Seized Property Management Act (S.C. 1993, c. 37)

Short Title

Marginal note:Short title

1 This Act may be cited as the Seized Property Management Act.

Interpretation

Marginal note:Definitions

2 In this Act,

Attorney General

Attorney General means the Attorney General of Canada and the lawful deputy of the Attorney General of Canada; (procureur général)

designated drug offence

designated drug offence[Repealed, 1996, c. 19, s. 85]

designated offence

designated offence has the same meaning as in subsection 462.3(1) of the Criminal Code; (infraction désignée)

designated substance offence

designated substance offence[Repealed, 2001, c. 32, s. 73]

enterprise crime offence

enterprise crime offence[Repealed, 2001, c. 32, s. 73]

Her Majesty

Her Majesty means Her Majesty in right of Canada; (Sa Majesté)

judge

judge means a judge within the meaning of section 552 of the Criminal Code; (juge)

justice

justice means a justice within the meaning of section 2 of the Criminal Code; (juge de paix)

management order

management order means an order made under subsection 7(1); (ordonnance de prise en charge)

Minister

Minister means the Minister of Public Works and Government Services; (ministre)

offence-related property

offence-related property has the meaning given that expression by subsection 2(1) of the Controlled Drugs and Substances Act or by subsection 2(1) of the Cannabis Act; (biens infractionnels)

prescribed

prescribed means prescribed by the regulations; (Version anglaise seulement)

Proceeds Account

Proceeds Account means the Seized Property Proceeds Account established by subsection 13(1); (compte des biens saisis)

proceeds of crime

proceeds of crime has the same meaning as in subsection 462.3(1) of the Criminal Code; (produits de la criminalité)

proceeds of disposition

proceeds of disposition means, in the case of forfeited property other than money, the proceeds of sale on the disposition of the property, and in the case of forfeited property that is money, the amount of the forfeited money; (produit de la disposition)

restrained property

restrained property means any property that is the subject of a restraint order made under section 83.13, 462.33 or 490.8 of the Criminal Code, section 14 of the Controlled Drugs and Substances Act or section 91 of the Cannabis Act; (biens bloqués)

seized property

seized property means any property seized under the authority of any Act of Parliament or pursuant to any warrant or any rule of law in connection with any designated offence; (biens saisis)

terrorism offence

terrorism offence has the same meaning as in section 2 of the Criminal Code; (infraction de terrorisme)

Working Capital Account

Working Capital Account means the Seized Property Working Capital Account established by subsection 12(1). (fonds de roulement)

Purposes of Act

Marginal note:Purposes of Act

3 The purposes of this Act are

• (a) to authorize the Minister to provide consultative and other services to law enforcement agencies in relation to the seizure or restraint of property in connection with designated offences, or property that is or may be proceeds of crime or offence-related property;

• (a.1) to authorize the Minister to provide consultative and other services to any person employed in the federal public administration or by a provincial or municipal authority in relation to the seizure, restraint, custody, management, forfeiture or disposal of property

  • (i) by means of or in respect of which an offence or violation is committed,

  • (ii) that is used in any manner in connection with the commission of an offence or violation, or

  • (iii) that is intended for use for the purpose of committing an offence or violation;

• (b) to authorize the Minister to manage property

  • (i) seized or restrained under any Act of Parliament or of the legislature of a province by a person employed in the federal public administration or by a provincial or municipal authority,

  • (ii) forfeited under any Act of Parliament or of the legislature of a province, or

  • (iii) paid under subsection 18(2) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act;

• (c) to authorize the Minister to dispose of property referred to in paragraph (b) when it is forfeited to Her Majesty and, with the consent of the government of the province, when it is forfeited to Her Majesty in right of a province;

• (d) where property referred to in paragraph (c) is forfeited to Her Majesty and disposed of, or where a fine is imposed pursuant to subsection 462.37(3) of the Criminal Code, to provide authority for the sharing, in certain circumstances, of the proceeds of disposition therefrom or the fine, as the case may be, with jurisdictions the law enforcement agencies of which participated in the investigations of the offences that led to the forfeiture or the imposition of the fine; and

• (e) if property referred to in paragraph (c) is forfeited to Her Majesty in right of a province and disposed of by the Minister with the consent of the government of the province, to provide authority for the sharing of the proceeds of disposition in accordance with directions given by that government.

Management of Property

Marginal note:Minister to be responsible for management of property

• 4 (1) On taking possession or control thereof, the Minister shall be responsible for the custody and management of all property that is

  • (a) seized under a warrant issued under section 83.13, 462.32, 462.321 or 487 of the Criminal Code, section 11 of the Controlled Drugs and Substances Act or section 87 of the Cannabis Act on the application of the Attorney General and that the Minister is appointed to manage under subsection 83.13(3), 462.331(2) or 490.81(2) of the Criminal Code, subsection 15.1(2) of the Controlled Drugs and Substances Act or subsection 93(2) of the Cannabis Act, as the case may be;

  • (b) subject to a restraint order made under section 83.13, 462.33 or 490.8 of the Criminal Code, section 14 of the Controlled Drugs and Substances Act or section 91 of the Cannabis Act on the application of the Attorney General and that the Minister is appointed to manage under subsection 83.13(3), 462.331(2) or 490.81(2) of the Criminal Code, subsection 15.1(2) of the Controlled Drugs and Substances Act or subsection 93(2) of the Cannabis Act, as the case may be;

  • (b.01) seized or restrained under any Act of Parliament or of the legislature of a province if the Minister agrees to be responsible for the custody and management of the property;

  • (b.1) forfeited under subsection 14(5), seized under subsection 18(1) or paid under subsection 18(2) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act;

  • (b.2) forfeited under subparagraph 715.34(1)(e)(i) of the Criminal Code;

  • (b.3) if the Minister agrees to be responsible for its custody and management, forfeited under any Act of Parliament, other than under subsection 14(5) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act or subparagraph 715.34(1)(e)(i) of the Criminal Code or forfeited under any Act of the legislature of a province; or

  • (c) subject to a management order.

• Marginal note:Responsibility continues after forfeiture

  (2) Where property referred to in subsection (1) that is in the possession or under the control of the Minister is forfeited to Her Majesty, the Minister shall continue to be responsible for the custody and management thereof until the property is disposed of.

• Marginal note:Additional responsibility

  (3) In addition to being responsible for the custody and management of property referred to in subsections (1) and (2), the Minister shall be responsible, until the property is disposed of, for the custody and management of all proceeds of crime, offence-related property and property that was the subject of an application under section 83.14 of the Criminal Code, that were forfeited to Her Majesty as a result of proceedings conducted by the Attorney General and that were not in the possession or under the control of the Minister prior to their forfeiture.

• Marginal note:Application of other Acts

  (4) Nothing in this section precludes the operation of the Criminal Code, the Controlled Drugs and Substances Act, the Cannabis Act or any other Act of Parliament in respect of any property that is in the possession or under the control of the Minister.

Marginal note:Transfer of property

• 5 (1) Every person who has control of any property that is subject to a management order issued under subsection 83.13(2), 462.331(1) or 490.81(1) of the Criminal Code, subsection 15.1(1) of the Controlled Drugs and Substances Act, subsection 93(1) of the Cannabis Act or subsection 7(1) of this Act shall, as soon as practicable after the order is issued, transfer the control of the property to the Minister, except for any property or any part of the property that is needed as evidence or is necessary for the purposes of an investigation.

• Marginal note:Minister to report location

  (2) Where the Minister takes control of property pursuant to subsection (1) and detains the property in a location other than the location referred to in the report required to be filed pursuant to paragraph 462.32(4)(b) of the Criminal Code, the Minister shall prepare a report in the prescribed form identifying the location of the property and cause the report to be filed in the prescribed manner with the clerk of the court that issued the warrant.

• (3) [Repealed, 2015, c. 3, s. 152]

Management Order

Marginal note:Application for management order

• 6 (1) The Attorney General, or any other person with the written consent of the Attorney General, may apply to any judge or justice for a management order in respect of any seized property, other than a controlled substance as defined in subsection 2(1) of the Controlled Drugs and Substances Act or cannabis as defined in subsection 2(1) of the Cannabis Act.

• Marginal note:Order under section 490 of the Criminal Code

  (2) An application for a management order in respect of any seized property may be heard at the same time as an order is sought under paragraph 490(1)(b) of the Criminal Code in respect of the seized property.

Marginal note:Management order

• 7 (1) Where an application for a management order is made, the judge or justice hearing the application shall make an order allowing the Minister to take possession and control of, and to manage or otherwise deal with, the seized property referred to in the order if the judge or justice is of the opinion that the seized property may be required for the purposes of any provision respecting forfeiture in any Act of Parliament.

• Marginal note:Power to manage

  (2) The power of the Minister in respect of any seized property that is the subject of a management order includes

  • (a) the power to make an interlocutory sale of perishable or rapidly depreciating property;

  • (b) the power to destroy, in accordance with subsections (2.1) to (2.4), 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 (2.5).

• Marginal note:Application for destruction order

  (2.1) Before the Minister destroys property that has little or no value, he or she shall apply to a court for a destruction order.

• Marginal note:Notice

  (2.2) Before making a destruction order, a court shall require notice in accordance with subsection (2.3) 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

  (2.3) 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

  (2.4) 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

  (2.5) On application by the Minister, a court shall order that the property, other than real property or a conveyance, be forfeited to Her Majesty and 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

  (3) 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

  (4) 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.