Criminal Code

Marginal note:Forfeiture after conviction

• 164.2 (1) On application of the Attorney General, a court that convicts a person of an offence under section 162.1, 163.1, 172.1 or 172.2, in addition to any other punishment that it may impose, may order that anything — other than real property — be forfeited to Her Majesty and disposed of as the Attorney General directs if it is satisfied, on a balance of probabilities, that the thing

  • (a) was used in the commission of the offence; and

  • (b) is the property of

    • (i) the convicted person or another person who was a party to the offence, or

    • (ii) a person who acquired the thing from a person referred to in subparagraph (i) under circumstances that give rise to a reasonable inference that it was transferred for the purpose of avoiding forfeiture.

• Marginal note:Third party rights

  (2) Before making an order under subsection (1), the court shall cause notice to be given to, and may hear, any person whom it considers to have an interest in the thing, and may declare the nature and extent of the person’s interest in it.

• Marginal note:Right of appeal — third party

  (3) A person who was heard in response to a notice given under subsection (2) may appeal to the court of appeal against an order made under subsection (1).

• Marginal note:Right of appeal — Attorney General

  (4) The Attorney General may appeal to the court of appeal against the refusal of a court to make an order under subsection (1).

• Marginal note:Application of Part XXI

  (5) Part XXI applies, with any modifications that the circumstances require, with respect to the procedure for an appeal under subsections (3) and (4).