Mutual Legal Assistance in Criminal Matters Act

Marginal note:Orders of forfeiture

• 9.4 (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 or subsection 16(1) or 17(2) of the Controlled Drugs and Substances 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 or section 19.1(2) of the Controlled Drugs and Substances 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 or subsection 19(2) of the Controlled Drugs and Substances 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 and subsections 19(3) and 20(4) of the Controlled Drugs and Substances 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.