[38] Bill 128 Royal Assent (PDF)
Bill 128 2005
An Act to amend
various Acts with respect to
enforcement powers, penalties and
the management of property forfeited,
or that may be forfeited,
to the Crown in right of Ontario
as a result of organized crime,
marijuana growing 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:
Building Code Act, 1992
1. Subsections 36 (3) and (4) of the Building Code Act, 1992 are repealed and the following substituted:
Penalties
(3) A person who is convicted of an offence is liable to a fine of not more than $50,000 for a first offence and to a fine of not more than $100,000 for a subsequent offence.
Corporations
(4) If a corporation is convicted of an offence, the maximum penalty that may be imposed upon the corporation is $100,000 for a first offence and $200,000 for a subsequent offence and not as provided in subsection (3).
Crown Attorneys Act
2. The Crown Attorneys Act is amended by adding the following sections:
Director of Asset Management - Criminal
14.1 (1) The Attorney General shall appoint a person to be the Director of Asset Management - Criminal who shall be responsible for,
(a) taking control of and managing or otherwise dealing with property that is the subject of a management order obtained by the Attorney General under section 83.13, 462.331 or 490.81 of the Criminal Code (Canada);
(b) administering and managing property that is the subject of a restraint order obtained by the Attorney General under section 462.33 or 490.8 of the Criminal Code (Canada);
(c) preserving, managing, selling or otherwise disposing of or dealing with property forfeited to the Crown in right of Ontario under section 83.14, 199, 462.37, 462.38, 462.43, 490, 490.01, 490.1, 490.2 or 491.1 of the Criminal Code (Canada); and
(d) taking control of, preserving, managing, selling or otherwise disposing of or dealing with any other property that is forfeited to the Crown in right of Ontario under a prescribed provision of the Criminal Code (Canada).
Same
(2) The Director shall perform any additional duties assigned to him or her by the Attorney General.
Acting Director
14.2 (1) The powers and duties of the Director of Asset Management - Criminal may be exercised and performed by an employee of the Ministry of the Attorney General appointed as Acting Director if,
(a) the Director is absent or unable to act; or
(b) the individual who was appointed Director has ceased to be the Director and no new Director has been appointed.
Same
(2) An Acting Director shall be appointed by the Director or, if the Director is absent or unable to act, by the Deputy Attorney General.
Director's powers
14.3 (1) The Director of Asset Management - Criminal may preserve, manage, sell or otherwise dispose of or deal with any property described in clause 14.1 (1) (c) or (d) that is not money in any manner that he or she considers proper.
Same
(2) Without limiting the generality of subsection (1), the Director may,
(a) take possession of and preserve or manage the property for the length of time and on the terms that he or she considers proper;
(b) convert the property to money at the price and on the terms that he or she considers proper;
(c) sell, assign, dispose of, use, give or transfer the property, or any interest in the property, at the price and upon the terms that he or she considers proper;
(d) do anything he or she considers advisable for the on-going management or operation of the property before its final disposition, including,
(i) complying with the terms of any order to which the property is subject, including an order to comply with environmental, industrial, labour or property standards or to pay taxes, utility charges or other charges, or
(ii) making improvements to the property to maintain its economic value; or
(e) sell or otherwise dispose of perishable or rapidly depreciating property.
Protection from personal liability
(3) No action or other proceeding for damages shall be instituted against the Attorney General, the Director of Asset Management - Criminal, any employee of the Ministry of the Attorney General or any person acting on behalf of the Director for any act done in good faith in the performance or intended performance of any duty under this section or in the exercise or in the intended exercise of any power under this section, or for any neglect or default in the performance or exercise in good faith of any such duty or power.
Same
(4) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (3) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (3) to which it would otherwise be subject.
Management of property forfeited to the Crown
14.4 (1) Property that is forfeited to the Crown in right of Ontario as described in clause 14.1 (1) (c) or (d) shall be dealt with and disposed of by the Director of Asset Management - Criminal as provided under sections 14.1 and 14.3.
Escheats Act does not apply
(2) The Escheats Act does not apply to property that is forfeited to the Crown in right of Ontario as described in clause 14.1 (1) (c) or (d).
Mining lands
(3) Despite subsection 14.1 (1) and subsection (1) of this section, where mining lands as defined in the Mining Act have become forfeited to the Crown in right of Ontario as described in clause 14.1 (1) (c) or (d), such mining lands shall be dealt with and disposed of as Crown lands in the manner provided in the Mining Act.
Expenses
14.5 The money required for the purposes of the Director of Asset Management - Criminal shall be paid out of the amounts appropriated by the Legislature for those purposes.
3. The Act is amended by adding the following section:
Money credited to Forfeited Proceeds of Crime Accounts
14.6 (1) Despite the Fines and Forfeitures Act, the following money shall be credited to the separate non-interest bearing accounts in the Consolidated Revenue Fund known as the Ministry of the Attorney General Forfeited Proceeds of Crime Account and the Ministry of Community Safety and Correctional Services Forfeited Proceeds of Crime Account, which may be referred to in French as Compte des produits de la criminalité confisqués du ministère du Procureur général and Compte des produits de la criminalité confisqués du ministère de la Sécurité communautaire et des Services correctionnels, respectively, in the proportions agreed upon by the Attorney General and the Minister of Community Safety and Correctional Services from time to time:
1. Subject to section 462.49 of the Criminal Code (Canada),
i. money forfeited to the Crown in right of Ontario under section 83.14, 199, 462.37, 462.38, 462.43, 490, 490.01, 490.1, 490.2 or 491.1 of the Criminal Code (Canada), and
ii. money that is the proceeds of the sale or other disposition of property described in clause 14.1 (1) (c) or (d).
2. Money provided to the Attorney General or the government that was paid as a fine under,
i. subsection 462.37 (3) of the Criminal Code (Canada),
ii. any similar provision of any other federal Act, or
iii. any similar provision of the laws of a jurisdiction outside of Ontario.
Money for a special purpose
(2) Money standing to the credit of these accounts is, for the purpose of the Financial Administration Act, money paid to Ontario for a special purpose.
