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Disposal of Forfeited Goods and Chattels Regulations (C.R.C., c. 948)

Regulations are current to 2024-10-14

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Disposal of Forfeited Goods and Chattels Regulations

C.R.C., c. 948

INDIAN ACT

Regulations Respecting the Disposal of Goods and Chattels Ordered Forfeited Pursuant to Subsection 103(3) of the Indian Act

Short Title

1 These Regulations may be cited as the Disposal of Forfeited Goods and Chattels Regulations.

Interpretation

2 In these Regulations, Act means the Indian Act.

General

3 Goods and chattels forfeited to Her Majesty pursuant to the provisions of subsection 103(3) of the Act shall be sold at public auction following advertisement published in such local papers as the Minister may designate.

4 Where any goods and chattels have been forfeited pursuant to subsection 103(3) of the Act, anyone (other than the person accused of an offence resulting in such forfeiture, or the person in possession of such goods and chattels when the offence was committed) who claims an interest in such goods and chattels as owner, mortgagee, lien-holder or holder of any like interest, may, within 30 days after such forfeiture, apply to the Minister for a determination of his interest.

5 Where, following such application, it appears to the satisfaction of the Minister,

  • (a) that the claimant is innocent of any complicity in the offence resulting in such forfeiture, or of any collusion with the offender in relation thereto, and

  • (b) that he exercised all reasonable care in respect of the person permitted to obtain the possession of such goods and chattels to satisfy himself that they were not likely to be used contrary to the provisions of the Act, or, if a mortgagee or lien-holder, that before becoming such mortgagee or lien-holder exercised such care with respect to the mortgagor or lien-giver,

the Minister may order that the interest of the claimant be not affected by such forfeiture.

6 Where the circumstances make it appear to the Minister that the goods and chattels forfeited pursuant to subsection 103(3) of the Act should in the public interest be disposed of otherwise than by public auction, the Minister may direct that they be otherwise disposed of, in which case the direction shall prescribe such conditions and restrictions as the Minister may deem necessary or advisable.

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