Proceeds of Crime (Money Laundering) and Terrorist Financing Act (S.C. 2000, c. 17)

Marginal note:Power to call in aid

39.07 An officer may call on other persons to assist the officer in exercising any power of search, seizure or retention that the officer is authorized under this Part to exercise, and any person so called on is authorized to exercise that power.

Marginal note:Recording of reasons for decision

39.08 If an officer decides to exercise powers under subsection 39.06(1), the officer shall record in writing reasons for the decision.

Marginal note:Report to President

39.09 If the goods have been seized under section 39.06, the officer who seized them shall without delay report the circumstances of the seizure to the President.

Transfer to the Minister of Public Works and Government Services

Marginal note:Forfeiture under subsection 39.03(5)

• 39.1 (1) An officer who retains goods forfeited under subsection 39.03(5) shall send the goods to the Minister of Public Works and Government Services.

• Marginal note:Seizure

  (2) An officer who seizes goods shall send the goods to the Minister of Public Works and Government Services.

Forfeiture

Marginal note:Time of forfeiture

39.11 Subject to sections 39.14 to 39.22, goods seized under subsection 39.06(1) are forfeited to His Majesty in right of Canada from the time of the contravention in respect of which they were seized, and no act or proceeding after the forfeiture is necessary to effect the forfeiture.

Review and Appeal

Marginal note:Review of forfeiture

39.12 The forfeiture of goods seized under this Part is final and is not subject to review and is not to be set aside or otherwise dealt with, except to the extent and in the manner provided by sections 39.13 and 39.14.

Marginal note:Corrective measures

39.13 The Minister, or any officer delegated by the President for the purposes of this section, may, within 90 days after a seizure made under subsection 39.06(1), cancel the seizure if the Minister is satisfied that there was no contravention.

Marginal note:Request for Minister’s decision

39.14 A person or entity from which goods were seized under subsection 39.06(1), or the lawful owner of the goods, may, within 90 days after the date of the seizure, request a decision of the Minister as to whether the goods are proceeds of crime as defined in subsection 462.3(1) of the Criminal Code or are related to money laundering, to the financing of terrorist activities or to sanctions evasion by giving notice to the Minister in writing or by any other means satisfactory to the Minister.

Marginal note:Extension of time by Minister

• 39.15 (1) If no request is made under section 39.14 within the period provided in that section, the person, entity or lawful owner referred to in that section may apply to the Minister in writing or by any other means satisfactory to the Minister for an extension of the time for making the request.

• Marginal note:Content

  (2) An application shall set out the reasons why the request was not made on time.

• Marginal note:Burden of proof

  (3) The burden of proof that an application has been made under subsection (1) lies on the person, entity or lawful owner claiming to have made it.

• Marginal note:Notice of decision

  (4) The Minister shall, without delay after making a decision in respect of an application, notify the applicant in writing of the decision.

• Marginal note:Conditions for granting application

  (5) The application is not to be granted unless

  • (a) it is made within one year after the end of the period provided in section 39.14; and

  • (b) the applicant demonstrates that

    • (i) within the period provided in section 39.14, they were unable to act or to instruct another person to act in their name or had a bona fide intention to request a decision,

    • (ii) it would be just and equitable to grant the application, and

    • (iii) the application was made as soon as circumstances permitted.

Marginal note:Extension of time by Federal Court

• 39.16 (1) The person, entity or lawful owner referred to in section 39.14 may apply to the Federal Court to have their application under section 39.15 granted

  • (a) within the period of 90 days after the Minister dismisses that application, if it is dismissed; or

  • (b) after 90 days have expired after that application was made, if the Minister has not notified the person, entity or lawful owner of a decision made in respect of it.

• Marginal note:Application process

  (2) The application shall be made by filing in the Federal Court a copy of the application made under section 39.15, and any notice given in respect of it. The applicant shall notify the Minister that they have filed the application immediately after having filed it.

• Marginal note:Powers of the Court

  (3) The Court may grant or dismiss the application and, if it grants the application, may impose any terms that it considers just or order that the request made under section 39.14 be deemed to have been made on the date the order was made.

• Marginal note:Conditions for granting application

  (4) The application is not to be granted unless

  • (a) the application under section 39.15 was made within one year after the end of the period provided in section 39.14; and

  • (b) the applicant demonstrates that

    • (i) within the period provided in section 39.14, they were unable to act or to instruct another person to act in their name or had a bona fide intention to request a decision,

    • (ii) it would be just and equitable to grant the application, and

    • (iii) the application was made as soon as circumstances permitted.

Marginal note:Notice of President

• 39.17 (1) If a request for a decision is a made under section 39.14, the President shall without delay serve on the person, entity or lawful owner who requested it written notice of the circumstances of the seizure in respect of which the decision is requested.

• Marginal note:Evidence

  (2) The person, entity or lawful owner may, within 30 days after the notice is served, furnish any evidence in the matter that they desire to furnish.

