Seized Property Management Act (S.C. 1993, c. 37)

Marginal note:Conditions

• 8 (1) A management order may be subject to such conditions as the judge or justice making the order thinks fit.

• Marginal note:Application to vary conditions

  (2) The Minister may at any time apply to a judge or justice to cancel or vary any condition to which a management order is subject.

Powers of Minister

Marginal note:Ministerial powers

9 In carrying out the purposes of this Act, the Minister may

• (a) provide consultative and other services to law enforcement agencies in relation to the seizure or restraint of any property in connection with designated offences, or any property that is or may be proceeds of crime or offence-related property;

• (a.1) provide consultative and other services to any person employed in the federal public administration or by a provincial or municipal authority in relation to the seizure, restraint, custody, management, forfeiture or disposal of property

  • (i) by means of or in respect of which an offence or violation is committed,

  • (ii) that is used in any manner in connection with the commission of an offence or violation, or

  • (iii) that is intended for use for the purpose of committing an offence or violation;

• (b) subject to the Criminal Code, the Controlled Drugs and Substances Act, the Cannabis Act and any other Act of Parliament, manage any property referred to in any of subsections 4(1) to (3) in the manner that the Minister considers appropriate including, without restricting the generality of the foregoing, by advancing money at a commercial rate of interest to

  • (i) maintain the ongoing operation of the property,

  • (ii) satisfy the terms of any order concerning environmental, industrial, labour or property standards to which the property is subject, or

  • (iii) make improvements to the property to preserve the property and its economic worth;

• (c) notwithstanding any other Act of Parliament, but subject to the regulations and to the provisions of the Financial Administration Act relating to public money, dispose of any property referred to in any of subsections 4(1) to (3) that is forfeited to Her Majesty;

• (c.1) if property is forfeited to Her Majesty in right of a province, dispose of the property on behalf of Her Majesty in right of the province with the consent of the government of that province, and share the proceeds of disposition in accordance with directions given by that government;

• (d) notwithstanding subsection 734.4(2) of the Criminal Code and sections 125 and 126 of the Excise Act, where property referred to in any of subsections 4(1) to (3) is forfeited to Her Majesty, share the proceeds of disposition therefrom in accordance with this Act, the regulations and any agreement entered into pursuant to section 11;

• (e) notwithstanding subsection 734.4(2) of the Criminal Code and sections 125 and 126 of the Excise Act, if a fine, or any portion of a fine, imposed under subsection 462.37(3) of the Criminal Code in relation to proceedings commenced at the instance of the Government of Canada is paid or recovered or if a penalty is paid under subsection 18(2) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, share the amount of the fine or penalty in accordance with this Act, the regulations and any agreement entered into under section 11;

• (f) at the request of the Attorney General, receive from foreign governments all moneys that are to be transferred to Canada pursuant to any agreement entered into pursuant to section 11 and share those moneys in accordance with the regulations;

• (g) contract for the services of any person; and

• (h) do any other thing that the Governor in Council may consider to be incidental to, or necessary or expedient for, carrying out the purposes of this Act.

Sharing of Proceeds

Marginal note:Sharing within Canada

• 10 (1) Where a law enforcement agency in Canada has participated in the investigation of an offence that leads to

  • (a) the forfeiture to Her Majesty of property under section 83.14, subsection 462.37(1), (2) or (2.01) or 462.38(2), subparagraph 462.43(c)(iii) or subsection 490.1(1) or 490.2(2) of the Criminal Code, subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act or subsection 94(1) or 95(2) of the Cannabis Act,

  • (b) the forfeiture to Her Majesty pursuant to subsection 490(9) of the Criminal Code of any property that is or was the subject of a management order, or

  • (c) the imposition of a fine pursuant to subsection 462.37(3) of the Criminal Code in relation to proceedings commenced at the instance of the Government of Canada,

  the Minister shall, in accordance with the regulations, share the proceeds of disposition of that forfeited property, or any amount paid or recovered on account of the fine, as the case may be.

• Marginal note:Proceeds of Crime (Money Laundering) and Terrorist Financing Act

  (2) If the participation of a law enforcement agency in Canada has led to the forfeiture to Her Majesty of property under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act or the payment of a penalty under subsection 18(2) of that Act, the Minister shall, in accordance with the regulations, share the proceeds of disposition of that forfeited property or the penalty, as the case may be.

Marginal note:Sharing outside Canada

11 The Attorney General may, with the approval of the Governor in Council and in accordance with the regulations, enter into an agreement with the government of any foreign state respecting the reciprocal sharing of

• (a) the proceeds of disposition of

  • (i) property forfeited to Her Majesty under section 83.14, subsection 462.37(1), (2) or (2.01) or 462.38(2), subparagraph 462.43(c)(iii) or subsection 490.1(1) or 490.2(2) of the Criminal Code, subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act or subsection 94(1) or 95(2) of the Cannabis Act, or

  • (ii) property that is or was the subject of a management order and that was forfeited under subsection 490(9) of the Criminal Code

  and the proceeds arising from the disposition of property by that foreign state, and

• (b) amounts paid or recovered on account of fines imposed under subsection 462.37(3) of the Criminal Code in relation to proceedings commenced at the instance of the Government of Canada, penalties paid under subsection 18(2) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and amounts paid or recovered on account of fines imposed in lieu of forfeiture under the laws of that foreign state,

if law enforcement agencies of that foreign state, or of Canada, as the case may be, have participated in the investigation of the offence or offences that led to the forfeiture of the property or the imposition of the fine or if the law enforcement agencies' participation led to the forfeiture of the property or the payment of the penalty under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.

