An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts (S.C. 2001, c. 32)
Full Document:
Assented to 2001-12-18
51. (1) The portion of subsection 16(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Order of forfeiture of property on conviction
16. (1) Subject to sections 18 to 19.1, where a person is convicted of a designated substance offence and, on application of the Attorney General, the court is satisfied, on a balance of probabilities, that any property is offence-related property and that the offence was committed in relation to that property, the court shall
(2) Subsection 16(2) of the Act is replaced by the following:
Marginal note:Property related to other offences
(2) Subject to sections 18 to 19.1, where the evidence does not establish to the satisfaction of the court that the designated substance offence of which a person has been convicted was committed in relation to property in respect of which an order of forfeiture would otherwise be made under subsection (1) but the court is satisfied, beyond a reasonable doubt, that that property is offence-related property, the court may make an order of forfeiture under subsection (1) in relation to that property.
Marginal note:Property outside Canada
(2.1) An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.
52. (1) The portion of subsection 17(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Order of forfeiture of property
(2) Subject to sections 18 to 19.1, where an application is made to a judge under subsection (1) and the judge is satisfied
(2) Section 17 of the Act is amended by adding the following after subsection (4):
Marginal note:Property outside Canada
(5) An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.
53. The Act is amended by adding the following after section 19:
Marginal note:Notice
19.1 (1) Where all or part of offence-related property that would otherwise be forfeited under subsection 16(1) or 17(2) is a dwelling-house, before making an order of forfeiture, a court shall require notice in accordance with subsection (2) to be given to, and may hear, any person who resides in the dwelling-house and is a member of the immediate family of the person charged with or convicted of the indictable offence under this Act in relation to which the property would be forfeited.
Marginal note:Manner of giving notice
(2) A notice shall
(a) be given or served in the manner that the court directs or that may be specified in the rules of the court;
(b) be of any duration that the court considers reasonable or that may be specified in the rules of the court; and
(c) set out the offence charged and a description of the property.
Marginal note:Non-forfeiture of real property
(3) Subject to an order made under subsection 19(3), if a court is satisfied that the impact of an order of forfeiture made under subsection 16(1) or 17(2) in respect of real property would be disproportionate to the nature and gravity of the offence, the circumstances surrounding the commission of the offence and the criminal record, if any, of the person charged with or convicted of the offence, as the case may be, it may decide not to order the forfeiture of the property or part of the property and may revoke any restraint order made in respect of that property or part.
Marginal note:Factors in relation to dwelling-house
(4) Where all or part of the property that would otherwise be forfeited under subsection 16(1) or 17(2) is a dwelling-house, when making a decision under subsection (3), the court shall also consider
(a) the impact of an order of forfeiture on any member of the immediate family of the person charged with or convicted of the offence, if the dwelling-house was the member’s principal residence at the time the charge was laid and continues to be the member’s principal residence; and
(b) whether the member referred to in paragraph (a) appears innocent of any complicity in the offence or of any collusion in relation to the offence.
54. Section 23 of the Act and the heading before it are repealed.
55. Section 55 of the Act is amended by adding the following after subsection (2):
Marginal note:Regulations pertaining to law enforcement under other Acts of Parliament
(2.1) The Governor in Council, on the recommendation of the Solicitor General of Canada, may, for the purpose of an investigation or other law enforcement activity conducted under another Act of Parliament, make regulations authorizing a member of a police force or other person under the direction and control of such a member to commit an act or omission — or authorizing a member of a police force to direct the commission of an act or omission — that would otherwise constitute an offence under Part I or the regulations and, without restricting the generality of the foregoing, may make regulations
(a) authorizing the Solicitor General of Canada, or the provincial minister responsible for policing in a province, to designate a police force within the Solicitor General’s jurisdiction or the minister’s jurisdiction, as the case may be, for the purposes of this subsection;
(b) exempting, on such terms and conditions as may be specified in the regulations, a member of a police force that has been designated pursuant to paragraph (a) and other persons acting under the direction and control of the member from the application of any provision of Part I or the regulations;
(c) respecting the issuance, suspension, cancellation, duration and terms and conditions of a certificate, other document or, in exigent circumstances, an approval to obtain a certificate or other document, that is issued to a member of a police force that has been designated pursuant to paragraph (a) for the purpose of exempting the member from the application of Part I or the regulations;
(d) respecting the detention, storage, disposal or other dealing with any controlled substance or precursor;
(e) respecting records, reports, electronic data or other documents in respect of a controlled substance or precursor that are required to be kept and provided by any person or class of persons; and
(f) prescribing forms for the purposes of the regulations.
