Prohibiting Profiting from Recounting Crimes Act, 2002

Bills that amended this Act0

No published amendment links yet for this Act.

Sections35

• 1Purpose

  1 The purpose of this Act is to use proceeds of contracts for recounting crime to compensate persons who suffer pecuniary or non-pecuniary losses as a result of designated crimes and to assist victims of crime. 2002, c. 2, s. 1.

• 1.
• 2Definitions

  2 In this Act, “agent” includes, with respect to a person convicted of or charged with a designated crime, (a) a personal representative of the person convicted or charged, including an executor, administrator, administrator with the will annexed, guardian of property, attorney for property, committee, trustee or receiver of the person, (b) a person who has been assigned rights of the person convicted or charged to receive money or other consideration under a contract for recounting crime, (c) a corporation to which the person convicted or charged has a substantial connection, as prescribed by the regulations, and (d) in the absence of evidence to the contrary, (i) a spouse or a former spouse of the person convicted or charged, or (ii) a person who has at any time been related by birth, adoption or marriage to the person convicted or charged; (“mandataire”) “contract for recounting crime…

• 2.
• 3Notice to Attorney General

  3 (1) Each party to a contract for recounting crime entered into after this section comes into force shall, not later than 15 days after the contract is entered into, (a) give written notice to the Attorney General of the names and addresses of all the parties to the contract; and (b) if the contract is in writing, give the Attorney General a copy of the contract or, if the contract is not in writing, give the Attorney General written notice of the terms of the contract. 2002, c. 2, s. 3 (1). Same (2) Each party to a contract for recounting crime entered into on or after May 1, 1995 and before this section comes into force shall, not later than 15 days after this section comes into force, (a) give written notice to the Attorney General of the names and addresses of all the parties to the contract; and (b) if the contract is in writing, give the Attorney General a copy of the contract or,…

• 3.
• 4Persons convicted of designated crimes: orders for payment and forfeiture

  4 (1) In a proceeding commenced by the Attorney General, the Superior Court of Justice shall, except where it would clearly not be in the interests of justice, (a) make an order requiring a person who is required to pay money or other consideration to another person under a contract to instead pay it to the Crown in right of Ontario, if the court finds that the money or other consideration is payable under a contract for recounting crime to a person convicted of a designated crime or to the agent of a person convicted of a designated crime; and (b) subject to subsection (3), 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 a contract for recounting crime under which money or other consideration is payable to a person convicted of a designated crime or to the agent of a person convicted of a designat…

• 4.
• 5Persons convicted of designated crimes: interlocutory orders

  5 (1) On motion by the Attorney General in a proceeding or intended proceeding under section 4, the Superior Court of Justice may make any or all of the following interlocutory orders: 1. An order requiring a person who is required to pay money or other consideration to another person under a contract to instead pay it into court. 2. An order for the preservation, management or disposition of any property that is the subject of the proceeding, including, i. an order restraining the disposition of the property, ii. an order for the possession, delivery or safekeeping of the property, iii. an order appointing a receiver or receiver and manager for the property, iv. an order for the sale or other disposition of the property if it is perishable or of a rapidly depreciating nature, v. an order to sever or partition any interest in the property or to require any interest in the property to be …

• 5.
• 6Persons charged with designated crimes

  6 (1) On the application of the Attorney General, the Superior Court of Justice shall, except where it would clearly not be in the interests of justice, make one or more of the orders described in subsection (2) if the court is satisfied that there are reasonable grounds to believe that, (a) money or other consideration is payable under a contract for recounting crime to a person charged with a designated crime or to the agent of a person charged with a designated crime; or (b) property that is the subject of the application is proceeds of a contract for recounting crime under which money or other consideration is payable to a person charged with a designated crime or to the agent of a person charged with a designated crime. 2002, c. 2, s. 6 (1). Orders (2) The orders referred to in subsection (1) are the following: 1. An order requiring a person who is required to pay money or other con…

• 6.
• 7Payment directly to Crown

  7 (1) A person who is required by a contract for recounting crime to pay money or other consideration to a person convicted of or charged with a designated crime or the agent of a person convicted of or charged with a designated crime may instead pay it to the Crown in right of Ontario, and payment under this subsection shall be deemed to be compliance with the contract to the extent of the payment to the Crown. 2002, c. 2, s. 7 (1). Repayment if no proceeding commenced (2) If money or other property is paid to the Crown in right of Ontario under subsection (1), the Crown, not later than 90 days after receiving the payment, shall pay the money or other property to the person to whom it would otherwise have been payable under the contract unless the Attorney General has commenced a proceeding under section 4 or 6 and has paid the money or other property into court in the proceeding. 2002,…

• 7.
• 8Legal expenses

  8 (1) Subject to the regulations, a person who claims an interest in money or other property that is paid into court in a proceeding commenced under section 4 or 6 or that is subject to an order for the preservation of property made under section 5 or 6 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 money or other property. 2002, c. 2, s. 8 (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 re…

• 8.
• 9Special purpose account

  9 (1) If money is paid to or forfeited to the Crown in right of Ontario under an order made under section 4 in respect of a designated crime, or other property is paid to or forfeited to the Crown in right of Ontario under an order made under section 4 in respect of a designated crime and is converted to money, the money shall be deposited in a separate, interest bearing account in the Consolidated Revenue Fund. 2002, c. 2, s. 9 (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. 2002, c. 2, s. 9 (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 …

• 9.
• 10.
• 9.1Management of property forfeited to the Crown

  9.1 (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 Part IV.1 of the Civil Remedies Act, 2001. 2005, c. 33, s. 18; 2007, c. 13, s. 46 (2). 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. 29. 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. 18. Mining lands (4) Despite subsection (1), 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 …

• 10Standard of proof

  10 Except as otherwise provided in this Act, findings of fact in proceedings under this Act shall be made on the balance of probabilities. 2002, c. 2, s. 10.

• 11.
• 11Personal information

  11 (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 9 (3) or subsection 9 (4). 4. To assist the Director in performing his or her duties and exercising his or her powers 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. 2002, c. 2, s. 11 (1); 2005, c. 33, s. 19 (1). Manner of collection (2) Personal information may be collected under subsection (1) directly from the individual to whom the information relates or in any other…

• 12.
• 12Protection from liability

  12 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. 2002, c. 2, s. 12.

• 13.
• 13Regulations

  13 (1) The Lieutenant Governor in Council may make regulations, (a) prescribing circumstances in which a person has a substantial connection to a corporation for the purpose of clause (c) of the definition of “agent” in section 2; (b) prescribing offences under the Criminal Code (Canada) as serious property offences for the purpose of clause (c) of the definition of “designated crime” in section 2; (c) providing that orders under section 8 may apply only to legal expenses incurred for a purpose prescribed by the regulations and are subject to monetary limits prescribed by the regulations; (d) governing payments out of accounts referred to in section 9, including governing the circumstances in which payments may be made, governing the amounts of payments, governing procedures for determining what payments are made and, in the case of payments under paragraph 1 of subsection 9 (3), (i) pro…

• 14.
• 14Transition: Victims’ Right to Proceeds of Crime Act, 1994

  14 (1) Any trust created by subsection 3 (1) of the Victims’ Right to Proceeds of Crime Act, 1994 is terminated on the day section 17 comes into force. 2002, c. 2, s. 14 (1). Same (2) If a trust that is terminated under subsection (1) was established in respect of a contract that is a contract for recounting crime and the contract provides for money to be paid to a person convicted of a designated crime or the agent of a person convicted of a designated crime, any money held in the trust by the Public Guardian and Trustee on the day section 17 comes into force shall be deposited in a separate, interest bearing account in the Consolidated Revenue Fund, and section 9 applies, with necessary modifications, to the account. 2002, c. 2, s. 14 (2). Same (3) If a trust is terminated under subsection (1) and subsection (2) does not apply, any money held in the trust by the Public Guardian and Tru…

• 15.-19.
• 15-19

  15-19 Omitted (amends or repeals other Acts). 2002, c. 2, ss. 15-19.

• 20.
• 20

  20 Omitted (provides for coming into force of provisions of this Act). 2002, c. 2, s. 20.

• 21.
• 21

  21 Omitted (enacts short title of this Act). 2002, c. 2, s. 21. ______________