Skip to main content
The Criminal Property Forfeiture Act
This is an unofficial version.
If you need an official copy, use the bilingual (PDF) version.

This version is current as of November 26, 2021.
It has been in effect since May 20, 2021.

Show previous versions Hide previous versions


 

C.C.S.M. c. C306

The Criminal Property Forfeiture Act

(Assented to March 11, 2004)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

PART 1

INTRODUCTORY PROVISIONS

Definitions

1

The following definitions apply in this Act.

"asset manager" means the person designated as asset manager under subsection 19.7(1). (« gestionnaire de biens »)

"court" means the Court of Queen's Bench. (« tribunal »)

"criminal organization" means a criminal organization as defined in section 2 of the Criminal Code (Canada). (« organisation criminelle »)

"criminal property forfeiture fund" means the fund established under subsection 18(1). (« Fonds de confiscation des biens obtenus ou utilisés criminellement »)

"department" means the department of government over which the minister presides and through which this Act is administered. (« ministère »)

"director" means the person appointed under The Civil Service Act as the director for the purpose of this Act. (« directeur »)

"instrument of unlawful activity" means property that

(a) has been used to engage in unlawful activity that, in turn,

(i) resulted in or was likely to result in the acquisition of property, or

(ii) caused or was likely to cause serious bodily harm to a person; or

(b) is likely to be used to engage in unlawful activity that, in turn, would be likely to, or is intended to,

(i) result in the acquisition of property, or

(ii) cause serious bodily harm to a person. (« instrument d'activité illégale »)

"law enforcement agency" means

(a) a police service;

(b) a department, branch or agency of the Government of Manitoba or the Government of Canada; and

(c) a prescribed agency or organization. (« organisme chargé de l'application de la loi »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)

"personal property registry" means the personal property registry continued under The Personal Property Security Act. (« Bureau d'enregistrement relatif aux biens personnels »)

"preliminary disclosure order" means an order made under section 2.3. (« ordonnance préliminaire de communication »)

"preliminary preservation order" means an order made under section 2.1. (« ordonnance préliminaire de conservation »)

"prescribed" means prescribed by regulation. (version anglaise seulement)

"prior registered interest" means

(a) with respect to real property, an interest, lien or judgment that was filed or registered against the property in accordance with The Real Property Act or The Registry Act before notice of a proceeding was filed under subsection 2.2(1) or section 6; and

(b) with respect to personal property, a security interest, lien, charge or other interest in respect of which a financing statement was registered against the property in the personal property registry in accordance with The Personal Property Security Act before notice of a proceeding was filed under subsection 2.2(1) or section 6 or a notice of administrative forfeiture proceedings was filed under subsection 17.2(3). (« intérêt antérieur enregistré »)

"proceeds of unlawful activity" means property

(a) acquired directly or indirectly, in whole or in part, as a result of unlawful activity, whether the property was acquired before or after the coming into force of this Act;

(b) in respect of which an increase in the value of the property resulted, directly or indirectly and in whole or in part, from unlawful activity;

(c) in respect of which a decrease in a debt obligation secured against the property resulted, directly or indirectly and in whole or in part, from unlawful activity; or

(d) realized by the sale or other disposition of an instrument of unlawful activity;

but does not include consideration paid or payable under a contract for the recollection of a crime as that term is defined in The Profits of Criminal Notoriety Act. (« produit d'activité illégale »)

"property" means real or personal property, and includes any interest in real or personal property, and, for greater certainty, includes cash. (« bien »)

"protection order" means an order made under subsection 15(1). (« ordonnance de protection »)

"unlawful activity" means an act or omission that is an offence under

(a) an Act of Canada, Manitoba or another Canadian province or territory; or

(b) an Act of a jurisdiction outside Canada, if a similar act or omission would be an offence under an Act of Canada or Manitoba if it were committed in Manitoba;

whether the act or omission occurred before or after the coming into force of this Act. (« activité illégale »)

S.M. 2008, c. 16, s. 2; S.M. 2012, c. 13, s. 3; S.M. 2021, c. 50, s. 2.

Purpose

2

The purpose of this Act is to provide civil remedies that will prevent

(a) people who engage in unlawful activities and others from keeping property that was acquired as a result of unlawful activities; and

(b) property from being used to engage in certain unlawful activities.

PART 1.1

PRELIMINARY PRESERVATION ORDERS

Application for preliminary preservation order

2.1(1)

Before commencing proceedings under section 3 (forfeiture order) or subsection 17.2(3) (administrative forfeiture) in respect of property, the director may apply to the court for one or more of the following orders:

(a) an order restraining the disposition of the property;

(b) an order for the possession, delivery or safekeeping of the property;

(c) any other order respecting the preservation, management or disposition of the property, or a part of the property, that the court considers just.

Application to describe property

2.1(2)

The notice of application must describe the property with sufficient detail to make it readily identifiable.

Parties

2.1(3)

The following must be named as parties to a proceeding under this section:

(a) the owner of the property;

(b) any person other than the owner who is in possession of the property, unless the property is in the possession of a law enforcement agency;

(c) any other person whom the director believes may have an interest in the property, unless the interest in question is a statutory easement as defined in The Real Property Act.

Nature of proceedings

2.1(4)

The proceedings under this section are in rem and not in personam, even though there are parties to the proceedings.

Application made without notice

2.1(5)

A preliminary preservation order may be made on an application without notice.

Grounds for order

2.1(6)

Unless it would clearly not be in the interests of justice, the court must make a preliminary preservation order if the court is satisfied that one or both of the following constitute a serious question to be tried:

(a) whether the property is proceeds of unlawful activity;

(b) whether the property is an instrument of unlawful activity.

Term of order

2.1(7)

If the application is made without notice, the term of the preliminary preservation order must not exceed 30 days.

Court may grant extension

2.1(8)

Subject to subsections (9) and (10), the court may grant one or more extensions to a preliminary preservation order whether or not the order is made on an application without notice.

Motion for extension requires notice

2.1(9)

If a preliminary preservation order is made on an application without notice, a motion to extend the order may be made only on notice to every party to the proceeding, unless the court is satisfied that because a party has been evading service or because there are other exceptional circumstances, the order ought to be extended without notice to that party.

Extension without notice

2.1(10)

If one or more extensions are granted on a motion without notice, each extension may be made for a further period not exceeding 30 days after the date the extension is granted.

Respondent to identify interest in property

2.1(11)

A person who files a response to proceedings commenced under this section must identify in the response the nature and extent of the interest that the person claims in the property that is the subject of the proceeding.

Assigning duties to asset manager

2.1(12)

If requested by the director, the court may assign duties respecting property to the asset manager when making a preliminary preservation order.

S.M. 2021, c. 50, s. 3.

Filing notice in registries

2.2(1)

After receiving a preliminary preservation order, the director must file a notice of the proceeding against the property

(a) in respect of real property, in the prescribed form, in the proper land titles office or registry office; or

(b) in respect of personal property, in the personal property registry.

Discharge of notice

2.2(2)

The director must apply as soon as possible to have the notice filed under subsection (1) discharged

(a) if the director has not commenced proceedings for an order under section 3 (forfeiture order) or subsection 17.2(3) (administrative forfeiture) with respect to the property before the expiry of the preliminary preservation order; or

(b) if a proceeding seeking a forfeiture order with respect to the property is dismissed or discontinued.

