FUNCTIONS OF THE MINISTER
Marginal note:Functions of Minister
7. (1) The Minister is responsible for the implementation of every agreement and the administration of this Act.
Marginal note:Agreement and Act to apply
(2) When a request is presented to the Minister by a state or entity or a Canadian competent authority, the Minister shall deal with the request in accordance with the relevant agreement and this Act.
- R.S., 1985, c. 30 (4th Supp.), s. 7;
- 1999, c. 18, s. 101.
FOREIGN INVESTIGATIONS OR OTHER PROCEEDINGS IN RESPECT OF OFFENCES
Marginal note:Limitation — requests under agreements
8. (1) If a request for mutual legal assistance is made under an agreement, the Minister may not give effect to the request by means of the provisions of this Part unless the agreement provides for mutual legal assistance with respect to the subject-matter of the request.
Marginal note:Request by state or entity in schedule
(2) If a request for mutual legal assistance is made by a state or entity whose name appears in the schedule, the Minister may give effect by means of the provisions of this Part to a request with respect to any subject-matter.
- R.S., 1985, c. 30 (4th Supp.), s. 8;
- 1999, c. 18, s. 101.
Marginal note:Standing and jurisdiction
9. (1) When the Minister approves a request of a state or entity to enforce the payment of a fine imposed in respect of an offence by a court of criminal jurisdiction of the state or entity, a court in Canada has jurisdiction to enforce the payment of the fine, and the fine is recoverable in civil proceedings instituted by the state or entity, as if the fine had been imposed by a court in Canada.
Marginal note:Limitation period
(2) No proceedings under subsection (1) shall be instituted more than five years after the fine was imposed.
Marginal note:Definition of “fine”
(3) For the purposes of this section, “fine” includes any pecuniary penalty determined by a court of criminal jurisdiction of a state or entity to represent the value of any property, benefit or advantage, irrespective of its location, obtained or derived directly or indirectly as a result of the commission of an offence.
- R.S., 1985, c. 30 (4th Supp.), s. 9;
- 1999, c. 18, s. 102.
International Criminal Court
Marginal note:Orders for restraint or seizure
9.1 (1) When a request is presented to the Minister by the International Criminal Court for the enforcement of an order for the restraint or seizure of proceeds of crime, the Minister may authorize the Attorney General of Canada to make arrangements for the enforcement of the order.
Marginal note:Filing of order
(2) On receipt of an authorization, the Attorney General of Canada may file a copy of the order with the superior court of criminal jurisdiction of the province in which property that is the subject of the order is believed to be located.
(3) On being filed, the order may be enforced as if it were a warrant issued under subsection 462.32(1) of the Criminal Code or an order made under subsection 462.33(3) of that Act.
- 2000, c. 24, s. 57.
- Date modified: