O. Reg. 91/02: GENERAL"

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

Civil Remedies Act, 2001

ONTARIO REGULATION 91/02

GENERAL

Historical version for the period June 6, 2003 to December 10, 2009.

Last amendment: O. Reg. 234/03.

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. When the Superior Court of Justice makes an order for payment of reasonable legal expenses under section 5 or 10 of the Act, it may also vary the interlocutory order made under section 4 or 9 of the Act, as the case may be, to allow the Attorney General to convert property to money in order to comply with the payment order. O. Reg. 91/02, s. 2.

Monetary limits

3. Payments under orders made under section 5 or 10 of the Act in respect of property that is the subject of a proceeding are subject to the following monetary limits:

1. The maximum amount that is available to pay reasonable legal expenses is the amount shown in Column 2 of the Table to this section opposite the amount in Column 1 that applies to the property.

2. The amount referred to in paragraph 1 is the maximum that is available for all claimants in respect of the same property.

3. Legal expenses may only be for lawyers’ fees, disbursements, fees for services of law clerks, articled students and investigators, and costs for travel time.

4. Lawyers’ fees shall be calculated based on a number of hours worked that the court finds to be reasonable and on the hourly rate set out in Part I of Schedule 2 to Ontario Regulation 107/99 made under the Legal Aid Services Act, 1998.

5. Costs for travel time shall be calculated in accordance with item 23 of Part IV of Schedule 2 of the regulation referred to in paragraph 4, with necessary modifications.

6. Fees for services shall be calculated based on a number of hours worked that the court finds to be reasonable and on the hourly rate set out in Schedule 3 to the regulation referred to in paragraph 4.

7. Disbursements shall be calculated in accordance with Schedule 6 of the regulation referred to in paragraph 4, with necessary modifications.

TABLE

Column 1	Column 2
Total amount held (property that is money or has been converted to money)	Maximum available for reasonable legal expenses
$99.99 or less	Nil
$100 or more but less than $100,000	25 per cent of total
$100,000 or more but less than $1,000,000	$25,000 plus 15 per cent of (total – 100,000)
$1,000,000 or more	$160,000 plus 10 per cent of (total – 1,000,000)

O. Reg. 91/02, s. 3.

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 and in Ontario Reports. O. Reg. 91/02, s. 4 (1).

(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	Column 2	Column 3
	Institution	Class of persons	Circumstances
1.	Ministry of Agriculture and Food	Employees of the institution who are directors, deputy directors, chief inspectors and inspectors under the following:	Course of employment
		Animals for Research Act
		Beef Cattle Marketing Act
		Dead Animal Disposal Act
		Farm Products Grades and Sales Act
		Livestock and Livestock Products Act
		Livestock Community Sales Act
		Livestock Medicines Act
		Meat Inspection Act (Ontario)
2.	Ministry of Agriculture and Food	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 and Food	Inspectors under the Meat Inspection Act (Ontario) who are not employees of the institution	Performance of duties and exercise of powers
4.	Ministry of Agriculture and Food	Employees of the institution who are directors and deputy directors under the Milk Act	Course of employment
5.	Ministry of Agriculture and Food	Employees of the institution who are field-persons under the Milk Act	Course of employment
6.	Ministry of Agriculture and Food	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.	Ministry of Agriculture and Food	Employees of the institution who are inspectors and chief inspectors under the Edible Oil Products Act	Course of employment
8.	Ministry of Agriculture and Food	Analysts under the Edible Oil Products Act who are not employees of the institution	Performance of duties and exercise of powers
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	Assistant deputy ministers	Course of employment
12.	Ministry of Consumer and Business Services	Investigators	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 Environment and Energy	Inspectors under the Energy Efficiency Act	Course of employment
16.	Ministry of Environment and Energy	Assistant Deputy Minister — Energy Division	Course of employment
17.	Ministry of Environment and Energy	Inspectors, investigators and enforcement personnel	Course of employment
18.	Ministry of Environment and Energy	Directors appointed under the following:	Course of employment
		Environmental Assessment Act
		Environmental Protection Act
		Ontario Water Resources Act
		Pesticides Act
19.	Independent Electricity Market Operator	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 Commission 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.	Management Board Secretariat	Assistant Deputy Minister — Internal Ministry Services Division	Course of employment
24.	Ontario Realty Corporation	Chief Financial Officer	Course of employment
25.	Ministry of Natural Resources	Director — Enforcement Branch, Manager — Evaluation and Special Services Unit, and Manager —Field Services Unit	Course of employment
26.	Ministry of Public Safety and Security	Persons who are police officers as defined in the Police Services Act	Course of employment
27.	Ministry of Public Safety and Security	Director — Criminal Intelligence Service of Ontario	Course of employment
28.	Ministry of Public Safety and Security	Correctional officers, probation officers, parole officers and special investigators	Course of employment
29.	Ministry of Training, Colleges and Universities	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	Shift leaders	Course of employment
35.	Ministry of Transportation	District enforcement co-ordinators	Course of employment
36.	Ministry of Transportation	Area managers — Drivers and Vehicles	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	Issuing office administrators	Course of employment
44.	Ministry of Transportation	Deputy registrars of motor vehicles	Course of employment
45.	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.

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.