Escheats Act, 2015

Bills that amended this Act0

No published amendment links yet for this Act.

Sections55

• 1Definitions

  1 (1) In this Act, “charitable corporation” means a corporation that is incorporated for charitable purposes; (“organisation caritative”) “charitable property” means, (a) any property held by a charitable corporation, and (b) any property held for charitable purposes by a corporation that is not a charitable corporation; (version anglaise seulement) “charitable purposes” means, (a) the relief of poverty, (b) education, (c) the advancement of religion, and (d) any other purpose that is beneficial to the community; (“fins de bienfaisance”) “Minister” means the Attorney General or any other member of the Executive Council to whom responsibility for the administration of this Act is assigned or transferred under the Executive Council Act; (“ministre”) “prescribed” means prescribed by the regulations; (“prescrit”) “prior owner”, when used in reference to property, means the person who owned o…

• 1.
• 2Possession, proceedings re property

  2 (1) Subject to subsection (2), the Public Guardian and Trustee may, without an inquisition first being made, take possession in the name of the Crown of any property if, in the opinion of the Public Guardian and Trustee, one of the following circumstances applies: 1. The property has become the property of the Crown because an individual died, i. either intestate or partially intestate, if there are no lawful heirs, or ii. testate, if some or all of the heirs, bequests or devises in the will have failed and there are no lawful heirs. 2. The property has become the property of the Crown as a result of the dissolution of a corporation. 3. Neither of the circumstances described in paragraph 1 or 2 applies and the property has become the property of the Crown by escheat or as bona vacantia. 4. The circumstances described in paragraph 2 do not apply and the property has become the property …

• 2.
• 3Application

  3 (1) This section applies to property of which the Public Guardian and Trustee may take possession under paragraph 2, 3 or 4 of subsection 2 (1), whether or not he or she has actually done so. Power to grant etc. (2) Unless property to which this section applies has been paid into the Consolidated Revenue Fund, the Public Guardian and Trustee may, as he or she considers to be proper, (a) grant all or part of the property to any person for the purpose of transferring or restoring it to a person having a legal or moral claim upon the person to whom it belonged, or of carrying into effect any disposition of it that such person may have contemplated; or (b) waive or release any right to which the Crown has become entitled so as to vest the property, either absolutely or otherwise, in the person who would have been entitled to it but for the property becoming property to which this section a…

• 3.
• 4Application

  4 (1) This section applies to property of which the Public Guardian and Trustee has taken possession under paragraph 2 of subsection 2 (1). Return (2) Unless property to which this section applies has been paid into the Consolidated Revenue Fund, the Public Guardian and Trustee may, upon the application of a prior owner that has been revived, transfer the property to the prior owner under this section. Exception (3) Subsection (2) does not apply if the statute that provides for the prior owner’s revival provides for the property to remain forfeited to and vested in the Crown. Same (4) Subsections 3 (3), (4), (5), (6) and (7) apply, with necessary modifications, in respect of a return of property under this section. Moral claim, property of deceased individual

• 4.
• 5Application

  5 (1) This section applies to property of which the Public Guardian and Trustee may take possession under paragraph 1 of subsection 2 (1), whether or not he or she has actually done so. Same (2) For greater certainty, property to which this section applies includes property that the Public Guardian and Trustee has administered under the Crown Administration of Estates Act. Grant (3) The Lieutenant Governor in Council may by order, as it considers to be proper and subject to any terms and conditions that it considers to be proper, grant all or part of property to which this section applies to any person for the purpose of transferring or restoring it to a person having a moral claim upon the person to whom it belonged or of carrying into effect any disposition of it that such person may have contemplated. Recovery from Consolidated Revenue Fund (4) If the Lieutenant Governor in Council ma…

• 5.
• 6Application

  6 (1) This section applies to property of which the Public Guardian and Trustee has taken possession under paragraph 1 of subsection 2 (1). Entitlement (2) A person establishing a legal claim to property to which this section applies, to the satisfaction of the Public Guardian and Trustee, is entitled to receive it under this section. Interest (3) Interest as determined under the Public Guardian and Trustee Act is payable only with respect to any period during which property to which this section applies was money administered by the Public Guardian and Trustee, until the earlier of the following dates: 1. 10 years after the death of the prior owner. 2. The day the money is paid into the Consolidated Revenue Fund. Recovery from the Consolidated Revenue Fund (4) If a person has established a legal claim to property under this section to the satisfaction of the Public Guardian and Trustee …

