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The Criminal Property Forfeiture Act

C.C.S.M. c. C306

The Criminal Property Forfeiture Act

PART 1
INTRODUCTORY PROVISIONS
1 Definitions
2 Purpose
PART 2
CIVIL FORFEITURE ORDERS
3(1) Proceedings for forfeiture order
(2) How proceedings to be commenced
(3) Nature of proceedings
4 Identifying property
5 Parties
6(1) Filing notice in registries
(1.1) Exception
(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
8 Repealed
9 Repealed
9.1 Repealed
10 Interests to be disclosed
11 and 12 Repealed
12.1 Repealed
12.2 Repealed
13 Repealed
ORDERS
14(1) Forfeiture order
(1.1) Repealed
(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
PART 3
ADMINISTRATIVE FORFEITURE
17.1 Definitions
17.2(1) Property eligible for administrative forfeiture
(2) Grounds for seeking administrative forfeiture
(3) Administrative forfeiture requirements
17.3(1) Notice to interested persons
(2) Notice requirements
(3) How notice to be given
(4) Deemed receipt
(5) Exception
17.4(1) Public notice of administrative forfeiture proceedings
(2) Other methods of public notice
(3) Exception to newspaper notice requirement
(4) Notice requirements
17.5(1) Agency to maintain possession of subject property
(2) Exception
17.6(1) Disputing administrative forfeiture
(2) Notice of dispute requirements
(3) Corporation and partnership requirements
(4) Deadline
17.7(1) Director's response to notice of dispute
(2) Notice of decision
(3) Discharge of notice
17.8(1) Forfeiture
(2) Date of forfeiture
(3) Forfeiture notice
(4) Notice to law enforcement agency
(5) Delivering subject property
17.9(1) Action for losses from administrative forfeiture
(2) Onus on plaintiff
(3) Defence
(4) Exception — proceeds of unlawful activity
(5) Exception — instrument of unlawful activity
(6) Exception
(7) Order
(8) Payment
(9) Limitation period
(10) No other proceedings re administrative forfeiture
PART 4
CONDUCT OF PROCEEDINGS AND PRESUMPTIONS
17.10(1) Application of Queen's Bench Rules
(2) Director may refuse to disclose certain information
17.11(1) Order delaying proceedings
(2) Terms or conditions
17.12 Standard of proof
17.13 Proof of offences
17.14 Failure to seek forfeiture in sentencing does not prevent forfeiture
17.15(1) Presumption re proceeds of unlawful activity
(2) No direct link to specific unlawful act needed
(3) Presumption for members of criminal organization
(4) Presumption re criminal organization offence
17.16 Presumption re community safety order
PART 5
CRIMINAL PROPERTY FORFEITURE FUND AND ADMINISTRATIVE MATTERS
18(1) Criminal property forfeiture fund established
(2) Control and supervision of fund
(3) Investment of excess money
18.1 Payments into criminal property forfeiture fund
19(1) Payments from fund
(2) Requisitions for payments
(3) Payments re property under Part 2
(3.1) Payments re property under Part 3
(3.2) Payments re other property
(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
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) Privilege
(5) Definitions
19.4 Authorized disclosure
19.5 Reciprocal information exchange agreements
19.6 Agreement with law enforcement agencies
19.6.1(1) Director may collect information from interest holder
(2) Disclosure by interest holder
(3) Definitions
19.7(1) Asset manager
(2) Responsibilities of asset manager
(3) Asset manager may manage other property
(4) Additional duties
19.8(1) Managing forfeited property
(2) Examples of asset manager's powers
19.9 Managing property subject to orders
19.10(1) Annual report to minister
(2) Report to be included in department's annual report
PART 6
MISCELLANEOUS 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(1) Protection from liability
(2) Exception
24 Regulations
25
26 C.C.S.M. reference
27 Coming into force