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 | |
12.2 | Presumption re community safety order | |
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 |