[37] Bill 30 Royal Assent (PDF)
Bill 30 2001
An Act to provide
civil remedies for
organized crime and
other unlawful activities
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
PART I
PURPOSE
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 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.
PART II
PROCEEDS OF UNLAWFUL ACTIVITY
Definitions
2. In this Part,
"legitimate owner" 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 activity occurred and was deprived of possession or control of the property by means of the unlawful activity,
(b) acquired the property for fair value after the unlawful activity occurred and did not know and could not reasonably have known at the time of the acquisition that the property was proceeds of unlawful activity, or
(c) acquired the property from a person mentioned in clause (a) or (b); ("propriétaire légitime")
"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 Part came into force, but does not include money paid under a contract to which section 2 of the Victims' Right to Proceeds of Crime Act, 1994 applies; ("produit d'activité illégale")
"property" means real or personal property, and includes any interest in property; ("bien")
"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")
Forfeiture order
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.
Action or application
(2) The proceeding may be by action or application.
Legitimate owners
(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 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 date proceeds of unlawful activity were first acquired as a result of the unlawful activity that is alleged to have resulted in the acquisition of the property that is the subject of the proceeding.
Interlocutory order for preservation of property
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 of any property that is the subject of the proceeding:
1. An order restraining the disposition of the property.
2. An order for the possession, delivery or safekeeping of the property.
3. An order appointing a receiver or a receiver and manager for the property.
4. 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 subsection.
5. 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.
6. Any other order for the preservation of the property 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) for the preservation of property if the court is satisfied that there are reasonable grounds to believe that the property is proceeds of unlawful activity.
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 paragraph 4 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.
Legal expenses
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.
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 sufficient to cover the legal expenses sought in the motion.
Special purpose account
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.
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 made under this Act, if money is deposited in an account under subsection (1) in respect of proceeds of unlawful activity that are forfeited to the Crown in right of Ontario under this Part, 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 unlawful activity.
2. To assist victims of unlawful activities or to prevent unlawful activities that result in victimization.
3. To compensate the Crown in right of Ontario for pecuniary losses suffered as a result of the unlawful activity, including,
i. expenses incurred in respect of any proceeding under this Part that relates to the unlawful activity, and
ii. expenses incurred in remedying the effects of the unlawful activity.
4. To compensate a municipal corporation or a public body that belongs to a class prescribed by the regulations made under this Act for pecuniary losses that were suffered as a result of the unlawful activity and that are expenses incurred in remedying the effects of the unlawful activity.
5. If, according to the criteria prescribed by the regulations made under this Act, the amount of money in the account is more than is required for the purposes referred to in paragraphs 1 to 4, such other purposes as are prescribed by the regulations.
Related unlawful activities
(4) If money is required to be deposited under subsection (1) in respect of two or more unlawful activities and the Minister of Finance is of the opinion that the unlawful activities are related, the money may be deposited into a single account and, for the purpose of payments out of the account, a reference in subsection (3) to "the unlawful activity" shall be deemed to be a reference to any of the unlawful activities.
PART III
INSTRUMENTS OF UNLAWFUL ACTIVITY
Definitions
7. (1) In this Part,
"instrument of unlawful activity" means property that is likely to be used to engage in unlawful activity that, in turn, would be likely to or is intended to result in the acquisition of other property or in serious bodily harm to any person; ("instrument d'activité illégale")
"property" means real or personal property, and includes any interest in property; ("bien")
"responsible owner" means, with respect to property that is an instrument of unlawful activity, a person with an interest in the property who has done all that can reasonably be done to prevent the property from being used to engage in unlawful activity, including,
(a) promptly notifying appropriate law enforcement agencies whenever the person knows or ought to know that the property has been or is likely to be used to engage in unlawful activity, and
(b) refusing or withdrawing any permission that the person has authority to give and that the person knows or ought to know has facilitated or is likely to facilitate the property being used to engage in unlawful activity; ("propriétaire responsable")
"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")
Instruments of unlawful activity
(2) For the purpose of the definition of "instrument of unlawful activity" in subsection (1), proof that property was used to engage in unlawful activity that, in turn, resulted in the acquisition of other property or in serious bodily harm to any person is proof, in the absence of evidence to the contrary, that the property is likely to be used to engage in unlawful activity that, in turn, would be likely to result in the acquisition of other property or in serious bodily harm to any person.
Forfeiture order
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.
Action or application
(2) The proceeding may be by action or application.
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.
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 responsible 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 responsible owner.
No limitation period
(5) There is no limitation period for a proceeding under this section.
Interlocutory order for preservation of property
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 of any property that is the subject of the proceeding:
1. An order restraining the disposition of the property.
2. An order for the possession, delivery or safekeeping of the property.
3. An order appointing a receiver or a receiver and manager for the property.
4. 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 subsection.
5. 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.
6. Any other order for the preservation of the property 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) for the preservation of property if the court is satisfied that there are reasonable grounds to believe that the property is an instrument of unlawful activity.
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 paragraph 4 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.
Legal expenses
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.
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 sufficient to cover the legal expenses sought in the motion.
Special purpose account
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.
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 made under this Act, if money is deposited in an account under subsection (1) in respect of property that is forfeited to the Crown in right of Ontario under this Part, 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 unlawful activity that the property was used to engage in.
2. To assist victims of unlawful activities or to prevent unlawful activities that result in victimization.
3. To compensate the Crown in right of Ontario for expenses incurred in respect of any proceeding under this Part that relates to the property and for pecuniary losses suffered as a result of unlawful activity that the property was used to engage in, including expenses incurred in remedying the effects of the unlawful activity.
4. To compensate a municipal corporation or a public body that belongs to a class prescribed by the regulations made under this Act for pecuniary losses that were suffered as a result of unlawful activity that the property was used to engage in and that are expenses incurred in remedying the effects of the unlawful activity.
5. If, according to the criteria prescribed by the regulations made under this Act, the amount of money in the account is more than is required for the purposes referred to in paragraphs 1 to 4, such other purposes as are prescribed by the regulations.
Related instruments of unlawful activity
(4) If money is required to be deposited under subsection (1) in respect of two or more instruments of unlawful activity and the Minister of Finance is of the opinion that the instruments of unlawful activity are related, the money may be deposited into a single account and, for the purpose of payments out of the account, a reference in subsection (3) to "the property" shall be deemed to be a reference to any of the instruments of unlawful activity.
PART IV
CONSPIRACIES THAT INJURE THE PUBLIC
Definitions
12. In this Part,
"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, and
(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 body; ("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")
Attorney General's proceeding
based on conspiracy
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.
Action or application
(2) The proceeding may be by action or application.
Notice to public
(3) The Attorney General shall give notice to the public of a proceeding under this section in accordance with the regulations.
Orders
(4) Without limiting the generality of subsection (1), an order made under subsection (1) may,
(a) for the purpose of preventing or reducing the risk of injury to the public, require any person to do or refrain from doing anything specified in the order; or
(b) require a party to the conspiracy referred to in clause (1) (a) to pay damages to the Crown in right of Ontario for any injury to the public resulting from the unlawful activity.
Damages
(5) Despite subsections (1) and (4), no order shall be made requiring the payment of damages to the Crown in right of Ontario if,
(a) another person gives the court written notice that the other person claims a right to those damages and has commenced or intends to commence a separate proceeding seeking payment, by a defendant to the proceeding under this section, of those damages; and
(b) the court is satisfied that the claim referred to in clause (a) is not frivolous or vexatious.
Presumption of risk of injury to the public
(6) For the purpose of clause (4) (a), proof that, during the period that began five years before the day the proceeding was commenced, a defendant engaged in or conspired to engage in unlawful activity on at least two occasions and, in each case, injury to the public resulted from the unlawful activity, is proof, in the absence of evidence to the contrary, that similar unlawful activity would create a risk of injury to the public.
Limitation period
(7) A proceeding under this section shall not be commenced after the 15th anniversary of the date the cause of action arose.
Interlocutory order
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.
Presumption of risk of injury to the public
(2) Subsection 13 (6) applies, with necessary modifications, for the purpose of this section.
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.
Special purpose account
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.