S.M. 2021, c. 50, s. 3.

PART 1.2

PRELIMINARY DISCLOSURE ORDERS

Application for preliminary disclosure order

2.3(1)

Before commencing proceedings under section 3 (forfeiture order) in respect of property, the director may apply to the court for an order requiring a person to provide a statement

(a) setting out the nature and extent of the person's interest in the property that is the subject of the proceeding;

(b) explaining the particulars of the person's acquisition of the property, including how any costs incurred in acquiring the property were met;

(c) setting out the sources and amounts of the person's lawfully obtained income and assets;

(d) if the person holds the property, or any part of it, in trust for another person, setting out the details of the trust and the identity of the beneficial owners; and

(e) setting out any other specified information relating to the property.

Application to describe property

2.3(2)

The notice of application must describe the property with sufficient detail to make it readily identifiable.

Parties

2.3(3)

The following may be named as parties to a proceeding under this section:

(a) the owner of the property;

(b) any person who is in possession of the property;

(c) any other person whom the director believes may have an interest in the property.

Nature of proceedings

2.3(4)

The proceedings under this section are in rem and not in personam, even though there are parties to the proceedings.

Application made without notice

2.3(5)

A preliminary disclosure order may be made on an application without notice.

Grounds for order

2.3(6)

Unless it would clearly not be in the interests of justice, the court must make a preliminary disclosure order if the court is satisfied that

(a) the director has reasonable grounds to suspect

(i) the respondent is the owner of, or has possession, of the property,

(ii) the fair market value of the property exceeds $100,000,

(iii) the known sources of the respondent's lawfully obtained income and assets would have been insufficient to enable the respondent to acquire the property, and

(iv) the respondent, or a person who does not deal with the respondent at arm's length, is, or has been, involved in unlawful activity; and

(b) the information or documents to be provided under the order would assist the director in determining whether to commence proceedings under section 3 (forfeiture order).

Interpretation

2.3(7)

For the purposes of clause (6)(a),

(a) the respondent is deemed to have acquired the property for a price equivalent to its fair market value;

(b) the respondent is deemed to possess the property if the property is available for use by the respondent;

(c) the known sources of the respondent's income and assets are the sources reasonably ascertainable from available information at the time of the making of the application for the order;

(d) more than one person may have an interest in the property;

(e) persons are deemed not to be dealing at arm's length with each other when they are deemed for the purposes of the Income Tax Act (Canada) not to be dealing at arm's length with each other; and

(f) the property may have been acquired before or after the coming into force of this section.

Contents of order

2.3(8)

A preliminary disclosure order must specify

(a) the form and manner in which the statement under subsection (1) is to be provided;

(b) the person to whom the statement is to be given; and

(c) the place the statement is to be given or, if it is to be provided in writing, the address to which it is to be sent.

Documents may be required

2.3(9)

A preliminary disclosure order may require the respondent to provide documents as specified in the order.

Time to comply

2.3(10)

The respondent must comply with a preliminary disclosure order within the time period specified in the order, and different periods may be specified in relation to different requirements.

Court may grant extension

2.3(11)

The court may grant one or more extensions to a time period specified in the order.

Statements

2.3(12)

A statement made, or a document provided, by a person in compliance with a requirement imposed under a preliminary disclosure order must not be used or disclosed except in proceedings under, or for the purposes of, this Act.

S.M. 2021, c. 50, s. 3.

Orders made in same proceeding

2.4

The director may apply for a preliminary preservation order and a preliminary disclosure order in the same notice of application and the court may make both orders in the same proceeding.

S.M. 2021, c. 50, s. 3.

PART 2

CIVIL FORFEITURE ORDERS

Proceedings for forfeiture order

3(1)

If the director is satisfied that property is proceeds of unlawful activity or an instrument of unlawful activity, he or she may commence proceedings in court seeking an order forfeiting the property to the government.

How proceedings to be commenced

3(2)

Proceedings under this Part may be commenced by action or application.

Nature of proceedings

3(3)

All proceedings under this Part are in rem and not in personam, even though the proceedings have parties.

S.M. 2008, c. 16, s. 3; S.M. 2012, c. 13, s. 6.

Identifying property

4

The statement of claim or notice of application must describe the property for which a forfeiture order is sought with sufficient detail to make it readily identifiable.

S.M. 2012, c. 13, s. 7.

Parties

5

The following must be named as parties to a proceeding under this Part:

(a) the owner of the property;

(b) any person other than the owner who is in possession of the property, unless the property is in the possession of a law enforcement agency;

(c) a person with a prior registered interest in the property, unless the interest in question is a statutory easement as defined in The Real Property Act;

(d) any other person whom the director believes may have an interest in the property.

S.M. 2008, c. 16, s. 4; S.M. 2012, c. 13, s. 8.

Response must identify interest in property

5.1

A person who files a response to proceedings commenced under section 3 must identify in the response the nature and extent of the interest that the person claims in the property for which a forfeiture order is sought.

S.M. 2021, c. 50, s. 4.

Filing notice in registries

6(1)

The director must, after commencing a proceeding in court seeking a forfeiture order

(a) of real property, file notice of the proceeding against the property, in the prescribed form, in the proper land titles office or registry office; or

(b) of personal property, file notice of the proceeding against the property in the personal property registry.

Exception

6(1.1)

Subsection (1) does not apply to property in respect of which a notice of proceedings has been filed under subsection 2.2(1) or 17.2(3) and has not been discharged.

Discharge of notice

6(2)

When a proceeding seeking a forfeiture order is dismissed or discontinued, the director must apply as soon as possible to have the notice filed under subsection (1) or subsection 17.2(3) discharged.

S.M. 2008, c. 16, s. 5; S.M. 2012, c. 13, s. 9; S.M. 2021, c. 50, s. 5.

Interim orders

7(1)

On motion by the director, the court may make one or more of the following interim orders respecting property that is the subject of a proceeding under this Part:

(a) an order restraining the disposition of the property;

(b) an order for the possession, delivery or safekeeping of the property;

(c) an order appointing a receiver or a receiver and manager for the property;

(c.1) an order for the sale or other disposition of the property, if

(i) the property is perishable or of a rapidly depreciating nature,

(ii) the sale or disposition of the property would preserve the value of the property, or

(iii) the cost of managing or preserving the property would exceed its realizable value;

(c.2) an order creating a lien in favour of the government for an amount fixed by the court on the property, or on other property specified in the order, to secure the performance of an obligation imposed by an order made under this subsection;

(d) any other order respecting the preservation, management or disposition of the property that the court considers just.

Grounds for order

7(2)

Unless it would clearly not be in the interests of justice, the court must make an order under subsection (1) if the court is satisfied that one or both of the following constitute a serious question to be tried:

(a) whether the property is proceeds of unlawful activity;

(b) whether the property is an instrument of unlawful activity.

Motion made without notice

7(3)

An order under subsection (1) may be made on motion without notice. If it is made without notice, the term of the order must not exceed 30 days.

Court may grant extension

7(3.1)

Subject to subsections (4) and (5), the court may grant one or more extensions to an order made under subsection (1) whether or not the order is made on a motion without notice.

