Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2016-09-18 and last amended on 2016-06-17. Previous Versions

Marginal note:Application for restraint order
  •  (1) The Attorney General may make an application in accordance with this section for a restraint order under this section in respect of any offence-related property.

  • Marginal note:Procedure

    (2) An application made under subsection (1) for a restraint order in respect of any offence-related property may be made ex parte and shall be made in writing to a judge and be accompanied by an affidavit sworn on the information and belief of the Attorney General or any other person deposing to the following matters:

    • (a) the indictable offence to which the offence-related property relates;

    • (b) the person who is believed to be in possession of the offence-related property; and

    • (c) a description of the offence-related property.

  • Marginal note:Restraint order

    (3) Where an application for a restraint order is made to a judge under subsection (1), the judge may, if satisfied that there are reasonable grounds to believe that the property is offence-related property, make a restraint order prohibiting any person from disposing of, or otherwise dealing with any interest in, the offence-related property specified in the order otherwise than in the manner that may be specified in the order.

  • Marginal note:Property outside Canada

    (3.1) A restraint order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.

  • Marginal note:Conditions

    (4) A restraint order made by a judge under this section may be subject to any reasonable conditions that the judge thinks fit.

  • Marginal note:Order in writing

    (5) A restraint order made under this section shall be made in writing.

  • Marginal note:Service of order

    (6) A copy of a restraint order made under this section shall be served on the person to whom the order is addressed in any manner that the judge making the order directs or in accordance with the rules of the court.

  • Marginal note:Registration of order

    (7) A copy of a restraint order made under this section shall be registered against any property in accordance with the laws of the province in which the property is situated.

  • Marginal note:Order continues in force

    (8) A restraint order made under this section remains in effect until

    • (a) an order is made under subsection 490(9) or (11), 490.4(3) or 490.41(3) in relation to the property; or

    • (b) an order of forfeiture of the property is made under section 490 or subsection 490.1(1) or 490.2(2).

  • Marginal note:Offence

    (9) Any person on whom a restraint order made under this section is served in accordance with this section and who, while the order is in force, acts in contravention of or fails to comply with the order is guilty of an indictable offence or an offence punishable on summary conviction.

  • 1997, c. 23, s. 15;
  • 2001, c. 32, s. 35.
Marginal note:Management order
  •  (1) With respect to offence-related property other than a controlled substance within the meaning of the Controlled Drugs and Substances Act, on application of the Attorney General or of any other person with the written consent of the Attorney General, a judge or justice in the case of offence-related property seized under section 487, or a judge in the case of offence-related property restrained under section 490.8, may, where he or she is of the opinion that the circumstances so require,

    • (a) appoint a person to take control of and to manage or otherwise deal with all or part of the property in accordance with the directions of the judge or justice; and

    • (b) require any person having possession of that property to give possession of the property to the person appointed under paragraph (a).

  • Marginal note:Appointment of Minister of Public Works and Government Services

    (2) When the Attorney General of Canada so requests, a judge or justice appointing a person under subsection (1) shall appoint the Minister of Public Works and Government Services.

  • Marginal note:Power to manage

    (3) The power to manage or otherwise deal with property under subsection (1) includes

    • (a) in the case of perishable or rapidly depreciating property, the power to make an interlocutory sale of that property; and

    • (b) in the case of property that has little or no value, the power to destroy that property.

  • Marginal note:Application for destruction order

    (4) Before a person appointed to manage property destroys property that has little or no value, he or she shall apply to a court for a destruction order.

  • Marginal note:Notice

    (5) Before making a destruction order in relation to any property, a court shall require notice in accordance with subsection (6) 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

    (6) 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; and

    • (b) be of any duration that the court considers reasonable or that may be specified in the rules of the court.

  • Marginal note:Order

    (7) A court may order that the property be destroyed if it is satisfied that the property has little or no value, whether financial or other.

  • Marginal note:When management order ceases to have effect

    (8) A management order ceases to have effect when the property that is the subject of the management order is returned in accordance with the law to an applicant or forfeited to Her Majesty.

  • Marginal note:Application to vary conditions

    (9) The Attorney General may at any time apply to the judge or justice to cancel or vary any condition to which a management order is subject, but may not apply to vary an appointment made under subsection (2).

  • 2001, c. 32, s. 36.
Marginal note:Sections 489.1 and 490 applicable
  •  (1) Subject to sections 490.1 to 490.7, sections 489.1 and 490 apply, with any modifications that the circumstances require, to any offence-related property that is the subject of a restraint order made under section 490.8.

  • Marginal note:Recognizance

    (2) Where, pursuant to subsection (1), an order is made under paragraph 490(9)(c) for the return of any offence-related property that is the subject of a restraint order under section 490.8, the judge or justice making the order may require the applicant for the order to enter into a recognizance before the judge or justice, with or without sureties, in any amount and with any conditions that the judge or justice directs and, where the judge or justice considers it appropriate, require the applicant to deposit with the judge or justice any sum of money or other valuable security that the judge or justice directs.

  • 1997, c. 23, s. 15.
Marginal note:Forfeiture of weapons and ammunition
  •  (1) Subject to subsection (2), where it is determined by a court that

    • (a) a weapon, an imitation firearm, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance was used in the commission of an offence and that thing has been seized and detained, or

    • (b) that a person has committed an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance and any such thing has been seized and detained,

    the thing so seized and detained is forfeited to Her Majesty and shall be disposed of as the Attorney General directs.

  • Marginal note:Return to lawful owner

    (2) If the court by which a determination referred to in subsection (1) is made is satisfied that the lawful owner of any thing that is or may be forfeited to Her Majesty under subsection (1) was not a party to the offence and had no reasonable grounds to believe that the thing would or might be used in the commission of an offence, the court shall order that the thing be returned to that lawful owner, that the proceeds of any sale of the thing be paid to that lawful owner or, if the thing was destroyed, that an amount equal to the value of the thing be paid to the owner.

  • Marginal note:Application of proceeds

    (3) Where any thing in respect of which this section applies is sold, the proceeds of the sale shall be paid to the Attorney General or, where an order is made under subsection (2), to the person who was, immediately prior to the sale, the lawful owner of the thing.

  • R.S., 1985, c. C-46, s. 491;
  • 1991, c. 40, s. 30;
  • 1995, c. 39, s. 152.
 
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