Civil Remedies Act, 2001

PART I PURPOSE

1 The purpose of this Act is to provide civil remedies that will assist in, (a) compensating persons who suffer pecuniary or non-pecuniary losses as a result of unlawful activities; (b) preventing persons who engage in unlawful activities and others from keeping property that was acquired as a result of unlawful activities; (c) preventing property, including vehicles as defined in Part III.1, from being used to engage in certain unlawful activities; and (d) preventing injury to the public that may result from conspiracies to engage in unlawful activities. 2001, c. 28, s. 1; 2007, c. 13, s. 26. Section Amendments with date in force (d/m/y) 2007, c. 13, s. 26 - 20/02/2008

Part I.1 Administrative Forfeiture

1.1 In this Part, “deadline date” means, in respect of an administrative forfeiture proceeding under this Part, the day that is 120 days after the later of, (a) the day on which every person who is entitled to receive written notice of the proceeding under clause 1.3 (1) (b) has either, (i) received the notice or been deemed to have received the notice, or (ii) been the subject of a final attempt to serve the person under clause 1.3 (4) (b), and (b) the day the notice required by subsection 1.3 (7) is published on a website of the Government of Ontario; (“date limite”) “Director” means the Director of Asset Management – Civil appointed under section 15.1; (“directeur”) “instrument of unlawful activity” has the same meaning as in section 7; (“instrument d’activité illégale”) “notice of dispute” means a notice of dispute described in section 1.5; (“avis de contestation”) “proceeds of unlaw…

1.2 (1) Property may be the subject of an administrative forfeiture proceeding under this Part if, (a) it is personal property that is located in Ontario; (b) it is held by or on behalf of a public body; (c) no person has a prior registered interest in the property; and (d) the property is not the subject of a proceeding under Part II, III, III.1 or IV. 2020, c. 11, Sched. 3, s. 1 (1). Grounds to seek administrative forfeiture (2) The Attorney General may commence an administrative forfeiture proceeding against property if he or she has reason to believe that the property is proceeds of unlawful activity or an instrument of unlawful activity. 2020, c. 11, Sched. 3, s. 1 (1). Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 3, s. 1 (1) - 01/03/2021

1.3 (1) In order to commence an administrative forfeiture proceeding, the Attorney General must, (a) file notice of the administrative forfeiture proceeding against the property in the registration system established under the Personal Property Security Act; and (b) give written notice of the administrative forfeiture proceeding to, (i) the person from whom the property was seized, (ii) the public body that is holding the property or on whose behalf the property is being held, and (iii) any other person whom the Attorney General has reason to believe may have an interest in the property. 2020, c. 11, Sched. 3, s. 1 (1). Manner of giving notice (2) Subject to subsections (3) to (6), the Attorney General must make reasonable efforts to personally serve the notice required by subclauses (1) (b) (i) and (iii) on the person. 2020, c. 11, Sched. 3, s. 1 (1). If person not available (3) If the …

1.4 (1) Subject to subsection (2) and to any orders made under this Act, a public body that receives a notice of administrative forfeiture from the Attorney General shall maintain the property that is subject to forfeiture and ensure that it is not released to any person, despite any other claim, interest or right of possession in the property, until, (a) the Attorney General notifies the public body that the Attorney General is withdrawing from seeking forfeiture of the property under this Act; (b) the Attorney General notifies the public body in accordance with subsection 1.8 (2) that the property has been forfeited; or (c) the public body receives notice of an order made pursuant to Part II, III, III.1 or IV that forfeits the property to the Crown in right of Ontario or otherwise deals with possession of the property. 2020, c. 11, Sched. 3, s. 1 (1). Exception, perishable or rapidly d…

1.5 (1) A person who claims to have an interest in property may oppose the forfeiture of that property by submitting a notice of dispute to the Attorney General in accordance with this section. 2020, c. 11, Sched. 3, s. 1 (1). Notice of dispute requirements (2) The notice of dispute must include, (a) either, (i) the file number specified in the notice issued under section 1.3, or (ii) a description that identifies the property; (b) the name of the person claiming an interest in the property; (c) the particulars of the person’s interest in the property; (d) the basis upon which the person disputes forfeiture of the property; and (e) the address for service of the person opposing forfeiture of the property. 2020, c. 11, Sched. 3, s. 1 (1). Deadline (3) A notice of dispute must be received by the Attorney General on or before the deadline date. 2020, c. 11, Sched. 3, s. 1 (1). Section Amend…

