Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2016-05-12 and last amended on 2015-07-23. Previous Versions

Marginal note:Residual disposal of property seized or dealt with pursuant to special warrants or restraint orders
  •  (1) Where property has been seized under a warrant issued pursuant to section 462.32, a restraint order has been made under section 462.33 in relation to any property or a recognizance has been entered into pursuant to paragraph 462.34(4)(a) in relation to any property and a judge, on application made to the judge by the Attorney General or any person having an interest in the property or on the judge’s own motion, after notice given to the Attorney General and any other person having an interest in the property, is satisfied that the property will no longer be required for the purpose of section 462.37, 462.38 or any other provision of this or any other Act of Parliament respecting forfeiture or for the purpose of any investigation or as evidence in any proceeding, the judge

    • (a) in the case of a restraint order, shall revoke the order;

    • (b) in the case of a recognizance, shall cancel the recognizance; and

    • (c) in the case of property seized under a warrant issued pursuant to section 462.32 or property under the control of a person appointed pursuant to paragraph 462.331(1)(a),

      • (i) if possession of it by the person from whom it was taken is lawful, shall order that it be returned to that person,

      • (ii) if possession of it by the person from whom it was taken is unlawful and the lawful owner or person who is lawfully entitled to its possession is known, shall order that it be returned to the lawful owner or the person who is lawfully entitled to its possession, or

      • (iii) if possession of it by the person from whom it was taken is unlawful and the lawful owner or person who is lawfully entitled to its possession is not known, may order that it be forfeited to Her Majesty, to be disposed of as the Attorney General directs, or otherwise dealt with in accordance with the law.

  • Marginal note:Property outside Canada

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

  • R.S., 1985, c. 42 (4th Supp.), s. 2;
  • 2001, c. 32, s. 24;
  • 2004, c. 12, s. 7.
Marginal note:Appeals from certain orders

 Any person who considers that they are aggrieved by an order made under subsection 462.38(2) or 462.41(3) or section 462.43 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 such modifications as the circumstances require, to such an appeal.

  • R.S., 1985, c. 42 (4th Supp.), s. 2;
  • 1997, c. 18, s. 39.
Marginal note:Suspension of forfeiture pending appeal

 Despite anything in this Part, the operation of an order of forfeiture or restoration of property under subsection 462.34(4), 462.37(1) or (2.01), 462.38(2) or 462.41(3) or section 462.43 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 the restoration or forfeiture of such property,

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

  • (c) any other proceeding in which the right of seizure of the property is questioned,

and property shall not be disposed of within thirty days after an order of forfeiture is made under any of those provisions.

  • R.S., 1985, c. 42 (4th Supp.), s. 2;
  • 2005, c. 44, s. 10.
Marginal note:Copies of documents returned or forfeited
  •  (1) If any document is returned or ordered to be returned, forfeited or otherwise dealt with under subsection 462.34(3) or (4), 462.37(1) or (2.01), 462.38(2) or 462.41(3) or section 462.43, the Attorney General may, before returning the document or complying with the order, cause a copy of the document to be made and retained.

  • Marginal note:Probative force

    (2) Every copy made under subsection (1) shall, if certified as a true copy by the Attorney General, be admissible in evidence and, in the absence of evidence to the contrary, shall have the same probative force as the original document would have had if it had been proved in the ordinary way.

  • R.S., 1985, c. 42 (4th Supp.), s. 2;
  • 2005, c. 44, s. 11.

Disclosure Provisions

Marginal note:No civil or criminal liability incurred by informants

 For greater certainty but subject to section 241 of the Income Tax Act, a person is justified in disclosing to a peace officer or the Attorney General any facts on the basis of which that person reasonably suspects that any property is proceeds of crime or that any person has committed or is about to commit a designated offence.

  • R.S., 1985, c. 42 (4th Supp.), s. 2;
  • 1996, c. 19, s. 70;
  • 2001, c. 32, ss. 25, 82;
  • 2002, c. 13, s. 16(F);
  • 2004, c. 12, s. 8(F).

Definition of designated substance offence

  •  (1) In this section, designated substance offence means

    • (a) an offence under Part I of the Controlled Drugs and Substances Act, except subsection 4(1) of that Act; or

    • (b) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a).

  • Marginal note:Disclosure of income tax information

    (1.1) The Attorney General may make an application in accordance with subsection (2) for an order for disclosure of information under subsection (3), for the purposes of an investigation in relation to

    • (a) a designated substance offence;

    • (b) an offence against section 354, 355.2, 355.4 or 462.31 if the offence is alleged to have been committed in relation to any property, thing or proceeds obtained or derived directly or indirectly as a result of

      • (i) the commission in Canada of a designated substance offence, or

      • (ii) an act or omission anywhere that, if it had occurred in Canada, would have constituted a designated substance offence;

    • (c) an offence against section 467.11, 467.111, 467.12 or 467.13, or a conspiracy or an attempt to commit, or being an accessory after the fact in relation to, such an offence; or

    • (d) a terrorism offence.

