439 Section 5 of the Act is replaced by the following:
Marginal note:Costs
5 Any costs incurred by or on behalf of Her Majesty in right of Canada in relation to the seizure or restraint of property under an order made under paragraph 4(1)(b) or the disposal of property forfeited under section 5.4 are the liability of the owner of the property and constitute a debt due to Her Majesty in right of Canada that may be recovered in any court of competent jurisdiction.
Marginal note:Application for review
5.1 (1) A person whose property is the subject of an order made under paragraph 4(1)(b) may, unless the property is the subject of a forfeiture order, apply at any time to the Minister in writing to request that the property cease being the subject of the order made under that paragraph.
Marginal note:Reasonable grounds
(2) On receipt of an application, the Minister must decide whether there are reasonable grounds to recommend to the Governor in Council that the property cease to be the subject of the order.
Marginal note:Ranking
5.2 All secured and unsecured rights and interests in any property that is the subject of an order made under paragraph 4(1)(b) that are held by a person are entitled to the same ranking that they would have been entitled to had the order not been made, unless
(a) the person is
(i) the foreign state identified in the order,
(ii) a person in that state, or
(iii) a national of that state who does not ordinarily reside in Canada; or
(b) the property is forfeited to Her Majesty in right of Canada under section 5.4.
Marginal note:Definitions
5.3 The following definitions apply in sections 5.4 to 5.6.
judge means a judge of a superior court of the province where property described in an order made under paragraph 4(1)(b) is situated. (juge)
Minister means the Minister responsible under section 6 for the administration of an order made under paragraph 4(1)(b). (ministre)
Marginal note:Forfeiture
5.4 (1) On application by the Minister, a judge shall order that the property that is the subject of the application be forfeited to Her Majesty in right of Canada if the judge determines, based on the evidence presented, that the property
(a) is described in an order made under paragraph 4(1)(b); and
(b) is owned by the person referred to in that order or is held or controlled, directly or indirectly, by that person.
Marginal note:Notice
(2) Before making the order in relation to the property, the court shall require notice to be given to any person who, in the court’s opinion, appears to have an interest in or right to the property, and the court may hear any such person.
Marginal note:Manner of giving notice
(3) The notice shall
(a) be given in the manner that the court directs or that may be specified in the rules of the court;
(b) specify the period that the court considers reasonable or that may be set out in the rules of the court during which a person may, before the order in relation to the property is made, make an application to the court asserting their interest in or right to the property; and
(c) set out a description of the property.
Marginal note:Application by person
(4) Any person — other than a person referred to in any of subparagraphs 5.2(a)(i) to (iii) — who claims an interest in or right to property that is forfeited to Her Majesty under subsection (1) may, within 30 days after the day on which the property is forfeited, apply in writing to a judge for an order declaring that their interest or right is not affected by the forfeiture, declaring the nature and extent of the interest or right and directing the Minister to pay to the person an amount equal to the value of their interest or right.
Marginal note:Not a Crown corporation
5.5 If the property that is the subject of a forfeiture order consists of all of the shares of a corporation, the corporation is deemed not to be a Crown corporation as defined in subsection 83(1) of the Financial Administration Act.
Marginal note:Payment out of Proceeds Account
5.6 After consulting with the Minister of Finance and the Minister of Foreign Affairs, the Minister may — at the times and in the manner, and on any terms and conditions, that the Minister considers appropriate — pay out of the Proceeds Account, as defined in section 2 of the Seized Property Management Act, amounts not exceeding the net proceeds from the disposition of property forfeited under section 5.4, but only for any of the following purposes:
(a) the reconstruction of a foreign state adversely affected by a grave breach of international peace and security;
(b) the restoration of international peace and security; and
(c) the compensation of victims of a grave breach of international peace and security, gross and systematic human rights violations or acts of significant corruption.