490.4 (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
Marginal note:Order of restoration of property
(3) Where a court is satisfied that a person, other than
(a) a person who was charged with an indictable offence under this Act, or
(b) a person who acquired title to or a right of possession of the 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 a part of any property that would otherwise be forfeited pursuant to an order made under subsection 490.1(1) or 490.2(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 be returned to the person.
- 1997, c. 23, s. 15;
- 2001, c. 32, s. 32.
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