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Mutual Legal Assistance in Criminal Matters Act (R.S.C., 1985, c. 30 (4th Supp.))

Act current to 2019-07-01 and last amended on 2018-12-13. Previous Versions

PART IForeign Investigations or Other Proceedings in Respect of Offences (continued)

Foreign Orders for Restraint, Seizure and Forfeiture of Property in Canada (continued)

Marginal note:Orders of forfeiture

  •  (1) When a written request is presented to the Minister by a state or entity, other than the International Criminal Court referred to in section 9.1, for the enforcement of an order of forfeiture of property situated in Canada issued by a court of criminal jurisdiction of the state or entity, the Minister may authorize the Attorney General of Canada or an attorney general of a province to make arrangements for the enforcement of the order.

  • Marginal note:Grounds for refusal of request

    (2) The Minister shall refuse the request if he or she

    • (a) has reasonable grounds to believe that the request has been made for the purpose of punishing a person by reason of their race, sex, sexual orientation, religion, nationality, ethnic origin, language, colour, age, mental or physical disability or political opinion;

    • (b) is of the opinion that enforcement of the order would prejudice an ongoing proceeding or investigation;

    • (c) is of the opinion that enforcement of the order would impose an excessive burden on the resources of federal, provincial or territorial authorities;

    • (d) is of the opinion that enforcement of the order might prejudice Canada’s security, national interest or sovereignty; or

    • (e) is of the opinion that refusal of the request is in the public interest.

  • Marginal note:Filing of order

    (3) On receipt of an authorization, the Attorney General of Canada or an attorney general of a province may file a copy of the order with the superior court of criminal jurisdiction of the province in which all or part of the property that is the subject of the order is believed to be located. On being filed, the order shall be entered as a judgment of that court and may be executed anywhere in Canada.

  • Marginal note:Deemed filing

    (4) An order that is filed under subsection (3) by an attorney general of a province is deemed to be filed by the Attorney General of Canada.

  • Marginal note:Conditions

    (5) Before filing an order, the Attorney General of Canada or an attorney general of a province must be satisfied that

    • (a) the person has been convicted of an offence within the jurisdiction of the state or entity;

    • (b) the offence would be an indictable offence if it were committed in Canada; and

    • (c) the conviction and the order are not subject to further appeal.

  • Marginal note:Effect of registered order

    (6) From the date it is filed under subsection (3), subject to subsection (4),

    • (a) an order of forfeiture of proceeds of crime has the same effect as if it were an order under subsection 462.37(1) or 462.38(2) of the Criminal Code; and

    • (b) an order for the forfeiture of offence-related property has the same effect as if it were an order under subsection 490.1(1) or 490.2(2) of the Criminal Code, subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act or subsection 94(1) or 95(2) of the Cannabis Act, as the case may be.

  • Marginal note:Filing of amendments

    (7) When an order is filed under subsection (3), a copy of any amendments made to the order may be filed in the same way as the order, and the amendments do not, for the purpose of this Act, have effect until they are registered.

  • Marginal note:Notice

    (8) When an order has been filed under subsection (3),

    • (a) an order of forfeiture of proceeds of crime shall not be executed before notice in accordance with subsection 462.41(2) of the Criminal Code has been given to any person who, in the opinion of the court, appears to have a valid interest in the property; and

    • (b) an order of forfeiture of offence-related property shall not be executed before

      • (i) notice in accordance with subsection 490.41(2) of the Criminal Code, subsection 19.1(2) of the Controlled Drugs and Substances Act or subsection 98(2) of the Cannabis Act has been given to any person who resides in a dwelling-house that is offence-related property and who is a member of the immediate family of the person charged with or convicted of the offence in relation to which property would be forfeited, and

      • (ii) notice in accordance with subsection 490.4(2) of the Criminal Code, subsection 19(2) of the Controlled Drugs and Substances Act or subsection 97(2) of the Cannabis Act has been given to any person who, in the opinion of the court, appears to have a valid interest in the property.

  • Marginal note:Application of Criminal Code

    (9) Subsection 462.41(3) and section 462.42 of the Criminal Code apply, with any modifications that the circumstances require, to a person who claims an interest in proceeds of crime, and subsections 490.4(3) and 490.41(3) and section 490.5 of the Criminal Code, subsections 19(3) and 20(4) of the Controlled Drugs and Substances Act and subsections 97(3) and 99(4) of the Cannabis Act apply, with any modifications that the circumstances require, to a person who claims an interest in offence-related property.

