Crown Liability and Proceedings Act, 2019

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Sections40

• [s0]

  Interpretation and Application

• 1Definitions

  1 (1) In this Act, “Crown” means the Crown in right of Ontario; (“Couronne”) “Crown agency” means, (a) a corporation that is expressly stated by or under an Act to be an agent of the Crown, (b) a prescribed corporation, and (c) a wholly-owned subsidiary of a corporation referred to in clause (a) or (b); (“organisme de la Couronne”) “Crown corporation” means, (a) a corporation having 50 per cent or more of its issued and outstanding shares vested in the Crown or having the appointment of a majority of its board of directors made or approved by the Lieutenant Governor in Council or by one or more members of the Executive Council, and (b) a wholly-owned subsidiary of a corporation referred to in clause (a); (“société de la Couronne”) “order” includes a judgment, decree, rule, award and declaration; (“ordonnance”) “prescribed” means prescribed by the regulations; (“prescrit”) “proceeding” me…

• 2Crown bound

  2 (1) This Act binds the Crown. Application of other Acts to the Crown unaffected (2) Nothing in this Act shall be read as affecting the extent to which the Crown is bound by any other Act. Same, statutory rights of action (3) A right conferred on a person by an Act cannot be enforced against the Crown in a proceeding under this Act if the Act that confers the right does not bind the Crown.

• 3Rules of evidence unaffected

  3 Nothing in this Act shall be read as affecting any applicable rules of evidence, except where this Act provides otherwise.

• 4Assembly privilege, etc., unaffected

  4 Nothing in this Act shall be read as abrogating or limiting any right, immunity, privilege or power of the Assembly or of a committee or member of the Assembly.

• 5Proceedings in rem

  5 Nothing in this Act authorizes a proceeding in rem in respect of any claim against the Crown, or the seizure, attachment, arrest, detention or sale of any property of the Crown.

• 6Acts not affected

  6 This Act does not affect and is subject to, (a) the Expropriations Act; (b) the Public Transportation and Highway Improvement Act; (c) the Land Titles Act and the Registry Act, in relation to claims against The Land Titles Assurance Fund; (d) the Motor Vehicle Accident Claims Act; (e) Parts V.1 and VI of the Electricity Act, 1998; (f) the Workplace Safety and Insurance Act, 1997; and (g) every statute that imposes a tax payable to the Crown or the Minister of Finance.

• 7Conflict with other Acts

  7 (1) In the event of a conflict between this Act and any other Act, this Act prevails to the extent of the conflict. Exception, other immunity provisions (2) Despite subsection (1), in the case of a conflict between a provision of this Act and a provision in any other Act respecting limits on the liability of the Crown or an officer, employee or agent of the Crown, the provision that provides the greater protection against such liability prevails, unless the other Act expressly provides otherwise.

• [s8]

  Crown Liability

• 8Crown liability

  8 (1) Except as otherwise provided under this Act or any other Act, the Crown is subject to all the liabilities in tort to which it would be liable if it were a person, (a) in respect of a tort committed by an officer, employee or agent of the Crown; (b) in respect of a breach of duty attaching to the ownership, occupation, possession or control of property; (c) in respect of a breach of an employment-related obligation owed to an officer or employee of the Crown; and (d) under any Act, or under any regulation or by-law made or passed under any Act. Same (2) For greater certainty, nothing in clause (1) (a) subjects the Crown to liability for a tort that is not attributable to the acts or omissions of an officer, employee or agent of the Crown. Limitation of government actors’ liability applies to the Crown (3) The negation or limitation under an Act of the liability of an officer, employ…

• 9Limitations on Crown liability

  9 (1) The Crown is not liable for torts committed by, (a) Crown agencies; (b) Crown corporations; (c) transfer payment recipients; or (d) independent contractors providing services to the Crown for any purpose. Same (2) Nothing in this Act subjects the Crown to a proceeding in respect of, (a) anything done in good faith in the enforcement of the criminal law or of the penal provisions of an Act; or (b) anything done or omitted to be done by a person while discharging or purporting to discharge responsibilities of a judicial nature vested in the person or responsibilities that the person has in connection with the execution of judicial process.

