[37] Bill 168 Original (PDF)
Bill 168
Bill 1682000
An Act to protect victims by
prohibiting profiting from
recounting of crime
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Purpose
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.
Definitions
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 same-sex partner or a former spouse or same-sex partner 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" means a contract under which money or other consideration is to be paid,
(a)to a person convicted of a designated crime or the agent of a person convicted of a designated crime,
(i)for the use of recollections of the convicted person that relate to the crime, including the use of those recollections in a publication, interview or appearance, but not including the use of those recollections in an appearance to address a victims' group or imprisoned persons, or
(ii)for the use of documents or other things that relate to the crime and that are or have at any time been in the possession of the convicted person, or
(b)to a person charged with a designated crime or the agent of a person charged with a designated crime,
(i)for the use of recollections of the person charged that relate to the alleged crime, including the use of those recollections in a publication, interview or appearance, but not including the use of those recollections in an appearance to address a victims' group or imprisoned persons, or
(ii)for the use of documents or other things that relate to the alleged crime and that are or have at any time been in the possession of the person charged,
whether the contract was entered into before or after this Act came into force; ("contrat d'utilisation du rcit d'un acte criminel") "
convicted" includes found guilty or found not criminally responsible on account of mental disorder; ("dclar coupable") "
designated crime" means an act or omission that,
(a)is an indictable offence under the Criminal Code (Canada) for which the maximum punishment is imprisonment for five years or a more severe punishment and that involves,
(i)the use or attempted use of violence against another person, or
(ii)conduct that endangered or was likely to endanger the life or safety of another person or that inflicted or was likely to inflict severe psychological damage on another person,
(b)is an offence or attempt to commit an offence under section 271, 272 or 273 of the Criminal Code (Canada),
(c)is an offence under the Criminal Code (Canada) that is prescribed by the regulations as a serious property offence, or
(d)is an offence under the criminal law of a jurisdiction outside Canada, if a similar act or omission would be an offence referred to in clause (a), (b) or (c) if it were committed in Canada,
whether the act or omission occurred before or after this Act came into force; ("acte criminel dsign") "
legitimate owner" means, with respect to property referred to in clause (b) of the definition of "proceeds of a contract for recounting crime", a person who,
(a)acquired the property for fair value and did not know and could not reasonably have known at the time of the acquisition that the property was proceeds of a contract for recounting crime, or
(b)acquired the property from a person mentioned in clause (a); ("propritaire lgitime") "
proceeds of a contract for recounting crime" means,
(a)money or other consideration paid under a contract for recounting crime 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, whether the money or other consideration is paid before or after this Act came into force, or
(b)property acquired, directly or indirectly, in whole or in part, from money or other consideration referred to in clause (a), whether the property was acquired before or after this Act came into force; ("produit d'un contrat d'utilisation du rcit d'un acte criminel") "
property" means real or personal property, and includes any interest in property; ("bien") "
publication" includes an electronic publication; ("publication") "
regulations" means the regulations made under this Act; ("rglements") "
same-sex partner" means either of two persons of the same sex who live together in a conjugal relationship outside marriage; ("partenaire de mme sexe") "
spouse" means,
(a)a spouse as defined in section 1 of the Family Law Act, or
(b)either of two persons of the opposite sex who live together in a conjugal relationship outside marriage. ("conjoint")
Notice 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.
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, if the contract is not in writing, give the Attorney General written notice of the terms of the contract.
Offence
(3) A person who contravenes subsection (1) or (2) is guilty of an offence and on conviction is liable to a fine of not more than $50,000.
Directors and officers
(4) If a corporation commits an offence under subsection (3), a director or officer of the corporation who directed, authorized, participated in, assented to or acquiesced in the commission of the offence is guilty of the offence and on conviction is liable to the punishment provided for under subsection (3), whether or not the corporation has been prosecuted or convicted.
Persons 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 designated crime.
Action or application
(2) The proceeding may be by action or application.