Same
(3) The amounts from time to time standing to the credit of these accounts,
(a) may be paid from the Consolidated Revenue Fund for the purpose of complying with a court order relating to any interest in property that has been forfeited to the Crown in right of Ontario; and
(b) subject to the approval of the Management Board of Cabinet, may be used to reimburse the Consolidated Revenue Fund for any expenditures incurred for the purposes of crime prevention, law enforcement or the administration of criminal justice, including property management as provided under sections 14.1 and 14.3 and victim restitution, in accordance with the principles agreed upon by the Attorney General and the Minister of Community Safety and Correctional Services from time to time.
4. Section 15 of the Act is amended by adding the following clause:
(h.1) prescribing provisions of the Criminal Code (Canada) for the purpose of clause 14.1 (1) (d);
Electricity Act, 1998
5. Part III of the Electricity Act, 1998 is amended by adding the following section:
Emergency termination of service
31.1 (1) A distributor may shut off the distribution of electricity to a property without notice if the distributor has reason to believe that a condition exists in respect of the property that threatens or is likely to threaten,
(a) the safety of any person; or
(b) the reliability of all or part of the distribution system.
Notice
(2) The distributor shall,
(a) give the Electrical Safety Authority written notice of the shut-off under subsection (1) as soon as possible afterwards; and
(b) post a notice of the shut-off under subsection (1) in a conspicuous place on the property within 10 days afterwards.
Same
(3) The notices under subsection (2) shall set out the reasons for the shut-off and the notice posted under clause (2) (b) shall describe the right to a review by the Board, as provided by subsection (6).
Restoration of electricity
(4) At the request of the owner or occupier of the property to have the distribution of electricity to the property restored, the distributor shall assess the conditions existing in respect of the property and, subject to any requirements under Part VIII, shall restore the distribution of electricity to the property as soon as possible after the distributor is satisfied that neither of the conditions described in clauses (1) (a) and (b) exists in respect of the property.
Limit
(5) Despite subsection (4), the distributor is not required to assess the conditions existing in respect of the property more than once every five days.
Application for review
(6) The owner or occupier of the property may file an application in writing to the Board to have the distribution of electricity to the property restored, but may not file an application with the Board without first making a request to the distributor under subsection (4).
Same
(7) The Board shall forward a copy of an application filed under subsection (6) to the distributor before commencing its review.
Review by Board
(8) Upon receipt of an application under subsection (6), the Board shall review the matter and, upon the completion of its review, if it finds that the distributor acted unreasonably in shutting off the distribution of electricity to the property or in failing to restore the distribution of electricity to the property, may make an order directing the distributor to restore the distribution of electricity to the property, subject to any requirements under Part VIII.
Termination not a breach of contract
(9) If the Board finds that the distributor did not act unreasonably in shutting off the distribution of electricity to a property under subsection (1), the shut-off of the distribution of electricity to the property shall be deemed not to be a breach of any contract.
6. (1) Subsection 113 (13) of the Act is repealed and the following substituted:
Offences
(13) Every person,
(a) disturbing or interfering with an inspector or other officer in the performance of the inspector's or officer's duty under this section is guilty of an offence and on conviction is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both;
(b) refusing or neglecting to comply with this section, or with any regulation, plan or specification made under its authority, is guilty of an offence and on conviction is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both;
(c) refusing or neglecting to comply with an order issued by the Authority under subsection (5) is guilty of an offence and on conviction is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both, and a further fine of not more than $5,000 for each day upon which such refusal or neglect is repeated or continued.
Same, corporations
(13.1) A corporation that is guilty of an offence described in subsection (13) is liable, on conviction, to a fine of not more than $1,000,000.
(2) Subsection 113 (13.1) of the Act, as enacted by subsection (1), is repealed on the later of the day subsection (1) comes into force and the day subsection 12 (4) of Bill 70 ( Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 , introduced on April 29, 2004) comes into force.
(3) References in this section to provisions of Bill 70 are references to those provisions as they were numbered in the first reading version of the Bill.
7. (1) This section applies only if Bill 70 ( Ministry of Consumer and Business Services Statute Law Amendment Act, 2004 , introduced on April 29, 2004) receives Royal Assent.
(2) References in this section to provisions of Bill 70 are references to those provisions as they were numbered in the first reading version of the Bill.
(3) On the later of the day this section comes into force and the day subsection 12 (5) of Bill 70 comes into force, section 113.20 of the Act, as enacted by subsection 12 (5) of Bill 70, is repealed and the following substituted:
Offences
113.20 (1) Every person,
(a) that refuses or neglects to comply with section 113 or with any regulation, plan or specification made under its authority is guilty of an offence and on conviction is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both;
(b) that refuses or neglects to comply with an order issued by the Authority under subsection 113 (5) is guilty of an offence and on conviction is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both, and a further fine of not more than $5,000 for each day upon which the refusal or neglect is repeated or continued;
(c) that refuses or neglects to comply with subsection 113.14 (7) or (12) or disturbs or interferes with an inspector or other officer in the performance of a duty the inspector or officer was appointed to perform under this Part is guilty of an offence and on conviction is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both;
(d) that contravenes or fails to comply with subsection 113.2 (1) is guilty of an offence and on conviction is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both, and a further fine of not more than $5,000 for each day upon which the offence is repeated or continued;
(e) that contravenes or fails to comply with any regulation made under the authority of clause 113.22 (1) (e) is guilty of an offence and on conviction is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both, and a further fine of not more than $5,000 for each day upon which the offence is repeated or continued;
(f) that contravenes or fails to comply with a restriction, limitation or condition of an authorization is guilty of an offence and on conviction is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both, and a further fine of not more than $5,000 for each day upon which the offence is repeated or continued;
(g) that knowingly makes a false statement or furnishes false information to a Director under this Part is guilty of an offence and on conviction is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both.
Same, corporations
(2) A corporation that is guilty of an offence described in subsection (1) is liable, on conviction, to a fine of not more than $1,000,000.
