Controlled Drugs and Substances Act (S.C. 1996, c. 19)

Act current to 2019-04-25 and last amended on 2018-10-17. Previous Versions

PART IIIDisposition (continued)

DIVISION 1Non-chemical Offence-related Property (continued)

Restraint Orders (continued)

 [Repealed, 2017, c. 7, s. 14]

Marginal note:Sections 489.1 and 490 of Criminal Code applicable

  •  (1) Subject to sections 16 to 22, sections 489.1 and 490 of the Criminal Code apply, with any modifications that the circumstances require, to any property that is the subject of a restraint order made under section 14.

  • Marginal note:Recognizance

    (2) If, under this section, an order is made in accordance with paragraph 490(9)(c) of the Criminal Code for the return of any property that is the subject of a restraint order made under section 14, the judge or justice making the order may require the applicant for the order to enter into a recognizance before the judge or justice, with or without sureties, in the amount and with any conditions that the judge or justice directs and, if the judge or justice considers it appropriate, require the applicant to deposit with the judge or justice the sum of money or other valuable security that the judge or justice directs.

  • 1996, c. 19, s. 15
  • 2017, c. 7, s. 14

Management Orders

Marginal note:Management order

  •  (1) On application of the Attorney General or of any other person with the written consent of the Attorney General, a justice in the case of non-chemical offence-related property seized under section 11 of this Act, the Criminal Code or a power of seizure at common law, or a judge in the case of property restrained under section 14, may, if they are of the opinion that the circumstances so require,

    • (a) appoint a person to take control of and to manage or otherwise deal with all or part of the property in accordance with the directions of the judge or justice; and

    • (b) require any person having possession of that property to give possession of the property to the person appointed under paragraph (a).

  • Marginal note:Appointment of Minister of Public Works and Government Services

    (2) If the Attorney General of Canada so requests, a judge or justice appointing a person under subsection (1) shall appoint the Minister of Public Works and Government Services.

  • Marginal note:Power to manage

    (3) The power to manage or otherwise deal with property under subsection (1) includes

    • (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 (8).

  • 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 required before destruction

    (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:Manner of giving notice

    (6) A notice shall

    • (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: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:Application for forfeiture order

    (8) 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

    (9) 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

    (10) 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:Application to vary conditions

    (11) The Attorney General may at any time apply to the judge or justice to cancel or vary any condition to which a management order is subject but may not apply to vary an appointment made under subsection (2).

  • 2017, c. 7, s. 14

Forfeiture

Marginal note:Forfeiture of property

  •  (1) Subject to sections 18 to 19.1, if a person is convicted, or discharged under section 730 of the Criminal Code, of a designated substance offence and, on application of the Attorney General, the court is satisfied, on a balance of probabilities, that non-chemical 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 purposes of this paragraph.

  • Marginal note:Property related to other offences

    (2) Subject to sections 18 to 19.1, 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 designated substance offence of which a person is convicted or discharged, but the court is satisfied, beyond a reasonable doubt, that the property is non-chemical offence-related property, the court may make an order of forfeiture under subsection (1) in relation to that property.

  • Marginal note:Property outside Canada

    (2.1) An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.

  • Marginal note:Appeal

    (3) A person who has been convicted or discharged of a designated substance offence or the Attorney General may appeal to the court of appeal from an order or a failure to make an order under subsection (1) as if the appeal were an appeal against the sentence imposed on the person in respect of the offence.

  • 1996, c. 19, s. 16
  • 2001, c. 32, s. 51
  • 2017, c. 7, s. 16

Marginal note:Application for in rem forfeiture

  •  (1) Where an information has been laid in respect of a designated substance offence, the Attorney General may make an application to a judge for an order of forfeiture under subsection (2).

  • Marginal note:Order of forfeiture of property

    (2) Subject to sections 18 to 19.1, where an application is made to a judge under subsection (1) and the judge is satisfied

    • (a) beyond a reasonable doubt that any property is non-chemical offence-related property,

    • (b) that proceedings were commenced in respect of a designated substance offence to which the property referred to in paragraph (a) is related, and

    • (c) that the accused charged with the designated substance offence has died or absconded,

    the judge shall order that the property be forfeited and disposed of in accordance with subsection (4).

  • Marginal note:Accused deemed absconded

    (3) For the purposes of subsection (2), an accused shall be deemed to have absconded in connection with a designated substance offence if

    • (a) an information has been laid alleging the commission of the offence by the accused,

    • (b) a warrant for the arrest of the accused has been issued in relation to that information, and

    • (c) reasonable attempts to arrest the accused pursuant to the warrant have been unsuccessful during a period of six months beginning on the day on which the warrant was issued,

    and the accused shall be deemed to have so absconded on the last day of that six month period.

  • Marginal note:Who may dispose of forfeited property

    (4) For the purposes of subsection (2),

    • (a) if the proceedings referred to in paragraph (2)(b) were commenced at the instance of the government of a province, the judge shall order that the property be forfeited to Her Majesty in right of that province and 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, the judge shall order that the property be forfeited to Her Majesty in right of Canada and 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 purposes of this paragraph.

  • Marginal note:Property outside Canada

    (5) An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.

  • 1996, c. 19, s. 17
  • 2001, c. 32, s. 52
  • 2017, c. 7, s. 17
 
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