C.C.S.M. c. C306
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| INTRODUCTORY PROVISIONS
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| 1
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| Definitions
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| 2
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| Purpose
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| PRELIMINARY PRESERVATION ORDERS
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| 2.1
| (1)
| Application for preliminary preservation order
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| (2)
| Application to describe property
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| (3)
| Parties
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| (4)
| Nature of proceedings
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| (5)
| Application made without notice
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| (6)
| Grounds for order
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| (7)
| Term of order
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| (8)
| Court may grant extension
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| (9)
| Motion for extension requires notice
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| (10)
| Extension without notice
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| (11)
| Respondent to identify interest in property
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| (12)
| Assigning duties to asset manager
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| 2.2
| (1)
| Filing notice in registries
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| (2)
| Discharge of notice
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| PRELIMINARY DISCLOSURE ORDERS
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| 2.3
| (1)
| Application for preliminary disclosure order
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| (2)
| Application to describe property
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| (3)
| Parties
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| (4)
| Nature of proceedings
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| (5)
| Application made without notice
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| (6)
| Grounds for order
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| (7)
| Interpretation
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| (8)
| Contents of order
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| (9)
| Documents may be required
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| (10)
| Time to comply
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| (11)
| Court may grant extension
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| (12)
| Statements
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| 2.4
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| Orders made in same proceeding
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| CIVIL FORFEITURE ORDERS
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| 3
| (1)
| Proceedings for forfeiture order
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| (2)
| How proceedings to be commenced
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| (3)
| Nature of proceedings
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| 4
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| Identifying property
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| 5
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| Parties
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| 5.1
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| Response must identify interest in property
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| 6
| (1)
| Filing notice in registries
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| (1.1)
| Exception
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| (2)
| Discharge of notice
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| 7
| (1)
| Interim orders
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| (2)
| Grounds for order
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| (3)
| Motion made without notice
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| (3.1)
| Court may grant extension
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| (4)
| Motion for extension requires notice
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| (5)
| Extension without notice
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| (6)
| Lien on personal property
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| (7)
| Assigning duties to asset manager
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| 8
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| Repealed
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| 9
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| Repealed
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| 9.1
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| Repealed
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| 10
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| Interests to be disclosed
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| 11 and 12
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| Repealed
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| 12.1
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| Repealed
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| 12.2
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| Repealed
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| 13
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| Repealed
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| ORDERS
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| 14
| (1)
| Forfeiture order
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| (1.1)
| Repealed
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| (1.2)
| Forfeiture of part of a property
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| (2)
| Date of forfeiture
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| (3)
| No assumption of mortgage or security interest
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| 15
| (1)
| Protection order
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| (2)
| Possible orders
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| (3)
| Exception
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| 16
| (1)
| Protected holders of prior interests
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| (2)
| Other persons entitled to protection order
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| 17
| (1)
| Protection order for proceeds of unlawful activity
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| (2)
| Protection order for instrument of unlawful activity
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| (3)
| Examples
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| ADMINISTRATIVE FORFEITURE
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| 17.1
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| Definitions
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| 17.2
| (1)
| Property eligible for administrative forfeiture
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| (2)
| Grounds for seeking administrative forfeiture
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| (3)
| Administrative forfeiture requirements
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| (4)
| Exception
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| 17.3
| (1)
| Notice to interested persons
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| (2)
| Notice requirements
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| (3)
| How notice to be given
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| (4)
| Deemed receipt
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| (5)
| Exception
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| 17.4
| (1)
| Public notice of administrative forfeiture proceedings
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| (2)
| Other methods of public notice
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| (3)
| Exception to newspaper notice requirement
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| (4)
| Notice requirements
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| 17.5
| (1)
| Agency to maintain possession of subject property
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| (2)
| Exception
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| 17.6
| (1)
| Disputing administrative forfeiture
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| (2)
| Notice of dispute requirements
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| (3)
| Corporation and partnership requirements
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| (4)
| Deadline
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| 17.7
| (1)
| Director's response to notice of dispute
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| (2)
| Notice of decision
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| (3)
| Discharge of notice
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| 17.8
| (1)
| Forfeiture
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| (2)
| Date of forfeiture
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| (3)
| Forfeiture notice
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| (4)
| Notice to law enforcement agency
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| (5)
| Delivering subject property
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| 17.9
| (1)
| Action for losses from administrative forfeiture
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| (2)
| Onus on plaintiff
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| (3)
| Defence
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| (4)
| Exception — proceeds of unlawful activity
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| (5)
| Exception — instrument of unlawful activity
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| (6)
| Exception
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| (7)
| Order
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| (8)
| Payment
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| (9)
| Limitation period
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| (10)
| No other proceedings re administrative forfeiture
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| CONDUCT OF PROCEEDINGS AND PRESUMPTIONS
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| CONDUCT OF PROCEEDINGS
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| 17.10
| (1)
| Application of Queen's Bench Rules
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| (2)
| Director may refuse to disclose certain information
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| 17.11
| (1)
| Order delaying proceedings
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| (2)
| Terms or conditions
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| 17.12
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| Standard of proof
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| 17.13
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| Proof of offences
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| 17.14
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| Failure to seek forfeiture in sentencing does not prevent forfeiture
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| PRESUMPTIONS — PROCEEDS OF UNLAWFUL ACTIVITY
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| 17.15
| (1)
| Presumption re proceeds of unlawful activity
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| (2)
| No direct link to specific unlawful act needed
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| (3)
| Presumption for members of criminal organization
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| (4)
| Presumption re criminal organization offence
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| (5)
| Presumption re cash
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| PRESUMPTIONS — INSTRUMENT OF UNLAWFUL ACTIVITY
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| 17.16
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| Presumption re community safety order
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| 17.17
| (1)
| Presumption re conveyances
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| (2)
| Presumption re refusing to stop conveyance
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| (3)
| Definitions re conveyances
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| PRESUMPTIONS — NON-COMPLIANCE WITH ORDER
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| 17.18
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| Presumption re preliminary disclosure order
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| CRIMINAL PROPERTY FORFEITURE FUND AND ADMINISTRATIVE MATTERS
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| 18
| (1)
| Criminal property forfeiture fund established
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| (2)
| Control and supervision of fund
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| (3)
| Investment of excess money
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| 18.1
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| Payments into criminal property forfeiture fund
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| 19
| (1)
| Payments from fund
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| (2)
| Requisitions for payments
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| (3)
| Payments re property under Part 2
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| (3.1)
| Payments re property under Part 3
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| (3.2)
| Payments re other property
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| (4)
| Distributing remainder of fund
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| 19.1
| (1)
| Victims eligible for compensation
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| (2)
| Applying for compensation
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| (3)
| Amount of compensation
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| (4)
| Additional provisions re payment
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| 19.2
| (1)
| Director's powers and responsibilities
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| (2)
| Delegation of director's powers
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| 19.3
| (1)
| Director may collect information
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| (2)
| Public body authorized to give information
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| (3)
| Protected information
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| (3.1)
| Director may request information from financial institution
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| (3.2)
| Financial institution must comply
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| (3.3)
| No disclosure of director's request
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| (4)
| Privilege
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| (5)
| Definitions
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| 19.4
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| Authorized disclosure
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| 19.5
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| Reciprocal information exchange agreements
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| 19.6
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| Agreement with law enforcement agencies
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| 19.6.1
| (1)
| Director may request information from interest holder
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| (2)
| Interest holder must comply
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| (3)
| Definitions
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| 19.7
| (1)
| Asset manager
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| (2)
| Responsibilities of asset manager
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| (3)
| Asset manager may manage other property
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| (4)
| Additional duties
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| 19.8
| (1)
| Managing forfeited property
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| (2)
| Examples of asset manager's powers
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| 19.9
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| Managing property subject to orders
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| 19.10
| (1)
| Annual report to minister
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| (2)
| Report to be included in department's annual report
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| MISCELLANEOUS PROVISIONS
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| 20
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| Assistance of peace officer
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| 21
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| Where possession unlawful
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| 22
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| No limitation period
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| 22.1
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| Escheats Act does not apply
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| 22.2
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| Director not compellable as witness
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| 23
| (1)
| Protection from liability
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| (2)
| Exception
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| 23.1
| (1)
| Offences
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| (2)
| Directors and officers of corporations
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| (3)
| Penalty
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| 24
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| Regulations
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| 25
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| 26
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| C.C.S.M. reference
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| 27
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| Coming into force
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