An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts (S.C. 2017, c. 7)
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Assented to 2017-05-18
Related Amendments (continued)
R.S., c. C-46Criminal Code (continued)
Marginal note:R.S., c. 42 (4th Supp.), s. 2
62 The portion of paragraph 462.43(1)(c) of the French version of the Act after subparagraph (ii) is replaced by the following :
toutefois, si le saisi ou la personne qui l’a remis à l’administrateur n’en avait pas la possession légitime et si le véritable propriétaire ou la personne qui a droit à sa possession légitime est inconnu, le juge peut en ordonner la confiscation au profit de Sa Majesté, l’ordonnance prévoyant qu’il est disposé du bien selon les instructions du procureur général ou autrement en conformité avec le droit applicable.
Marginal note:1997, c. 18, s. 50(2)
63 The portion of subsection 490(9) of the French version of the Act after paragraph (d) is replaced by the following :
en cas d’illégalité de la possession de cette chose par la personne entre les mains de qui elle a été saisie, ou si nul n’en avait la possession au moment de la saisie, et lorsque ne sont pas connus le propriétaire légitime ni la personne ayant droit à la possession de cette chose, le juge peut en outre ordonner qu’elle soit confisquée au profit de Sa Majesté; il en est alors disposé selon les instructions du procureur général ou autrement en conformité avec le droit applicable.
Marginal note:1997, c. 23, s. 15; 2007, c. 13, ss. 8(1) and (2)
64 Subsections 490.1(1) and (2) of the Act are replaced by the following :
Marginal note:Order of forfeiture of property on conviction
490.1 (1) Subject to sections 490.3 to 490.41, if a person is convicted, or discharged under section 730, of an indictable offence under this Act or the Corruption of Foreign Public Officials Act and, on application of the Attorney General, the court is satisfied, on a balance of probabilities, that offence-related property is related to the commission of the offence, the court shall
(a) if the prosecution of the offence was commenced at the instance of the government of a province and conducted by or on behalf of that government, order that the property be forfeited to Her Majesty in right of that province to be disposed of or otherwise dealt with in accordance with the law by the Attorney General or Solicitor General of that province; and
(b) in any other case, order that the property be forfeited to Her Majesty in right of Canada to be disposed of or otherwise dealt with in accordance with the law by the member of the Queen’s Privy Council for Canada that is designated by the Governor in Council for the purpose of this paragraph.
Marginal note:Property related to other offences
(2) Subject to sections 490.3 to 490.41, if the evidence does not establish to the satisfaction of the court that property in respect of which an order of forfeiture would otherwise be made under subsection (1) is related to the commission of the indictable offence under this Act or the Corruption of Foreign Public Officials Act of which a person is convicted or discharged, but the court is satisfied, beyond a reasonable doubt, that the property is offence-related property, the court may make an order of forfeiture under subsection (1) in relation to that property.
Marginal note:1997, c. 23, s. 15
65 Paragraphs 490.2(4)(a) and (b) of the Act are replaced by the following :
(a) if the prosecution of the offence was commenced at the instance of the government of a province and conducted by or on behalf of that government, order that the property be forfeited to Her Majesty in right of that province to be disposed of or otherwise dealt with in accordance with the law by the Attorney General or Solicitor General of that province; and
(b) in any other case, order that the property be forfeited to Her Majesty in right of Canada to be disposed of or otherwise dealt with in accordance with the law by the member of the Queen’s Privy Council for Canada that is designated by the Governor in Council for the purpose of this paragraph.
Marginal note:1997, c. 23, s. 15
66 The portion of subsection 490.4(2) of the Act before paragraph (c) is replaced by the following :
Marginal note:Manner of giving notice
(2) A notice shall
(a) be given in the manner that the court directs or that may be specified in the rules of the court;
(b) specify the period that the court considers reasonable or that may be set out in the rules of the court during which a person may make an application to the court asserting their interest in the property; and
Marginal note:2001, c. 32, s. 33
67 Paragraphs 490.41(2)(a) and (b) of the Act are replaced by the following :
(a) be given in the manner that the court directs or that may be specified in the rules of the court;
(b) specify the period that the court considers reasonable or that may be set out in the rules of the court during which a member of the immediate family who resides in the dwelling-house may make themselves known to the court; and
Marginal note:2001, c. 32, s. 36
68 (1) Paragraphs 490.81(3)(a) and (b) of the Act are replaced by the following :
(a) the power to make an interlocutory sale of perishable or rapidly depreciating property;
(b) the power to destroy, in accordance with subsections (4) to (7), property that has little or no value; and
(c) the power to have property, other than real property or a conveyance, forfeited to Her Majesty in accordance with subsection (7.1).
Marginal note:2001, c. 32, s. 36
(2) Subsections 490.81(4) and (5) of the Act are replaced by the following :
Marginal note:Application for destruction order
(4) Before a person who is appointed to manage property destroys property that has little or no value, they shall apply to a court for a destruction order.
Marginal note:Notice
(5) Before making a destruction order, a court shall require notice in accordance with subsection (6) to be given to and may hear any person who, in the court’s opinion, appears to have a valid interest in the property.
Marginal note:2001, c. 32, s. 36
(3) Paragraphs 490.81(6)(a) and (b) of the Act are replaced by the following :
Marginal note:2001, c. 32, s. 36
(4) Subsections 490.81(7) and (8) of the Act are replaced by the following :
Marginal note:Destruction order
(7) A court shall order that the property be destroyed if it is satisfied that the property has little or no financial or other value.
Marginal note:Forfeiture order
(7.1) On application by a person who is appointed to manage the property, a court shall order that the property, other than real property or a conveyance, be forfeited to Her Majesty to be disposed of or otherwise dealt with in accordance with the law if
(a) a notice is given or published in the manner that the court directs or that may be specified in the rules of the court;
(b) the notice specifies a period of 60 days during which a person may make an application to the court asserting their interest in the property; and
(c) during that period, no one makes such an application.
Marginal note:When management order ceases to have effect
(8) A management order ceases to have effect when the property that is the subject of the management order is returned in accordance with the law, destroyed or forfeited to Her Majesty.
Marginal note:For greater certainty
(8.1) For greater certainty, if property that is the subject of a management order is sold, the management order applies to the net proceeds of the sale.
Marginal note:R.S., c. 27 (1st Supp.), s. 74
69 Paragraph 491.1(2)(b) of the French version of the Act is replaced by the following :
b) confiscation au profit de Sa Majesté, si leur propriétaire légitime ou la personne qui a droit à leur possession légitime ne sont pas connus, pour qu’il en soit disposé selon que l’ordonne le procureur général ou autrement en conformité avec le droit applicable.
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