Fire Protection and Prevention Act, 1997
8. Subsections 28 (3), (4), (5) and (6) of the Fire Protection and Prevention Act, 1997 are repealed and the following substituted:
Penalty
(3) An individual convicted of an offence under subsection (1) is liable to,
(a) in the case of an offence other than one described in clause (b), a fine of not more than $20,000 or imprisonment for a term of not more than one year, or both; and
(b) in the case of an offence for contravention of the fire code, a fine of not more than $50,000 or imprisonment for a term of not more than one year, or both.
Same
(4) A corporation convicted of an offence under subsection (1) is liable to a fine of not more than $100,000.
Offence, director or officer of corporation
(5) A director or officer of a corporation who knows that the corporation is violating or has violated a provision of the fire code is guilty of an offence and on conviction is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both.
Liability of directors
(6) Despite subsections (1) and (3), every director or officer of a corporation who knowingly commits an offence under subsection (1) is guilty of an offence and on conviction is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both.
9. Section 29 of the Act is repealed and the following substituted:
Offence, removal of posted notice
29. Any person who removes a copy of an order or of a notice posted in accordance with subsection 15 (3), 24 (2), (3) or 31 (4) without the approval of the Fire Marshal, an assistant to the Fire Marshal or a fire chief is guilty of an offence and on conviction is liable to a fine of not more than $2,000 or to imprisonment for a term of not more than one year, or to both.
10. Section 30 of the Act is repealed and the following substituted:
Offence, failure to comply with inspection order
30. Every person who fails to comply with an order made under section 21, 25 or 26 is guilty of an offence and on conviction is liable to a fine of not more than $20,000 for every day during which the default continues, and the imposition or payment of the fine does not relieve the person from complying with the order.
Municipal Act, 2001
11. The Municipal Act, 2001 is amended by adding the following section:
Inspection of buildings containing marijuana grow operations
431.1 (1) If the clerk of a local municipality is notified in writing by a police force that a building located on land in the local municipality contained a marijuana grow operation, the local municipality shall ensure that an inspection of the building is conducted within a reasonable time after the clerk has been notified.
Persons who may conduct inspection
(2) An inspection referred to in subsection (1) may be conducted by,
(a) a by-law enforcement officer of any municipality or of any local board of any municipality; or
(b) an officer, employee or agent of any municipality or of any local board of any municipality whose responsibilities include the enforcement of a by-law, an Act or a regulation under an Act.
Nature of inspection
(3) The requirement in subsection (1) for an inspection is for an inspection that includes entering upon the land and into the building.
Powers to conduct inspection
(4) The inspection shall be conducted pursuant to the powers of entry and inspection that the person conducting the inspection otherwise has under law, but only to the extent that the person conducting the inspection is able to do so.
Action to be taken
(5) Upon conclusion of the inspection, the person who conducted the inspection shall take whatever actions he or she is authorized by law to take in order to make the building safe and otherwise protect the public.
Definition
(6) In this section,
"police force" means a municipal police force, the Ontario Provincial Police or the Royal Canadian Mounted Police.
12. The Act is amended by adding the following section:
Where marijuana grow operation is in a lower-tier municipality
431.2 (1) If the clerk of a local municipality that is a lower-tier municipality is notified under subsection 431.1 (1) that a building located on land in the lower-tier municipality contained a marijuana grow operation, the lower-tier municipality shall, if in its opinion it is appropriate to do so, forward a copy of the notice referred to in subsection 431.1 (1) to the clerk of the upper-tier municipality of which the lower-tier municipality forms a part.
Same
(2) Upon the clerk of the upper-tier municipality being notified under subsection (1), the obligation under subsection 431.1 (1) to ensure that an inspection of the building is conducted becomes the obligation of both the lower-tier municipality and the upper-tier municipality.
13. The Act is amended by adding the following section:
Co-ordination of enforcement
433.1 (1) A municipality may enter into agreements with a person or body in relation to matters of mutual interest for the purpose of co-ordinating the enforcement of by-laws, statutes and regulations.
Other matters not affected
(2) Subsection (1) does not affect the interpretation of other provisions of this Act, any other Act or any regulation made under this or any other Act.
Prohibiting Profiting from
Recounting Crimes Act, 2002
14. Section 2 of the Prohibiting Profiting from Recounting Crimes Act, 2002, as amended by the Statutes of Ontario, 2005, chapter 5, section 59, is amended by adding the following definition:
"Director" means the Director of Asset Management - Civil appointed under section 15.1 of the Remedies for Organized Crime and Other Unlawful Activities Act, 2001; ("directeur")
15. (1) Paragraph 2 of subsection 5 (1) of the Act is repealed and the following substituted:
2. An order for the preservation, management or disposition of any property that is the subject of the proceeding, including,
i. an order restraining the disposition of the property,
ii. an order for the possession, delivery or safekeeping of the property,
iii. an order appointing a receiver or receiver and manager for the property,
iv. an order for the sale or other disposition of the property if it is perishable or of a rapidly depreciating nature,
v. an order to sever or partition any interest in the property or to require any interest in the property to be sold or otherwise disposed of, and for all or part of the proceeds of the severance, partition, sale or other disposition to be paid to the Crown in right of Ontario as compensation for its costs incurred in preserving, managing or disposing of the property and in enforcing or complying with any other order made under this subsection in respect of the property,
vi. 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
vii. 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.
(2) Subsection 5 (6) of the Act is amended by striking out "subparagraph 2 iv of subsection (1)" in the portion before clause (a) and substituting "subparagraph 2 vi of subsection (1)".
(3) Section 5 of the Act is amended by adding the following subsections:
Assignment of duties to Director
(7) When the Attorney General requests it, the court making an order under paragraph 2 of subsection (1) shall assign any duties in respect of the property to the Director.
On-going management of property
(8) If an order is made under paragraph 2 of subsection (1) assigning a person other than the Director any duties in respect of the property, the person may do anything the court authorizes, either in that order or in an order made under subsection (9), for the on-going management or operation of the property before its final disposition, including,
(a) complying with the terms of any other order to which the property is subject, including an order to comply with environmental, industrial, labour or property standards or to pay taxes, utility charges or other charges;
(b) making improvements to the property to maintain its economic value; or
(c) pledging, hypothecating, mortgaging or otherwise using the property as security.
Same
(9) On motion, on notice to all of the parties to the proceeding, by a person described in subsection (8), the court may make an order authorizing the person to take any action that the court considers just for the on-going management or operation of the property before its final disposition.
16. (1) Paragraph 2 of subsection 6 (2) of the Act is repealed and the following substituted:
2. An order for the preservation, management or disposition 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 receiver and manager for the property,
iv. an order for the sale or other disposition of the property if it is perishable or of a rapidly depreciating nature,
v. an order to sever or partition any interest in the property or to require any interest in the property to be sold or otherwise disposed of, and for all or part of the proceeds of the severance, partition, sale or other disposition to be paid to the Crown in right of Ontario as compensation for its costs incurred in preserving, managing or disposing of the property and in enforcing or complying with any other order made under this subsection in respect of the property,
vi. 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
vii. 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.
(2) Subsection 6 (5) of the Act is repealed and the following substituted:
Liens on personal property
(5) Subsection 5 (6) applies with necessary modifications if an order under subparagraph 2 vi of subsection (2) gives the Crown a lien on personal property.
(3) Section 6 of the Act is amended by adding the following subsections:
Assignment of duties to Director
(7) When the Attorney General requests it, the court making an order under paragraph 2 of subsection (2) shall assign any duties in respect of the property to the Director.
On-going management of property
(8) If an order is made under paragraph 2 of subsection (2) assigning a person other than the Director any duties in respect of the property, the person may do anything the court authorizes, either in that order or in an order made under subsection (9), for the on-going management or operation of the property before its final disposition, including,
(a) complying with the terms of any other order to which the property is subject, including an order to comply with environmental, industrial, labour or property standards or to pay taxes, utility charges or other charges;
(b) making improvements to the property to maintain its economic value; or
(c) pledging, hypothecating, mortgaging or otherwise using the property as security.
Same
(9) On motion, on notice to all of the parties to the proceeding, by a person described in subsection (8), the court may make an order authorizing the person to take any action that the court considers just for the on-going management or operation of the property before its final disposition.
17. (1) Section 9 of the Act is amended by adding the following subsection:
Payments out of account for Crown's costs
(2.1) If money is deposited in an account under subsection (1), the Minister of Finance shall make payments out of the account, at the request of the Director and in the amounts determined by the Director under subsection (3.4), to compensate the Crown in right of Ontario for its costs incurred,
(a) in conducting the proceeding under this Act with respect to the property;
(b) in determining whether the proceeding under this Act with respect to the property should be commenced;
(c) in preserving, managing or disposing of the property under this Act; and
(d) in enforcing or complying with orders made under this Act in respect of the property.
(2) Subsection 9 (3) of the Act is repealed and the following substituted:
Other payments out of account
(3) Subject to the regulations and after making the payments, if any, out of the account under subsection (2.1), the Minister of Finance may make payments out of the account described in subsection (1) 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.
Director's election to give priority to persons who suffered loss
(3.1) The Director may elect not to request payment out of the account under subsection (2.1) if, in his or her opinion, all or substantially all of the money in the account is needed to compensate the persons who are entitled to compensation under paragraph 1 of subsection (3).
Payment for Crown's costs after payment to persons who suffered loss
(3.2) If the Director elects not to request payment under subsection (2.1), the Minister of Finance shall, at the request of the Director and in the amounts determined by the Director under subsection (3.4), make payments to compensate the Crown in right of Ontario for its costs incurred as described in subsection (2.1) out of the account, after the payments are made to compensate the persons who are entitled to compensation under paragraph 1 of subsection (3).
Payment for Crown's costs out of other accounts
(3.3) If the amount of money in the account is insufficient to satisfy the Crown's costs pursuant to a request made by the Director under subsection (2.1) or (3.2), the Minister of Finance shall make payments to compensate the Crown in right of Ontario for its unsatisfied costs out of another account into which money is deposited under subsection (1) as a result of another proceeding, after payments have been made out of that account to compensate the persons who are entitled to compensation out of that account under paragraph 1 of subsection (3) and to compensate the Crown for its costs incurred in respect of that account.
Determination of Crown's costs
(3.4) The amount of the Crown's costs under subsection (2.1) or (3.2) shall be determined by the Director on any basis, or combination of them, that he or she considers appropriate in the circumstances, including,
(a) a flat rate for every forfeiture;
(b) a flat rate for every step taken;
(c) an hourly rate;
(d) the actual costs; or
(e) a percentage of the value of the property forfeited.
(3) Subsection 9 (4) of the Act is repealed and the following substituted:
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 under this section in respect of any of the crimes out of the account.
18. The Act is amended by adding the following section:
Management of property forfeited to the Crown
9.1 (1) Property that is forfeited to the Crown in right of Ontario under an order made under this Act shall be dealt with and disposed of by the Director of Asset Management - Civil as provided under Part IV.1 of the Remedies for Organized Crime and Other Unlawful Activities Act, 2001.
Escheats Act does not apply
(2) The Escheats Act does not apply to property that is forfeited to the Crown in right of Ontario under an order made under this Act.
Fines and Forfeitures Act does not apply
(3) The Fines and Forfeitures Act does not apply to property that is forfeited to the Crown in right of Ontario under an order made under this Act.
Mining lands
(4) Despite subsection (1), where mining lands as defined in the Mining Act have become forfeited to the Crown in right of Ontario under an order made under this Act, such mining lands shall be dealt with and disposed of as Crown lands in the manner provided in the Mining Act.
19. (1) Paragraph 3 of subsection 11 (1) of the Act is repealed and the following substituted:
3. To identify and locate persons who suffered pecuniary or non-pecuniary losses, including losses recoverable under Part V of the Family Law Act, in order to compensate such persons under paragraph 1 of subsection 9 (3) or subsection 9 (4).
4. To assist the Director in performing his or her duties and exercising his or her powers in respect of any property that is or may be the subject of a proceeding under this Act.
