Criminal Code

Marginal note:Application for in rem forfeiture

• 490.2 (1) Where an information has been laid in respect of an indictable offence under this Act, the Attorney General may make an application to a judge for an order of forfeiture under subsection (2).

• Marginal note:Order of forfeiture of property

  (2) Subject to sections 490.3 to 490.41, where an application is made to a judge under subsection (1) and the judge is satisfied

  • (a) beyond a reasonable doubt that any property is offence-related property,

  • (b) that proceedings in respect of an indictable offence under this Act in relation to the property referred to in paragraph (a) were commenced, and

  • (c) that the accused charged with the offence has died or absconded,

  the judge shall order that the property be forfeited and disposed of in accordance with subsection (4).

• Marginal note:Accused deemed absconded

  (3) For the purpose of subsection (2), an accused is deemed to have absconded in connection with the indictable offence if

  • (a) an information has been laid alleging the commission of the offence by the accused,

  • (b) a warrant for the arrest of the accused has been issued in relation to that information, and

  • (c) reasonable attempts to arrest the accused under the warrant have been unsuccessful during a period of six months beginning on the day on which the warrant was issued,

  and the accused is deemed to have so absconded on the last day of that six month period.

• Marginal note:Who may dispose of forfeited property

  (4) For the purpose of subsection (2), the judge shall

  • (a) where the prosecution of the offence was commenced at the instance of the government of a province and conducted by or on behalf of that government, order that the property be forfeited to Her Majesty in right of that province and disposed of by the Attorney General or Solicitor General of that province in accordance with the law; and

  • (b) in any other case, order that the property be forfeited to Her Majesty in right of Canada and disposed of by the member of the Queen’s Privy Council for Canada that may be designated for the purpose of this paragraph in accordance with the law.

• Marginal note:Property outside Canada

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

• Marginal note:Definition of “judge”

  (5) In this section and sections 490.5 and 490.8, judge means a judge as defined in section 552 or a judge of a superior court of criminal jurisdiction.