O. Reg. 235/03: GENERAL, Under: Prohibiting Profiting from Recounting Crimes Act, 2002, S.O. 2002, c. 2
Prohibiting Profiting from Recounting Crimes Act, 2002
general
Consolidation Period: From October 18, 2021 to the e-Laws currency date.
Last amendment: 675/21.
Legislative History: 151/17, 675/21.
This is the English version of a bilingual regulation.
Definition of Agent (Section 2 of Act)
Substantial connection
1. For the purpose of clause (c) of the definition of “agent” in section 2 of the Act, a person convicted of or charged with a designated crime has a substantial connection to a corporation if,
(a) the person has a beneficial interest in the corporation;
(b) the person exercises or may exercise control either directly or indirectly over the corporation; or
(c) the person has provided or received financing either directly or indirectly to or from the corporation. O. Reg. 235/03, s. 1.
Definition of Designated Crime (Section 2 of Act)
Serious property offences
2. For the purpose of clause (c) of the definition of “designated crime” in section 2 of the Act, the offences under the Criminal Code (Canada) listed in Table 1 are prescribed as serious property offences. O. Reg. 235/03, s. 2.
Orders for Payment of Legal Expenses Re Certain Money or Other Property (Section 8 of Act)
Prescribed purpose
3. An order under section 8 of the Act may apply only to reasonable legal expenses incurred in a proceeding under the Act for the purpose of establishing the person’s claim to an interest in the money or other property. O. Reg. 235/03, s. 3.
Funding
4. When the Superior Court of Justice makes an order under section 8 of the Act for payment of reasonable legal expenses out of money or other property that is subject to an order for the preservation of property made under section 5 or 6 of the Act, the court may also vary the order made under section 5 or 6 of the Act, to allow the Attorney General to convert property to money in order to comply with the payment order. O. Reg. 235/03, s. 4.
Monetary limits
5. Payments under orders made under section 8 of the Act in respect of money or other property that is paid into court in a proceeding commenced under section 4 or 6 of the Act or subject to an order for the preservation of property made under section 5 or 6 of the Act are subject to the following monetary limits:
1. The maximum amount that is available to pay reasonable legal expenses is the amount shown in Column 2 of Table 2 opposite the amount in Column 1 that applies to the property.
2. The amount referred to in paragraph 1 is the maximum that is available for all claimants in respect of the same property.
3. Legal expenses may only be for lawyers’ fees, fees for services of law clerks, articling students and investigators, disbursements and costs for travel time.
4. Except as provided by paragraph 5, the legal expenses shall be calculated as if the expenses were reimbursable under the Legal Aid Services Act, 2020, subject to such modifications that may be required in the circumstances.
5. The legal expenses for lawyers’ fees and fees for services of law clerks, articling students and investigators shall be calculated based on a number of hours worked that the court finds to be reasonable.
6.,7. Revoked: O. Reg. 675/21, s. 1.
O. Reg. 235/03, s. 5; O. Reg. 675/21, s. 1.
Personal Information (Section 11 of Act)
Personal information
6. Subsection 11 (4) of the Act applies to information described in that subsection that is acquired by a person,
(a) in the course of his or her employment; or
(b) in connection to the performance of his or her duties. O. Reg. 235/03, s. 6.
7. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 235/03, s. 7.