Legitimate owners
(3) In the case of an order under clause (1) (b), if the court finds that property is proceeds of a contract for recounting crime and a party to the proceeding proves that he, she or it is a legitimate 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 legitimate owner's interest in the property.
Same
(4) Without limiting the generality of subsection (3), an order made under subsection (3) may,
(a)sever or partition any interest in the property or require any interest in the property to be sold or otherwise disposed of, to protect the legitimate owner's interest in the property; or
(b)provide that the Crown in right of Ontario takes the property subject to the interest of the legitimate owner.
Limitation period
(5) A proceeding under this section shall not be commenced after the 15th anniversary of the first payment under the contract for recounting crime.
Persons 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 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 a receiver and manager for the property,
iv.an order giving the Crown in right of Ontario a lien for an amount fixed by the court on the property or on other property specified in the order to secure performance of an obligation imposed by another order made under this paragraph, or
v.an order that notice of the proceeding or of any order made under this subsection be registered in a land registry office against the property or any other property specified in the order.
3.Any other interlocutory order that the court considers just.
Same
(2) Except where it would clearly not be in the interests of justice, the court shall make an order under subsection (1) 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 convicted of a designated crime or to the agent of a person convicted of a designated crime; or
(b)property that is the subject of the proceeding 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 designated crime.
Motion made without notice
(3) An order under subsection (1) may be made on motion without notice for a period not exceeding 10 days.
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 there are other exceptional circumstances, the order ought to be extended without notice to the party.
Same
(5) An extension may be granted on a motion without notice for a further period not exceeding 10 days.
Liens on personal property
(6) If an order under subparagraph 2 iv of subsection (1) gives the Crown a lien on personal property,
(a)the Personal Property Security Act applies with necessary modifications to the lien, despite clause 4 (1) (a) of that Act;
(b)the lien shall be deemed to be a security interest that has attached for the purposes of the Personal Property Security Act\; and
(c)the Attorney General may perfect the security interest referred to in clause (b) for the purposes of the Personal Property Security Act by the registration of a financing statement under that Act.
Persons 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.
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 consideration under a contract for recounting crime to the person charged with a designated crime or the agent to instead pay it into court.
2.An order for the preservation of any property that is proceeds of a contract for recounting crime, 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 a receiver and manager for the property,
iv.an order giving the Crown in right of Ontario a lien for an amount fixed by the court on the property or on other property specified in the order to secure performance of an obligation imposed by another order made under this paragraph, or
v.an order that notice of the proceeding or of any order made under this subsection be registered in a land registry office against the property or any other property specified in the order.
3.Any other order that the court considers just.
Application may be made without notice
(3) An application under subsection (1) may be made without notice, subject to the right of a person affected by any order made under subsection (1) to move under the Rules of Civil Procedure to set aside or vary the order.
Order after prosecution determined
(4) After the prosecution is finally determined, the court shall, on motion,
(a)set aside any order made under subsection (1) and order that money or other consideration paid into court pursuant to any order made under subsection (1) be paid to the person to whom it would otherwise have been payable, if,
(i)the result of the prosecution is that the person charged with a designated crime was not convicted of a designated crime, or
(ii)the result of the prosecution is that the person charged with a designated crime was convicted of a designated crime but the Attorney General did not commence a proceeding under section 4 within 90 days after the prosecution was finally determined; or
(b)if the result of the prosecution is that the person charged with a designated crime was convicted of a designated crime and the Attorney General commenced a proceeding under section 4 within 90 days after the prosecution was finally determined, direct that any order made under subsection (1) continue in force, subject to any order made in the proceeding commenced under section 4.
Liens on personal property
(5) Subsection 5 (6) applies with necessary modifications if an order under subparagraph 2 iv of subsection (2) gives the Crown a lien on personal property.
Limitation period
(6) An application under this section shall not be commenced after the 15th anniversary of the first payment under the alleged contract for recounting crime.
Payment 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.
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.
Legal 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.
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 order made under section 5 or 6 are not sufficient to cover the legal expenses sought in the motion.
Special 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.
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.
Payments out of account
(3) Subject to the regulations, if money is deposited in an account under subsection (1) in respect of a designated crime, the Minister of Finance may make payments out of the account for the following purposes:
1.To compensate persons who suffered pecuniary or non-pecuniary losses, including losses recoverable under Part V of the Family Law Act, as a result of the crime.
2.To assist victims of crime.
3.If, according to the criteria prescribed by the regulations, the amount of money in the account is more than is required for the purposes referred to in paragraphs 1 and 2, such other purposes as are prescribed by the regulations.
Series of crimes
(4) If the Minister of Finance is satisfied that two or more designated crimes are part of a series of related crimes, he or she may deposit money relating to all the crimes into one account under subsection (1) and may make payments out of the account for the purpose of compensating persons who suffered pecuniary or non-pecuniary losses, including losses recoverable under Part V of the Family Law Act, as a result of any of the crimes.
Standard 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.
Personal 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 enforce an order made under this Act.
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 manner.
Disclosure to assist in administration or
enforcement of the law
(3) The Attorney General shall disclose information collected under subsection (1) to a law enforcement agency or another person engaged in the administration or enforcement of the law if the Attorney General is of the opinion that the disclosure would assist in the administration or enforcement of the law, would be in the public interest and would not be contrary to the interests of justice.
Obligation to disclose information
to Attorney General
(4) On the request of the Attorney General, a person who has knowledge of personal information or other information to which the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act applies and who acquired that knowledge in the circumstances prescribed by the regulations shall, despite those Acts and despite any confidentiality provision of any other Act, disclose the information to the Attorney General if the Attorney General indicates that the disclosure would assist in,
(a)determining whether a proceeding should be commenced under this Act;
(b)conducting a proceeding under this Act; or
(c)enforcing an order made under this Act.
Exception
(5) Subsection (4) does not require a person to disclose information if the person believes that the disclosure would unduly interfere with the administration or enforcement of any Act of Canada or Ontario.
Evidence in proceeding
(6) Despite any confidentiality provision of any Act, a person who disclosed information under subsection (4) may be required to give evidence related to that information in a proceeding under this Act.
Definition
(7) In this section, "
personal information" means personal information within the meaning of Part III of the Freedom of Information and Protection of Privacy Act.
Protection 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.
Regulations
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)providing that payments be made only with the approval of the Criminal Injuries Compensation Board or another person or body specified in the regulations, and
(ii)providing that a decision under subclause (i) to approve or not approve a payment is final and not subject to appeal, and shall not be altered or set aside in an application for judicial review or in any other proceeding unless the decision is patently unreasonable;
(e)prescribing circumstances for the purpose of subsection 11 (4);
(f)respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out effectively the purpose of this Act.
General or particular
(2) A regulation made under subsection (1) may be general or particular in its application.
Transition: 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.
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.
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 Trustee on the day section 17 comes into force shall be paid to the person to whom it would otherwise have been payable under the contract.
Freedom of Information and
Protection of Privacy Act
15. (1) The Freedom of Information and Protection of Privacy Act is amended by adding the following section:
Prohibiting Profiting from
Recounting Crimes Act, 2000
14.1 A head may refuse to disclose a record and may refuse to confirm or deny the existence of a record if disclosure of the record could reasonably be expected to interfere with the ability of the Attorney General to determine whether a proceeding should be commenced under the Prohibiting Profiting from Recounting Crimes Act, 2000, conduct a proceeding under that Act or enforce an order made under that Act.
(2) Subsection 29 (2) of the Act is amended by striking out "subsection 14 (3) (law enforcement) or subsection 21 (5) (unjustified invasion of personal privacy)" in the portion before clause (a) and substituting "subsection 14 (3) (law enforcement), section 14.1 (Prohibiting Profiting from Recounting Crimes Act, 2000) or subsection 21 (5) (unjustified invasion of personal privacy)".
(3) Subsection 39 (3) of the Act is amended by striking out "subsection 14 (1) or (2) (law enforcement)" and substituting "subsection 14 (1) or (2) (law enforcement) or section 14.1 (Prohibiting Profiting from Recounting Crimes Act, 2000)".
(4) Clause 49 (a) of the Act is amended by striking out "section 12, 13, 14, 15, 16, 17, 18, 19, 20 or 22" and substituting "section 12, 13, 14, 14.1, 15, 16, 17, 18, 19, 20 or 22".
Municipal Freedom of Information and
Protection of Privacy Act
16. (1) The Municipal Freedom of Information and Protection of Privacy Act is amended by adding the following section:
Prohibiting Profiting from
Recounting Crimes Act, 2000
8.1 A head may refuse to disclose a record and may refuse to confirm or deny the existence of a record if disclosure of the record could reasonably be expected to interfere with the ability of the Attorney General to determine whether a proceeding should be commenced under the Prohibiting Profiting from Recounting Crimes Act, 2000, conduct a proceeding under that Act or enforce an order made under that Act.
(2) Subsection 22 (2) of the Act is amended by striking out "subsection 8 (3) (law enforcement) or subsection 14 (5) (unjustified invasion of personal privacy)" in the portion before clause (a) and substituting "subsection 8 (3) (law enforcement), section 8.1 (Prohibiting Profiting from Recounting Crimes Act, 2000) or subsection 14 (5) (unjustified invasion of personal privacy)".
(3) Clause 29 (3) (a) of the Act is amended by striking out "subsection 8 (1) or (2) (law enforcement)" and substituting "subsection 8 (1) or (2) (law enforcement) or section 8.1 (Prohibiting Profiting from Recounting Crimes Act, 2000)".
(4) Clause 38 (a) of the Act is amended by striking out "section 6, 7, 8, 9, 10, 11, 12, 13 or 15" and substituting "section 6, 7, 8, 8.1, 9, 10, 11, 12, 13 or 15".
Victims' Right to Proceeds
of Crime Act, 1994
17. The following are repealed:
1.The Victims' Right to Proceeds of Crime Act, 1994.
2.Section 14 of the Government Process Simplification Act (Ministry of the Attorney General), 1997.
3.Section 66 of the Amendments Because of the Supreme Court of Canada Decision in M. v. H. Act, 1999.
Bill 155 - Remedies for Organized Crime and Other
Unlawful Activities Act, 2000
18. (1) This section only applies if Bill 155 (An Act to provide civil remedies for organized crime and other unlawful activities, introduced on December 5, 2000) receives Royal Assent.
(2) References in this section to provisions of Bill 155 are references to those provisions as they were numbered in the first reading version of the Bill.
(3) On the later of the day section 17 of this Act comes into force and the day subsection 3 (1) of Bill 155 comes into force, the definition of "proceeds of unlawful activity" in section 2 of Bill 155 is repealed and the following substituted: "
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, 2000. ("produit d'activit illgale")
(4) On the later of the day subsection 15 (1) of this Act comes into force and the day subsection 22 (1) of Bill 155 comes into force,
(a)section 14.1 of the Freedom of Information and Protection of Privacy Act, as enacted by subsection 15 (1) of this Act, is renumbered as section 14.2 of that Act; and
(b)section 14.1 of the Freedom of Information and Protection of Privacy Act, as enacted by subsection 22 (1) of Bill 155, is continued as section 14.1 of that Act.