5. To enforce or comply with an order made under this Act.
(2) Subsection 11 (4) of the Act is amended by striking out "or" at the end of clause (b) and by repealing clause (c) and substituting the following:
(c) identifying and locating persons who suffered pecuniary or non-pecuniary losses, including losses recoverable under Part V of the Family Law Act, in order to compensate such persons under paragraph 1 of subsection 9 (3) or subsection 9 (4);
(d) assisting the Director in performing his or her duties and exercising his or her powers in respect of any property that is or may be the subject of a proceeding under this Act; or
(e) enforcing or complying with an order made under this Act.
Remedies for Organized Crime and Other Unlawful Activities Act, 2001
20. Section 2 of the Remedies for Organized Crime and Other Unlawful Activities Act, 2001, as amended by the Statutes of Ontario, 2002, chapter 2, section 19, is amended by adding the following definition:
"Director" means the Director of Asset Management - Civil appointed under section 15.1; ("directeur")
21. (1) Subsections 4 (1) and (2) of the Act are repealed and the following substituted:
Interlocutory order for preservation, management or disposition of property
(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, management or disposition 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 receiver and manager for the property.
4. An order for the sale or other disposition of the property if it is perishable or of a rapidly depreciating nature.
5. An order to sever or partition any interest in the property or to require any interest in the property to be sold or otherwise disposed of, and for all or part of the proceeds of the severance, partition, sale or other disposition to be paid to the Crown in right of Ontario as compensation for its costs incurred in preserving, managing or disposing of the property and in enforcing or complying with any other order made under this subsection in respect of the property.
6. 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.
7. 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.
8. Any other order for the preservation, management or disposition 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) if the court is satisfied that there are reasonable grounds to believe that the property is proceeds of unlawful activity.
(2) Subsection 4 (6) of the Act is amended by striking out "paragraph 4 of subsection (1)" in the portion before clause (a) and substituting "paragraph 6 of subsection (1)".
(3) Section 4 of the Act is amended by adding the following subsections:
Assignment of duties to Director
(7) When the Attorney General requests it, the court making an order under subsection (1) shall assign any duties with respect to the property to the Director.
On-going management of property
(8) If an order is made under subsection (1) assigning any duties in respect of the property to a person other than the Director, the person may do anything the court authorizes, either in that order or in an order made under subsection (9), for the on-going management or operation of the property before its final disposition, including,
(a) complying with the terms of any order to which the property is subject, including an order to comply with environmental, industrial, labour or property standards or to pay taxes, utility charges or other charges;
(b) making improvements to the property to maintain its economic value; or
(c) pledging, hypothecating, mortgaging or otherwise using the property as security.
Same
(9) On motion, on notice to all of the parties to the proceeding, by a person described in subsection (8), the court may make an order authorizing the person to take any action that the court considers just for the on-going management or operation of the property before its final disposition.
22. (1) Section 6 of the Act is amended by adding the following subsection:
Payments out of account for Crown's costs
(2.1) If money is deposited in an account under subsection (1), the Minister of Finance shall make payments out of the account, at the request of the Director and in the amounts determined by the Director under subsection (3.4), to compensate the Crown in right of Ontario for its costs incurred,
(a) in conducting the proceeding under this Part with respect to the property;
(b) in determining whether the proceeding under this Part should be commenced;
(c) in preserving, managing or disposing of the property under this Part; and
(d) in enforcing or complying with orders made under this Part in respect of the property.
(2) Subsection 6 (3) of the Act is repealed and the following substituted:
Other payments out of account
(3) Subject to the regulations made under this Act and after making the payments, if any, out of the account under subsection (2.1), the Minister of Finance may make payments out of the account described in subsection (1) 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, other than the costs described in subsection (2.1), but including costs 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 costs 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.
Director's election to give priority to persons who suffered loss
(3.1) The Director may elect not to request payment out of the account under subsection (2.1) if, in his or her opinion, all or substantially all of the money in the account is needed to compensate the persons who are entitled to compensation under paragraph 1 of subsection (3).
Payment for Crown's costs after payment to persons who suffered loss
(3.2) If the Director elects not to request payment under subsection (2.1), the Minister of Finance shall, at the request of the Director and in the amounts determined by the Director under subsection (3.4), make payments to compensate the Crown in right of Ontario for its costs incurred as described in subsection (2.1) out of the account, after the payments are made to compensate the persons who are entitled to compensation under paragraph 1 of subsection (3).
Payment for Crown's costs out of other accounts
(3.3) If the amount of money in the account is insufficient to satisfy the Crown's costs pursuant to a request made by the Director under subsection (2.1) or (3.2), the Minister of Finance shall make payments to compensate the Crown in right of Ontario for its unsatisfied costs out of another account into which money is deposited under subsection (1) as a result of another proceeding, after payments have been made out of that account to compensate the persons who are entitled to compensation out of that account under paragraph 1 of subsection (3) and to compensate the Crown for its costs incurred in respect of that account.
Determination of Crown's costs
(3.4) The amount of the Crown's costs under subsection (2.1) or (3.2) shall be determined by the Director on any basis, or combination of them, that he or she considers appropriate in the circumstances, including,
(a) a flat rate for every forfeiture;
(b) a flat rate for every step taken;
(c) an hourly rate;
(d) the actual costs; or
(e) a percentage of the value of the property forfeited.
23. Subsection 7 (1) of the Act is amended by adding the following definition:
"Director" means the Director of Asset Management - Civil appointed under section 15.1; ("directeur")
24. (1) Subsections 9 (1) and (2) of the Act are repealed and the following substituted:
Interlocutory order for preservation, management or disposition of property
(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, management or disposition 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 receiver and manager for the property.
4. An order for the sale or other disposition of the property if it is perishable or of a rapidly depreciating nature.
5. An order to sever or partition any interest in the property or to require any interest in the property to be sold or otherwise disposed of, and for all or part of the proceeds of the severance, partition, sale or other disposition to be paid to the Crown in right of Ontario as compensation for its costs incurred in preserving, managing or disposing of the property and in enforcing or complying with any other order made under this subsection in respect of the property.
6. 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.
7. 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.
8. Any other order for the preservation, management or disposition 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) if the court is satisfied that there are reasonable grounds to believe that the property is an instrument of unlawful activity.
(2) Subsection 9 (6) of the Act is amended by striking out "paragraph 4 of subsection (1)" in the portion before clause (a) and substituting "paragraph 6 of subsection (1)".
