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