Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2016-11-21 and last amended on 2016-06-17. Previous Versions

Marginal note:Voidable transfers

 A court may, before ordering that offence-related property be forfeited under subsection 490.1(1) or 490.2(2), set aside any conveyance or transfer of the property that occurred after the seizure of the property, or the making of a restraint order in respect of the property, unless the conveyance or transfer was for valuable consideration to a person acting in good faith.

  • 1997, c. 23, s. 15.
Marginal note:Notice
  •  (1) Before making an order under subsection 490.1(1) or 490.2(2) in relation to any property, a court shall require notice in accordance with subsection (2) to be given to, and may hear, any person who, in the opinion of the court, appears to have a valid interest in the property.

  • Marginal note:Manner of giving notice

    (2) A notice given under subsection (1) 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:Order of restoration of property

    (3) A court may order that all or part of the property that would otherwise be forfeited under subsection 490.1(1) or 490.2(2) be returned to a person — other than a person who was charged with an indictable offence under this Act or the Corruption of Foreign Public Officials Act or a person who acquired title to or a right of possession of the property from such a person under circumstances that give rise to a reasonable inference that the title or right was transferred for the purpose of avoiding the forfeiture of the property — if the court is satisfied that the person is the lawful owner or is lawfully entitled to possession of all or part of that property, and that the person appears innocent of any complicity in, or collusion in relation to, the offence.

  • 1997, c. 23, s. 15;
  • 2001, c. 32, s. 32;
  • 2007, c. 13, s. 10.
Marginal note:Notice
  •  (1) If all or part of offence-related property that would otherwise be forfeited under subsection 490.1(1) or 490.2(2) is a dwelling-house, before making an order of forfeiture, a court shall require that notice in accordance with subsection (2) 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 or the Corruption of Foreign Public Officials 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 property

    (3) Subject to an order made under subsection 490.4(3), if a court is satisfied that the impact of an order of forfeiture made under subsection 490.1(1) or 490.2(2) 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 490.1(1) or 490.2(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.

  • 2001, c. 32, s. 33;
  • 2007, c. 13, s. 11.
Marginal note:Application
  •  (1) Where any offence-related property is forfeited to Her Majesty pursuant to an order made under subsection 490.1(1) or 490.2(2), any person who claims an interest in the property, other than

    • (a) in the case of property forfeited pursuant to an order made under subsection 490.1(1), a person who was convicted of the indictable offence in relation to which the property was forfeited,

    • (b) in the case of property forfeited pursuant to an order made under subsection 490.2(2), a person who was charged with the indictable offence in relation to which the property was forfeited, or

    • (c) a person who acquired title to or a right of possession of the property from a person referred to in paragraph (a) or (b) under circumstances that give rise to a reasonable inference that the title or right was transferred from that person for the purpose of avoiding the forfeiture of the property,

    may, within thirty days after the forfeiture, apply by notice in writing to a judge for an order under subsection (4).

  • Marginal note:Fixing day for hearing

    (2) The judge to whom an application is made under subsection (1) shall fix a day not less than thirty days after the date of the filing of the application for the hearing of the application.

  • Marginal note:Notice

    (3) An applicant shall serve a notice of the application made under subsection (1) and of the hearing of it on the Attorney General at least fifteen days before the day fixed for the hearing.

  • Marginal note:Order declaring interest not affected by forfeiture

    (4) Where, on the hearing of an application made under subsection (1), the judge is satisfied that the applicant

    • (a) is not a person referred to in paragraph (1)(a), (b) or (c) and appears innocent of any complicity in any indictable offence that resulted in the forfeiture of the property or of any collusion in relation to such an offence, and

    • (b) exercised all reasonable care to be satisfied that the property was not likely to have been used in connection with the commission of an unlawful act by the person who was permitted by the applicant to obtain possession of the property or from whom the applicant obtained possession or, where the applicant is a mortgagee or lienholder, by the mortgagor or lien-giver,

    the judge may make an order declaring that the interest of the applicant is not affected by the forfeiture and declaring the nature and the extent or value of the interest.

  • Marginal note:Appeal from order made under subsection (4)

    (5) An applicant or the Attorney General may appeal to the court of appeal from an order made under subsection (4), and the provisions of Part XXI with respect to procedure on appeals apply, with any modifications that the circumstances require, in respect of appeals under this subsection.

  • Marginal note:Return of property

    (6) The Attorney General shall, on application made to the Attorney General by any person in respect of whom a judge has made an order under subsection (4), and where the periods with respect to the taking of appeals from that order have expired and any appeal from that order taken under subsection (5) has been determined, direct that

    • (a) the property, or the part of it to which the interest of the applicant relates, be returned to the applicant; or

    • (b) an amount equal to the value of the interest of the applicant, as declared in the order, be paid to the applicant.

  • 1997, c. 23, s. 15;
  • 2001, c. 32, s. 34.
Marginal note:Appeals from orders under subsection 490.2(2)

 Any person who, in their opinion, is aggrieved by an order made under subsection 490.2(2) may appeal from the order as if the order were an appeal against conviction or against a judgment or verdict of acquittal, as the case may be, under Part XXI, and that Part applies, with any modifications that the circumstances require, in respect of such an appeal.

  • 1997, c. 23, s. 15.
Marginal note:Suspension of order pending appeal

 Notwithstanding anything in this Act, the operation of an order made in respect of property under subsection 490.1(1), 490.2(2) or 490.5(4) is suspended pending

  • (a) any application made in respect of the property under any of those provisions or any other provision of this or any other Act of Parliament that provides for restoration or forfeiture of the property, or

  • (b) any appeal taken from an order of forfeiture or restoration in respect of the property,

and the property shall not be disposed of or otherwise dealt with until thirty days have expired after an order is made under any of those provisions.

  • 1997, c. 23, s. 15.
 
Date modified: