O. Reg. 233/03: PAYMENTS OUT OF SPECIAL PURPOSE ACCOUNTS
Skip to content| revoked or spent October 23, 2006 | |
| July 1, 2003 – October 22, 2006 |
Remedies for Organized Crime and Other Unlawful Activities Act, 2001
ONTARIO REGULATION 233/03
No Amendments
PAYMENTS OUT OF SPECIAL PURPOSE ACCOUNTS
Historical Version for the period July 1, 2003 to October 22, 2006.
This is the English version of a bilingual regulation.
General
Definitions
1. In this Regulation,
“adjudicator” means a person appointed by the Lieutenant Governor in Council under section 3; (“arbitre”)
“direct victim” means a person who suffered pecuniary or non-pecuniary losses, including losses recoverable under Part V of the Family Law Act, as a result of unlawful activity; (“victime directe”)
“final day for filing” means the date named in a notice published under section 4 or 12 on or before which all claims for the compensation pursuant to the notice must be filed; (“échéance de production”)
“special purpose account” means an account established under section 6, 11 or 15 of the Act. (“compte spécial”) O. Reg. 233/03, s. 1.
Priority of payments from special purpose accounts
2. (1) Money shall be paid out of a special purpose account established under section 6 or 11 of the Act as follows:
1. First, to compensate direct victims of the unlawful activity, in accordance with sections 3 to 10.
2. If any money remains after payment under paragraph 1, or if no money is paid under paragraph 1, then to compensate the Crown in right of Ontario, in accordance with section 11.
3. If any money remains after payment under paragraph 2, or if no money is paid under paragraph 2, then to compensate municipal corporations or public bodies of a prescribed class, in accordance with sections 12 to 19.
4. If any money remains after payment under paragraph 3, or if no money is paid under paragraph 3, then to assist victims of unlawful activities or to prevent unlawful activities, in accordance with section 20. O. Reg. 233/03, s. 2 (1).
(2) Money shall be paid out of a special purpose account established under section 15 of the Act as follows:
1. First, to compensate the Crown in right of Ontario, in accordance with section 11.
2. If any money remains after payment under paragraph 1, or if no money is paid under paragraph 1, then to compensate municipal corporations or public bodies of a prescribed class, in accordance with sections 12 to 19.
3. If any money remains after payment under paragraph 2, or if no money is paid under paragraph 2, then to assist victims of unlawful activities or to prevent unlawful activities, in accordance with section 20. O. Reg. 233/03, s. 2 (2).
(3) Any money deposited to a special purpose account after compensation has been determined or paid under any paragraph of subsection (1) or (2) shall be applied to payments from the account under the subsequent paragraph or paragraphs, but shall not be applied to payments or be considered in determining or altering compensation under the paragraph or paragraphs under which compensation has already been determined or paid. For example, if money is deposited to a special purpose account after compensation has been determined under paragraph 1 of subsection (1), the deposited money shall be applied to payments from the account under paragraph 2, 3 or 4 of subsection (1) but shall not be considered or applied to compensation under paragraph 1 of subsection (1). O. Reg. 233/03, s. 2 (3).
Compensation to Direct Victims of Unlawful Activity (Paragraph 1 of Subsection 6 (3) of the Act, Paragraph 1 of Subsection 11 (3) of the Act)
Adjudicator
3. (1) The Lieutenant Governor in Council may appoint one or more persons to act as adjudicator of the claims made by direct victim claimants under this Regulation. O. Reg. 233/03, s. 3 (1).
(2) An adjudicator shall receive remuneration and expenses as determined by the Lieutenant Governor in Council. O. Reg. 233/03, s. 3 (2).
(3) The Attorney General may assign one or more employees of the Ministry of the Attorney General to assist an adjudicator in carrying out his or her duties under this Regulation. O. Reg. 233/03, s. 3 (3).
Notice
4. (1) Within one year after the first deposit of money into a special purpose account, the Attorney General shall give notice in accordance with this section. O. Reg. 233/03, s. 4 (1).
(2) The notice shall be published in The Ontario Gazette and may also be published in any other way or ways that, in the opinion of the Attorney General or his or her designate, will bring the right to make a claim for compensation to the attention of direct victims of the unlawful activity to which the special purpose account relates. O. Reg. 233/03, s. 4 (2).
(3) The notice shall,
(a) identify the proceeding under the Act as a result of which the money was deposited into the special purpose account;
(b) state that any person who suffered pecuniary or non-pecuniary losses as a result of the unlawful activity in relation to which the proceeding was commenced is entitled to make a claim for compensation;
(c) describe the steps to be taken to make a claim;
(d) name the final day for filing, which shall not be earlier than six months after the first publication of the notice in The Ontario Gazette or later than nine months after that first publication;
(e) state that a claim that does not comply with this Regulation will be denied;
(f) give an address and telephone number to which inquiries about potential claims may be directed;
(g) give an address where claims should be filed;
(h) include any other information that the Attorney General considers appropriate. O. Reg. 233/03, s. 4 (3).
(4) If the Attorney General or his or her designate is of the opinion, having regard to the number of potential direct victim claimants for compensation from a special purpose account and to the amount available for compensation from the account, that the amount of compensation to each direct victim claimant would be too small to justify the administrative costs of adjudicating the claims, the Attorney General or his or her designate, as the case may be, may decide that no compensation will be paid to any direct victim claimant from the special purpose account and, in that case, the Attorney General shall not give notice in accordance with this section. O. Reg. 233/03, s. 4 (4).
Claim
5. (1) A direct victim claimant shall use the claim form provided by the Attorney General. O. Reg. 233/03, s. 5 (1).
(2) The claim shall include a description of the claimant’s pecuniary losses and documentary evidence of the losses, including receipts and invoices. O. Reg. 233/03, s. 5 (2).
(3) If the claim is also for non-pecuniary losses, it shall include a description of the claimant’s non-pecuniary losses and documentary evidence of the losses. O. Reg. 233/03, s. 5 (3).
(4) The claim shall identify any other sources from which compensation for the losses claimed by the claimant under this section have been paid or are payable to the claimant, and the amount of that compensation. O. Reg. 233/03, s. 5 (4).
(5) The claim shall be filed on or before the final day for filing. O. Reg. 233/03, s. 5 (5).
(6) The claimant shall revise the information required under subsection (4) as the information changes or as more such information becomes available to the claimant, even after receiving compensation from the special purpose account under section 7 or 8. O. Reg. 233/03, s. 5 (6).
No payments made until all claims are adjudicated
6. No payments shall be made out of the special purpose account to direct victim claimants until all the claims filed by direct victim claimants in accordance with section 5 have been adjudicated and the amount of compensation to each claimant is determined under section 7 or 8. O. Reg. 233/03, s. 6.
Determination of eligibility and amount of compensation
7. (1) The adjudicator shall review all the direct victim claims filed on or before the final day for filing and shall determine,
(a) each direct victim claimant’s eligibility for compensation; and
(b) the amount of compensation to be paid to each eligible direct victim claimant. O. Reg. 233/03, s. 7 (1).
(2) A direct victim claimant is eligible for compensation from the special purpose account if the claim is filed in accordance with section 5 and if the adjudicator is satisfied by the claim and by any other information obtained by the adjudicator under section 19 of the Act that,
(a) the claimant suffered pecuniary or non-pecuniary losses as a result of the unlawful activity;
(b) the amount of the losses can be quantified; and
(c) full compensation for the losses has not been paid or is not payable to the claimant from other sources. O. Reg. 233/03, s. 7 (2).
(3) In determining whether a direct victim claimant is eligible for compensation and the amount of compensation to be paid to an eligible direct victim claimant, the adjudicator shall have regard to all relevant circumstances, including any behaviour of the claimant that may have directly or indirectly contributed to the claimant’s losses or to the unlawful activity. O. Reg. 233/03, s. 7 (3).
(4) Even if a direct victim claimant is eligible to receive compensation as determined under subsections (2) and (3), the adjudicator may decline to pay any compensation to the claimant if, in the adjudicator’s opinion,
(a) the amount of the compensation would be too small to justify the administrative costs of paying it; or
(b) the losses suffered by the claimant are remote from the unlawful activity. O. Reg. 233/03, s. 7 (4).
Amount of compensation where claims exceed balance of account
8. If the total amount of the compensation that would otherwise be paid to all the eligible direct victim claimants under section 7 exceeds the balance available in the special purpose account, the amount of compensation shall be determined and paid as follows:
1. Compensation for pecuniary losses of direct victim claimants who are individuals shall be determined first.
2. If the total amount that would otherwise be paid to all the eligible individual direct victim claimants for pecuniary losses exceeds the balance available in the special purpose account, the amount that would otherwise be paid to each individual direct victim claimant for pecuniary losses shall be reduced pro-rata in the proportion that the balance of the special purpose account bears to the total amount that would otherwise be paid to all the eligible individual direct victim claimants for pecuniary losses.
3. If, in the adjudicator’s opinion, the payment for pecuniary losses to each individual direct victim claimant would be too small to justify the administrative costs of paying them, the adjudicator may decline to pay any compensation under paragraph 1 or 2.
4. If there is any balance available in the special purpose account after compensation for the pecuniary losses is determined under paragraph 1 or 2, compensation for non-pecuniary losses of direct victim claimants who are individuals shall be determined.
5. If the total of the amount that would otherwise be paid to all the eligible individual direct victim claimants for non-pecuniary losses exceeds the balance available in the special purpose account after compensation for the pecuniary losses under paragraph 1 or 2 is paid, the amount that would otherwise be paid to each individual direct victim claimant for non-pecuniary losses shall be reduced pro-rata in the proportion that the balance of the special purpose account bears to the total amount that would otherwise be paid to all the eligible individual direct victim claimants for non-pecuniary losses.
6. If, in the adjudicator’s opinion, the payment for non-pecuniary losses to each individual direct victim claimant would be too small to justify the administrative costs of paying them, the adjudicator may decline to pay any compensation under paragraph 4 or 5.
7. If there is any balance available in the special purpose account after compensation for the pecuniary and non-pecuniary losses of individual direct victim claimants is determined under paragraphs 1 to 6, compensation for pecuniary losses of direct victim claimants who are not individuals shall be determined.
8. If, in the adjudicator’s opinion, the payment for pecuniary losses to each direct victim claimant who is not an individual would be too small to justify the administrative costs of paying them, the adjudicator may decline to pay any compensation under paragraph 7. O. Reg. 233/03, s. 8.
Judicial review
9. (1) A decision of the adjudicator under section 7 or 8 is final and not subject to appeal, and shall not be altered or set aside in an application for judicial review or in any other proceeding unless the decision is patently unreasonable. O. Reg. 233/03, s. 9 (1).
(2) An application for judicial review from a decision of the adjudicator under section 7 or 8 must be filed within 30 days after being notified of the determination that is subject to review. O. Reg. 233/03, s. 9 (2).
Payments from other sources
10. (1) The amount that would otherwise be paid to a direct victim claimant under section 7 or 8 shall be reduced by the amount of compensation paid or payable to the claimant from any other source. O. Reg. 233/03, s. 10 (1).
(2) If, after receiving a payment under section 7 or 8, a direct victim claimant receives a payment as compensation for some or all of the same losses from another source that was not identified in the claimant’s claim or in an amount exceeding the amount identified in the claimant’s claim, the claimant shall report the payment to the adjudicator, or if the adjudicator is no longer acting in respect of the special purpose account, to the Attorney General, and shall reimburse the Minister of Finance for the amount of money received from the other source that was also paid to the claimant from the special purpose account. O. Reg. 233/03, s. 10 (2).
(3) The Minister of Finance may recover the amount of money received by a claimant from another source as compensation for the same losses for which the claimant received money as compensation from the special purpose account in any court of competent jurisdiction as a debt due to the Crown. O. Reg. 233/03, s. 10 (3).
(4) The Minister of Finance shall deposit any reimbursed or recovered money to the special purpose account from which it had been paid. O. Reg. 233/03, s. 10 (4).
Compensating the Crown for Expenses (Paragraph 3 of Subsection 6 (3) of the Act, Paragraph 3 of Subsection 11 (3) of the Act, Paragraph 2 of Subsection 15 (3) of the Act)
Determination and payment of compensation to the Crown
11. The Attorney General shall determine the amount of compensation to be paid to compensate the Crown in right of Ontario as described in paragraph 3 of subsection 6 (3) or subsection 11 (3) or paragraph 2 of subsection 15 (3) of the Act. O. Reg. 233/03, s. 11.
