An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts (S.C. 2001, c. 32)
Full Document:
Assented to 2001-12-18
Marginal note:1997, c. 18, s. 29
14. (1) Subsection 462.32(1) of the Act is replaced by the following:
Marginal note:Special search warrant
462.32 (1) Subject to subsection (3), where a judge, on application of the Attorney General, is satisfied by information on oath in Form 1 that there are reasonable grounds to believe that there is in any building, receptacle or place, within the province in which the judge has jurisdiction or any other province, any property in respect of which an order of forfeiture may be made under subsection 462.37(1) or 462.38(2), in respect of a designated offence alleged to have been committed within the province in which the judge has jurisdiction, the judge may issue a warrant authorizing a person named in the warrant or a peace officer to search the building, receptacle or place for that property and to seize that property and any other property in respect of which that person or peace officer believes, on reasonable grounds, that an order of forfeiture may be made under that subsection.
(2) Section 462.32 of the Act is amended by adding the following after subsection (4):
Marginal note:Return of proceeds
(4.1) Subject to this or any other Act of Parliament, a peace officer who has seized anything under a warrant issued by a judge under this section may, with the written consent of the Attorney General, on being issued a receipt for it, return the thing seized to the person lawfully entitled to its possession, if
(a) the peace officer is satisfied that there is no dispute as to who is lawfully entitled to possession of the thing seized;
(b) the peace officer is satisfied that the continued detention of the thing seized is not required for the purpose of forfeiture; and
(c) the thing seized is returned before a report is filed with the clerk of the court under paragraph (4)(b).
Marginal note:1993, c. 37, s. 21(1); 1997, c. 18, s. 30(2)
15. (1) Subsection 462.33(3) of the Act is replaced by the following:
Marginal note:Restraint order
(3) Where an application for a restraint order is made to a judge under subsection (1), the judge may, if satisfied that there are reasonable grounds to believe that there exists within the province in which the judge has jurisdiction or any other province, any property in respect of which an order of forfeiture may be made under subsection 462.37(1) or 462.38(2), in respect of a designated offence alleged to have been committed within the province in which the judge has jurisdiction, make an order prohibiting any person from disposing of, or otherwise dealing with any interest in, the property specified in the order otherwise than in such manner as may be specified in the order.
Marginal note:1993, c. 37, s. 21(2); 1996, c. 16, par. 60(1)(d)
(2) Subsection 462.33(3.1) of the Act is replaced by the following:
Marginal note:Property outside Canada
(3.1) A restraint order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.
Marginal note:R.S., c. 42 (4th Supp.), s. 2
(3) Subsection 462.33(7) of the Act is replaced by the following:
Marginal note:Undertakings by Attorney General
(7) Before making an order under subsection (3), a judge shall require the Attorney General to give such undertakings as the judge considers appropriate with respect to the payment of damages or costs, or both, in relation to
(a) the making of an order in respect of property situated within or outside Canada; and
(b) the execution of an order in respect of property situated within Canada.
16. The Act is amended by adding the following after section 462.33:
Marginal note:Management order
462.331 (1) With respect to property seized under section 462.32 or restrained under section 462.33, other than a controlled substance within the meaning of the Controlled Drugs and Substances Act, on application of the Attorney General or of any other person with the written consent of the Attorney General, where a judge is of the opinion that the circumstances so require, the judge may
(a) appoint a person to take control of and to manage or otherwise deal with all or part of the property in accordance with the directions of the judge; and
(b) require any person having possession of that property to give possession of the property to the person appointed under paragraph (a).
Marginal note:Appointment of Minister of Public Works and Government Services
(2) When the Attorney General of Canada so requests, a judge appointing a person under subsection (1) shall appoint the Minister of Public Works and Government Services.
Marginal note:Power to manage
(3) The power to manage or otherwise deal with property under subsection (1) includes
(a) in the case of perishable or rapidly depreciating property, the power to make an interlocutory sale of that property; and
(b) in the case of property that has little or no value, the power to destroy that property.
Marginal note:Application for destruction order
(4) Before a person appointed to manage property destroys property that has little or no value, he or she shall apply to a court for a destruction order.