1.6 (1) Within 45 days after receiving a notice of dispute in respect of property, the Attorney General shall, (a) either commence proceedings against the property under Part II, III, III.1 or IV or withdraw from seeking forfeiture of the property under this Act; and (b) give notice of the commencement of the new proceedings, or the withdrawal from seeking forfeiture of the property under this Act, to, (i) every person and public body that received notice of the administrative forfeiture proceeding under clause 1.3 (1) (b), and (ii) each person who submitted a notice of dispute in respect of the property. 2020, c. 11, Sched. 3, s. 1 (1). Discharge of notice (2) After receiving a notice of dispute in respect of property, the Attorney General shall discharge the notice registered pursuant to clause 1.3 (1) (a) as soon as is practicable. 2020, c. 11, Sched. 3, s. 1 (1). Section Amendments w…

1.7 (1) The Attorney General may, at any time and on his or her own initiative, (a) withdraw from seeking forfeiture of property under this Act; or (b) discontinue an administrative forfeiture proceeding and commence proceedings under Part II, III, III.1 or IV. 2020, c. 11, Sched. 3, s. 1 (1). Notice (2) If the Attorney General takes either of the actions described in subsection (1), (a) the notice registered pursuant to clause 1.3 (1) (a) shall be discharged by the Attorney General as soon as is practicable; and (b) the Attorney General shall give notice of the action to each person and public body that received notice of the administrative forfeiture proceeding under clause 1.3 (1) (b). 2020, c. 11, Sched. 3, s. 1 (1). Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 3, s. 1 (1) - 01/03/2021

1.8 (1) If the Attorney General does not receive a notice of dispute on or before the deadline date, the property specified in the notice of administrative forfeiture proceeding published under subsection 1.3 (7) is forfeited to the Crown in right of Ontario on the day after the deadline date. 2020, c. 11, Sched. 3, s. 1 (1). Notice to public body (2) The Attorney General shall prepare a notice of forfeiture that confirms the property has been forfeited to the Crown in right of Ontario and give a copy of the notice to the public body in possession of the property. 2020, c. 11, Sched. 3, s. 1 (1). Release of property (3) The public body shall release the property to the Director upon receipt of the notice of forfeiture. 2020, c. 11, Sched. 3, s. 1 (1). Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 3, s. 1 (1) - 01/03/2021

1.9 (1) If property forfeited to the Crown in right of Ontario under this Part is money or is converted to money, the money shall be deposited in a separate, interest bearing account in the Consolidated Revenue Fund. 2020, c. 11, Sched. 3, s. 1 (1). Same (2) For the purpose of the Financial Administration Act, money deposited under subsection (1) shall be deemed to be money paid to Ontario for a special purpose. 2020, c. 11, Sched. 3, s. 1 (1). Payments out of account for Crown’s costs (3) If money is deposited in an account under subsection (1), the Minister of Finance shall make payments out of the account, at the request of the Director and in the amounts determined by the Director under subsection (8), to compensate the Crown in right of Ontario for its costs incurred in, (a) conducting the proceeding under this Part with respect to the property; (b) determining whether the proceedin…

1.10 (1) A person who claims to have had an interest in the property at the time it was forfeited under section 1.8 but who failed to submit a notice of dispute on or before the deadline date may commence an action for damages against the Crown in right of Ontario. 2020, c. 11, Sched. 3, s. 1 (1). Onus on plaintiff (2) The plaintiff in an action commenced under this section must establish that, (a) he or she has an interest in the property; and (b) he or she had a reasonable excuse for the failure to submit a notice of dispute to the Attorney General on or before the deadline date. 2020, c. 11, Sched. 3, s. 1 (1). Same, proceeds of unlawful activity (3) If the Crown in right of Ontario establishes that the property was proceeds of unlawful activity, the plaintiff’s action will be unsuccessful unless the plaintiff establishes that he or she is an uninvolved interest holder, as defined in …

PART II PROCEEDS OF UNLAWFUL ACTIVITY

2 In this Part, “Director” means the Director of Asset Management – Civil appointed under section 15.1; (“directeur”) “proceeds of unlawful activity” means property acquired, directly or indirectly, in whole or in part, as a result of unlawful activity, whether the property was acquired before or after this Act came into force, but does not include proceeds of a contract for recounting crime within the meaning of the Prohibiting Profiting from Recounting Crimes Act, 2002; (“produit d’activité illégale”) “property” means real or personal property, and includes any interest in property; (“bien”) “uninvolved interest holder” means, with respect to property that is proceeds of unlawful activity, a person who did not, directly or indirectly, acquire the property as a result of unlawful activity committed by the person, and who, (a) was the rightful owner of the property before the unlawful ac…