Compensating Municipal Corporations and Prescribed Classes of Public Bodies (Paragraph 4 of Subsection 6 (3) of the Act, Paragraph 4 of Subsection 11 (3) of the Act, Paragraph 3 of Subsection 15 (3) of the Act)
Prescribed classes of public bodies
12. The following classes of public bodies are prescribed for the purposes of paragraph 4 of subsection 6 (3) and subsection 11 (3) and paragraph 3 of subsection 15 (3) of the Act:
1. Agencies, boards and commissions of the Government of Ontario.
2. Local boards, within the meaning of the Municipal Affairs Act, and agencies of municipal corporations.
3. Colleges and universities.
4. Public hospitals, within the meaning of the Public Hospitals Act. O. Reg. 233/03, s. 12.
Notice
13. (1) Within 30 days after determining that money remains in a special purpose account after determining the amount of compensation payable to the Crown in right of Ontario, the Attorney General shall give notice in accordance with this section. O. Reg. 233/03, s. 13 (1).
(2) The notice shall be published in any way or ways that, in the opinion of the Attorney General or his or her designate, will bring the right to make a claim for compensation to the attention of municipal corporations and public bodies of a prescribed class that suffered pecuniary losses as a result of the unlawful activity to which the special purpose account relates and that are expenses incurred in remedying the effects of the unlawful activity. O. Reg. 233/03, s. 13 (2).
(3) The notice shall,
(a) identify the proceeding under the Act as a result of which the money was deposited into the special purpose account;
(b) state that any municipal corporation or public body of a prescribed class that suffered pecuniary losses as a result of the unlawful activity that are expenses incurred in remedying the effects of the unlawful activity is entitled to make a claim for compensation;
(c) describe the steps to be taken to make a claim;
(d) name the final day for filing;
(e) state that a claim that does not comply with this Regulation will be denied;
(f) give an address and telephone number to which inquiries about potential claims may be directed;
(g) give an address where claims should be filed;
(h) include any other information that the Attorney General considers appropriate. O. Reg. 233/03, s. 13 (3).
(4) If the Attorney General or his or her designate is of the opinion, having regard to the number of potential municipal corporation or public body claimants for compensation from a special purpose account and to the amount available for compensation from the account, that the payment to each municipal corporation or public body claimant would be too small to justify the administrative costs of reviewing the claims, the Attorney General or his or her designate, as the case may be, may decide that no compensation will be paid to any municipal corporation or public body claimant from the special purpose account and, in that case, the Attorney General shall not give notice in accordance with this section. O. Reg. 233/03, s. 13 (4).
Claim
14. (1) A municipal corporation or public body claimant shall use the claim form provided by the Attorney General. O. Reg. 233/03, s. 14 (1).
(2) The claim shall include a description of the claimant’s pecuniary losses that are expenses incurred in remedying the effects of the unlawful activity and documentary evidence of the losses, including receipts and invoices. O. Reg. 233/03, s. 14 (2).
(3) The claim shall identify any other sources from which compensation for the losses claimed by the claimant under this section has been paid or is payable to the claimant, and the amount of that compensation. O. Reg. 233/03, s. 14 (3).
(4) The claim shall be filed on or before the final day for filing. O. Reg. 233/03, s. 14 (4).
(5) The claimant shall revise the information required under subsection (3) as the information changes or as more such information becomes available to the claimant, even after receiving compensation from the special purpose account under section 16 or 17. O. Reg. 233/03, s. 14 (5).
No payments until all claims are determined
15. No payments shall be made out of the special purpose account to municipal corporation or public body claimants until all the claims filed by municipal corporation and public body claimants in accordance with section 14 have been reviewed and the amount of compensation payable to each such claimant is determined under section 16 or 17. O. Reg. 233/03, s. 15.
