Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Definition of “order”

• 462.371 (1) In this section, “order” means an order made under section 462.37 or 462.38.

• Marginal note:Execution

  (2) An order may be executed anywhere in Canada.

• Marginal note:Filing of order from another province

  (3) Where the Attorney General of a province in which property that is the subject of an order made in another province is situated receives a certified copy of the order and files it with the superior court of criminal jurisdiction of the province in which the property is situated, the order shall be entered as a judgment of that court.

• Marginal note:Attorney General of Canada

  (4) Where the Attorney General of Canada receives a certified copy of an order made in a province in respect of property situated in another province and files the order with the superior court of criminal jurisdiction of the province in which the property is situated, the order shall be entered as a judgment of that court.

• Marginal note:Effect of registered order

  (5) An order has, from the date it is filed in a court of a province under subsection (3) or (4), the same effect as if it had been an order originally made by that court.

• Marginal note:Notice

  (6) Where an order has been filed in a court under subsection (3) or (4), it shall not be executed before notice in accordance with subsection 462.41(2) is given to every person who, in the opinion of the court, appears to have a valid interest in the property.

• Marginal note:Application of section 462.42

  (7) Section 462.42 applies, with such modifications as the circumstances require, in respect of a person who claims an interest in property that is the subject of an order filed under subsection (3) or (4).

• Marginal note:Application under section 462.42 to be made in one province

  (8) No person may make an application under section 462.42 in relation to property that is the subject of an order filed under subsection (3) or (4) if that person has previously made an application in respect of the same property in another province.

• Marginal note:Finding in one court binding

  (9) The finding by a court of a province in relation to property that is the subject of an order filed under subsection (3) or (4) as to whether or not an applicant referred to in subsection 462.42(4) is affected by the forfeiture referred to in that subsection or declaring the nature and extent of the interest of the applicant under that subsection is binding on the superior court of criminal jurisdiction of the province where the order is entered as a judgment.

Marginal note:Application for forfeiture

• 462.38 (1) Where an information has been laid in respect of a designated offence, the Attorney General may make an application to a judge for an order of forfeiture under subsection (2) in respect of any property.

• Marginal note:Order of forfeiture of property

  (2) Subject to sections 462.39 to 462.41, where an application is made to a judge under subsection (1), the judge shall, if the judge is satisfied that

  • (a) any property is, beyond a reasonable doubt, proceeds of crime,

  • (b) proceedings in respect of a designated offence committed in relation to that property were commenced, and

  • (c) the accused charged with the offence referred to in paragraph (b) has died or absconded,

  order that the property be forfeited to Her Majesty to be disposed of as the Attorney General directs or otherwise dealt with in accordance with the law.

• Marginal note:Property outside Canada

  (2.1) An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.

• Marginal note:Person deemed absconded

  (3) For the purposes of this section, a person shall be deemed to have absconded in connection with a designated offence if

  • (a) an information has been laid alleging the commission of the offence by the person,

  • (b) a warrant for the arrest of the person or a summons in respect of an organization has been issued in relation to that information, and

  • (c) reasonable attempts to arrest the person pursuant to the warrant or to serve the summons have been unsuccessful during the period of six months commencing on the day the warrant or summons was issued, or, in the case of a person who is not or never was in Canada, the person cannot be brought within that period to the jurisdiction in which the warrant or summons was issued,

  and the person shall be deemed to have so absconded on the last day of that period of six months.