Government of Canada / Gouvernement du Canada
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Seized Property Management Act

Version of section 7 from 2002-12-31 to 2018-06-20:

Marginal note:Management order

  •  (1) Where an application for a management order is made, the judge or justice hearing the application shall make an order allowing the Minister to take possession and control of, and to manage or otherwise deal with, the seized property referred to in the order if the judge or justice is of the opinion that the seized property may be required for the purposes of any provision respecting forfeiture in any Act of Parliament.

  • Marginal note:Power to manage

    (2) The power of the Minister in respect of any seized property that is the subject of a management order includes

    • (a) in the case of perishable or rapidly depreciating property, the power to make an interlocutory sale of that property; and

    • (b) in the case of property that has little or no value, the power to destroy that property.

  • Marginal note:Application for destruction order

    (2.1) Before the Minister destroys property that has little or no value, he or she shall apply to a court for a destruction order.

  • Marginal note:Notice

    (2.2) Before making a destruction order in relation to any property, a court shall require notice in accordance with subsection (2.3) to be given to, and may hear, any person who, in the opinion of the court, appears to have a valid interest in the property.

  • Marginal note:Manner of giving notice

    (2.3) A notice shall

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

    • (b) be of any duration that the court considers reasonable or that may be specified in the rules of the court.

  • Marginal note:Order

    (2.4) A court may order that the property be destroyed if it is satisfied that the property has little or no value, whether financial or other.

  • Marginal note:When order ceases to have effect

    (3) 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 to an applicant therefor or forfeited to Her Majesty.

  • 1993, c. 37, s. 7
  • 2001, c. 32, s. 77

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