Civil Remedies Act, 2001, S.O. 2001, c. 28

• Jurisdiction: Ontario

Civil Remedies Act, 2001

S.O. 2001, Chapter 28

Consolidation Period: From April 14, 2022 to the e-Laws currency date.

Last amendment: 2022, c. 10, s. 18.

CONTENTS

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, including vehicles as defined in Part III.1, 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. 2001, c. 28, s. 1; 2007, c. 13, s. 26.

Section Amendments with date in force (d/m/y)

2007, c. 13, s. 26 - 20/02/2008

Part I.1
Administrative Forfeiture

Definitions

1.1 In this Part,

“deadline date” means, in respect of an administrative forfeiture proceeding under this Part, the day that is 120 days after the later of,

(a) the day on which every person who is entitled to receive written notice of the proceeding under clause 1.3 (1) (b) has either,

(i) received the notice or been deemed to have received the notice, or

(ii) been the subject of a final attempt to serve the person under clause 1.3 (4) (b), and

(b) the day the notice required by subsection 1.3 (7) is published on a website of the Government of Ontario; (“date limite”)

“Director” means the Director of Asset Management – Civil appointed under section 15.1; (“directeur”)

“instrument of unlawful activity” has the same meaning as in section 7; (“instrument d’activité illégale”)

“notice of dispute” means a notice of dispute described in section 1.5; (“avis de contestation”)

“proceeds of unlawful activity” has the same meaning as in section 2; (“produit d’activité illégale”)

“property” means real or personal property, and includes any interest in property; (“bien”)

“public body” means,

(a) an entity with which the Director has an agreement under subsection 19 (1.1),

(b) an institution belonging to a class of institutions prescribed by the regulations made under this Act for the purposes of paragraph 1 of subsection 19 (4), or

(c) a chief of police as defined in subsection 2 (1) of the Police Services Act; (“organisme public”)

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (c) of the definition of “public body” in section 1.1 of the Act is repealed and the following substituted: (See: 2020, c. 11, Sched. 3, s. 1 (2))

(c) a chief of police as defined in subsection 2 (1) of the Community Safety and Policing Act, 2019; (“organisme public”)

“unlawful activity” means an act or omission that,

(a) is an offence under an Act of Canada, Ontario or another province or territory of Canada, or

(b) is an offence under an Act of a jurisdiction outside Canada, if a similar act or omission would be an offence under an Act of Canada or Ontario if it were committed in Ontario,

whether the act or omission occurred before or after this Part came into force. (“activité illégale”) 2020, c. 11, Sched. 3, s. 1 (1).

Section Amendments with date in force (d/m/y)

2020, c. 11, Sched. 3, s. 1 (1) - 01/03/2021; 2020, c. 11, Sched. 3, s. 1 (2) - not in force

Property eligible for administrative forfeiture

1.2 (1) Property may be the subject of an administrative forfeiture proceeding under this Part if,

(a) it is personal property that is located in Ontario;

(b) it is held by or on behalf of a public body;

(c) no person has a prior registered interest in the property; and

(d) the property is not the subject of a proceeding under Part II, III, III.1 or IV. 2020, c. 11, Sched. 3, s. 1 (1).

Grounds to seek administrative forfeiture

(2) The Attorney General may commence an administrative forfeiture proceeding against property if he or she has reason to believe that the property is proceeds of unlawful activity or an instrument of unlawful activity. 2020, c. 11, Sched. 3, s. 1 (1).

Section Amendments with date in force (d/m/y)

2020, c. 11, Sched. 3, s. 1 (1) - 01/03/2021

Commencing administrative forfeiture proceeding

1.3 (1) In order to commence an administrative forfeiture proceeding, the Attorney General must,

(a) file notice of the administrative forfeiture proceeding against the property in the registration system established under the Personal Property Security Act; and

(b) give written notice of the administrative forfeiture proceeding to,

(i) the person from whom the property was seized,

(ii) the public body that is holding the property or on whose behalf the property is being held, and

(iii) any other person whom the Attorney General has reason to believe may have an interest in the property. 2020, c. 11, Sched. 3, s. 1 (1).

Manner of giving notice

(2) Subject to subsections (3) to (6), the Attorney General must make reasonable efforts to personally serve the notice required by subclauses (1) (b) (i) and (iii) on the person. 2020, c. 11, Sched. 3, s. 1 (1).

