Budget Implementation Act, 2023, No. 1 (S.C. 2023, c. 26)
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Assented to 2023-06-22
PART 4Various Measures (continued)
DIVISION 3Measures Related to Money Laundering and to Digital Assets and Other Measures (continued)
SUBDIVISION BR.S., c. C-46Criminal Code (continued)
214 (1) Subsection 462.34(1) of the Act is replaced by the following:
Marginal note:Application for review of special warrants and restraint orders
462.34 (1) Any person who has an interest in property that was seized under a warrant issued under section 462.32 or 462.321 or in respect of which a restraint order was made under subsection 462.33(3) may, at any time, apply to a judge for
(a) an order under subsection (4);
(b) permission to examine any seized property that does not consist of digital assets; or
(c) an order requiring an accounting of any seized digital assets.
(2) The portion of subsection 462.34(6) of the English version of the Act before paragraph (a) is replaced by the following:
Marginal note:Conditions to be satisfied
(6) An order under paragraph (4)(b) in respect of property may be made by a judge if the judge is satisfied that the property will no longer be required for the purpose of any investigation or as evidence in any proceeding and
(3) The portion of paragraph 462.34(6)(a) of the Act before subparagraph (i) is replaced by the following:
(a) that a warrant should not have been issued under section 462.32 or 462.321 or a restraint order under subsection 462.33(3) should not have been made in respect of that property, in the case where the application is made by
(4) The portion of paragraph 462.34(6)(a) of the English version of the Act after subparagraph (i) is replaced by the following:
(ii) any person who acquired title to or a right of possession of that property from a person referred to in subparagraph (i) 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; or
(5) The portion of subsection 462.34(6) of the English version of the Act after paragraph (b) is repealed.
215 Section 462.341 of the Act is replaced by the following:
Marginal note:Application of property restitution provisions
462.341 Subsection 462.34(2), paragraph 462.34(4)(c) and subsections 462.34(5), (5.1) and (5.2) apply, with any modifications that the circumstances require, to a person who has an interest in money, bank-notes or virtual currency or other digital assets that are seized under this Act, the Controlled Drugs and Substances Act or the Cannabis Act and in respect of which proceedings may be taken under subsection 462.37(1) or (2.01) or 462.38(2).
216 Subsection 462.35(1) of the Act is replaced by the following:
Marginal note:Expiration of special warrants and restraint orders
462.35 (1) Subject to this section, if property has been seized under a warrant issued under section 462.32 or 462.321 or a restraint order has been made under section 462.33 in relation to property, the property may be detained or the order may continue in force, as the case may be, for a period not exceeding six months from the seizure or the making of the order, as the case may be.
217 Section 462.36 of the Act is replaced by the following:
Marginal note:Forwarding to clerk where accused to stand trial
462.36 If a judge issues a warrant under section 462.32 or 462.321 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 under paragraph 462.32(4)(b) or 462.321(4)(c) or of the restraint order in respect of the property.
218 (1) The portion of subsection 462.43(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Residual disposal of property seized or dealt with under special warrants or restraint orders
462.43 (1) If property has been seized under a warrant issued under section 462.32 or 462.321, a restraint order has been made under section 462.33 in relation to any property or a recognizance has been entered into under paragraph 462.34(4)(a) in relation to any property and a judge, on application made to the judge by the Attorney General or any person having an interest in the property or on the judge’s own motion, after notice given to the Attorney General and any other person having an interest in the property, is satisfied that the property will no longer be required for the purpose of section 462.37, 462.38 or any other provision of this or any other Act of Parliament respecting forfeiture or for the purpose of any investigation or as evidence in any proceeding, the judge
(2) The portion of paragraph 462.43(1)(c) of the English version of the Act before subparagraph (i) is replaced by the following:
(c) in the case of property seized under a warrant issued under section 462.32 or 462.321 or property under the control of a person appointed under paragraph 462.331(1)(a),
219 (1) Paragraph 462.48(1.1)(b) of the Act is replaced by the following:
(b) an offence against subsection 119(1), section 120, subsection 121(1) or (2), section 122 or subsection 123(1) or (2), or a conspiracy or an attempt to commit, or being an accessory after the fact in relation to, such an offence;
(b.1) an offence against subsection 279.01(1), 279.011(1) or 279.02(1) or (2) or a conspiracy or an attempt to commit, or being an accessory after the fact in relation to, such an offence;
(b.2) an offence against subsection 346(1) or a conspiracy or an attempt to commit, or being an accessory after the fact in relation to, such an offence;
(b.3) an offence against paragraph 380(1)(a) or subsection 380(2) or a conspiracy or an attempt to commit, or being an accessory after the fact in relation to, such an offence;
(2) Subsection 462.48(1.1) of the Act is amended by striking out “or” at the end of paragraph (c) and by adding the following after paragraph (d):
(e) an offence against subsection 3(1) of the Corruption of Foreign Public Officials Act, or a conspiracy or an attempt to commit, or being an accessory after the fact in relation to, such an offence; or
(f) an offence against section 354, 355.2, 355.4 or 462.31 — or a conspiracy or attempt to commit, or being an accessory after the fact in relation to such an offence — if the offence is alleged to have been committed in relation to any property, thing or proceeds obtained or derived directly or indirectly as a result of
(i) the commission in Canada of an offence referred to in any of paragraphs (a) to (e), or
(ii) an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence referred to in any of those paragraphs.