• 6.
• 7Application

  7 (1) This section applies to charitable property of which the Public Guardian and Trustee may take possession under paragraph 2 of subsection 2 (1), whether or not he or she has actually done so. Transfer or assignment (2) The Public Guardian and Trustee may transfer or assign all or part of charitable property to which this section applies to a charity that he or she considers to be proper. Doctrine of cy-près (3) In determining which charity the Public Guardian and Trustee considers to be proper for the purposes of subsection (2), he or she shall apply the doctrine of cy-près. Revival of dissolved corporation (4) If the prior owner of charitable property to which this section applies is revived and the property is not restored to it under the statute that provides for the revival, the Public Guardian and Trustee may transfer or assign all or part of the charitable property to the prio…

• 7.
• 8Transfer, assignment or discharge of land

  8 (1) Despite any other Act or law, the Public Guardian and Trustee may transfer, assign or discharge, at such price and on such terms as he or she considers to be proper, all or part of any land of which he or she has taken possession under section 2. Transfer, assignment, discharge or disposal of personal property (2) Despite any other Act or law, the Public Guardian and Trustee may transfer, assign or discharge, at such price and on such terms as he or she considers to be proper, or may otherwise dispose of in any manner as he or she considers to be proper, all or part of any personal property of which he or she has taken possession under section 2.

• 8.
• 8.1Validity of particular agreement

  8.1 (1) For greater certainty, despite anything in this Act or the Forfeited Corporate Property Act, 2015, the agreement between the Public Guardian and Trustee and IAMGOLD Corporation, dated June 24, 2021, is valid and effective. 2025, c. 24, Sched. 9, s. 1. No compensation (2) No person is entitled to any compensation or any other remedy or relief as a result of the enactment of subsection (1). 2025, c. 24, Sched. 9, s. 1. Section Amendments with date in force (d/m/y) 2025, c. 24, Sched. 9, s. 1 - 24/06/2021

• 9.
• 10.
• 9No merger, Crown’s interests

  9 (1) If property was subject to liens, rights or other interests in favour of the Crown before it became property of which the Public Guardian and Trustee may take possession under section 2, the liens, rights or other interests do not merge when the property becomes property of which the Public Guardian and Trustee may take possession under section 2, whether or not he or she has actually done so. Debts not passing to Crown (2) A prior owner’s liabilities and obligations do not become the Crown’s liabilities and obligations when the property becomes property of which the Public Guardian and Trustee may take possession under section 2, whether or not he or she has actually done so. Obligations and immunities

• 10No obligation

  10 (1) The Public Guardian and Trustee is not required to secure, maintain or manage property of which the Public Guardian and Trustee may take possession under section 2, whether or not he or she has actually done so, or to take any other action in relation to the property. 2015, c. 38, Sched. 4, s. 10 (1). Immunities (2) No action or other proceeding shall be commenced and no order shall be made against the Crown, the Minister, the Deputy Minister, the Public Guardian and Trustee, any servant or agent of the Crown or any other official of or employee of the Crown, (a) in respect of property of which the Public Guardian and Trustee may take possession under section 2, whether or not he or she has actually done so; or (b) for any of the following: (i) Any act, neglect, default or omission of a tenant or other person who is using, occupying or trespassing on property mentioned in clause (…

• 11.
• 11Public Guardian and Trustee’s decisions final

  11 A decision or order of the Public Guardian and Trustee under this Act is final and not subject to review for any reason, including for the reason that a person did not receive a notice under this Act.