Marginal note:Decision of Minister

• 39.18 (1) Within 90 days after the expiry of the period referred to in subsection 39.17(2), the Minister shall decide whether the goods are proceeds of crime as defined in subsection 462.3(1) of the Criminal Code or are related to money laundering, to the financing of terrorist activities or to sanctions evasion.

• Marginal note:Deferral of decision

  (2) If charges are laid with respect to a money laundering offence, a terrorist activity financing offence or a sanctions evasion offence in respect of the goods seized, the Minister may defer making a decision but shall make it in any case no later than 30 days after the conclusion of all court proceedings in respect of those charges.

• Marginal note:Notice of decision

  (3) The Minister shall, without delay after making a decision, serve on the person, entity or lawful owner who requested it a written notice of the decision together with the reasons for it.

Marginal note:Return of goods

39.19 If the Minister decides that the goods are not proceeds of crime as defined in subsection 462.3(1) of the Criminal Code and are not related to money laundering, to the financing of terrorist activities or to sanctions evasion, the Minister of Public Works and Government Services shall, on being informed of the Minister’s decision, return the goods or an amount of money equal to their value at the time of the seizure, as the case may be.

Marginal note:Confirmation of forfeiture

39.2 If the Minister decides that the goods are proceeds of crime as defined in subsection 462.3(1) of the Criminal Code or are related to money laundering, to the financing of terrorist activities or to sanctions evasion, the Minister may, subject to the terms and conditions that the Minister may determine, subject to any order made under section 39.24 or 39.25, confirm that the goods are forfeited to His Majesty in right of Canada.

Marginal note:Appeal to Federal Court

• 39.21 (1) A person, entity or lawful owner who makes a request under section 39.14 for a decision of the Minister may, within 90 days after being notified of the decision, appeal the decision by way of an action in the Federal Court in which they are the plaintiff and the Minister is the defendant.

• Marginal note:Ordinary action

  (2) The Federal Courts Act and the rules made under that Act that apply to ordinary actions apply to actions instituted under subsection (1) except as varied by special rules made in respect of such actions.

• Marginal note:Delivery after final order

  (3) The Minister of Public Works and Government Services shall give effect to the decision of the Court on being informed of it.

• Marginal note:Limit on amount paid

  (4) If the goods were sold or otherwise disposed of under the Seized Property Management Act, the total amount that can be paid under subsection (3) shall not exceed the proceeds of the sale or disposition, if any, less any costs incurred by His Majesty in right of Canada in respect of the goods.

Marginal note:Service of notices

39.22 The service of the President’s notice under section 39.17 or the notice of the Minister’s decision under section 39.18 is sufficient if it is sent by registered mail addressed to the person or entity on which it is to be served at their latest known address.

Third Party Claims

Marginal note:Interest as owner

• 39.23 (1) If goods have been seized as forfeit under this Part, any person or entity, other than the person or entity in whose possession the goods were when seized, that claims in respect of the goods an interest as owner or, in Quebec, a right as owner or trustee may, within 90 days after the seizure, apply by notice in writing to the court for an order under section 39.24.

• Marginal note:Date of hearing

  (2) A judge of the court to which an application is made under this section shall fix a day, not less than 30 days after the date of the filing of the application, for the hearing.

• Marginal note:Notice to President

  (3) The applicant shall serve notice of the application and of the hearing on the President, or an officer delegated by the President for the purpose of this section, not later than 15 days after a day is fixed under subsection (2) for the hearing of the application.

• Marginal note:Service of notice

  (4) The service of a notice under subsection (3) is sufficient if it is sent by registered mail addressed to the President.

• Marginal note:Definition of court

  (5) In this section and sections 39.24 and 39.25, court means

  • (a) in the Province of Ontario, the Superior Court of Justice;

  • (b) in the Province of Quebec, the Superior Court;

  • (c) in the Provinces of Nova Scotia, British Columbia, Prince Edward Island and Newfoundland and Labrador, in Yukon and in the Northwest Territories, the Supreme Court;

  • (d) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of King’s Bench; and

  • (e) in Nunavut, the Nunavut Court of Justice.

Marginal note:Order

39.24 On the hearing of an application made under subsection 39.23(1), the applicant is entitled to an order declaring that their interest or right is not affected by the seizure and declaring the nature and extent of their interest or right at the time of the contravention that resulted in the seizure if the court is satisfied

• (a) that the applicant acquired the interest or right in good faith before the contravention;

• (b) that the applicant is innocent of any complicity in the contravention and of any collusion in relation to it; and

• (c) that the applicant exercised all reasonable care to ensure that any person permitted to obtain possession of the goods seized would declare them in accordance with section 39.02.

Marginal note:Appeal

• 39.25 (1) A person or entity that makes an application under section 39.23 or His Majesty in right of Canada may appeal to the court of appeal from an order made under section 39.24 and the appeal shall be asserted, heard and decided according to the ordinary procedure governing appeals to the court of appeal from orders or judgments of a court.

• Marginal note:Definition of court of appeal

  (2) In this section, court of appeal means, in the province in which an order referred to in subsection (1) is made, the court of appeal for that province as defined in section 2 of the Criminal Code.