3 (1) In a proceeding commenced by the Attorney General, the Superior Court of Justice shall, subject to subsection (3) and except where it would clearly not be in the interests of justice, make an order forfeiting property that is in Ontario to the Crown in right of Ontario if the court finds that the property is proceeds of unlawful activity. 2001, c. 28, s. 3 (1). Action or application (2) The proceeding may be by action or application. 2001, c. 28, s. 3 (2). Uninvolved interest holder (3) If the court finds that property is proceeds of unlawful activity and a party to the proceeding proves that he, she or it is an uninvolved interest holder of the property, the court, except where it would clearly not be in the interests of justice, shall make such order as it considers necessary to protect the uninvolved interest holder’s interest in the property. 2001, c. 28, s. 3 (3); 2020, c. 11,…

3.1 (1) On motion of the Attorney General in a proceeding or intended proceeding under section 3, the Superior Court of Justice may make an order requiring a person to disclose to the Attorney General information or records in the custody or control of the person if the Court is satisfied that the information or records are reasonably required by the Attorney General in order to exercise the Attorney General’s powers or perform the Attorney General’s functions and duties under this Act. 2020, c. 11, Sched. 3, s. 4. Timing (2) The Attorney General may apply for an order under subsection (1) before, at the time of or after, (a) commencing proceedings under section 3; or (b) applying for an order under section 4. 2020, c. 11, Sched. 3, s. 4. Motion made without notice (3) An order under subsection (1) may be made on motion without notice for a period not exceeding 60 days. 2020, c. 11, Sche…

4 (1) On motion by the Attorney General in a proceeding or intended proceeding under section 3, the Superior Court of Justice may make any or all of the following interlocutory orders for the preservation, management or disposition of any property that is the subject of the proceeding: 1. An order restraining the disposition or encumbrance of the property or its use as collateral under the Personal Property Security Act or otherwise. 2. An order for the possession, delivery or safekeeping of the property. 3. An order appointing a receiver or receiver and manager for the property. 4. An order for the sale or other disposition of the property if it is perishable or of a rapidly depreciating nature. 4.1 An order that any proceeds of sale or other disposition of the property be paid into court pending the conclusion of a proceeding under section 3. 5. An order to sever or partition any inter…

5 (1) Subject to the regulations made under this Act, a person who claims an interest in property that is subject to an interlocutory order made under section 4 may make a motion to the Superior Court of Justice for an order directing that reasonable legal expenses incurred by the person be paid out of the property. 2001, c. 28, s. 5 (1). Restrictions on order (2) The court may make an order under subsection (1) only if it finds that, (a) the moving party has, in the motion, (i) disclosed all interests in property held by the moving party, and (ii) disclosed all other interests in property that, in the opinion of the court, other persons associated with the moving party should reasonably be expected to contribute to the payment of the legal expenses; (b) the interests in property referred to in clause (a) that are not subject to the interlocutory order made under section 4 are not suffic…

6 (1) If property forfeited to the Crown in right of Ontario under this Part is money or is converted to money, the money shall be deposited in a separate, interest bearing account in the Consolidated Revenue Fund. 2001, c. 28, s. 6 (1). Same (2) For the purpose of the Financial Administration Act, money deposited under subsection (1) shall be deemed to be money paid to Ontario for a special purpose. 2001, c. 28, s. 6 (2). Payments out of account for Crown’s costs (2.1) If money is deposited in an account under subsection (1), the Minister of Finance shall make payments out of the account, at the request of the Director and in the amounts determined by the Director under subsection (3.4), to compensate the Crown in right of Ontario for its costs incurred, (a) in conducting the proceeding under this Part or Part I.1 with respect to the property; (b) in determining whether the proceeding u…

PART III INSTRUMENTS OF UNLAWFUL ACTIVITY

7 (1) In this Part, “Director” means the Director of Asset Management – Civil appointed under section 15.1; (“directeur”) “injury to the public” includes, (a) any unreasonable interference with the public’s interest in the enjoyment of property, (b) any unreasonable interference with the public’s interest in questions of health, safety, comfort or convenience, (c) any expenses or increased expenses incurred by the public, including any expenses or increased expenses incurred by the Crown in right of Ontario, a municipal corporation or a public institution that belongs to a class prescribed by the regulations made under this Act, and (d) a contravention of subsection 2 (1) or (4) of the Keeping Ontario Open for Business Act, 2022; (“préjudice causé au public”) “instrument of unlawful activity” means property that is likely to be used to engage in unlawful activity that, in turn, would be …