• 12.
• 12No entitlement to notice

  12 (1) A person is not entitled to receive a notice under this Act if, (a) the person expressly waives the entitlement to receive notice, either before or after the notice is given; or (b) after a reasonable search, the Public Guardian and Trustee is unable to find the person’s address and the Public Guardian and Trustee is not otherwise aware of the address. Same, corporation dissolved for more than 20 years (2) If a prior owner that is a corporation has been dissolved for more than 20 years, the prior owner and its directors and officers are not entitled to receive a notice under this Act. Interests purported to be created

• 13.
• 13Application

  13 (1) Subject to subsection (2), this section applies in respect of any interest, including an ownership interest, that is purported to be created in property after the property becomes property of which the Public Guardian and Trustee may take possession under section 2, whether or not he or she has actually done so. Exception (2) This section does not apply in respect of an interest created by a person with legal authority to create the interest. Same (3) For greater certainty, the prior owner of property or any person purporting to act on the prior owner’s behalf does not have legal authority to create any interest in the property. Cancellation (4) The Public Guardian and Trustee may make orders under this section cancelling interests to which this section applies. Same (5) An order cancelling an interest may include any of the following: 1. If the interest is registered on title to …

• 14.
• 14Application, clearing title etc.

  14 The Public Guardian and Trustee may, at any time, apply to the Superior Court of Justice for an order clearing the title to any property of which the Public Guardian and Trustee may take possession under section 2, whether or not he or she has actually done so, and to extinguish any other person’s claims and interests. Administration of property by Public Guardian and Trustee

• 15.
• 15Property held in trust

  15 (1) Despite Part I of the Financial Administration Act, if the Public Guardian and Trustee holds property under this Act, he or she shall hold it in trust for the benefit of the Crown until it is paid into the Consolidated Revenue Fund or otherwise dealt with. 2015, c. 38, Sched. 4, s. 15 (1). Investment (2) The Public Guardian and Trustee shall invest all money administered under this Act in accordance with the Public Guardian and Trustee Act. 2015, c. 38, Sched. 4, s. 15 (2). Payment into the Consolidated Revenue Fund (3) If the Public Guardian and Trustee has taken possession of property under section 2, he or she may pay the property, if it is money, into the Consolidated Revenue Fund at any time, subject to the following rules: 1. If the prior owner was an individual, the property shall be paid no later than the last day of the fiscal year in which the 10th anniversary of the ind…

• 16.
• 16Amounts due to the Crown

  16 (1) The Public Guardian and Trustee may determine the following amounts in connection with property of which the Public Guardian and Trustee may take possession under section 2, whether or not he or she has actually done so, in accordance with the regulations, if any: 1. The amount of costs the Crown incurred, including, i. costs incurred before the day this Act comes into force, and ii. costs incurred in connection with the disposition of the property. 2. Reasonable amounts for time and resources expended by employees of the Crown. 3. Fees and expenses of the Public Guardian and Trustee referred to in subsections 8 (1), (1.1) and (1.2) of the Public Guardian and Trustee Act. 4. Amounts the Crown may be obligated to pay under an agreement. Debt owing to Crown (2) Amounts determined under subsection (1) are a debt due to the Crown and may be recovered, among other ways, (a) out of all …

• 17.
• 17Order against former officers and directors

  17 (1) If the Public Guardian and Trustee may take possession of property under paragraph 2 of subsection 2 (1), whether or not he or she has actually done so, he or she may apply to the Superior Court of Justice for an order, (a) determining the individuals who were the officers or directors of the prior owner; and (b) requiring the individuals determined under clause (a) to pay some or all amounts determined under section 16. Same (2) For the purposes of an application under subsection (1), the Court shall determine the individuals who were the officers or directors in the two years before the dissolution of the prior owner. Same (3) If the Court determines that there were no individuals who were officers or directors in the two years before the dissolution of the prior owner, the Court may make the determination in respect of the most recent two years before the dissolution in which t…

• 18.
• 18Annual report to Minister

  18 (1) The Public Guardian and Trustee shall provide an annual report to the Minister in respect of all grants, waivers, releases, transfers and assignments of property made under subsections 3 (2), 7 (2) and (4). Contents of report (2) The report shall contain the following information: 1. The name of the prior owner of each property that was granted, waived, released, transferred or assigned in the preceding year. 2. The name of each person to whom property was granted, waived, released, transferred or assigned. 3. A description of each property that was granted, waived, released, transferred or assigned. 4. The date on which each property was granted, waived, released, transferred or assigned. 5. Any prescribed information.

