O. Reg. 91/02: GENERAL
under Civil Remedies Act, 2001, S.O. 2001, c. 28
Skip to contentCivil Remedies Act, 2001
general
Historical version for the period November 27, 2020 to February 28, 2021.
Last amendment: 677/20.
Legislative History: 208/02, 234/03, 478/09, 206/11, 510/17, 162/19, 677/20.
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. 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 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.