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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

Sharing of Proceeds

Marginal note:Sharing within Canada

  •  (1) Where a law enforcement agency in Canada has participated in the investigation of an offence that leads to

    • (a) the forfeiture to Her Majesty of property under section 83.14, subsection 462.37(1), (2) or (2.01) or 462.38(2), subparagraph 462.43(c)(iii) or subsection 490.1(1) or 490.2(2) of the Criminal Code, subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act or subsection 94(1) or 95(2) of the Cannabis Act,

    • (b) the forfeiture to Her Majesty pursuant to subsection 490(9) of the Criminal Code of any property that is or was the subject of a management order, or

    • (c) the imposition of a fine pursuant to subsection 462.37(3) of the Criminal Code in relation to proceedings commenced at the instance of the Government of Canada,

    the Minister shall, in accordance with the regulations, share the proceeds of disposition of that forfeited property, or any amount paid or recovered on account of the fine, as the case may be.

  • Marginal note:Proceeds of Crime (Money Laundering) and Terrorist Financing Act

    (2) If the participation of a law enforcement agency in Canada has led to the forfeiture to Her Majesty of property under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act or the payment of a penalty under subsection 18(2) of that Act, the Minister shall, in accordance with the regulations, share the proceeds of disposition of that forfeited property or the penalty, as the case may be.

  • 1993, c. 37, s. 10
  • 1996, c. 19, s. 90
  • 1997, c. 23, s. 23
  • 2000, c. 17, s. 95
  • 2001, c. 41, ss. 86, 110
  • 2005, c. 44, s. 14
  • 2018, c. 16, s. 179
  • 2019, c. 29, s. 120(F)

Marginal note:Sharing outside Canada

 The Attorney General may, with the approval of the Governor in Council and in accordance with the regulations, enter into an agreement with the government of any foreign state respecting the reciprocal sharing of

  • (a) the proceeds of disposition of

    • (i) property forfeited to Her Majesty under section 83.14, subsection 462.37(1), (2) or (2.01) or 462.38(2), subparagraph 462.43(c)(iii) or subsection 490.1(1) or 490.2(2) of the Criminal Code, subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act or subsection 94(1) or 95(2) of the Cannabis Act, or

    • (ii) property that is or was the subject of a management order and that was forfeited under subsection 490(9) of the Criminal Code

    and the proceeds arising from the disposition of property by that foreign state, and

  • (b) amounts paid or recovered on account of fines imposed under subsection 462.37(3) of the Criminal Code in relation to proceedings commenced at the instance of the Government of Canada, penalties paid under subsection 18(2) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and amounts paid or recovered on account of fines imposed in lieu of forfeiture under the laws of that foreign state,

if law enforcement agencies of that foreign state, or of Canada, as the case may be, have participated in the investigation of the offence or offences that led to the forfeiture of the property or the imposition of the fine or if the law enforcement agencies' participation led to the forfeiture of the property or the payment of the penalty under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.

  • 1993, c. 37, s. 11
  • 1996, c. 19, s. 91
  • 1997, c. 23, s. 24
  • 2000, c. 17, s. 96
  • 2001, c. 32, s. 79, c. 41, ss. 111, 120, 137
  • 2005, c. 44, s. 15
  • 2018, c. 16, s. 180
  • 2019, c. 29, s. 117(F)

Financial

Marginal note:Seized Property Working Capital Account established

  •  (1) There is hereby established in the accounts of Canada an account to be known as the Seized Property Working Capital Account.

  • Marginal note:Charges to Working Capital Account

    (2) There may be paid out of the Consolidated Revenue Fund and charged to the Working Capital Account

    • (a) expenses incurred by the Minister in respect of any property referred to in any of subsections 4(1) to (3) that is in the possession or under the control of the Minister; and

    • (b) advances made by the Minister pursuant to paragraph 9(b).

  • Marginal note:Credits to Working Capital Account

    (3) There shall be paid into the Consolidated Revenue Fund and credited to the Working Capital Account

    • (a) amounts recovered by the Minister as a result of expenses referred to in subsection (2); and

    • (b) amounts repaid or recovered as a result of advances made by the Minister pursuant to paragraph 9(b).

  • Marginal note:Appropriation

    (4) There is hereby appropriated for the purposes of subsection (1) the amount of fifty million dollars.

  • Marginal note:Amount may be changed

    (5) The amount referred to in subsection (4) may be amended by an appropriation Act.

Marginal note:Seized Property Proceeds Account established

  •  (1) There is hereby established in the accounts of Canada an account to be known as the Seized Property Proceeds Account.

  • Marginal note:Credits to Proceeds Account

    (2) There shall be paid into the Consolidated Revenue Fund and credited to the Proceeds Account

    • (a) the net proceeds, calculated in the prescribed manner, received from the disposition of any property referred to in any of subsections 4(1) to (3) that is forfeited to Her Majesty and disposed of by the Minister;

    • (b) amounts paid or recovered as a fine imposed pursuant to subsection 462.37(3) of the Criminal Code in relation to proceedings commenced at the instance of the Government of Canada; and

    • (c) subject to the regulations, amounts received from the governments of foreign states pursuant to agreements entered into pursuant to section 11.

  • Marginal note:Charges to Proceeds Account

    (3) There shall be charged to the Proceeds Account

    • (a) such amounts as are approved by the Treasury Board and as are recovered by the Minister in respect of operating expenses incurred by the Minister in carrying out the purposes of this Act, other than expenses charged to the Working Capital Account pursuant to paragraph 12(2)(a);

    • (b) amounts paid as a result of claims arising from undertakings given by the Attorney General pursuant to subsections 462.32(6) and 462.33(7) of the Criminal Code; and

    • (c) amounts paid pursuant to sections 10 and 11.

  • 1993, c. 37, s. 13
  • 2019, c. 29, s. 118(F)
  • 2019, c. 29, s. 120(F)

Marginal note:If costs are greater than proceeds

 If the proceeds of disposition available to Her Majesty from the forfeiture of any property under subsection 462.37(1), (2) or (2.01) or 462.38(2), subparagraph 462.43(c)(iii) or subsection 490(9) of the Criminal Code, subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act or subsection 94(1) or 95(2) of the Cannabis Act are insufficient to cover the outstanding amounts charged to the Working Capital Account under subsection 12(2), and any interest on it, in respect of the property, there is to be charged to the Proceeds Account and credited to the Working Capital Account, or to interest revenue, as the case may be, an amount equal to the amount of the shortfall.

  • 1993, c. 37, s. 14
  • 1996, c. 19, s. 92
  • 1997, c. 23, s. 25
  • 2005, c. 44, s. 16
  • 2018, c. 16, s. 181
  • 2019, c. 29, s. 120(F)

Marginal note:Advances to Proceeds Account

  •  (1) Where the amount standing to the credit of the Proceeds Account is not sufficient for the payment of any amount required to be charged to the Proceeds Account pursuant to section 13, the Minister of Finance may, on a request therefor by the Minister, authorize the making of an advance to the Proceeds Account in an amount sufficient to meet the payment.

  • Marginal note:Repayment of advance

    (2) An advance made pursuant to subsection (1) shall be credited to the Proceeds Account and repaid in such manner and on such terms and conditions, including the payment of interest, as the Minister of Finance may fix.

  • Marginal note:Idem

    (3) The repayment of an amount advanced pursuant to subsection (1) shall be charged to the Proceeds Account.

 
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