• 19.
• 19Information regarding grants, etc.

  19 The Public Guardian and Trustee shall provide the following information to any person who requests it if, as part of the request, the person identifies the prior owner of property that has been granted, waived, released, transferred or assigned by the Public Guardian and Trustee under subsection 3 (2), 4 (2), 7 (2) or (4): 1. The name of each person to whom the property was granted, waived, released, transferred or assigned. 2. A description of the property that was granted, waived, released, transferred or assigned. 3. The date on which the property was granted, waived, released, transferred or assigned. 4. Any prescribed information.

• 20.
• 20Personal information

  20 (1) The Public Guardian and Trustee is authorized to collect personal information under this Act for the following purposes: 1. Determining whether this Act applies to property. 2. Determining whether to take possession of property, conducting an investigation and valuing the property. 3. Administering property for the Crown. 4. Administering this Act, the Forfeited Corporate Property Act, 2015 or any other Ontario law governing corporate dissolution or property of which the Public Guardian and Trustee may take possession under section 2. 5. Administering the Crown Administration of Estates Act or carrying out a duty of the Public Guardian and Trustee under any other Act. Direct or indirect collection (2) The collection authorized by subsection (1) may be done, (a) directly; or (b) indirectly, if indirect collection is reasonably required in the circumstances. General notice of collec…

• 21.
• 21Notice requiring provision of information

  21 (1) The Public Guardian and Trustee may give a notice requiring any person or entity to provide information that is in the person’s or entity’s possession or control and, in the opinion of the Public Guardian and Trustee, may relate to property or the prior owner of property of which the Public Guardian and Trustee may take possession under section 2, whether or not he or she has actually done so, including the following information: 1. Personal information, including contact information of a person or entity to whom the Public Guardian and Trustee intends to give a notice under this Act. 2. Information about property that is or that may be property of which the Public Guardian and Trustee may take possession under section 2, including records of a prior owner of the property and information about activities of any person or entity purporting to act in respect of the property. 3. Info…

• 22.
• 22Records

  22 For greater certainty, sections 20 and 21 do not derogate from the Public Guardian and Trustee’s authority to take possession of records that are property of which the Public Guardian and Trustee may take possession under section 2.

• 23.
• 23Use and disclosure of information

  23 Information that is collected under this Act may be used and disclosed for the following purposes: 1. Determining whether this Act applies to property. 2. Determining whether to take possession of property, conducting an investigation and valuing the property. 3. Administering property for the Crown. 4. Administering this Act, the Forfeited Corporate Property Act, 2015 or any other Ontario law governing corporate dissolution or property of which the Public Guardian and Trustee may take possession under section 2. 5. Administering the Crown Administration of Estates Act or carrying out a duty of the Public Guardian and Trustee under any other Act.

• 24.
• 24Legislation Act, 2006

  24 Part III (Regulations) of the Legislation Act, 2006 does not apply with respect to orders issued by the Lieutenant Governor in Council under subsection 5 (3) or 7 (7) or by the Public Guardian and Trustee under section 13.

• 25.
• 25Regulations

  25 The Lieutenant Governor in Council may make regulations, (a) prescribing steps the Public Guardian and Trustee is required to take with respect to an order that includes a direction described in paragraph 3 of subsection 13 (5); (b) prescribing steps that a person responsible for a prescribed public registry is required to take in response to an order mentioned in clause (a); (c) governing the determination of amounts under section 16; (d) defining any word or expression used in this Act that has not already been expressly defined in this Act; (e) providing for such transitional matters as the Lieutenant Governor in Council considers necessary or advisable in connection with the implementation of this Act; (f) prescribing anything that, under this Act, may or must be prescribed or done by regulation.

• 26

  26.-31 Omitted (amends, repeals or revokes other legislation).

• 32.
• 32

  32 Omitted (provides for coming into force of provisions of this Act).

• 33

  33 Omitted (enacts short title of this Act).