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| 8 | Repealed |
| 9 | Repealed |
| 9.1 | Repealed |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| 11 and 12 | Repealed |
| 12.1 | Repealed |
| 12.2 | Repealed |
| 13 | Repealed |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| (1.1) | Repealed |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