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S.M. 2004, c. 1: Table of Contents

S.M. 2004, c. 1

Bill 7, 2nd Session, 38th Legislature

The Criminal Property Forfeiture Act

Section Table of Contents
DEFINITIONS
1 Definitions
PURPOSE
2 Purpose
APPLICATION PROCEDURE
3(1) Application for forfeiture order
(2) Property in Manitoba subject to application
4 Application must identify property
5 Respondents
6 Filing notice in registries
7(1) Order for preservation of property
(2) Grounds for order
(3) Motion made without notice
(4) Extension
(5) Extension without notice
CONDUCT OF PROCEEDINGS
8 Queen's Bench Rules re discovery do not apply
9 Standard of proof
10 Disclosure of interests
PRESUMPTIONS
11 Presumption for members of criminal organization
12 Presumption for instruments of unlawful activity
13 Presumptions re offences
ORDERS
14(1) Forfeiture order
(2) Date of forfeiture
(3) No assumption of mortgage or security interest
15(1) Protection order
(2) Possible orders
16(1) Protected holders of prior interests
(2) Other persons entitled to protection order
17(1) Protection order for proceeds of unlawful activity
(2) Protection order for instrument of unlawful activity
(3) Examples
SALE AND DISTRIBUTION OF PROCEEDS
18(1) Forfeited property to be sold
(2) Exception
19 Distribution of proceeds
GENERAL PROVISIONS
20 Assistance of peace officer
21 Where possession unlawful
22 No limitation period
23 Protection from liability
24 Regulations
25(1) Consequential amendments, C.C.S.M. c. V55
(2)
(3)
43.2 Funds from The Criminal Property Forfeiture Act
26 C.C.S.M. reference
27 Coming into force