HomeS.M. 2004, c. 1
Bill 7, 2nd Session, 38th Legislature
The Criminal Property Forfeiture Act
| Back to the 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 |
