O. Reg. 91/02: GENERAL"

O. Reg. 91/02: GENERAL, Under: Civil Remedies Act, 2001, S.O. 2001, c. 28

Today, December 5, 2024, current consolidated laws on e-Laws are current (up-to-date) to November 1, 2024 (e-Laws currency date).

Civil Remedies Act, 2001

ONTARIO REGULATION 91/02

general

Consolidation Period: From April 1, 2024 to the e-Laws currency date.

Last amendment: 99/24.

Legislative History: 208/02, 234/03, 478/09, 206/11, 510/17, 162/19, 677/20, 148/21, 674/21, 99/24.

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 of legal expenses determined in accordance with subsection (3). O. Reg. 478/09, s. 1; O. Reg. 674/21, s. 1 (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 of legal expenses is the amount that would be payable for lawyers’ fees, fees for services of law clerks, articling students and investigators, disbursements and costs for travel time, calculated in accordance with the following rules:

1. Except as provided by paragraph 2, the legal expenses shall be calculated as if the expenses were reimbursable under the Legal Aid Services Act, 2020, subject to such modifications that may be required in the circumstances.

2. The legal expenses for lawyers’ fees and fees for services of law clerks, articling students and investigators shall be calculated based on a number of hours worked that the court finds to be reasonable. O. Reg. 674/21, s. 1 (2).

(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. Section 320.13 (Dangerous operation).

2. Section 320.17 (Flight from peace officer).

3. Section 320.18 (Operation while prohibited).

4., 5. Revoked: O. Reg. 677/20, s. 1.

O. Reg. 478/09, s. 2; O. Reg. 677/20, s. 1.

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 counsel in the Crown Law Office — Civil of the Ministry of the Attorney General who is designated for this purpose by the director of that Office. O. Reg. 148/21, s. 1.

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 the Solicitor General	Persons who are police officers as defined in the Community Safety and Policing Act, 2019	Course of employment
27.	Ministry of the Solicitor General	Director — Criminal Intelligence Service of Ontario	Course of employment
28.	Ministry of the Solicitor General	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 Community Safety and Policing Act, 2019	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; O. Reg. 99/24, 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.