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C.C.S.M. c. C306
The Criminal Property Forfeiture Act
| INTRODUCTORY PROVISIONS | ||
| 1 | Definitions | |
| 2 | Purpose | |
| PRELIMINARY PRESERVATION ORDERS | ||
| 2.1 | (1) | Application for preliminary preservation order |
| (2) | Application to describe property | |
| (3) | Parties | |
| (4) | Nature of proceedings | |
| (5) | Application made without notice | |
| (6) | Grounds for order | |
| (7) | Term of order | |
| (8) | Court may grant extension | |
| (9) | Motion for extension requires notice | |
| (10) | Extension without notice | |
| (11) | Respondent to identify interest in property | |
| (12) | Assigning duties to asset manager | |
| 2.2 | (1) | Filing notice in registries |
| (2) | Discharge of notice | |
| PRELIMINARY DISCLOSURE ORDERS | ||
| 2.3 | (1) | Application for preliminary disclosure order |
| (2) | Application to describe property | |
| (3) | Parties | |
| (4) | Nature of proceedings | |
| (5) | Application made without notice | |
| (6) | Grounds for order | |
| (7) | Interpretation | |
| (8) | Contents of order | |
| (9) | Documents may be required | |
| (10) | Time to comply | |
| (11) | Court may grant extension | |
| (12) | Statements | |
| 2.4 | Orders made in same proceeding | |
| CIVIL FORFEITURE ORDERS | ||
| 3 | (1) | Proceedings for forfeiture order |
| (2) | How proceedings to be commenced | |
| (3) | Nature of proceedings | |
| 4 | Identifying property | |
| 5 | Parties | |
| 5.1 | Response must identify interest in property | |
| 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 | |
| (3.1) | Court may grant extension | |
| (4) | Motion for extension requires notice | |
| (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| 8 | Repealed | |
| 9 | Repealed | |
| 9.1 | Repealed | |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| 11 and 12 | Repealed | |
| 12.1 | Repealed | |
| 12.2 | Repealed | |
| 13 | Repealed | |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| (1.1) | Repealed | |
| (1.2) | Forfeiture of part of a property | |
| (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 | |
| ADMINISTRATIVE FORFEITURE | ||
| 17.1 | Definitions | |
| 17.2 | (1) | Property eligible for administrative forfeiture |
| (2) | Grounds for seeking administrative forfeiture | |
| (3) | Administrative forfeiture requirements | |
| (4) | Exception | |
| 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 | |
| CONDUCT OF PROCEEDINGS AND PRESUMPTIONS | ||
| CONDUCT OF PROCEEDINGS | ||
| 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 | |
| PRESUMPTIONS — PROCEEDS OF UNLAWFUL ACTIVITY | ||
| 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 | |
| (5) | Presumption re cash | |
| PRESUMPTIONS — INSTRUMENT OF UNLAWFUL ACTIVITY | ||
| 17.16 | Presumption re community safety order | |
| 17.17 | (1) | Presumption re conveyances |
| (2) | Presumption re refusing to stop conveyance | |
| (3) | Definitions re conveyances | |
| PRESUMPTIONS — NON-COMPLIANCE WITH ORDER | ||
| 17.18 | Presumption re preliminary disclosure order | |
| 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 | |
| (3.1) | Director may request information from financial institution | |
| (3.2) | Financial institution must comply | |
| (3.3) | No disclosure of director's request | |
| (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 request information from interest holder |
| (2) | Interest holder must comply | |
| (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 | |
| 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 | |
| 23.1 | (1) | Offences |
| (2) | Directors and officers of corporations | |
| (3) | Penalty | |
| 24 | Regulations | |
| 25 | ||
| 26 | C.C.S.M. reference | |
| 27 | Coming into force | |