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8 | Repealed | |
9 | Repealed | |
9.1 | Repealed | |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11 and 12 | Repealed | |
12.1 | Repealed | |
12.2 | Repealed | |
13 | Repealed | |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(1.1) | Repealed | |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) | 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 | |
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 |