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Mutual Legal Assistance in Criminal Matters Act (R.S.C., 1985, c. 30 (4th Supp.))

Act current to 2019-08-28 and last amended on 2018-12-13. Previous Versions

Functions of the Minister

Marginal note:Functions of Minister

  •  (1) The Minister is responsible for the implementation of every agreement referred to in paragraph (a) of the definition agreement in subsection 2(1) and for the administration of this Act.

  • Marginal note:How request dealt with

    (2) When a request is made to the Minister under an agreement referred to in paragraph (a) of the definition agreement in subsection 2(1) by a state or entity or a Canadian competent authority, the Minister shall deal with the request in accordance with the agreement and this Act.

  • Marginal note:How request dealt with

    (3) When a request made by a state or entity under an agreement referred to in paragraph (b) of the definition agreement in subsection 2(1) is presented to the Minister by the Minister of National Revenue, the Minister shall deal with the request in accordance with the agreement and this Act.

  • R.S., 1985, c. 30 (4th Supp.), s. 7
  • 1999, c. 18, s. 101
  • 2018, c. 27, s. 31

PART IForeign Investigations or Other Proceedings in Respect of Offences

Implementation

Marginal note:Limitation — requests under agreements

  •  (1) If a request for mutual legal assistance is made under an agreement, the Minister may not give effect to the request by means of the provisions of this Part unless the agreement provides for assistance with respect to the subject-matter of the request.

  • Marginal note:Request by state or entity in schedule

    (2) If a request for mutual legal assistance is made by a state or entity whose name appears in the schedule, the Minister may give effect by means of the provisions of this Part to a request with respect to any subject-matter.

  • R.S., 1985, c. 30 (4th Supp.), s. 8
  • 1999, c. 18, s. 101
  • 2018, c. 27, s. 32

Fines

Marginal note:Standing and jurisdiction

  •  (1) When the Minister approves a request of a state or entity to enforce the payment of a fine imposed in respect of an offence by a court of criminal jurisdiction of the state or entity, a court in Canada has jurisdiction to enforce the payment of the fine, and the fine is recoverable in civil proceedings instituted by the state or entity, as if the fine had been imposed by a court in Canada.

  • Marginal note:Limitation period

    (2) No proceedings under subsection (1) shall be instituted more than five years after the fine was imposed.

  • Definition of fine

    (3) For the purposes of this section, fine includes any pecuniary penalty determined by a court of criminal jurisdiction of a state or entity to represent the value of any property, benefit or advantage, irrespective of its location, obtained or derived directly or indirectly as a result of the commission of an offence.

  • R.S., 1985, c. 30 (4th Supp.), s. 9
  • 1999, c. 18, s. 102

International Criminal Court

Marginal note:Orders for restraint or seizure

  •  (1) When a request is presented to the Minister by the International Criminal Court for the enforcement of an order for the restraint or seizure of proceeds of crime, the Minister may authorize the Attorney General of Canada to make arrangements for the enforcement of the order.

  • Marginal note:Filing of order

    (2) On receipt of an authorization, the Attorney General of Canada may file a copy of the order with the superior court of criminal jurisdiction of the province in which property that is the subject of the order is believed to be located.

  • Marginal note:Enforcement

    (3) On being filed, the order may be enforced as if it were a warrant issued under subsection 462.32(1) of the Criminal Code or an order made under subsection 462.33(3) of that Act.

  • 2000, c. 24, s. 57

Marginal note:Orders of reparation or forfeiture or imposing fines

  •  (1) When a request is presented to the Minister by the International Criminal Court for the enforcement of an order of reparation or forfeiture, or an order imposing a fine, the Minister may authorize the Attorney General of Canada to make arrangements for the enforcement of the order.

  • Marginal note:Enforcement

    (2) On receipt of an authorization, the Attorney General of Canada may file a copy of the order with the superior court of criminal jurisdiction of

    • (a) the province in which property that is the subject of the order is believed to be located; or

    • (b) the province in which some or all of the property available to satisfy the order is believed to be located.

