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Civil Remedies Act, 2001

ONTARIO REGULATION 498/06

PAYMENTS OUT OF SPECIAL PURPOSE ACCOUNTS

Consolidation Period: From December 11, 2009 to the e-Laws currency date.

Last amendment: O. Reg. 479/09.

This is the English version of a bilingual regulation.

Interpretation

1. (1) In this Regulation,

“adjudicator” means a person appointed by the Lieutenant Governor in Council under section 4; (“arbitre”)

“direct private victim” means an individual or other 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 privée directe”)

“direct public victim” means the Crown, a municipal corporation or a public body that is a member of one of the classes of public bodies prescribed in subsection (2); (“victime publique directe”)

“final day for filing” means the date named in a notice published under section 5 on or before which all claims for the compensation pursuant to the notice must be filed, subject to any extension of the period for filing under subsection 5 (4); (“échéance de production”)

“special purpose account” means an account established under section 6, 11 or 15 of the Act. (“compte spécial”) O. Reg. 498/06, s. 1 (1).

(2) The following classes of public bodies are prescribed for the purposes of paragraph 4 of subsection 6 (3), paragraph 4 of 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. 498/06, s. 1 (2).

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 the Crown in right of Ontario for the costs incurred as described in subsections 6 (2.1) and 11 (2.1) of the Act.

2. If any money remains after payment under paragraph 1, or if no money is paid under paragraph 1, then to compensate direct private victims of the unlawful activity, in accordance with this Regulation.

3. If the Crown has elected not to seek payment under paragraph 1 and any money remains after payment under paragraph 2, then to compensate the Crown in right of Ontario, pursuant to subsections 6 (3.2) and 11 (3.2) of the Act.

4. If any money remains after payment under paragraph 3, or if no money is paid under paragraph 3, then to compensate direct public victims in accordance with this Regulation.

5. If any money remains after payment under paragraph 4, or if no money is paid under paragraph 4, then to assist victims of unlawful activities or to prevent unlawful activities by providing grants in accordance with section 14. O. Reg. 498/06, 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 this Regulation.

2. If any money remains after payment under paragraph 1, or if no money is paid under paragraph 1, then to compensate direct public victims in accordance with this Regulation.

3. If the Crown has elected not to seek payment under paragraph 1 and any money remains after payment under paragraph 2, then to compensate the Crown in right of Ontario, pursuant to subsections 15 (2.1) and paragraph 2 of subsection 15 (3) of the Act.

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 by providing grants in accordance with section 14. O. Reg. 498/06, s. 2 (2).

Payment of Crown costs out of other accounts

3. If the amount of money in any special purpose account is insufficient to satisfy the Crown’s costs under subsection 6 (2.1), paragraph 3 of subsection 6 (3) or subsection 6 (3.2) of the Act, subsection 11 (2.1), paragraph 3 of subsection 11 (3) or subsection 11 (3.2) of the Act or subsection 15 (2.1) or paragraph 2 of subsection 15 (3) of the Act, then the amount of the Crown’s unsatisfied costs shall be taken out of another account into which money has been deposited after payment of compensation to direct private victims and after payment to the Crown for compensation for its costs in respect of that amount. O. Reg. 498/06, s. 3.

Adjudicator

4. (1) The Lieutenant Governor in Council may appoint one or more persons to act as adjudicator of the claims made by direct private victims or direct public victims under this Regulation. O. Reg. 498/06, s. 4 (1).

(2) An adjudicator shall receive remuneration and expenses as determined by the Lieutenant Governor in Council. O. Reg. 498/06, s. 4 (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. 498/06, s. 4 (3).

Notice

5. (1) Within three months after the last deposit of money into a special purpose account, the Director shall give notice in accordance with this section. O. Reg. 498/06, s. 5 (1).

(2) The notice shall be published in a way that, in the opinion of the Director, will bring the right to make a claim for compensation to the attention of direct private victims or direct public victims of the unlawful activity to which the special purpose account relates. O. Reg. 498/06, s. 5 (2); O. Reg. 479/09, s. 1 (1).

(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 direct private victim 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) state that any direct public victim 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;

(d) describe the steps to be taken to make a claim;

(e) name the final day for filing, which shall not be earlier than three months after the first publication of the notice;

(f) state that a claim that does not comply with this Regulation will be denied;

(g) give an address and telephone number to which inquiries about potential claims may be directed;

(h) give an address where claims should be filed;

(i) include any other information that the Director considers appropriate. O. Reg. 498/06, s. 5 (3); O. Reg. 479/09, s. 1 (2).

(4) Despite clause (3) (e), the Director may extend the time for filing of a claim by a direct private victim where there are identified direct private victims and the Director is satisfied that reasonable efforts have not been made to locate them and inform them of their right to make a claim for compensation prior to the final day for filing a claim. O. Reg. 498/06, s. 5 (4).