Motion for extension requires notice

7(4)

If an order under subsection (1) is made on a motion without notice, a motion to extend the order may be made only on notice to every party to the proceeding, unless the court is satisfied that because a party has been evading service or because there are other exceptional circumstances, the order ought to be extended without notice to that party.

Extension without notice

7(5)

If one or more extensions are granted on a motion without notice, each extension may be made for a further period not exceeding 30 days after the date the extension is granted.

Lien on personal property

7(6)

If an order under clause (1)(c.2) creates a lien in favour of the government on personal property,

(a) the government is deemed to be a secured party under The Personal Property Security Act and the owner of the property is deemed to be a debtor under that Act;

(b) the owner is deemed to have signed a security agreement stating that a security interest is taken in the property and the lien is deemed to be a perfected security interest in that property; and

(c) The Personal Property Security Act and the regulations under that Act apply to the lien, with necessary changes.

Assigning duties to asset manager

7(7)

If requested by the director, the court may assign duties respecting property to the asset manager when making an order under subsection (1).

S.M. 2008, c. 16, s. 6; S.M. 2012, c. 13, s. 10; S.M. 2021, c. 50, s. 6.

8

[Repealed]

S.M. 2008, c. 16, s. 7; S.M. 2012, c. 13, s. 11.

9

[Repealed]

S.M. 2008, c. 16, s. 8; S.M. 2012, c. 13, s. 11.

9.1

[Repealed]

S.M. 2008, c. 16, s. 9; S.M. 2012, c. 13, s. 11.

Interests to be disclosed

10

At the hearing of a proceeding under this Part, the director must disclose to the court

(a) all prior registered interests in the property that is the subject of the proceeding; and

(b) any other interest in the property that the director has reason to believe exists.

S.M. 2008, c. 16, s. 10; S.M. 2012, c. 13, s. 12.

11 and 12

 [Repealed]

S.M. 2012, c. 13, s. 13.

12.1

[Repealed]

S.M. 2008, c. 16, s. 11; S.M. 2012, c. 13, s. 13.

12.2

[Repealed]

S.M. 2011, c. 6, s. 10; S.M. 2012, c. 13, s. 13.

13

[Repealed]

S.M. 2008, c. 16, s. 12; S.M. 2012, c. 13, s. 13.

ORDERS

Forfeiture order

14(1)

Subject to section 15, and unless it would clearly not be in the interests of justice, the court must make an order forfeiting property to the government if it finds that the property is proceeds of unlawful activity or an instrument of unlawful activity.

14(1.1)

[Repealed] S.M. 2012, c. 13, s. 14.

Forfeiture of part of a property

14(1.2)

The court may make an order forfeiting a part of a property if the court determines a forfeiture of the entire property would clearly not be in the interests of justice.

Date of forfeiture

14(2)

When a forfeiture order is made, the property is forfeited

(a) as of the date the notice of proceedings was filed under subsection 2.2(1), unless the notice has been discharged;

(a.1) as of the date the notice of administrative forfeiture proceedings was filed under clause 17.2(3)(a); or

(b) as of the date the notice of proceedings under section 6 was filed, in all other cases.

No assumption of mortgage or security interest

14(3)

The government does not assume any covenants or other obligations under a mortgage or other security interest on forfeited property.

S.M. 2008, c. 16, s. 13; S.M. 2012, c. 13, s. 14; S.M. 2021, c. 50, s. 7.

Protection order

15(1)

Subject to subsection (3), when property is found to be proceeds of unlawful activity or an instrument of unlawful activity, the court must make an order to protect, as much as reasonably possible, interests in the property held by persons entitled to such an order under section 16 or 17.

Possible orders

15(2)

Without limiting the generality of subsection (1), a protection order may

(a) sever or partition any interest in the property or require any interest in the property to be sold or otherwise disposed of by any person;

(b) subject to subsection 14(3), provide that the government takes the property subject to the interest of a person; or

(c) direct that the proceeds of the sale of the property be applied to any debt secured by a prior registered interest in the property.

Exception

15(3)

The court may refuse to issue a protection order if it considers that it would not be in the interests of justice to do so.

S.M. 2008, c. 16, s. 14.

Protected holders of prior interests

16(1)

The following are entitled to a protection order in respect of property that is found to be proceeds of unlawful activity or an instrument of unlawful activity:

(a) any of the following holders of a prior registered interest in the property:

(i) a bank, a credit union, or a trust or loan corporation with a business authorization under Part XXIV of The Corporations Act,

(ii) an insurance company licensed under The Insurance Act,

(iii) the Government of Canada, the Government of Manitoba, a municipality or a local government district,

(iv) a member of a class of holders, prescribed by regulation, who are similar to the holders set out in subclause (i) or (ii);

(b) the holder of an interest in the property that is

(i) a prior registered interest that is referred to in subsection 45(5) of The Real Property Act,

(ii) not registered, but if it were registered, would be an interest referred to in subsection 45(5) of The Real Property Act, or

(iii) a prior registered interest that is prescribed by regulation.

Other persons entitled to protection order

16(2)

If property is found to be proceeds of unlawful activity or an instrument of unlawful activity, any person who acquired the property or an interest in the property from a person referred to in subsection (1) is entitled to a protection order.

S.M. 2012, c. 13, s. 15; S.M. 2021, c. 50, s. 8.

Protection order for proceeds of unlawful activity

17(1)

If property is found to be proceeds of unlawful activity, a person who owns or has an interest in the property is entitled to a protection order if the person proves

(a) that he or she

(i) acquired the property or an interest in it before a notice was filed against the property under subsection 2.2(1), section 6 or subsection 17.2(3), and

(ii) did not, directly or indirectly, acquire the property or an interest in it as a result of unlawful activity; and

(b) that he or she

(i) co-owns the property with another person whose unlawful activity led to the finding that the property is proceeds of unlawful activity, but did not know and could not reasonably have known that his or her co-owner's interest in the property was acquired as a result of unlawful activity,

(ii) owned or had an interest in the property before the unlawful activity occurred, and was deprived of the property or the benefit of his or her interest as a result of the unlawful activity,

(iii) acquired the property or an interest in it for fair market value after the unlawful activity occurred, and did not know and could not reasonably have known at the time of the acquisition that the property was proceeds of unlawful activity, or

(iv) acquired the property or an interest in it from a person described in subclause (i), (ii) or (iii).

Protection order for instrument of unlawful activity

17(2)

If property is found to be an instrument of unlawful activity, a person who owns or has an interest in the property is entitled to a protection order if the person proves that he or she

(a) acquired the property or an interest in it before a notice was filed against the property under subsection 2.2(1), section 6 or subsection 17.2(3); and

(b) did all that he or she could reasonably have done in the circumstances to prevent the property from being used to engage in unlawful activity.

Examples

17(3)

For the purpose of clause (2)(b), a person can prevent property from being used to engage in unlawful activity by actions such as

(a) promptly notifying appropriate law enforcement agencies whenever the person knows or ought to know that the property has been or is likely to be used to engage in unlawful activity; or

(b) refusing or withdrawing any permission that the person has authority to give and that the person knows or ought to know has facilitated or is likely to facilitate the property's being used to engage in unlawful activity.

S.M. 2012, c. 13, s. 16; S.M. 2021, c. 50, s. 9.

PART 3

ADMINISTRATIVE FORFEITURE

Definitions

17.1

The following definitions apply in this Part.