TABlE 1
Serious Property Offences under the Criminal Code
(Canada) (Section 2 of Regulation)
|
Column 1 |
Column 2 |
|
Paragraph 46 (2) (b) |
Treason in relation to information |
|
Section 52 |
Sabotage |
|
Section 57 |
Forgery or uttering of a forged passport |
|
Section 74 |
Piracy |
|
Paragraph 77 (c) |
Causing damage to an aircraft |
|
Paragraph 77 (d) |
Placement of things likely to endanger an aircraft |
|
Paragraph 77 (e) |
Damage or interference with any air navigation facility |
|
Paragraph 77 (f) |
Causing serious damage to facilities of a international civil aviation airport |
|
Paragraphs 78.1 (2) (b-d) |
Damage or destruction of a ship, cargo or fixed platform |
|
Section 80 |
Breach of duty of care re: explosives |
|
Paragraphs 81 (1) (a), (c), (d) |
Using explosives (in relation to damaging property) |
|
Subsection 82 (1) |
Possession of explosive substance |
|
Subsection 82 (2) |
Possession of an explosive substance in association with a criminal organization |
|
Section 83.02 |
Providing or collecting property for certain activities |
|
Section 83.03 |
Providing, making available property or services for terrorist purposes |
|
Section 83.04 |
Using or possessing property for terrorist purposes |
|
Sections 83.08, 83.1, 83.11 and 83.12 |
Offences in relation to freezing, disclosure or auditing of terrorist property |
|
Subsections 86 (1) and (3) |
Careless storage of a firearm |
|
Subsection 86 (2) |
Contravention of regulations in relation to shipping, etc. of a firearm |
|
Subsections 88 (1) and (2) |
Possession of a weapon for a dangerous purpose |
|
Subsections 90 (1) and (2) |
Carrying a concealed weapon |
|
Subsection 91 (2) |
Unauthorized possession of a firearm |
|
Subsections 92 (1) and (2) |
Possession of a firearm knowing that its possession is unauthorized |
|
Subsections 93 (1) and (2) |
Possession of a firearm at unauthorized place |
|
Section 94 |
Unauthorized possession in a motor vehicle |
|
Subsections 96 (1) and (2) |
Possession of a weapon obtained by commission of an offence |
|
Subsections 99 (1) and (2) |
Weapons trafficking |
|
Subsections 100 (1) and (2) |
Possession of a weapon for purposes of trafficking |
|
Subsections 101 (1) and (2) |
Transfer without authority |
|
Subsections 102 (1) and (2) |
Altering or manufacturing of automatic firearm |
|
Subsections 103 (1) and (2) |
Importing or exporting firearms, etc. knowing that it is unauthorized |
|
Subsections 104 (1) and (2) |
Unauthorized importing or exporting firearm, etc. |
|
Subsections 105 (1) and (2) |
Failure to report lost or found firearms, etc. |
|
Subsections 106 (1) and (2) |
Failure to report destroyed firearm, etc. |
|
Subsections 107 (1) and (2) |
False statement about a lost or stolen firearm, etc. |
|
Subsections 108 (1) and (2) |
Tampering with the serial number of a firearm, etc. |
|
Subsections 117.01 (1), (2) and (3) |
Possession of a firearm, etc. contrary to order |
|
Subsection 119 (1) |
Bribery of a judicial officer |
|
Section 120 |
Bribery of officers |
|
Section 121 |
Frauds on government |
|
Section 122 |
Breach of trust by public officer |
|
Section 123 |
Municipal corruption |
|
Section 124 |
Selling or purchasing office |
|
Section 125 |
Influencing or negotiating appointments or dealing in offices |
|
Section 131 |
Perjury as it relates to property |
|
Section 137 |
Fabricating evidence where it relates to property |
|
Subsection 139 (2) |
Obstructing justice by bribery and other means |
|
Subsection 140 (1) |
Public mischief (in relation to property offences) |
|
Section 142 |
Corruptly taking reward for recovery of goods |
|
Subsection 163.1 (2) |
Make, print, publish or possess for the purpose of publication child pornography |
|
Subsection 163.1 (3) |
Import, distribute, sell or possess for distribution child pornography |
|
Subsection 163.1 (4) |
Possession of child pornography |
|
Section 170 |
Parent or guardian procuring sexual activity |
|
Section 171 |
Householder permitting sexual activity |
|
Subsection 184 (1) |
Interception of communications using a device |
|
Subsection 184.5 (1) |
Interception of radio based telephone communications |
|
Subsection 212 (1) |
Procuring |
|
Subsection 212 (2) |
Procuring a person under 18 years |
|
Subsection 212 (4) |
Communication for prostitution of person under 18 year |
|
Subsection 251 (1) |
Unseaworthy vessel or unsafe aircraft |
|
Section 300 |
Publishing a defamatory libel known to be false |
|
Section 302 |
Extortion by libel |
|
Section 318 |
Advocating genocide |
|
Sections 322 and 334 |
Theft |
|
Section 324 and Paragraph 334 (a) |
Theft by bailee of things under seizure |
|
Section 326 and Paragraph 334 (a) |
Theft of telecommunications service |
|
Section 328 and Paragraph 334 (a) |
Theft by or from person having special property or interest |
|
Sections 330 and 334 |