8 (1) In a proceeding commenced by the Attorney General, the Superior Court of Justice shall, subject to subsection (3) and except where it would clearly not be in the interests of justice, make an order forfeiting property that is in Ontario to the Crown in right of Ontario if the court finds that the property is an instrument of unlawful activity. 2001, c. 28, s. 8 (1). Action or application (2) The proceeding may be by action or application. 2001, c. 28, s. 8 (2). Responsible owners (3) If the court finds that property is an instrument of unlawful activity and a party to the proceeding proves that he, she or it is a responsible owner of the property, the court, except where it would clearly not be in the interests of justice, shall make such order as it considers necessary to protect the responsible owner’s interest in the property. 2001, c. 28, s. 8 (3). Property sold, disposed of (3…

8.1 (1) On motion of the Attorney General in a proceeding or intended proceeding under section 8, the Superior Court of Justice may make an order requiring a person to disclose to the Attorney General information or records in the custody or control of the person if the Court is satisfied that the information or records are reasonably required by the Attorney General in order to exercise the Attorney General’s powers or perform the Attorney General’s functions and duties under this Act. 2020, c. 11, Sched. 3, s. 6. Timing (2) The Attorney General may apply for an order under subsection (1) before, at the time of or after, (a) commencing proceedings under section 8; or (b) applying for an order under section 9. 2020, c. 11, Sched. 3, s. 6. Motion made without notice (3) An order under subsection (1) may be made on motion without notice for a period not exceeding 60 days. 2020, c. 11, Sche…

9 (1) On motion by the Attorney General in a proceeding or intended proceeding under section 8, the Superior Court of Justice may make any or all of the following interlocutory orders for the preservation, management or disposition of any property that is the subject of the proceeding: 1. An order restraining the disposition or encumbrance of the property or its use as collateral under the Personal Property Security Act or otherwise. 2. An order for the possession, delivery or safekeeping of the property. 3. An order appointing a receiver or receiver and manager for the property. 4. An order for the sale or other disposition of the property if it is perishable or of a rapidly depreciating nature. 4.1 An order that any proceeds of sale or other disposition of the property be paid into court pending the conclusion of a proceeding under section 8. 5. An order to sever or partition any inter…

10 (1) Subject to the regulations made under this Act, a person who claims an interest in property that is subject to an interlocutory order made under section 9 may make a motion to the Superior Court of Justice for an order directing that reasonable legal expenses incurred by the person be paid out of the property. 2001, c. 28, s. 10 (1). Restrictions on order (2) The court may make an order under subsection (1) only if it finds that, (a) the moving party has, in the motion, (i) disclosed all interests in property held by the moving party, and (ii) disclosed all other interests in property that, in the opinion of the court, other persons associated with the moving party should reasonably be expected to contribute to the payment of the legal expenses; (b) the interests in property referred to in clause (a) that are not subject to the interlocutory order made under section 9 are not suff…

11 (1) If property forfeited to the Crown in right of Ontario under this Part is money or is converted to money, the money shall be deposited in a separate, interest bearing account in the Consolidated Revenue Fund. 2001, c. 28, s. 11 (1). Same (2) For the purpose of the Financial Administration Act, money deposited under subsection (1) shall be deemed to be money paid to Ontario for a special purpose. 2001, c. 28, s. 11 (2). Payments out of account for Crown’s costs (2.1) If money is deposited in an account under subsection (1), the Minister of Finance shall make payments out of the account, at the request of the Director and in the amounts determined by the Director under subsection (3.4), to compensate the Crown in right of Ontario for its costs incurred, (a) in conducting the proceeding under this Part or Part I.1; (b) in determining whether the proceeding under this Part or Part I.1…

Part III.1 Unlawful Activities related to road safety

11.1 In this Part, “approved ignition interlock device” has the same meaning as in section 41.2 of the Highway Traffic Act; (“dispositif de verrouillage du système de démarrage approuvé”) “Director” means the Director of Asset Management – Civil appointed under section 15.1; (“directeur”) “owner”, with respect to a vehicle, means, (a) each person whose name appears on the vehicle portion and the plate portion of the permit, or (b) if the vehicle is registered in a jurisdiction outside Ontario, each person whose name appears on the certificate of title or registration in that jurisdiction; (“propriétaire”) “responsible vehicle owner” means an owner of a vehicle, or other person who has an interest in a vehicle, who has done all that can reasonably be done to prevent the vehicle from being used to engage in vehicular unlawful activity, including, (a) promptly notifying appropriate law enfo…

11.2 (1) In a proceeding commenced by the Attorney General, the Superior Court of Justice shall, subject to subsection (4) and except where it would clearly not be in the interests of justice, make an order forfeiting a vehicle to the Crown in right of Ontario if the court finds that the vehicle, (a) was or is likely to be used to engage in vehicular unlawful activity; and (b) is owned by or is in the care, control or possession of a person whose driver’s licence has been suspended under the Highway Traffic Act for vehicular unlawful activity two or more times in the preceding 10 years. 2007, c. 13, s. 32. Action or application (2) The proceeding may be by action or application. 2007, c. 13, s. 32. Vehicle sold, disposed of (3) Where a vehicle that is the subject of a proceeding under this section is sold or otherwise disposed of after the proceeding has been commenced but before an orde…

11.2.1 (1) On motion of the Attorney General in a proceeding or intended proceeding under section 11.2, the Superior Court of Justice may make an order requiring a person to disclose to the Attorney General information or records in the custody or control of the person if the Court is satisfied that the information or records are reasonably required by the Attorney General in order to exercise the Attorney General’s powers or perform the Attorney General’s functions and duties under this Act. 2020, c. 11, Sched. 3, s. 8. Timing (2) The Attorney General may apply for an order under subsection (1) before, at the time of or after, (a) commencing proceedings under section 11.2; or (b) applying for an order under section 11.3. 2020, c. 11, Sched. 3, s. 8. Motion made without notice (3) An order under subsection (1) may be made on motion without notice for a period not exceeding 60 days. 2020,…

11.3 (1) On motion by the Attorney General in a proceeding or intended proceeding under section 11.2, the Superior Court of Justice may make any or all of the following interlocutory orders for the preservation, impounding, modification or disposition of any vehicle that is the subject of the proceeding: 1. An order restraining the disposition or encumbrance of the vehicle or its use as collateral under the Personal Property Security Act or otherwise. 2. An order for the vehicle to be impounded by the Director and for the vehicle to be released only on a further order of the court. 3. An order for the possession, delivery or safekeeping of the vehicle. 4. An order requiring that the vehicle be equipped with an approved ignition interlock device. 5. An order for the sale or other disposition of the vehicle. 6. An order that any proceeds of sale or other disposition of the vehicle be paid …

11.4 (1) If a vehicle forfeited to the Crown in right of Ontario under this Part is converted to money, the money shall be deposited in a separate, interest bearing account in the Consolidated Revenue Fund. 2007, c. 13, s. 32. Same (2) For the purpose of the Financial Administration Act, money deposited under subsection (1) shall be deemed to be money paid to Ontario for a special purpose. 2007, c. 13, s. 32. Payments out of account for Crown’s costs (3) If money is deposited in an account under subsection (1), the Minister of Finance shall make payments out of the account, at the request of the Director and in the amounts determined by the Director under subsection (8), to compensate the Crown in right of Ontario for its costs incurred, (a) in conducting the proceeding under this Part or Part I.1; (b) in determining whether the proceeding under this Part or Part I.1 should be commenced;…

PART IV CONSPIRACIES THAT INJURE THE PUBLIC

12 In this Part, “injury to the public” has the same meaning as in Part III; (“préjudice causé au public”) “property” means real or personal property, and includes any interest in property; (“bien”) “public” includes any class of the public; (“public”) “unlawful activity” means an act or omission that, (a) is an offence under an Act of Canada, Ontario or another province or territory of Canada, or (b) is an offence under an Act of a jurisdiction outside Canada, if a similar act or omission would be an offence under an Act of Canada or Ontario if it were committed in Ontario, whether the act or omission occurred before or after this Part came into force. (“activité illégale”) 2001, c. 28, s. 12; 2020, c. 11, Sched. 3, s. 10; 2022, c. 10, s. 18 (4). Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 3, s. 10 - 01/03/2021 2022, c. 10, s. 18 (4) - 14/04/2022

13 (1) In a proceeding commenced by the Attorney General, the Superior Court of Justice may make any order that the court considers just if it finds that, (a) two or more persons conspired to engage in unlawful activity; (b) one or more of the parties to the conspiracy knew or ought to have known that the unlawful activity would be likely to result in injury to the public; and (c) injury to the public has resulted from or would be likely to result from the unlawful activity. 2001, c. 28, s. 13 (1). Action or application (2) The proceeding may be by action or application. 2001, c. 28, s. 13 (2). Notice to public (3) The Attorney General shall give notice to the public of a proceeding under this section in accordance with the regulations. 2001, c. 28, s. 13 (3). Orders (4) Without limiting the generality of subsection (1), an order made under subsection (1) may, (a) for the purpose of prev…