Financial

Marginal note:Seized Property Working Capital Account established

• 12 (1) There is hereby established in the accounts of Canada an account to be known as the Seized Property Working Capital Account.

• Marginal note:Charges to Working Capital Account

  (2) There may be paid out of the Consolidated Revenue Fund and charged to the Working Capital Account

  • (a) expenses incurred by the Minister in respect of any property referred to in any of subsections 4(1) to (3) that is in the possession or under the control of the Minister; and

  • (b) advances made by the Minister pursuant to paragraph 9(b).

• Marginal note:Credits to Working Capital Account

  (3) There shall be paid into the Consolidated Revenue Fund and credited to the Working Capital Account

  • (a) amounts recovered by the Minister as a result of expenses referred to in subsection (2); and

  • (b) amounts repaid or recovered as a result of advances made by the Minister pursuant to paragraph 9(b).

• Marginal note:Appropriation

  (4) There is hereby appropriated for the purposes of subsection (1) the amount of fifty million dollars.

• Marginal note:Amount may be changed

  (5) The amount referred to in subsection (4) may be amended by an appropriation Act.

Marginal note:Seized Property Proceeds Account established

• 13 (1) There is hereby established in the accounts of Canada an account to be known as the Seized Property Proceeds Account.

• Marginal note:Credits to Proceeds Account

  (2) There shall be paid into the Consolidated Revenue Fund and credited to the Proceeds Account

  • (a) the net proceeds, calculated in the prescribed manner, received from the disposition of any property referred to in any of subsections 4(1) to (3) that is forfeited to Her Majesty and disposed of by the Minister;

  • (b) amounts paid or recovered as a fine imposed pursuant to subsection 462.37(3) of the Criminal Code in relation to proceedings commenced at the instance of the Government of Canada; and

  • (c) subject to the regulations, amounts received from the governments of foreign states pursuant to agreements entered into pursuant to section 11.

• Marginal note:Charges to Proceeds Account

  (3) There shall be charged to the Proceeds Account

  • (a) such amounts as are approved by the Treasury Board and as are recovered by the Minister in respect of operating expenses incurred by the Minister in carrying out the purposes of this Act, other than expenses charged to the Working Capital Account pursuant to paragraph 12(2)(a);

  • (b) amounts paid as a result of claims arising from undertakings given by the Attorney General under subsections 462.32(6), 462.321(7) and 462.33(7) of the Criminal Code;

  • (c) amounts paid pursuant to sections 10 and 11;

  • (d) amounts paid under section 5.6 of the Special Economic Measures Act; and

  • (e) amounts paid under section 4.4 of the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law).

Marginal note:If costs are greater than proceeds

14 If the proceeds of disposition available to Her Majesty from the forfeiture of any property under subsection 462.37(1), (2) or (2.01) or 462.38(2), subparagraph 462.43(c)(iii) or subsection 490(9) of the Criminal Code, subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act or subsection 94(1) or 95(2) of the Cannabis Act are insufficient to cover the outstanding amounts charged to the Working Capital Account under subsection 12(2), and any interest on it, in respect of the property, there is to be charged to the Proceeds Account and credited to the Working Capital Account, or to interest revenue, as the case may be, an amount equal to the amount of the shortfall.

Marginal note:Advances to Proceeds Account

• 15 (1) Where the amount standing to the credit of the Proceeds Account is not sufficient for the payment of any amount required to be charged to the Proceeds Account pursuant to section 13, the Minister of Finance may, on a request therefor by the Minister, authorize the making of an advance to the Proceeds Account in an amount sufficient to meet the payment.

• Marginal note:Repayment of advance

  (2) An advance made pursuant to subsection (1) shall be credited to the Proceeds Account and repaid in such manner and on such terms and conditions, including the payment of interest, as the Minister of Finance may fix.

• Marginal note:Idem

  (3) The repayment of an amount advanced pursuant to subsection (1) shall be charged to the Proceeds Account.

Marginal note:Credit of excess to account

16 At the prescribed times, all amounts credited to the Proceeds Account that are not shared pursuant to sections 10 and 11, less such amounts as are reserved

• (a) for future losses,

• (b) to pay claims arising from undertakings given by the Attorney General under subsections 462.32(6), 462.321(7) and 462.33(7) of the Criminal Code, and

• (c) for ongoing expenses,

shall be credited to such account in the accounts of Canada as is prescribed.

General

Marginal note:Advances are debts owing

17 Advances made pursuant to paragraph 9(b) and any interest thereon are debts owing to Her Majesty and may be recovered as such in any court of competent jurisdiction or in any manner provided for by law.