Proceedings Against the Crown Act, R.S.O. 1990, c. P.27

• Jurisdiction: Ontario

Proceedings Against the Crown Act

R.S.O. 1990, Chapter P.27

Historical version for the period May 29, 2019 to June 30, 2019.

Note: This Act is repealed on a day to be named by proclamation of the Lieutenant Governor. (See: 2019, c. 7, Sched. 17, s. 33)

Last amendment: 2019, c. 7, Sched. 17, s. 33.

Definitions

1 In this Act,

“agent”, when used in relation to the Crown, includes an independent contractor employed by the Crown; (“mandataire”)

“Crown” means Her Majesty the Queen in right of Ontario; (“Couronne”)

“order” includes a judgment, decree, rule, award and declaration; (“ordonnance”)

“proceeding against the Crown” includes a claim by way of set-off or counterclaim raised in a proceeding by the Crown and includes an interpleader proceeding to which the Crown is a party; (“instance contre la Couronne”)

“servant”, when used in relation to the Crown, includes a minister of the Crown. (“préposé”) R.S.O. 1990, c. P.27, s. 1.

Acts not affected

2 (1) This Act does not affect and is subject to the Expropriations Act, the Public Transportation and Highway Improvement Act, the Land Titles Act and the Registry Act, as to claims against The Land Titles Assurance Fund, the Motor Vehicle Accident Claims Act, Parts V.1 (Debt Retirement Charge) and VI (Special Payments) of the Electricity Act, 1998, the Workplace Safety and Insurance Act, 1997 and every statute that imposes a tax payable to the Crown or the Minister of Finance. R.S.O. 1990, c. P.27, s. 2 (1); 1997, c. 16, s. 14; 2004, c. 16, Sched. D, Table; 2008, c. 19, Sched. V, s. 10; 2009, c. 33, Sched. 17, s. 9; 2009, c. 34, Sched. P, s. 1.

Limits of scope of Act

(2) Nothing in this Act,

(a) subjects the Crown to greater liability in respect of the acts or omissions of a servant or agent of the Crown than that to which the Crown would be subject in respect of such acts or omissions if it were a person of full age and capacity; or

(b) subjects the Crown to a proceeding under this Act in respect of a cause of action that is enforceable against a corporation or other agency of the Crown; or

(c) subjects the Crown to a proceeding under this Act in respect of any act or omission of a servant of the Crown unless that servant has been appointed by or is employed by the Crown; or

(d) subjects the Crown to a proceeding under this Act in respect of anything done in the due enforcement of the criminal law or of the penal provisions of any Act of the Legislature;

(e) Repealed: 2017, c. 20, Sched. 3, s. 3.

R.S.O. 1990, c. P.27, s. 2 (2); 2017, c. 20, Sched. 3, s. 3.

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

1997, c. 16, s. 14 - 01/01/1998

2004, c. 16, Sched. D, Table - 01/01/2004

2008, c. 19, Sched. V, s. 10 - 01/01/2009

2009, c. 33, Sched. 17, s. 9 - 15/12/2009; 2009, c. 34, Sched. P, s. 1 - 15/12/2009

2017, c. 20, Sched. 3, s. 3 - 14/11/2017

Right to sue Crown without fiat

3 A claim against the Crown that, if this Act had not been passed, might be enforced by petition of right, subject to the grant of a fiat by the Lieutenant Governor, may be enforced as of right by a proceeding against the Crown in accordance with this Act without the grant of a fiat by the Lieutenant Governor. R.S.O. 1990, c. P.27, s. 3.

Right to sue Crown corporation without consent

4 A claim against a corporation of the Crown that, if this Act had not been passed, might be enforced, subject to the consent of a servant of the Crown, may be enforced as of right without such consent. R.S.O. 1990, c. P.27, s. 4.

Liability in tort

5 (1) Except as otherwise provided in this Act, and despite section 71 of the Legislation Act, 2006, the Crown is subject to all liabilities in tort to which, if it were a person of full age and capacity, it would be subject,

(a) in respect of a tort committed by any of its servants or agents;

(b) in respect of a breach of the duties that one owes to one’s servants or agents by reason of being their employer;

(c) in respect of any breach of the duties attaching to the ownership, occupation, possession or control of property; and

(d) under any statute, or under any regulation or by-law made or passed under the authority of any statute. R.S.O. 1990, c. P.27, s. 5 (1); 2006, c. 21, Sched. F, s. 124.

Where proceedings in tort lie

(2) No proceeding shall be brought against the Crown under clause (1) (a) in respect of an act or omission of a servant or agent of the Crown unless a proceeding in tort in respect of such act or omission may be brought against that servant or agent or the personal representative of the servant or agent. R.S.O. 1990, c. P.27, s. 5 (2).

Liability for acts of servants performing duties legally required

(3) Where a function is conferred or imposed upon a servant of the Crown as such, either by a rule of the common law or by or under a statute, and that servant commits a tort in the course of performing or purporting to perform that function, the liability of the Crown in respect of the tort shall be such as it would have been if that function had been conferred or imposed by instructions lawfully given by the Crown. R.S.O. 1990, c. P.27, s. 5 (3).

Application of enactments limiting liability of servants of the Crown

(4) In a proceeding against the Crown under this section, an enactment that negatives or limits the liability of a servant of the Crown in respect of a tort committed by that servant applies in relation to the Crown as it would have applied in relation to that servant if the proceeding against the Crown had been a proceeding against that servant. R.S.O. 1990, c. P.27, s. 5 (4).

Property vesting in the Crown

(5) Where property vests in the Crown independent of the acts or the intentions of the...