(5) If the Director is of the opinion, having regard to the number of potential direct private or direct public 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 private victim claimant or the payment to each direct public victim claimant would be too small to justify the administrative costs of adjudicating the claims, the Director may decide that no compensation will be paid to any claimant from the special purpose account and, in that case, he or she shall not give notice in accordance with this section. O. Reg. 498/06, s. 5 (5).

Claim

6. (1) A direct private victim or direct public victim claimant shall use the claim form provided by the Director. O. Reg. 498/06, s. 6 (1).

(2) The claim of a direct private victim claimant shall include a description of the claimant’s pecuniary losses supported by documentary evidence of the losses, including all receipts and invoices and, if applicable, a description of the claimant’s non-pecuniary losses supported by documentary evidence of the losses. O. Reg. 498/06, s. 6 (2).

(3) The claim of a direct public victim claimant shall include a description of the claimant’s pecuniary losses that are expenses incurred in remedying the effects of the unlawful activity supported by documentary evidence of the losses, including all receipts and invoices. O. Reg. 498/06, s. 6 (3).

(4) The claim shall identify any other sources from which compensation for the losses claimed by the claimant under this section has been paid, is payable or may be payable to the claimant, and the amount of that compensation. O. Reg. 498/06, s. 6 (4).

(5) The claim shall be filed on or before the final day for filing. O. Reg. 498/06, s. 6 (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 8 or 9. O. Reg. 498/06, s. 6 (6).

No payments made until all claims are adjudicated

7. (1) No payments shall be made out of the special purpose account to direct private victim claimants until all the claims filed by direct private victim claimants in accordance with section 6 have been adjudicated and the amount of compensation to each claimant is determined under section 8 or 9. O. Reg. 498/06, s. 7 (1).

(2) No payments shall be made out of the special purpose account to direct public victim claimants until all the claims that they have filed in accordance with section 6 have been adjudicated and the amount of compensation payable to each such claimant is determined under section 8 or 9. O. Reg. 498/06, s. 7 (2).

Determination of eligibility and amount of compensation

8. (1) The adjudicator shall review all the direct private victim and direct public victim 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. 498/06, s. 8 (1).

(2) A direct victim claimant is eligible for compensation from the special purpose account if the claim is filed in accordance with section 6 of this Regulation 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;

(c) full or partial compensation for the losses has not been paid or is not payable to the claimant from other sources; and

(d) sufficient proof of the losses has been provided. O. Reg. 498/06, s. 8 (2).

(3) A direct public victim claimant is eligible for compensation from the special purpose account if the claim is filed in accordance with section 6 and if the adjudicator 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;

(c) full or partial compensation for the losses has not been paid or is not payable to the claimant from other sources; and

(d) sufficient proof of the losses has been provided. O. Reg. 498/06, s. 8 (3).

(4) In determining whether a direct private victim or direct public victim claimant is eligible for compensation and the amount of compensation to be paid to an eligible claimant, the adjudicator shall have regard to all relevant circumstances, including any behaviour of the claimant that may have directly or indirectly contributed,

(a) in the case of a direct private victim claimant, to the claimant’s losses or to the unlawful activity;

(b) in the case of a direct public victim claimant, to the claimant’s pecuniary losses. O. Reg. 498/06, s. 8 (4).

(5) Even if a direct private victim or direct public victim claimant is eligible to receive compensation as determined under subsections (3) and (4), the adjudicator may decline to pay any compensation or may pay a reduced amount of 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;

(b) the losses suffered by the claimant are remote from the unlawful activity; or

(c) the claimant receives or is entitled to receive an amount under section 12. O. Reg. 498/06, s. 8 (5).

Direct private victims, amount of compensation where claims exceed balance of account

9. If the total amount of the compensation that would otherwise be paid to all the eligible direct private victim claimants under section 8 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 private 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 private 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 private 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 private victim claimants for pecuniary losses.

3. If, in the adjudicator’s opinion, the payment for pecuniary losses to each individual direct private 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 of individual direct private victim claimants is determined under paragraph 1 or 2, compensation for pecuniary losses of direct private victim claimants who are not individuals shall be determined.

5. If the total of the amount that would otherwise be paid to all the eligible non-individual direct private victim claimants for 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 non-individual direct private 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 non-individual direct private victim claimants for pecuniary losses.

6. If, in the adjudicator’s opinion, the payment for pecuniary losses to each non-individual direct private 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 losses is determined under paragraph 1, 2, 4 or 5, compensation for non-pecuniary losses of direct private victim claimants who are individuals shall be determined.

8. If the total amount that would otherwise be paid to all the eligible individual direct private victim claimants for non-pecuniary losses exceeds the balance available in the special purpose account, the amount that would otherwise be paid to each individual direct private 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 private victim claimants for non-pecuniary losses.

