p42 s1 bill 161 b161 e.pdf

Ontario — Bills

1ST SESSION, 42ND LEGISLATURE, ONTARIO 68 ELIZABETH II, 2019 Bill 161

An Act to enact the Legal Aid Services Act, 2019 and to make various amendments to other Acts dealing with the courts and other justice matters The Hon. D. Downey Attorney General Government Bill 1st Reading December 9, 2019 2nd Reading 3rd Reading Royal Assent

EXPLANATORY NOTE

SCHEDULE 1 ADMINISTRATION OF JUSTICE ACT The

Schedule amends the Administration of Justice Act by adding

section 4.10, which provides a mechanism for revoking fee waiver certificates if a court determines that the certificate holder’s actions in a proceeding or enforcement are frivolous, vexatious or otherwise an abuse of process, and for limiting a person’s ability to request a further fee waiver. As well, the financial means condition for a fee waiver set out in subsections 4.4 (7) and 4.7 (3) of the Act is amended. The current financial means condition for a fee waiver is that a person lacks the financial means to pay court or enforcement fees.

This is replaced by a condition that a person cannot, without hardship, afford to pay the fees. Finally, references to case management masters in the French version of the Act are corrected.

SCHEDULE 2 CANADIAN PUBLIC ACCOUNTABILITY BOARD ACT (ONTARIO), 2006 The

Schedule makes two technical amendments to the Canadian Public Accountability Board Act (Ontario), 2006.

SCHEDULE 3 CIVIL REMEDIES ACT, 2001 The

Schedule amends the Civil Remedies Act, 2001. The major elements of the

Schedule are described below. The

Schedule adds a new

Part I.1 to the Act. This Part sets out a procedure for the administrative forfeiture of property that the Attorney General has reason to believe is proceeds of unlawful activity or an instrument of unlawful activity. The Attorney General is required to provide notice of administrative forfeiture proceedings through personal service to specified persons, including any person that the Attorney General believes may have an interest in the property that is subject to forfeiture. Notice must also be published on a website of the Government of Ontario.

If the Attorney General receives a notice of dispute from any person in respect of the property within a 120 -day deadline, the Attorney General must choose to withdraw from seeking forfeiture of the property under the Act or commence a proceeding under

Part II, III, III.1 or IV in relation to the property. If no notice of dispute is received by the 120-day deadline, the property is forfeited to the Crown in right of Ontario. The proceeds of administratively forfeited property must be deposited into a special purpose account in the Consolidated Revenue Fund for limited uses.

Section 1.10 establishes a procedure for persons to commence an action ag ainst the Crown to recover damages if they failed, in a manner that was not wilful or deliberate, to provide a notice of dispute within the 120 -day deadline. In the event of a successful action, damages are to be limited to the fair market value of the person’s interest in the property or the liquidated value of the person’s interest in the property, whichever is greater.

Part I.1 also requires public bodies who receive a notice of administrative forfeiture to maintain the property until certain conditions are met.

Part II is amended to change the defined term “legitimate owner” so that it instead refers to an “uninvolved interest holder” . Sections 6, 11, 11.4 and 15 are amended to allow for payments to be made to the estates of deceased persons who suffe red pecuniary or non-pecuniary loss as a result of unlawful activity or vehicular unlawful activity.

New sections 3.1, 8.1, 11.2.1 and 13.1 allow the Attorney General to make a motion to the Superior Court of Justice requesting an order for the disclosure of information or records that are reasonably required by the Attorney General in order to exercise the Attorney General’s powers or perform the Attorney General’s functions and duties under the Act. The special purpose account provisions in Parts II, III, III.1 and IV are amended to allow for payments to the Crown for costs incurred in conducting proceedings under

Part I.1.

Section 18.1 is amended to clarify that the power to approve a settlement includes the power to approve a settlement that provides for payment of a monetary amount instead of forfeiture of the property. New

section 18.2 authorizes public bodies to maintain possession of property for a reasonable time in order to allow the Attorney General to determine whether a proceeding should be comme nced under the Act and, if necessary, for the Attorney General to obtain an interlocutory order under the Act in respect of the property. New

section 20.1 requires the Director of Asset Management – Civil to prepare and publish an annual report in respect of activities conducted under the Act in the previous fiscal year.

SCHEDULE 4 CLASS PROCEEDINGS ACT, 1992 The

Schedule makes various amendments to the Class Proceedings Act, 1992, including the following:

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Section 2 is amended to add a requirement to register proceedings commenced under the Act in accordance with the regulations made under the Act. 2. The Act is amended to take into account multi -jurisdictional class proceedings and proposed mult i-jurisdictional class proceedings commenced in Ontario or elsewhere in Canada. 3. A new

section 13.1 addresses carriage motions, in which the court may, if there are multiple proceedings under the Act involving the same or similar subject matter and some or all of the same class members, permit one to proceed and stay the others, as well as bar new proceedings under the Act involving the same or similar subject matter and some or all of the same class members from being commenced without court leave.

In addition, if there is an existing proceeding under the Act, a proceeding involving the same or similar subject matter and some or all of the same class members may not be commenced under the Act without court leave if more than 60 days have passed since the existing proceeding was commenced. 4. Changes are made to sections 17 to 19 respecting the requirements of notices under the Act, and

section 20 is changed to require the notices to be written in English and in French, and in a plain language manner. Sec tion 22 is amended to provide that the costs of a notice of certification may be awarded to a representative plaintiff only in the event of success in the class proceeding.

Section 26 is amended to require the person or entity administering the distrib ution of an award under

section 24 to file a report respecting the distribution with the court. 6. A new

section 27.1 addresses settlements, and specifies new requirements respecting the seeking of court approval of the settlement of a proceeding under th e Act or in relation to the common issues affecting a subclass. The

section authorizes the court to appoint a person or entity to administer the distribution of settlement funds. The person or entity who administers the distribution of settlement funds is required to file a report respecting the distribution with the court. 7. A new

section 27.2 addresses distribution of awards under

section 24 and of settlement funds on a cy-près basis, including providing for when the court may make an order authorizing such distribution and specifying to whom the distribution may be made. 8. A new

section 27.3 sets out requirements that apply if a proceeding under the Act includes or may include a subrogated claim, as defined by the regulations made under the Act. 9. A new

section 29.1 provides for a process for dismissing a proceeding commenced under the Act for delay, if the specified criteria are met.

Section 30 is amended to change the appeal route or monetary threshold for a number of appeals of decisions unde r the Act, as well as to restrict the ability of an appellant to materially amend materials on an appeal.

Section 32 of the Act is amended to provide that a court shall not approve an agreement respecting fees and disbursements between a solicitor and a representative party without determining that the fees and disbursements are fair and reasonable, and to specify factors to consider in making that determination. The same factors inform a determination of the court respecting the amount owing to a soli citor for fees and disbursements if the agreement is not approved. The court may order that all or part of the amount owing to a solicitor in fees and disbursements be held back from payment until the specified conditions are met. 12. A new

section 33.1 addresses rules respecting third-party funding agreements, which are contingent on court approval.

Section 39 addresses transition rules respecting existing and other proceedings specified by the regulations. In addition, a number of corrections in terminology are made to the French version of the Act.

SCHEDULE 5 COMMISSIONERS FOR TAKING AFFIDAVITS ACT The

Schedule makes various amendments to the Commissioners for taking Affidavits Act, including adjusting its

short title and making consequential amendments to other Acts:

Section 3 of the Act, providing authority for the Attorney General to grant specified powers respecting the administration of oaths and taking of affidavits to specified persons, is repealed. Under the new

section 12.1, persons exercising powers conferred under

section 3 before its repeal may continue to exercise those powers in accordance with the Act.

Section 4 of the Act is amended to remove special provision for the appointment of certain corporate officer s as commissioners for taking affidavits, and to give the Attorney General the authority to, by regulation s made under the Act, change the terms of appointment and renewal of appointment for commissioners. 3. Under subsection 4 (1.1) of the Act, the Attor ney General may delegate the authority to appoint commissioners. Subsection 8 (3) is added to the Act to give the Attorney General power to delegate the authority to revoke appointments.

Section 9 of the Act is re -enacted to provide for circumstances i n which a person administering an oath or declaration need not be in the physical presence of the deponent or declarant.

iii 5. The regulation-making authority in

section 13 of the Act, currently with the Lieutenant Governor in Council, is amended to grant certain of the regulation-making powers to the Attorney General.

SCHEDULE 6 COURTS OF JUSTICE ACT The

Schedule makes various amendments to the Courts of Justice Act. No compensation for costs if removal from office following complaint

Section 33.1 of the Act is amended by providing that deputy judges who are removed from office following a complaint against them are not entitled to compensation for any part of the legal costs incurred by them in relation to the complaint.

Section 51.7 of the Act is amended to provide for the same consequence if the Judicial Council recommends that a provincial judge be removed from office following a complaint, and

section 86.2 of the Act is amended to provide for the same consequence if a case management master is removed from office following a complaint. Appointment of case management masters Various amendments are made to

section 86.1 of the Act to provide that the appointment of case management masters not be for a specified term, but that a case management master must retire on reaching the age of 65, subject to reappointment in accordance with the section. The change is made to apply to existing case management masters whose appointments are subject to a term. Masters

Section 87 of the Act is repealed, and consequentia l amendments made to other provisions of the Act as well as to other Acts, to remove the judicial office of master.

SCHEDULE 7 CREDITORS’ RELIEF ACT, 2010 The

Schedule re-enacts

section 15 of the Creditors’ Relief Act, 2010 to give the authority to designate a bank in which a sheriff is required to deposit money to the Deputy Attorney General and to the person designated by the Deputy Attorney General under subsection 73 (2) of the Courts of Justice Act.

SCHEDULE 8 CROWN LIABILITY AND PROCEEDINGS ACT, 2019 The

Schedule makes various amendments to the Crown Liability and Proceedings Act, 2019 in relation to

section 17 of the Act (no proceeding for misfeasance, bad faith without leave), which is re -enacted. Changes made to the

section include a new requirement to give, within a specified time, notice of a motion for leave to bring a proceeding described in the section, a new power of the Attorney General to require that additional particulars respecting the notice be provided and other changes to make the provisions of

section 17 more consistent with those set out in

section 18 of the Act in relation to claims for damages brought against the Crown. A complementary amendment is made to

section 18. Finally,

section 30 of the Act is amended to add a regulation-making authority respecting procedures that apply to a motion for leave brought under

section 17.

SCHEDULE 9 ESTATES ACT The

Schedule makes various amendments to the Estates Act, including the following: 1. The

Schedule amends the Act with respect to small estates, which are estates that do not exceed an amount to be prescribed by regulations made under the Act.

