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ontario regulation 235/03

made under the

Prohibiting profiting from recounting crimes act, 2002

Made: June 4, 2003
Filed: June 6, 2003
Printed in The Ontario Gazette: June 21, 2003

general

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.

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.

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.

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.

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, disbursements, fees for services of law clerks, articled students and investigators, and costs for travel time.

4. Lawyers’ fees shall be calculated based on a number of hours worked that the court finds to be reasonable and on the hourly rate set out in Part I of Schedule 2 to Ontario Regulation 107/99 made under the Legal Aid Services Act, 1998.

5. Costs for travel time shall be calculated in accordance with Item 23 of Part IV of Schedule 2 to the regulation referred to in paragraph 4, with necessary modifications.

6. Fees for services shall be calculated based on a number of hours worked that the court finds to be reasonable and on the hourly rate set out in Schedule 3 to the regulation referred to in paragraph 4.

7. Disbursements shall be calculated in accordance with Schedule 6 to the regulation referred to in paragraph 4, with necessary modifications.

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.

Commencement

Commencement

7. This Regulation comes into force on the later of the day it is filed and the day subsection 13 (1) of the Act is proclaimed in force. 

TABlE 1

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

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 years

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

TABLE 2

maximum Amount For Legal Expenses
(Section 5 of Regulation)

 

Column 1

Column 2

Total Amount Held

(property that is money or has been converted to money)

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)

 

 

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