• 10Property vesting in the Crown

  10 (1) The Crown is not, by reason only of the vesting of property in the Crown independent of the Crown’s acts or intentions, subject to liability in tort under clause 8 (1) (b) in relation to the property. Same (2) Property that vests in the Crown as a result of the dissolution of a corporation by the Crown is property that vests in the Crown independent of the Crown’s acts or intentions within the meaning of subsection (1). No liability in tort (3) Where property vests in the Crown in the manner described in subsection (1), the Crown is not liable in tort by reason of any act or omission of the Crown or anyone acting on its behalf or with its approval related to any of the following purposes or a purpose that is similar to any of the following purposes: 1. Investigating, securing, maintaining or managing the property. 2. Restoring the property to productive use, responding to complain…

• 11Acts of a legislative nature

  11 (1) No cause of action arises against the Crown or an officer, employee or agent of the Crown in respect of any negligence or failure to take reasonable care while exercising or intending to exercise powers or performing or intending to perform duties or functions of a legislative nature, including the development or introduction of a bill, the enactment of an Act or the making of a regulation. Regulatory decisions (2) No cause of action arises against the Crown or an officer, employee or agent of the Crown in respect of a regulatory decision made in good faith, where, (a) a person suffers any form of harm or loss as a result of an act or omission of a person who is the subject of the regulatory decision; and (b) the person who suffered the harm or loss claims that the harm or loss resulted from any negligence or failure to take reasonable care in the making of the regulatory decision…

• [s13]

  Proceedings Involving the Crown

• 12Crown may make claims, rely on defences as if a person

  12 Except as otherwise provided under this Act, the Crown may, in a proceeding to which it is a party, make any claim or rely on any right or defence that a person may make or rely on in a proceeding, and the court may make any order in such a proceeding as it may make in a proceeding between persons.

• 13Rules of court

  13 (1) Except as otherwise provided under this Act, the rules of court apply with respect to a proceeding to which the Crown is a party. Public interest immunity (2) Nothing in this Act affects the application, in a proceeding to which the Crown is a party, of the rule of law which authorizes or requires the withholding of any document, or the refusal to answer any question, on the ground that the disclosure of the document or the answering of the question would be injurious to the public interest.

• 14Designation of Crown

  14 In a proceeding to which the Crown is a party, the Crown shall be designated “His Majesty the King in right of Ontario” or “Sa Majesté du chef de l’Ontario”. Section Amendments with date in force (d/m/y) CTS 6 FE 25 - 1 - 06/02/2025

• 15Service on the Crown

  15 A document to be served personally on the Crown in a proceeding to which it is a party shall be served by leaving a copy of the document with an employee of the Crown at the Crown Law Office (Civil Law) of the Ministry of the Attorney General.

• 16Petition of right abolished

  16 (1) Proceeding against the Crown by way of petition of right is abolished, and any claim against the Crown, regardless of when it arose, that may have been enforced by petition of right subject to the grant of a fiat by the Lieutenant Governor may be enforced as of right by a proceeding against the Crown in accordance with this Act. No revival (2) For greater certainty, subsection (1) does not subject the Crown to a proceeding in respect of a claim based on an act or omission occurring or existing before September 1, 1963 that would not, before that date, have been enforceable against the Crown by petition of right, subject to the grant of a fiat by the Lieutenant Governor. Limitation periods, etc., still apply (3) For greater certainty, a proceeding referred to in subsection (1) is subject to any bar in law to bringing the proceeding, or any defence, that is based on the passage of t…