(5) On the later of the day subsection 15 (2) of this Act comes into force and the day subsection 22 (2) of Bill 155 comes into force, subsection 29 (2) of the Freedom of Information and Protection of Privacy Act, as amended by Bill 155 and this Act, is amended by striking out the portion before clause (a) and substituting the following:
Same
(2) Where a head refuses to confirm or deny the existence of a record as provided in subsection 14 (3) (law enforcement), section 14.1 (Remedies for Organized Crime and Other Unlawful Activities Act, 2000), section 14.2 (Prohibiting Profiting from Recounting Crimes Act, 2000) or subsection 21 (5) (unjustified invasion of personal privacy), the head shall state in the notice given under section 26,
. . . . .
(6) On the later of the day subsection 15 (3) of this Act comes into force and the day subsection 22 (3) of Bill 155 comes into force, subsection 39 (3) of the Freedom of Information and Protection of Privacy Act, as amended by Bill 155 and this Act, is repealed and the following substituted:
Exception
(3) Subsection (2) does not apply where the head may refuse to disclose the personal information under subsection 14 (1) or (2) (law enforcement), section 14.1 (Remedies for Organized Crime and Other Unlawful Activities Act, 2000) or section 14.2 (Prohibiting Profiting from Recounting Crimes Act, 2000).
(7) On the later of the day subsection 15 (4) of this Act comes into force and the day subsection 22 (4) of Bill 155 comes into force, clause 49 (a) of the Freedom of Information and Protection of Privacy Act, as amended by Bill 155 and this Act, is repealed and the following substituted:
(a)where section 12, 13, 14, 14.1, 14.2, 15, 16, 17, 18, 19, 20 or 22 would apply to the disclosure of that personal information.
(8) On the later of the day subsection 16 (1) of this Act comes into force and the day subsection 23 (1) of Bill 155 comes into force,
(a)section 8.1 of the Municipal Freedom of Information and Protection of Privacy Act, as enacted by subsection 16 (1) of this Act, is renumbered as section 8.2 of that Act; and
(b)section 8.1 of the Municipal Freedom of Information and Protection of Privacy Act, as enacted by subsection 23 (1) of Bill 155, is continued as section 8.1 of that Act.
(9) On the later of the day subsection 16 (2) of this Act comes into force and the day subsection 23 (2) of Bill 155 comes into force, subsection 22 (2) of the Municipal Freedom of Information and Protection of Privacy Act, as amended by Bill 155 and this Act, is amended by striking out the portion before clause (a) and substituting the following:
Same
(2) A head who refuses to confirm or deny the existence of a record as provided in subsection 8 (3) (law enforcement), section 8.1 (Remedies for Organized Crime and Other Unlawful Activities Act, 2000), section 8.2 (Prohibiting Profiting from Recounting Crimes Act, 2000) or subsection 14 (5) (unjustified invasion of personal privacy), shall state in the notice given under section 19,
. . . . .
(10) On the later of the day subsection 16 (3) of this Act comes into force and the day subsection 23 (3) of Bill 155 comes into force, clause 29 (3) (a) of the Municipal Freedom of Information and Protection of Privacy Act, as amended by Bill 155 and this Act, is repealed and the following substituted:
(a)the head may refuse to disclose the personal information under subsection 8 (1) or (2) (law enforcement), section 8.1 (Remedies for Organized Crime and Other Unlawful Activities Act, 2000) or section 8.2 (Prohibiting Profiting from Recounting Crimes Act, 2000).
(11) On the later of the day subsection 16 (4) of this Act comes into force and the day subsection 23 (4) of Bill 155 comes into force, clause 38 (a) of the Municipal Freedom of Information and Protection of Privacy Act, as amended by Bill 155 and this Act, is repealed and the following substituted:
(a)if section 6, 7, 8, 8.1, 8.2, 9, 10, 11, 12, 13 or 15 would apply to the disclosure of that personal information.
Bill 163 - Limitations Act, 2000
19. (1) This section only applies if Bill 163 (An Act to revise the Limitations Act, introduced on December 12, 2000), receives Royal Assent.
