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ontario regulation 118/12

made under the

Public Guardian and Trustee Act

Made: May 30, 2012
Filed: June 1, 2012
Published on e-Laws: June 1, 2012
Printed in The Ontario Gazette: June 16, 2012

Amending O. Reg. 191/95


1. Ontario Regulation 191/95 is amended by revoking section 3 and substituting the following:

3. (1) In this section,

“Accountant” means the Accountant of the Superior Court of Justice; (“comptable”)

“court” means the Superior Court of Justice, including the Small Claims Court and Family Court branches of the Superior Court of Justice; (“tribunal”)

“order” means an order made under the Rules of Civil Procedure, the Small Claims Court Rules or the Family Law Rules. (“ordonnance”)

(2) Money paid into the Superior Court of Justice shall be paid to the Accountant.

(3) Subsection (2) does not apply to the following:

1. Money paid into court pursuant to the enforcement of an order for the payment or recovery of money, including money paid pursuant to enforcement by garnishment.

2. Money paid into the Small Claims Court pursuant to,

i. an order or proposal for payment made under rule 9.03 of the Small Claims Court Rules, or

ii. an offer to settle a claim in return for the payment of money, where the offer includes a term that the defendant pay the money into court.

3.   Money for the support of a child or spouse that is paid into court by the payor on behalf of a recipient.

(4) The money paid into court under subsection (2) and any securities in which it is invested are vested in the Accountant.

(5) Money that vests in the Accountant under subsection (4) shall be managed and invested by the Accountant in accordance with the Act.

(6) Mortgages, securities, other instruments and other personal property taken under an order made by a court or as security in respect of a proceeding in a court shall be taken in the name of and deposited with the Accountant, unless that court orders otherwise.

(7) The Accountant is the custodian of mortgages, securities, other instruments and other personal property deposited with him or her, but has no other duties or obligations with respect to them.

(8) The Accountant may engage the services of a person or body to undertake or assist in undertaking any or all of the Accountant’s role as custodian under subrule (7).


2. This Regulation comes into force on the later of January 1, 2013 and the day it is filed.