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Civil Remedies Act, 2001

ONTARIO REGULATION 91/02

general

Consolidation Period: From June 8, 2019 to the e-Laws currency date.

Last amendment: 162/19.

Legislative History: 208/02, 234/03, 478/09, 206/11, 510/17, 162/19.

This is the English version of a bilingual regulation.

Orders for Payment of Legal Expenses Re Property Subject to Interlocutory Order (Sections 5 and 10 of Act)

Prescribed purpose

1. An order under section 5 or 10 of the Act may apply only to reasonable legal expenses incurred in a proceeding under this Act for the purpose of establishing the person’s claim to an interest in the property.  O. Reg. 91/02, s. 1.

Funding

2. (1) When the Superior Court of Justice makes an order for payment of reasonable legal expenses under section 5 or 10 of the Act and the conversion of non-monetary property to money is necessary in order to comply with the payment order, the court shall vary an interlocutory order made under section 4 or 9 of the Act, as the case may be, to allow the Director of Asset Management — Civil to convert the property, unless it would be unjust to do so.  O. Reg. 478/09, s. 1.

(2) If an interlocutory order varied under subsection (1) is made in respect of more than one property, the Superior Court of Justice shall, in varying the order, specify which property or properties may be converted.  O. Reg. 478/09, s. 1.

Monetary limits

3. (1) The monetary limit for payments under orders made under section 5 or 10 of the Act in respect of property that is the subject of a proceeding is the lesser of,

(a) 15 per cent of the value of the property; and

(b) the amount which would be paid for legal services under a legal aid certificate in connection with a civil matter, as calculated under subsection (3).  O. Reg. 478/09, s. 1.

(2) For the purposes of clause (1) (a), the value of non-monetary property is the realizable value less the costs of conversion, the payment of all liens or other encumbrances that attach to the property, and any costs to the Director of Asset Management — Civil incurred under an interlocutory order for the preservation, management and disposition of the property up to conversion.  O. Reg. 478/09, s. 1.

(3) For the purposes of clause (1) (b), the amount which would be paid under a legal aid certificate in connection with a civil matter shall be calculated with reference to Ontario Regulation 107/99 (General) made under the Legal Aid Services Act, 1998 as follows, with necessary modifications:

1. Lawyers’ fees shall be calculated at the hourly rate set out in Part I of Schedule 2 to that regulation, up to the maximum hours set out in Part II of Schedule 2 to that regulation.

2. Costs for travel time shall be calculated in accordance with item 23 of Part IV of Schedule 2 to that regulation.

3. Fees for services of law clerks, articled students and investigators shall be calculated based on Schedule 3 to that regulation.

4. Disbursements shall be calculated in accordance with Schedule 6 to that regulation.  O. Reg. 478/09, s. 1.

(4) The monetary limit under subsection (1) is the maximum that is available for all claimants in respect of the same property.  O. Reg. 478/09, s. 1.

Prescribed Offences Constituting Vehicular Unlawful Activity (Section 11.1 of the Act)

Prescribed offences, Criminal Code (Canada)

3.1 Offences under the following provisions of the Criminal Code (Canada) are prescribed offences for the purposes of clause (a) of the definition of “vehicular unlawful activity” in section 11.1 of the Act:

1. Subsection 249.1 (3) (Flight causing bodily harm or death).

2. Section 249.2 (Causing death by criminal negligence (street racing)).

3. Section 249.3 (Causing bodily harm by criminal negligence (street racing)).

4. Section 249.4 (Dangerous operation of motor vehicle while street racing).

5. Subsection 259 (4) (Operation while disqualified).  O. Reg. 478/09, s. 2.

Public Notice re Conspiracy Proceeding (Section 13 of Act)

Notice

4. (1) On commencing a proceeding under section 13 of the Act, the Attorney General shall publish a notice of the proceeding in The Ontario Gazette.  O. Reg. 91/02, s. 4 (1); O. Reg. 478/09, s. 3.

(2) The Attorney General may also publish the notice in any other way or ways that will bring the proceeding to the attention of the public.  O. Reg. 91/02, s. 4 (2).

(3) The Attorney General may, by motion with notice, seek directions from the Superior Court of Justice for the purposes of subsection (2).  O. Reg. 91/02, s. 4 (3).