220 Subsection 487.1(1) of the Act is amended by adding the following after paragraph (j):
(j.1) a warrant under subsection 462.321(1);
Related Amendments
R.S., c. P-1Parliament of Canada Act
221 Paragraph 19.7(3)(b) of the Parliament of Canada Act is replaced by the following:
(b) an order for a special warrant under section 462.32 or 462.321,
222 Paragraph 52.7(3)(b) of the Act is replaced by the following:
(b) an order for a special warrant under section 462.32 or 462.321,
R.S., c. 30 (4th Supp.)Mutual Legal Assistance in Criminal Matters Act
223 Subsection 9.1(3) of the Mutual Legal Assistance in Criminal Matters Act is replaced by the following:
Marginal note:Enforcement
(3) On being filed, the order may be enforced as if it were a warrant issued under subsection 462.32(1) or 462.321(1) of the Criminal Code or an order made under subsection 462.33(3) of that Act.
224 Paragraph 9.3(4)(a) of the Act is replaced by the following:
(a) an order for the seizure of proceeds of crime may be enforced as if it were a warrant issued under subsection 462.32(1) or 462.321(1) of the Criminal Code;
1993, c. 37Seized Property Management Act
225 Paragraph 4(1)(a) of the Seized Property Management Act is replaced by the following:
(a) seized under a warrant issued under section 83.13, 462.32, 462.321 or 487 of the Criminal Code, section 11 of the Controlled Drugs and Substances Act or section 87 of the Cannabis Act on the application of the Attorney General and that the Minister is appointed to manage under subsection 83.13(3), 462.331(2) or 490.81(2) of the Criminal Code, subsection 15.1(2) of the Controlled Drugs and Substances Act or subsection 93(2) of the Cannabis Act, as the case may be;
226 Paragraph 13(3)(b) of the Act is replaced by the following:
(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;
227 Paragraph 16(b) of the Act is replaced by the following:
(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
Coming into Force
Marginal note:90 days
228 This Subdivision comes into force on the 90th day after the day on which this Act receives royal assent.
DIVISION 4Preferential Tariff Programs for Developing Countries
1997, c. 36Customs Tariff
229 The heading before section 17 and sections 17 and 18 of the Customs Tariff are replaced by the following:
Direct Shipment
Marginal note:Shipment to Canada
17 (1) For the purposes of this Act, goods are shipped directly to Canada from another country when the goods are shipped to Canada from that other country in accordance with the regulations.
Marginal note:Regulations
(2) For the purposes of determining whether goods are shipped directly to Canada, the Governor in Council may, on the recommendation of the Minister, make regulations respecting the shipping of goods.
230 Paragraph 24(1)(b) of the Act is amended by adding the following after subparagraph (ii):
(ii.1) paragraph 36.2(1)(a),
231 Section 27 of the Act is amended by adding the following in alphabetical order:
- GPTP
GPTP refers to the General Preferential Tariff Plus. (TPGP)
232 Section 36 of the Act is replaced by the following:
Marginal note:Expiry date
36 Sections 33 to 35 cease to have effect on December 31, 2034 or on any earlier date that may be fixed by order of the Governor in Council.
General Preferential Tariff Plus
Marginal note:Application of GPTP
36.1 (1) Subject to sections 24 and 36.3 and any order made under section 36.2, goods that originate in a country set out in the List of Countries as a beneficiary of the General Preferential Tariff Plus are entitled to the General Preferential Tariff Plus rates of customs duty.
Marginal note:“A” final rate
(2) If “A” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “GPTP” in relation to goods entitled to the General Preferential Tariff Plus, the General Preferential Tariff Plus rate of customs duty that applies to those goods is the final rate.
Marginal note:“F” staging for GPTP
(3) If “F” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “GPTP” in relation to goods entitled to the General Preferential Tariff Plus, the General Preferential Tariff Plus rate of customs duty that applies to those goods is the initial rate, reduced as provided in the “F” Staging List.
Marginal note:Extension or withdrawal of entitlement
36.2 (1) The Governor in Council may, on the recommendation of the Minister, by order, amend the schedule to
(a) extend entitlement to the General Preferential Tariff Plus to any goods that originate in a country that is a beneficiary of the General Preferential Tariff, if, in the opinion of the Governor in Council, that country conforms to international norms relating to sustainable development and labour and human rights;
(b) withdraw entitlement to the General Preferential Tariff Plus from any goods that originate in a country that is a beneficiary of that Tariff; and
(c) reduce a rate of customs duty set out following the abbreviation “GPTP” in the column entitled “Preferential Tariff” in the List of Tariff Provisions and the “F” Staging List.
Marginal note:Contents of order
(2) An order made under subsection (1)
(a) must specify the date on which the order becomes effective;
(b) must, if the order partially extends entitlement to the General Preferential Tariff Plus, indicate the goods to which that Tariff is extended;
(c) may exempt the goods from the conditions set out in subsection 24(1) and prescribe any conditions that apply; and
(d) must, if the order wholly or partially withdraws entitlement to the General Preferential Tariff Plus, indicate the goods to which the General Preferential Tariff applies as a consequence.
Marginal note:Application of tariff rate quota
36.3 (1) The Governor in Council may, on the recommendation of the Minister, by order, apply a tariff rate quota in respect of goods imported from one or more countries entitled to the General Preferential Tariff Plus for a period specified in the order.
Marginal note:Tariff treatment if tariff rate quota exceeded
(2) Goods imported in excess of a tariff rate quota applied under an order under subsection (1) are subject to the tariff treatment that would be applicable to those goods if they were not entitled to the General Preferential Tariff Plus.
Marginal note:Expiry date
36.4 Sections 36.1 to 36.3 cease to have effect on December 31, 2034 or on any earlier date that may be fixed by order of the Governor in Council.
- Date modified: