Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-10-15 and last amended on 2014-09-19. Previous Versions

Marginal note:Inference

 For the purpose of subsection 462.37(1) or 462.38(2), the court may infer that property was obtained or derived as a result of the commission of a designated offence where evidence establishes that the value, after the commission of that offence, of all the property of the person alleged to have committed the offence exceeds the value of all the property of that person before the commission of that offence and the court is satisfied that the income of that person from sources unrelated to designated offences committed by that person cannot reasonably account for such an increase in value.

  • R.S., 1985, c. 42 (4th Supp.), s. 2;
  • 1996, c. 19, s. 70;
  • 2001, c. 32, s. 21.
Marginal note:Voidable transfers

 A court may,

  • (a) prior to ordering property to be forfeited under subsection 462.37(1) or (2.01) or 462.38(2), and

  • (b) in the case of property in respect of which a restraint order was made under section 462.33, where the order was served in accordance with subsection 462.33(8),

set aside any conveyance or transfer of the property that occurred after the seizure of the property or the service of the order under section 462.33, unless the conveyance or transfer was for valuable consideration to a person acting in good faith.

  • R.S., 1985, c. 42 (4th Supp.), s. 2;
  • 1997, c. 18, s. 36(E);
  • 2005, c. 44, s. 7.
Marginal note:Notice
  •  (1) Before making an order under subsection 462.37(1) or (2.01) or 462.38(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:Service, duration and contents of notice

    (2) A notice given under subsection (1) shall

    • (a) be given or served in such manner as the court directs or as may be prescribed by the rules of the court;

    • (b) be of such duration as the court considers reasonable or as may be prescribed by the rules of the court; and

    • (c) set out the designated offence charged and a description of the property.

  • Marginal note:Order of restoration of property

    (3) Where a court is satisfied that any person, other than

    • (a) a person who is charged with, or was convicted of, a designated offence, or

    • (b) a person who acquired title to or a right of possession of that property from a person referred to in paragraph (a) 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,

    is the lawful owner or is lawfully entitled to possession of any property or any part thereof that would otherwise be forfeited pursuant to subsection 462.37(1) or (2.01) or 462.38(2) and that the person appears innocent of any complicity in an offence referred to in paragraph (a) or of any collusion in relation to such an offence, the court may order that the property or part thereof be returned to that person.

  • R.S., 1985, c. 42 (4th Supp.), s. 2;
  • 1996, c. 19, s. 70;
  • 1997, c. 18, ss. 37, 140;
  • 2001, c. 32, s. 22;
  • 2005, c. 44, s. 8.