13.1 (1) On motion of the Attorney General in a proceeding or intended proceeding under section 13, the Superior Court of Justice may make an order requiring a person to disclose to the Attorney General information or records in the custody or control of the person if the Court is satisfied that the information or records are reasonably required by the Attorney General in order to exercise the Attorney General’s powers or perform the Attorney General’s functions and duties under this Act. 2020, c. 11, Sched. 3, s. 11. Timing (2) The Attorney General may apply for an order under subsection (1) before, at the time of or after, (a) commencing proceedings under section 13; or (b) applying for an order under section 14. 2020, c. 11, Sched. 3, s. 11. Motion made without notice (3) An order under subsection (1) may be made on motion without notice for a period not exceeding 60 days. 2020, c. 11…

14 (1) On motion by the Attorney General in a proceeding or intended proceeding under section 13, the Superior Court of Justice may, for the purpose of preventing or reducing the risk of injury to the public, make such interlocutory order as the court considers just. 2001, c. 28, s. 14 (1). Presumption of risk of injury to the public (2) Subsection 13 (6) applies, with necessary modifications, for the purpose of this section. 2001, c. 28, s. 14 (2). Motion made without notice (3) An order under subsection (1) may be made on motion without notice for a period not exceeding 30 days. 2001, c. 28, s. 14 (3); 2007, c. 13, s. 33 (1). Extension (4) If an order under subsection (1) is made on a motion without notice, a motion to extend the order may be made only on notice to every party affected by the order, unless the court is satisfied that because a party has been evading service or because …

15 (1) If the Crown in right of Ontario receives money pursuant to an order made in a proceeding under this Part that requires a person to pay damages to the Crown, the money shall be deposited in a separate, interest bearing account in the Consolidated Revenue Fund. 2001, c. 28, s. 15 (1). Same (2) For the purpose of the Financial Administration Act, money deposited under subsection (1) shall be deemed to be money paid to Ontario for a special purpose. 2001, c. 28, s. 15 (2). Payments out of account for Crown’s costs (2.1) If money is deposited in an account under subsection (1), the Minister of Finance shall make payments out of the account, at the request of the Director and in the amounts determined by the Director under subsection (3.2), to compensate the Crown in right of Ontario for its costs incurred, (a) in conducting the proceeding under this Part or Part I.1; (b) in determinin…

Part IV.1 Management of property

15.0.1 In this Part, “property” includes a vehicle, as defined in section 11.1. 2007, c. 13, s. 34. Section Amendments with date in force (d/m/y) 2007, c. 13, s. 34 - 20/02/2008

15.1 (1) The Attorney General shall appoint a person to be the Director of Asset Management – Civil who shall be responsible for taking possession of and preserving, managing or disposing of or otherwise dealing with all property, (a) forfeited to the Crown in right of Ontario under this Act or under the Prohibiting Profiting from Recounting Crimes Act, 2002; or (b) that is the subject of an interlocutory order under subsection 4 (1), 9 (1), 11.3 (1) or 14 (1) of this Act or under subsection 5 (1) or 6 (2) of the Prohibiting Profiting from Recounting Crimes Act, 2002 under which the Director is assigned duties by the court. 2005, c. 33, s. 27; 2007, c. 13, s. 35. Same (2) The Director shall perform any additional duties assigned to him or her by the Attorney General. 2005, c. 33, s. 27. Section Amendments with date in force (d/m/y) 2005, c. 33, s. 27 - 15/12/2005 2007, c. 13, s. 35 - 20/…

15.2 (1) The powers and duties of the Director of Asset Management – Civil may be exercised and performed by an employee of the Ministry appointed as Acting Director if, (a) the Director is absent or unable to act; or (b) the individual who was appointed Director has ceased to be the Director and no new Director has been appointed. 2005, c. 33, s. 27. Same (2) An Acting Director shall be appointed by the Director or, if the Director is absent or unable to act, the Deputy Attorney General. 2005, c. 33, s. 27. Section Amendments with date in force (d/m/y) 2005, c. 33, s. 27 - 15/12/2005

15.3 (1) Subject to any limits contained in an order under subsection 4 (1), 9 (1), 11.3 (1) or 14 (1) of this Act or under subsection 5 (1) or 6 (2) of the Prohibiting Profiting from Recounting Crimes Act, 2002, the Director of Asset Management – Civil may preserve, manage, modify, store, sell or otherwise dispose of or deal with any property described in subsection 15.1 (1) that is not money in any manner that he or she considers proper. 2007, c. 13, s. 36 (1). Same (2) Without limiting the generality of subsection (1), the Director may, (a) tow, take possession of and preserve, store or manage the property for the length of time and on the terms that he or she considers proper; (a.1) modify a vehicle to which Part III.1 applies by installing an approved ignition interlock device, as defined in that Part; (b) convert the property to money at a price and on the terms that he or she cons…

15.4 (1) Property that is forfeited to the Crown in right of Ontario under an order made under this Act shall be dealt with and disposed of by the Director of Asset Management – Civil as provided under this Part. 2005, c. 33, s. 27. Escheats Act, 2015 does not apply (2) The Escheats Act, 2015 does not apply to property that is forfeited to the Crown in right of Ontario under an order made under this Act. 2015, c. 38, Sched. 4, s. 26. Fines and Forfeitures Act does not apply (3) The Fines and Forfeitures Act does not apply to property that is forfeited to the Crown in right of Ontario under an order made under this Act. 2005, c. 33, s. 27. Mining lands (4) Despite subsection 15.1 (1) and subsection (1) of this section, where mining lands as defined in the Mining Act have become forfeited to the Crown in right of Ontario under an order made under this Act, such mining lands shall be dealt …

PART V GENERAL

15.5 (1) In any proceeding or intended proceeding under Part II, III or III.1, the Attorney General shall give notice of the proceeding and of any interlocutory motion to be brought in respect of such proceeding or intended proceeding to the following persons in accordance with the rules of court as if such persons were parties to the proceeding: 1. Where the property that is the subject of the proceeding or intended proceeding is registered under the Land Titles Act, every person appearing by the parcel register to have an interest in the property. 2. Where the Registry Act applies to the property that is the subject of the proceeding or intended proceeding, every person appearing by the abstract index to have an interest in the property. 3. Where there is a statutory lien in favour of the Crown or any other public authority against the property that is the subject of the proceeding or …

15.6 (1) All proceedings, including proceedings for an interlocutory order, under Parts II, III and III.1, whether by action or application, are in rem and not in personam. 2007, c. 13, s. 37. Parties (2) Subsection (1) applies even though the proceedings have parties. 2007, c. 13, s. 37. Same (3) The rules of court apply with necessary modifications to the court’s jurisdiction to make an order in respect of any party or other person in any proceeding as if the proceeding were in personam and such person were a named defendant or respondent in the proceeding. 2007, c. 13, s. 37. Application (4) This section applies to all proceedings under Parts II, III and III.1, including proceedings for an interlocutory order, even if the proceedings were commenced before the coming into force of this section. 2007, c. 13, s. 37. Section Amendments with date in force (d/m/y) 2007, c. 13, s. 37 - 04/06…

16 Except as otherwise provided in this Act, findings of fact in proceedings under this Act shall be made on the balance of probabilities. 2001, c. 28, s. 16.

17 (1) In proceedings under this Act, proof that a person was convicted, found guilty or found not criminally responsible on account of mental disorder in respect of an offence is proof that the person committed the offence. 2001, c. 28, s. 17 (1). Same (2) In proceedings under this Act, an offence may be found to have been committed even if, (a) no person has been charged with the offence; or (b) a person was charged with the offence but the charge was withdrawn or stayed or the person was acquitted of the charge. 2001, c. 28, s. 17 (2).

18 For the purposes of a proceeding under this Act, a person cannot claim to have an interest in property, including a vehicle as defined in section 11.1, if, under the law of Canada or Ontario, it is unlawful for the person to possess the property. 2001, c. 28, s. 18; 2007, c. 13, s. 38. Section Amendments with date in force (d/m/y) 2007, c. 13, s. 38 - 20/02/2008

18.1 (1) Despite anything to the contrary in this Act, the court may approve a settlement in relation to a proceeding under this Act, on the motion or application of the Attorney General or of any other party to the proceeding with the Attorney General’s consent. 2018, c. 17, Sched. 6, s. 1. Forfeiture (2) For greater certainty, the power to approve a settlement under subsection (1) includes a power to approve a settlement that provides for the full or partial forfeiture of the property that is the subject of the proceeding. 2018, c. 17, Sched. 6, s. 1. Payments in lieu (3) For greater certainty, the power to approve a settlement under subsection (1) includes a power to approve a settlement that provides for payment of a monetary amount instead of the full or partial forfeiture of the property that is the subject of the proceeding. 2020, c. 11, Sched. 3, s. 14. Section Amendments with da…

18.2 (1) A public body may maintain possession of property in order to allow the Attorney General to determine whether a proceeding should be commenced under this Act in respect of the property and, if the Attorney General deems it necessary, obtain an interlocutory order under this Act in respect of the property. 2020, c. 11, Sched. 3, s. 15 (1). Same (2) Subsection (1) does not authorize the possession of property by a public body after the earlier of the following: 1. The day that is 75 days after the day the public body receives a written request or demand for the return of the property. 2. The day that is 75 days after the day the public body commences or receives notice of a legal proceeding seeking the return of the property. 2020, c. 11, Sched. 3, s. 15 (1). Definition (3) In subsection (1), “public body” means, (a) an entity with which the Director of Asset Management – Civil ha…

19 (1) The Attorney General may collect personal information for any of the following purposes: 1. To determine whether a proceeding should be commenced under this Act. 2. To conduct a proceeding under this Act. 3. To identify and locate persons who suffered pecuniary or non-pecuniary losses, including losses recoverable under Part V of the Family Law Act, in order to compensate such persons under paragraph 1 of subsection 6 (3), paragraph 1 of subsection 11 (3) or paragraph 1 of subsection 11.4 (4). 4. To assist the Director of Asset Management – Civil in performing his or her duties and exercising his or her powers under Part IV.1 in respect of any property that is or may be the subject of a proceeding under this Act. 5. To enforce or comply with an order made under this Act. 2001, c. 28, s. 19 (1); 2005, c. 33, s. 28 (1); 2007, c. 13, s. 39 (1). Agreements with other jurisdictions (1.…

19.1 (1) A proceeding may be commenced under Part I.1, II, III or III.1 pursuant to an agreement entered into under subsection 19 (1.1). 2007, c. 13, s. 40; 2020, c. 11, Sched. 3, s. 17. Forfeited property (2) Property that is forfeited to the Crown pursuant to a proceeding referred to in subsection (1) may, subject to the regulations made under this Act, be delivered to the other jurisdiction in specie in whole or in part, retained in Ontario or, if the property is not money, converted into money and distributed out of the special purpose account referred to in section 6, 11 or 11.4, as the case may be. 2007, c. 13, s. 40. Section Amendments with date in force (d/m/y) 2007, c. 13, s. 40 - 04/06/2007 2020, c. 11, Sched. 3, s. 17 - 01/03/2021

20 (1) No action or other proceeding may be commenced against the Attorney General, the Crown in right of Ontario or any person acting on behalf of, assisting or providing information to the Attorney General or the Crown in right of Ontario in respect of the commencement or conduct in good faith of a proceeding under this Act or in respect of the enforcement in good faith of an order made under this Act. 2001, c. 28, s. 20 (1). Determinations of reviewing authority (2) No action or other proceeding may be commenced against the reviewing authority referred to in subsection 19 (5), the Attorney General, the Crown in right of Ontario or any person acting on behalf of, assisting or providing information to the Attorney General or the Crown in right of Ontario in respect of any determination made in good faith under subsection 19 (5) by the reviewing authority. 2001, c. 28, s. 20 (2). Directo…

20.1 (1) On or before July 1 in each year, the Director of Asset Management – Civil shall prepare a report on the activities conducted under this Act in the previous fiscal year. 2020, c. 11, Sched. 3, s. 18. Contents of report (2) The report must contain, (a) general information respecting the activities conducted under this Act in the previous fiscal year; (b) statistics respecting proceedings under this Act in the previous fiscal year, including, (i) the number of proceedings commenced under each of Parts I.1, II, III, III.1 and IV, (ii) the number of proceedings under Part I.1 in which a notice of dispute was filed, (iii) the number of ongoing proceedings under each of Parts II, III, III.1 and IV, (iv) the number of forfeitures that occurred under each of Parts I.1, II, III, III.1 and IV, (v) the total value of all forfeitures under each of Parts I.1, II, III, III.1 and IV, (vi) the …

21 (1) The Lieutenant Governor in Council may make regulations, (a) providing that orders under section 5 or 10 may apply only to legal expenses incurred for a purpose prescribed by the regulations and are subject to monetary limits prescribed by the regulations; (b) governing payments out of accounts referred to in section 1.9, 6, 11, 11.4 or 15, including governing the circumstances in which payments may be made, governing the amounts of payments, governing procedures for determining what payments are made, prescribing classes of public institutions for the purpose of paragraph 4 of subsection 1.9 (4), paragraph 4 of subsection 6 (3), paragraph 4 of subsection 11 (3), paragraph 4 of subsection 11.4 (4) and paragraph 3 of subsection 15 (3); (b.0.1) prescribing classes of public institutions for the purpose of clause (c) of the definition of “injury to the public” in subsection 7 (1); (b…

22-24 Omitted (amends or repeals other Acts). 2001, c. 28, ss. 22-24.

25 Omitted (provides for coming into force of provisions of this Act). 2001, c. 28, s. 25.

26 Omitted (enacts short title of this Act). 2001, c. 28, s. 26. ______________