Personal Information (Section 19 of Act)

Reviewing authority

5. For the purposes of subsections 19 (4) and (5) of the Act, the reviewing authority is the civil forfeiture advisor in the Crown Law Office — Criminal of the Ministry of the Attorney General.  O. Reg. 91/02, s. 5.

Institutions, classes of persons and circumstances

6. (1) The institutions listed in Column 1 of the Table to this section are prescribed for the purpose of paragraph 1 of subsection 19 (4) of the Act.  O. Reg. 91/02, s. 6 (1).

(2) The classes of persons listed in Column 2 of the Table to this section are prescribed for the purpose of paragraph 2 of subsection 19 (4) of the Act.  O. Reg. 91/02, s. 6 (2).

(3) The circumstances listed in Column 3 of the Table to this section are prescribed for the purpose of paragraph 3 of subsection 19 (4) of the Act.  O. Reg. 91/02, s. 6 (3).

TABLE

 

Item

Column 1

Institution

Column 2

Class of persons

Column 3

Circumstances

1.

Ministry of Agriculture, Food and Rural Affairs

Employees of the institution who are directors, deputy directors, chief inspectors and inspectors under the following:

Animals for Research Act

Beef Cattle Marketing Act

Farm Products Grades and Sales Act

Food Safety and Quality Act, 2001

Livestock and Livestock Products Act

Livestock Community Sales Act

Livestock Medicines Act

Course of employment

2.

Ministry of Agriculture, Food and Rural Affairs

Veterinarians who are inspectors under the Livestock Community Sales Act and are not employees of the institution

Performance of duties and exercise of powers

3.

Ministry of Agriculture, Food and Rural Affairs

Inspectors under the Food Safety and Quality Act, 2001 who are not employees of the institution

Performance of duties and exercise of powers

4.

Ministry of Agriculture, Food and Rural Affairs

Employees of the institution who are directors and deputy directors under the Milk Act

Course of employment

5.

Ministry of Agriculture, Food and Rural Affairs

Employees of the institution who are field-persons under the Milk Act

Course of employment

6.

Ministry of Agriculture, Food and Rural Affairs

Field-persons under the Milk Act who are appointed by a director who is appointed by the Minister, and who are not employees of the institution

Performance of duties and exercise of powers

7., 8.

Revoked:  O. Reg. 478/09, s. 4 (5).

9.

Livestock Financial Protection Board

Persons who act as secretary to the Board

Performance of duties as secretary to the Board

10.

Grain Financial Protection Board

Persons who act as secretary to the Board

Performance of duties as secretary to the Board

11.

Ministry of Citizenship and Immigration

Assistant deputy ministers

Course of employment

12.

Ministry of Government and Consumer Services

Investigators who investigate offences under the following:

 

Bailiffs Act

Business Corporations Act

Business Names Act

Collection and Debt Settlement Services Act

Condominium Act, 1998

Consumer Protection Act, 2002

Consumer Reporting Act

Corporations Act

Corporations Information Act

Discriminatory Business Practices Act

Extra-Provincial Corporations Act

Funeral, Burial and Cremation Services Act, 2002

Horse Riding Safety Act, 2001

Limited Partnerships Act

Paperback and Periodical Distributors Act

Payday Loans Act, 2008

Residential Complex Sales Representation Act

Safety and Consumer Statutes Administration Act, 1996

Wireless Services Agreements Act, 2013

Course of employment

13.

Alcohol and Gaming Commission of Ontario

Bureau Commander — Investigation and Enforcement Bureau

Course of employment

14.

Ministry of Education

Assistant deputy ministers

Course of employment

15.

Ministry of Finance

Assistant deputy ministers, directors and senior managers responsible for investigating compliance with the Tobacco Tax Act

Course of employment

16.

Ministry of Energy

Assistant deputy ministers

Course of employment

16.1

Ministry of Infrastructure

Assistant deputy ministers

Course of employment

17.

Ministry of the Environment and Climate Change

Inspectors, investigators and enforcement personnel

Course of employment

18.

Ministry of the Environment and Climate Change

Directors appointed under the following:

Clean Water Act, 2006

Environmental Assessment Act

Environmental Protection Act

Nutrient Management Act, 2002

Ontario Water Resources Act

Pesticides Act

Safe Drinking Water Act, 2002

Course of employment

19.

Ontario Energy Board

Officers, directors and members of the Market Surveillance Panel

Course of employment or course of performance of duties as directors and members

20.

Ontario Energy Board

Inspectors and investigators

Course of employment

21.

Ontario Energy Board

Director of Licensing and all other employees involved in licensing

Course of employment

22.

Financial Services Regulatory Authority of Ontario

All employees and agents

Course of monitoring, examining or investigating compliance with statutes administered by the institution

Course of administering matters under the Motor Vehicles Accident Claims Fund

23.

Ministry of Government and Consumer Services

Assistant Deputy Minister — Corporate Services Division

Course of employment

24.

Ontario Infrastructure and Lands Corporation

Chief Executive Officer

Course of employment

25.

Ministry of Natural Resources and Forestry

Director — Enforcement Branch, Manager — Regulatory Support Section, Manager — Intelligence and Investigations Section, Manager — Program Services Section, Manager — Provincial Enforcement Operations Section

Course of employment

26.

Ministry of Community Safety and Correctional Services

Persons who are police officers as defined in the Police Services Act

Course of employment

27.

Ministry of Community Safety and Correctional Services

Director — Criminal Intelligence Service of Ontario

Course of employment

28.

Ministry of Community Safety and Correctional Services

Correctional officers, probation officers, parole officers and special investigators

Course of employment

29.

Ministry of Advanced Education and Skills Development

Assistant deputy ministers

Course of employment

30.

Ministry of Transportation

Transportation enforcement officers

Course of employment

31.

Ministry of Transportation

Highway carrier safety inspectors

Course of employment

32.

Ministry of Transportation

Facility audit administrators

Course of employment

33.

Ministry of Transportation

Enforcement program advisors

Course of employment

34.

Ministry of Transportation

Enforcement supervisors

Course of employment

35.

Ministry of Transportation

District enforcement co-ordinators

Course of employment

36.

Ministry of Transportation

Field services co-ordinators

Course of employment

37.

Ministry of Transportation

Court administration officers

Course of employment

38.

Ministry of Transportation

CSIO Program Standards Manager

Course of employment

39.

Ministry of Transportation

Carrier safety rating administrators

Course of employment

40.

Ministry of Transportation

CVOR analysts

Course of employment

41.

Ministry of Transportation

Driver examination co-ordinators

Course of employment

42.

Ministry of Transportation

Driver examination centre supervisors

Course of employment

43.

Ministry of Transportation

Director of Service Delivery Partnerships Branch

Course of employment

44.

Ministry of Transportation

Deputy registrars of motor vehicles

Course of employment

45.

Ministry of Transportation

Contract administrators

Course of employment

46.

Ministry of Transportation

Branding Administrator 

Course of employment

47.

Ministry of Transportation

Structural Inspection Advisor

Course of employment

48.

Ministry of Transportation

Driver examiners

Course of employment

49.

Ministry of Transportation

Driver Examination Supervisor

Course of employment

50.

Ministry of Transportation

Driver examination customer service agents

Course of employment

51.

Ministry of Transportation

Driver Examination Centre Customer Service Agent Supervisor

Course of employment

52.

ServiceOntario

Issuing office administrators

Course of employment

53.

Any institution under the Municipal Freedom of Information and Protection of Privacy Act

Persons who are police officers as defined in the Police Services Act

Course of employment

O. Reg. 91/02, s. 6, Table; O. Reg. 208/02, s. 1; O. Reg. 478/09, s. 4; O. Reg. 206/11, s. 1; O. Reg. 510/17, s. 1; O. Reg. 162/19, s. 1.

Criteria

7. The following criteria are prescribed for the purpose of subsection 19 (5) of the Act:

1. Paragraphs 1, 2 and 3 of subsection 19 (4) of the Act have been complied with.

2. Subsection 19 (8) of the Act has been complied with.

3. It is reasonable to believe that the disclosed information would be useful for a purpose described in subsection 19 (1) of the Act.

4. The public interest outweighs the privacy interests of the person to whom the information relates, based on,

i. the purposes set out in section 1 of the Act,

ii. the importance of respecting relationships that are legally recognized to be privileged,

iii. the person’s reasonable expectation that the information will be kept private, and

iv. any other factor that the reviewing authority considers relevant.  O. Reg. 91/02, s. 7.

 

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