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The Proceeds of Crime Registration Act

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S.M. 1997, c. 25

THE PROCEEDS OF CRIME REGISTRATION ACT


Table of Contents

(Assented to June 28, 1997)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions

1         In this Act,

"Attorney General" has the meaning given it

(a) in section 2 of the Criminal Code (Canada), or

(b) in subsection 2(1) of the Controlled Drugs and Substances Act (Canada),

as the case may be; (« procureur général »)

"financing statement" means a financing statement as defined in The Personal Property Security Act; (« état de financement »)

"Personal Property Registry" means the Personal Property Registry continued under The Personal Property Security Act; (« Bureau d'enregistrement relatif aux biens personnels »)

"proceeds of crime restraint order" means a restraint order made under

(a) section 462.33 of the Criminal Code (Canada), or

(b) section 23 of the Controlled Drugs and Substances Act (Canada),

as the case may be;  (« ordonnance de blocage relative aux produits de la criminalité »)

"The Personal Property Security Act" means The Personal Property Security Act, enacted by S.M. 1993, c. 14, and the regulations under that Act.  (« Loi sur les sûretés relatives aux biens personnels »)

Registration of proceeds of crime restraint order

2         A copy of a proceeds of crime restraint order may be registered against personal property by submitting a financing statement for registration in the Personal Property Registry in accordance with The Personal Property Security Act.

Application of Personal Property Security Act

3(1)      Part 5 of The Personal Property Security Act applies to the registration of a financing statement with respect to a proceeds of crime restraint order under this Act, with such modifications as the circumstances require.

Interpretation

3(2)      For the purpose of registering a financing statement with respect to a proceeds of crime restraint order under The Personal Property Security Act,

(a) the person who is named in the proceeds of crime restraint order is deemed to be a debtor under that Act;

(b) the Attorney General who made the application for the proceeds of crime restraint order is deemed to be a secured party under that Act; and

(c) the personal property which is specified in the proceeds of crime restraint order is deemed to be collateral under that Act.

Effect of registration

4         The registration of a financing statement with respect to a proceeds of crime restraint order does not

(a) affect the priority of an interest in personal property unless another enactment of Manitoba or Canada provides otherwise; or

(b) create a security interest as defined in The Personal Property Security Act.

Regulations

5         The Lieutenant Governor in Council may make regulations respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the purpose of this Act.

C.C.S.M. reference

6         This Act may be referred to as chapter P142 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

7         This Act comes into force on a day fixed by proclamation.