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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

Management of Property (continued)

Marginal note:Transfer of property

  •  (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  • (3) [Repealed, 2015, c. 3, s. 152]

  • 1993, c. 37, s. 5
  • 2001, c. 32, s. 76, c. 41, ss. 108, 135
  • 2015, c. 3, s. 152
  • 2017, c. 7, s. 71
  • 2018, c. 16, ss. 176, 191

Management Order

Marginal note:Application for management order

  •  (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.

  • 1993, c. 37, s. 6
  • 1996, c. 19, s. 88
  • 2018, c. 16, s. 177

Marginal note:Management order

  •  (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.

  • 1993, c. 37, s. 7
  • 2001, c. 32, s. 77
  • 2017, c. 7, s. 72

Marginal note:Conditions

  •  (1) A management order may be subject to such conditions as the judge or justice making the order thinks fit.

  • Marginal note:Application to vary conditions

    (2) The Minister may at any time apply to a judge or justice to cancel or vary any condition to which a management order is subject.

Powers of Minister

Marginal note:Ministerial powers

 In carrying out the purposes of this Act, the Minister may

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

  • (a.1) 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) subject to the Criminal Code, the Controlled Drugs and Substances Act, the Cannabis Act and any other Act of Parliament, manage any property referred to in any of subsections 4(1) to (3) in the manner that the Minister considers appropriate including, without restricting the generality of the foregoing, by advancing money at a commercial rate of interest to

    • (i) maintain the ongoing operation of the property,

    • (ii) satisfy the terms of any order concerning environmental, industrial, labour or property standards to which the property is subject, or

    • (iii) make improvements to the property to preserve the property and its economic worth;

  • (c) notwithstanding any other Act of Parliament, but subject to the regulations and to the provisions of the Financial Administration Act relating to public money, dispose of any property referred to in any of subsections 4(1) to (3) that is forfeited to Her Majesty;

  • (c.1) if property is forfeited to Her Majesty in right of a province, dispose of the property on behalf of Her Majesty in right of the province with the consent of the government of that province, and share the proceeds of disposition in accordance with directions given by that government;

  • (d) notwithstanding subsection 734.4(2) of the Criminal Code and sections 125 and 126 of the Excise Act, where property referred to in any of subsections 4(1) to (3) is forfeited to Her Majesty, share the proceeds of disposition therefrom in accordance with this Act, the regulations and any agreement entered into pursuant to section 11;

  • (e) notwithstanding subsection 734.4(2) of the Criminal Code and sections 125 and 126 of the Excise Act, if a fine, or any portion of a fine, imposed under subsection 462.37(3) of the Criminal Code in relation to proceedings commenced at the instance of the Government of Canada is paid or recovered or if a penalty is paid under subsection 18(2) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, share the amount of the fine or penalty in accordance with this Act, the regulations and any agreement entered into under section 11;

  • (f) at the request of the Attorney General, receive from foreign governments all moneys that are to be transferred to Canada pursuant to any agreement entered into pursuant to section 11 and share those moneys in accordance with the regulations;

  • (g) contract for the services of any person; and

  • (h) do any other thing that the Governor in Council may consider to be incidental to, or necessary or expedient for, carrying out the purposes of this Act.

  • 1993, c. 37, s. 9
  • 1995, c. 22, s. 18
  • 1996, c. 19, s. 89
  • 2000, c. 17, s. 94
  • 2001, c. 32, s. 78, c. 41, ss. 85, 109
  • 2018, c. 16, s. 178
  • 2019, c. 29, s. 116
  • 2019, c. 29, s. 120(F)
 
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