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The Criminal Property Forfeiture Act

C.C.S.M. c. C306

The Criminal Property Forfeiture Act

DEFINITIONS
1 Definitions
PURPOSE
2 Purpose
APPLICATION PROCEDURE
3 Application for forfeiture order
4 Application must identify property
5 Respondents
6(1) Filing notice in registries
(2) Discharge of notice
7(1) Interim orders
(2) Grounds for order
(3) Motion made without notice
(4) Extension
(5) Extension without notice
(6) Lien on personal property
(7) Assigning duties to asset manager
CONDUCT OF PROCEEDINGS
8(1) Application of Queen's Bench Rules
(2) Director may refuse to disclose certain information
9 Standard of proof
9.1 Proof of offences
10 Interests to be disclosed
PRESUMPTIONS
11 Presumption for members of criminal organization
12 Presumption for instruments of unlawful activity
12.1 Presumption re proceeds of unlawful activity
13 Presumption re criminal organization offence
ORDERS
14(1) Forfeiture order
(1.1) No direct link to specific unlawful act needed
(2) Date of forfeiture
(3) No assumption of mortgage or security interest
15(1) Protection order
(2) Possible orders
(3) Exception
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
DISTRIBUTING THE PROCEEDS OF FORFEITED PROPERTY
18(1) Criminal property forfeiture fund established
(2) Control and supervision of fund
(3) Investment of excess money
18.1 Cash and proceeds to be paid into fund
19(1) Payments from fund
(2) Requisitions for payments
(3) Reimbursing director and asset manager
(4) Distributing remainder of fund
19.1(1) Victims eligible for compensation
(2) Applying for compensation
(3) Amount of compensation
(4) Additional provisions re payment
ADMINISTRATION
19.2(1) Director's powers and responsibilities
(2) Delegation of director's powers
19.3(1) Director may collect information
(2) Public body authorized to give information
(3) Protected information
(4) Information subject to qualified privilege
(5) Definitions
19.4 Authorized disclosure
19.5 Reciprocal information exchange agreements
19.6 Agreement with law enforcement agencies
19.7(1) Asset manager
(2) Responsibilities of asset manager
19.8(1) Managing forfeited property
(2) Examples of asset manager's powers
19.9 Managing property subject to interim order
19.10(1) Annual report to minister
(2) Report to be included in department's annual report
GENERAL PROVISIONS
20 Assistance of peace officer
21 Where possession unlawful
22 No limitation period
22.1 Escheats Act does not apply
22.2 Director not compellable as witness
23 Protection from liability
24 Regulations
25
26 C.C.S.M. reference
27 Coming into force