s. 24. Section Amendments with date in force (d/m/y) 2002, c. 18, Sch. A, s. 15 (4) - 30/06/2008 2006, c. 19, Sched. B, s. 15 (2) - 30/06/2008 2017, c. 34, Sched. 35, s. 24 - 14/12/2017
159 (1) When, under paragraph 3 of subsection 158.2 (2), a thing that has been seized is brought before a justice or a report in respect of it is made to a justice, he or she shall, by order, (a)  detain the thing or direct it to be detained in the care of a person named in the order; or (b)  direct it to be returned.  2002, c. 18, Sched. A, s. 15 (5); 2006, c. 19, Sched. B, s. 15 (3). Detention pending appeal, etc. (1.0.1) A direction to return seized items does not take effect for 30 days and does not take effect during any application made or appeal taken in respect of the thing.  2009, c. 33, Sched. 4, s. 1 (61). Same (1.1) The justice may, in the order, (a)  authorize the examination, testing, inspection or reproduction of the thing seized, on the conditions that are reasonably necessary and are directed in the order; and (b)  make any other provision that, in his or her opinion, is necessary for the preservation of the thing.  2002, c. 18, Sched. A, s. 15 (5). Time limit for detention (2) Nothing shall be detained under an order made under subsection (1) for a period of more than three months after the time of seizure unless, before the expiration of that period, (a)  upon motion, a justice is satisfied that having regard to the nature of the investigation, its further detention for a specified period is warranted and he or she so orders; or (b)  a proceeding is instituted in which the thing detained may be required.  R.S.O. 1990, c. P.33, s. 159 (2). Motion for examination and copying (3) Upon the motion of the defendant, prosecutor or person having an interest in a thing detained under subsection (1), a justice may make an order for the examination, testing, inspection or reproduction of any thing detained upon such conditions as are reasonably necessary and directed in the order.  R.S.O. 1990, c. P.33, s. 159 (3). Motion for release (4) Upon the motion of a person having an interest in a thing detained under subsection (1), and upon notice to the defendant, the person from whom the thing was seized, the person to whom the search warrant was issued and any other person who has an apparent interest in the thing detained, a justice may make an order for the release of any thing detained to the person from whom the thing was seized where it appears that the thing detained is no longer necessary for the purpose of an investigation or proceeding.  R.S.O. 1990, c. P.33, s. 159 (4). Appeal where order by justice of the peace (5) Where an order or refusal to make an order under subsection (3) or (4) is made by a justice of the peace, an appeal lies therefrom in the same manner as an appeal from a conviction in a proceeding commenced by means of a certificate.  R.S.O. 1990, c. P.33, s. 159 (5). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. A, s. 15 (5) - 30/06/2008 2006, c. 19, Sched. B, s. 15 (3) - 30/06/2008 2009, c. 33, Sched. 4, s. 1 (61) - 15/06/2010
160 (1) Where under a search warrant a person is about to examine or seize a document that is in the possession of a lawyer and a solicitor-client privilege is claimed on behalf of a named client in respect of the document, the person shall, without examining or making copies of the document, (a)  seize the document and place it, together with any other document seized in respect of which the same claim is made on behalf of the same client, in a package and seal and identify the package; and (b)  place the package in the custody of the clerk of the court or, with the consent of the person and the client, in the custody of another person. Opportunity to claim privilege (2) No person shall examine or seize a document that is in the possession of a lawyer without giving him or her a reasonable opportunity to claim the privilege under subsection (1). Examination of documents in custody (3) A judge may, upon the motion made without notice of the lawyer, by order authorize the lawyer to examine or make a copy of the document in the presence of its custodian or the judge, and the order shall contain such provisions as are necessary to ensure that the document is repackaged and resealed without alteration or damage. Motion to determine privilege (4) Where a document has been seized and placed in custody under subsection (1), the client by or on whose behalf the claim of solicitor-client privilege is made may make a motion to a judge for an order sustaining the privilege and for the return of the document. Limitation (5) A motion under subsection (4) shall be by notice of motion naming a hearing date not later than thirty days after the date on which the document was placed in custody. Attorney General a party (6) The person who seized the document and the Attorney General are parties