(2) On the later of the day subsection 4 (5) of this Act comes into force and the day Bill 163 comes into force, the Schedule to Bill 163 is amended by adding the following item:
Prohibiting Profiting from
Recounting Crimes Act, 2000subsection 4 (5)
(3) On the later of the day subsection 6 (6) of this Act comes into force and the day Bill 163 comes into force, the Schedule to Bill 163 is amended by adding the following item:
Prohibiting Profiting from
Recounting Crimes Act, 2000 subsection 6 (6)
(4) On the later of the day section 17 of this Act comes into force and the day Bill 163 comes into force, the Schedule to Bill 163 is amended by striking out the following item:
Victims' Right to Proceeds
of Crime Act, 1994 section 5
Commencement
20. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
21. The short title of this Act is the Prohibiting Profiting from Recounting Crimes Act, 2000.
EXPLANATORY NOTE
The purpose of the Bill is to use proceeds of contracts for recounting crime to compensate persons who suffer pecuniary or nonpecuniary losses as a result of designated crimes and to assist victims of crime (section 1 of the Bill). "Contract for recounting crime" and "designated crime" are defined for the purpose of the Act (section 2 of the Bill). A "contract for recounting crime" includes, for example, a contract to pay a person convicted of a designated crime for the use of recollections of the convicted person that relate to the crime.
Each party to a contract for recounting crime is required to give the Attorney General written notice of the contract (section 3 of the Bill).
The Bill provides for the Superior Court of Justice, in a proceeding commenced by the Attorney General, to make an order requiring money to be paid to the Crown in right of Ontario if the court finds that the money is payable under a contract for recounting crime to a person convicted of a designated crime. Similarly, the Bill provides for the court to make an order forfeiting property to the Crown if the property is proceeds of a contract for recounting crime under which money is payable to a person convicted of a designated crime. Provision is made to protect the interests of legitimate owners of the property. (See section 4 of the Bill.) The Bill also authorizes interlocutory orders for the payment of money into court and for the preservation of property that is the subject of a forfeiture proceeding (section 5 of the Bill).
If a person has been charged with a designated crime, the Bill provides for an application by the Attorney General to the Superior Court of Justice for an order requiring money payable to the person under a contract for recounting crime to be paid into court or for an order for the preservation of property that is proceeds of a contract for recounting crime under which money is payable to the person charged. These orders would be set aside after the prosecution is finally determined, unless the person charged is convicted of a designated crime and the Attorney General commences a proceeding to have the money or property forfeited to the Crown. (See section 6 of the Bill.)
The Bill authorizes a person who is required under a contract for recounting crime to pay money to a person convicted of or charged with a designated crime to instead pay it to the Crown, but the Crown would have to pay it to the person convicted or charged unless the Attorney General commences a proceeding under the Bill and pays the money into court in the proceeding (section 7 of the Bill).
The Bill provides a mechanism to permit money that has been paid into court or property that is subject to an order for the preservation of property to be used to cover reasonable legal expenses (section 8 of the Bill).
The Bill provides that money paid to the Crown under an order made by the Superior Court of Justice, and other property forfeited to the Crown under an order made by the court in respect of a designated crime and converted to money, must be paid into a special purpose account. Payments may be made out of the account to compensate persons who suffered pecuniary or non-pecuniary losses as a result of the designated crime and for other specified purposes. (See section 9 of the Bill.)
The Bill also deals with proof of facts in proceedings under the Bill, the collection and disclosure for the purpose of proceedings under the Bill of information that is subject to freedom of information and protection of privacy legislation, protection from liability and the making of regulations. (See sections 10, 11, 12 and 13 of the Bill.)
The Bill makes complementary amendments to the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act. The Bill will also make complementary amendments if Bill 155 (Remedies for Organized Crime and Unlawful Activities Act, 2000) and Bill 163 (Limitations Act, 2000) receive Royal Assent. (See sections 15, 16, 18 and 19.)
The Bill repeals the Victims' Right to Proceeds of Crime Act, 1994 and provides for the distribution of money held in trust under that Act (sections 14 and 17 of the Bill).