• 17Proceedings re misfeasance, bad faith

  17 (1) This section applies to proceedings brought against the Crown or an officer or employee of the Crown that include a claim in respect of a tort of misfeasance in public office or a tort based on bad faith respecting anything done in the exercise or intended exercise of the officer or employee’s powers or the performance or intended performance of the officer or employee’s duties or functions. 2020, c. 11, Sched. 7, s. 1. Leave to proceed required, automatic stay (2) A proceeding to which this section applies that is brought on or after the day section 1 of Schedule 7 to the Smarter and Stronger Justice Act, 2020 comes into force may proceed only with leave of the court and, unless and until leave is granted, is deemed to have been stayed in respect of all claims in that proceeding from the time that it is brought. 2020, c. 11, Sched. 7, s. 1. Documents on motion for leave (3) On a …

• 18Notice of claim for damages required

  18 (1) No proceeding that includes a claim for damages may be brought against the Crown unless, at least 60 days before the commencement of the proceeding, the claimant serves on the Crown, in accordance with section 15, notice of the claim containing sufficient particulars to identify the occasion out of which the claim arose. 2019, c. 7, Sched. 17, s. 18 (1). Additional particulars (2) The Attorney General may require such additional particulars as in his or her opinion are necessary to enable the claim to be investigated. 2019, c. 7, Sched. 17, s. 18 (2). Extension of applicable limitation period (3) If a notice of claim is served under subsection (1) before the expiry of a limitation period applicable with respect to the claim but the 60-day period referred to in that subsection ends after the expiry of the limitation period, the limitation period is extended to the last instant of t…

• 19Where Crown is a party

  19 (1) In a proceeding to which the Crown is a party, the rules of court respecting discovery and inspection of documents, examination for discovery, evidence by cross-examination on affidavits and examination of witnesses apply in the same manner as if the Crown were a corporation, with the following exceptions: 1. The Crown may refuse to produce a document or to answer a question on the ground that the production or answer would be injurious to the public interest. 2. The person who shall attend to be examined for discovery shall be an official designated by the Deputy Attorney General. 3. The Crown is not required to deliver an affidavit on production of documents for discovery and inspection, but a list of the documents that the Crown may be required to produce, signed by the Deputy Attorney General, shall be delivered. 4. Any other exception that may be prescribed. Where Crown is no…

• 20Trial without jury

  20 In a proceeding against the Crown or an officer or employee of the Crown, trial shall be without a jury.

• 21Interpleader

  21 The Crown may obtain relief by way of an interpleader proceeding, and may be made a party to such a proceeding, in the same manner as a person may obtain relief by way of such a proceeding or be made a party to such a proceeding, even if the application or motion for relief is made by a sheriff or bailiff or other like officer. No injunction or specific performance

• 22Against the Crown

  22 (1) If relief is sought in a proceeding against the Crown that might, in a proceeding between persons, be granted by way of injunction or specific performance, the court shall not, as against the Crown, grant an injunction or make an order for specific performance. Against officer or employee of the Crown (2) A court shall not in any proceeding grant an injunction or make an order against an officer or employee of the Crown if the effect of doing so would be to give any relief against the Crown that could not have been obtained in a proceeding against the Crown. Declaratory orders (3) Subject to subsection (4), the court may, in lieu of making an order referred to in subsection (1) or (2), make an order declaratory of the rights of the parties. Exception (4) The court shall not make an interim or interlocutory order declaratory of the rights of the parties.

• 23No order for recovery of property

  23 In a proceeding against the Crown in which the recovery of real or personal property is claimed, the court shall not make an order for its recovery or delivery, but may in lieu make an order declaring that the claimant is entitled, as against the Crown, to the property claimed or to the possession of the property.

• 24Restrictions on set-off and counterclaim

  24 (1) A person is not entitled to claim a set-off or to make a counterclaim in a proceeding by the Crown for the recovery of taxes, duties or penalties, and is not entitled to claim a set-off or make a counterclaim in any other proceeding by the Crown arising out of a right or claim to repayment in respect of any taxes, duties or penalties. Same (2) Subject to subsection (1), a person may claim a set-off or make a counterclaim in a proceeding by the Crown if the subject-matter of the set-off or counterclaim relates to a matter under the administration of the particular ministry with respect to which the proceeding is brought by the Crown.