Section 36 of the Act is amended to provide that, except in specified circumstances, a bond is not required in respect of a small estate. 2. The

Schedule removes the requirement that, unless a court orders otherwise, a certificate under the hand of the Estate Registrar for Ontario must be received by the local registrar before the granting of probate or administration. Instead, the local registrar is required to confirm the matters that are currently required to be confirmed by the Estate Registrar for Ontario before probate or administration is granted. 3. The

Schedule repeals certain provisions that require local registrars to transmit by mail specified information to the Estate Registrar for Ontario, such as a list of the grants of probate and administration made by the local registrars’ courts. 4. The

Schedule repeals various provisions that impose obligations on the Estate Registrar for Ontario, such as forwarding to a local registrar specified information and filing and keeping all notices in respect of applications for probate or administration. 5. Provisions respecting caveats against a grant of probate or administration are repealed.

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SCHEDULE 10 EXECUTION ACT The definition of “sheriff” in

section 1 of the Execution Act is amended to reflect that a sheriff means a sheriff under

section 73 of the Courts of Justice Act. In addition, the future repeal of subsection 8 (1) of the Execution Act is itself repealed.

SCHEDULE 11 JUDICIAL REVIEW PROCEDURE ACT The

Schedule makes various amendments to the Judicial Review Procedure Act:

Section 2 of the Act is amended to provide the court with a generally applicable power to refuse to grant relie f on an application for judicial review.

Section 5 of the Act is re -enacted to establish new rules as to when an application for judicial review may be brought. These rules apply with respect to any application for judicial review of a decision that is made or of a matter that occurs on or after the day on which the

Schedule comes into force. 3. Subsection 9 (1) of the Act is re-enacted to specify what is sufficient in respect of information provided in an application for judicial review.

SCHEDULE 12 JURIES ACT The

Schedule amends the Juries Act respecting the addresses of persons on the jury panel list: 1. Subsection 15 (3) of the Act is amended so that the address of a person selected to be on a panel list is not included in the list.

Section 18 of the Act is amended to add a power of the court to order, in the circumstances specified, that the disclosure by the sheriff of the panel list under the

section include disclosure of the addresses of the persons on the list. As well, subsection 3 (1) of the Act is amended to change the terminology of “lock -up” to reflect recent legislation in the corrections context.

SCHEDULE 13 JUSTICES OF THE PEACE ACT Sections 11 and 11.1 of the Justices of the Peace Act are amended to provide that if a complaint against a justice of the peace results in a formal hearing, it is the hearing panel that may make recommendations respecting any compensation payable to the justice of the peace for legal costs incurred in relation to both the investigation of the complaint and the resulting hearin g.

Section 11.1 is further amended to provide that if the hearing panel recommends that the justice of the peace be removed from office, the justice of the peace is not entitled to any such compensation.

SCHEDULE 14 LAW SOCIETY ACT The

Schedule makes various amendments to the Law Society Act. The Act is amended by adding sections 61.1.1 to 61.1.4, respecting the practice of law or provision of legal services through a firm, as defined by a new definition added to

section 1 of the Act.

Section 62 of the Act is amended to give Convocation authority to make by-laws governing the practice of law or provision of legal services through a firm. Other amendments to the Act include the following: 1. Subsection 35 (1) is amended to increase the maximum fine that may be imposed on a licensee in the event of a contravention of

section 33 (prohibited conduct) from $10,000 to $100,000. 2. Sections 42 (review: professional competence), 49.2 (audit of financial records) and 49.3 (investigations) are amended to permit a person conducting a review, audit or investigation , as the case may be, to enter former business premises of a licensee or group of licensees and require people who formerly worked with a licensee or group of licensees to provide information. 3. Subsection 48 (1) is re-enacted to add to the circumstances in which a licensee’s licence may be summarily revoked. 4. Amendments are made to

section 49.12 to add to the circumstances in which specified persons may disclose specified information respecting audits, investigations, reviews, searches, seizures and p roceedings. Subsections 49.12 (2.1) and (2.2) are added to specify that certain information that is subject to solicitor-client privilege or that may tend to criminate or establish a person’s liability to civil proceedings may nevertheless not be disclosed in some of those circumstances. 5. Clause 62 (3) (

a) of the Act, which requires that copies of the by -laws made under the Act be filed in the office of the Attorney General for Ontario, is repealed.

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SCHEDULE 15 LEGAL AID SERVICES ACT, 1998 The

Schedule makes various amendments to the Legal Aid Services Act, 1998, including the following:

Section 5 is re-enacted and

section 6 is repealed to change the composition of the board of directors of Legal Aid Ontario. The existing board members are continued as members of the new board.

Section 36, which provides for a process by which clinics may request reconsideration of funding decisions, is repealed. Under a new

section 72.4, any existing reconsiderations are terminated. 3. A new

section 39.1 provides for circumstances in which Legal Aid Ontario is required to provide specific legal aid services.

Section 16 is consequentially amended. 4. A new

section 72.3 states that Legal Aid Ontario may attempt to enter into discussions with clinics and with deans of law schools respecting new agreements for the provision of legal aid services by the clinics and by student legal aid services societies. Any prior agreements are cancelled six months after the

section comes into force, unless they are cancelled earlier. Under a new

section 72.4, any existing proceedings or processes under a cancelled agreement are terminated.

Section 72.5 provides for immunity for the Crown and for Legal Aid Ontario respecting the cancellations and terminations under se ctions 72.3 and 72.4, and additionally provides that no person is entitled to compensation respecting the cancellations or terminations.

SCHEDULE 16 LEGAL AID SERVICES ACT, 2019 The

Schedule enacts the Legal Aid Services Act, 2019 , repeals the Legal Aid Se rvices Act, 1998 and makes complementary amendments to other Acts. Purpose and

interpretation Sections 1 and 2 of the Legal Aid Services Act, 2019 set out the purpose of the Act and

definitions. Legal aid services Sections 3 to 15 address the provision of legal aid services under the Act by Legal Aid Ontario (“the Corporation”). Sections 3 to 5 set out the legal aid services that may be provided and the manner in which they may be provided, including by the authorization of persons and entities who would pr ovide the legal aid services as service providers. The legal aid services that may be provided and the areas of law in which they may be provided are subject to regulations made by the Minister responsible for the Act.

Section 7 sets out the eligibility re quirements for receiving legal aid services which, under

section 8, are to be provided without cost to an individual.

Section 9 sets out an exception to this, as it authorizes the Corporation to require an individual or person responsible for the individua l to contribute to the cost of providing legal aid services to the individual.

Section 15 addresses circumstances in which the Corporation is obligated to provide specific legal aid services. Legal Aid Ontario Sections 16 to 26 continue the Corporation, se t out its objects and powers and provide for its board of directors, as well as address other corporate matters. Accountability, finances and administration Sections 27 to 33 set out various powers and duties of the Corporation in relation to fiscal and administrative matters, including a requirement to submit an annual budget (section 28) and to develop a public consultation policy (section 33).

Section 29 provides that the money required for the purposes of the Act shall be paid out of money appropriate d by the Legislature. General Sections 34 to 44 set out various provisions respecting the exercise and performance of powers, duties and functions under the Act and the provision of legal aid services, including provisions addressing personal immunity for Corporation employees and others (section 37) and deeming specific communications to be privileged (section 40).

Section 45 sets out offences for specified contraventions of the Act. Rules and regulations

Section 46 sets out the rule -making authority of th e board of directors of the Corporation, which permits the board to make rules respecting a broad range of matters, including governing the authorization of service providers and their payment, setting out eligibility requirements to receive legal aid serv ices and governing the determination of eligibility, and governing contribution to the cost of providing legal aid services. However, the board may not make a rule without first posting the proposed rule on the Corporation’s website for a specified period of time.

As well, some rules do not become effective unless, after they are made, they are submitted to the Minister responsible for the Act and either approved or else not rejected or returned by the Minister before the specified period expires. Once rule s become effective, the board must make them publicly available.

Section 47 provides for regulation -making authority, most of which, including regulation -making authority relating to transitional matters, is given to the Lieutenant Governor in Council. The Minister responsible for the Act may make regulations respecting, among other things, the legal aid services the Corporation may or must provide, and the areas of law in which it may or must provide them.

SCHEDULE 17 LIMITATIONS ACT, 2002 The

Schedule mak es housekeeping amendments to the Limitations Act, 2002 . Subsection 16 (1.2) of the Act is amended to replace the description of a date with the actual date. The

Schedule to the Act is amended to remove and update obsolete references to provisions of other Acts.

SCHEDULE 18 MARRIAGE ACT The

Schedule amends the Marriage Act. The amendments permit a person to be registered as authorized to solemnize marriage if the person belongs to a band located in whole or in

part in Ontario, a First Nation, Métis or Inuit organization or community located in whole or in

part in Ontario or a permanently established Indigenous entity located in whole or in

part in Ontario, and is duly recognized by the band, First Nation, Métis or Inuit organization or community or Indigenou s entity as entitled to solemnize marriage according to its customs and traditions. The amendments provide that judges of any court in Canada, as well as Ontario case management masters, may solemnize marriages in Ontario. The ability of Ontario justices o f the peace and persons prescribed by the regulations to solemnize marriages is continued. Amendments related to the administration of the Act, and consequential amendments to other Acts, are also made.

SCHEDULE 19 NOTARIES ACT The

Schedule makes various amendments to the Notaries Act:

Section 2 of the Act is amended in the first instance to change the conditions for appointment and reappointment. In the second instance,

section 2 is repealed and replaced in order to provide that the requirements a person must meet to be appointed a notary public be specified by regulations made under the Act;

section 8 of the Act is amended to give that regulation-making authority, along with certain other regulation-making authorities, to the Attorney General. 2. Sections 3 and 4 of the Act are repealed, and a new

section 3 is re -enacted, to restate the powers of a notary public. Subsection 3 (3) provides for circumstances in which a notary public need not be in the physical presence of the person with respect to whom the notary public is exercising his or her powers.

Section 5 of the Act is amended to give the Attorney General the authority to, by regulation, change the terms of appointment and reappointment for notaries public. 4. Under subsection 1 (2) of the Act, the Attorney General may delegate the authority to appoint notaries public. Subsection 7 (4) is added to the Act to give the Attorney General a power to delegate the authority to revoke appointments. 5. Numerous amendments are made t o the Act to provide that it applies to persons licensed under the Law Society Act to provide legal services in Ontario in the same way as it applies to persons licensed under that Act to practise law in Ontario.

SCHEDULE 20 PUBLIC GUARDIAN AND TRUSTEE ACT The

Schedule re -enacts subsection 10 (3) of the Public Guardian and Trustee Act (exception to listed requirements for delivering up of property) to change the threshold amount in that subsection from a maximum of $20,000 to a maximum of an amount prescribed by regulations made by the Lieutenant Governor in Council under the Act.

Section 14 of the Act is amended to add the necessary regulation-making authority.

Bill 161 2019

An Act to enact the Legal Aid Services Act, 2019 and to make various amendments to other Acts dealing with the courts and other justice matters CONTENTS 1. Contents of this Act 2. Commencement 3.

Short title

Schedule 1 Administration of Justice Act

Schedule 2 Canadian Public Accountability Board Act (Ontario), 2006

Schedule 3 Civil Remedies Act, 2001

Schedule 4 Class Proceedings Act, 1992

Schedule 5 Commissioners for Taking Affidavits Act

Schedule 6 Courts of Justice Act

Schedule 7 Creditors’ Relief Act, 2010

Schedule 8 Crown Liability and Proceedings Act, 2019

Schedule 9 Estates Act

Schedule 10 Execution Act

Schedule 11 Judicial Review Procedure Act

Schedule 12 Juries Act

Schedule 13 Justices of the Peace Act

Schedule 14 Law Society Act

Schedule 15 Legal Aid Services Act, 1998

Schedule 16 Legal Aid Services Act, 2019

Schedule 17 Limitations Act, 2002

Schedule 18 Marriage Act

Schedule 19 Notaries Act

Schedule 20 Public Guardian and Trustee Act Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: Contents of this Act 1 This Act consists of this section, sections 2 and 3 and the Schedules to this Act. Commencement 2

(1) Subject to subsections (2) and (3), this Act comes into force on the day it receives Royal Assent.

(2) The Schedules to this Act come into force as provided in each Schedule.

(3) If a

Schedule to this Act provid es that any of its provisions are to come into force on a day to be named by proclamation of the Lieutenant Governor, a proclamation may apply to one or more of those provisions, and proclamations may be issued at different times with respect to any of tho se provisions.

Short title 3 The

short title of this Act is the Smarter and Stronger Justice Act, 2019.

SCHEDULE 1 ADMINISTRATION OF JUSTICE ACT 1

Section 4.1 of the Administration of Justice Act is repealed and the following substituted: Purpose 4.1 The purpose of sections 4.2 to 4.10 is to provide a mechanism for fee waivers that is fair and proportionate, so that individuals who might otherwise be denied access to justice because of their financial circumstances can be excused from paying fees. 2

Section 4.2 of the Act is amended by adding the following subsection: Subject to revocation (2) Subsection (1) is subject to the revocation of the certificate under

section 4.10. 3 Paragraph 1 of subsection 4.4 (7) of the Act is amended by striking out “The person lacks the financial means to pay fees” at the beginning and substituting “The person cannot, without undue hardship, afford to pay fees”. 4 Subsection 4.7 (3) of the Act is amended by striking out “the person lacks the financial means to pay fees” and substituting “the person cannot, without undue hardship, afford to pay fees”. 5 The Act is amended by adding the following section: Revocation of fee waiver 4.10

(1) A certificate given to a person under

section 4.3 or 4.4 respecting a court proceeding or enforcement in a proceeding may, despite anything to the contrary in those sections, be revoked by order o f a judge, deputy judge or case management master of the court in which the proceeding was commenced, if the judge, deputy judge or case managem ent master is of the opinion that the person’s actions in the proceeding or enforcement are frivolous, vexatious or otherwise an abuse of the process of the court. Same

(2) A certificate given to a person under

section 4.5 or 4.7 respecting the enforcement of an order may, despite anything to the contrary in those sections, be revoked by order of a judge, deputy judge or case management master of the court in which the order was made or filed, as the case may be, if the judge, deputy judge or cas e management master is of the opinion that the person’s actions in the enforcement are frivolous, vexatious or otherwise an abuse of the process of the court. Submissions

(3) Before making an order under subsection (1) or (2), the judge, deputy judge or c ase management master shall give the person an opportunity to make submissions. Same

(4) Submissions shall be made in the manner and form specified by the judge, deputy judge or case management master. Restriction on further fee waivers

(5) In making an order under subsection (1) or (2), the judge, deputy judge or case management master may make an order that the person may not, despite anything contrary in this Act, make any further requests for a fee waiver under this Act wit h respect to the same proceeding or any related proceeding or with respect to the same enforcement, without permission obtained in advance from a judge, deputy judge or case management master, as applicable. Decision final

(6) The decision of the judge, deputy judge or case management master is final. Rules of court and Statutory Powers Procedure Act do not apply

(7) The rules of court and the Statutory Powers Procedure Act do not apply to this section. No fee

(8) No fee is payable for anything done in connection with this section. 6

(1) The French version of the following provisions of the Act is amended by striking out “ protonotaire responsable de la gestion de la cause ” wherever it appears and substituting in each case “ protonotaire chargé de la gestion des causes”: 1. Subsections 4.4 (1), (5) and (9). 2. Clause 4.7 (1) (

b) and subsections 4.7 (3) and (5).

(2) The French version of the following provisions of the Act is amended by striking out “ protonotaire de la gestion de la cause” wherever it appears and substituting in each case “protonotaire chargé de la gestion des causes”:

3 1. Subsection 4.4 (4). 2. Subsection 4.7 (2). Commencement 7

(1) Subject to subsection (2), this

Schedule comes into force on the day the Smarter and Stronger Justice Act, 2019 receives Royal Assent.

(2) Sections 1 to 5 come into force on the day that is 30 days after the day the Smarter and Stronger Justice Act, 2019 receives Royal Assent.

SCHEDULE 2 CANADIAN PUBLIC ACCOUNTABILITY BOARD ACT (ONTARIO), 2006 1 The French version of subsection 11 (5) of the Canadian Public Accountability Board Act (Ontario), 2006 is amended by striking out “de nier l’existence d’un privilège ni de constituer” and substituting “d’invalider un privilège ni ne constitue”. 2 The English version of subsection 14 (2) of the Act is amended by adding “or documents” after “information based on privileged information”. Commencement 3 This

Schedule comes into force on the day the Smarter and Stronger Justice Act, 2019 receives Royal Assent.

SCHEDULE 3 CIVIL REMEDIES ACT, 2001 1

(1) The Civil Remedies Act, 2001 is amended by adding the following Part:

PART I.1 ADMINISTRATIVE FORFEITURE

Definitions 1.1 In this Part, “deadline date” means, in respect of an administrat ive 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”) “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”) 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. 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. 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,

6 (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. 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. 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. 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. 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. 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. 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. 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; (

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 accorda nce 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. 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.

7 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. 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. 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. Deadline

(3) A notice of dispute must be received by the Attorney General on or before the deadline date. If Attorney General receives notice of dispute 1.6

(1) Within 45 days after receiving a notice of dispute in respect of property, the Attorney General shall, (

a) either commence proceedings against the property under

Part II, III , III.1 or IV or withdraw from seeking forfeiture of the property under this Act; and (

b) give notice of the commencement of the new proceedings, or the withdrawal from seeking forfeiture of the property under this Act, to, (

i) every person and public body that received notice of the administrative forfeiture proceeding under clause 1.3 (1) (b), and (ii) each person who submitted a notice of dispute in respect of the property. Discharge of notice

(2) After receiving a notice of dispute in respect of property, the Attorney General shall discharge the notice registered pursuant to clause 1.3 (1) (

a) as soon as is practicable. Attorney General’s power to withdraw or convert to other proceedings 1.7

(1) The Attorney General may, at any time and on his or her own initiative, (

a) withdraw from seeking forfeiture of property under this Act; or (

b) discontinue an administrative forfeiture proceeding and commence proceedings under

Part II, III, III.1 or IV. Notice

(2) If the Attorney General takes either of the actions described in subsection (1), (

a) the notice registered pursuant to clause 1.3 (1) (

a) shall be discharged by the Attorney General as soon as is practicable; and (

b) the Attorney General shall give notice of the action to each person and public body that received notice of the administrative forfeiture proceeding under clause 1.3 (1) (b). Forfeiture if no notice of dispute 1.8

(1) If the Attorney General does not receive a notice of dispute on or before the deadline date, the property specified in the notice of dispute is forfeited to the Crown in right of Ontario on the day after the deadline date. Notice to public body

(2) The Attorney General shall prepare a notice of forfeiture that confirms the property has been forfeited to the Crown in right of Ontario and give a copy of the notice to the public body in possession of the property.

8 Release of property

(3) The public body shall release the property to the Director upon receipt of the notice of forfeiture . Special purpose account 1.9

(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 for Crown’s costs

(3) 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 (8), to compensate the Crown in right of Ontario for its costs incurred in, (

a) conducting the proceeding under this Part with respect to the property; (

b) determining whether the proceeding under this Part should be commenced; and (

c) preserving, managing or disposing of the property under this Part. Other payments out of account

(4) Subject to the regulations made under this Act and after making the payments, if any, out of the account under subsection (3), the Minister of Finance may make payments out of the account described in subsection (1) for the following purposes: 1. To compensate persons, or the estates of deceased 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 that the property was used to engage in or that resulted in the acquisition of the property. 2. To assist victims of unlawful activities or the estates of deceased 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 th at relates to the property, other than the costs described in subsection ( 3), and for pecuniary losses suffered as a result of the unlawful activity that the property was used to engage in or that resulted in the acquisition of the property , including costs incurred in remedying the effects of the unlawful activity. 4.

To compensate a municipal corporation, or a public institution 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 that the property was used to engage in or that resulted in the acquisition of the property, 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

(5) The Director may elect not to request payment out of the account under subsection (3) 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 unde r paragraph 1 of subsection (4). Payment for Crown’s costs after payment to persons who suffered loss

(6) If the Director elects not to request payment under subsection (3), the Minister of Finance shall, at the request of the Director and in the amounts determined by the Director under subsection (8), make payments to compensate the Crown in right of Ontario for its costs incurred as described in subsection (3) out of the account, after the payments are made to compensat e the persons who are entitled to compensation under paragraph 1 of subsection (4). Payment for Crown’s costs out of other accounts

(7) 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 (3) or (6), 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 ou t of that account to compensate the persons who are entitled to compensation out of that account under paragraph 1 of subsection (4) and to compensate the Crown for its costs incurred in respect of that account.

9 Determination of Crown’s costs

(8) The amount of the Crown’s costs under subsection (3) or (6) 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. Related activities

(9) If money is required to be deposited under subsection (1) in respect of two or more unlawful activities and the Minister of Finance is of the opinion that the unlawful activities are related, the money may be deposited into a single account and, for the purpose of payments out of the account, a reference in subsection (4) to “the unlawful activity” that the property was used to engage in or that resulted in the acquisition of the property shall be deemed to be a reference to any of the unlawful activi ties. Failure to deliver notice of dispute 1.10

(1) A person who claims to have had an interest in the proper ty at the time it was forfeited under

section 1.8 but who failed to submit a notice of dispute before the deadline date may commence an action for damages against the Crown in right of Ontario. Onus on plaintiff

(2) The plaintiff in an action commenced under this

section must establish that, (

a) he or she has an interest in the property; and (

b) his or her failure to submit a notice of dispute before the deadline date was not wilful or deliberate. Same, proceeds of unlawful activity

(3) If the Crown in right of Ontario establishes that the property was proceeds of unlawful activity, the plaintiff’s action will be unsuccessful unless the plaintiff establishes that he or she is an uninvolved interest holder, as defined in

section 2, of the property. Same, instrument of unlawful activity

(4) If the Crown in right of Ontario establishes that the property was an instrument of unlawful activity, the plaintiff’s action will be unsuccessful unless the plaintiff establishes that he or she is a responsible owner, as defined in

section 7, of the property. Exception, forfeiture clearly not in interests of justice (5) Subsections (3) and (4) do not apply if the court is satisfied that the forfeiture of the property to the Crown in right of Ontario was clearly not in the interests of justice. Owner

(6) If an action under this

section is successful, the court shall order the Crown in right of Ontario to pay to the plaintiff th e greater of, (

a) the fair market value of the plaintiff’s interest in the property, as determined by the court, on the day the Attorney General published notice of the administrative forfeiture proceeding on a website of the Government of Ontario; and (

b) the liquidated value of the plaintiff’s interest in the property that was realized on the forfeiture or disposition of the property. Payment or settlement

(7) The Minister of Finance shall, at the request of the Director, make payments out of a special purpose account in which property, or the proceeds from selling property, is deposited in order to, (

a) comply with an order of the court made under subsection (6) in respect of the property; or (

b) settle a proceeding or an anticipated proceeding under this

section in respect of the property which, in the Director’s opinion, could result in a judgment against the Crown. If money insufficient

(8) If the amount of money in the special purpose account is insufficient to satisfy a request made by the Director under subsection (7), the Minister of Finance shall make payments to satisfy the request for the unsatisfied amount out of another account into which money is deposited under subsection 1.9 (1) as a result of another proceeding, after payments have been

10 made out of that account to compensate the persons who are entitled to compensation out of that account under paragraph 1 of subsection 1.9 (4).

(2) Clause (

c) of the definition of “public body” in

section 1.1 of the Act, as enacted by subsection (1), is repealed and the following substituted: (

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

(3) Clause 1.3 (8) (

c) of the Act, as enacted by subsection (1), is amended by striking out “police force” and substituting “police service”. 2

(1) The definition of “legitimate owner” in

section 2 of the Act is repealed.

(2) Section 2 of the Act is amended by adding the following definition: “uninvolved interest holder” 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); (“détenteur innocent d’un intérêt”) 3 (1) Subsection 3 (3) of the Act is amended by, (

a) striking out “a legitimate owner” and substituting “an uninvolved interest holder”; and (

b) striking out “legitimate owner’s interest” and substituting “uninvolved interest holder’s interest”. (2) Clause 3 (4) (

a) of the Act is amended by striking out “legitimate owner’s interest” and substituting “uninvolved interest holder’s interest”. (3) Clause 3 (4) (

b) of the Act is amended by striking out “legitimate owner” at the end and substituting “uninvolved interest holder”. 4 The Act is amended by adding the following section: Disclosure order 3.1

(1) On motion of the Attorney General in a proceeding or int ended proceeding under

section 3, the Superior Court of Justice may make an order requiring a person to disclose to the Attorney General information or records in the custody or control of the person if the Court is satisfied that the information or records are reasonably required by the Attorney General in order to exercise the Attorney General’s powers or perform the Attorney General’s functions and duties under this Act. Timing

(2) The Attorney General may apply for an order under subsection (1) before, at the time of or after, (

a) commencing proceedings under

section 3; or (

b) applying for an order under

section 4. Motion made without notice

(3) An order under subsection (1) may be made on motion without notice for a period not exceeding 60 days. Costs

(4) The Attorney General must pay to a person who is subject to an order under subsection (1) the reasonable costs of producing, reproducing or delivering the information or records. 5 (1) Clauses 6 (2.1) (a), (

b) and (

c) of the Act are amend ed by striking out “this Part” wherever it appears and substituting in each case “this Part or

Part I.1”.

(2) Paragraphs 1 and 2 of subsection 6 (3) of the Act are repealed and the following substituted: 1. To compensate persons, or the estates of deceas ed 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 the estates of deceased victims of unlawful activities, or to prevent unlawful activities that result in victimization.

(3) Paragraph 4 of subsection 6 (3) of the Act is repealed and the following substituted:

11 4. To compensate a municipal corporation, or a public institution 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. 6 The Act is amended by adding the following section: Disclosure order 8.1

(1) On motion of the Attorney General in a proceeding or intended proceeding under

section 8, the Superior Court of Justice may make an order requiring a person to disclose to the Attorney General information or records in the custody or control of the person if the Court is satisfied that the information or records are reasonably required by the Attorney General in order to exercise the Attorney General’s powers or perform the Attorney General’s functions and duties under this Act. Timing

(2) The Attorney General may apply for an order under subsection (1) before, at the time of or after, (

a) commencing proceedings under

section 8; or (

b) applying for an order under

section 9. Motion made without notice

(3) An order under subsection (1) may be made on motion without notice for a period not exceeding 60 days. Costs

(4) The Attorney General must pay to a person who is subject to an order under subsection (1) the reasonable costs of producing, reproducing or delivering the information or records. 7 (1) Clauses 11 (2.1) (a), (

b) and (

c) of the Act are amended by striking out “this Part” wherever it appears and substituting in each case “this Part or

Part I.1”.

(2) Paragraphs 1 and 2 of subsection 11 (3) of the Act are repealed and the following substituted: 1. To compensate persons, or the estates of deceased 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 the estates of deceased victims of unlawful activities, or to prevent unlawful activities that result in victimization.

(3) Paragraph 3 of subsection 11 (3) of the Act is am ended by striking out “this Part” and substituting “this Part or

Part I.1”.

(4) Paragraph 4 of subsection 11 (3) of the Act is repealed and the following substituted: 4. To compensate a municipal corporation, or a public institution 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. 8 The Act is amended by adding the following section: Disclosure order 11.2.1

(1) On motion of the Attorney General in a proceeding or intended proceeding under

section 11.2, the Superior Court of Justice may make an order requiring a person to disclose to the Attorney General information or records in the custody or control of the person if the Court is satisfied that the information or records are reasonably required by the Attorney General in order to exercise the Attorney General’s powers or perform the Attorney General’s functions and duties under this Act. Timing

(2) The Attorney General may apply for an order under subsection (1) before, at the time of or after, (

a) commencing proceedings under

section 11.2; or (

b) applying for an order under

section 11.3. Motion made without notice

(3) An order under subsection (1) may be made on motion without notice for a period not exceeding 60 days. Costs

(4) The Attorney General must pay to a person who is subject to an order under subsection ( 1) the reasonable costs of producing, reproducing or delivering the information or records. 9

(1) Clauses 11.4 (3) (a), (

b) and (

c) of the Act are amended by striking out “this Part” wherever it appears and substituting in each case “this Part or

Part I.1”.

(2) Paragraphs 1 and 2 of subsection 11.4 (4) of the Act are repealed and the following substituted: 1. To compensate persons, or the estates of deceased persons, who suffered pecuniary or non -pecuniary losses, including losses recoverable under

Part V of the Family Law Act, as a result of the vehicular unlawful activity that gave rise to the forfeiture. 2. To assist victims of vehicular unlawful activities, or the estates of deceased victims of vehicular unlawful activities, or to prevent vehicular unlawful activities that result in victimization.

(3) Paragraph 3 of subsection 11.4 (4) of the Act is amended by striking out “this Part” and substituting “this Part or

Part I.1”.

(4) Paragraph 4 of subsection 11.4 (4) of the Act is repealed and the following substituted: 4. To compensate a municipal corporation, or a public institution that belongs to a class prescribed by the regulations made under this Act, for pecuniary losses that were suffered as a result of the vehicular unlawful activity that gave rise to the forfeiture and that are costs incurred in remedying the effects of that vehicular unlawful activity. 10 Clause (

c) of the definition of “injury to the public” in

section 12 of the Act is repealed and the following substituted: (

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 institution that belongs to a class prescribed by the regulations made under this Act; 11 The Act is amended by adding the following section: Disclosure order 13.1

(1) On motion of the Attorney General in a proceeding or intended proceeding under

section 13, the Superior Court of Justice may make an order requiring a person to disc lose to the Attorney General information or records in the custody or control of the person if the Court is satisfied that the information or records are reasonably required by the Attorney General in order to exercise the Attorney General’s powers or perform the Attorney General’s functions and duties under this Act. Timing

(2) The Attorney General may apply for an order under subsection (1) before, at the time of or after, (

a) commencing proceedings under

section 13; or (

b) applying for an order under

section 14. Motion made without notice

(3) An order under subsection (1) may be made on motion without notice for a period not exceeding 60 days. Costs

(4) The Attorney General must pay to a person who is subject to an order under subsection (1) th e reasonable costs of producing, reproducing or delivering the information or records. 12 (1) Clauses 15 (2.1) (a), (

b) and (

c) of the Act are amended by striking out “this Part” wherever it appears and substituting in each case “this Part or

Part I.1”.

(2) Paragraph 1 of subsection 15 (3) of the Act is repealed and the following substituted: 1. To assist victims of unlawful activities, or the estates of deceased victims of unlawful activities, or to prevent unlawful activities that result in victimization.

(3) Paragraph 2 of subsection 15 (3) of the Act is amended by striking out “this Part” and substituting “this Part or

Part I.1”.

(4) Paragraph 3 of subsection 15 (3) of the Act is repealed and the following substituted: 3. To compensate a municipal corporation, or a public institution 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. 13

(1) Subsection 15.5 (1) of the Act is amended by adding the following paragraph: 4.1 Where the property that is the subject of the proceeding or intended proceeding was previously the subject of a proceeding under

Part I.1, every person who submitted a notice of dispute under that

Part in respect of the property.

(2) Paragraph 5 of subsection 15.5 (1) of the Act is amended by striking out “the legitimate owner” and substituting “an uninvolved interest holder”.

(3) Paragraph 9 of subsection 15.5 (1) of the Act is amended by striking out “4, 5” and substituting “4, 4.1, 5”. 14

Section 18.1 of the Act is amended by adding the following subsection:

13 Payments in lieu

(3) For greater certainty, the power to approve a settlement under subsection (1) includes a power to approve a settlement that provides for payment of a monetary amount instead of the full or partial forfeiture of the property that is the subject of th e proceeding. 15

(1) The Act is amended by adding the following section: Maintenance of property by public body 18.2

(1) A public body may maintain possession of property for a reasonable period of time in order to allow the Attorney General to determine whether a proceeding should be commenced under this Act in respect of the property and, if the Attorney General deems it necessary, obtain an interlocutory order under this Act in respect of the property. Definition

(2) In subsection (1), “public body” means, (

a) an entity with which the Director of Asset Management – Civil 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.

(2) Clause (

c) of the definition of “public body” in subsection 18.2 (2) of the Act, as enacted by subsection (1), is repealed and the following substituted: (

c) a chief of police as defined in subsection 2 (1) of the Community Safety and Policing Act, 2019. 16 (1) Subsection 19 (5) of the Act is amended by striking out “the person who disclosed the information to”. (2) Subsection 19 (5.1) of the Act is amended b y striking out “a person who discloses information to the Attorney General” in the portion before clause (

a) and substituting “a person who disclosed information to a reviewing authority under subsection (4) that was subsequently disclosed to the Attorney General”. (3) Subsection 19 (6) of the Act is amended by striking out “Subsections (4) and (5) do” at the beginning and substituting “Subsection (4) does”. (4) Subsection 19 (7) of the Act is amended by striking out “(5) or”. (5) Subsection 19 (8) of the Act is amended by striking out “(5) or”. 17 Subsection 19.1 (1) of the Act is amended by striking out “Part II” and substituting “Part I.1, II”. 18 The Act is amended by adding the following section: Annual Report 20.1

(1) On or before July 1 in each y ear, the Director of Asset Management – Civil shall prepare a report on the activities conducted under this Act in the previous fiscal year. Contents of report

(2) The report must contain, (

a) general information respecting the activities conducted under this Act in the previous fiscal year; (

b) statistics respecting proceedings under this Act in the previous fiscal year, including, (

i) the number of proceedings commenced under each of Parts I.1, II, III, III.1 and IV, (ii) the number of proceedings under

Part I.1 in which a notice of dispute was filed, (iii) the number of ongoing proceedings under each of Parts II, III, III.1 and IV, (iv) the number of forfeitures that occurred under each of Parts I.1, II, III, III.1 and IV, (

v) the total value of all forfeitures under each of Parts I.1, II, III, III.1 and IV, (vi) the total amount paid out to compensate the Crown in right of Ontario for its incurred costs, (vii) the total amount paid out to compensate victims of unlawful activities, (viii) the total amount paid in grants under this Act to assist victims of unlawful activities and to prevent unlawful activities that result in victimization, and

14 (ix) the total number of actions commenced under

section 1.10 of the Act and the total amount paid out under that section; and (

c) any other information that the Attorney General believes should be made available to the public. Provision of report and publication

(3) The Director of Asset Management – Civil shall provide the report to the Attorney General on or before July 1 of each year and make it available to the public on a website of the Government of Ontario. Definition of fiscal year

(4) In this section, “fiscal year” means the period commencing on April 1 in each year and ending on March 31 of the following year . 19 Clause 21 (1) (

b) of the Act is repealed and the following substituted: (

b) governing payments out of accounts referred to in

section 1.9, 6, 11, 11.4 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, prescribing classes of public institutions for the purpose of paragraph 4 of subsection 1.9 (4), paragraph 4 of subsection 6 (3), paragraph 4 of subsection 11 (3), paragraph 4 of subsection 11.4 (4) and paragraph 3 of subsection 15 (3); Commencement 20

(1) Subject to subsections (2) and (3), this

Schedule comes into force on the day the Smarter and Stronger Justice Act, 2019 receives Royal Assent.

(2) Section 1, subsections 5 (1), 5 (3), 7 (1), 7 (3), 7 (4), 9 (1), 9 (3) and 9 (4),

section 10, subsections 12 (1), 12 (3), 12 (4), 13 (1), 13 (3) and 15 (2) and sections 17 and 19 come into force on a day to be named by proclamation of the Lieutenant Governor.

(3) Section 18 comes into force on the later of April 1, 2021 and the day the Smarter and Stronger Justice Act, 2019 receives Royal Assent.

SCHEDULE 4 CLASS PROCEEDINGS ACT, 1992 1

(1) Section 1 of the Class Proceedings Act, 1992 is amended by adding the following

definitions: “Minister” means the Attorney General or such other member of the Executive Council to whom the administration of this Act is assigned under the Executive Council Act; (“ministre”) “multi-jurisdictional class proceeding” means a proceeding, (

a) brought on behalf of a class of persons that includes residents from two or more provinces or territories of Canada, and (

b) certified as a cla ss proceeding under this Act or under the law of another Canadian jurisdiction, as the case may be; (“recours collectif multiterritorial”) “prescribed” means prescribed by the regulations; (“prescrit”) “regulations” means the regulations made under this Act. (“règlements”)

(2) Section 1 of the Act is amended by adding the following subsections:

Interpretation, proceeding under this Act

(2) For greater certainty, unless the context requires otherwise, a reference to a proceeding under this Act includes reference to, (

a) a proceeding commenced under

section 2, regardless of whether it has been certified as a class proceeding; and (

b) a proceeding or proceedings referred to in

section 3 or 4, once a motion for certification is made in respect of the proceeding or proceedings.

Interpretation, representative party, etc.

(3) If the context so requires, a reference in this Act to a representative plaintiff, defendant or party, or to a class or subcl ass member, includes a reference to a person who wo uld, if a proceeding under this Act were certified as a class proceeding, be a representative plaintiff, defendant or party or class or subclass member, as the case may be.

Interpretation, success in a class proceeding

(4) For the purposes of this Act, success in a class proceeding includes, (

a) a judgment on common issues in favour of some or all class members; and (

b) a settlement that benefits one or more class members. 2 The Act is amended by adding the following section: Determining same or similar subject matter 1.1 A determination under this Act as to whether two or more proceedings involve the same or similar subject matter shall include consideration of whether the proceedings involve the same or similar causes of actio n and the s ame or affiliated defendants. 3

(1) Section 2 of the Act is amended by adding the following subsection: Registration of proceeding

(1.1) A person who commences a proceeding under subsection (1) shall, on the same day, register the proceeding in accordance with the regulations.

(2) The French version of subsection 2 (2) of the Act is amended by striking out “certifiant que l’instance est un recours collectif” and substituting “certifiant l’instance comme recours collectif”. (3) Subsection 2 (3) of the Act is repealed and the following substituted: Proof of registration

(3) The person shall, in an affidavit filed for use on the motion for certification, provide proof that the proceeding was registered in accordance with subsection (1.1). Notice of certification motion to others

(4) In addition to giving notice of a motion for certification in accordance with the rules of court, the person shall give notic e of the motion to the representative plaintif f of any class proceeding or proposed class proceeding, includi ng a multi - jurisdictional class proceeding or proposed multi-jurisdictional class proceeding, that, (

a) was commenced in a Canadian jurisdiction other than Ontario; and (

b) involves the same or similar subject matter and some or all of the same class members.

16 Submissions

(5) A person to whom notice is given under subsection (4) is entitled to make submissions at the hearing of the motion for certification. 4 The French version of

section 3 of the Act is amended by striking out “certifiant que les instances sont un recours collectif” and substituting “certifiant les instances comme recours collectif”. 5 The French version of

section 4 of the Act is amended by striking out “certifiant que l’instance est un recours collectif” and substituting “certifiant l’instance comme recours collectif”. 6 The Act is amended by adding the following section: Early resolution of issues 4.1 If, before the hearing of the motion for certification, a motion is made under the rules of court that may d ispose of the proceeding in whole or in part, or narrow the issues to be determined or the evidence to be adduced in the proceeding, that motion shall be heard and disposed of before the motion for certification, unless the court orders that the two motions be heard together. 7 (1) Subsection 5 (1) of the Act is amended by striking out the portion before clause (

a) and substituting the following: Certification

(1) The court shall, subject to subsection (6) and to

section 5.1, certify a class proceeding on a motion under

section 2, 3 or 4 if, . . . . .

(2) Section 5 of the Act is amended by adding the following subsections: Same

(1.1) In the case of a motion under

section 2, a class proceeding is the preferable procedure for the resolution of common issues under clause (1) (

d) only if, at a minimum, (

a) it is superior to all reasonably available means of determining the entitlement of the class members to relief or addressing the impugned conduct of the defendant, including, as applicable, a quasi-judicial or administrative proceeding, the case management of individual claims in a civil proceeding, or any remedial scheme or program outside of a proceeding; and (

b) the questions of fact or law common to the class members predominate over an y questions affecting only individual class members. . . . . Existence of other class proceeding

(6) If a class proceeding or proposed class proceeding, including a multi -jurisdictional class proceeding or proposed multi - jurisdictional class proceeding, has been commenced in a Canadian jurisdiction other than Ontario involving the same or similar subject matter and some or all of the same class members as in a proceeding under this Act, the court shall determine whether it would be preferable for some or all of the claims of some or all of the class members, or some or all of the common issues raised by those claims, to be resolved in the proceeding commenced in the other jurisdiction instead of in the proceeding under this Act. Same, considerations

(7) In making a determination under subsection (6), the court shall, (

a) be guided by the following objectives: (

i) ensuring that the interests of all parties in each of the applicable jurisdictions are given due consideration, (ii) ensuring that the ends of justice are served, (iii) avoiding irreconcilable judgments where possible, (iv) promoting judicial economy; and (

b) consider all relevant factors, including, (

i) the alleged basis of liability in each of the proceedings, and any differences in the laws of each applicable jurisdiction respecting such liability and any available relief, (ii) the stage each proceeding has reached, (iii) the plan required to be produced for the purposes of each proceeding, inclu ding the viability of the plan and the available capacity and resources for advancing the proceeding on behalf of the class,

17 (iv) the location of class members and representative plaintiffs in each proceeding, including the ability of a representative plaintiff to participate in a proceeding and to represent the interests of class members, (

v) the location of evidence and witnesses, and (vi) the ease of enforceability in each applicable jurisdiction. Motion for determination under subs. (6)

(8) The court, on the motion of a party or class member made before the hearing of the motion for certification , may make a determination under subsection (6) with respect to a proceeding under this Act, and, in doing so, may make any orders it considers appropriate respecting the proceeding, including, (

a) staying the proceeding; and (

b) imposing such terms on the parties as the court considers appropriate.

(3) The French version of subsection 5 (2) of the Act is amended by striking out “certifier qu’il s’agit d’un recours collectif” in the portion before clause (

a) and substituting “certifier le recours collectif”.

(4) The French version of subsection 5 (5) of the Act is amended by striking out “certifiant qu’il s’agit d’un recours collectif” and substituting “certifiant un recours collectif”. 8 The Act is amended by adding the following section: Motion to certify, multi-jurisdictional class proceeding 5.1

(1) The court may make any order it considers appropriate on a motion to certify a multi -jurisdictional class proceeding, including, (

a) certifying the proceeding if, (

i) the conditions set out in subsection 5 (1) are met, and (ii) the court determines, having regard to subsections 5 (6) and (7), that Ontario is the appropriate venue for the proceeding; (

b) refusing to certify the proceeding if the court determines that it should proceed as a multi-jurisdictional class proceeding or proposed multi-jurisdictional class proceeding in another jurisdiction; or (

c) refusing to certify the proceed ing with respect to class members that the court determines may be included as class members in a class proceeding or proposed class proceeding in another Canadian jurisdiction. Same

(2) In making an order under clause (1) (a), the court may, (

a) divide the class into Ontario resident and non-resident subclasses; (

b) appoint a separate representative plaintiff for each subclass; and (

c) specify, for the purposes of

section 9, the manner and time of opting out of the multi-jurisdictional class proceeding with respect to each subclass. 9 The French version of

section 6 of the Act is amended by striking out “certifier qu’une instance est un recours collectif” in the portion before paragraph 1 and substituting “certifier une instance comme recours collectif”. 10

Section 7 of the Act is repealed and the following substituted: Refusal to certify 7

(1) If the court refuses to certify a proceeding as a class proceeding, the court shall consider whether notice of the refusal should be given under

section 19, and whether such notice should include, (

a) an account of the conduct of the proceeding; (

b) a statement of the result of the proceeding; (

c) any other prescribed information; and (

d) any other information the court considers appropriate. Proceeding may continue in altered form

(2) If the court refuses to certify a proceeding as a class proceeding, the court may permit the proceeding to continue as one or more proceedings between different parties and, for the purpose, the court may, (

a) order the addition, deletion or substitution of parties; (

b) order the amendment of the pleadings or notice of application; and

18 (

c) make any further order that it considers appropriate. 11

(1) The French version of subsection 8 (1) o f the Act is amended by striking out “certifiant que l’instance est un recours collectif” in the portion before clause (

a) and substituting “certifiant l’instance comme recours collectif”.

(2) The French version of subsection 8 (3) of the Act is amended b y striking out “certifiant qu’une instance est un recours collectif” at the end and substituting “certifiant une instance comme recours collectif”. 12 The French version of

section 9 of the Act is amended by striking out “l’ordonnance certifiant le recours collectif” at the end and substituting “l’ordonnance de certification”. 13

(1) The French version of subsection 10 (1) of the Act is amended by striking out “modifier ou annuler l’ordonnance certifiant le recours collectif,” and substituting “modifier l’ordonnance de certification de l’instance, révoquer la certification de l’instance”.

(2) The French version of subsection 10 (2) of the Act is amended by striking out “ordonnance d’annulation de l’ordonnance certifiant le recours collectif” and substituting “ordonnance révoquant la certification”. 14

Section 12 of the Act is repealed and the following substituted: Court may determine conduct of proceeding 12 The court, on its own initiative or on the motion of a party or class member, may make any order it considers appropriate respecting the conduct of a proceeding under this Act to ensure its fair and expeditious determination and, for the purpose, may impose such terms on the parties as it considers appropriate. 15

Section 13 of the Act is amended by striking out “the class proceeding before it” and substituting “the proceeding under this Act before it”. 16 The Act is amended by adding the following section: Carriage motions 13.1

(1) In this section, “carriage motion” means a motion for an order under this section. Stay of other proceedings

(2) Where two or more proceedings under this Act involve the same or similar subject matter and some or all of the same class members, the court may, on the motion of a representative plaintiff in one of the proceedings, order that one or more of the proceedings be stayed. Timing

(3) A carriage motion shall be made no later than 60 days after the day on which the first of the proceedings was commenced, and shall be heard as soon as is practicable. Considerations

(4) On a carriage motion, the court shall determine which proceed ing would best advance the claims of the class members in an efficient and cost-effective manner, and shall, for the purpose, consider, (

a) each representative plaintiff’s theory of its case, including the amount of work performed to date to develop and support the theory; (

b) the relative likelihood of success in each proceeding, both on the motion for certification and as a class proceeding; (

c) the expertise and experience of, and results previously achieved by, each solicitor in class proceedings lit igation or in the substantive areas of law at issue; and (

d) the funding of each proceeding, including the resources of the solicitor and any applicable third -party funding agreements as defined in

section 33.1, and the sufficiency of such funding in the circumstances. Decision final

(5) The decision of the court on a carriage motion is final and not subject to appeal. Bar on proceedings without leave

(6) In making an order under this

section staying a proceeding, the court shall also bar the commencemen t, without leave of the court, of any proceeding under this Act involving the same or similar subject matter and some or all of the same class members. Costs

(7) Solicitors for the representative plaintiffs who are parties to the carriage motion shall bear the costs of the motion, and shall not attempt to recoup any portion of the costs from the class or any class member, or from the defendant.

19 Bar on proceedings without leave following motion period

(8) Despite

section 2, a proceeding may not be commenced under that

section without leave of the court if, (

a) the proceeding would involve the same or similar subject matter and some or all of the same class members as an existing proceeding under this Act; and (

b) more than 60 days have passed since the existing proceeding was commenced. 17 Subsection 14 (1) of the Act is amended by striking out “ at any time in a class proceeding” and substituting “at any time in a proceeding under this Act”. 18

(1) The French version of subsection 17 (1) of the A ct is amended by striking out “un avis les informant que le recours collectif est certifié” and substituting “un avis de certification du recours collectif”.

(2) The French version of the following subsections of the Act is amended by striking out “points” wherever it appears and substituting in each case “facteurs”: 1. Subsection 17 (2). 2. Subsection 17 (3). (3) Subsections 17 (4) to (6) of the Act are repealed and the following substituted: Means of giving notice

(4) The court may, for the purposes of subsection (3), order that notice be given by any of the following means or combination of the following means, and may order that notice be given to different class members by different means: 1. Personally or by mail. 2. By posting, advertising, publishing or leafleting. 3. By individual notice to a sample group within the class. 4. By any electronic means the court considers appropriate. 5. By any means that may be prescribed. 6. By any other means the court considers appropriate. Contents of notice

(5) Unless the court orders otherwise, notice under this

section shall, (

a) describe the proceeding, including the names and addresses of the representative parties and the relief sought; (

b) state the manner by which and time within which class members may opt out of the proceeding; (

c) describe the possible financial consequences of the proceeding to class members; (

d) summarize any agreements between representative parties and their solicitors respecting fees and disbursements; (

e) indicate whether there is a third-party funding agreement as defined in

section 33.1 between the representative plaintiff and a funder and, if so, provide a description of the payment to which the funder is entitled under the agreement; (

f) describe any counterclaim being asserted by or against the class, including the relief sought in the counterclaim; (

g) state that the judgment, whether favourable or not, will bind all class members who do not opt out of the proceeding; (

h) describe the right of any class member to participate in the proceeding; (

i) provide contact information for a person or entity to whom class members may direct inquiries about the proceeding; (

j) include the prescribed information; and (

k) include any other information the court considers appropriate. Court to consider circumstances

(6) The court shall make such orders under subsections (3), (4) and (5) as are necessary to ensure that the notice given is the best notice that is practicable in the circumstances.

(4) Section 17 of the Act is amended by adding the following subsection: Public Guardian and Trustee

(8) Notice ordered to be given under this

section shall be served on the Public Guardian and Trustee if there is a reasonable possibility that the Public Guardian and Trustee is authorized to act on behalf of one or more class members. 19 Subsections 18 (2) and (3) of the Act are repealed and the following substituted:

20 Order respecting notice

(2) The court shall make an order setting out when and by what means notice shall be given under this section, and in so doing shall have regard to the factors set out in subsection 17 (3). Means of giving notice

(3) The court may, for the purposes of subsection (2), order that notice be given by any of the following means or combination of the following means, and may order that notice be given to different class members by different means: 1. By any means referred to in paragraphs 1 to 4 of subsection 17 (4). 2. By any means that may be prescribed. 3. By any other means the court considers appropriate. Contents of notice

(4) Unless the court orders otherwise, notice under this

section shall, (

a) state that common issues have been determined in favour of the class; (

b) state that class members may be entitled to individual relief; (

c) describe the steps to be taken to establish an individual claim; (

d) state that failure on the part of a class member to take those steps will result in the member not being entitled to assert an individual claim except with leave of the court; (

e) provide contact information for a person or entity to whom class members may direct inquiries about the proceeding; (

f) include the prescribed information; and (

g) include any other information the court considers appropriate. Court to consider circumstances

(5) The court shall make such orders under subsections (2), (3) and (4) as are necessary to ensure that the notice given is the best notice that is practicable in the circumstances. 20

Section 19 of the Act is repealed and the following substituted: Notice to protect interests of affected persons 19

(1) At any time in a proceeding under this Act, the court may order any party to give such notice as it considers necessary to protect the interests of any class member or party, or to ensure the fair conduct of the proceeding. Order respecting notice

(2) The court shall make an order setting out when and by what means notice shall be given under this section, and in so doing shall have regard to the factors set out in subsection 17 (3). Means of giving notice

(3) The court may, for the purposes of subsection (2), order that notice be given by any of the following means or combination of the following means, and may order that notice be given to different class members by different means: 1. By any means referred to in paragraphs 1 to 4 of subsection 17 (4). 2. By any means that may be prescribed. 3. By any other means the court considers appropriate. Court to consider circumstances

(4) The court shall make such orders under subsections (2) and (3) as are necessary to ensure that the notice given is the best notice that is practicable in the circumstances. 21

Section 20 of the Act is repealed and the following substituted: Notices, general requirements Plain language 20

(1) A notice under

section 17, 18 or 19 shall be written in a plain language manner. Bilingual

(2) A notice under

section 17, 18 or 19 shall be written in English and in French, unless the court orders otherwise.

21 Court approval

(3) A notice under

section 17, 18 or 19 shall be approved by the court before it is given. 22

Section 22 of the Act is amended by adding the following subsection: Exception, costs of notice of certification

(1.1) Despite subsection (1), the costs of any notice under

section 17 may be awarded to the representative plaintiff only in the event of success in the class proceeding and, for greater certainty, shall not be ordered to be paid by the defendant at any earlier time in the proceeding. 23 (1) Subsections 26 (4), (5) and (6) of the Act are repealed.

(2) Section 26 of the Act is amended by adding the following subsections: Duty of person, entity administering distribution

(11) A person or entity administering the distribution of an award under

section 24 or 25 shall do so in a competent and diligent manner. Report

(12) No later than 60 days after the date on which an award made under

section 24 is fully distributed, including any distribution under subsection (10) or

section 27.2, the person or entity who administered the distr ibution shall file with the court a report containing their best information respecting the following: 1. The amount of the award. 2. The total number of class members. 3. Information respecting the number of class members identified in each affidavit filed under subsection 5 (3) in the motion for certification. 4. The number of class members who received notice associated with the distribution, and a description of how notice was given. 5.

The number of class members who made a claim for monetary relief and, of them, the numbers of class members who did and who did not receive the relief. 6. The amount of the award distributed to class members and a description of how the award was distributed. 7. The amount and recipients of any distribution under subsection (10) or

section 27.2. 8. The number of class members who opted out of the class proceeding. 9. The smallest and largest amounts distributed to class members, the average and the median of the amounts distributed to class members, and any other aggregate data respecting the distribution that the person or entity who administered the distribution considers to be relevant. 10. The administrative costs associated with the distribution of the award. 11. The solicitor fees and disbursements. 12. Any amount paid to the Class Proceedings Fund established under the Law Society Act or to a funder under a third-party funding agreement approved under

section 33.1. 13. Any other information the court requires to be included in the report. Same

(13) Once the court is satisfied that the requirements of subsection (12) have been met with respect to a filed report, the court shall make an order approving the report and append the report to the order . Same

(14) If the regulations so provide, the person or entity who administered the distribution, or such other person or entity as may be prescribed, shall provide, in accordance with the regulations, a copy of the approved report to the person or entity specified by the regulations. 24 The French ve rsion of subsection 27 (3) of the Act is amended by striking out “l’ordonnance certifiant le recours collectif” wherever it appears and substituting in each case “l’ordonnance de certification”. 25 The Act is amended by adding the following sections: Settlement 27.1

(1) A proceeding under this Act may be settled only with the approval of the court.

22 Subclass

(2) A settlement may be concluded in relation to the common issues affecting a subclass only with the approval of the court. Not binding without court approval

(3) A settlement under this

section is not binding unless approved by the court. Effect of settlement

(4) If a proceeding is certified as a class proceeding, a settleme nt under this

section that is approved by the court binds every member of the class or subclass, as the case may be, who has not opted out of the class proceeding, unless the court orders otherwise. Settlement must be fair and reasonable

(5) The court shall not approve a settlement unless it determines that the settlement is fair, reasonable and in the best interests of the class or subclass members, as the case may be. Differences not a bar

(6) The court may approve a settlement even if individual class or subclass members, including a representative party, are subject to different settlement terms. Evidentiary requirements

(7) On a motion for approval of a settlement, the moving party shall make full and frank disclosure of all materials facts, including, in one or more affidavits filed for use on the motion, the party’s best information respecting the following matters, which the court shall consider in determining whether to approve the settlement: 1. Evidence as to how the settlement meets the requirements of subsection (5). 2. Any risks associated with continued litigation. 3. The range of possible recoveries in the litigation. 4. The method used for valuation of the settlement. 5.

The total number of class or subclass members, as the case may be. 6. A plan for allocating and distributing the settlemen t funds, including any proposal respecting the appointment of an administrator under subsection (14), and the anticipated costs associated with the distribution. 7. The number of class or subclass members expected to make a claim under the settlement and, of them, the numbers of class or subclass members who are and who are not expected to receive settlement funds. 8.

The number of class or subclass members who have objected or are expected to object to the settlement, and the nature or anticipated nature of the objections. 9. A plan for giving notice of the settlement to class or subclass members in the event of an order under

section 19, and the number of class or subclass members who are expected to obtain the notice. 10. Any other prescribed information. Notice of settlement hearing

(8) The court shall consider whether notice of a hearing of a motion for approval of a settlement should be given under

section 19, and whether such notice should include, (

a) a statement of the purpose of the hearing; (

b) the process for objecting to the approval of the settlement; (

c) any other prescribed information; and (

d) any other information the court considers appropriate. Public Guardian and Trustee

(9) Notice of a motion for approval of a settleme nt and other materials filed on the motion, as well as any notice given under subsection (8), shall be served on the Public Guardian and Trustee, if there is a reasonable possibility that the Public Guar dian and Trustee is authorized to act on behalf of one or more class or subclass members. Same

(10) An entitlement to receive materials under subsection (9) includes an entitlement to make submissions at the hearing of the motion, unless the court orders otherwise.

23 Children’s Lawyer

(11) If there is a reasonable possibility that the class or subclass includes minors, the court may direct that, (

a) the notice of motion and other materials filed on the motion be served on the Children’s Lawyer; and (

b) the Children’s Lawyer make any recommendations it may have in connection with the proposed settlement in writing to the court. Notice of settlement approval

(12) In approving a settlement, the court shall consider whether notice of the settlement should be given under

section 19, and whether such notice should include, (

a) an account of the conduct of the proceeding; (

b) a statement of the result of the proceeding; (

c) a description of any plan for distributing settlement funds; (

d) any other prescribed information; and (

e) any other information the court considers appropriate. Supervisory role of the court

(13) The court shall supervise the administration and implementation of the settlement. Court-appointed administrator

(14) The court may appoint a person or entity to act as an administrator to administer the distribution of settlement funds. Duty of administrator, other person or entity

(15) An administrator appointed by the court or, if no administrator is appointed, the person or entity who administers the distribution of the settlement funds, shall administer the distribution in a competent and diligent manner. Report

(16) No later than 60 days after the date on which the settlement funds are fully distributed, including any distribution under

section 27.2, the administrato r or other person or entity who administered the distribution shall file with the court a report containing their best information respecting the following: 1. The amount of the settlement funds before distribution. 2. The total number of class or subclass members. 3. Information respecting the number of class members identified in each affidavit filed under subsection 5 (3) in the motion for certification. 4. The number of class members who received notice associated with the distribution, and a description of how notice was given. 5.

The number of class or subclass members who made a claim under the settlement and, of them, the numbers of class or subclass members who did and who did not receive settlement funds. 6. The amount of the settlement funds distributed to class or subclass members and a description of how the settlement funds were distributed. 7. The amount and recipients of any distribution under

section 27.2, and the amount, if any, that was subject to reversion or otherwise returned to the defendant. 8. The number of class or subclass members who objected to the settlement and the nature of their objections. 9. The number of class or subclass members who opted out of the class proceeding. 10.

The smallest and largest amounts dist ributed to class or subclass members, the average and the median of the amounts distributed to class or subclass members, and any other aggregate data respecting the distribution that the administrator or other person or entity who administered the distribution considers to be relevant. 11. The administrative costs associated with the distribution of the settlement funds. 12. The solicitor fees and disbursements. 13. Any amount paid to the Class Proceedings Fund established under the Law Society Act or to a funder under a third-party funding agreement approved under

section 33.1. 14. Any other information the court requires to be included in the report.

24 Same

(17) Once the court is satisfied that the requirements of subsection (16) have been met with respect to a filed report, the court shall make an order approving the report and append the report to the order. Same

(18) If the regulations so provide, the administrator or other person or entity who administered the distribution, or such other person or entity as may be prescribed, shall provide , in accordance with the regulations, a copy of the approved report to the person or entity specified by the regulations. Distribution on cy-près basis Award amounts 27.2

(1) The court may order that all or part of an award under

section 24 that has not been distributed to class or subclass members within a time set by the court be paid to the person or entity determined under subsection (3) on a cy-près basis, if the court is satisfied that , using best reasonable efforts, it is not practical or possible to compensate class or subclass members directly. Settlement funds

(2) In approving a settlement under

section 27.1, the court may approve settlement terms that provide for the payment of all or part of the settlement funds to the person or entity determined under subsection (3) on a cy-près basis, if the court is satisfied that, using best reasonable efforts, it is not practical or possible to compensate class or subclass members directly. Recipient

(3) For the purposes of subsections (1) and (2), payment may be made on a cy-près basis to, (

a) a registered charity within the meaning of the Income Tax Act (Canada) or non-profit organization that is agreed on by the parties, if the court determines that payment of the amount to the registered charity or non-profit organization would reasonably be expected to directly or indirectly benefit the class or subclass members; or (

b) Legal Aid Ontario, in any other case. Subrogated claims 27.3

(1) In this section, “subrogated claim” means a claim that is prescribed as a subrogated claim. Notice of subrogated claim

(2) No later than 21 days after a proceeding that includes or may include a subrogated claim is commenced under

section 2, the person who commenced the proceeding shall ser ve the statement of claim or notice of application on the per son or entity specified by the regulations in respect of the subrogated claim for the purposes of this subsection. Requirement for settlement approval

(3) If the regulations so provide, the court shall not approve the settlement of a proceeding under this Act that includes a subrogated claim unless the person or entity specified by the regulations in respect of the subrogated claim for the purposes of this subsection has had a reasonable opportunity to consider the proposed settlement a nd has given approval in writing of the proposed settlement of the subrogated claim in advance of the hearing of the motion to approve the settlement. 26 Sections 28 and 29 of the Act are repealed and the following substituted: Limitations Suspension in favour of class member 28

(1) Any limitation period applicable to a cause of action asserted in a proceeding under this Act is suspended in favour of a class member on the commencement of the proceeding and, subject to subsection (2), resumes running against the class member when, (

a) the court refuses to certify the proceeding as a class proceeding; (

b) the court makes an order that the cause of action shall not be asserted in the proceeding; (

c) the court makes an order that has the effect of excluding the member from the proceeding; (

d) the member opts out of the class proceeding; (

e) an amendment that has the effect of excluding the member from the class is made to the certification order; (

f) a decertification order is made under

section 10; (

g) the proceeding is dismissed without an adjudication on the merits, including for delay under

section 29.1 or otherwise;

25 (

h) the proceeding is abandoned or discontinued with the approval of the court; or (

i) the proceeding is settled with the approval of the court, unless the settlement provides otherwise. Effect of appeal

(2) If there is a right of appeal in respect of an event described in subsection (1), the limitation period resumes running as soon as the time for appeal has expired without an appeal being commenced or as soon as any such appeal has been finally disposed of. Suspension in favour of defendant

(3) Any limitation period applicable to a claim by a defendant for contribution and indemnity in a proceeding commenced under

section 2 is suspended in favour of the defendant on the commencement of the proceeding, and resumes running against the defendant as soon as the time for appeal of the court’s decision to certify or refuse to certify the proceeding has expir ed without an appeal being commenced or as soon as any such appeal has been finally disposed of. Discontinuance, abandonment and dismissal for delay Court approval required 29

(1) A proceeding under this Act may be discontinued or abandoned only with the approval of the court, on such terms as the court considers appropriate. Notice

(2) In approving a discontinuance or abandonment, or in dismissing a proceeding for delay, other than under

section 29.1, the court shall consider whether notice should be given under

section 19, and whether such notice should include, (

a) an account of the conduct of the proceeding; (

b) a statement of the result of the proceeding; (

c) any other prescribed information; and (

d) any other information the court considers appropriate. Mandatory dismissal for delay 29.1

(1) The court shall, on motion, dismiss for delay a proceeding commenced under

section 2 unless, by the first anniversary of the day on which the proceeding was commenced, (

a) the representative plaintiff has filed a final and complete motion record in the motion for certification; (

b) the parties have agreed in writing to a timetable for service of the representative plaintiff’s motion record in the motion for certification or for completion of one or more other steps required to advance the proceeding, and have filed the timetable with the court; (

c) the court has ordered that the proceeding not be dismissed and has established a timetable for service of the representative plaintiff’s motion record in the motion for certification or for the completion of one or more other steps require d to advance the proceeding; or (

d) any other steps, occurrences or circumstances specified by the regulations have taken place. Notice