to a motion under subsection (4) and entitled to at least three days notice thereof. Private hearing and scrutiny by judge (7) A motion under subsection (4) shall be heard in private and, for the purposes of the hearing, the judge may examine the document and, if he or she does so, shall cause it to be resealed. Order (8) The judge may by order, (a)  declare that the solicitor-client privilege exists or does not exist in respect of the document; (b)  direct that the document be delivered up to the appropriate person. Release of document where no motion under subs. (4) (9) Where it appears to a judge upon the motion of the Attorney General or person who seized the document that no motion has been made under subsection (4) within the time limit prescribed by subsection (5), the judge shall order that the document be delivered to the applicant.  R.S.O. 1990, c. P.33, s. 160. PART IX   ORDERS ON APPLICATION UNDER STATUTES
161 Where, by any other Act, a proceeding is authorized to be taken before the Ontario Court of Justice or a justice for an order, including an order for the payment of money, and no other procedure is provided, this Act applies with necessary modifications to the proceeding in the same manner as to a proceeding commenced under Part III, and for the purpose, (a)  in place of an information, the applicant shall complete a statement in the prescribed form under oath attesting, on reasonable and probable grounds, to the existence of facts that would justify the order sought; and (b)  in place of a plea, the defendant shall be asked whether or not the defendant wishes to dispute the making of the order.  R.S.O. 1990, c. P.33, s. 161; 2000, c. 26, Sched. A, s. 13 (6). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. A, s. 13 (6) - 6/12/2000 PART X 
AGREEMENTS WITH MUNICIPALITIES CONCERNING ADMINISTRATIVE FUNCTIONS AND PROSECUTIONS
161.1 In this Part, “transfer agreement” means an agreement under subsection 162 (1).  2002, c. 17, Sched. C, s. 23 (1). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. C, s. 23 (1) - 01/01/2003
162 (1) The Attorney General and a municipality may enter into an agreement with respect to a specified area, authorizing the municipality to, (a)  perform courts administration and court support functions, including the functions of the clerk of the court, for the purposes of this Act and the Contraventions Act (Canada); and (b)  conduct prosecutions, (i)  in proceedings commenced under this Act, and (ii)  in proceedings under the Contraventions Act (Canada) that are commenced under this Act. 2017, c. 34, Sched. 35, s. 21. Application of cl. (1) (a) (2) Clause (1) (a) also applies to the functions assigned to the clerk of the court by any other Act. Performance standards and sanctions (3) Performance standards and sanctions shall be specified in the agreement; the municipality shall meet the standards and is subject to the sanctions for failure to meet them. Definition (4) In subsection (3), “performance standards” includes standards for the conduct of prosecutions, for the administration of the courts and for the provision of court support services.  1998, c. 4, s. 1 (2). Section Amendments with date in force (d/m/y) 1998, c. 4, s. 1 (2) - 11/06/1998 2017, c. 34, Sched. 35, s. 21 - 14/12/2017
163 A transfer agreement may specify an area that includes territory outside the municipality.  1998, c. 4, s. 1 (2); 2002, c. 17, Sched. C, s. 23 (2). Section Amendments with date in force (d/m/y) 1998, c. 4, s. 1 (2) - 11/06/1998 2002, c. 17, Sched. C, s. 23 (2) - 01/01/2003 Evidence and effect of agreement
164 (1) When the Attorney General and a municipality have entered into a transfer agreement, a copy of the agreement shall be deposited with the clerk of the municipality and with the clerk of any other municipality that has jurisdiction in the specified area.  1998, c. 4, s. 1 (2); 2002, c. 17, Sched. C, s. 23 (3). Judicial notice (2) Judicial notice shall be taken of the agreement without the agreement or its deposit being specially pleaded or proved.  1998, c. 4, s. 1 (2). Non-compliance (3) No proceeding is invalidated by reason only of a person’s failure to comply with the agreement.  1998, c. 4, s. 1 (2). Fair hearing (4) Without limiting the generality of subsection (3), that subsection does not preserve the validity of the proceeding if the failure to comply with the agreement results in prejudice to the defendant’s right to a fair hearing.  1998, c. 4, s. 1 (2). Section Amendments with date in force (d/m/y) 1998, c. 4, s. 1 (2) - 11/06/1998 2002, c. 17, Sched. C, s. 23 (3) - 01/01/2003
