Marginal note:Sections 489.1 and 490 applicable
490.9 (1) Subject to sections 490.1 to 490.7, sections 489.1 and 490 apply, with any modifications that the circumstances require, to any offence-related property that is the subject of a restraint order made under section 490.8.
(2) Where, pursuant to subsection (1), an order is made under paragraph 490(9)(c) for the return of any offence-related property that is the subject of a restraint order under section 490.8, the judge or justice making the order may require the applicant for the order to enter into a recognizance before the judge or justice, with or without sureties, in any amount and with any conditions that the judge or justice directs and, where the judge or justice considers it appropriate, require the applicant to deposit with the judge or justice any sum of money or other valuable security that the judge or justice directs.
- 1997, c. 23, s. 15.
Marginal note:Forfeiture of weapons and ammunition
491. (1) Subject to subsection (2), where it is determined by a court that
(a) a weapon, an imitation firearm, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance was used in the commission of an offence and that thing has been seized and detained, or
(b) that a person has committed an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance and any such thing has been seized and detained,
the thing so seized and detained is forfeited to Her Majesty and shall be disposed of as the Attorney General directs.
Marginal note:Return to lawful owner
(2) If the court by which a determination referred to in subsection (1) is made is satisfied that the lawful owner of any thing that is or may be forfeited to Her Majesty under subsection (1) was not a party to the offence and had no reasonable grounds to believe that the thing would or might be used in the commission of an offence, the court shall order that the thing be returned to that lawful owner, that the proceeds of any sale of the thing be paid to that lawful owner or, if the thing was destroyed, that an amount equal to the value of the thing be paid to the owner.
Marginal note:Application of proceeds
(3) Where any thing in respect of which this section applies is sold, the proceeds of the sale shall be paid to the Attorney General or, where an order is made under subsection (2), to the person who was, immediately prior to the sale, the lawful owner of the thing.
- R.S., 1985, c. C-46, s. 491;
- 1991, c. 40, s. 30;
- 1995, c. 39, s. 152.
Marginal note:Order for restitution or forfeiture of property obtained by crime
491.1 (1) Where an accused or defendant is tried for an offence and the court determines that an offence has been committed, whether or not the accused has been convicted or discharged under section 730 of the offence, and at the time of the trial any property obtained by the commission of the offence
(a) is before the court or has been detained so that it can be immediately dealt with, and
(b) will not be required as evidence in any other proceedings,
section 490 does not apply in respect of the property and the court shall make an order under subsection (2) in respect of the property.
(2) In the circumstances referred to in subsection (1), the court shall order, in respect of any property,
(a) if the lawful owner or person lawfully entitled to possession of the property is known, that it be returned to that person; and
(b) if the lawful owner or person lawfully entitled to possession of the property is not known, that it 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:When certain orders not to be made
(3) An order shall not be made under subsection (2)
(a) in the case of proceedings against a trustee, banker, merchant, attorney, factor, broker or other agent entrusted with the possession of goods or documents of title to goods, for an offence under section 330, 331, 332 or 336; or
(b) in respect of
(i) property to which a person acting in good faith and without notice has acquired lawful title for valuable consideration,
(ii) a valuable security that has been paid or discharged in good faith by a person who was liable to pay or discharge it,
(iii) a negotiable instrument that has, in good faith, been taken or received by transfer or delivery for valuable consideration by a person who had no notice and no reasonable cause to suspect that an offence had been committed, or
(iv) property in respect of which there is a dispute as to ownership or right of possession by claimants other than the accused or defendant.
Marginal note:By whom order executed
(4) An order made under this section shall, on the direction of the court, be executed by the peace officers by whom the process of the court is ordinarily executed.
- R.S., 1985, c. 27 (1st Supp.), s. 74, c. 1 (4th Supp.), s. 18(F);
- 1995, c. 22, s. 18.
- Date modified: