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An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts (S.C. 2017, c. 7)

Assented to 2017-05-18

1993, c. 37Seized Property Management Act

Marginal note:2001, c. 41, ss. 135(6) and (7)

 Paragraphs 4(1)(a) and (b) of the Seized Property Management Act are replaced by the following :

Marginal note:2001, c. 41, s. 135(8)

 Subsection 5(1) of the Act is replaced by the following :

Marginal note:Transfer of property
  • 5 (1) Every person who has control of any property that is subject to a management order issued under subsection 83.13(2), 462.331(1) or 490.81(1) of the Criminal Code, subsection 15.1(1) of the Controlled Drugs and Substances Act or subsection 7(1) of this Act shall, as soon as practicable after the order is issued, transfer the control of the property to the Minister, except for any property or any part of the property that is needed as evidence or is necessary for the purposes of an investigation.

Marginal note:2001, c. 32, s. 77
  •  (1) Paragraphs 7(2)(a) and (b) of the Act are replaced by the following :

    • (a) the power to make an interlocutory sale of perishable or rapidly depreciating property;

    • (b) the power to destroy, in accordance with subsections (2.1) to (2.4), property that has little or no value; and

    • (c) the power to have property, other than real property or a conveyance, forfeited to Her Majesty in accordance with subsection (2.5).

  • Marginal note:2001, c. 32, s. 77

    (2) Subsection 7(2.2) of the Act is replaced by the following :

    • Marginal note:Notice

      (2.2) Before making a destruction order, a court shall require notice in accordance with subsection (2.3) to be given to and may hear any person who, in the court’s opinion, appears to have a valid interest in the property.

  • Marginal note:2001, c. 32, s. 77

    (3) Paragraphs 7(2.3)(a) and (b) of the Act are replaced by the following :

    • (a) be given in the manner that the court directs or that may be specified in the rules of the court; and

    • (b) specify the effective period of the notice that the court considers reasonable or that may be set out in the rules of the court.

  • Marginal note:2001, c. 32, s. 77

    (4) Subsections 7(2.4) and (3) of the Act are replaced by the following :

    • Marginal note:Destruction order

      (2.4) A court shall order that the property be destroyed if it is satisfied that the property has little or no financial or other value.

    • Marginal note:Forfeiture order

      (2.5) On application by the Minister, a court shall order that the property, other than real property or a conveyance, be forfeited to Her Majesty and disposed of or otherwise dealt with in accordance with the law if

      • (a) a notice is given or published in the manner that the court directs or that may be specified in the rules of the court;

      • (b) the notice specifies a period of 60 days during which a person may make an application to the court asserting their interest in the property; and

      • (c) during that period, no one makes such an application.

    • Marginal note:When management order ceases to have effect

      (3) 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, destroyed or forfeited to Her Majesty.

    • Marginal note:For greater certainty

      (4) For greater certainty, if property that is the subject of a management order is sold, the management order applies to the net proceeds of the sale.

Coming into Force

Marginal note:Order in council
  •  (1) Subsection 1(1) and section 28 come into force on a day to be fixed by order of the Governor in Council.

  • Marginal note:Order in council

    (2) Subsection 1(6), section 2, subsections 3(2) and 7(1), (3) and (5), sections 8 and 10 to 24, subsection 26(8), sections 29, 54, 58 and 59, subsection 60(1) and sections 61, 64 to 68 and 70 to 72 come into force on a day to be fixed by order of the Governor in Council.

  • Marginal note:Order in council

    (3) Sections 31, 32 and 36 and subsection 40(13) come into force on a day to be fixed by order of the Governor in Council, but this day must not be before the day fixed by the Governor in Council under subsection (5).

  • Marginal note:Order in council

    (4) Section 35 comes into force on a day to be fixed by order of the Governor in Council.

  • Marginal note:Order in council

    (5) Subsection 40(12) comes into force on a day to be fixed by order of the Governor in Council.

 
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