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An Act to amend the Criminal Code (proceeds of crime) and the Controlled Drugs and Substances Act and to make consequential amendments to another Act (S.C. 2005, c. 44)

Assented to 2005-11-25

R.S., c. C-46CRIMINAL CODE

Marginal note:R.S., c. 42 (4th Supp.), s. 2

7. Paragraph 462.4(a) of the Act is replaced by the following:

  • (a) prior to ordering property to be forfeited under subsection 462.37(1) or (2.01) or 462.38(2), and

Marginal note:R.S., c. 42 (4th Supp.), s. 2

  • 8. (1) Subsection 462.41(1) of the Act is replaced by the following:

    Marginal note:Notice

    • 462.41 (1) Before making an order under subsection 462.37(1) or (2.01) or 462.38(2) in relation to any property, a court shall require notice in accordance with subsection (2) 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.

  • (2) Subsection 462.41(3) of the Act is amended by replacing the reference to “subsection 462.37(1)” with a reference to “subsection 462.37(1) or (2.01)”.

Marginal note:R.S., c. 42 (4th Supp.), s. 2; 2001, c. 32, s. 23(1)

9. Subsection 462.42(1) of the Act is replaced by the following:

Marginal note:Application by person claiming interest for relief from forfeiture

  • 462.42 (1) Any person who claims an interest in property that is forfeited to Her Majesty under subsection 462.37(1) or (2.01) or 462.38(2) may, within thirty days after the forfeiture, apply by notice in writing to a judge for an order under subsection (4) unless the person is

    • (a) a person who is charged with, or was convicted of, a designated offence that resulted in the forfeiture; or

    • (b) a person who acquired title to or a right of possession of the property from a person referred to in paragraph (a) under circumstances that give rise to a reasonable inference that the title or right was transferred from that person for the purpose of avoiding the forfeiture of the property.

Marginal note:R.S., c. 42 (4th Supp.), s. 2

10. The portion of section 462.45 of the Act before paragraph (a) is replaced by the following:

Marginal note:Suspension of forfeiture pending appeal

462.45 Despite anything in this Part, the operation of an order of forfeiture or restoration of property under subsection 462.34(4), 462.37(1) or (2.01), 462.38(2) or 462.41(3) or section 462.43 is suspended pending

Marginal note:R.S., c. 42 (4th Supp.), s. 2

11. Subsection 462.46(1) of the Act is replaced by the following:

Marginal note:Copies of documents returned or forfeited

  • 462.46 (1) If any document is returned or ordered to be returned, forfeited or otherwise dealt with under subsection 462.34(3) or (4), 462.37(1) or (2.01), 462.38(2) or 462.41(3) or section 462.43, the Attorney General may, before returning the document or complying with the order, cause a copy of the document to be made and retained.

Marginal note:2002, c. 13, s. 69

12. The portion of subsection 689(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Restitution or forfeiture of property

  • 689. (1) If the trial court makes an order for compensation or for the restitution of property under section 738 or 739 or an order of forfeiture of property under subsection 164.2(1) or 462.37(1) or (2.01), the operation of the order is suspended

1996, c. 19CONTROLLED DRUGS AND SUBSTANCES ACT

13. Paragraph 11(1)(d) of the Controlled Drugs and Substances Act is replaced by the following:

  • (d) any thing that will afford evidence in respect of an offence under this Act or an offence, in whole or in part in relation to a contravention of this Act, under section 354 or 462.31 of the Criminal Code

CONSEQUENTIAL AMENDMENTS

1993, c. 37Seized Property Management Act

Marginal note:2000, c. 17, s. 95; 2001, c. 41, s. 110

14. Paragraph 10(1)(a) of the Seized Property Management Act is replaced by the following:

  • (a) the forfeiture to Her Majesty of property pursuant to 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 or subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act;

Marginal note:2001, c. 41, s. 137(4)

15. Subparagraph 11(a)(i) of the Act is replaced by the following:

  • (i) property forfeited to Her Majesty pursuant to 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 or subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act, or

Marginal note:1997, c. 23, s. 25

16. Section 14 of the Act is replaced by the following:

Marginal note:If costs are greater than proceeds

14. If the proceeds of disposition available to Her Majesty from the forfeiture of any property pursuant to 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 or subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act are insufficient to cover the outstanding amounts charged to the Working Capital Account pursuant to subsection 12(2), and any interest on it, in respect of the property, there shall 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.

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