(2) If a proceeding is dismissed for delay under subsection (1), the court shall order that the solicitor for the repr esentative plaintiff give notice of the dismissal by, (

a) publishing the notice and a copy of the order on the website of the solicitor or of the law firm or other entity through which the solicitor practices law; (

b) sending the notice and a copy of the order to every class member who has contacted the solicitor to express an interest in the proceeding; and (

c) taking any other steps to give notice that the court may specify. Same

(3) Section 20 applies, with necessary modifications, with respect to a notice required to be given under subsection (2). Costs

(4) The solicitor for the representative plaintiff shall bear the costs of giving notice under subsection (2), and shall not attempt to recoup any portion of the costs from the class or any class member, or from the defendant. 27 (1) Subsections 30 (1) and (2) of the Act are repealed and the following substituted:

26 Appeals Appeals: certification

(1) A party may appeal to the Court of Appeal from an order, (

a) certifying or refusing to certify a proceeding as a class proceeding; or (

b) decertifying a proceeding. No amendments of materials on appeal

(2) The appellant may not materially amend the notice of certification motion, pleadings or notice of application on an appeal of an order refusing to ce rtify a proceeding as a class proceeding, e xcept with leave of the court in exceptional or unforeseen circumstances. (2) Subsection 30 (4) of the Act is repealed and the following substituted: Appeals by class members on behalf of the class

(4) If a representative party does not appeal as permitted by subsection (1), or if a representative party abandons an appeal, any class member may make a motion to the court for leave to act as the representative party for the purposes of an appeal under that subsection. (3) Subsections 30 (6), (7) and (8) of the Act are amended by striking out “and awarding more than $3,000 to the member” wherever it appears and substituting in each case “and awarding the member an amount that is equal to or greater than the monetary jurisdiction of the Small Claims Court”. (4) Subsections 30 (9), (10) and (11) of the Act are amended by striking out “and awarding $3,000 or less to the member” wherever it appears and substituting in each case “and awarding the member an amount that is less than the monetary jurisdiction of the Small Claims Court”. 28 Subsection 31 (1) of the Act is amended by striking out “the class proceeding” and substituting “the proceeding”. 29

(1) Section 32 of the Act is amended by adding the following subsections: Fees must be fair and reasonable

(2.1) The court shall not approve an agreement unless it determines that the fees and disbursements required to be paid under the agreement are fair and reasonable, taking into account, (

a) the results achieved for the class members, including the number of class or subclass members expected to make a claim for monetary relief or settlement funds and, of them, the number of class or subclass members who are a nd who are not expected to receive monetary relief or settlement funds; (

b) the degree of risk assumed by the solicitor in providing representation; (

c) the proportionality of the fees and disbursements in relation to the amount of any monetary award or settlement funds; (

d) any prescribed matter; and (

e) any other matter the court considers relevant. Same

(2.2) In considering the degree of risk assumed by the solicitor, the court shall consider, (

a) the likelihood that the court would refuse to certify the proceeding as a class proceeding; (

b) the likelihood that the class proceeding would not be successful; (

c) the existence of any other factor, including any report, investigation, litigation, initiative or funding arrangement, that affected the degree of risk assumed by the solicitor in providing representation; and (

d) any other prescribed matter. Same

(2.3) In determining whether the fees and disbursements are fair and reasonable, the court may, by way of comparison, consider different methods by which the fees and disbursements could have been structured or determined.

(2) The French version of subsection 32 (3) of the Act is amended by striking out “les sommes qui font l’objet d’une transaction” and substituting “les fonds de transaction”.

(3) Section 32 of the Act is amended by adding the following subsections: Considerations

(5) In making an order under clause (4) (a), the court shall take into account the factors set out in subsection (2.1), in accordance with subsections (2.2) and (2.3).

27 Holdback

(6) The court may determine and specify an amount or portion of the fees and disbursements owing to the solicitor under this

section that shall be held back from payment until, (

a) the report required under subsection 26 (12) or 27.1 (16), as the case may be, has been filed with the court and the court is satisfied that it meets the requirements of that subsection; and (

b) the court is satisfied with the distribution of the monetary award or settlement funds in the circumstances, including the number of class or subclass members who made a claim for monetary relief or settlement funds and, of them, the number of class or subclass members who did and who did not receive monetary relief or settlement funds. 30 (1) Subsection 33 (1) of the Act is amended by striking out “Despite the Solicitors Act and

An Act Respecting Champerty, being

chapter 327 of Revised Statutes of Ontario, 1897, a sol icitor” at the beginning and substituting “A solicitor”. (2) Subsection 33 (2) of the Act is repealed. (3) Clause 33 (7) (

b) of the Act is repealed and the following substituted: (

b) may apply a multiplier to the base fee; and (4) Subsection 33 (9) of the Act is repealed and the following substituted: Same

(9) In making a determination under clause (7) (b), the court shall take into account the factors set out in subsection 32 (2.1), in accordance with subsections (2.2) and (2.3) of that section. 31 The Act is amended by adding the following section: Third-party funding agreements 33.1

(1) In this section, “third-party funding agreement” means an agreement in which a funder who is not a party to a proceeding under this Act agrees to indemnify the representative plaintiff or provide money to pursue the pro ceeding under this Act, in return for a share of any monetary award or settlement funds or for any other consideration. Contingent on court approval

(2) A third-party funding agreement is subject to the approval of the court, obtained on a motion of the representative plaintiff made as soon as practicable after the agreement is entered into, with notice to the defendant. No force or effect unless approved

(3) A third-party funding agreement that is not approved by the court is of no force or effect. Agreement to be provided to defendant and filed

(4) For the purposes of the motion, the representative plaintiff shall serve on the defendant, or provide in any other way the court orders, a copy of the third-party funding agreement, and shall file the copy with the court. Permissible redaction

(5) The representative plaintiff m ay, subject to the regulations, redact from the copy of the third -party funding agreement provided and filed under subsection (4) information that may reasonably be considered to confer a tactical advantage on the defendant, but no other information shall be redacted from the copy. Agreement to be provided to judge

(6) The representative plaintiff shall provide to the judge who will be presiding at the hearing of the motion a copy of the complete and unredacted third-party funding agreement, which shall not form part of the court file. Requirement to disclose

(7) The court may order the r epresentative plaintiff to disclose to a defendant any information in the third -party funding agreement that has been redacted in accordance with subsection (5). Submissions

(8) The defendant is entitled to make submissions at the hearing of the motion. Factors

(9) The court shall not approve a third-party funding agreement unless, (

a) the court is satisfied that,

28 (

i) the agreement, including indemnity for costs and amounts payable to the funder under the agreement, is fair and reasonable, (ii) the agreement will not diminish the rights of the r epresentative plaintiff to instruct the solicitor or control the litigation or otherwise impair the solicitor-client relationship, (iii) the funder is financially able to satisfy an adverse costs award in the proceeding, to the extent of the indemnity provided under the agreement, and (iv) any prescribed requirements and other relevant requirements are met; and (

b) it is a term of the agreement that the funder shall be subject to, (

i) the same confidentiality requirements in respect of confidential or privileged information in the proceeding to which the representative plaintiff would be subject, and (ii) the deemed undertaking rules set out under the rules of court, as if the funder were a party to the proceeding. Same, independent legal advice

(10) In determining whether a third-party funding agreement meets the requirements of clause (9) (a), the court shall consider whether the representative plaintiff received independent legal advice with respect to the agreement. Indemnity for costs

(11) If costs are ordered to be paid by the representative plaintiff, the defendant has the right to recover the costs directly from the funder, to the extent of the indemnity provided under an approved third -party funding agreement. Security for costs

(12) The defendant is entitled, on motion, to obtain from the funder security f or costs to the extent of the indemnity provided under an approved third-party funding agreement, if, (

a) the funder is ordinarily resident outside Ontario; (

b) the defendant has an order against the funder for costs in the same or another proceeding that remain unpaid in whole or in part; or (

c) there is good reason to believe that the funder has insufficient assets in Ontario to pay the costs. Directions

(13) The court may give any necessary directions respecting a dispute or question that arises in relation to a third-party funding agreement. Changes to agreements

(14) This

section applies, with necessary modifications, with respect to any changes to an approved third -party funding agreement that are agreed to by the parties to it. Notice of termination

(15) The representative plaintiff shall give notice to the court and to the defendant if, (

a) an approved third-party funding agreement is terminated; or (

b) the funder becomes insolvent. Non-application

(16) This

section does not apply with respect to funding provided out of the Class Proceedings Fund established under the Law Society Act. 32

(1) Section 34 of the Act is amended by adding the following subsection: Exception (1.1) Subsection (1) does not apply with respect to a carriage motion under

section 13.1 , which shall be heard by a different judge unless the parties to the carriage motion agree otherwise. (2) Subsection 34 (3) of the Act is amended by striking out “subsection (1) or (2)” and substituting “subsection (1), (1.1) or (2)”. 33

Section 35 of the Act is amended by striking out “class proceedings” at the end and substituting “proceedings under this Act”. 34

Section 37 of the Act is amended by adding “and” at the end of clause (a), by striking out “and” at the end of clause (

b) and by striking out clause (c). 35 Sections 38 and 39 of the Act are repealed and the following substituted:

29 Regulations Minister 38

(1) The Minister may make regulations, (

a) respecting any matter that, under this Act, may or must be prescribed or done by regulation, other than by the Lieutenant Governor in Council under subsection (2); (

b) governing the registration of proceedings commenced under this Act; (

c) providing for the establishment of registries of class proceedings or classes of class proceedings commenced in Canada, or of proposed class proceedings, and governing the registries, including requiring and governing their use; (

d) for the purposes of subsection 26 (14), requiring the person or entity who administered the distribu tion, or such other person or entity as the regulations may specify, to provide a copy of the approved report to the person or entity specified by the regulations, and governing the time and manner in which the copy is required to be provided; (

e) for the purposes of subsection 27.1 (18), requiring the administrator or other person or entity who administered the distribution, or such other person or entity as the regulations may specify , to provide a copy of the approved report to the person or entity specified by the regulations, and governing the time and manner in which the copy is required to be provided. Lieutenant Governor in Council

(2) The Lieutenant Governor in Council may make regulations, (

a) respecting any matter that, under

section 27.3, may or must be prescribed or done by regulation; (

b) for the purposes of subsection 33.1 (5), setting out information that shall not be redacted from a copy of a third -party funding agreement. Transition 39

(1) Except as otherwise provided by this section, this Act, as it read immediately before

section 35 of

Schedule 4 to the

Document details

Collection	Ontario — Bills
Citation	p42 s1 bill 161 b161 e.pdf
Type	bill
Volume / chapter	p42 s1 bill 161 b161 e.pdf
Language	en
Format	json
Source	PROVINCIAL
Identifier	2c65a505d38f0a90d188d2f649fc550a5bbcfd47

Source file is stored in the law ingest library (json).