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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

Financial (continued)

Marginal note:Credit of excess to account

 At the prescribed times, all amounts credited to the Proceeds Account that are not shared pursuant to sections 10 and 11, less such amounts as are reserved

  • (a) for future losses,

  • (b) to pay 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) for ongoing expenses,

shall be credited to such account in the accounts of Canada as is prescribed.

General

Marginal note:Advances are debts owing

 Advances made pursuant to paragraph 9(b) and any interest thereon are debts owing to Her Majesty and may be recovered as such in any court of competent jurisdiction or in any manner provided for by law.

Marginal note:Indemnity

 Subject to the regulations, the Minister may indemnify any person referred to in paragraph 9(g) against any claim made against the person in respect of anything done, or omitted to be done, in good faith by the person in relation to any property referred to in any of subsections 4(1) to (3) that is in the possession or under the control of the Minister.

  • 1993, c. 37, s. 18
  • 1997, c. 18, s. 136(F)

Regulations

Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) respecting the disposal by the Minister of any property referred to in any of subsections 4(1) to (3) on its forfeiture to Her Majesty;

  • (b) respecting, for the purposes of sections 10 and 11, the sharing of

    • (i) the proceeds of disposition of any property referred to in any of subsections 4(1) to (3) that is forfeited to Her Majesty, and

    • (ii) 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,

    including, without restricting the generality of the foregoing, regulations respecting the amounts to be shared, or the manner of determining those amounts, and the times at which and the manner in which those amounts shall be shared;

  • (c) determining, for the purposes of paragraph 13(2)(a), the amounts that may be deducted from the proceeds of disposition of property for the purpose of calculating the net proceeds thereof, and the manner of determining those amounts;

  • (d) respecting the indemnity that may be granted pursuant to section 18 and the terms and conditions under which that indemnity may be granted;

  • (e) prescribing anything that by this Act is to be prescribed; and

  • (f) generally, for carrying out the purposes of this Act.

  • 1993, c. 37, s. 19
  • 1997, c. 18, s. 137(F)
  • 2019, c. 29, s. 119
  • 2019, c. 29, s. 120(F)

Review

Marginal note:Review after three years

  •  (1) On the expiration of three years after the coming into force of this Act, the provisions contained herein shall be referred to such committee of the House of Commons, of the Senate, or of both Houses of Parliament as may be designated or established by Parliament for that purpose.

  • Marginal note:Report to Parliament

    (2) The committee designated or established by Parliament for the purpose of subsection (1) shall, as soon as practicable, undertake a comprehensive review of the provisions and operation of this Act and shall, within one year after the review is undertaken or within such further time as the House of Commons may authorize, submit a report to Parliament thereon including such recommendations pertaining to the continuation of those sections and changes required therein as the committee may wish to make.

Consequential and Related Amendments

 [Amendments]

Conditional Amendments

 [Repealed, 1996, c. 19, s. 93]

 [Amendments]

Coming into Force

Marginal note:Coming into force

Footnote * This Act shall come into force on a day to be fixed by order of the Governor in Council.

 
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