The Criminal Property Forfeiture Amendment Act

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5th Session, 40th Legislature

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Bill 10

THE CRIMINAL PROPERTY FORFEITURE AMENDMENT ACT

Bilingual version (PDF)

Explanatory Note

(Assented to )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. C306 amended

The Criminal Property Forfeiture Act is amended by this Act.

2(1)

Subsection 7(2) is amended by striking out "there are reasonable grounds to believe that" and substituting "there is a serious question to be tried as to whether".

2(2)

Subsection 7(5) is amended by striking out everything after "may be made" and substituting "for a further period specified by the court.".

3(1)

Clause 16(1)(b) is amended by striking out "section 141" wherever it occurs and substituting "subsection 45(5)".

3(2)

Subsection 16(2) is amended by adding "before a notice under section 6 or subsection 17.2(3) was filed against the property" after "in subsection (1)".

Clause 17.2(1)(c) is replaced with the following:

(c) the director has reason to believe that the fair market value of the property does not exceed $75,000 or a prescribed higher amount;

The following is added after subsection 17.9(1):

No small claim

17.9(1.1)

An action under this section may not be commenced under The Court of Queen's Bench Small Claims Practices Act.

Coming into force

This Act comes into force on the day it receives royal assent.

Explanatory Note

Under The Criminal Property Forfeiture Act, the director may apply for an interim order to prevent the sale or movement of property that is the subject of forfeiture proceedings. This Bill amends the Act to change the standard of proof required for granting the order. The judge may also extend the time of an interim order made without notice.

The Act allows orders to be made that protect people who have interests in property that is subject to forfeiture. The Bill clarifies that a person who obtained the property or an interest in the property from a specified party before forfeiture proceedings were commenced is entitled to a protection order.

Under the Act, certain personal property with a value of $75,000 or less may be forfeited through an administrative process. This Bill allows that amount to be increased by regulation.

A person who claims to have suffered losses as the result of this type of forfeiture of property may bring a claim against the government, but this Bill prevents the claim from being brought in small claims court.

A minor amendment is made to correct a cross-reference in the Act.