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

Act current to 2019-07-01 and last amended on 2019-06-21. Previous Versions

Seized Property Management Act

S.C. 1993, c. 37

Assented to 1993-06-23

An Act respecting the management of certain property seized or restrained in connection with certain offences, the disposition of certain property on the forfeiture thereof and the sharing of the proceeds of disposition therefrom in certain circumstances

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Marginal note:Short title

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

Interpretation

Marginal note:Definitions

 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designated drug offence[Repealed, 1996, c. 19, s. 85]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designated substance offence[Repealed, 2001, c. 32, s. 73]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enterprise crime offence[Repealed, 2001, c. 32, s. 73]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)

  • 1993, c. 37, s. 2
  • 1996, c. 16, s. 60, c. 19, s. 85
  • 1997, c. 23, s. 22
  • 2001, c. 32, s. 73, c. 41, ss. 105, 135
  • 2018, c. 16, s. 173
  • 2019, c. 29, s. 113

Purposes of Act

Marginal note:Purposes of Act

 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.

  • 1993, c. 37, s. 3
  • 1996, c. 19, s. 86
  • 2000, c. 17, s. 92
  • 2001, c. 32, s. 74, c. 41, ss. 83, 106, 135
  • 2018, c. 12, s. 407, c. 16, s. 174
  • 2019, c. 29, s. 114
  • 2019, c. 29, s. 120(F)

Management of Property

Marginal note:Minister to be responsible for management of property

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

  • 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.

  • 1993, c. 37, s. 4
  • 1996, c. 19, s. 87
  • 1997, c. 18, s. 135(F)
  • 2000, c. 17, s. 93
  • 2001, c. 32, s. 75, c. 41, ss. 84, 107, 135
  • 2017, c. 7, s. 70
  • 2018, c. 12, s. 408, c. 16, ss. 175, 191
  • 2019, c. 29, s. 115
 
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