Theft by person required to account |
|
Sections 331 and 334 |
Theft by person holding power of attorney |
|
Sections 332 and 334 |
Misappropriation of money held under direction |
|
Section 336 |
Criminal breach of trust |
|
Section 337 |
Public servant refusing to deliver property |
|
Section 338 |
Fraudulently taking cattle or defacing brand |
|
Subsection 339 (1) |
Taking possession, etc. of drift timber |
|
Section 340 |
Destroying documents of title, etc. |
|
Subsection 342 (1) |
Theft, forgery of credit card |
|
Section 342.01 |
Making, having or dealing in instruments for forging or falsifying credit cards |
|
Section 342.1 |
Unauthorized use of computer |
|
Section 345 |
Stopping mail with intent |
|
Section 346 and Subsection 346 (1.1) |
Extortion |
|
Section 347 |
Criminal interest rate |
|
Section 348 |
Breaking and entering with intent, committing offence or breaking out |
|
Section 349 |
Being unlawfully in a dwelling house |
|
Section 351 |
Possession of break – in instrument |
|
Section 354 and Paragraph 355 (a) |
Possession of property obtained by crime |
|
Section 356 |
Theft from mail |
|
Section 357 |
Bringing into Canada property obtained by crime |
|
Section 362 |
False pretence or false statement |
|
Section 363 |
Obtaining execution of valuable security by fraud |
|
Sections 366 and 367 |
Forgery |
|
Section 368 |
Uttering forged document |
|
Section 369 |
Exchequer bill paper, public seals, etc. |
|
Section 370 |
Counterfeiting proclamation |
|
Section 371 |
Telegram in another person’s name used to defraud |
|
Section 374 |
Drawing document without authority |
|
Section 375 |
Obtaining, etc., by instrument based on forged document |
|
Section 376 |
Counterfeiting stamp/mark |
|
Section 377 |
Damaging official documents (vital statistics and elections) |
|
Section 378 |
Offences in relation to registers |
|
Subsection 380 (1) |
Fraud |
|
Subsection 380 (2) |
Affecting public market |
|
Section 382 |
Fraudulent manipulation of stock exchange transactions |
|
Section 383 |
Gaming in stocks or merchandise |
|
Section 384 |
Broker reducing stock by selling for his own account |
|
Section 386 |
Fraudulent registration of titles |
|
Section 394 |
Fraud in relation to valuable minerals |
|
Section 394.1 |
Possession of stolen or fraudulently obtained valuable mineral |
|
Section 396 |
Offences in relation to mines and oil wells |
|
Section 397 |
Falsification of Books and Documents |
|
Section 399 |
False return by public officer |
|
Section 400 |
False prospectus, etc. |
|
Section 403 |
Personation with intent |
|
Section 405 |
Acknowledging instrument in false name |
|
Section 418 |
Selling defective stores to Her Majesty |
|
Section 420 |
Offences in relation to sale, etc. of military stores |
|
Section 422 |
Criminal breach of contract |
|
Paragraph 423 (1) (d) |
Intimidation by hiding any tools, clothes, or other property owned or used by other person or deprives her or hinders her from using them |
|
Paragraph 423 (1) (g) |
Intimidation by blocking a highway |
|
Section 426 |
Secret commissions |
|
Section 430 |
Mischief related offences |
|
Subsection 431.2 (2) |
Delivery, etc. of explosive or other lethal device to a public place |
|
Section 433 |
Arson – disregard for human life |
|
Section 434 |
Arson – damage to property |
|
Section 434.1 |
Arson – own property |
|
Section 435 |
Arson for fraudulent purpose |
|
Section 436 |
Arson by negligence |
|
Section 436.1 |
Possession of incendiary device |
|
Subsection 438 (1) |
Preventing or impeding the saving of a wrecked, stranded, abandoned vessel |
|
Section 441 |
Possessor injuring building belonging to a mortgagee or owner |
|
Section 443 |
Interfering with international boundary marks |
|
Section 444 |
Injuring or endangering cattle |
|
Section 449 |
Making counterfeit money |
|
Section 450 |
Possession, etc., of counterfeit money |
|
Section 451 |
Having clippings |
|
Section 452 |
Uttering, etc., counterfeit money |
|
Section 455 |
Clipping and uttering clipped coin |
|
Section 458 |
Making, having or dealing in instruments for counterfeiting |
|
Section 459 |
Conveying instruments for coining out of mint |
|
Section 460. |
Advertising and dealing in counterfeit money, etc |
|
Subsection 467.11 (1) |
Participation in activities of a criminal organization |
|
Section 467.12 |
Commission of offence for criminal organization |
|
Section 467.13 |
Instructing commission of offence for criminal organization |
O. Reg. 235/03, Table 1; O. Reg. 151/17, s. 1.
TABLE 2
maximum Amount For Legal Expenses (Section 5 of Regulation)
|
Column 1 |
Column 2 |
|
$99.99 or less |
Nil |
|
$100 or more but less than $100,000 |
25 per cent of total |
|
$100,000 or more but less than $1,000,000 |
$25,000 plus 15 per cent of (total – 100,000) |
|
$1,000,000 or more |
$160,000 plus 10 per cent of (total |
O. Reg. 235/03, Table 2.
