• 134. (1) If Bill C-24, introduced in the 1st Session of the 37th Parliament and entitled An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts (the “other Act”), receives royal assent, then subsection 18(2) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following:

  • Marginal note:Return of seized currency or monetary instruments

    (2) The officer shall, on payment of a penalty in the prescribed amount, return the seized currency or monetary instruments to the individual from whom they were seized or to the lawful owner unless the officer has reasonable grounds to suspect that the currency or monetary instruments are proceeds of crime within the meaning of subsection 462.3(1) of the Criminal Code or funds for use in the financing of terrorist activities.

• (2) Subsection (1) comes into force on the later of the coming into force of section 58 of this Act and subsection 12(1) of the other Act.

• 135. (1) Subsections (2) to (10) apply if Bill C-24, introduced in the 1st Session of the 37th Parliament and entitled An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts (the “other Act”), receives royal assent.

• (2) On the later of the coming into force of the definition “restrained property” in section 2 of the Seized Property Management Act as enacted by subsection 105(1) of this Act and that definition as enacted by subsection 73(3) of the other Act, the definition “restrained property” in section 2 of the Seized Property Management Act is replaced by the following:

  “restrained property”

  « biens bloqués »

  “restrained property” means any property that is the subject of a restraint order made under section 83.13, 462.33 or 490.8 of the Criminal Code or section 14 of the Controlled Drugs and Substances Act;

• (3) If the definition “seized property” in section 2 of the Seized Property Management Act as enacted by subsection 73(3) of the other Act comes into force before that definition as enacted by subsection 105(1) of this Act, then, on the coming into force of that definition as enacted by subsection 73(3) of the other Act, that definition as enacted by subsection 105(1) of this Act is repealed.

• (4) If subsection 74(1) of the other Act comes into force before subsection 106(1) of this Act, then, on the later of the coming into force of subsection 74(1) of the other Act and this section, subsection 106(1) of this Act is repealed.

• (5) On the later of the coming into force of subparagraph 3(b)(iii) of the Seized Property Management Act as enacted by subsection 106(2) of this Act and that subparagraph as enacted by subsection 74(2) of the other Act, subparagraph 3(b)(iii) of the Seized Property Management Act is replaced by the following:

  • (iii) restrained pursuant to a restraint order made under section 83.13, 462.33 or 490.8 of the Criminal Code or section 14 of the Controlled Drugs and Substances Act;

• (6) On the later of the coming into force of paragraph 4(1)(a) of the Seized Property Management Act as enacted by subsection 107(1) of this Act and that paragraph as enacted by section 75 of the other Act, paragraph 4(1)(a) of the Seized Property Management Act is replaced by the following:

  • (a) seized under a warrant issued under section 83.13, 462.32 or 487 of the Criminal Code or section 11 of the Controlled Drugs and Substances Act on the application of the Attorney General and that the Minister is appointed to manage under subsection 83.13(3), 462.331(2) or 490.81(2) of the Criminal Code or subsection 14.1(2) of the Controlled Drugs and Substances Act, as the case may be;

• (7) On the later of the coming into force of paragraph 4(1)(b) of the Seized Property Management Act as enacted by subsection 107(1) of this Act and that paragraph as enacted by section 75 of the other Act, paragraph 4(1)(b) of the Seized Property Management Act is replaced by the following:

  • (b) subject to a restraint order made under section 83.13, 462.33 or 490.8 of the Criminal Code or section 14 of the Controlled Drugs and Substances Act on the application of the Attorney General and that the Minister is appointed to manage under subsection 83.13(3), 462.331(2) or 490.81(2) of the Criminal Code or subsection 14.1(2) of the Controlled Drugs and Substances Act, as the case may be;

• (8) If subsection 5(3) of the Seized Property Management Act as enacted by section 108 of this Act comes into force before subsection 5(1) of the Seized Property Management Act as enacted by section 76 of the other Act, then, on the coming into force of section 108 of this Act, subsection 5(1) of the Seized Property Management Act as enacted by section 76 of the other Act is replaced by the following:

  Marginal note:Transfer of property

  • 5. (1) Every person who has control of any property that is subject to a management order issued under subsection 83.13(2), 462.331(1) or 490.81(1) of the Criminal Code, subsection 14.1(1) of the Controlled Drugs and Substances Act or subsection 7(1) of this Act shall, as soon as practicable after the order is issued, transfer the control of the property to the Minister, except for any property or any part of the property that is needed as evidence or is necessary for the purposes of an investigation.

• (9) If subsection 5(1) of the Seized Property Management Act as enacted by section 76 of the other Act comes into force before subsection 5(3) of the Seized Property Management Act as enacted by section 108 of this Act, then, on the coming into force of subsection 5(1) of the Seized Property Management Act as enacted by section 76 of the other Act,

  • (a) subsection 5(1) of the Seized Property Management Act is replaced by the following:

    Marginal note:Transfer of property

    • 5. (1) Every person who has control of any property that is subject to a management order issued under subsection 83.13(2), 462.331(1) or 490.81(1) of the Criminal Code, subsection 14.1(1) of the Controlled Drugs and Substances Act or subsection 7(1) of this Act shall, as soon as practicable after the order is issued, transfer the control of the property to the Minister, except for any property or any part of the property that is needed as evidence or is necessary for the purposes of an investigation.

  • (b) subsection 5(3) of the Seized Property Management Act is repealed.

• (10) If section 78 of the other Act comes into force before section 109 of this Act, then, on the later of the coming into force of section 78 of the other Act and this section, section 109 of this Act is repealed.

136. If Bill C-24, introduced in the 1st Session of the 37th Parliament and entitled An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts, has not received royal assent on the later of the coming into force of section 96 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and section 111 of this Act, then at that time subparagraph 11(a)(i) of the Seized Property Management Act is replaced by the following:

• 137. (1) Subsections (2) to (4) apply if Bill C-24, introduced in the 1st Session of the 37th Parliament and entitled An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts (the “other Act”), receives royal assent.

• (2) If, on the later of the coming into force of section 111 of this Act and section 96 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, section 79 of the other Act is not in force, then at that time section 80 of the other Act is repealed.

• (3) If, on the later of the coming into force of section 111 of this Act and section 79 of the other Act, section 96 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is not in force, then at that time

  • (a) subparagraph 11(a)(i) of the Seized Property Management Act is replaced by the following:

    • (i) property forfeited to Her Majesty pursuant to section 83.14, subsection 462.37(1) or (2) or 462.38(2), subparagraph 462.43(c)(iii) or subsection 490.1(1) or 490.2(2) of the Criminal Code or subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act, or

  • (b) section 80 of the other Act is repealed.

• (4) On the latest of the coming into force of section 111 of this Act, section 79 of the other Act and section 96 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, subparagraph 11(a)(i) of the Seized Property Management Act is replaced by the following:

  • (i) property forfeited to Her Majesty under section 83.14, subsection 462.37(1) or (2) or 462.38(2), subparagraph 462.43(c)(iii) or subsection 490.1(1) or 490.2(2) of the Criminal Code, subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act or the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, or