Escheats Act, 2015, S.O. 2015, c. 38, Sched. 4

JurisdictionOntario

Escheats Act, 2015

S.o. 2015, chapter 38
Schedule 4

Consolidation Period: From March 1, 2022 to the e-Laws currency date.

Last amendment: 2020, c. 36, Sched. 7, s. 309.

CONTENTS

Interpretation and application

Definitions

1 (1) In this Act,

“charitable corporation” means a corporation that is incorporated for charitable purposes; (“organisation caritative”)

“charitable property” means,

(a) any property held by a charitable corporation, and

(b) any property held for charitable purposes by a corporation that is not a charitable corporation; (version anglaise seulement)

“charitable purposes” means,

(a) the relief of poverty,

(b) education,

(c) the advancement of religion, and

(d) any other purpose that is beneficial to the community; (“fins de bienfaisance”)

“Minister” means the Attorney General or any other member of the Executive Council to whom responsibility for the administration of this Act is assigned or transferred under the Executive Council Act; (“ministre”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“prior owner”, when used in reference to property, means the person who owned or was otherwise seised of or entitled to the property immediately before the property became property of which the Public Guardian and Trustee may take possession under section 2; (“ancien propriétaire”)

“regulations” means the regulations made under this Act. (“règlements”)

Prior owner

(2) For greater certainty, the prior owner of property is,

(a) in the circumstances described in paragraph 1 of subsection 2 (1), the deceased individual; and

(b) in the circumstances described in paragraph 2 of subsection 2 (1), the dissolved corporation.

Property

(3) In this Act, a reference to property includes,

(a) any right to or interest in the property; and

(b) proceeds of disposition of the property.

Property of which possession may be taken

(4) A reference in this Act to property of which the Public Guardian and Trustee may take possession under section 2 or under a paragraph of subsection 2 (1) includes property meeting the description set out in section 2 or the applicable paragraph of subsection 2 (1), as the case may be, that met the description before the day this Act comes into force.

Property of which possession has been taken

(5) A reference in this Act to property of which the Public Guardian and Trustee has taken possession under section 2 or under a paragraph of subsection 2 (1) includes property meeting the description set out in section 2 or the applicable paragraph of subsection 2 (1), as the case may be, of which the Public Guardian and Trustee took possession before the day this Act comes into force, whether or not the property was paid into the Consolidated Revenue Fund before the day this Act comes into force.

Possession, proceedings re property

2 (1) Subject to subsection (2), the Public Guardian and Trustee may, without an inquisition first being made, take possession in the name of the Crown of any property if, in the opinion of the Public Guardian and Trustee, one of the following circumstances applies:

1. The property has become the property of the Crown because an individual died,

i. either intestate or partially intestate, if there are no lawful heirs, or

ii. testate, if some or all of the heirs, bequests or devises in the will have failed and there are no lawful heirs.

2. The property has become the property of the Crown as a result of the dissolution of a corporation.

3. Neither of the circumstances described in paragraph 1 or 2 applies and the property has become the property of the Crown by escheat or as bona vacantia.

4. The circumstances described in paragraph 2 do not apply and the property has become the property of the Crown because it forfeited to the Crown for any cause. 2015, c. 38, Sched. 4, s. 2 (1).

Exceptions

(2) Subsection (1) does not apply in respect of the following property:

1. Forfeited property, if another Act specifically excludes the operation of this Act with respect to the property.

2. Forfeited corporate property within the meaning of the Forfeited Corporate Property Act, 2015.

3. Transferred unclaimed amounts held by the Financial Services Regulatory Authority under the Credit Unions and Caisses Populaires Act, 2020.

4. Mining lands as defined in the Mining Act.

5. Mining rights, as defined in the Mining Act, that are severed or held separate and apart from surface rights as defined in the Mining Act.

6. Property subject to subsection 53 (1) of the Mining Act. 2015, c. 38, Sched. 4, s. 2 (2); 2020, c. 36, Sched. 7, s. 309.

