37:1 Bill 155, Remedies for Organized Crime and Other Unlawful Activities Act, 2000

Flaherty, Hon Jim Attorney General

Viewing: Original (current version) pdf

Bill 155

Bill 1552000

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); ("propritaire lgitime") "

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'activit illgale") "

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. ("activit illgale")

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.

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'activit illgale") "

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; ("propritaire 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. ("activit illgale")

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 an instrument of unlawful activity 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.

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; ("prjudice caus 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. ("activit illgale")

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 (5) 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 Attorney General

(4) A person who has knowledge of personal information or other information to which the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act applies and who acquired that knowledge in the circumstances prescribed by the regulations made under this Act shall, despite those Acts and despite any confidentiality provision of any other Act, disclose the information to the Attorney General if the person believes that the disclosure would assist in,

(a)determining whether a proceeding should be commenced under this Act;

(b)conducting a proceeding under this Act; or

(c)enforcing an order made under this Act.

Exception

(5) Subsection (4) does not require a person to disclose information if the person believes that the disclosure would unduly interfere with the administration or enforcement of any Act of Canada or Ontario.

Evidence in proceeding

(6) Despite any confidentiality provision of any Act, a person who disclosed information under subsection (4) may be required to give evidence related to that information in a proceeding under this Act.

Definition

(7) In this section, "

personal information" means personal information within the meaning of Part III of the Freedom of Information and Protection of Privacy Act.

Protection from liability

20. No action or other proceeding may be commenced against the Attorney General, the Crown in right of Ontario or any person acting on behalf of, assisting or providing information to the Attorney General or the Crown in right of Ontario in respect of the commencement or conduct in good faith of a proceeding under this Act or in respect of the enforcement in good faith of an order made under this Act.

Regulations

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 circumstances for the purpose of subsection 19 (4);

(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, 2000

14.1 A head may refuse to disclose a record and may refuse to confirm or deny the existence of a record if disclosure of the record could reasonably be expected to interfere with the ability of the Attorney General to determine whether a proceeding should be commenced under the Remedies for Organized Crime and Other Unlawful Activities Act, 2000, conduct a proceeding under that Act or enforce an order made under that Act.

(2) Subsection 29 (2) of the Act is amended by striking out "subsection 14 (3) (law enforcement) or subsection 21 (5) (unjustified invasion of personal privacy)" in the portion before clause (a) and substituting "subsection 14 (3) (law enforcement), section 14.1 (Remedies for Organized Crime and Other Unlawful Activities Act, 2000) or subsection 21 (5) (unjustified invasion of personal privacy)".

(3) Subsection 39 (3) of the Act is amended by striking out "subsection 14 (1) or (2) (law enforcement)" and substituting "subsection 14 (1) or (2) (law enforcement) or section 14.1 (Remedies for Organized Crime and Other Unlawful Activities Act, 2000)".

(4) Clause 49 (a) of the Act is amended by striking out "section 12, 13, 14, 15, 16, 17, 18, 19, 20 or 22" and substituting "section 12, 13, 14, 14.1, 15, 16, 17, 18, 19, 20 or 22".

Municipal Freedom of Information

and Protection of Privacy Act

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, 2000

8.1 A head may refuse to disclose a record and may refuse to confirm or deny the existence of a record if disclosure of the record could reasonably be expected to interfere with the ability of the Attorney General to determine whether a proceeding should be commenced under the Remedies for Organized Crime and Other Unlawful Activities Act, 2000, conduct a proceeding under that Act or enforce an order made under that Act.

(2) Subsection 22 (2) of the Act is amended by striking out "subsection 8 (3) (law enforcement) or subsection 14 (5) (unjustified invasion of personal privacy)" in the portion before clause (a) and substituting "subsection 8 (3) (law enforcement), section 8.1 (Remedies for Organized Crime and Other Unlawful Activities Act, 2000) or subsection 14 (5) (unjustified invasion of personal privacy)".

(3) Clause 29 (3) (a) of the Act is amended by striking out "subsection 8 (1) or (2) (law enforcement)" and substituting "subsection 8 (1) or (2) (law enforcement) or section 8.1 (Remedies for Organized Crime and Other Unlawful Activities Act, 2000)".

(4) Clause 38 (a) of the Act is amended by striking out "section 6, 7, 8, 9, 10, 11, 12, 13 or 15" and substituting "section 6, 7, 8, 8.1, 9, 10, 11, 12, 13 or 15".

Commencement

24. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

25. The short title of this Act is the Remedies for Organized Crime and Other Unlawful Activities Act, 2000.

EXPLANATORY NOTE

Part I of the Bill provides that the purpose of the Bill is to provide civil remedies that will assist in four things: (1) compensating persons who suffer pecuniary or non-pecuniary losses as a result of unlawful activities; (2) preventing persons who engage in unlawful activities and others from keeping property that was acquired as a result of unlawful activities; (3) preventing property from being used to engage in certain unlawful activities; (4) preventing injury to the public that may result from conspiracies to engage in unlawful activities.

Part II of the Bill provides for the Superior Court of Justice, in a proceeding commenced by the Attorney General, to make an order forfeiting property to the Crown in right of Ontario if the court finds that the property is proceeds of unlawful activity. Provision is made to protect the interests of legitimate owners. Part II also authorizes interlocutory orders for the preservation of property that is the subject of a proceeding and provides a mechanism to permit property that is subject to an interlocutory order to be used to cover reasonable legal expenses. If property forfeited to the Crown under Part II is money or is converted to money, it must be paid into a special purpose account. Payments may be made out of the account to compensate persons who suffered pecuniary or non-pecuniary losses as a result of the unlawful activity and for other specified purposes.

Part III of the Bill provides for the Superior Court of Justice, in a proceeding commenced by the Attorney General, to make an order forfeiting property to the Crown in right of Ontario if the court finds that the property is an instrument of unlawful activity. Provision is made to protect the interests of responsible owners. Part III also contains provisions that are similar to the provisions in Part II that deal with interlocutory orders, the payment of reasonable legal expenses and the payment of money from forfeited property into a special purpose account.

Part IV of the Bill provides for the Superior Court of Justice, in a proceeding commenced by the Attorney General, to make any order that the court considers just if it finds that two or more persons conspired to engage in unlawful activity, 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 injury to the public has resulted from or would be likely to result from the unlawful activity. For example, an order could require a party to the conspiracy to pay damages to the Crown in right of Ontario for any injury to the public resulting from the unlawful activity and, for the purpose of preventing or reducing the risk of injury to the public, an order could require any person to do or refrain from doing anything specified in the order. Part IV also authorizes interlocutory orders for the purpose of preventing or reducing the risk of injury to the public. If the Crown receives money pursuant to an order for the payment of damages, the money must be paid into a special purpose account and payments may be made out of the account for specified purposes.

Part V of the Bill deals with several matters, including proof of facts in proceedings under the Bill, the collection and disclosure for the purpose of proceedings under the Bill of information that is subject to freedom of information and protection of privacy legislation, protection from liability and the making of regulations.

Part VI of the Bill amends the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act to permit the head of an institution to refuse to disclose a record or to refuse to confirm or deny the existence of a record if disclosure could reasonably be expected to interfere with the ability of the Attorney General to determine whether a proceeding should be commenced under the Bill, conduct a proceeding under the Bill or enforce an order made under the Bill. Part VI also provides for the coming into force and short title of the Bill.

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