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 made under this Act, if money is deposited in an account under subsection (1) in respect of a proceeding under this Part, the Minister of Finance may make payments out of the account for the following purposes:
1. To assist victims of unlawful activities or to prevent unlawful activities that result in victimization.
2. To compensate the Crown in right of Ontario for expenses incurred in respect of the proceeding under this Part and for pecuniary losses suffered as a result of unlawful activity that the proceeding related to, including expenses incurred in remedying the effects of the unlawful activity.
3. To compensate a municipal corporation or a public body that belongs to a class prescribed by the regulations made under this Act for pecuniary losses that were suffered as a result of unlawful activity that the proceeding related to and that are expenses incurred in remedying the effects of the unlawful activity.
4. If, according to the criteria prescribed by the regulations made under this Act, the amount of money in the account is more than is required for the purposes referred to in paragraphs 1 to 3, such other purposes as are prescribed by the regulations.
PART V
GENERAL
Standard of proof
16. Except as otherwise provided in this Act, findings of fact in proceedings under this Act shall be made on the balance of probabilities.
Proof of offences
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.
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.
Where possession unlawful
18. For the purposes of a proceeding under this Act, a person cannot claim to have an interest in property if, under the law of Canada or Ontario, it is unlawful for the person to possess the property.
Personal information
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 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 reviewing authority
(4) Despite the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act and despite any confidentiality provision of any other Act, a person who has knowledge of personal information or other information that he or she believes would be useful for a purpose described in subsection (1) shall disclose it to the reviewing authority prescribed by the regulations made under this Act if all of the following criteria are met:
1. The information is in the custody of or under the control of an institution within the meaning of the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act that is prescribed by the regulations made under this Act.
2. The person who has knowledge of the information belongs to a class of persons prescribed by the regulations made under this Act.
3. The person who has knowledge of the information acquired it in circumstances prescribed by the regulations made under this Act.
Obligation to disclose information
to Attorney General
(5) If information is disclosed under subsection (4) to the reviewing authority prescribed by the regulations made under this Act and the reviewing authority is satisfied that the criteria prescribed by the regulations are met, the person who disclosed the information to the reviewing authority shall disclose it to the Attorney General.
Exception
(6) Subsections (4) and (5) do 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
(7) Despite any confidentiality provision of any Act, a person who disclosed information to the Attorney General under subsection (5) may be required to give evidence related to that information in a proceeding under this Act.
Personal health information
(8) Despite the other provisions of this section, a person shall not disclose personal health information to the reviewing authority under subsection (4), and no other person is required to disclose personal health information to the Attorney General for a purpose described in subsection (1), unless disclosure of the information is required by,
(a) an order under subsection (9); or
(b) in a proceeding, the rules of court or a summons, order or similar requirement issued in the proceeding.
Order for disclosure of personal
health information
(9) On application by the Attorney General, the Superior Court of Justice may order a person to disclose personal health information to the Attorney General for a purpose described in subsection (1) if the court determines, after a hearing from which the public is excluded and that is held on notice to the individual to whom the information relates, that the disclosure is essential in the interests of justice.
