Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2018-12-12 and last amended on 2018-10-17. Previous Versions

PART XIIOffences Relating to Currency (continued)

Forfeiture

Marginal note:Ownership

  •  (1) Counterfeit money, counterfeit tokens of value and anything that is used or is intended to be used to make counterfeit money or counterfeit tokens of value belong to Her Majesty.

  • Marginal note:Seizure

    (2) A peace officer may seize and detain

    • (a) counterfeit money,

    • (b) counterfeit tokens of value, and

    • (c) machines, engines, tools, instruments, materials or things that have been used or that have been adapted and are intended for use in making counterfeit money or counterfeit tokens of value,

    and anything seized shall be sent to the Minister of Finance to be disposed of or dealt with as he may direct, but anything that is required as evidence in any proceedings shall not be sent to the Minister until it is no longer required in those proceedings.

  • R.S., c. C-34, s. 420.

PART XII.1[Repealed, 2018, c. 16, s. 211]

 [Repealed, 2018, c. 16, s. 211]

 [Repealed, 2018, c. 16, s. 211]

PART XII.2Proceeds of Crime

Interpretation

Marginal note:Definitions

  •  (1) In this Part,

    designated drug offence

    designated drug offence[Repealed, 1996, c. 19, s. 68]

    designated offence

    infraction désignée

    designated offence means

    • (a) any offence that may be prosecuted as an indictable offence under this or any other Act of Parliament, other than an indictable offence prescribed by regulation, or

    • (b) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a); (infraction désignée)

    designated substance offence

    designated substance offence[Repealed, 2001, c. 32, s. 12]

    enterprise crime offence

    enterprise crime offence[Repealed, 2001, c. 32, s. 12]

    judge

    juge

    judge means a judge as defined in section 552 or a judge of a superior court of criminal jurisdiction; (juge)

    proceeds of crime

    produits de la criminalité

    proceeds of crime means any property, benefit or advantage, within or outside Canada, obtained or derived directly or indirectly as a result of

    • (a) the commission in Canada of a designated offence, or

    • (b) an act or omission anywhere that, if it had occurred in Canada, would have constituted a designated offence. (produits de la criminalité)

  • Marginal note:Regulations

    (2) The Governor in Council may make regulations prescribing indictable offences that are excluded from the definition designated offence in subsection (1).

  • Marginal note:Powers of Attorney General of Canada

    (3) Despite the definition Attorney General in section 2, the Attorney General of Canada may

    • (a) exercise all the powers and perform all the duties and functions assigned to the Attorney General by or under this Act in respect of a designated offence if the alleged offence arises out of conduct that in whole or in part is in relation to an alleged contravention of an Act of Parliament or a regulation made under such an Act, other than this Act or a regulation made under this Act; and

    • (b) conduct proceedings and exercise all the powers and perform all the duties and functions assigned to the Attorney General by or under this Act in respect of

      • (i) an offence referred to in section 354, 355.2, 355.4 or 462.31, if the alleged offence arises out of conduct that in whole or in part is in relation to an alleged contravention of an Act of Parliament, other than this Act, or a regulation made under such an Act, and

      • (ii) an offence under subsection 462.33(11) if the restraint order was made on application of the Attorney General of Canada.

  • Marginal note:Powers of Attorney General of a province

    (4) Subsection (3) does not affect the authority of the Attorney General of a province to conduct proceedings in respect of a designated offence or to exercise any of the powers or perform any of the duties and functions assigned to the Attorney General by or under this Act.

  • R.S., 1985, c. 42 (4th Supp.), s. 2;
  • 1993, c. 25, s. 95, c. 37, s. 32, c. 46, s. 5;
  • 1994, c. 44, s. 29;
  • 1995, c. 39, s. 151;
  • 1996, c. 19, ss. 68, 70;
  • 1997, c. 18, s. 27, c. 23, s. 9;
  • 1998, c. 34, ss. 9, 11;
  • 1999, c. 5, ss. 13, 52;
  • 2001, c. 32, s. 12, c. 41, ss. 14, 33;
  • 2005, c. 44, s. 1;
  • 2010, c. 14, s. 7.

Offence

Marginal note:Laundering proceeds of crime

  •  (1) Every one commits an offence who uses, transfers the possession of, sends or delivers to any person or place, transports, transmits, alters, disposes of or otherwise deals with, in any manner and by any means, any property or any proceeds of any property with intent to conceal or convert that property or those proceeds, knowing or believing that all or a part of that property or of those proceeds was obtained or derived directly or indirectly as a result of

    • (a) the commission in Canada of a designated offence; or

    • (b) an act or omission anywhere that, if it had occurred in Canada, would have constituted a designated offence.

