O. Reg. 149/21: PAYMENTS OUT OF SPECIAL PURPOSE ACCOUNTS
filed March 1, 2021 under Civil Remedies Act, 2001, S.O. 2001, c. 28
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made under the
Civil Remedies Act, 2001
Made: February 25, 2021
Filed: March 1, 2021
Published on e-Laws: March 1, 2021
Printed in The Ontario Gazette: March 20, 2021
Amending O. Reg. 498/06
(PAYMENTS OUT OF SPECIAL PURPOSE ACCOUNTS)
1. (1) The definition of “direct private victim” in subsection 1 (1) of Ontario Regulation 498/06 is revoked and the following substituted:
“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, and includes the estate of such an individual or person; (“victime privée directe”)
(2) The definition of “direct public victim” in subsection 1 (1) of the Regulation is revoked and the following substituted:
“direct public victim” means the Crown, a municipal corporation or a public institution that is a member of one of the classes of public institutions prescribed in subsection (2); (“victime publique directe”)
(3) The definition of “special purpose account” in subsection 1 (1) of the Regulation is revoked and the following substituted:
“special purpose account” means an account established under section 1.9, 6, 11 or 15 of the Act. (“compte spécial”)
(4) Subsection 1 (2) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:
(2) The following classes of public institutions are prescribed for the purposes of the Act:
. . . . .
2. Subsection 2 (1) of the Regulation is revoked and the following substituted:
(1) Money shall be paid out of a special purpose account established under section 1.9, 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 1.9 (3), 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 1.9 (6), 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.
3. Section 3 of the Regulation is revoked and the following substituted:
Payment of Crown costs out of other accounts
3. (1) Subsection (2) applies if the amount of money in any special purpose account is insufficient to satisfy the Crown’s costs under any of the following provisions of the Act:
1. Subsection 1.9 (3), paragraph 3 of subsection 1.9 (4) or subsection 1.9 (6).
2. Subsection 6 (2.1), paragraph 3 of subsection 6 (3) or subsection 6 (3.2).
3. Subsection 11 (2.1), paragraph 3 of subsection 11 (3) or subsection 11 (3.2).
4. Subsection 15 (2.1) or paragraph 2 of subsection 15 (3).
(2) In the circumstances described in subsection (1), 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.
4. Subsection 5 (2) of the Regulation is revoked and the following substituted:
(2) The notice shall be published on a website of the Government of Ontario and mailed to the last known address, if available, of each direct private victim known to the Director.
5. The Regulation is amended by adding the following section:
Post in lieu of notice
5.1 If the Director is satisfied that there are no known direct private victims or direct public victims of an unlawful activity, the Director may post an announcement of the forfeited property on a website of the Government of Ontario instead of providing the notice required by section 5.
6. Section 15 of the Regulation is revoked.
Commencement
7. This Regulation comes into force on the later of the day subsection 1 (1) of Schedule 3 to the Smarter and Stronger Justice Act, 2020 comes into force and the day this Regulation is filed.