  • Marginal note:Presumption

    (10) A person who is convicted of an offence in relation to which an order of forfeiture is issued by a court of criminal jurisdiction of a state or entity is deemed to be a person referred to in paragraph 462.41(3)(a) or 462.42(1)(a) of the Criminal Code.

  • Marginal note:Seized Property Management Act applies

    (11) The provisions of the Seized Property Management Act apply in respect of all property forfeited under this section.

  • 2001, c. 32, s. 65
  • 2018, c. 16, s. 171

Search and Seizure

Marginal note:Application of Criminal Code

 The Criminal Code applies, with any modifications that the circumstances require, in respect of a search or a seizure under this Act, except to the extent that the Criminal Code is inconsistent with this Act.

  • R.S., 1985, c. 30 (4th Supp.), s. 10
  • 2000, c. 24, s. 58

Marginal note:Approval of request for investigative measures

  •  (1) When the Minister approves a request of a state or entity to have a search or a seizure, or the use of any device or investigative technique or other procedure or the doing of any other thing to be described in a warrant, carried out regarding an offence, the Minister shall provide a competent authority with any documents or information necessary to apply for a search warrant or other warrant.

  • Marginal note:Application for warrant

    (2) The competent authority who is provided with the documents or information shall apply ex parte for a search warrant or other warrant to a judge of the province in which the competent authority believes that evidence may be found.

  • R.S., 1985, c. 30 (4th Supp.), s. 11
  • 1999, c. 18, s. 103
  • 2000, c. 24, s. 59

Marginal note:Issuance of search warrant

  •  (1) A judge of a province to whom an application is made under subsection 11(2) may issue a search warrant authorizing a peace officer named therein to execute it anywhere in the province, where the judge is satisfied by statements under oath that there are reasonable grounds to believe that

    • (a) an offence has been committed;

    • (b) evidence of the commission of the offence or information that may reveal the whereabouts of a person who is suspected of having committed the offence will be found in a building, receptacle or place in the province; and

    • (c) it would not, in the circumstances, be appropriate to make an order under subsection 18(1).

  • Marginal note:Commissioner of Competition

    (1.1) The judge may, in addition to or instead of a peace officer, authorize the Commissioner of Competition appointed under subsection 7(1) of the Competition Act or his or her authorized representative named in the warrant to execute the search warrant, in which case the Commissioner or his or her representative, as the case may be, has, in relation to the warrant, all of the powers and duties that are set out for a peace officer in this section and sections 13 and 14.

  • Marginal note:Conditions

    (2) A judge who issues a search warrant under subsection (1) may subject the execution of the warrant to any conditions that the judge considers desirable, including conditions relating to the time or manner of its execution.

  • Marginal note:Hearing re execution

    (3) A judge who issues a search warrant under subsection (1) shall fix a time and place for a hearing to consider the execution of the warrant as well as the report of the peace officer concerning its execution.

  • Marginal note:Contents of warrant

    (4) A search warrant issued under subsection (1) may be in Form 5 in Part XXVIII of the Criminal Code, varied to suit the case, and must

    • (a) set out the time and place for the hearing mentioned in subsection (3);

    • (b) state that, at that hearing, an order will be sought for the sending to the state or entity of the records or things seized in execution of the warrant; and

    • (c) state that every person from whom a record or thing is seized in execution of the warrant and any person who claims to have an interest in a record or thing so seized has the right to make representations at the hearing before any order is made concerning the record or thing.

  • Marginal note:Execution

    (5) A peace officer who executes a search warrant issued under subsection (1) shall, before entering the place or premises to be searched or as soon as practicable thereafter, give a copy of the warrant to any person who is present and appears to be in charge of the place or premises.

  • Marginal note:Affixing a copy

    (6) A peace officer who, in any unoccupied place or premises, executes a search warrant issued under subsection (1) shall, on entering the place or premises or as soon as practicable thereafter, cause a copy of the warrant to be affixed in a prominent place within the place or premises.

  • R.S., 1985, c. 30 (4th Supp.), s. 12
  • 1999, c. 18, s. 104
  • 2000, c. 24, s. 60
  • 2014, c. 31, s. 37
 
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