Criminal Code

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 an order of forfeiture may be made under subsection 462.37(1) or 462.38(2) in respect of the property;

  • (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) Where an application for a restraint order is made to a judge under subsection (1), the judge may, if satisfied that there are reasonable grounds to believe that there exists within the province in which the judge has jurisdiction or any other province, any property in respect of which an order of forfeiture may be made under subsection 462.37(1) or 462.38(2), in respect of a designated offence alleged to have been committed within the province in which the judge has jurisdiction, 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 such manner as may be specified in the order.

• Marginal note:Execution in another province

  (3.01) Subsections 462.32(2.1) and (2.2) apply, with such modifications as the circumstances require, in respect of a restraint order.

• 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 462.38(2).

• Marginal note:Order in writing

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

• Marginal note:Undertakings by Attorney General

  (7) Before making an order under subsection (3), a judge shall require the Attorney General to give such undertakings as the judge considers appropriate with respect to the payment of damages or costs, or both, in relation to

  • (a) the making of an order in respect of property situated within or outside Canada; and

  • (b) the execution of an order in respect of property situated within Canada.

• 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), 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.