ONTARIO regulation 91/02
made under the
remedies for organized crime and other unlawful activities act, 2001
Made: March 8, 2002
Filed: March 12, 2002
Printed in The Ontario Gazette: March 30, 2002
general
Orders For Payment of Legal Expenses
Re Property Subject to Interlocutory Order
(Sections 5 and 10 of Act)
Prescribed purpose
1. An order under section 5 or 10 of the Act may apply only to reasonable legal expenses incurred in a proceeding under this Act for the purpose of establishing the person’s claim to an interest in the property.
Funding
2. When the Superior Court of Justice makes an order for payment of reasonable legal expenses under section 5 or 10 of the Act, it may also vary the interlocutory order made under section 4 or 9 of the Act, as the case may be, to allow the Attorney General to convert property to money in order to comply with the payment order.
Monetary limits
3. Payments under orders made under section 5 or 10 of the Act in respect of property that is the subject of a proceeding 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 the Table to this section 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 of 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 of the regulation referred to in paragraph 4, with necessary modifications.
TABLE
|
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) |
Public Notice re Conspiracy Proceeding
(Section 13 of Act)
Notice
4. (1) On commencing a proceeding under section 13 of the Act, the Attorney General shall publish a notice of the proceeding in The Ontario Gazette and in Ontario Reports.
(2) The Attorney General may also publish the notice in any other way or ways that will bring the proceeding to the attention of the public.
(3) The Attorney General may, by motion with notice, seek directions from the Superior Court of Justice for the purposes of subsection (2).
Personal Information
(Section 19 of Act)
Reviewing authority
5. For the purposes of subsections 19 (4) and (5) of the Act, the reviewing authority is the civil forfeiture advisor in the Crown Law Office — Criminal of the Ministry of the Attorney General.
Institutions, classes of persons and circumstances
6. (1) The institutions listed in Column 1 of the Table to this section are prescribed for the purpose of paragraph 1 of subsection 19 (4) of the Act.
(2) The classes of persons listed in Column 2 of the Table to this section are prescribed for the purpose of paragraph 2 of subsection 19 (4) of the Act.
(3) The circumstances listed in Column 3 of the Table to this section are prescribed for the purpose of paragraph 3 of subsection 19 (4) of the Act.
TABLE
|
Item |
Column 1 |
Column 2 |
Column 3 |
|
Institution |
Class of persons |
Circumstances |
|
|
1. |
Ministry of Agriculture, Food and Rural Affairs |
Employees of the institution who are directors, deputy directors, chief inspectors and inspectors under the following: Animals for Research Act Beef Cattle Marketing Act Dead Animal Disposal Act Farm Products Grades and Sales Act Livestock and Livestock Products Act Livestock Community Sales Act Livestock Medicines Act Meat Inspection Act |
Course of employment
|
|
2. |
Ministry of Agriculture, Food and Rural Affairs |
Veterinarians who are inspectors under the Livestock Community Sales Act and are not employees of the institution |
Performance of duties and exercise of powers |
|
3. |
Ministry of Agriculture, Food and Rural Affairs |
Inspectors under the Meat Inspection Act who are not employees of the institution |
Performance of duties and exercise of powers |
|
4. |
Ministry of Agriculture, Food and Rural Affairs |
Employees of the institution who are directors and deputy directors under the Milk Act |
Course of employment |
|
5. |
Ministry of Agriculture, Food and Rural Affairs |
Employees of the institution who are field-persons under the Milk Act |
Course of employment |
|
6. |
Ministry of Agriculture, Food and Rural Affairs |
Field-persons under the Milk Act who are appointed by a director who is appointed by the Minister, and who are not employees of the institution |
Performance of duties and exercise of powers |
|
7. |
Ministry of Agriculture, Food and Rural Affairs |
Employees of the institution who are inspectors and chief inspectors under the Edible Oil Products Act |
Course of employment |
|
8. |
Ministry of Agriculture, Food and Rural Affairs |
Analysts under the Edible Oil Products Act who are not employees of the institution |
Performance of duties and exercise of powers |
|
9. |
Livestock Financial Protection Board |
Persons who act as secretary to the Board |
Performance of duties as secretary to the Board |
|
10. |
Grain Financial Protection Board |
Persons who act as secretary to the Board |
Performance of duties as secretary to the Board |
|
11. |
Alcohol and Gaming Commission of Ontario |
Bureau Commander — Investigation and Enforcement Bureau |
Course of employment |
|
12. |
Ministry of Correctional Services |
Correctional officers, probation officers, parole officers and special investigators |
Course of employment |
|
13. |
Ministry of Education |
Assistant deputy ministers |
Course of employment |
|
14. |
Ministry of Energy, Science and Technology |
Inspectors under the Energy Efficiency Act |
Course of employment |
|
15. |
Ministry of Energy, Science and Technology |
Assistant Deputy Minister — Energy Division |
Course of employment |
|
16. |
Independent Electricity Market Operator |
Officers, directors and members of the Market Surveillance Panel |
Course of employment |
|
17. |
Ontario Energy Board |
Inspectors and investigators |
Course of employment |
|
18. |
Ontario Energy Board |
Director of Licensing and all other employees involved in licensing |
Course of employment |
|
19. |
Ministry of the Environment |
Inspectors, investigators and enforcement personnel |
Course of employment |
|
20. |
Financial Services Commission of Ontario |
All employees and agents |
Course of monitoring, examining or investigating compliance with statutes administered by the institution Course of administering matters under the Motor Vehicles Accident Claims Fund |
|
21. |
Management Board Secretariat |
Assistant Deputy Minister — Internal Ministry Services Division |
Course of employment |
|
22. |
Ontario Realty Corporation |
Chief Financial Officer |
Course of employment |
|
23. |
Ministry of Natural Resources |
Director — Enforcement Branch, Manager — Evaluation and Special Services Unit, and Manager — Field Services Unit |
Course of employment |
|
24. |
Ministry of the Solicitor General |
Persons who are police officers as defined in the Police Services Act |
Course of employment |
|
25. |
Ministry of Training, Colleges and Universities |
Assistant deputy ministers |
Course of employment |
|
26. |
Any institution under the Municipal Freedom of Information and Protection of Privacy Act |
Persons who are police officers as defined in the Police Services Act |
Course of employment |
Criteria
7. The following criteria are prescribed for the purpose of subsection 19 (5) of the Act:
1. Paragraphs 1, 2 and 3 of subsection 19 (4) of the Act have been complied with.
2. Subsection 19 (8) of the Act has been complied with.
3. It is reasonable to believe that the disclosed information would be useful for a purpose described in subsection 19 (1) of the Act.
4. The public interest outweighs the privacy interests of the person to whom the information relates, based on,
i. the purposes set out in section 1 of the Act,
ii. the importance of respecting relationships that are legally recognized to be privileged,
iii. the person’s reasonable expectation that the information will be kept private, and
iv. any other factor that the reviewing authority considers relevant.
Commencement
8. This Regulation comes into force on the day the Remedies for Organized Crime and Other Unlawful Activities Act, 2001 is proclaimed in force.
13/02