Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2019-02-28 and last amended on 2018-12-18. Previous Versions

PART XVSpecial Procedure and Powers (continued)

Forfeiture of Offence-related Property (continued)

Marginal note:Appeals from orders under subsection 490.2(2)

 Any person who, in their opinion, is aggrieved by an order made under subsection 490.2(2) may appeal from the order as if the order were an appeal against conviction or against a judgment or verdict of acquittal, as the case may be, under Part XXI, and that Part applies, with any modifications that the circumstances require, in respect of such an appeal.

  • 1997, c. 23, s. 15.

Marginal note:Suspension of order pending appeal

 Notwithstanding anything in this Act, the operation of an order made in respect of property under subsection 490.1(1), 490.2(2) or 490.5(4) is suspended pending

  • (a) any application made in respect of the property under any of those provisions or any other provision of this or any other Act of Parliament that provides for restoration or forfeiture of the property, or

  • (b) any appeal taken from an order of forfeiture or restoration in respect of the property,

and the property shall not be disposed of or otherwise dealt with until thirty days have expired after an order is made under any of those provisions.

  • 1997, c. 23, s. 15.

Marginal note:Application for restraint order

  •  (1) The Attorney General may make an application in accordance with this section for a restraint order under this section in respect of any offence-related property.

  • Marginal note:Procedure

    (2) An application made under subsection (1) for a restraint order in respect of any offence-related property may be made ex parte and shall be made in writing to a judge and be accompanied by an affidavit sworn on the information and belief of the Attorney General or any other person deposing to the following matters:

    • (a) the indictable offence to which the offence-related property relates;

    • (b) the person who is believed to be in possession of the offence-related property; and

    • (c) a description of the offence-related property.

  • Marginal note:Restraint order

    (3) Where an application for a restraint order is made to a judge under subsection (1), the judge may, if satisfied that there are reasonable grounds to believe that the property is offence-related property, make a restraint order prohibiting any person from disposing of, or otherwise dealing with any interest in, the offence-related property specified in the order otherwise than in the manner that may be specified in the order.

  • Marginal note:Property outside Canada

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

  • Marginal note:Conditions

    (4) A restraint order made by a judge under this section may be subject to any reasonable conditions that the judge thinks fit.

  • Marginal note:Order in writing

    (5) A restraint order made under this section shall be made in writing.

  • Marginal note:Service of order

    (6) A copy of a restraint order made under this section shall be served on the person to whom the order is addressed in any manner that the judge making the order directs or in accordance with the rules of the court.

  • Marginal note:Registration of order

    (7) A copy of a restraint order made under this section shall be registered against any property in accordance with the laws of the province in which the property is situated.

  • Marginal note:Order continues in force

    (8) A restraint order made under this section remains in effect until

    • (a) an order is made under subsection 490(9) or (11), 490.4(3) or 490.41(3) in relation to the property; or

    • (b) an order of forfeiture of the property is made under section 490 or subsection 490.1(1) or 490.2(2).

  • Marginal note:Offence

    (9) Any person on whom a restraint order made under this section is served in accordance with this section and who, while the order is in force, acts in contravention of or fails to comply with the order is guilty of an indictable offence or an offence punishable on summary conviction.

  • 1997, c. 23, s. 15;
  • 2001, c. 32, s. 35.

Marginal note:Management order

  •  (1) With respect to offence-related property other than a controlled substance within the meaning of the Controlled Drugs and Substances Act or cannabis as defined in subsection 2(1) of the Cannabis Act, on application of the Attorney General or of any other person with the written consent of the Attorney General, a judge or justice in the case of offence-related property seized under section 487, or a judge in the case of offence-related property restrained under section 490.8, may, if he or she is 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) When 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 (7.1).

  • 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: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: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:Application to vary conditions

    (9) 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).

  • 2001, c. 32, s. 36;
  • 2017, c. 7, s. 68;
  • 2018, c. 16, s. 217.
 
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