Seized Property Management Act

Marginal note:Ministerial powers

9 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.