  • Marginal note:Application

    (2) An application under subsection (1.1) shall be made ex parte in writing to a judge and be accompanied by an affidavit sworn on the information and belief of the Attorney General or a person specially designated by the Attorney General for that purpose deposing to the following matters, namely,

    • (a) the offence or matter under investigation;

    • (b) the person in relation to whom the information or documents referred to in paragraph (c) are required;

    • (c) the type of information or book, record, writing, return or other document obtained by or on behalf of the Minister of National Revenue for the purposes of the Income Tax Act to which access is sought or that is proposed to be examined or communicated; and

    • (d) the facts relied on to justify the belief, on reasonable grounds, that the person referred to in paragraph (b) has committed or benefited from the commission of any of the offences referred to in subsection (1.1) and that the information or documents referred to in paragraph (c) are likely to be of substantial value, whether alone or together with other material, to the investigation for the purposes of which the application is made.

  • Marginal note:Order for disclosure of information

    (3) Where the judge to whom an application under subsection (1.1) is made is satisfied

    • (a) of the matters referred to in paragraph (2)(d), and

    • (b) that there are reasonable grounds for believing that it is in the public interest to allow access to the information or documents to which the application relates, having regard to the benefit likely to accrue to the investigation if the access is obtained,

    the judge may, subject to any conditions that the judge considers advisable in the public interest, order the Commissioner of Revenue or any person specially designated in writing by the Commissioner for the purposes of this section

    • (c) to allow a police officer named in the order access to all such information and documents and to examine them, or

    • (d) where the judge considers it necessary in the circumstances, to produce all such information and documents to the police officer and allow the police officer to remove the information and documents,

    within such period after the expiration of seven clear days following the service of the order pursuant to subsection (4) as the judge may specify.

  • Marginal note:Service of order

    (4) 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:Extension of period for compliance with order

    (5) A judge who makes an order under subsection (3) may, on application of the Minister of National Revenue, extend the period within which the order is to be complied with.

  • Marginal note:Objection to disclosure of information

    (6) The Minister of National Revenue or any person specially designated in writing by that Minister for the purposes of this section may object to the disclosure of any information or document in respect of which an order under subsection (3) has been made by certifying orally or in writing that the information or document should not be disclosed on the ground that

    • (a) the Minister of National Revenue is prohibited from disclosing the information or document by any bilateral or international treaty, convention or other agreement respecting taxation to which the Government of Canada is a signatory;

    • (b) a privilege is attached by law to the information or document;

    • (c) the information or document has been placed in a sealed package pursuant to law or an order of a court of competent jurisdiction; or

    • (d) disclosure of the information or document would not, for any other reason, be in the public interest.

  • Marginal note:Determination of objection

    (7) Where an objection to the disclosure of information or a document is made under subsection (6), the objection may be determined, on application, in accordance with subsection (8), by the Chief Justice of the Federal Court, or by such other judge of that Court as the Chief Justice may designate to hear such applications.

  • Marginal note:Judge may examine information

    (8) A judge who is to determine an objection pursuant to subsection (7) may, if the judge considers it necessary to determine the objection, examine the information or document in relation to which the objection is made and shall grant the objection and order that disclosure of the information or document be refused where the judge is satisfied of any of the grounds mentioned in subsection (6).

  • Marginal note:Limitation period

    (9) An application under subsection (7) shall be made within ten days after the objection is made or within such greater or lesser period as the Chief Justice of the Federal Court, or such other judge of that Court as the Chief Justice may designate to hear such applications, considers appropriate.

  • Marginal note:Appeal to Federal Court of Appeal

    (10) An appeal lies from a determination under subsection (7) to the Federal Court of Appeal.

  • Marginal note:Limitation period for appeal

    (11) An appeal under subsection (10) shall be brought within ten days from the date of the determination appealed from or within such further time as the Federal Court of Appeal considers appropriate in the circumstances.

  • Marginal note:Special rules for hearings

    (12) An application under subsection (7) or an appeal brought in respect of that application shall

    • (a) be heard in camera; and

    • (b) on the request of the person objecting to the disclosure of information, be heard and determined in the National Capital Region described in the schedule to the National Capital Act.

  • Marginal note:Ex parte representations

    (13) During the hearing of an application under subsection (7) or an appeal brought in respect of that application, the person who made the objection in respect of which the application was made or the appeal was brought shall, on the request of that person, be given the opportunity to make representations ex parte.

  • Marginal note:Copies

    (14) When any information or document is examined or provided under subsection (3), the person by whom it is examined or to whom it is provided or any officer of the Canada Revenue Agency may make, or cause to be made, one or more copies of it, and any copy purporting to be certified by the Minister of National Revenue or an authorized person to be a copy made under this subsection is evidence of the nature and content of the original information or document and has the same probative force as the original information or document would have had if it had been proved in the ordinary way.

  • Marginal note:Further disclosure

    (15) No person to whom information or documents have been disclosed or provided pursuant to this subsection or pursuant to an order made under subsection (3) shall further disclose the information or documents except for the purposes of the investigation in relation to which the order was made.

  • Marginal note:Form

    (16) An order made under subsection (3) may be in Form 47.

  • Definition of police officer

    (17) In this section, police officer means any officer, constable or other person employed for the preservation and maintenance of the public peace.

  • R.S., 1985, c. 42 (4th Supp.), s. 2;
  • 1994, c. 13, s. 7;
  • 1996, c. 19, s. 70;
  • 1997, c. 23, s. 10;
  • 1999, c. 17, s. 120;
  • 2001, c. 32, s. 26, c. 41, ss. 15, 133;
  • 2005, c. 38, ss. 138, 140;
  • 2010, c. 14, s. 9;
  • 2013, c. 9, s. 15;
  • 2014, c. 17, s. 7.
 
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