(3) Section 9 of the Act is amended by adding the following subsections:
Assignment of duties to Director
(7) When the Attorney General requests it, the court making an order under subsection (1) shall assign any duties in respect of the property to the Director.
On-going management of property
(8) If an order is made under subsection (1) assigning any duties in respect of the property to a person other than the Director, the person may do anything the court authorizes, either in that order or in order made under subsection (9), for the on-going management or operation of the property before its final disposition, including,
(a) complying with the terms of any order to which the property is subject, including an order to comply with environmental, industrial, labour or property standards or to pay taxes, utility charges or other charges;
(b) making improvements to the property to maintain its economic value; or
(c) pledging, hypothecating, mortgaging or otherwise using the property as security.
Same
(9) On motion, on notice to all of the parties to the proceeding, by a person described in subsection (8), the court may make an order authorizing the person to take any action that the court considers just for the on-going management or operation of the property before its final disposition.
25. (1) Section 11 of the Act is amended by adding the following subsection:
Payments out of account for Crown's costs
(2.1) If money is deposited in an account under subsection (1), the Minister of Finance shall make payments out of the account, at the request of the Director and in the amounts determined by the Director under subsection (3.4), to compensate the Crown in right of Ontario for its costs incurred,
(a) in conducting the proceeding under this Part;
(b) in determining whether the proceeding under this Part should be commenced;
(c) in preserving, managing or disposing of the property under this Part; and
(d) in enforcing or complying with orders made under this Part in respect of the property.
(2) Subsection 11 (3) of the Act is repealed and the following substituted:
Other payments out of account
(3) Subject to the regulations made under this Act and after making the payments, if any, out of the account under subsection (2.1), the Minister of Finance may make payments out of the account described in subsection (1) 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 costs incurred in respect of any proceeding under this Part that relates to the property, other than the costs described in subsection (2.1), and for pecuniary losses suffered as a result of unlawful activity that the property was used to engage in, including costs 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 costs 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.
Director's election to give priority to persons who suffered loss
(3.1) The Director may elect not to request payment out of the account under subsection (2.1) if, in his or her opinion, all or substantially all of the money in the account is needed to compensate the persons who are entitled to compensation under paragraph 1 of subsection (3).
Payment for Crown's costs after payment to persons who suffered loss
(3.2) If the Director elects not to request payment under subsection (2.1), the Minister of Finance shall, at the request of the Director and in the amounts determined by the Director under subsection (3.4), make payments to compensate the Crown in right of Ontario for its costs incurred as described in subsection (2.1) out of the account, after the payments are made to compensate the persons who are entitled to compensation under paragraph 1 of subsection (3).
Payment for Crown's costs out of other accounts
(3.3) If the amount of money in the account is insufficient to satisfy the Crown's costs pursuant to a request made by the Director under subsection (2.1) or (3.2), the Minister of Finance shall make payments to compensate the Crown in right of Ontario for its unsatisfied costs out of another account into which money is deposited under subsection (1) as a result of another proceeding, after payments have been made out of that account to compensate the persons who are entitled to compensation out of that account under paragraph 1 of subsection (3) and to compensate the Crown for its costs incurred in respect of that account.
Determination of Crown's costs
(3.4) The amount of the Crown's costs under subsection (2.1) or (3.2) shall be determined by the Director on any basis, or combination of them, that he or she considers appropriate in the circumstances, including,
(a) a flat rate for every forfeiture;
(b) a flat rate for every step taken;
(c) an hourly rate;
(d) the actual costs; or
(e) a percentage of the value of the property forfeited.
(3) Subsection 11 (4) of the Act is amended by striking out "subsection (3)" and substituting "subsection (2.1), (3) or (3.3)".
26. (1) Section 15 of the Act is amended by adding the following subsection:
Payments out of account for Crown's costs
(2.1) If money is deposited in an account under subsection (1), the Minister of Finance shall make payments out of the account, at the request of the Director and in the amounts determined by the Director under subsection (3.2), to compensate the Crown in right of Ontario for its costs incurred,
(a) in conducting the proceeding under this Part;
(b) in determining whether the proceeding under this Part should be commenced;
(c) in preserving, managing or disposing of the property under this Part; and
(d) in enforcing or complying with orders made under this Part in respect of the property.
(2) Subsection 15 (3) of the Act is repealed and the following substituted:
Other payments out of account
(3) Subject to the regulations made under this Act and after making the payments, if any, out of the account under subsection (2.1), the Minister of Finance may make payments out of the account described in subsection (1) 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 costs incurred in respect of the proceeding under this Part, other than the costs described in subsection (2.1), and for pecuniary losses suffered as a result of unlawful activity that the proceeding related to, including costs 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 costs 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.
Payment for Crown's costs in other proceedings
(3.1) After making the payments, if any, out of the account under subsection (2.1) and paragraphs 2 and 3 of subsection (3), the Minister of Finance shall make payments, at the request of the Director and in the amounts determined by the Director under subsection (3.2), to compensate the Crown in right of Ontario for its costs incurred,
(a) in conducting any other proceeding under this Part;
(b) in determining whether any other proceeding under this Part should be commenced;
(c) in preserving, managing or disposing of any other property under this Part; and
(d) in enforcing or complying with orders made under this Part in respect of any other property.
Determination of Crown's costs
(3.2) The amount of the Crown's costs under subsection (2.1) or (3.1) shall be determined by the Director on any basis, or combination of them, that he or she considers appropriate in the circumstances, including,
(a) a flat rate for every forfeiture;
(b) a flat rate for every step taken;
(c) an hourly rate;
(d) the actual costs; or
(e) a percentage of the value of the property forfeited.
27. The Act is amended by adding the following Part:
PART IV.1
MANAGEMENT OF PROPERTY
Director of Asset Management - Civil
15.1 (1) The Attorney General shall appoint a person to be the Director of Asset Management - Civil who shall be responsible for taking possession of and preserving, managing or disposing of or otherwise dealing with all property,
(a) forfeited to the Crown in right of Ontario under this Act or under the Prohibiting Profiting from Recounting Crimes Act, 2002; or
(b) that is the subject of an interlocutory order under subsection 4 (1), 9 (1) or 14 (1) of this Act or under subsection 5 (1) or 6 (2) of the Prohibiting Profiting from Recounting Crimes Act, 2002 under which the Director is assigned duties by the court.
Same
(2) The Director shall perform any additional duties assigned to him or her by the Attorney General.
Acting Director
15.2 (1) The powers and duties of the Director of Asset Management - Civil may be exercised and performed by an employee of the Ministry appointed as Acting Director if,
(a) the Director is absent or unable to act; or
(b) the individual who was appointed Director has ceased to be the Director and no new Director has been appointed.
Same
(2) An Acting Director shall be appointed by the Director or, if the Director is absent or unable to act, the Deputy Attorney General.
Director's powers
15.3 (1) Subject to any limits contained in an order under subsection 4 (1), 9 (1) or 14 (1) of this Act or under subsection 5 (1) or 6 (2) of the Prohibiting Profiting from Recounting Crimes Act, 2002, the Director of Asset Management - Civil may preserve, manage, sell or otherwise dispose of or deal with any property described in subsection 15.1 (1) that is not money in any manner that he or she considers proper.
Same
(2) Without limiting the generality of subsection (1), the Director may,
(a) take possession of and preserve or manage the property for the length of time and on the terms that he or she considers proper;
(b) convert the property to money at a price and on the terms that he or she considers proper;
(c) sell, assign, dispose of, use, give or transfer the property, or any interest in the property, at the price and on the terms that he or she considers proper;
(d) do anything he or she considers advisable for the on-going management or operation of property described in subsection (1) before its final disposition, including,
(i) complying with the terms of any order to which the property is subject, including an order to comply with environmental, industrial, labour or property standards or to pay taxes, utility charges or other charges, or
(ii) making improvements to the property to maintain its economic value; or
(e) sell or otherwise dispose of perishable or rapidly depreciating property.
Management of property forfeited to the Crown
15.4 (1) Property that is forfeited to the Crown in right of Ontario under an order made under this Act shall be dealt with and disposed of by the Director of Asset Management - Civil as provided under this Part.
Escheats Act does not apply
(2) The Escheats Act does not apply to property that is forfeited to the Crown in right of Ontario under an order made under this Act.
Fines and Forfeitures Act does not apply
(3) The Fines and Forfeitures Act does not apply to property that is forfeited to the Crown in right of Ontario under an order made under this Act.
Mining lands
(4) Despite subsection 15.1 (1) and subsection (1) of this section, where mining lands as defined in the Mining Act have become forfeited to the Crown in right of Ontario under an order made under this Act, such mining lands shall be dealt with and disposed of as Crown lands in the manner provided in the Mining Act.
28. (1) Paragraph 3 of subsection 19 (1) of the Act is repealed and the following substituted:
3. To identify and locate persons who suffered pecuniary or non-pecuniary losses, including losses recoverable under Part V of the Family Law Act, in order to compensate such persons under paragraph 1 of subsection 6 (3) or paragraph 1 of subsection 11 (3).
4. To assist the Director of Asset Management - Civil in performing his or her duties and exercising his or her powers under Part IV.1 in respect of any property that is or may be the subject of a proceeding under this Act.
5. To enforce or comply with an order made under this Act.
(2) Section 19 of the Act is amended by adding the following subsections:
Additional information disclosed directly to Attorney General
(5.1) 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 discloses information to the Attorney General under subsection (5) shall, if requested by the Attorney General, disclose additional information directly to the Attorney General without disclosing it first to the reviewing authority if the person believes that,
(a) the additional information is required for a purpose described in subsection (1);
(b) the additional information is required in respect of the same proceeding as the information provided under subsection (5);
(c) the additional information is in the custody or under the control of the same institution as the information provided under subsection (5);
(d) the fact that the person has such additional information is disclosed by the information provided under subsection (5);
(e) the reviewing authority did not already make a determination under subsection (5) that the criteria prescribed by the regulations were not met in respect of the additional information; and
(f) the information is not protected by evidentiary rules respecting informer privilege.
Subsequent disclosure to reviewing authority
(5.2) A person who discloses additional information to the Attorney General under subsection (5.1) shall, within 14 days after that disclosure, disclose the same information to the reviewing authority.
(3) Subsection 19 (7) of the Act is repealed and the following substituted:
Evidence in proceeding
(7) Despite any confidentiality provision of any Act, a person who disclosed information to the reviewing authority under subsection (4) or to the Attorney General under subsection (5) or (5.1) may be required to give evidence related to that information in a proceeding under this Act.
(4) Subsection 19 (8) of the Act is repealed and the following substituted:
Personal health information
(8) A health information custodian shall not disclose personal health information to the reviewing authority under subsection (4) or (5.2) or to the Attorney General under subsection (5) or (5.1).
Same
(8.1) A person, including a health information custodian but excluding a person described in subsection (4), shall not disclose personal health information to the Attorney General unless required to do so by,
(a) an order made under subsection (9); or
(b) in a proceeding, the rules of court or a summons, order or similar requirement issued in the proceeding.
(5) Section 19 of the Act is amended by adding the following subsection:
Other obligations to disclose
(9.1) Nothing in this section alters a person's obligation to disclose information to the Attorney General or the Director of Asset Management - Civil pursuant to the rules of court, a summons, a court order or a similar requirement issued in a proceeding.
(6) On the later of the day this subsection comes into force and November 1, 2004, the definitions of "health care", "health number" and "personal health information" in subsection 19 (10) of the Act are repealed and the following substituted:
"health care", "health information custodian", "health number" and "personal health information" have the same meanings as in the Personal Health Information Protection Act, 2004; ("soins de santé", "dépositaire de renseignements sur la santé", "numéro de la carte Santé", "renseignements personnels sur la santé")
29. Section 20 of the Act is amended by adding the following subsections:
Director of Asset Management - Civil
(3) No action or other proceeding shall be instituted against the Attorney General, the Director of Asset Management - Civil, any employee of the Ministry of the Attorney General or any person acting on behalf of the Director for any act done in good faith in the performance or intended performance of any duty under Part IV.1 or in the exercise or in the intended exercise of any power under that Part, or for any neglect or default in the performance or exercise in good faith of any such duty or power.