165.1 (1) In this section, “local board” has the same meaning as in the Municipal Affairs Act, but does not include a school board or a hospital board.  1997, c. 30, Sched. D, s. 17. Special rules (2) When a transfer agreement is in effect, the special rules set out in subsection (3) apply to a proceeding if, (a)  the proceeding is under Part I or III; and (b)  the defendant is a municipality or one of its local boards.  1997, c. 30, Sched. D, s. 17; 2002, c. 17, Sched. C, s. 23 (8). Same (3) The special rules referred to in subsection (2) are: 1.  The fine is payable to the Minister of Finance and not to the municipality, despite subsection 165 (4). 2.  The prosecutor may elect to collect and enforce the fine instead of the municipality, despite subsection 165 (1) and the provisions of the agreement relating to collection and enforcement. 3.  Notice of the election shall be given to the municipal representative named in the agreement for the purpose, or if none is named, to the clerk of the court.  1997, c. 30, Sched. D, s. 17. Section Amendments with date in force (d/m/y) 1997, c. 30, Sched. D, s. 17 - 11/06/1998 2002, c. 17, Sched. C, s. 23 (8) - 01/01/2003
166 A transfer agreement may, (a)  authorize the municipality to collect and enforce the payment of fines that were imposed before the agreement’s effective date; and (b)  provide in what proportions and in what manner the amounts collected are to be shared between the municipality and the Minister of Finance.  1998, c. 4, s. 1 (2); 2002, c. 17, Sched. C, s. 23 (9). Section Amendments with date in force (d/m/y) 1998, c. 4, s. 1 (2) - 11/06/1998 2002, c. 17, Sched. C, s. 23 (9) - 01/01/2003
167 (1) When a transfer agreement is in effect, the following rules apply: 1.  The clerk of the court may be a municipal employee. 2.  Subject to section 29, the court may sit in the location designated by the municipality, which need not be in premises operated by the Province of Ontario for court purposes. 3.  The court office shall be in the location designated by the municipality. 4.  Despite anything else in this Act, the municipality shall not without the Attorney General’s written consent, obtained in advance, assign to a person other than its own employee a function that the agreement gives to the municipality.  1998, c. 4, s. 1 (2); 2002, c. 17, Sched. C, s. 23 (10). (2) Repealed: 2017, c. 34, Sched. 35, s. 22. Section Amendments with date in force (d/m/y) 1998, c. 4, s. 1 (2) - 11/06/1998 2002, c. 17, Sched. C, s. 23 (10) - 01/01/2003 2017, c. 34, Sched. 35, s. 22 - 14/12/2017
168 A transfer agreement does not affect the Attorney General’s right to intervene in a proceeding and assume the role of prosecutor at any stage, including on appeal.  1998, c. 4, s. 1 (2); 2002, c. 17, Sched. C, s. 23 (11). Section Amendments with date in force (d/m/y) 1998, c. 4, s. 1 (2) - 11/06/1998 2002, c. 17, Sched. C, s. 23 (11) - 01/01/2003
169 A municipality that acts under a transfer agreement does not do so as an agent of the Crown in right of Ontario or of the Attorney General.  1998, c. 4, s. 1 (2); 2002, c. 17, Sched. C, s. 23 (12). Section Amendments with date in force (d/m/y) 1998, c. 4, s. 1 (2) - 11/06/1998 2002, c. 17, Sched. C, s. 23 (12) - 01/01/2003
170 (1) No proceeding shall be commenced against any person for an act done in good faith in the performance or intended performance of a function under a transfer agreement or for an alleged neglect or default in the performance in good faith of such a function.  1998, c. 4, s. 1 (2); 2002, c. 17, Sched. C, s. 23 (13). Municipality not relieved of liability (2) Subsection (1) does not relieve a municipality of liability in respect of a tort committed by a person referred to in subsection (1) to which the municipality would otherwise be subject.  1998, c. 4, s. 1 (2). Section Amendments with date in force (d/m/y) 1998, c. 4, s. 1 (2) - 11/06/1998 2002, c. 17, Sched. C, s. 23 (13) - 01/01/2003 Revocation or suspension of agreement
171 (1) When a transfer agreement is in effect, the Attorney General may make an order directing the municipality to comply with the agreement within a specified time.  1998, c. 4, s. 1 (2); 2002, c. 17, Sched. C, s. 23 (14). Revocation or suspension (2) The Attorney General may revoke or suspend the agreement if the municipality does not comply with the order within the specified time.  1998, c. 4, s. 1 (2). Protection from personal liability (3) No proceeding for damages shall be commenced against the Attorney General or an employee of the Ministry of the Attorney General for anything done or omitted in good faith in connection with the revocation or suspension of a transfer agreement.  1998, c. 4, s. 1 (2); 2002, c. 17, Sched. C, s. 23 (15). Section Amendments with date in force (d/m/y) 1998, c. 4, s. 1 (2) - 11/06/1998 2002, c. 17, Sched. C, s. 23 (14, 15) - 01/01/2003
172 A transfer agreement may provide for a review committee whose composition and functions are determined by regulation.  1998, c. 4, s. 1 (2); 2002, c. 17, Sched. C, s. 23 (16). Section Amendments with date in force (d/m/y) 1998, c. 4, s. 1 (2) - 11/06/1998 2002, c. 17, Sched. C, s. 23 (16) - 01/01/2003
