PART 2Reporting of Currency and Monetary Instruments (continued)
Third Party Claims
Marginal note:Interest as owner
32 (1) If currency or monetary instruments have been seized as forfeit under this Part, any person or entity, other than the person or entity in whose possession the currency or monetary instruments were when seized, who claims in respect of the currency or monetary instruments an interest as owner or, in Quebec, a right as owner or trustee may, within 90 days after the seizure, apply by notice in writing to the court for an order under section 33.
Marginal note:Date of hearing
(2) A judge of the court to which an application is made under this section shall fix a day, not less than 30 days after the date of the filing of the application, for the hearing.
Marginal note:Notice to President
(3) The applicant shall serve notice of the application and of the hearing on the President, or an officer delegated by the President for the purpose of this section, not later than 15 days after a day is fixed under subsection (2) for the hearing of the application.
Marginal note:Service of notice
(4) The service of a notice under subsection (3) is sufficient if it is sent by registered mail addressed to the President.
Definition of court
(5) In this section and sections 33 and 34, court means
(a) in the Province of Ontario, the Superior Court of Justice;
(b) in the Province of Quebec, the Superior Court;
(c) in the Provinces of Nova Scotia, British Columbia and Prince Edward Island, Yukon and the Northwest Territories, the Supreme Court;
(d) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench;
(e) in the Province of Newfoundland and Labrador, the Trial Division of the Supreme Court; and
(f) in Nunavut, the Nunavut Court of Justice.
- 2000, c. 17, s. 32;
- 2001, c. 41, s. 63;
- 2005, c. 38, s. 127;
- 2006, c. 12, s. 17;
- 2015, c. 3, s. 148.
33 If, on the hearing of an application made under subsection 32(1), the court is satisfied
(a) that the applicant acquired the interest or right in good faith before the contravention in respect of which the seizure was made,
(b) that the applicant is innocent of any complicity in the contravention of subsection 12(1) that resulted in the seizure and of any collusion in relation to that contravention, and
(c) that the applicant exercised all reasonable care to ensure that any person permitted to obtain possession of the currency or monetary instruments seized would report them in accordance with subsection 12(1),
the applicant is entitled to an order declaring that their interest or right is not affected by the seizure and declaring the nature and extent of their interest or right at the time of the contravention.
- 2000, c. 17, s. 33;
- 2006, c. 12, s. 18.
34 (1) A person or entity that makes an application under section 32 or Her Majesty in right of Canada may appeal to the court of appeal from an order made under section 33 and the appeal shall be asserted, heard and decided according to the ordinary procedure governing appeals to the court of appeal from orders or judgments of a court.
Definition of court of appeal
(2) In this section, court of appeal means, in the province in which an order referred to in subsection (1) is made, the court of appeal for that province as defined in section 2 of the Criminal Code.
- 2000, c. 17, s. 34;
- 2006, c. 12, s. 19(E).
Marginal note:Delivery after final order
35 (1) The Minister of Public Works and Government Services shall, after the forfeiture of currency or monetary instruments has become final and on being informed by the President that a person or entity has obtained a final order under section 33 or 34 in respect of the currency or monetary instruments, give to the person or entity
Marginal note:Limit on amount paid
(2) The total amount paid under paragraph (1)(b) shall, if the currency or monetary instruments were sold or otherwise disposed of under the Seized Property Management Act, not exceed the proceeds of the sale or disposition, if any, less any costs incurred by Her Majesty in respect of the currency or monetary instruments.
- 2000, c. 17, s. 35;
- 2005, c. 38, s. 127;
- 2006, c. 12, s. 20.
Disclosure and Use of Information
Marginal note:Use of information
(1.1) An officer may use information referred to in subsection (1) if the officer has reasonable grounds to suspect that the information is relevant to determining whether a person is a person described in sections 34 to 42 of the Immigration and Refugee Protection Act or is relevant to an offence under any of sections 91, 117 to 119, 126 or 127 of that Act.
Marginal note:Disclosure of information to a police force
(2) An officer who has reasonable grounds to suspect that information referred to in subsection (1) would be relevant to investigating or prosecuting a money laundering offence or a terrorist activity financing offence may disclose the information to the appropriate police force.
Marginal note:Disclosure of information to the Centre
(3) An officer may disclose to the Centre information referred to in subsection (1) if the officer has reasonable grounds to suspect that it would be of assistance to the Centre in the detection, prevention or deterrence of money laundering or of the financing of terrorist activities.
Marginal note:Disclosure of information to Canada Revenue Agency
(3.01) An officer may disclose to the Canada Revenue Agency information referred to in subsection (1) about the circumstances of a seizure under subsection 18(1) if the officer has reasonable grounds to suspect that the currency or monetary instruments seized
(b) relate to a registered charity as defined in subsection 248(1) of the Income Tax Act, to an entity that has applied for registration as such a registered charity, or to a person or any other entity that solicits charitable financial donations from the public.
Marginal note:Recording of reasons for decision
(3.1) If an officer decides to disclose information under any of subsections (2) to (3.01), the officer shall record in writing the reasons for the decision.
Marginal note:Powers, duties and functions
(4) An official may disclose information referred to in subsection (1) for the purpose of exercising powers or performing duties and functions under this Part.
Marginal note:Immunity from compulsory processes
(5) Subject to section 36 of the Access to Information Act and sections 34 and 37 of the Privacy Act, an official is required to comply with a subpoena, an order for production of documents, a summons or any other compulsory process only if it is issued in the course of
Definition of official
(6) In this section and section 37, official means a person who obtained or who has or had access to information referred to in subsection (1) in the course of exercising powers or performing duties and functions under this Part.
- 2000, c. 17, s. 36;
- 2001, c. 41, s. 64;
- 2006, c. 12, s. 22;
- 2014, c. 20, s. 275.
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