Second Session, Thirty-Eighth Legislature
This version is based on the printed bill that was distributed in the Legislature after First Reading.
It is not the official version. If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.
Bill 7
THE CRIMINAL PROPERTY FORFEITURE ACT
| Section | Table of Contents |
| DEFINITIONS | |
| 1 | Definitions |
| PURPOSE | |
| 2 | Purpose |
| 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 registered 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 |