56. Section 61 of the Act is replaced by the following:
Marginal note:References to prior enactments
61. Any reference in a designation by the Solicitor General of Canada under Part VI of the Criminal Code to an offence contrary to the Narcotic Control Act or Part III or IV of the Food and Drugs Act or any conspiracy or attempt to commit or being an accessory after the fact or any counselling in relation to such an offence shall be deemed to be a reference to an offence contrary to section 5 (trafficking), 6 (importing and exporting) or 7 (production) of this Act, as the case may be, or a conspiracy or attempt to commit or being an accessory after the fact or any counselling in relation to such an offence.
1992, c. 20Corrections and Conditional Release Act
Marginal note:1996, c. 19, s. 64
57. Paragraphs 3(d) and (e) of Schedule II to the Corrections and Conditional Release Act are repealed.
1998, c. 34Corruption of Foreign Public Officials Act
58. Sections 4 to 7 of the Corruption of Foreign Public Officials Act are repealed.
2000, c. 24Crimes Against Humanity and War Crimes Act
59. Subsection 9(3) of the Crimes Against Humanity and War Crimes Act is replaced by the following:
Marginal note:Personal consent of Attorney General
(3) No proceedings for an offence under any of sections 4 to 7 of this Act, or under section 354 or subsection 462.31(1) of the Criminal Code in relation to property or proceeds obtained or derived directly or indirectly as a result of the commission of an offence under this Act, may be commenced without the personal consent in writing of the Attorney General or Deputy Attorney General of Canada, and those proceedings may be conducted only by the Attorney General of Canada or counsel acting on their behalf.
60. The heading before section 27 and sections 27 to 29 of the Act are repealed.
61. Section 31 of the Act is replaced by the following:
Marginal note:Credits to Fund
31. The Minister of Public Works and Government Services shall pay into the Crimes Against Humanity Fund
(a) the net amount received from the disposition of any property referred to in subsections 4(1) to (3) of the Seized Property Management Act that is
(i) proceeds of crime within the meaning of subsection 462.3(1) of the Criminal Code, obtained or derived directly or indirectly as a result of the commission of an offence under this Act, and
(ii) forfeited to Her Majesty and disposed of by that Minister; and
(b) any amount paid or recovered as a fine imposed under subsection 462.37(3) of the Criminal Code in substitution for the property referred to in paragraph (a).
R.S., c. 1 (2nd Supp.)Customs Act
Marginal note:1993, c. 25, s. 89; 1997, c. 18, ss. 119, 120
62. The heading before section 163.1 and sections 163.1 to 163.3 of the Customs Act are repealed.
R.S., c. E-14Excise Act
Marginal note:1993, c. 25, s. 31
63. Section 2.1 of the Excise Act is replaced by the following:
Marginal note:Possession
2.1 For the purposes of subsections 225(1) and (3) and 235(3), section 239.1 and subsections 240(1) and (2), where one of two or more persons, with the knowledge and consent of the rest, has anything in the person’s possession, it shall be deemed to be in the custody and possession of each and all of them.
Marginal note:1993, c. 25, s. 38; 1997, c. 18, ss. 121, 122
64. The heading before section 126.1 and sections 126.1 to 126.3 of the Act are repealed.
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