9. If, in the adjudicator’s opinion, the payment for non-pecuniary losses to each individual direct private victim claimant would be too small to justify the administrative costs of paying them, the adjudicator may decline to pay any compensation under paragraph 7 or 8.

10. If there is any balance available in the special purpose account after compensation for the pecuniary and non-pecuniary losses is determined under paragraphs 1 to 8, compensation for non-pecuniary losses of direct private victim claimants who are not individuals shall be determined.

11. If the total of the amount that would otherwise be paid to all the eligible non-individual direct private victim claimants for non-pecuniary losses exceeds the balance available in the special purpose account after compensation for the pecuniary and non-pecuniary losses under paragraphs 1 to 10 is paid, the amount that would otherwise be paid to each non-individual direct private 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 non-individual direct private victim claimants for non-pecuniary losses.

12. If, in the adjudicator’s opinion, the payment for non-pecuniary losses to each non-individual direct private victim claimant would be too small to justify the administrative costs of paying them, the adjudicator may decline to pay any compensation under paragraph 10 or 11. O. Reg. 498/06, s. 9.

Direct public victims, amount of compensation where claims exceed balance of account

10. (1) If the total amount of the compensation that would otherwise be paid to all the eligible direct public victim claimants under section 8 exceeds the balance available in the special purpose account, the amount that would otherwise be paid to each direct public victim 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 direct public victim claimants. O. Reg. 498/06, s. 10 (1).

(2) If, in the opinion of the adjudicator, the payment to each direct public victim claimant under subsection (1) would be too small to justify the administrative costs of paying them, the adjudicator may decline to pay any compensation under that subsection or may pay a reduced amount of compensation. O. Reg. 498/06, s. 10 (2).

Judicial review

11. (1) An adjudicator’s decision on a direct private victim claim under section 8 or 9 and on a direct public victim claim under section 8 or 10 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. 498/06, s. 11 (1).

(2) An application for judicial review from a decision of the adjudicator under section 8, 9 or 10 must be filed by the claimant within 30 days after being notified of the determination that is subject to review. O. Reg. 498/06, s. 11 (2).

Payments from other sources

12. (1) The amount that would otherwise be paid to a direct private victim claimant under section 8 or 9 or to a direct public victim claimant under section 8 or 10 shall be reduced by the amount of compensation that has been paid, is payable or may be payable,

(a) in the case of a direct private victim claimant, to the claimant from any other source with respect to the unlawful activity;

(b) in the case of a direct public victim claimant, to the claimant from any other source that provides payments related to the unlawful activity. O. Reg. 498/06, s. 12 (1).

(2) If, after receiving a payment under section 8, 9 or 10, a direct private victim or direct public 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 Director 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. 498/06, s. 12 (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, the amount of any overpayment received by the claimant or paid in error to the claimant out of the special purpose account,

(a) in any court of competent jurisdiction as a debt due to the Crown; or

(b) by way of deduction or set-off out of any money payable by the Crown to the claimant. O. Reg. 498/06, s. 12 (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. 498/06, s. 12 (4).

Determination and payment of compensation to the Crown

13. The Director shall determine the priority of payments and the amount of compensation to be paid to compensate the Crown in right of Ontario as described in the following provisions of the Act:

1. Subsection 6 (2.1), paragraph 3 of subsection 6 (3) and subsections 6 (3.2), (3.3) and (3.4).

2. Subsection 11 (2.1), paragraph 3 of subsection 11 (3) and subsections 11 (3.2), (3.3) and (3.4).

3. Subsections 15 (2.1), paragraph 2 of subsection 15 (3) and subsection 15 (3.2). O. Reg. 498/06, s. 13.

Grants to assist victims, prevent unlawful activities

14. (1) The Attorney General may pay grants out of a special purpose account to an institution listed in Column 1 of the Table to section 6 of Ontario Regulation 91/02 (General) made under the Act or to the Royal Canadian Mounted Police in order to assist victims of unlawful activities, other than those to whom compensation has been otherwise paid in accordance with this Regulation, and to prevent unlawful activities that result in victimization. O. Reg. 498/06, s. 14 (1); O. Reg. 479/09, s. 2 (1).

(2) The Attorney General shall establish criteria and guidelines for the payment of the grants, including the eligibility of the institutions referred to in subsection (1) or to the Royal Canadian Mounted Police to receive grants. O. Reg. 498/06, s. 14 (2); O. Reg. 479/09, s. 2 (2).

Transition

15. Despite its repeal, Ontario Regulation 233/03 (Payments out of Special Purpose Accounts) made under the Act continues to apply to all claims with respect to which a determination has been made and a notice of determination sent to the claimant before the day this Regulation comes into force. O. Reg. 498/06, s. 15.

16. Omitted (revokes other Regulations). O. Reg. 498/06, s. 16.

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