[
    {
        "role": "user",
        "content": "what%20is%20the%20provision%20of%20ontario%20legislation%20that%20provides%20that%20a%20court%20order%20against%20an%20agency%20of%20the%20Ontario%20government%20is%20paid%20out%20of%20the%20consolidated%20revenue%20fund%2C%20and%20would%20that%20provision%20apply%20to%20an%20order%20against%20a%20Crown%20agency%20made%20by%20the%20Human%20Rights%20Tribunal%20of%20Ontario%3F"
    },
    {
        "role": "assistant",
        "content": "Here\u2019s a detailed account of the applicable Ontario law, whether it includes a provision requiring that court orders against an agency are paid from the Consolidated Revenue Fund (CRF), and whether that applies to orders by the Human Rights Tribunal of Ontario (HRTO).\n\n---\n\n### 1. Key Statute: *Crown Liability and Proceedings Act, 2019 (CLPA)*  \nThe CLPA is the primary law now dealing with suits or orders against \u201cthe Crown\u201d or \u201cCrown agency\u201d in Ontario. ([ontario.ca](https://www.ontario.ca/laws/statute/19c07c/v3?utm_source=openai))  \n\n- Definition (s. 1):  \n  *Crown* means \u201cthe Crown in right of Ontario\u201d; *Crown agency* means a corporation that is expressly stated by or under an Act to be an agent of the Crown; prescribed corporations; and wholly-owned subsidiaries of such corporations. ([ontario.ca](https://www.ontario.ca/laws/statute/19c07c/v3?utm_source=openai))  \n\n- Section 28 (\u201cPayment by the Crown\u201d):  \n  It provides that the **Minister of Finance shall pay out of the Consolidated Revenue Fund amounts payable by the Crown** under a number of categories, including \"an order of a court or tribunal or arbitration award that is final and not subject to appeal.\" ([ontario.ca](https://www.ontario.ca/laws/statute/19c07c/v5?utm_source=openai))  \n\nSo the law explicitly mandates payment from the CRF for orders (including tribunal orders) against the Crown, provided those orders are final and not appealable.  \n\n---\n\n### 2. Bill 100 / *Protecting What Matters Most Act (Budget Measures), 2019*  \nBill 100 is the legislative vehicle through which the CLPA was enacted, and Section 28 of Bill 100 corresponds to s. 28 of the CLPA. ([ola.org](https://www.ola.org/en/legislative-business/bills/parliament-42/session-1/bill-100?utm_source=openai))  \n\n- \u201cAdministrative unit\u201d as used in section 28 includes a *Crown agency* under the Crown Agency Act. ([ola.org](https://www.ola.org/en/legislative-business/bills/parliament-42/session-1/bill-100?utm_source=openai))  \n\n- Section 28 requires that Minister of Finance pay, out of the CRF, amounts payable by the Crown under:\n  - final, non-appealable orders of courts,\n  - settlement of proceedings or claims,\n  - tribunal or arbitration awards that are final and non-appealable. ([ola.org](https://www.ola.org/en/legislative-business/bills/parliament-42/session-1/bill-100?utm_source=openai))  \n\nThis statute makes plain that CRF payment covers tribunal awards (if the award is \u201cfinal and not subject to appeal\u201d).  \n\n---\n\n### 3. Does this apply to a *Human Rights Tribunal of Ontario* Order against a Crown Agency?  \n\nPutting it together:\n\n1. **HRTO has statutory power** to order the payment of money (e.g. damages, human rights remedies) under the Human Rights Code. Such an order may be \u201cfinal and not subject to appeal\u201d once all appeal / review avenues are exhausted.  \n\n2. Under CLPA s. 28, payments of \u201camounts payable by the Crown under ... an order of an administrative tribunal \u2026 that is final and not subject to appeal\u201d must be paid out of the CRF. That explicitly includes tribunal awards. ([ontario.ca](https://www.ontario.ca/laws/statute/19c07c/v5?utm_source=openai))  \n\n3. Crown agencies are included within \u201cCrown\u201d for this purpose\u2014CLPA defines \u201cCrown agency\u201d to fall under entities for which the Crown\u2019s obligations are engaged. ([ontario.ca](https://www.ontario.ca/laws/statute/19c07c/v3?utm_source=openai))  \n\nThus, **yes**, an order of the HRTO against a Crown agency, *if it is final and not subject to appeal*, would fall under s. 28 of the CLPA, and thus the Minister of Finance would be required to pay it from the Consolidated Revenue Fund.\n\n---\n\n### 4. Limitations / Caveats\n\n- The order must be **final** and **not subject to appeal**. If the decision is under review or appeal, it is not yet \u201cfinal\u201d under the statute.  \n\n- It must be an amount **payable by the Crown**. If the tribunal orders non-monetary relief (e.g. injunctions, behaviour correction) or something not characterized as payable money, CLPA may not oblige a CRF payment under s. 28 (unless the tribunal order includes a monetary award).  \n\n- CLPA also includes certain protections or immunities for \u201cthe Crown\u201d (or Crown agencies) in other respects (e.g. tort liability in some instances, limits on execution against property, injunctive remedies, etc.). ([ontario.ca](https://www.ontario.ca/laws/statute/19c07c/v3?utm_source=openai))  \n\n---\n\n### 5. Summary / Answer\n\n- The key provision is **Section 28 of the Crown Liability and Proceedings Act, 2019** (as enacted via Bill 100, \u201cProtecting What Matters Most Act\u201d) which requires that payments in respect of final, non-appealable court orders, tribunal orders, arbitration awards, etc., by the Crown (including Crown agencies) must be paid out of the CRF.  \n\n- Yes \u2014 this provision would **apply** to an order of the Human Rights Tribunal of Ontario against a Crown agency, *so long as* that order is final and not subject to further appeal or review, and is for a sum \u201cpayable by the Crown.\u201d  \n\nIf you want, I can check any specific HRTO cases to see how \u201cfinal and not subject to appeal\u201d was treated in practice (whether some orders were paid from CRF, etc.)."
    }
]