O. Reg. 478/09: GENERAL


Published: 2009-12-11

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ontario regulation 478/09

made under the

Civil Remedies Act, 2001

Made: December 9, 2009
Filed: December 11, 2009
Published on e-Laws: December 14, 2009
Printed in The Ontario Gazette: December 26, 2009


Amending O. Reg. 91/02

(General)

1. Sections 2 and 3 of Ontario Regulation 91/02 are revoked and the following substituted:

Funding

2. (1) When the Superior Court of Justice makes an order for payment of reasonable legal expenses under section 5 or 10 of the Act and the conversion of non-monetary property to money is necessary in order to comply with the payment order, the court shall vary an interlocutory order made under section 4 or 9 of the Act, as the case may be, to allow the Director of Asset Management — Civil to convert the property, unless it would be unjust to do so.

(2) If an interlocutory order varied under subsection (1) is made in respect of more than one property, the Superior Court of Justice shall, in varying the order, specify which property or properties may be converted.

Monetary limits

3. (1) The monetary limit for payments under orders made under section 5 or 10 of the Act in respect of property that is the subject of a proceeding is the lesser of,

(a) 15 per cent of the value of the property; and

(b) the amount which would be paid for legal services under a legal aid certificate in connection with a civil matter, as calculated under subsection (3).

(2) For the purposes of clause (1) (a), the value of non-monetary property is the realizable value less the costs of conversion, the payment of all liens or other encumbrances that attach to the property, and any costs to the Director of Asset Management — Civil incurred under an interlocutory order for the preservation, management and disposition of the property up to conversion.

(3) For the purposes of clause (1) (b), the amount which would be paid under a legal aid certificate in connection with a civil matter shall be calculated with reference to Ontario Regulation 107/99 (General) made under the Legal Aid Services Act, 1998 as follows, with necessary modifications:

1. Lawyers’ fees shall be calculated at the hourly rate set out in Part I of Schedule 2 to that regulation, up to the maximum hours set out in Part II of Schedule 2 to that regulation.

2. Costs for travel time shall be calculated in accordance with item 23 of Part IV of Schedule 2 to that regulation.

3. Fees for services of law clerks, articled students and investigators shall be calculated based on Schedule 3 to that regulation.

4. Disbursements shall be calculated in accordance with Schedule 6 to that regulation.

(4) The monetary limit under subsection (1) is the maximum that is available for all claimants in respect of the same property.

2. The Regulation is amended by adding the following section:

Prescribed Offences Constituting Vehicular Unlawful Activity (Section 11.1 of the Act)

Prescribed offences, Criminal Code

(Canada)

3.1 Offences under the following provisions of the Criminal Code (Canada) are prescribed offences for the purposes of clause (a) of the definition of “vehicular unlawful activity” in section 11.1 of the Act:

1. Subsection 249.1 (3) (Flight causing bodily harm or death).

2. Section 249.2 (Causing death by criminal negligence (street racing)).

3. Section 249.3 (Causing bodily harm by criminal negligence (street racing)).

4. Section 249.4 (Dangerous operation of motor vehicle while street racing).

5. Subsection 259 (4) (Operation while disqualified).

3. Subsection 4 (1) of the Regulation is amended by striking out “and in Ontario Reports” at the end.

4. (1) Items 1, 2, 3, 4, 5 and 6 of the Table to section 6 of the Regulation are amended by striking out “Ministry of Agriculture and Food” wherever it appears in Column 1 and substituting in each case “Ministry of Agriculture, Food and Rural Affairs”.

(2) Item 1 of the Table to section 6 of the Regulation is amended by striking out “Dead Animal Disposal Act” and “Meat Inspection Act (Ontario)” in Column 2.

(3) Item 1 of the Table to section 6 of the Regulation is amended by adding “Food Safety and Quality Act, 2001” in Column 2.

(4) Item 3 of the Table to section 6 of the Regulation is amended by striking out “Meat Inspection Act (Ontario)” in Column 2 and substituting “Food Safety and Quality Act, 2001”.

(5) Items 7 and 8 of the Table to section 6 of the Regulation are revoked.

(6) Item 11 of the Table to section 6 of the Regulation is amended by striking out “Ministry of Citizenship” in Column 1 and substituting “Ministry of Citizenship and Immigration”.

(7) Item 12 of the Table to section 6 of the Regulation is amended by striking out “Ministry of Consumer and Business Services” in Column 1 and substituting “Ministry of Consumer Services”.

(8) Item 15 of the Table to section 6 of the Regulation is revoked.

(9) Item 16 of the Table to section 6 of the Regulation is amended by striking out “Ministry of Environment and Energy” in Column 1 and substituting “Ministry of Energy and Infrastructure”.

(10) Items 17 and 18 of the Table to section 6 of the Regulation are amended by striking out “Ministry of Environment and Energy” wherever it appears in Column 1 and substituting in each case “Ministry of the Environment”.

(11) Item 18 of the Table to section 6 of the Regulation is amended by adding “Clean Water Act, 2006”, “Nutrient Management Act, 2002” and “Safe Drinking Water Act, 2002” in Column 2.

(12) Item 19 of the Table to section 6 of the Regulation is amended by striking out “Independent Electricity Market Operator” in Column 1 and substituting “Ontario Energy Board”.

(13) Item 23 of the Table to section 6 of the Regulation is revoked and the following substituted:

 


23.


Ministry of Government Services


Assistant Deputy Minister — Corporate Services Division


Course of employment



(14) Item 25 of the Table to section 6 of the Regulation is revoked and the following substituted:

 


25.


Ministry of Natural Resources


Director — Enforcement Branch, Manager — Policy, Standards and Training Section, Manager — Intelligence and Investigations Section, Manager — Program Services Section, Manager — Provincial Enforcement Operations Section


Course of employment



(15) Items 26, 27 and 28 of the Table to section 6 of the Regulation are amended by striking out “Ministry of Public Safety and Security” wherever it appears in Column 1 and substituting in each case “Ministry of Community Safety and Correctional Services”.

(16) The French version of item 29 of the Table to section 6 of the Regulation is amended by striking out “Ministère de la Formation, des Collèges et des Universités” in Column 1 and substituting “Ministère de la Formation et des Collèges et Universités”.

(17) Item 34 of the Table to section 6 of the Regulation is amended by striking out “Shift leaders” in Column 2 and substituting “Enforcement supervisors”.

(18) Item 36 of the Table to section 6 of the Regulation is amended by striking out “Area managers — Drivers and Vehicles” in Column 2 and substituting “Field services co-ordinators”.

(19) Item 43 of the Table to section 6 of the Regulation is amended by striking out “Issuing office supervisors” in Column 2 and substituting “Director of Service Delivery Partnerships Branch”.

(20) Item 45 of the Table to section 6 of the Regulation is revoked and the following substituted:

 


45.


Ministry of Transportation


Contract administrators


Course of employment




46.


Ministry of Transportation


Branding Administrator 


Course of employment




47.


Ministry of Transportation


Structural Inspection Advisor


Course of employment




48.


Ministry of Transportation


Driver examiners


 Course of employment




49.


Ministry of Transportation


Driver Examination Supervisor


Course of employment




50.


Ministry of Transportation


Driver examination customer service agents


Course of employment




51.


Ministry of Transportation


Driver Examination Centre Customer Service Agent Supervisor


Course of employment




52.


ServiceOntario


Issuing office administrators


Course of employment




53.


Any institution under the Municipal Freedom of Information and Protection of Privacy Act


Persons who are police officers as defined in the Police Services Act


Course of employment




5. This Regulation comes into force on the day it is filed.

 

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