"deadline date" means the date specified in a notice of administrative forfeiture proceedings given under sections 17.3 and 17.4 by which persons are required to file a notice of dispute of forfeiture of subject property. (« date limite »)

"notice of dispute" means a notice of dispute under section 17.6. (« avis de contestation »)

"subject property" means property that is the subject of administrative forfeiture proceedings under this Part. (« bien visé »)

S.M. 2012, c. 13, s. 17.

Property eligible for administrative forfeiture

17.2(1)

Property may be the subject of administrative forfeiture proceedings under this Part if

(a) it is cash or other personal property;

(b) it has been seized by a law enforcement agency and is being held by or on behalf of that agency;

(c) the director has reason to believe that the fair market value of the property does not exceed

(i) the prescribed amount, or

(ii) if no amount is prescribed, $75,000;

(d) all persons who have a prior registered interest in the property consent in writing to proceedings under this Part; and

(e) the property is not the subject of proceedings seeking a forfeiture order under Part 2.

Grounds for seeking administrative forfeiture

17.2(2)

The director may commence administrative forfeiture proceedings against property if he or she is satisfied that the property is proceeds of unlawful activity or an instrument of unlawful activity.

Administrative forfeiture requirements

17.2(3)

In order to commence administrative forfeiture proceedings, the director must

(a) file notice of administrative forfeiture proceedings against the subject property in the personal property registry; and

(b) give notice of the administrative forfeiture proceedings in accordance with sections 17.3 and 17.4.

Exception

17.2(4)

Clause (3)(a) does not apply to property in respect of which a notice of proceedings has been filed under subsection 2.2(1) and has not been discharged.

S.M. 2012, c. 13, s. 17; S.M. 2021, c. 50, s. 10.

Notice to interested persons

17.3(1)

Subject to subsection (5), the director must give written notice of administrative forfeiture proceedings against the subject property to

(a) the person from whom the subject property was seized;

(b) the law enforcement agency that seized the subject property; and

(c) any other person whom the director believes may have an interest in the property.

Notice requirements

17.3(2)

A notice under this section must include the following:

(a) a description of the subject property;

(b) the date the subject property was seized and the place of seizure;

(c) the basis on which the director seeks forfeiture of the subject property;

(d) a statement that the subject property may be forfeited to the government;

(e) a statement that a person who wishes to oppose forfeiture of the subject property must submit a written notice of dispute to the director at an address set out in the notice by a deadline date specified in the notice;

(f) the deadline for submitting a notice of dispute to the director, which must be at least 30 days after the later of

(i) the date that notice of administrative forfeiture proceedings was received or deemed to have been received by all persons required to be given notice under subsection (1), and

(ii) the date that public notice of administrative forfeiture proceedings was first given under section 17.4.

How notice to be given

17.3(3)

A notice under this section may be given to a person by personally serving the person with the notice or by sending a copy of the notice by ordinary mail to the last known address of the person.

Deemed receipt

17.3(4)

A notice under this section sent by ordinary mail under subsection (3) is deemed to have been received by the person to whom it was addressed on the fifth day after it was mailed.

Exception

17.3(5)

The director is not required to give notice to a person referred to in subsection (1) if the director does not have any information respecting the person's address.

S.M. 2012, c. 13, s. 17.

Public notice of administrative forfeiture proceedings

17.4(1)

Subject to subsection (3), the director must give public notice of administrative forfeiture proceedings against the subject property by publishing notice of the proceedings in a newspaper that has a general circulation throughout the province.

Other methods of public notice

17.4(2)

The director may give public notice of administrative forfeiture proceedings against the subject property

(a) by posting notice of the proceedings on the department's website; and

(b) in any other manner that the director considers appropriate.

Exception to newspaper notice requirement

17.4(3)

The director is not required to give public notice of administrative forfeiture proceedings in a newspaper if the fair market value of the subject property is $2,500 or less. If the director decides not to give public notice of administrative forfeiture proceedings in a newspaper, the director must post the notice on the department's website.

Notice requirements

17.4(4)

A notice under this section must include the following:

(a) a general description of the subject property;

(b) the date the subject property was seized and the place of seizure;

(c) the basis on which the director seeks forfeiture of the subject property;

(d) a statement that the subject property may be forfeited to the government;

(e) a statement that a person who wishes to oppose forfeiture of the subject property must submit a written notice of dispute to the director at an address set out in the notice by a deadline specified in the notice;

(f) the deadline for submitting a notice of dispute with the director, which must be at least 30 days after the later of

(i) the date that notice of administrative forfeiture proceedings was received or deemed to have been received by all persons required to be given notice under subsection 17.3(1), and

(ii) the date public notice of administrative forfeiture proceedings was first given under this section.

S.M. 2012, c. 13, s. 17.

Agency to maintain possession of subject property

17.5(1)

Subject to subsection (2), when a law enforcement agency receives a notice of administrative forfeiture from the director under clause 17.3(1)(b), it must maintain the subject property and ensure that the property is not released to any person, despite any other claim, interest or right of possession in the property, until it receives

(a) a notice from the director under subsection 17.7(2) indicating that administrative forfeiture proceedings against the subject property have been discontinued;

(b) a notice of forfeiture from the director under subsection 17.8(4) that confirms that the subject property has been forfeited to the government; or

(c) notice of an order made under Part 2 in relation to the subject property that forfeits the property to the government or otherwise deals with the possession of the property.

Exception

17.5(2)

A law enforcement agency may take any action in relation to the subject property if it has received prior authorization from the director.

S.M. 2012, c. 13, s. 17.

Disputing administrative forfeiture

17.6(1)

A person who claims to have an interest in the subject property may oppose forfeiture of the property by submitting a written notice of dispute to the director in accordance with this section.

Notice of dispute requirements

17.6(2)

The notice of dispute must include a signed declaration made on oath before a person authorized to administer affidavits and statutory declarations under The Manitoba Evidence Act that includes the following:

(a) the name of the person claiming an interest in the subject property;

(b) particulars of the person's interest in the subject property;

(c) the basis on which the person disputes forfeiture of the subject property;

(d) the address for service of the person opposing forfeiture of the subject property.

Corporation and partnership requirements

17.6(3)

If a corporation or partnership submits a notice of dispute, the declaration under subsection (2) must be made by a person who is authorized to do so by the corporation or partnership.

Deadline

17.6(4)

The notice of dispute must be received by the director on or before the deadline date.

S.M. 2012, c. 13, s. 17.

Director's response to notice of dispute

17.7(1)

If the director receives a notice of dispute on or before the deadline date, he or she must, within 60 days after the deadline date,

(a) commence forfeiture proceedings against the subject property under Part 2; or

(b) discontinue administrative forfeiture proceedings against the subject property.

Notice of decision

17.7(2)

The director must give notice of his or her decision in accordance with subsection 17.3(3) to each person who received notice of the administrative forfeiture proceedings under subsection 17.3(1) and to each person who submitted the notice of dispute.

Discharge of notice

17.7(3)

If the decision is made to discontinue administrative forfeiture proceedings, the director must apply as soon as possible to discharge the notice filed against the subject property under subsection 17.2(3).

S.M. 2012, c. 13, s. 17.

Forfeiture

17.8(1)

If the director does not receive a notice of dispute by the deadline date, the subject property is forfeited to the government.

