Special Economic Measures Act (S.C. 1992, c. 17)

Forfeiture Orders

Marginal note:Definitions

5.3 The following definitions apply in sections 5.4 to 5.6.

judge

judge means a judge of a superior court of the province where property described in an order made under paragraph 4(1)(b) is situated. (juge)

Minister

Minister means the Minister responsible under section 6 for the administration of an order made under paragraph 4(1)(b). (ministre)

Marginal note:Forfeiture

• 5.4 (1) On application by the Minister, a judge shall order that the property that is the subject of the application be forfeited to Her Majesty in right of Canada if the judge determines, based on the evidence presented, that the property

  • (a) is described in an order made under paragraph 4(1)(b); and

  • (b) is owned by the person referred to in that order or is held or controlled, directly or indirectly, by that person.

• Marginal note:Notice

  (2) Before making the order in relation to the property, the court shall require notice to be given to any person who, in the court’s opinion, appears to have an interest in or right to the property, and the court may hear any such person.

• Marginal note:Manner of giving notice

  (3) The notice shall

  • (a) be given in the manner that the court directs or that may be specified in the rules of the court;

  • (b) specify the period that the court considers reasonable or that may be set out in the rules of the court during which a person may, before the order in relation to the property is made, make an application to the court asserting their interest in or right to the property; and

  • (c) set out a description of the property.

• Marginal note:Application by person

  (4) Any person — other than a person referred to in paragraph 5.2(a) — who claims an interest in or right to property that is forfeited to Her Majesty under subsection (1) may, within 30 days after the day on which the property is forfeited, apply in writing to a judge for an order declaring that their interest or right is not affected by the forfeiture, declaring the nature and extent of the interest or right and directing the Minister to pay to the person an amount equal to the value of their interest or right.

Marginal note:Not a Crown corporation

5.5 If the property that is the subject of a forfeiture order consists of all of the shares of a corporation, the corporation is deemed not to be a Crown corporation as defined in subsection 83(1) of the Financial Administration Act.

Marginal note:Payment out of Proceeds Account

5.6 After consulting with the Minister of Finance and the Minister of Foreign Affairs, the Minister may — at the times and in the manner, and on any terms and conditions, that the Minister considers appropriate — pay out of the Proceeds Account, as defined in section 2 of the Seized Property Management Act, amounts not exceeding the net proceeds from the disposition of property forfeited under section 5.4, but only for any of the following purposes:

• (a) the reconstruction of a foreign state adversely affected by a grave breach of international peace and security;

• (b) the restoration of international peace and security; and

• (c) the compensation of victims of a grave breach of international peace and security, gross and systematic human rights violations or acts of significant corruption.

Administration and Enforcement

Marginal note:Enforcement

• 6 (1) Subject to subsection (2), the Minister of Foreign Affairs is responsible for the administration and enforcement of this Act.

• Marginal note:Designation

  (2) The Governor in Council may, by order, designate one or more Ministers of the Crown to discharge such responsibilities as the Governor in Council may specify with respect to the administration or enforcement of any of the provisions of this Act or any order or regulations made under this Act.

• Marginal note:Assessment of claims for compensation

  (3) The Governor in Council may, by order, designate a Minister of the Crown as a Minister having the duty, for the purpose only of submitting a report to the Governor in Council with respect to claims for compensation, to receive and assess reasonable claims for compensation from any person who alleges to have suffered any loss or damages as a result of anything done or purported to have been done under this Act or any order or regulations made under this Act.

Marginal note:Sharing of information

6.1 The following persons may assist the Minister in matters relating to the making, administration or enforcement of an order or regulation referred to in subsection 4(1) and, for that purpose, may collect information from and disclose information to each other:

• (a) the Minister of Foreign Affairs;

• (b) the Minister of Finance;

• (c) the Minister of Public Works and Government Services;

• (d) the Minister of Public Safety and Emergency Preparedness;

• (d.1) the Minister of Transport;

• (d.2) the Minister of National Revenue;

• (d.3) the Minister of Justice and Attorney General of Canada;

• (d.4) the Minister of Citizenship and Immigration;

• (e) the Director of the Canadian Security Intelligence Service;

• (f) the Chief of the Communications Security Establishment;

• (g) the President of the Canada Border Services Agency; and

• (h) the Superintendent of Financial Institutions.

Marginal note:RCMP

• 6.2 (1) The Commissioner of the Royal Canadian Mounted Police may assist the Minister in matters related to the making of an order under paragraph 4(1)(b), the seizure or restraint of any property that is the subject of such an order or the making of an application for forfeiture of the property under section 5.4 and, for that purpose, may collect information from and disclose information to the persons referred to in section 6.1.

• Marginal note:For greater certainty

  (2) For greater certainty, nothing in subsection (1) is to be construed as affecting the powers of a peace officer that are conferred under legislation or the common law.

Marginal note:FINTRAC

6.21 The Minister may disclose to the Financial Transactions and Reports Analysis Centre of Canada any information that is relevant to the making, administration or enforcement of an order or regulation referred to in subsection 4(1).

Marginal note:Provision of information

• 6.3 (1) The Minister of Foreign Affairs may require any person to provide to that Minister any information that that Minister believes on reasonable grounds is relevant for the purposes of the making, administration or enforcement of an order or regulation referred to in subsection 4(1).

• Marginal note:Duty to comply

  (2) Every person who is required to provide information under subsection (1) shall comply with the requirement within the time and in the form and manner specified by that Minister.

Marginal note:Tabling in Parliament

• 7 (1) Every order and regulation made under paragraph 4(1)(a) shall be laid before each House of Parliament by a member of the Queen’s Privy Council for Canada within five sitting days of that House after it is made.

• Marginal note:Filing of motion

  (2) Where an order or regulation has been laid before a House of Parliament pursuant to subsection (1), a motion for the consideration of that House, to the effect that the order or regulation be amended or revoked, signed by

  • (a) not less than fifty members of the House of Commons, in the case of a motion for the consideration of the House of Commons, and

  • (b) not less than twenty members of the Senate, in the case of a motion for the consideration of the Senate,

  may be filed with the Speaker of that House.

• Marginal note:Consideration of motion

  (3) Where a motion for the consideration of a House of Parliament is filed in accordance with subsection (2), that House shall, not later than the sixth sitting day of that House following the filing of the motion, take up and consider the motion, unless a motion to the like effect has earlier been taken up and is being considered in the other House.

• Marginal note:Time for disposition of motion

  (4) A motion taken up and considered in a House of Parliament in accordance with subsection (3) shall be debated without interruption for not more than three hours or such longer period as that House may, with the unanimous consent of its members, fix and, on the conclusion of the debate or on the expiration of the third hour of debate, whichever is earlier, the Speaker of that House shall immediately put every question necessary for the disposal of the motion.

• Marginal note:Procedure on adoption of motion

  (5) If a motion taken up and considered in a House of Parliament in accordance with subsection (3) is adopted, with or without amendments, a message shall be sent from that House informing the other House that the motion has been so adopted and requesting that the motion be concurred in by that other House.

• Marginal note:Procedure in other House

  (6) Within the first fifteen days that it is sitting after receiving a request pursuant to subsection (5), the House receiving the request shall take up and consider the motion that is the subject of the request, and all questions in connection with the motion shall be debated without interruption for not more than three hours or such longer period as that House may, with the unanimous consent of its members, fix and, on the conclusion of the debate or on the expiration of the third hour of debate, whichever is earlier, the Speaker of that House shall immediately put every question necessary to determine whether or not the motion is concurred in.

• Marginal note:Where motion adopted and concurred in

  (7) Where a motion taken up and considered in accordance with this section is adopted, with or without amendments, by the House of Parliament in which it was introduced and is concurred in by the other House, the order or regulation to which the motion relates is revoked or amended effective on the day specified in the motion, which day may not be earlier than the day of the vote of concurrence.

• Marginal note:Where motion not adopted or not concurred in

  (8) Where a motion taken up and considered in accordance with this section is not adopted by the House of Parliament in which it was introduced, or is adopted, with or without amendments, by that House but is not concurred in by the other House, the order or regulation to which the motion relates shall remain unaffected.

• Marginal note:Report of the Governor in Council

  (9) The Governor in Council shall submit a full report on the operation of any order or regulation made pursuant to the Act within sixty sitting days after the said order or regulation has ceased to have effect and the report shall be referred to a committee to be designated by each House of Parliament.