Proceedings for recovery, declaration

(3) If possession of property described in subsection (1) is withheld, the Public Guardian and Trustee may, without an inquisition first being made, cause a proceeding to be brought for the recovery of the property or for a declaration as to ownership of or any interest in the property. 2015, c. 38, Sched. 4, s. 2 (3).

Practice

(4) Proceedings under subsection (3) shall be in all respects similar to those in other proceedings for the recovery of property or for a declaration as to ownership of or an interest in property. 2015, c. 38, Sched. 4, s. 2 (4).

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

2020, c. 36, Sched. 7, s. 309 - 01/03/2022

Grant, waiver or release

Application

3 (1) This section applies to property of which the Public Guardian and Trustee may take possession under paragraph 2, 3 or 4 of subsection 2 (1), whether or not he or she has actually done so.

Power to grant etc.

(2) Unless property to which this section applies has been paid into the Consolidated Revenue Fund, the Public Guardian and Trustee may, as he or she considers to be proper,

(a) grant all or part of the property to any person for the purpose of transferring or restoring it to a person having a legal or moral claim upon the person to whom it belonged, or of carrying into effect any disposition of it that such person may have contemplated; or

(b) waive or release any right to which the Crown has become entitled so as to vest the property, either absolutely or otherwise, in the person who would have been entitled to it but for the property becoming property to which this section applies.

Same

(3) The grant, waiver or release may be either for valuable consideration or otherwise and may be upon such terms and conditions as the Public Guardian and Trustee considers to be proper.

Consent of Minister of Finance

(4) No grant, waiver or release shall be made under this section unless the petitioner has obtained the consent of the Minister of Finance.

Limitation period, forfeited property

(5) Subject to subsection (6), no petition for a grant, waiver or release under this section shall be made after the 10th anniversary of,

(a) the day this Act comes into force, if the property becomes property to which this section applies before the day this Act comes into force; or

(b) the day on which the property becomes property to which this section applies, in any other case.

Extension

(6) Unless the property has been paid into the Consolidated Revenue Fund, the Public Guardian and Trustee may extend the applicable period set out in subsection (5) if the petitioner satisfies the Public Guardian and Trustee that there were compelling reasons not to make the petition earlier.

Right to follow property

(7) A grant, waiver or release of property under this section does not prejudice the right of a creditor or claimant to follow the property into the hands of the person who has received it.

Rights of grantee

(8) A grant under this section may be made without actual entry or taking possession of the property or inquisition being first made, and, if possession of the property is withheld, the person to whom the grant is made may institute proceedings for the recovery of the property in a court of competent jurisdiction.

Return of property

Application

4 (1) This section applies to property of which the Public Guardian and Trustee has taken possession under paragraph 2 of subsection 2 (1).

Return

(2) Unless property to which this section applies has been paid into the Consolidated Revenue Fund, the Public Guardian and Trustee may, upon the application of a prior owner that has been revived, transfer the property to the prior owner under this section.

Exception

(3) Subsection (2) does not apply if the statute that provides for the prior owner’s revival provides for the property to remain forfeited to and vested in the Crown.

Same

(4) Subsections 3 (3), (4), (5), (6) and (7) apply, with necessary modifications, in respect of a return of property under this section.

Moral claim, property of deceased individual

Application

5 (1) This section applies to property of which the Public Guardian and Trustee may take possession under paragraph 1 of subsection 2 (1), whether or not he or she has actually done so.

Same

(2) For greater certainty, property to which this section applies includes property that the Public Guardian and Trustee has administered under the Crown Administration of Estates Act.

Grant

(3) The Lieutenant Governor in Council may by order, as it considers to be proper and subject to any terms and conditions that it considers to be proper, grant all or part of property to which this section applies to any person for the purpose of transferring or restoring it to a person having a moral claim upon the person to whom it belonged or of carrying into effect any disposition of it that such person may have contemplated.

Recovery from Consolidated Revenue Fund

(4) If the Lieutenant Governor in Council makes a grant under this section and the property to be granted is money that has previously been paid into the Consolidated Revenue Fund, the money may be paid out of the Consolidated Revenue Fund to the Public Guardian and Trustee to be dealt with in accordance with the order.

Right to follow property

(5) A grant under...

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