Date of forfeiture

17.8(2)

The subject property is forfeited

(a) as of the date the notice of proceedings was filed against the property under subsection 2.2(1), unless the notice has been discharged; or

(b) as of the date the notice of administrative forfeiture proceedings was filed against the property under subsection 17.2(3), in all other cases.

Forfeiture notice

17.8(3)

When the subject property has been forfeited under this Part, the director must prepare a notice of forfeiture, in a form approved by the minister, that confirms that the property has been forfeited to the government.

Notice to law enforcement agency

17.8(4)

The director must give a copy of the notice of forfeiture to the law enforcement agency that seized the subject property.

Delivering subject property

17.8(5)

When a law enforcement agency has received a notice of forfeiture, it must deliver the subject property to the asset manager.

S.M. 2012, c. 13, s. 17; S.M. 2021, c. 50, s. 11.

Action for losses from administrative forfeiture

17.9(1)

A person who claims to have an interest in subject property that was forfeited under this Part but who failed to submit a notice of dispute in accordance with section 17.6 may commence an action in court against the government for losses arising from the forfeiture in accordance with this section.

Onus on plaintiff

17.9(2)

The plaintiff in an action commenced under this section must establish

(a) the nature of his or her interest in the subject property;

(b) that his or her failure to submit a notice of dispute in accordance with section 17.6 was not wilful or deliberate; and

(c) that he or she commenced an action under this section as soon as reasonably possible after learning of the forfeiture of the subject property.

Defence

17.9(3)

Subject to subsections (4) to (6), it is a defence to an action under this section if the government establishes that

(a) the subject property was proceeds of unlawful activity; or

(b) the subject property was an instrument of unlawful activity.

Exception — proceeds of unlawful activity

17.9(4)

A defence under clause (3)(a) fails if the plaintiff proves that

(a) he or she

(i) acquired the subject property or an interest in it before a notice of proceedings was filed against the property under subsection 2.2(1) or 17.2(3), and

(ii) did not, directly or indirectly, acquire the subject property or an interest in it as a result of unlawful activity; and

(b) he or she

(i) co-owns the subject property with another person whose unlawful activity led to the finding that the property is proceeds of unlawful activity, but did not know and could not reasonably have known that his or her co-owner's interest in the property was acquired as a result of unlawful activity,

(ii) owned or had an interest in the subject property before the unlawful activity occurred, and was deprived of the property or the benefit of his or her interest as a result of the unlawful activity,

(iii) acquired the subject property or an interest in it for fair market value after the unlawful activity occurred, and did not know and could not reasonably have known at the time of the acquisition that the property was proceeds of unlawful activity, or

(iv) acquired the subject property or an interest in it from a person described in subclause (i), (ii) or (iii).

Exception — instrument of unlawful activity

17.9(5)

A defence under clause (3)(b) fails if the plaintiff proves that he or she

(a) acquired the subject property or an interest in it before a notice of proceedings was filed against the property under subsection 2.2(1) or 17.2(3); and

(b) having regard to subsection 17(3), did all that he or she could reasonably have done in the circumstances to prevent the subject property from being used to engage in unlawful activity.

Exception

17.9(6)

A defence under subsection (3) fails if the court is satisfied that forfeiture of the subject property was clearly not in the interests of justice.

Order

17.9(7)

If an action under this section is successful, the court must order the government to pay to the plaintiff the lesser of the following:

(a) the value of the plaintiff's interest in the subject property at the time it was forfeited;

(b) the liquidated value of the subject property that was realized on the forfeiture or disposition of the property.

Payment

17.9(8)

The amount ordered to be paid under subsection (7) is to be paid from the criminal property forfeiture fund.

Limitation period

17.9(9)

An action under this section may not be commenced more than two years after the expiry of the deadline date for submitting a notice of dispute in relation to the subject property.

No other proceedings re administrative forfeiture

17.9(10)

Other than an amount ordered to be paid as the result of an action commenced under this section, no other compensation is payable to any person by the government, the director, a law enforcement agency or any other person acting under the authority of this Act and no other proceedings may be commenced seeking compensation as the result of the forfeiture of property under this Part.

S.M. 2012, c. 13, s. 17; S.M. 2021, c. 50, s. 12.

PART 4

CONDUCT OF PROCEEDINGS AND PRESUMPTIONS

CONDUCT OF PROCEEDINGS

Application of Queen's Bench Rules

17.10(1)

Except as otherwise provided in this Act, the Queen's Bench Rules apply to all proceedings under this Act.

Director may refuse to disclose certain information

17.10(2)

The director may refuse to disclose anything in an examination for discovery or an affidavit of documents, or at any step in a proceeding under this Act, including at the hearing, if, in his or her opinion, the disclosure may

(a) reveal the identity of a confidential informant, or otherwise jeopardize the safety of a person; or

(b) negatively affect

(i) an ongoing investigation or operation conducted by a law enforcement agency, or

(ii) the utility of investigative or intelligence-gathering techniques used by a law enforcement agency.

S.M. 2012, c. 13, s. 17.

Order delaying proceedings

17.11(1)

On motion, the court may order that any step in a proceeding under this Act be delayed in order to permit a prosecution of an offence to be completed, if it is satisfied that

(a) the order is necessary to protect the victim of the unlawful activity in question; and

(b) the order is in the interests of justice.

Terms or conditions

17.11(2)

The court may impose any terms or conditions on an order made under this section that it considers appropriate.

S.M. 2012, c. 13, s. 17.

Standard of proof

17.12

Except as otherwise provided in this Act, a finding of fact or the discharge of a presumption in any proceeding under this Act is to be made on a balance of probabilities.

S.M. 2012, c. 13, s. 17.

Proof of offences

17.13

In a proceeding under this Act,

(a) proof that a person

(i) was convicted,

(ii) was found guilty, or

(iii) was found not criminally responsible on account of mental disorder,

in respect of an offence is proof that the person committed the offence; and

(b) evidence that a person was charged with and acquitted of an offence under the Criminal Code (Canada), or that such a charge was withdrawn or stayed, is not relevant in making a finding of fact.

S.M. 2012, c. 13, s. 17.

Failure to seek forfeiture in sentencing does not prevent forfeiture

17.14

The fact that forfeiture of property was not sought in any sentencing process does not prevent the director from seeking forfeiture of the property under this Act.

S.M. 2012, c. 13, s. 17.

PRESUMPTIONS — PROCEEDS OF UNLAWFUL ACTIVITY

Presumption re proceeds of unlawful activity

17.15(1)

In a proceeding under this Act in which property is alleged to be proceeds of unlawful activity, if a person

(a) participated in unlawful activity that resulted in, or is likely to have resulted in, the person receiving a financial benefit; and

(b) subsequently did one or more of the following:

(i) acquired property that is the subject of the proceeding,

(ii) caused an increase in the value of property that is the subject of the proceeding,

(iii) caused a decrease in a debt obligation secured against property that is the subject of the proceeding;

there is a rebuttable presumption that the property is proceeds of unlawful activity.

No direct link to specific unlawful act needed

17.15(2)

In a proceeding under this Act in which property is alleged to be proceeds of unlawful activity, the court

(a) is not required to be satisfied that the property was acquired in connection with a specific unlawful act; or

(b) is not required to be satisfied that an increase in the value of the property or a decrease in a debt obligation secured against the property arose as the result of a specific unlawful act.

Presumption for members of criminal organization

17.15(3)

In a proceeding under this Act in which property is alleged to be proceeds of unlawful activity, there is a rebuttable presumption that the property owned or possessed by any of the following is proceeds of unlawful activity:

(a) a member of a criminal organization;

(b) a corporation, if a member of a criminal organization is one of its officers or directors or has a significant ownership interest in it;

(c) a person to whom it was transferred for consideration that was significantly less than the fair market value at the time of transfer, if the transferor was a person or corporation described in clause (a) or (b).

Presumption re criminal organization offence

17.15(4)

In a proceeding under this Act, there is a rebuttable presumption that a person is a member of a criminal organization if he or she has been found guilty or convicted of a criminal organization offence as defined in section 2 of the Criminal Code (Canada).

Presumption re cash

17.15(5)

In a proceeding under this Act in which property is alleged to be proceeds of unlawful activity, there is a rebuttable presumption that the property is proceeds of unlawful activity in the following circumstances:

(a) if the property is cash or negotiable instruments, the property is found in close proximity to a controlled substance as defined in the Controlled Drugs and Substances Act (Canada);

(b) if the property is cash, the cash is not bundled or packaged in a manner consistent with standard banking practices.

S.M. 2012, c. 13, s. 17; S.M. 2021, c. 50, s. 15.

PRESUMPTIONS — INSTRUMENT OF UNLAWFUL ACTIVITY

Presumption re community safety order

17.16

In a proceeding under this Act in which property is alleged to be an instrument of unlawful activity, there is a rebuttable presumption that the property was used to engage in unlawful activity if a community safety order under The Safer Communities and Neighbourhoods Act had previously been made in respect of the property.

S.M. 2012, c. 13, s. 17.

Presumption re conveyances

17.17(1)

In a proceeding under this Act in which a conveyance is alleged to be an instrument of unlawful activity, there is a rebuttable presumption that the conveyance is an instrument of unlawful activity if any of the following are found inside or attached to the conveyance:

(a) a restricted firearm or a prohibited firearm, as defined in subsection 84(1) of the Criminal Code (Canada);

(b) a controlled substance, as defined in the Controlled Drugs and Substances Act (Canada), in circumstances or in a quantity consistent with trafficking in the controlled substance;

(c) an after-market compartment;

(d) equipment, devices or other things related to trafficking in a controlled substance, including prescribed equipment, devices or things.

Presumption re refusing to stop conveyance

17.17(2)

In a proceeding under this Act in which it is alleged that a conveyance is an instrument of unlawful activity, there is a rebuttable presumption that a conveyance is an instrument of unlawful activity if

(a) the driver

(i) failed to safely stop the conveyance within a reasonable period of time after being signalled to stop by a peace officer, or

(ii) used the conveyance to flee from a peace officer; and

(b) the driver's use of the conveyance could have resulted in serious bodily harm to a person.

Definitions re conveyances

17.17(3)

The following definitions apply in this section.

"after-market compartment" means a compartment in a conveyance which

(a) is not part of the manufacturer's design of, or equipment for, the conveyance; and

(b) is incorporated into the equipment or structure of the conveyance after it has left the factory in which it was manufactured;

but does not include a storage compartment or safe that is

(c) designed by its manufacturer for after-market installation in a conveyance;

(d) sold to the general public by retail vendors of automotive or security equipment; and

(e) attached to the conveyance as designed by the manufacturer and in accordance with the manufacturer's instructions, if any. (« compartiment présumé illicite »)

"conveyance" includes

(a) a motor vehicle or trailer as defined in subsection 1(1) of The Highway Traffic Act;

(b) an off-road vehicle as defined in The Off-Road Vehicles Act;

(c) a vessel as defined in the Canada Shipping Act, 2001 (Canada); and

(d) an aircraft. (« moyen de transport »)

"trafficking" has the same meaning as in the Controlled Drugs and Substances Act (Canada). (« trafic »)

S.M. 2021, c. 50, s. 17.

PRESUMPTIONS — NON-COMPLIANCE WITH ORDER

Presumption re preliminary disclosure order

17.18

In a proceeding under this Act in which property is alleged to be proceeds of unlawful activity or an instrument of unlawful activity, there is a rebuttable presumption that property that is subject to a preliminary disclosure order is proceeds of unlawful activity or an instrument of unlawful activity if the respondent does not provide all of the information and documents required to be provided under the preliminary disclosure order within the time specified in the order or any extension of time allowed by the court.

S.M. 2021, c. 50, s. 17.

PART 5

CRIMINAL PROPERTY FORFEITURE FUND AND ADMINISTRATIVE MATTERS

Criminal property forfeiture fund established

18(1)

The criminal property forfeiture fund is hereby established.

Control and supervision of fund

18(2)

The fund is under the control and supervision of the minister, and is to be deposited with the Minister of Finance and held in trust for the purposes of this Act in a separate account in the Consolidated Fund.

Investment of excess money

18(3)

If the balance to the credit of the fund is more than the amount that is required for the immediate purposes of this Act, the Minister of Finance may invest the excess. All earnings from the investment must be credited to the fund.

S.M. 2008, c. 16, s. 15.

Payments into criminal property forfeiture fund

18.1

The asset manager must deposit all cash forfeited under this Act and all proceeds generated by the management, sale or other disposition of property referred to in subsections 19.7(2) and (3) into the criminal property forfeiture fund.

S.M. 2008, c. 16, s. 16; S.M. 2012, c. 13, s. 19.

Payments from fund

19(1)

Subject to the terms of a court order, payments from the criminal property forfeiture fund are to be made in accordance with this section.

Requisitions for payments

19(2)

Payments from the fund are to be made by the Minister of Finance on the requisition of the director.

Payments re property under Part 2

19(3)

Money paid into the fund from the forfeiture or management of property that was the subject of proceedings under Part 2 is to be paid out first

(a) to reimburse the director for costs and expenses incurred in the proceedings; and

(b) to reimburse the asset manager for costs and expenses incurred in managing, selling or otherwise disposing of the property in question.

Payments re property under Part 3

19(3.1)

Money paid into the fund from the forfeiture or management of property that was forfeited as the result of administrative forfeiture proceedings under Part 3 is to be paid out first to defray the costs of operating the administrative forfeiture program, by way of payment of a prescribed percentage of the value of the forfeited property.

Payments re other property

19(3.2)

Money paid into the fund as the result of the forfeiture or management of property referred to in subsection 19.7(3) is to be paid out first to reimburse the asset manager for costs and expenses incurred in managing, selling or otherwise disposing of the property in question.

Distributing remainder of fund

19(4)

If any proceeds from the forfeiture or management of property remain in the fund after payments have been made under subsection (3), (3.1) or (3.2), the remaining money is to be paid out of the fund for one or more of the following purposes:

(a) to compensate victims of the unlawful activity that led to the forfeiture of the property, in accordance with section 19.1;

(b) to remedy the effect of the unlawful activity that led to the forfeiture of the property;

(c) to promote safer communities through payments, at the direction of the director, to programs operated by law enforcement agencies that are intended to enhance the practices and training of law enforcement agencies or reduce or prevent crime;

(c.1) to support programs and services that benefit victims of crime;

(d) to promote safer communities through payments, at the direction of the director, to benefit programs or activities designated in the regulations for this purpose.

S.M. 2004, c. 50, s. 18; S.M. 2008, c. 16, s. 17; S.M. 2012, c. 13, s. 20; S.M. 2013, c. 55, s. 5; S.M. 2020, c. 21, s. 179.

Victims eligible for compensation

19.1(1)

A person may receive compensation from the criminal property forfeiture fund if the person

(a) suffered a pecuniary or non-pecuniary loss as a direct result of unlawful activity that led to the forfeiture of the property; and

(b) did not engage, directly or indirectly, in the commission of the unlawful activity.

Applying for compensation

19.1(2)

An application for compensation must be made in writing to the director in accordance with the regulations.

Amount of compensation

19.1(3)

The amount of compensation payable to an eligible victim is to be calculated or determined in accordance with the regulations.

Additional provisions re payment

19.1(4)

The compensation payable to an eligible victim may

(a) be paid in one or more instalments; and

(b) be subject to such terms or conditions that the director considers appropriate.

S.M. 2008, c. 16, s. 18; S.M. 2012, c. 13, s. 21; S.M. 2013, c. 54, s. 22.

Director's powers and responsibilities

19.2(1)

The director is responsible for

(a) determining whether to commence proceedings under this Act;

(b) commencing and conducting proceedings under this Act; and

(c) requisitioning payments from the criminal property forfeiture fund.

Delegation of director's powers

19.2(2)

The director may delegate any power or responsibility he or she has under this Act to any person on his or her staff.

S.M. 2008, c. 16, s. 18.

Director may collect information

19.3(1)

The director is authorized to collect information, including personal information, from a public body or other source for the following purposes:

(a) to determine whether proceedings should be commenced under this Act;

(b) to conduct proceedings under this Act;

(c) to identify victims of unlawful activity, in order to enable those victims to apply for compensation under section 19.1;

(d) to enforce or comply with an order made under this Act.

Public body authorized to give information

19.3(2)

A public body

(a) is authorized to disclose information, including personal information, to the director for a purpose set out in subsection (1); and

(b) must provide the director with information, including personal information, requested by the director for a purpose set out in subsection (1).

Protected information

19.3(3)

Despite subsection (2), a public body is not required to disclose to the director information that is subject to solicitor-client privilege or protected by evidentiary rules regarding informer identity.

Director may request information from financial institution

19.3(3.1)

If the director has reasonable grounds to suspect that property is proceeds of unlawful activity or an instrument of unlawful activity and that the owner of the property has dealt with a financial institution, the director may, in writing, request that the financial institution provide information, including personal information, about one or more of the following:

(a) the property;

(b) the owner's account or accounts with the financial institution;

(c) the owner's dealings with the financial institution;

(d) any other person's interest in

(i) the property, and

(ii) the owner's account or accounts with the financial institution.

Financial institution must comply

19.3(3.2)

A financial institution must comply with a request made under subsection (3.1) within the time period specified in the request.

No disclosure of director's request

19.3(3.3)

A person from whom information is requested under this section must not disclose to any person that the director has requested information.

Privilege

19.3(4)

Any information provided to the director under this Act is privileged in the same manner as if it were provided in a proceeding in a court.

Definitions

19.3(5)

The following definitions apply in this section.

"financial institution" includes

(a) a bank;

(b) a credit union;

(c) the issuer of a credit card;

(d) an investment fund manager, a trust company and a loan company, as those terms are defined in The Securities Act; and

(e) a payday lender as defined in section 137 of The Consumer Protection Act. (« institution financière »)

"personal information" means personal information as defined in The Freedom of Information and Protection of Privacy Act. (« renseignements personnels »)

"public body" means a public body as defined in The Freedom of Information and Protection of Privacy Act. (« organisme public »)

S.M. 2008, c. 16, s. 18; S.M. 2012, c. 13, s. 23; S.M. 2021, c. 50, s. 18.

Authorized disclosure

19.4

The director may disclose information obtained under section 19.3

(a) in order to exercise any power or duty under this Act;

(b) for a purpose for which the information could be collected under that subsection; and

(c) to a person pursuant to an agreement entered into under section 19.5.

S.M. 2008, c. 16, s. 18; S.M. 2021, c. 50, s. 19.

Reciprocal information exchange agreements

19.5

The director may disclose information obtained under this Act to a person employed by the Government of Canada, or the government of another province, territory, country or state, who is assigned duties and responsibilities under an Act that allows for the civil forfeiture of proceeds of unlawful activity or instruments of unlawful activity, but only if

(a) the minister has entered into an agreement with that government for the reciprocal exchange of information relating to the civil forfeiture of such property; and

(b) the minister is satisfied that the information will be used only for purposes related to the civil forfeiture of property in that jurisdiction.

S.M. 2008, c. 16, s. 18.

Agreement with law enforcement agencies

19.6

The minister may enter into an agreement with a law enforcement agency to enable the agency to provide information to the director that will assist the director in exercising or performing his or her powers and duties under this Act.

S.M. 2008, c. 16, s. 18.

Director may request information from interest holder

19.6.1(1)

The director may request information from a registered interest holder about the registered interest the holder has in a specific property for a purpose set out in clause 19.3(1)(a) or (b).

Interest holder must comply

19.6.1(2)

The registered interest holder must comply with a request made under subsection (1) within the time period specified in the request.

Definitions

19.6.1(3)

The following definitions apply in this section.

"registered interest" means

(a) with respect to real property, an interest, lien or judgment that was filed or registered against the property in accordance with The Real Property Act or The Registry Act; and

(b) with respect to personal property, a security interest, lien, charge or other interest in respect of which a financing statement was registered against the property in the personal property registry in accordance with The Personal Property Security Act. (« intérêt enregistré »)

"registered interest holder" means a person who has a registered interest in a property. (« titulaire d'un intérêt enregistré »)

S.M. 2012, c. 13, s. 24; S.M. 2021, c. 50, s. 20.

Asset manager

19.7(1)

The minister must designate a person employed by the government under The Civil Service Act as the asset manager.

Responsibilities of asset manager

19.7(2)

The asset manager is responsible for taking possession of and managing

(a) property forfeited under this Act; and

(b) property that is the subject of a preliminary preservation order or an interim order under section 7 in which the court assigns duties to the asset manager.

Asset manager may manage other property

19.7(3)

The asset manager may take possession of and manage

(a) property that is the subject of a management order under section 83.13, 462.331 or 490.81 of the Criminal Code (Canada);

(b) property that is the subject of a management order under section 14.1 of the Controlled Drugs and Substances Act (Canada);

(c) property forfeited to the government under section 83.14, 199, 462.37, 462.38, 462.43, 490, 490.01, 490.1, 490.2 or 491.1 of the Criminal Code (Canada);

(d) property forfeited to the government under a prescribed provision of the Criminal Code (Canada) or a prescribed provision of another federal Act; and

(e) property forfeited to the government under a prescribed provincial Act.

Additional duties

19.7(4)

The asset manager must perform any additional duties assigned by the minister.

S.M. 2008, c. 16, s. 18; S.M. 2012, c. 13, s. 25; S.M. 2021, c. 50, s. 21.

Managing forfeited property

19.8(1)

Subject to the terms of a court order, the asset manager may manage, sell or otherwise dispose of or deal with forfeited property in the manner that he or she considers proper.

Examples of asset manager's powers

19.8(2)

Without limiting the generality of subsection (1), the asset manager may

(a) preserve or manage forfeited property for the length of time and on the terms that he or she considers proper;

(b) do anything that he or she considers proper for the ongoing management or operation of forfeited property before it is sold or otherwise disposed of, including making improvements to the property to maintain or increase its value;

(c) sell, assign or otherwise dispose of the forfeited property, or any interest in the property, at the price and on the terms that he or she considers proper; or

(d) donate or destroy the forfeited property, if

(i) the property is perishable, rapidly depreciating or requires so much repair or improvement that a sale is not commercially viable,

(ii) the property has little or no commercial value, or

(iii) the donation or destruction of the property is in the public interest.

S.M. 2008, c. 16, s. 18; S.M. 2012, c. 13, s. 26.

Managing property subject to orders

19.9

When the asset manager is assigned duties by the court in relation to property that is the subject of a preliminary preservation order or an interim order under section 7 or takes possession of property that is the subject of an order referred to in subsection 19.7(3), the asset manager must manage the property in accordance with the requirements of the order.

S.M. 2008, c. 16, s. 18; S.M. 2012, c. 13, s. 27; S.M. 2021, c. 50, s. 22.

Annual report to minister

19.10(1)

As soon as practicable after March 31 of each year, the director and the asset manager must jointly prepare and submit to the minister an annual report, for the 12-month period ending March 31, that includes the following:

(a) the number of forfeiture orders made within that period and the number of administrative forfeiture proceedings under Part 3 that resulted in the forfeiture of property within that period;

(b) the total amount realized within that period from the disposition of property forfeited under this Act;

(b.1) the total amount realized from the management and disposition of property referred to in subsection 19.7(3);

(c) a statement respecting the operation of the criminal property forfeiture fund for that period that includes, without limitation, the following information:

(i) the total amount paid under subsections 19(3), (3.1) and (3.2),

(ii) the total amount paid to compensate victims of unlawful activity or to remedy the effect of unlawful activity, as permitted under clauses 19(4)(a) and (b),

(iii) the total amount paid to support programs operated by law enforcement agencies, as permitted under clause 19(4)(c),

(iv) the amounts paid to support programs or activities under clause 19(4)(d), showing the total amount paid for each program or activity;

(d) any other information requested by the minister.

Report to be included in department's annual report

19.10(2)

The minister must include the report under subsection (1) in the annual report of his or her department.

S.M. 2008, c. 16, s. 18; S.M. 2012, c. 13, s. 28; S.M. 2013, c. 55, s. 6.

PART 6

MISCELLANEOUS PROVISIONS

Assistance of peace officer

20

When requested by the director, a peace officer must provide any assistance necessary to enforce an order made under this Act.

S.M. 2012, c. 13, s. 30.

Where possession unlawful

21

In any proceeding under this Act, a person cannot claim to have an interest in property if it would be an offence under the law of Canada or Manitoba for the person to possess the property.

S.M. 2012, c. 13, s. 31.

No limitation period

22

There is no limitation period to commence proceedings under Part 2 or administrative forfeiture proceedings under Part 3.

S.M. 2012, c. 13, s. 32.

Escheats Act does not apply

22.1

The Escheats Act does not apply to property forfeited under this Act.

S.M. 2008, c. 16, s. 19.

Director not compellable as witness

22.2

Except in a proceeding under this Act, the director, and any person acting for or under the direction of the director, cannot be compelled, in court or in any other proceeding,

(a) to give evidence about information obtained by or on behalf of the director for the purposes of this Act; or

(b) to produce any document or other thing obtained by or on behalf of the director for the purposes of this Act.

S.M. 2008, c. 16, s. 19; S.M. 2012, c. 13, s. 33.

Protection from liability

23(1)

No action or proceeding may be brought against the director, the asset manager or any other person acting under the authority of this Act for anything done, or not done, or for any neglect,

(a) in the performance or intended performance of a duty under this Act; or

(b) in the exercise or intended exercise of a power under this Act;

unless the person was acting in bad faith.

Exception

23(2)

Subsection (1) does not operate to prohibit an action commenced under section 17.9.

S.M. 2008, c. 16, s. 20; S.M. 2012, c. 13, s. 34.

Offences

23.1(1)

A person commits an offence who

(a) in response to a preliminary disclosure order, makes a statement that the person knows to be false or misleading;

(b) knowingly provides false or misleading information to the director;

(c) does not comply with a request made under subsection 19.3(3.1) or 19.6.1(2) within the time period specified in the request; or

(d) contravenes subsection 19.3(3.3) (no disclosure of director's request).

Directors and officers of corporations

23.1(2)

If a corporation commits an offence under this Act, a director or officer of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of an offence.

Penalty

23.1(3)

A person who commits an offence under this Act is liable on conviction,

(a) in the case of an individual, to a fine of not more than $10,000, or to imprisonment for a term of not more than six months, or both; and

(b) in the case of a corporation, to a fine of not more than $25,000.

S.M. 2021, c. 50, s. 23.

Regulations

24

The Lieutenant Governor in Council may make regulations

(a) prescribing the form and content of notices filed under subsection 2.2(1), section 6 or subsection 17.2(3);

(b) prescribing classes of holders for the purpose of subclause 16(1)(a)(iv);

(c) prescribing interests for the purpose of subclause 16(1)(b)(iii);

(c.1) prescribing programs or activities for which payments may be made from the criminal property forfeiture fund;

(c.2) respecting payments from the criminal property forfeiture fund, including

(i) prescribing the circumstances in which payments may be made, and

(ii) establishing the procedure for determining when payments for one or more of the purposes set out in subsection 19(4) may be made;

(c.3) respecting compensation payable to eligible victims of unlawful activities under section 19.1, including

(i) prescribing the content or form of applications for compensation and the information to be provided in support of an application,

(ii) respecting the designation of persons or bodies to act as adjudicators of claims for compensation,

(iii) respecting the process of adjudicating an application and the factors to be considered in determining whether a payment is to be made to an eligible victim, and if so, the amount, and

(iv) prescribing the circumstances in which

(A) no payment is to be made to an eligible victim or a category of eligible victims,

(B) payments are to be prorated among eligible victims or a class of eligible victims, and

(C) an amount is required to be deducted or set off from a payment to an eligible victim;

(d) [repealed] S.M. 2012, c. 13, s. 35;

(e) [repealed] S.M. 2008, c. 16, s. 21;

(f) respecting the costs and expenses for which the director and asset manager may be reimbursed for under subsections 19(3) and (3.2), including the manner in which those costs and expenses are to be calculated;

(f.1) prescribing anything referred to in this Act as being prescribed;

(g) [repealed] S.M. 2008, c. 16, s. 21;

(h) respecting any other matter necessary or advisable to carry out the purposes of this Act.

S.M. 2008, c. 16, s. 21; S.M. 2012, c. 13, s. 35; S.M. 2013, c. 55, s. 7; S.M. 2021, c. 50, s. 24.

25

NOTE: This section contained consequential amendments to The Victims' Bill of Rights that are now included in that Act.

C.C.S.M. reference

26

This Act may be referred to as chapter C306 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

27

This Act comes into force on a day to be fixed by proclamation.

NOTE: S.M. 2004, c. 1 came into force by proclamation on December 11, 2004.