Determination of eligibility and amount of compensation
16. (1) The Attorney General or his or her designate shall review all the municipal corporation and public body claims filed on or before the final day for filing and shall determine,
(a) each claimant’s eligibility for compensation; and
(b) the amount of compensation to be paid to each eligible claimant. O. Reg. 233/03, s. 16 (1).
(2) A municipal corporation or public body claimant is eligible for compensation from the special purpose account if the claim is filed in accordance with section 14 and if the Attorney General or his or her designate is satisfied by the claim that,
(a) the claimant suffered pecuniary losses as a result of the unlawful activity that are expenses incurred in remedying the effects of the unlawful activity;
(b) the amount of the losses can be quantified; and
(c) full compensation for the losses has not been paid or is not payable to the claimant from other sources. O. Reg. 233/03, s. 16 (2).
(3) In determining whether a municipal corporation or public body claimant is eligible for compensation and the amount of compensation to be paid to an eligible municipal corporation or public body claimant, the Attorney General or his or her designate shall have regard to all relevant circumstances, including any behaviour of the claimant that may have directly or indirectly contributed to the pecuniary loss. O. Reg. 233/03, s. 16 (3).
(4) Even if a municipal corporation or public body claimant is eligible to receive compensation as determined under subsections (2) and (3), the Attorney General or his or her designate may decline to pay any compensation to the claimant if, in the opinion of the Attorney General or his or her designate,
(a) the amount of the compensation would be too small to justify the administrative costs of paying it; or
(b) the losses suffered by the claimant are remote from the unlawful activity. O. Reg. 233/03, s. 16 (4).
Amount of compensation where claims exceed balance of account
17. (1) If the total amount of the compensation that would otherwise be paid to all the eligible municipal corporation and public body claimants under section 16 exceeds the balance available in the special purpose account, the amount that would otherwise be paid to each municipal corporation or public body claimant shall be reduced pro-rata in the proportion that the balance of the special purpose account bears to the total amount that would otherwise be paid to all the eligible municipal corporation and public body claimants. O. Reg. 233/03, s. 17 (1).
(2) If, in the opinion of the Attorney General or his or her designate, the payment to each municipal corporation and public body claimant under subsection (1) would be too small to justify the administrative costs of paying them, the Attorney General or his or her designate may decline to pay any compensation under that subsection. O. Reg. 233/03, s. 17 (2).
Judicial review
18. An application for judicial review from a decision of the Attorney General or his or her designate under this section must be filed within 30 days after being notified of the determination that is subject to review. O. Reg. 233/03, s. 18.
Payments from other sources
19. (1) The amount that would otherwise be paid to a municipal corporation or public body claimant under section 16 or 17 shall be reduced by the amount paid or payable to the claimant from any other source that provides payments related to compensation. O. Reg. 233/03, s. 19 (1).
(2) If, after receiving a payment under section 16 or 17, a municipal corporation or public body claimant receives a payment as compensation for some or all of the same losses from another source that was not identified in the claimant’s claim or in an amount exceeding the amount identified in the claimant’s claim, the claimant shall report the payment to the Attorney General, and shall reimburse the Minister of Finance for the amount of money received from the other source that was also paid to the claimant from the special purpose account. O. Reg. 233/03, s. 19 (2).
(3) The Minister of Finance may recover the amount of money received by a claimant from another source as compensation for the same losses for which the claimant received money as compensation from the special purpose account in any court of competent jurisdiction as a debt due to the Crown. O. Reg. 233/03, s. 19 (3).
(4) The Minister of Finance shall deposit any reimbursed or recovered money to the special purpose account from which it had been paid. O. Reg. 233/03, s. 19 (4).
Assisting Victims, Preventing Unlawful Activities (Paragraph 2 of Subsection 6 (3) of the Act, Paragraph 2 of Subsection 11 (3) of the Act, Paragraph 1 of Subsection 15 (3) of the Act)
Grants
20. (1) The Attorney General may pay grants out of a special purpose account to any person or organization in order to assist victims of unlawful activities and to prevent unlawful activities that result in victimization. O. Reg. 233/03, s. 20 (1).
(2) The Attorney General shall establish criteria and guidelines for the payment of the grants, including the eligibility of persons and organizations to receive grants. O. Reg. 233/03, s. 20 (2).
21. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 233/03, s. 21.