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 |