Marginal note:Notice
(5) Before making a destruction order in relation to any property, a court shall require notice in accordance with subsection (6) to be given to, and may hear, any person who, in the opinion of the court, appears to have a valid interest in the property.
Marginal note:Manner of giving notice
(6) A notice shall
(a) be given or served in the manner that the court directs or that may be specified in the rules of the court; and
(b) be of any duration that the court considers reasonable or that may be specified in the rules of the court.
Marginal note:Order
(7) A court may order that the property be destroyed if it is satisfied that the property has little or no value, whether financial or other.
Marginal note:When management order ceases to have effect
(8) A management order ceases to have effect when the property that is the subject of the management order is returned in accordance with the law to an applicant or forfeited to Her Majesty.
Marginal note:Application to vary conditions
(9) The Attorney General may at any time apply to the judge to cancel or vary any condition to which a management order is subject but may not apply to vary an appointment made under subsection (2).
Marginal note:R.S., c. 42 (4th Supp.), s. 2; 1996, c. 19, par. 70(d)
17. (1) Subparagraph 462.34(6)(a)(i) of the Act is replaced by the following:
(i) a person charged with a designated offence, or
Marginal note:1997, c. 18, subpar. 140(d)(i)
(2) Paragraph 462.34(6)(b) of the Act is replaced by the following:
(b) in any other case, that the applicant is the lawful owner of or lawfully entitled to possession of the property and appears innocent of any complicity in a designated offence or of any collusion in relation to such an offence, and that no other person appears to be the lawful owner of or lawfully entitled to possession of the property,
Marginal note:1996, c. 19, s. 69
(3) Subsection 462.34(7) of the Act is replaced by the following:
Marginal note:Saving provision
(7) Section 354 of this Act does not apply to a person who comes into possession of any property or thing that, pursuant to an order made under paragraph (4)(c), was returned to any person after having been seized or was excluded from the application of a restraint order made under subsection 462.33(3).
Marginal note:R.S., c. 42 (4th Supp.), s. 2
18. Section 462.36 of the Act is replaced by the following:
Marginal note:Forwarding to clerk where accused to stand trial
462.36 Where a judge issues a warrant under section 462.32 or makes a restraint order under section 462.33 in respect of any property, the clerk of the court shall, when an accused is ordered to stand trial for a designated offence, cause to be forwarded to the clerk of the court to which the accused has been ordered to stand trial a copy of the report filed pursuant to paragraph 462.32(4)(b) or of the restraint order in respect of the property.
Marginal note:R.S., c. 42 (4th Supp.), s. 2; 1992, c. 1, s. 60 (Sch. I, item 29) (F); 1995, c. 22, s. 10 (Sch. I, items 15, 16); 1999, c. 5, s. 15(F)
19. Subsections 462.37(1) and (2) of the Act are replaced by the following:
Marginal note:Order of forfeiture of property on conviction
462.37 (1) Subject to this section and sections 462.39 to 462.41, where an offender is convicted, or discharged under section 730, of a designated offence and the court imposing sentence on the offender, on application of the Attorney General, is satisfied, on a balance of probabilities, that any property is proceeds of crime and that the designated offence was committed in relation to that property, the court shall 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:Proceeds of crime derived from other offences
(2) Where the evidence does not establish to the satisfaction of the court that the designated offence of which the offender is convicted, or discharged under section 730, was committed in relation to property in respect of which an order of forfeiture would otherwise be made under subsection (1) but the court is satisfied, beyond a reasonable doubt, that that property is proceeds of crime, the court may make an order of forfeiture under subsection (1) in relation to that property.
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:R.S., c. 42 (4th Supp.), s. 2
20. (1) Subsection 462.38(1) of the Act is replaced by the following:
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:R.S., c. 42 (4th Supp.), s. 2
(2) Paragraph 462.38(2)(b) of the Act is replaced by the following:
(b) proceedings in respect of a designated offence committed in relation to that property were commenced, and
(3) Section 462.38 of the Act is amended by adding the following after subsection (2):
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:R.S., c. 42 (4th Supp.), s. 2
(4) The portion of subsection 462.38(3) of the Act before paragraph (a) is replaced by the following:
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
- Date modified: