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Prohibiting Profiting from Recounting Crimes Act, 2002

ONTARIO REGULATION 235/03

general

Consolidation Period:  From October 18, 2021 to the e-Laws currency date.

Last amendment: 675/21.

Legislative History: 151/17, 675/21.

This is the English version of a bilingual regulation.

Definition of Agent (Section 2 of Act)

Substantial connection

1. For the purpose of clause (c) of the definition of “agent” in section 2 of the Act, a person convicted of or charged with a designated crime has a substantial connection to a corporation if,

(a)  the person has a beneficial interest in the corporation;

(b)  the person exercises or may exercise control either directly or indirectly over the corporation; or

(c)  the person has provided or received financing either directly or indirectly to or from the corporation.  O. Reg. 235/03, s. 1.

Definition of Designated Crime (Section 2 of Act)

Serious property offences

2. For the purpose of clause (c) of the definition of “designated crime” in section 2 of the Act, the offences under the Criminal Code (Canada) listed in Table 1 are prescribed as serious property offences.  O. Reg. 235/03, s. 2.

Orders for Payment of Legal Expenses Re Certain Money or Other Property (Section 8 of Act)

Prescribed purpose

3. An order under section 8 of the Act may apply only to reasonable legal expenses incurred in a proceeding under the Act for the purpose of establishing the person’s claim to an interest in the money or other property.  O. Reg. 235/03, s. 3.

Funding

4. When the Superior Court of Justice makes an order under section 8 of the Act for payment of reasonable legal expenses out of money or other property that is subject to an order for the preservation of property made under section 5 or 6 of the Act, the court may also vary the order made under section 5 or 6 of the Act, to allow the Attorney General to convert property to money in order to comply with the payment order.  O. Reg. 235/03, s. 4.

Monetary limits

5. Payments under orders made under section 8 of the Act in respect of money or other property that is paid into court in a proceeding commenced under section 4 or 6 of the Act or subject to an order for the preservation of property made under section 5 or 6 of the Act 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 Table 2 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, fees for services of law clerks, articling students and investigators, disbursements and costs for travel time.

4.  Except as provided by paragraph 5, 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.

5.  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.

6.,7.  Revoked: O. Reg. 675/21, s. 1.

O. Reg. 235/03, s. 5; O. Reg. 675/21, s. 1.

Personal Information (Section 11 of Act)

Personal information

6. Subsection 11 (4) of the Act applies to information described in that subsection that is acquired by a person,

(a)   in the course of his or her employment; or

(b)  in connection to the performance of his or her duties.  O. Reg. 235/03, s. 6.

7. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 235/03, s. 7.

TABlE 1
Serious Property Offences under the Criminal Code (Canada) (Section 2 of Regulation)

Column 1
Section

Column 2
Offence

Paragraph 46 (2) (b)

Treason in relation to information

Section 52

Sabotage

Section 57

Forgery or uttering of a forged passport

Section 74

Piracy

Paragraph 77 (c)

Causing damage to an aircraft

Paragraph 77 (d)

Placement of things likely to endanger an aircraft

Paragraph 77 (e) 

Damage or interference with any air navigation facility

Paragraph 77 (f)

Causing serious damage to facilities of a international civil aviation airport

Paragraphs 78.1 (2) (b-d)

Damage or destruction of a ship, cargo or fixed platform

Section 80

Breach of duty of care re: explosives

Paragraphs 81 (1) (a), (c), (d)

Using explosives (in relation to damaging property)

Subsection 82 (1)

Possession of explosive substance

Subsection 82 (2)

Possession of an explosive substance in association with a criminal organization

Section 83.02

Providing or collecting property for certain activities

Section 83.03

Providing, making available property or services for terrorist purposes

Section 83.04

Using or possessing property for terrorist purposes

Sections 83.08, 83.1, 83.11 and 83.12

Offences in relation to freezing, disclosure or auditing of terrorist property

Subsections 86 (1) and (3)

Careless storage of a firearm

Subsection 86 (2)

Contravention of regulations in relation to shipping, etc. of a firearm

Subsections 88 (1) and (2)

Possession of a weapon for a dangerous purpose

Subsections 90 (1) and (2)

Carrying a concealed weapon

Subsection 91 (2)

Unauthorized possession of a firearm

Subsections 92 (1) and (2)

Possession of a firearm knowing that its possession is unauthorized

Subsections 93 (1) and (2)

Possession of a firearm at unauthorized place

Section 94

Unauthorized possession in a motor vehicle

Subsections 96 (1) and (2)

Possession of a weapon obtained by commission of an offence

Subsections 99 (1) and (2)

Weapons trafficking

Subsections 100 (1) and (2)

Possession of a weapon for purposes of trafficking

Subsections 101 (1) and (2)

Transfer without authority

Subsections 102 (1) and (2)

Altering or manufacturing of automatic firearm

Subsections 103 (1) and (2)

Importing or exporting firearms, etc. knowing that it is unauthorized

Subsections 104 (1) and (2)

Unauthorized importing or exporting firearm, etc.

Subsections 105 (1) and (2)

Failure to report lost or found firearms, etc.

Subsections 106 (1) and (2)

Failure to report destroyed firearm, etc.

Subsections 107 (1) and (2)

False statement about a lost or stolen firearm, etc.

Subsections 108 (1) and (2)

Tampering with the serial number of a firearm, etc.

Subsections 117.01 (1), (2) and (3)

Possession of a firearm, etc. contrary to order

Subsection 119 (1)

Bribery of a judicial officer

Section 120

Bribery of officers

Section 121

Frauds on government

Section 122

Breach of trust by public officer

Section 123

Municipal corruption

Section 124

Selling or purchasing office

Section 125

Influencing or negotiating appointments or dealing in offices

Section 131

Perjury as it relates to property

Section 137

Fabricating evidence where it relates to property

Subsection 139 (2)

Obstructing justice by bribery and other means

Subsection 140 (1)

Public mischief (in relation to property offences)

Section 142

Corruptly taking reward for recovery of goods

Subsection 163.1 (2) 

Make, print, publish or possess for the purpose of publication child pornography

Subsection 163.1 (3)

Import, distribute, sell or possess for distribution child pornography

Subsection 163.1 (4) 

Possession of child pornography

Section 170

Parent or guardian procuring sexual activity

Section 171

Householder permitting sexual activity

Subsection 184 (1)

Interception of communications using a device

Subsection 184.5 (1) 

Interception of radio based telephone communications

Subsection 212 (1)

Procuring

Subsection 212 (2)

Procuring a person under 18 years

Subsection 212 (4)

Communication for prostitution of person under 18 year

Subsection 251 (1)

Unseaworthy vessel or unsafe aircraft

Section 300

Publishing a defamatory libel known to be false

Section 302

Extortion by libel

Section 318

Advocating genocide

Sections 322 and 334 

Theft

Section 324 and Paragraph 334 (a)

Theft by bailee of things under seizure

Section 326 and Paragraph 334 (a)

Theft of telecommunications service

Section 328 and Paragraph 334 (a)

Theft by or from person having special property or interest

Sections 330 and 334 

Theft by person required to account

Sections 331 and 334 

Theft by person holding power of attorney

Sections 332 and 334 

Misappropriation of money held under direction

Section 336

Criminal breach of trust

Section 337

Public servant refusing to deliver property

Section 338

Fraudulently taking cattle or defacing brand

Subsection 339 (1)

Taking possession, etc. of drift timber

Section 340

Destroying documents of title, etc.

Subsection 342 (1)

Theft, forgery of credit card

Section 342.01

Making, having or dealing in instruments for forging or falsifying credit cards

Section 342.1

Unauthorized use of computer

Section 345

Stopping mail with intent

Section 346 and Subsection 346 (1.1)

Extortion

Section 347

Criminal interest rate

Section 348

Breaking and entering with intent, committing offence or breaking out

Section 349

Being unlawfully in a dwelling house

Section 351

Possession of break – in instrument

Section 354 and Paragraph 355 (a)

Possession of property obtained by crime

Section 356

Theft from mail

Section 357

Bringing into Canada property obtained by crime

Section 362

False pretence or false statement

Section 363

Obtaining execution of valuable security by fraud

Sections 366 and 367

Forgery

Section 368

Uttering forged document

Section 369

Exchequer bill paper, public seals, etc.

Section 370

Counterfeiting proclamation

Section 371

Telegram in another person’s name used to defraud

Section 374

Drawing document without authority

Section 375

Obtaining, etc., by instrument based on forged document

Section 376

Counterfeiting stamp/mark

Section 377

Damaging official documents (vital statistics and elections)

Section 378

Offences in relation to registers

Subsection 380 (1)

Fraud

Subsection 380 (2)

Affecting public market

Section 382

Fraudulent manipulation of stock exchange transactions

Section 383

Gaming in stocks or merchandise

Section 384

Broker reducing stock by selling for his own account

Section 386

Fraudulent registration of titles

Section 394

Fraud in relation to valuable minerals

Section 394.1

Possession of stolen or fraudulently obtained valuable mineral

Section 396

Offences in relation to mines and oil wells

Section 397

Falsification of Books and Documents

Section 399

False return by public officer

Section 400

False prospectus, etc.

Section 403

Personation with intent

Section 405

Acknowledging instrument in false name

Section 418

Selling defective stores to Her Majesty

Section 420

Offences in relation to sale, etc. of military stores

Section 422

Criminal breach of contract

Paragraph 423 (1) (d)

Intimidation by hiding any tools, clothes, or other property owned or used by other person or deprives her or hinders her from using them

Paragraph 423 (1) (g)

Intimidation by blocking a highway

Section 426

Secret commissions

Section 430

Mischief related offences

Subsection 431.2 (2)

Delivery, etc. of explosive or other lethal device to a public place

Section 433

Arson – disregard for human life

Section 434

Arson – damage to property

Section 434.1

Arson – own property

Section 435

Arson for fraudulent purpose

Section 436

Arson by negligence

Section 436.1

Possession of incendiary device

Subsection 438 (1)

Preventing or impeding the saving of a wrecked, stranded, abandoned vessel

Section 441

Possessor injuring building belonging to a mortgagee or owner

Section 443

Interfering with international boundary marks

Section 444

Injuring or endangering cattle

Section 449

Making counterfeit money

Section 450

Possession, etc., of counterfeit money

Section 451

Having clippings

Section 452

Uttering, etc., counterfeit money

Section 455

Clipping and uttering clipped coin

Section 458

Making, having or dealing in instruments for counterfeiting

Section 459

Conveying instruments for coining out of mint

Section 460.

Advertising and dealing in counterfeit money, etc

Subsection 467.11 (1)

Participation in activities of a criminal organization

Section 467.12

Commission of offence for criminal organization

Section 467.13

Instructing commission of offence for criminal organization

O. Reg. 235/03, Table 1; O. Reg. 151/17, s. 1.

TABLE 2
maximum Amount For Legal Expenses (Section 5 of Regulation)

Column 1
Total Amount Held  (property that is money or has been converted to money)

Column 2
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. 235/03, Table 2.

 

 

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