• 25No default judgment against the Crown without leave

  25 The Crown may not be noted in default in a proceeding, nor judgment entered against the Crown in default of appearance or pleading, except with leave of the court to be obtained on motion, notice of which has been served on the Crown in accordance with section 15.

• 26Interest on judgment debt

  26 A judgment debt due to or from the Crown bears interest in the same way as a judgment debt due from one person to another.

• [s29]
• 27No execution against the Crown

  27 (1) Subject to subsections (2) and (3), no execution or attachment or other process of a similar nature shall be issued out of any court against the Crown. Garnishments against the Crown (2) A garnishment that is otherwise lawful may issue against the Crown for the payment of money owing or accruing as remuneration payable by the Crown for goods or services, subject to section 7 of the Wages Act. Garnishment for support or maintenance (3) A garnishment may issue against the Crown for an amount owing or accruing under an order for support or maintenance, subject to section 7 of the Wages Act. Limitation (4) A garnishment is effective against the Crown only in respect of amounts payable on behalf of the administrative unit served with the notice of garnishment to the person named in the notice. Definition, “administrative unit” (5) In this section, “administrative unit” means a Ministry…

• [s30]

  General Matters

• 28Payment by the Crown

  28 The Minister of Finance shall pay out of the Consolidated Revenue Fund amounts payable by the Crown under, (a) an order of a court that is final and not subject to appeal; (b) the settlement or partial settlement of a proceeding; (c) the settlement or partial settlement of a claim that is the subject of a notice of claim under section 18; (d) the settlement or partial settlement of an anticipated proceeding or claim which, in the Attorney General’s opinion, could result in a judgment or other finding of liability against the Crown; (e) an order of an administrative tribunal or an arbitration award that is final and not subject to appeal, or the settlement or partial settlement of a matter or anticipated matter before an administrative tribunal or arbitrator; or (f) a final order to pay made by a competent authority under a trade agreement that the Crown has entered into with the gover…

• 29No compensation

  29 No person is entitled to any compensation for any loss or damages, including loss of revenues or loss of profit, arising from the enactment, repeal or application of this Act or the making, revocation or application of the regulations.

• 30Regulations

  30 (1) The Lieutenant Governor in Council may make regulations, (a) respecting anything that, in this Act, may or must be prescribed or done by regulation; (b) defining any term or phrase used in this Act that is not defined in this Act; (b.1) providing for procedures that apply with respect to a motion for leave under section 17; (c) for the purposes of section 27, (i) prescribing methods of service on the Crown of notices of garnishment in place of the method specified in section 15, (ii) providing that a notice of garnishment issued against the Crown is not effective unless a statement of particulars, in the prescribed form, is served with the notice of garnishment, (iii) providing that a notice of garnishment issued against the Crown is deemed to be served on the day that is the prescribed number of days, not to exceed 30 days, after the actual date of service or after the effective …

• 31Application of Act to claims

  31 (1) This Act applies with respect to a claim against the Crown or an officer, employee or agent of the Crown regardless of when the claim arose, except as provided in subsection (3). Application of Act to new proceedings (2) This Act applies with respect to a proceeding commenced by the Crown, or against the Crown or an officer, employee or agent of the Crown, on or after the day this section comes into force, regardless of when the facts on which the proceeding is based occurred or are alleged to have occurred. Application of former Act to existing proceedings (3) Subject to subsection (4), the Proceedings Against the Crown Act, as it read immediately before its repeal, continues to apply with respect to proceedings commenced against the Crown or an officer, employee or agent of the Crown before the day this section came into force, and to the claims included in those proceedings. Ex…

• 32

  32 Omitted (provides for amendments to this Act).

• 33

  33-171 Omitted (amends, repeals or revokes other legislation).

• 172

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

• 173

  173 Omitted (enacts short title of this Act). ______________