Definitions
(10) In this section,
"health care" means anything that is done for a therapeutic, preventive, palliative, diagnostic, cosmetic or other health-related purpose and includes,
(a) a service that is related to health care and that is,
(i) a personal support service, or
(ii) a community service that is described in subsection 2 (3) of the Long-Term Care Act, 1994 and provided by a service provider within the meaning of that Act,
(b) the observation, examination or assessment of an individual to determine or monitor his or her physical or mental health or well-being, and
(c) the compounding, dispensing or selling of a drug, a device, equipment or any other item to an individual, or for the use of an individual, pursuant to a prescription; ("soins de santé")
"health number" means the number and version code assigned to an insured person within the meaning of the Health Insurance Act by the General Manager of the Ontario Health Insurance Plan; ("numéro de la carte Santé")
"personal health information" means information relating to an individual, whether or not the information is recorded, if the information,
(a) is information that,
(i) identifies the individual,
(ii) can be used or manipulated by a reasonably foreseeable method to identify the individual, or
(iii) can be linked or matched by a reasonably foreseeable method to other information that identifies the individual or that can be used or manipulated by a reasonably foreseeable method to identify the individual, and
(b) is information that,
(i) relates to the physical or mental health or well-being of the individual,
(ii) relates to the providing of health care to the individual,
(iii) is a plan of service within the meaning of the Long-Term Care Act, 1994 for the individual,
(iv) relates to payments or eligibility for health care in respect of the individual,
(v) relates to the donation by the individual of any body part or bodily substance of the individual or is derived from the testing or examination of any such body part or bodily substance,
(vi) is the individual's health number,
(vii) is registration information relating to the individual, or
(viii) relates to a provider of health care to the individual,
and includes personal information if it comes within this definition; ("renseignements personnels sur la santé")
"personal information" means personal information within the meaning of Part III of the Freedom of Information and Protection of Privacy Act; ("renseignements personnels")
"personal support service" means assistance with or supervision of hygiene, washing, dressing, grooming, eating, drinking, elimination, ambulation, positioning or any other routine activity of living; ("service de soutien personnel")
"registration information" means information relating to an individual that is collected or created for the purpose of registration of the individual in connection with services or benefits that a provider of health care provides to the individual and includes,
(a) the individual's name, home address and home telephone number, gender, date of birth, date of death if applicable, residency status, family association and marital status,
(b) the individual's signature or electronic or photographic image, and
(c) any identification number for the individual, other than a health number,
but does not include information about the health status of the individual or health care provided to the individual. ("renseignements en matière d'inscription")
Protection from liability
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.
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.
Regulations
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 6, 11 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 and, in the case of payments under paragraph 1 of subsection 6 (3) or paragraph 1 of subsection 11 (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;
(c) governing the giving of notice to the public of a proceeding under section 13;
(d) prescribing a person or body as the reviewing authority for the purpose of subsections 19 (4) and (5), prescribing institutions, classes of persons and circumstances for the purpose of subsection 19 (4) and prescribing criteria for the purpose of subsection 19 (5);
(e) 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.
PART VI
AMENDMENTS, COMMENCEMENT
AND SHORT TITLE
Freedom of Information and Protection
of Privacy Act
22. (1) The Freedom of Information and Protection of Privacy Act is amended by adding the following section:
Remedies for Organized Crime
and Other Unlawful Activities Act, 2001
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 Remedies for Organized Crime and Other Unlawful Activities Act, 2001, 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 (Remedies for Organized Crime and Other Unlawful Activities Act, 2001) 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 (Remedies for Organized Crime and Other Unlawful Activities Act, 2001)".
(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
23. (1) The Municipal Freedom of Information and Protection of Privacy Act is amended by adding the following section:
Remedies for Organized Crime
and Other Unlawful Activities Act, 2001
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 Remedies for Organized Crime and Other Unlawful Activities Act, 2001, 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 (Remedies for Organized Crime and Other Unlawful Activities Act, 2001) 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 (Remedies for Organized Crime and Other Unlawful Activities Act, 2001)".
(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".
Bill 10 - Limitations Act, 2001
24. (1) This section only applies if Bill 10 (An Act to revise the Limitations Act, introduced on April 25, 2001) receives Royal Assent.
(2) References in this section to provisions of Bill 10 are references to those provisions as they were numbered in the first reading version of the Bill.
(3) On the later of the day subsection 3 (5) of this Act comes into force and the day the Schedule to Bill 10 comes into force, the Schedule to Bill 10 is amended by adding the following item:
Remedies for Organized
Crime and Other Unlawful
Activities Act, 2001 subsection 3 (5)
(4) On the later of the day subsection 8 (5) of this Act comes into force and the day subsection 16 (1) of Bill 10 comes into force, subsection 16 (1) of Bill 10 is amended by adding the following clause:
(e.1) a proceeding under section 8 of the Remedies for Organized Crime and Other Unlawful Activities Act, 2001;
(5) On the later of the day subsection 13 (7) of this Act comes into force and the day the Schedule to Bill 10 comes into force, the Schedule to Bill 10 is amended by adding the following item:
20 Bill 30 remedies for organized crime and other unlawful activities Sec./art. 24 (5)
Remedies for Organized
Crime and Other Unlawful
Activities Act, 2001 subsection 3 (5)
Commencement
25. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
26. The short title of this Act is the Remedies for Organized Crime and Other Unlawful Activities Act, 2001.