Seized Property Management Act (S.C. 1993, c. 37)
Full Document:
Act current to 2012-05-14 and last amended on 2005-11-25. Previous Versions
Marginal note:If costs are greater than proceeds
14. If the proceeds of disposition available to Her Majesty from the forfeiture of any property pursuant to subsection 462.37(1), (2) or (2.01) or 462.38(2), subparagraph 462.43(c)(iii) or subsection 490(9) of the Criminal Code or subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act are insufficient to cover the outstanding amounts charged to the Working Capital Account pursuant to subsection 12(2), and any interest on it, in respect of the property, there shall be charged to the Proceeds Account and credited to the Working Capital Account, or to interest revenue, as the case may be, an amount equal to the amount of the shortfall.
- 1993, c. 37, s. 14;
- 1996, c. 19, s. 92;
- 1997, c. 23, s. 25;
- 2005, c. 44, s. 16.
Marginal note:Advances to Proceeds Account
15. (1) Where the amount standing to the credit of the Proceeds Account is not sufficient for the payment of any amount required to be charged to the Proceeds Account pursuant to section 13, the Minister of Finance may, on a request therefor by the Minister, authorize the making of an advance to the Proceeds Account in an amount sufficient to meet the payment.
Marginal note:Repayment of advance
(2) An advance made pursuant to subsection (1) shall be credited to the Proceeds Account and repaid in such manner and on such terms and conditions, including the payment of interest, as the Minister of Finance may fix.
Marginal note:Idem
(3) The repayment of an amount advanced pursuant to subsection (1) shall be charged to the Proceeds Account.
Marginal note:Credit of excess to account
16. At the prescribed times, all amounts credited to the Proceeds Account that are not shared pursuant to sections 10 and 11, less such amounts as are reserved
(a) for future losses,
(b) to pay claims arising from undertakings given by the Attorney General pursuant to subsections 462.32(6) and 462.33(7) of the Criminal Code, and
(c) for ongoing expenses,
shall be credited to such account in the accounts of Canada as is prescribed.
GENERAL
Marginal note:Advances are debts owing
17. Advances made pursuant to paragraph 9(b) and any interest thereon are debts owing to Her Majesty and may be recovered as such in any court of competent jurisdiction or in any manner provided for by law.
Marginal note:Indemnity
18. Subject to the regulations, the Minister may indemnify any person referred to in paragraph 9(g) against any claim made against the person in respect of anything done, or omitted to be done, in good faith by the person in relation to any property referred to in any of subsections 4(1) to (3) that is in the possession or under the control of the Minister.
- 1993, c. 37, s. 18;
- 1997, c. 18, s. 136(F).
