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Seized Property Management Act

Version of section 7 from 2018-06-21 to 2024-02-06:


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) the power to make an interlocutory sale of perishable or rapidly depreciating property;

    • (b) the power to destroy, in accordance with subsections (2.1) to (2.4), property that has little or no value; and

    • (c) the power to have property, other than real property or a conveyance, forfeited to Her Majesty in accordance with subsection (2.5).

  • 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, a court shall require notice in accordance with subsection (2.3) to be given to and may hear any person who, in the court’s opinion, appears to have a valid interest in the property.

  • Marginal note:Manner of giving notice

    (2.3) A notice shall

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

    • (b) specify the effective period of the notice that the court considers reasonable or that may be set out in the rules of the court.

  • Marginal note:Destruction order

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

  • Marginal note:Forfeiture order

    (2.5) On application by the Minister, a court shall order that the property, other than real property or a conveyance, be forfeited to Her Majesty and disposed of or otherwise dealt with in accordance with the law if

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

    • (b) the notice specifies a period of 60 days during which a person may make an application to the court asserting their interest in the property; and

    • (c) during that period, no one makes such an application.

  • Marginal note:When management 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, destroyed or forfeited to Her Majesty.

  • Marginal note:For greater certainty

    (4) For greater certainty, if property that is the subject of a management order is sold, the management order applies to the net proceeds of the sale.

  • 1993, c. 37, s. 7
  • 2001, c. 32, s. 77
  • 2017, c. 7, s. 72

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