If person not available

(3) If the person is not available to be served a notice required by subclause (1) (b) (i) or (iii), the Attorney General shall make two additional attempts to serve the person over the course of the next 14 days. 2020, c. 11, Sched. 3, s. 1 (1).

Final service

(4) If the two additional attempts to serve the person are not successful,

(a) the notice shall be left at the person’s last known address; or

(b) if there is no last known address associated with the person, the Attorney General shall make one more final attempt to serve the person. 2020, c. 11, Sched. 3, s. 1 (1).

Deemed receipt of notice

(5) A notice that has been left at a person’s last known address in accordance with clause (4) (a) is deemed to have been served personally on the person on the day it was left at that address. 2020, c. 11, Sched. 3, s. 1 (1).

Exception

(6) The Attorney General is not required to give notice to a person referred to in subclause (1) (b) (i) or (iii) if the Attorney General does not have any information respecting the person’s location. 2020, c. 11, Sched. 3, s. 1 (1).

Notice to the public

(7) The Attorney General shall give public notice of the administrative forfeiture proceeding against the property by publishing notice of the proceeding on a website of the Government of Ontario. 2020, c. 11, Sched. 3, s. 1 (1).

Contents of notice

(8) A notice required by clause (1) (b) or subsection (7) must include,

(a) a file number assigned to the forfeiture by the Attorney General;

(b) a description of the property that is subject to forfeiture;

(c) the name of the public body or police force that seized the property;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 1.3 (8) (c) of the Act is amended by striking out “police force” and substituting “police service”. (See: 2020, c. 11, Sched. 3, s. 1 (3))

(d) the date the property was seized and the place of seizure;

(e) a statement that the property is either a proceed of unlawful activity or an instrument of unlawful activity;

(f) a statement that the property may be forfeited to the Crown in right of Ontario;

(g) a procedure for submitting a notice of dispute to the Attorney General, and a statement that a person who wishes to oppose forfeiture of the property may submit a notice of dispute to the Attorney General in accordance with that procedure; and

(h) a statement that a notice of dispute must be submitted to the Attorney General within 120 days after receipt of the notice of proceeding. 2020, c. 11, Sched. 3, s. 1 (1).

Section Amendments with date in force (d/m/y)

2020, c. 11, Sched. 3, s. 1 (1) - 01/03/2021; 2020, c. 11, Sched. 3, s. 1 (3) - not in force

Public body to maintain possession of property

1.4 (1) Subject to subsection (2) and to any orders made under this Act, a public body that receives a notice of administrative forfeiture from the Attorney General shall maintain the property that is subject to forfeiture and ensure that it is not released to any person, despite any other claim, interest or right of possession in the property, until,

(a) the Attorney General notifies the public body that the Attorney General is withdrawing from seeking forfeiture of the property under this Act;

(b) the Attorney General notifies the public body in accordance with subsection 1.8 (2) that the property has been forfeited; or

(c) the public body receives notice of an order made pursuant to Part II, III, III.1 or IV that forfeits the property to the Crown in right of Ontario or otherwise deals with possession of the property. 2020, c. 11, Sched. 3, s. 1 (1).

Exception, perishable or rapidly depreciating property

(2) Despite subsection (1), a public body may take any action in relation to perishable or rapidly depreciating property that is subject to forfeiture if it has received prior authorization from the Attorney General. 2020, c. 11, Sched. 3, s. 1 (1).

Section Amendments with date in force (d/m/y)

2020, c. 11, Sched. 3, s. 1 (1) - 01/03/2021

Disputing administrative forfeiture

1.5 (1) A person who claims to have an interest in property may oppose the forfeiture of that property by submitting a notice of dispute to the Attorney General in accordance with this section. 2020, c. 11, Sched. 3, s. 1 (1).

Notice of dispute requirements

(2) The notice of dispute must include,

(a) either,

(i) the file number specified in the notice issued under section 1.3, or

(ii) a description that identifies the property;

(b) the name of the person claiming an interest in the property;

(c) the particulars of the person’s interest in the property;

(d) the basis upon which the person disputes forfeiture of the property; and

(e) the address for service of the person opposing forfeiture of the property. 2020, c. 11, Sched. 3, s. 1 (1).

Deadli...