  • Marginal note:Punishment

    (2) Every one who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Exception

    (3) A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under subsection (1) if the peace officer or person does any of the things mentioned in that subsection for the purposes of an investigation or otherwise in the execution of the peace officer’s duties.

  • R.S., 1985, c. 42 (4th Supp.), s. 2;
  • 1996, c. 19, s. 70;
  • 1997, c. 18, s. 28;
  • 2001, c. 32, s. 13;
  • 2005, c. 44, s. 2(F).

Search, Seizure and Detention of Proceeds of Crime

Marginal note:Special search warrant

  •  (1) Subject to subsection (3), if a judge, on application of the Attorney General, is satisfied by information on oath in Form 1 that there are reasonable grounds to believe that there is in any building, receptacle or place, within the province in which the judge has jurisdiction or any other province, any property in respect of which an order of forfeiture may be made under subsection 462.37(1) or (2.01) or 462.38(2), in respect of a designated offence alleged to have been committed within the province in which the judge has jurisdiction, the judge may issue a warrant authorizing a person named in the warrant or a peace officer to search the building, receptacle or place for that property and to seize that property and any other property in respect of which that person or peace officer believes, on reasonable grounds, that an order of forfeiture may be made under that subsection.

  • Marginal note:Procedure

    (2) An application for a warrant under subsection (1) may be made ex parte, shall be made in writing and shall include a statement as to whether any previous applications have been made under subsection (1) with respect to the property that is the subject of the application.

  • Marginal note:Execution of warrant

    (2.1) Subject to subsection (2.2), a warrant issued pursuant to subsection (1) may be executed anywhere in Canada.

  • Marginal note:Execution in another province

    (2.2) Where a warrant is issued under subsection (1) in one province but it may be reasonably expected that it is to be executed in another province and the execution of the warrant would require entry into or on the property of any person in the other province, a judge in the other province may, on ex parte application, confirm the warrant, and when the warrant is so confirmed it shall have full force and effect in that other province as though it had originally been issued in that province.

  • Marginal note:Execution of warrant in other territorial jurisdictions

    (3) Subsections 487(2) to (4) and section 488 apply, with such modifications as the circumstances require, to a warrant issued under this section.

  • Marginal note:Detention and record of property seized

    (4) Every person who executes a warrant issued by a judge under this section shall

    • (a) detain or cause to be detained the property seized, taking reasonable care to ensure that the property is preserved so that it may be dealt with in accordance with the law;

    • (b) as soon as practicable after the execution of the warrant but within a period not exceeding seven days thereafter, prepare a report in Form 5.3, identifying the property seized and the location where the property is being detained, and cause the report to be filed with the clerk of the court; and

    • (c) cause a copy of the report to be provided, on request, to the person from whom the property was seized and to any other person who, in the opinion of the judge, appears to have a valid interest in the property.

  • Marginal note:Return of proceeds

    (4.1) Subject to this or any other Act of Parliament, a peace officer who has seized anything under a warrant issued by a judge under this section may, with the written consent of the Attorney General, on being issued a receipt for it, return the thing seized to the person lawfully entitled to its possession, if

    • (a) the peace officer is satisfied that there is no dispute as to who is lawfully entitled to possession of the thing seized;

    • (b) the peace officer is satisfied that the continued detention of the thing seized is not required for the purpose of forfeiture; and

    • (c) the thing seized is returned before a report is filed with the clerk of the court under paragraph (4)(b).

  • Marginal note:Notice

    (5) Before issuing a warrant under this section in relation to any property, a judge may require notice to be given to and may hear any person who, in the opinion of the judge, appears to have a valid interest in the property unless the judge is of the opinion that giving such notice before the issuance of the warrant would result in the disappearance, dissipation or reduction in value of the property or otherwise affect the property so that all or a part thereof could not be seized pursuant to the warrant.

  • Marginal note:Undertakings by Attorney General

    (6) Before issuing a warrant under this section, a judge shall require the Attorney General to give such undertakings as the judge considers appropriate with respect to the payment of damages or costs, or both, in relation to the issuance and execution of the warrant.

  • R.S., 1985, c. 42 (4th Supp.), s. 2;
  • 1997, c. 18, s. 29;
  • 2001, c. 32, s. 14;
  • 2005, c. 44, s. 3;
  • 2017, c. 7, s. 57(F).
 
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