Same
(4) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (3) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (3) to which it would otherwise be subject.
30. Section 21 of the Act is amended by adding the following subsection:
Same
(1.1) A regulation made under clause (1) (d) shall not prescribe health information custodians, as defined in subsection 19 (10), as a class of persons for the purpose of subsection 19 (4).
Commencement and Short Title
Commencement
31. (1) Subject to subsection (2), this Act comes into force on the day it receives Royal Assent.
Same
(2) Sections 2, 3, 4, 5, 11 and 12 come into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
32. The short title of this Act is the Law Enforcement and Forfeited Property Management Statute Law Amendment Act, 2005.
EXPLANATORY NOTE
This Explanatory Note was written as a reader's aid to Bill 128 and does not form part of the law. Bill 128 has been enacted as Chapter 33 of the Statutes of Ontario, 2005.
The Bill amends seven different Acts in relation to law enforcement matters. It increases enforcement powers in respect of electrical, fire safety and municipal matters and confirms the municipal power to enter into agreements for co-ordinated law enforcement. It increases the penalties for building, electrical and fire safety offences. It expands the Crown's powers to deal with property that is forfeited to it, as a result of unlawful activities, by court order. It also expands the powers of the Crown, or another person assigned by the court, to deal with property that may be forfeited pending a final determination by the court.
A more detailed description of the amendments to each Act is set out below.
Building Code Act, 1992
The maximum penalties for offences under the Act are doubled.
Crown Attorneys Act
The amendments provide for the appointment of a Director of Asset Management - Criminal. The Director will be responsible for holding, managing or disposing of property restrained by or forfeited to the Crown in right of Ontario under the Criminal Code (Canada). The management of this property will now be governed by the Crown Attorneys Act rather than the Escheats Act.
The Director is given broad powers to enable him or her to manage and dispose of the property.
Money forfeited to the Crown, proceeds from the sale or disposition of property forfeited to the Crown and money paid to the Attorney General or the government as a fine in lieu of forfeiture of property that is proceeds of crime under criminal law are to be credited to existing special purpose accounts, known as the Ministry of the Attorney General Forfeited Proceeds of Crime Account and the Ministry of Community Safety and Correctional Services Forfeited Proceeds of Crime Account. The money standing to the credit of the accounts may be used to comply with a court order respecting property forfeited to the Crown and for crime prevention, law enforcement and the administration of criminal justice.
Electricity Act, 1998
The Act is amended to allow distributors to shut off electricity to a property without prior notice if they have reason to believe that there is a condition in respect of the property that threatens or is likely to threaten the safety of any person or the reliability of the distribution system. An owner or occupier of the property may ask the Ontario Energy Board to review the shut-off and the Board may order the distributor to restore electricity to the property if it finds that the distributor acted unreasonably in shutting off or failing to restore the electricity.
The maximum penalties for individuals for offences under the Act are increased to $50,000, and $5,000 for each day the offence continues. Individuals are also made liable to a maximum jail term of one year. A maximum fine of $1,000,000 is added for corporations.
Fire Protection and Prevention Act, 1997
The maximum penalties for offences under the Act are doubled.
Municipal Act, 2001
New sections 431.1 and 431.2 are added to the Act. Section 431.1 requires a local municipality to ensure that a building is inspected if it is notified by a police force that the building contained a marijuana grow operation. The required inspection is one that includes entering the building and is to be conducted in accordance with the powers that the person conducting the inspection otherwise has under law, but only to the extent that the person is able to conduct the inspection. After the inspection, the person who conducted it must take whatever actions he or she is authorized by law to take in order to make the building safe and otherwise protect the public. Under section 431.2, if the local municipality is a lower-tier municipality, the responsibility to ensure that an inspection is conducted may be shared by the lower-tier municipality and the upper-tier municipality of which it is part.
The Act is amended to confirm municipalities' powers to co-ordinate their law enforcement activities with persons and bodies with mutual interests.
Prohibiting Profiting from Recounting Crimes Act, 2002 and Remedies for Organized Crime and Other Unlawful Activities Act, 2001
Currently, under both these Acts, property may be forfeited to the Crown in right of Ontario by court order. The court may make interlocutory orders to preserve any property that is the subject of an ongoing proceeding under either Act.
The Acts are amended to expand the powers to deal both with property that is the subject of an interlocutory order and property after it is forfeited to the Crown.
With respect to property that is the subject of an interlocutory order, the Acts are amended so that an interlocutory order may authorize not only preserving, but also managing or disposing of the property. In addition, an interlocutory order may provide that proceeds of disposition of the property disposed of pursuant to the order may be paid to the Crown to reimburse it for the costs incurred in managing or disposing of the property.
With respect to property after it is forfeited or paid as damages to the Crown under the Acts, the Acts are amended to provide that the property is to be managed by the Director of Asset Management - Civil, and not as provided by the Escheats Act. The Director is to be appointed by the Attorney General and is given broad powers to deal with property. The Crown is entitled to deduct the costs incurred in conducting a proceeding and in dealing with property from the special purpose accounts established under these Acts. Payment of the Crown's costs is given priority over other payments from the special purpose accounts, except where there would be insufficient funds to satisfy victims' claims after paying the Crown's costs and the Director elects to give up that priority.
The Attorney General is permitted to collect personal information under these Acts for limited purposes. Additional purposes are added to those already set out.
Further amendments are made to the provisions respecting personal information in the Remedies for Organized Crime and Other Unlawful Activities Act, 2001. In that Act, certain personal information may only be provided to the Attorney General if its disclosure is first approved by a reviewing authority designated under the Act. This is amended so that the person who provides personal information to the Attorney General may provide additional personal information directly to the Attorney General, without prior approval of the reviewing authority, if the information meets the other criteria for disclosure in the Act and if its existence is itself disclosed by the information approved by the reviewing authority. The provisions respecting personal health information are amended to conform to the Personal Health Information Protection Act, 2004.