    On being filed, the order shall be entered as a judgment of that court.

  • Marginal note:Requirement

    (3) Before filing an order referred to in subsection (1), the Attorney General of Canada must be satisfied that

    • (a) a person has been convicted of an offence within the jurisdiction of the International Criminal Court; and

    • (b) the conviction and the order are not subject to further appeal.

  • Marginal note:Effect of registered order

    (4) An order has, from the date it is filed under subsection (2), the same effect as if it had been

    • (a) in the case of an order of reparation, an order under section 738 of the Criminal Code;

    • (b) in the case of an order of forfeiture, an order under subsection 462.37(1) or 462.38(2) of that Act; and

    • (c) in the case of an order imposing a fine, a fine imposed under section 734 of that Act.

  • Marginal note:Payment into Crimes Against Humanity Fund

    (5) Subject to any orders made under subsection (8), proceeds from the enforcement of orders filed under this section shall be paid into the Crimes Against Humanity Fund established under section 30 of the Crimes Against Humanity and War Crimes Act.

  • Marginal note:Filing of amendments

    (6) When an order is filed under subsection (2), a copy of any amendments made to the order may be filed in the same way as the order, and the amendments do not, for the purpose of this Act, have effect until they are registered.

  • Marginal note:Notice

    (7) When an order has been filed under subsection (2), it shall not be executed before notice in accordance with subsection 462.41(2) of the Criminal Code has been given to every person who, in the opinion of the court, appears to have a valid interest in the property.

  • Marginal note:Application of Criminal Code

    (8) Subsection 462.41(3) and section 462.42 of the Criminal Code apply, with any modifications that the circumstances require, in respect of a person who claims an interest in the property.

  • 2000, c. 24, s. 57

Foreign Orders for Restraint, Seizure and Forfeiture of Property in Canada

Marginal note:Orders for restraint or seizure

  •  (1) When a written request is presented to the Minister by a state or entity, other than the International Criminal Court referred to in section 9.1, for the enforcement of an order for the restraint or seizure of property situated in Canada issued by a court of criminal jurisdiction of the state or entity, the Minister may authorize the Attorney General of Canada or an attorney general of a province to make arrangements for the enforcement of the order.

  • Marginal note:Filing of order

    (2) On receipt of an authorization, the Attorney General of Canada or an attorney general of a province may file a copy of the order with the superior court of criminal jurisdiction of the province in which the property that is the subject of the order is believed to be located. On being filed, the order shall be entered as a judgment of that court and may be executed anywhere in Canada.

  • Marginal note:Conditions

    (3) Before filing an order, the Attorney General of Canada or an attorney general of a province must be satisfied that

    • (a) the person has been charged with an offence within the jurisdiction of the state or entity; and

    • (b) the offence would be an indictable offence if it were committed in Canada.

  • Marginal note:Effect of registered order

    (4) On being filed,

    • (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) of the Criminal Code;

    • (b) an order for the restraint of proceeds of crime may be enforced as if it were an order made under subsection 462.33(3) of the Criminal Code;

    • (c) an order for the seizure of offence-related property may be enforced as if it were a warrant issued under subsection 487(1) of the Criminal Code, subsection 11(1) of the Controlled Drugs and Substances Act or subsection 87(1) of the Cannabis Act, as the case may be; and

    • (d) an order for the restraint of offence-related property may be enforced as if it were an order made under subsection 490.8(3) of the Criminal Code, subsection 14(3) of the Controlled Drugs and Substances Act or subsection 91(3) of the Cannabis Act, as the case may be.

  • Marginal note:Filing of amendments

    (5) When an order is filed under subsection (2), a copy of any amendments made to the order may be filed in the same way as the order, and the amendments do not, for the purpose of this Act, have effect until they are registered.

  • 2001, c. 32, s. 65
  • 2018, c. 16, s. 171
 
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