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Courts of Justice Act
Loi sur les tribunaux judiciaires

R.R.O. 1990, REGULATION 190

MONEY PAID INTO COURT

Historical version for the period October 7, 1999 to May 31, 2012.

Last amendment: O. Reg. 487/99.

This Regulation is made in English only.

1. (1) Subject to subsection (2), money paid into the Superior Court of Justice shall be paid to the Accountant of the Superior Court of Justice unless it is paid into the Small Claims Court. R.R.O. 1990, Reg. 190, s. 1 (1); O. Reg. 487/99, ss. 1, 2.

(2) Money paid into the Superior Court of Justice in a proceeding under the Landlord and Tenant Act or the Repair and Storage Liens Act shall be paid to the local registrar of the Superior Court of Justice for the location where the proceeding was commenced, if the proceeding was commenced outside The Municipality of Metropolitan Toronto. R.R.O. 1990, Reg. 190, s. 1 (2); O. Reg. 487/99, s. 1.

(3) Money paid into court in a proceeding referred to in subsection (2) that is not paid out after one year shall be transferred forthwith to the Accountant. R.R.O. 1990, Reg. 190, s. 1 (3).

(4) The money paid into court and the securities in which it is invested are vested in,

(a) the Accountant of the Superior Court of Justice if they are paid to or transferred to the Accountant; and

(b) the local registrar to whom they are paid otherwise. R.R.O. 1990, Reg. 190, s. 1 (4); O. Reg. 487/99, s. 2.

(5) Mortgages and other securities taken under an order of the Superior Court of Justice shall be taken in the name of the Accountant of the Superior Court of Justice and shall be deposited in the Accountant’s office, unless an order provides otherwise. R.R.O. 1990, Reg. 190, s. 1 (5); O. Reg. 487/99, ss. 1, 2.

(6) The Accountant has no duty or obligation in respect of the instruments deposited under subsection (5) except as custodian of the instruments, unless an order provides otherwise. R.R.O. 1990, Reg. 190, s. 1 (6).

2. (1) The Deputy Attorney General or the person or persons designated by the Deputy Attorney General has control and management of the money in the Superior Court of Justice, the investment of the money and the securities in which it is invested unless the money is paid into the Small Claims Court. R.R.O. 1990, Reg. 190, s. 2 (1); O. Reg. 487/99, s. 1.

(2) Money that is available for investment shall be invested in investments in which the Minister of Finance may invest public money under section 3 of the Financial Administration Act. R.R.O. 1990, Reg. 190, s. 2 (2).

(3) The person who has control and management of money paid into court may employ a trust corporation to make the investments or act as custodian of the securities purchased as investments. R.R.O. 1990, Reg. 190, s. 2 (3).

(4) Money paid or transferred to the Accountant bears interest on the minimum monthly balance,

(a) in the case of money held for a minor, at the rate of 5.6 per cent per year, compounded semi-annually;

(b) in the case of all other money, at the rate of 2.75 per cent per year, compounded semi-annually. O. Reg. 35/97, s. 1.