Criminal Code (R.S.C., 1985, c. C-46)

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

Search, Seizure and Detention of Proceeds of Crime

Marginal note:Special search warrant
  •  (1) Subject to subsection (3), if a judge, on application of the Attorney General, is satisfied by information on oath in Form 1 that there are reasonable grounds to believe that there is in any building, receptacle or place, within the province in which the judge has jurisdiction or any other province, any property in respect of which an order of forfeiture may be made under subsection 462.37(1) or (2.01) or 462.38(2), in respect of a designated offence alleged to have been committed within the province in which the judge has jurisdiction, the judge may issue a warrant authorizing a person named in the warrant or a peace officer to search the building, receptacle or place for that property and to seize that property and any other property in respect of which that person or peace officer believes, on reasonable grounds, that an order of forfeiture may be made under that subsection.

  • Marginal note:Procedure

    (2) An application for a warrant under subsection (1) may be made ex parte, shall be made in writing and shall include a statement as to whether any previous applications have been made under subsection (1) with respect to the property that is the subject of the application.

  • Marginal note:Execution of warrant

    (2.1) Subject to subsection (2.2), a warrant issued pursuant to subsection (1) may be executed anywhere in Canada.

  • Marginal note:Execution in another province

    (2.2) Where a warrant is issued under subsection (1) in one province but it may be reasonably expected that it is to be executed in another province and the execution of the warrant would require entry into or on the property of any person in the other province, a judge in the other province may, on ex parte application, confirm the warrant, and when the warrant is so confirmed it shall have full force and effect in that other province as though it had originally been issued in that province.

  • Marginal note:Execution of warrant in other territorial jurisdictions

    (3) Subsections 487(2) to (4) and section 488 apply, with such modifications as the circumstances require, to a warrant issued under this section.

  • Marginal note:Detention and record of property seized

    (4) Every person who executes a warrant issued by a judge under this section shall

    • (a) detain or cause to be detained the property seized, taking reasonable care to ensure that the property is preserved so that it may be dealt with in accordance with the law;

    • (b) as soon as practicable after the execution of the warrant but within a period not exceeding seven days thereafter, prepare a report in Form 5.3, identifying the property seized and the location where the property is being detained, and cause the report to be filed with the clerk of the court; and

    • (c) cause a copy of the report to be provided, on request, to the person from whom the property was seized and to any other person who, in the opinion of the judge, appears to have a valid interest in the property.

  • Marginal note:Return of proceeds

    (4.1) Subject to this or any other Act of Parliament, a peace officer who has seized anything under a warrant issued by a judge under this section may, with the written consent of the Attorney General, on being issued a receipt for it, return the thing seized to the person lawfully entitled to its possession, if

    • (a) the peace officer is satisfied that there is no dispute as to who is lawfully entitled to possession of the thing seized;

    • (b) the peace officer is satisfied that the continued detention of the thing seized is not required for the purpose of forfeiture; and

    • (c) the thing seized is returned before a report is filed with the clerk of the court under paragraph (4)(b).

  • Marginal note:Notice

    (5) Before issuing a warrant under this section in relation to any property, a judge may require notice to be given to and may hear any person who, in the opinion of the judge, appears to have a valid interest in the property unless the judge is of the opinion that giving such notice before the issuance of the warrant would result in the disappearance, dissipation or reduction in value of the property or otherwise affect the property so that all or a part thereof could not be seized pursuant to the warrant.

  • Marginal note:Undertakings by Attorney General

    (6) Before issuing a warrant under this section, a judge shall require the Attorney General to give such undertakings as the judge considers appropriate with respect to the payment of damages or costs, or both, in relation to the issuance and execution of the warrant.

  • R.S., 1985, c. 42 (4th Supp.), s. 2;
  • 1997, c. 18, s. 29;
  • 2001, c. 32, s. 14;
  • 2005, c. 44, s. 3.
Marginal note:Application for restraint order
  •  (1) The Attorney General may make an application in accordance with subsection (2) for a restraint order under subsection (3) in respect of any property.

  • Marginal note:Procedure

    (2) An application made under subsection (1) for a restraint order under subsection (3) in respect of any 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, namely,

    • (a) the offence or matter under investigation;

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

    • (c) the grounds for the belief that an order of forfeiture may be made under subsection 462.37(1) or (2.01) or 462.38(2) in respect of the property;

    • (d) a description of the property; and

    • (e) whether any previous applications have been made under this section with respect to the property.

  • Marginal note:Restraint order

    (3) A judge who hears an application for a restraint order made under subsection (1) may — if the judge is satisfied that there are reasonable grounds to believe that there exists, within the province in which the judge has jurisdiction or any other province, any property in respect of which an order of forfeiture may be made under subsection 462.37(1) or (2.01) or 462.38(2), in respect of a designated offence alleged to have been committed within the province in which the judge has jurisdiction — make an order prohibiting any person from disposing of, or otherwise dealing with any interest in, the property specified in the order otherwise than in the manner that may be specified in the order.

  • Marginal note:Execution in another province

    (3.01) Subsections 462.32(2.1) and (2.2) apply, with such modifications as the circumstances require, in respect of a restraint 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:Idem

    (4) An order made by a judge under subsection (3) may be subject to such reasonable conditions as the judge thinks fit.

  • Marginal note:Notice

    (5) Before making an order under subsection (3) in relation to any property, a judge may require notice to be given to and may hear any person who, in the opinion of the judge, appears to have a valid interest in the property unless the judge is of the opinion that giving such notice before making the order would result in the disappearance, dissipation or reduction in value of the property or otherwise affect the property so that all or a part thereof could not be subject to an order of forfeiture under subsection 462.37(1) or (2.01) or 462.38(2).

  • Marginal note:Order in writing

    (6) An order made under subsection (3) shall be made in writing.

  • Marginal note:Undertakings by Attorney General

    (7) Before making an order under subsection (3), a judge shall require the Attorney General to give such undertakings as the judge considers appropriate with respect to the payment of damages or costs, or both, in relation to

    • (a) the making of an order in respect of property situated within or outside Canada; and

    • (b) the execution of an order in respect of property situated within Canada.

  • Marginal note:Service of order

    (8) A copy of an order made by a judge under subsection (3) shall be served on the person to whom the order is addressed in such manner as the judge directs or as may be prescribed by rules of court.

  • Marginal note:Registration of order

    (9) A copy of an order made under subsection (3) shall be registered against any property in accordance with the laws of the province in which the property is situated.

  • Marginal note:Continues in force

    (10) An order made under subsection (3) remains in effect until

    • (a) it is revoked or varied under subsection 462.34(4) or revoked under paragraph 462.43(a);

    • (b) it ceases to be in force under section 462.35; or

    • (c) an order of forfeiture or restoration of the property is made under subsection 462.37(1) or (2.01), 462.38(2) or 462.41(3) or any other provision of this or any other Act of Parliament.

  • Marginal note:Offence

    (11) Any person on whom an order made under subsection (3) 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.

  • R.S., 1985, c. 42 (4th Supp.), s. 2;
  • 1993, c. 37, s. 21;
  • 1996, c. 16, s. 60;
  • 1997, c. 18, s. 30;
  • 2001, c. 32, s. 15;
  • 2005, c. 44, s. 4.
 
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