173 (1) Unless a transfer agreement provides otherwise, the agreement applies in respect of a proceeding commenced under Part III regardless of when the proceeding was commenced, subject to subsection (2). 2017, c. 34, Sched. 35, s. 23. Exception (2) If either of the following applies with respect to a proceeding, the trial and disposition, including sentencing, shall be conducted as if there were no agreement: 1.  The trial is scheduled to begin within 60 days after the day on which the agreement begins applying to the proceeding. 2.  The trial began before the day the agreement begins applying to the proceeding, but the disposition, including sentencing, is not complete on that day. 2017, c. 34, Sched. 35, s. 23. Section Amendments with date in force (d/m/y) 1998, c. 4, s. 1 (2) - 11/06/1998 2002, c. 17, Sched. C, s. 23 (17) - 01/01/2003 2017, c. 34, Sched. 35, s. 23 - 14/12/2017
174 The Attorney General may, by regulation,  (a)  impose obligations in connection with a transfer agreement on a person who is not a party to the agreement; (b)  provide that fines governed by a transfer agreement may, for a transitional period after its effective date, be paid to the Minister of Finance; (c)  determine the composition and functions of a review committee for the purposes of section 172; (d)  provide for the effective implementation of transfer agreements.  1998, c. 4, s. 1 (2); 2002, c. 17, Sched. C, s. 23 (18-20). Section Amendments with date in force (d/m/y) 1998, c. 4, s. 1 (2) - 11/06/1998 2002, c. 17, Sched. C, s. 23 (18-20) - 01/01/2003
174.1 (1) A municipality has power to enter into and to perform a transfer agreement.  2002, c. 17, Sched. C, s. 23 (21). Employees and others (2) The functions given to a municipality by a transfer agreement or by an agreement under subsection (3) or (7) may be performed, (a)  by the municipality’s employees; (b)  by a combination of the municipality’s employees and the employees of another municipality, if the municipalities have an agreement under subsection (3) or (7); or (c)  by any other person, with the Attorney General’s consent, as described in subsection 175 (2).  2002, c. 17, Sched. C, s. 23 (21). Joint performance agreement between municipalities (3) A municipality that has entered into a transfer agreement may enter into an agreement with one or more other municipalities for the joint performance, by a joint board of management or otherwise, of the functions given to the first municipality by the transfer agreement.  2002, c. 17, Sched. C, s. 23 (21). Attorney General’s consent (4) The joint performance agreement requires the Attorney General’s written consent, obtained in advance.  2002, c. 17, Sched. C, s. 23 (21). Extra-territorial effect (5) The power to perform an agreement under subsection (3) may be exercised in an area outside the municipality’s territorial limits if that area forms part of the area specified in the agreement.  2002, c. 17, Sched. C, s. 23 (21). Intermunicipal agreements (6) Municipalities may enter into and perform intermunicipal agreements to implement a transfer agreement.  2002, c. 17, Sched. C, s. 23 (21). Further agreements (7) A municipality that has entered into a transfer agreement may enter into an agreement with one or more municipalities for the performance by the other municipality or municipalities of any of the functions given to the first municipality by the transfer agreement and the municipalities have the power to enter into and perform the agreement under this subsection.  2002, c. 17, Sched. C, s. 23 (21). Consent (8) An agreement entered into under subsection (7) requires the Attorney General’s written consent.  2002, c. 17, Sched. C, s. 23 (21). Extra-territorial effect (9) The power to perform an agreement under subsection (7) may be exercised in an area outside the municipality’s territorial limits.  2002, c. 17, Sched. C, s. 23 (21). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. C, s. 23 (21) - 01/01/2003
175 (1) Subject to subsection (2), a municipality has power to assign to any person a function that a transfer agreement gives to the municipality.  1998, c. 4, s. 1 (2); 2002, c. 17, Sched. C, s. 23 (22). Attorney General’s consent (2) An assignment to a person other than the municipality’s employee requires the Attorney General’s written consent, obtained in advance.  1998, c. 4, s. 1 (2). (3) Repealed:  2002, c. 17, Sched. C, s. 23 (23). Section Amendments with date in force (d/m/y) 1998, c. 4, s. 1 (2) - 11/06/1998 2002, c. 17, Sched. C, s. 23 (22, 23) - 01/01/2003
176 A transfer agreement may also be made with two or more municipalities, and in that case sections 162 to 175 apply with necessary modifications.  1998, c. 4, s. 1 (2); 2002, c. 17, Sched. C, s. 23 (24). Section Amendments with date in force (d/m/y) 1998, c. 4, s. 1 (2) - 11/06/1998 2002, c. 17, Sched. C, s. 23 (24) - 01/01/2003 ______________  Français