An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts (S.C. 2017, c. 7)

1993, c. 37Seized Property Management Act

Marginal note:2001, c. 41, ss. 135(6) and (7)

70 Paragraphs 4(1)(a) and (b) of the Seized Property Management Act are replaced by the following :

Marginal note:2001, c. 41, s. 135(8)

71 Subsection 5(1) of the Act is replaced by the following :

Marginal note:2001, c. 32, s. 77

• 72 (1) Paragraphs 7(2)(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 (2.1) to (2.4), 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 (2.5).

• Marginal note:2001, c. 32, s. 77

  (2) Subsection 7(2.2) of the Act is replaced by the following :

  • Marginal note:Notice

    (2.2) Before making a destruction order, a court shall require notice in accordance with subsection (2.3) 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. 77

  (3) Paragraphs 7(2.3)(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; and

  • (b) specify the effective period of the notice that the court considers reasonable or that may be set out in the rules of the court.

• Marginal note:2001, c. 32, s. 77

  (4) Subsections 7(2.4) and (3) of the Act are replaced by the following :

  • Marginal note:Destruction order

    (2.4) 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

    (2.5) On application by the Minister, a court shall order that the property, other than real property or a conveyance, be forfeited to Her Majesty and 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

    (3) 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

    (4) 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.

Coming into Force

Marginal note:Order in council

• 73 (1) Subsection 1(1) and section 28 come into force on a day to be fixed by order of the Governor in Council.

• Marginal note:Order in council

  (2) Subsection 1(6), section 2, subsections 3(2) and 7(1), (3) and (5), sections 8 and 10 to 24, subsection 26(8), sections 29, 54, 58 and 59, subsection 60(1) and sections 61, 64 to 68 and 70 to 72 come into force on a day to be fixed by order of the Governor in Council.

• Marginal note:Order in council

  (3) Sections 31, 32 and 36 and subsection 40(13) come into force on a day to be fixed by order of the Governor in Council, but this day must not be before the day fixed by the Governor in Council under subsection (5).

• Marginal note:Order in council

  (4) Section 35 comes into force on a day to be fixed by order of the Governor in Council.

• Marginal note:Order in council

  (5) Subsection 40(12) comes into force on a day to be fixed by order of the Governor in Council.