Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Special warrant — digital assets

• 462.321 (1) If, on an application of the Attorney General, a judge is satisfied by information on oath in Form 1, varied to suit the case, that there are reasonable grounds to believe that any digital assets, including virtual currency, are proceeds of crime, the judge may issue a warrant authorizing a person named in the warrant or a peace officer to

  • (a) search for the digital assets by using a computer program, as defined in subsection 342.1(2); and

  • (b) seize — including by taking control of the right to access — the digital assets, as well as any other digital assets found during that search that the person or peace officer believes, on reasonable grounds, are proceeds of crime.

• Marginal note:Conditions

  (2) A warrant issued under subsection (1) may be subject to any reasonable conditions that the judge thinks fit.

• Marginal note:Procedure

  (3) An application for a warrant under subsection (1) may be made ex parte, shall be made in writing and shall include a statement as to whether any previous applications have been made under subsection (1) with respect to the property that is the subject of the application.

• Marginal note:Execution in Canada

  (3.1) A warrant issued under subsection (1) may be executed at any place in Canada. Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed.

• Marginal note:Detention and record of property seized

  (4) Every person who executes a warrant issued by a judge under this section shall

  • (a) detain or cause to be detained any seized property, taking reasonable care to ensure that it is preserved so that it may be dealt with in accordance with the law;

  • (b) as soon as practicable after the execution of the warrant, cause the following to be sent to the usual place of residence of any person from whom the property is seized if that usual place of residence is in Canada and is known to the person executing the warrant:

    • (i) a copy of the warrant, and

    • (ii) a notice in Form 5.1, varied to suit the case, setting out the address of the court from which a copy of a report on the seized property may be obtained;

  • (c) as soon as practicable after the execution of the warrant but within a period of not more than seven days, prepare a report in Form 5.3, varied to suit the case, identifying the seized property and the manner in which it is being detained, and cause the report to be filed with the clerk of the court; and

  • (d) cause a copy of the report to be provided, on request, to the person from whom the property was seized and to any other person who, in the opinion of the judge, appears to have a valid interest in the seized property.

• Marginal note:Return

  (5) Subject to this or any other Act of Parliament, a peace officer or a person acting on their behalf may, with the written consent of the Attorney General, on being issued a receipt for it, cause the seized property to be returned to the person lawfully entitled to its possession, if

  • (a) the peace officer is satisfied that there is no dispute as to who is lawfully entitled to possession of the seized property;

  • (b) the peace officer is satisfied that the continued detention of the seized property is not required for the purpose of forfeiture; and

  • (c) the seized property is returned before a report is filed with the clerk of the court under paragraph (4)(c).

• Marginal note:Notice

  (6) Before issuing a warrant under this section in relation to any property, a judge may require notice to be given to and may hear any person who, in the opinion of the judge, appears to have a valid interest in the property unless the judge is of the opinion that giving such notice before the issuance of the warrant would result in the disappearance, dissipation or reduction in value of the property or otherwise affect the property so that all or a part of it could not be seized under the warrant.

• (7) [Repealed, 2024, c. 15, s. 310]

Marginal note:Application for restraint order

• 462.33 (1) The Attorney General may make an application in accordance with subsection (2) for a restraint order under subsection (3) in respect of any property.

• Marginal note:Procedure

  (2) An application made under subsection (1) for a restraint order under subsection (3) in respect of any property may be made ex parte and shall be made in writing to a judge and be accompanied by an affidavit sworn on the information and belief of the Attorney General or any other person deposing to the following matters, namely,

  • (a) the offence or matter under investigation;

  • (b) the person who is believed to be in possession of the property;

  • (c) the grounds for the belief that the property is proceeds of crime;

  • (d) a description of the property; and

  • (e) whether any previous applications have been made under this section with respect to the property.

• Marginal note:Restraint order

  (3) A judge who hears an application for a restraint order made under subsection (1) may, if the judge is satisfied that there are reasonable grounds to believe that there exists any property that is proceeds of crime, make an order prohibiting any person from disposing of, or otherwise dealing with any interest in, the property specified in the order otherwise than in the manner that may be specified in the order.

• Marginal note:Effect of order

  (3.01) A restraint order issued under subsection (1) has effect throughout Canada.

• Marginal note:Property outside Canada

  (3.1) A restraint order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.

• Marginal note:Idem

  (4) An order made by a judge under subsection (3) may be subject to such reasonable conditions as the judge thinks fit.

• Marginal note:Notice

  (5) Before making an order under subsection (3) in relation to any property, a judge may require notice to be given to and may hear any person who, in the opinion of the judge, appears to have a valid interest in the property unless the judge is of the opinion that giving such notice before making the order would result in the disappearance, dissipation or reduction in value of the property or otherwise affect the property so that all or a part thereof could not be subject to an order of forfeiture under subsection 462.37(1) or (2.01) or 462.38(2).

• Marginal note:Order in writing

  (6) An order made under subsection (3) shall be made in writing.

• (7) [Repealed, 2024, c. 15, s. 311]

• Marginal note:Service of order

  (8) A copy of an order made by a judge under subsection (3) shall be served on the person to whom the order is addressed in such manner as the judge directs or as may be prescribed by rules of court.

• Marginal note:Registration of order

  (9) A copy of an order made under subsection (3) shall be registered against any property in accordance with the laws of the province in which the property is situated.

• Marginal note:Continues in force

  (10) An order made under subsection (3) remains in effect until

  • (a) it is revoked or varied under subsection 462.34(4) or revoked under paragraph 462.43(a);

  • (b) it ceases to be in force under section 462.35; or

  • (c) an order of forfeiture or restoration of the property is made under subsection 462.37(1) or (2.01), 462.38(2) or 462.41(3) or any other provision of this or any other Act of Parliament.

• Marginal note:Offence

  (11) Any person on whom an order made under subsection (3) is served in accordance with this section and who, while the order is in force, acts in contravention of or fails to comply with the order is guilty of an indictable offence or an offence punishable on summary conviction.

Marginal note:Management order

• 462.331 (1) With respect to property seized under section 462.32 or 462.321 or restrained under section 462.33, other than a controlled substance, within the meaning of the Controlled Drugs and Substances Act, or cannabis, as defined in subsection 2(1) of the Cannabis Act, on application of the Attorney General or of any other person with the written consent of the Attorney General, if a judge is of the opinion that the circumstances so require, the judge may

  • (a) appoint a person to take control of and to manage or otherwise deal with all or part of the property in accordance with the directions of the judge; and

  • (b) require any person having possession of that property to give possession of the property to the person appointed under paragraph (a).

• Marginal note:Appointment of Minister of Public Works and Government Services

  (2) When the Attorney General of Canada so requests, a judge appointing a person under subsection (1) shall appoint the Minister of Public Works and Government Services.

• Marginal note:Power to manage

  (3) The power to manage or otherwise deal with property under subsection (1) includes

  • (a) the power to make an interlocutory sale of perishable or rapidly depreciating property;

  • (b) the power to destroy, in accordance with subsections (4) to (7), 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 (7.1).

• Marginal note:Application for destruction order

  (4) Before a person who is appointed to manage property destroys property that has little or no value, they shall apply to a court for a destruction order.

• Marginal note:Notice

  (5) Before making a destruction order, a court shall require notice in accordance with subsection (6) 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

  (6) 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

  (7) 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

  (7.1) On application by a person who is appointed to manage the property, a court shall order that the property, other than real property or a conveyance, be forfeited to Her Majesty to be 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

  (8) 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

  (8.1) 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.

• Marginal note:Application to vary conditions

  (9) The Attorney General may at any time apply to the judge to cancel or vary any condition to which a management order is subject but may not apply to vary an appointment made under subsection (2).

Marginal note:Application for review of special warrants and restraint orders

• 462.34 (1) Any person who has an interest in property that was seized under a warrant issued under section 462.32 or 462.321 or in respect of which a restraint order was made under subsection 462.33(3) may, at any time, apply to a judge for

  • (a) an order under subsection (4);

  • (b) permission to examine any seized property that does not consist of digital assets; or

  • (c) an order requiring an accounting of any seized digital assets.

• Marginal note:Notice to Attorney General

  (2) Where an application is made under paragraph (1)(a),

  • (a) the application shall not, without the consent of the Attorney General, be heard by a judge unless the applicant has given to the Attorney General at least two clear days notice in writing of the application; and

  • (b) the judge may require notice of the application to be given to and may hear any person who, in the opinion of the judge, appears to have a valid interest in the property.

• Marginal note:Terms of examination order

  (3) A judge may, on an application made to the judge under paragraph (1)(b), order that the applicant be permitted to examine property subject to such terms as appear to the judge to be necessary or desirable to ensure that the property is safeguarded and preserved for any purpose for which it may subsequently be required.

• Marginal note:Order of restoration of property or revocation or variation of order

  (4) On an application made to a judge under paragraph (1)(a) in respect of any property and after hearing the applicant and the Attorney General and any other person to whom notice was given pursuant to paragraph (2)(b), the judge may order that the property or a part thereof be returned to the applicant or, in the case of a restraint order made under subsection 462.33(3), revoke the order, vary the order to exclude the property or any interest in the property or part thereof from the application of the order or make the order subject to such reasonable conditions as the judge thinks fit,

  • (a) if the applicant enters into a recognizance before the judge, with or without sureties, in such amount and with such conditions, if any, as the judge directs and, where the judge considers it appropriate, deposits with the judge such sum of money or other valuable security as the judge directs;

  • (b) if the conditions referred to in subsection (6) are satisfied; or

  • (c) for the purpose of

    • (i) meeting the reasonable living expenses of the person who was in possession of the property at the time the warrant was executed or the order was made or any person who, in the opinion of the judge, has a valid interest in the property and of the dependants of that person,

    • (ii) meeting the reasonable business and legal expenses of a person referred to in subparagraph (i), or

    • (iii) permitting the use of the property in relation to an undertaking or release order,

    if the judge is satisfied that the applicant has no other assets or means available for the purposes set out in this paragraph and that no other person appears to be the lawful owner of or lawfully entitled to possession of the property.

• Marginal note:Hearing

  (5) For the purpose of determining the reasonableness of legal expenses referred to in subparagraph (4)(c)(ii), a judge shall hold an in camera hearing, without the presence of the Attorney General, and shall take into account the legal aid tariff of the province.

• Marginal note:Expenses

  (5.1) For the purpose of determining the reasonableness of expenses referred to in paragraph (4)(c), the Attorney General may

  • (a) at the hearing of the application, make representations as to what would constitute the reasonableness of the expenses, other than legal expenses; and

  • (b) before or after the hearing of the application held in camera pursuant to subsection (5), make representations as to what would constitute reasonable legal expenses referred to in subparagraph (4)(c)(ii).

• Marginal note:Taxing legal fees

  (5.2) The judge who made an order under paragraph (4)(c) may, and on the application of the Attorney General shall, tax the legal fees forming part of the legal expenses referred to in subparagraph (4)(c)(ii) and, in so doing, shall take into account

  • (a) the value of property in respect of which an order of forfeiture may be made;

  • (b) the complexity of the proceedings giving rise to those legal expenses;

  • (c) the importance of the issues involved in those proceedings;

  • (d) the duration of any hearings held in respect of those proceedings;

  • (e) whether any stage of those proceedings was improper or vexatious;

  • (f) any representations made by the Attorney General; and

  • (g) any other relevant matter.

• Marginal note:Conditions to be satisfied

  (6) An order under paragraph (4)(b) in respect of property may be made by a judge if the judge is satisfied that the property will no longer be required for the purpose of any investigation or as evidence in any proceeding and

  • (a) that a warrant should not have been issued under section 462.32 or 462.321 or a restraint order under subsection 462.33(3) should not have been made in respect of that property, in the case where the application is made by

    • (i) a person charged with a designated offence, or

    • (ii) any person who acquired title to or a right of possession of that property from a person referred to in subparagraph (i) under circumstances that give rise to a reasonable inference that the title or right was transferred from that person for the purpose of avoiding the forfeiture of the property; or

  • (b) in any other case, that the applicant is the lawful owner of or lawfully entitled to possession of the property and appears innocent of any complicity in a designated offence or of any collusion in relation to such an offence, and that no other person appears to be the lawful owner of or lawfully entitled to possession of the property.

• Marginal note:Saving provision

  (7) Sections 354, 355.2 and 355.4 do not apply to a person who comes into possession of any property that, by virtue of an order made under paragraph (4)(c), was returned to any person after having been seized or was excluded from the application of a restraint order made under subsection 462.33(3).

• (8) [Repealed, 2019, c. 25, s. 182]