19 (1) Despite the Financial Administration Act, the fees payable to the Commission under the Securities Act or the Commodity Futures Act, the revenue from the exercise of a power or the performance of a duty or function given to the Commission under those Acts, and the investments held by the Commission do not form part of the Consolidated Revenue Fund and, subject to this section, shall be applied to carrying out the powers, duties and functions given to the Commission under this or any other Act. 2021, c. 8, Sched. 9, s. 19 (1). Exceptions (2) The Commission shall pay into the Consolidated Revenue Fund money received by the Commission pursuant to an order under paragraph 9 or 10 of subsection 127 (1) of the Securities Act or paragraph 9 or 10 of subsection 60 (1) of the Commodity Futures Act or as a payment to settle enforcement proceedings commenced by the Commission, other than, (a) money to reimburse the Commission for costs incurred to enforce an order of the Tribunal or for costs to be incurred for that purpose; (b) money that the Commission allocates, (i) to or for the benefit of third parties, (ii) for use, by the Commission or third parties, for the purpose of educating investors or promoting or otherwise enhancing knowledge and information of persons regarding the operation of the securities and financial markets, or (iii) for any other purpose specified in the regulations; (c) previously designated money that the Commission allocates for a purpose described in clause (a) or (b); or (d) previously designated money that the Commission allocates for any additional purpose specified in the regulations. 2021, c. 40, Sched. 19, s. 3. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 19 (2) of the Act is repealed and the following substituted: (See: 2023, c. 21, Sched. 11, s. 1) Exceptions (2) The Commission shall pay into the Consolidated Revenue Fund money received by the Commission pursuant to an order under paragraph 9 of subsection 127 (1) of the Securities Act or paragraph 9 of subsection 60 (1) of the Commodity Futures Act, money received as payment to settle enforcement proceedings commenced by the Commission, and money described in subsections 128.1 (14) and (15) of the Securities Act or subsections 60.2.1 (14) and (15) of the Commodity Futures Act, other than, (a) money to reimburse the Commission for costs incurred to enforce an order of the Tribunal or for costs to be incurred for that purpose; (b) money that the Commission allocates, (i) to or for the benefit of third parties, (ii) for use, by the Commission or third parties, for the purpose of educating investors or promoting or otherwise enhancing knowledge and information of persons regarding the operation of the securities and financial markets, (iii) for use to pay administrative costs in relation to the distribution of disgorged amounts in accordance with subsection 128.1 (9) or (12) of the Securities Act or subsection 60.2.1 (9) or (12) of the Commodity Futures Act, or (iv) for any other purpose specified in the regulations; (c) previously designated money that the Commission allocates for a purpose described in clause (a) or (b); or (d) previously designated money that the Commission allocates for any additional purpose specified in the regulations. 2023, c. 21, Sched. 11, s. 1. Interpretation, previously designated money (2.1) In subsection (2), “previously designated money” means money that, (a) has been received by the Commission according to the terms of an order or as a payment to settle enforcement proceedings commenced by the Commission, and (b) was designated under clause 3.4 (2) (b) of the Securities Act, as that clause read immediately before its repeal. 2021, c. 40, Sched. 19, s. 3. Allocation, subs. (2) (b) (2.2) The Commission shall allocate money mentioned in clause (2) (b) at least once each fiscal year or more frequently if required by the by-laws. 2021, c. 40, Sched. 19, s. 3. Same (3) The Minister may establish guidelines respecting the allocation of money received by the Commission pursuant to an order described in subsection (2) or as a payment to settle enforcement proceedings commenced by the Commission. 2021, c. 8, Sched. 9, s. 19 (3). Non-application of Fines and Forfeitures Act, designation under subs. (2) (b) (4) Subsection 2 (2) of the Fines and Forfeitures Act does not apply to a fine recovered for a contravention of Ontario securities law or Ontario commodity futures law that is designated in accordance with clause (2) (b). 2021, c. 8, Sched. 9, s. 19 (4). Surplus (5) When ordered to do so by the Minister, the Commission shall pay into the Consolidated Revenue Fund such of its surplus funds as are determined by the Minister. 2021, c. 8, Sched. 9, s. 19 (5). Same (6) In determining the amount of a payment to be made under subsection (5), the Minister shall allow such reserves for the future needs of the Commission as the Minister considers appropriate, and shall ensure that the payment will not impair the Commission’s ability to pay its liabilities, to meet its obligations as they become due or to fulfil its contractual commitments. 2021, c. 8, Sched. 9, s. 19 (6). Section Amendments with date in force (d/m/y) 2021, c. 40, Sched. 19, s. 3 - 29/04/2022 2023, c. 21, Sched. 11, s. 1 - not in force