Bill C-24

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1993, c. 37, s. 21(1); 1997, c. 18, s. 30(2)	15. (1) Subsection 462.33(3) of the Act is replaced by the following:
Restraint order	(3) Where an application for a restraint order is made to a judge under subsection (1), the judge may, if satisfied that there are reasonable grounds to believe that there exists within the province in which the judge has jurisdiction or any other province, any property in respect of which an order of forfeiture may be made under subsection 462.37(1) or 462.38(2), in respect of a designated offence alleged to have been committed within the province in which the judge has jurisdiction, make an order prohibiting any person from disposing of, or otherwise dealing with any interest in, the property specified in the order otherwise than in such manner as may be specified in the order.
1993, c. 37, s. 21(2); 1996, c. 16, par. 60(1)(d)	(2) Subsection 462.33(3.1) of the Act is replaced by the following:
Property outside Canada	(3.1) A restraint order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.
R.S., c. 42 (4th Supp.), s. 2	(3) Subsection 462.33(7) of the Act is replaced by the following:
Undertakings by Attorney General	(7) Before making an order under subsection (3), a judge shall require the Attorney General to give such undertakings as the judge considers appropriate with respect to the payment of damages or costs, or both, in relation to
	(a) the making of an order in respect of property situated within or outside Canada; and
	(b) the execution of an order in respect of property situated within Canada.
	16. The Act is amended by adding the following after section 462.33:
Management order	462.331 (1) With respect to property seized under section 462.32 or restrained under section 462.33, other than a controlled substance within the meaning of the Controlled Drugs and Substances Act, on application of the Attorney General or of any other person with the written consent of the Attorney General, where a judge is of the opinion that the circumstances so require, the judge may
	(a) appoint a person to take control of and to manage or otherwise deal with all or part of the property in accordance with the directions of the judge; and
	(b) require any person having possession of that property to give possession of the property to the person appointed under paragraph (a).
Appointment of Minister of Public Works and Government Services	(2) When the Attorney General of Canada so requests, a judge appointing a person under subsection (1) shall appoint the Minister of Public Works and Government Services.
Power to manage	(3) The power to manage or otherwise deal with property under subsection (1) includes
	(a) in the case of perishable or rapidly depreciating property, the power to make an interlocutory sale of that property; and
	(b) in the case of property that has little or no value, the power to destroy that property.
Application for destruction order	(4) Before a person appointed to manage property destroys property that has little or no value, he or she shall apply to a court for a destruction order.
Notice	(5) Before making a destruction order in relation to any property, a court shall require notice in accordance with subsection (6) to be given to, and may hear, any person who, in the opinion of the court, appears to have a valid interest in the property.
Manner of giving notice	(6) A notice shall
	(a) be given or served in the manner that the court directs or that may be specified in the rules of the court; and
	(b) be of any duration that the court considers reasonable or that may be specified in the rules of the court.
Order	(7) A court may order that the property be destroyed if it is satisfied that the property has little or no value, whether financial or other.
When management order ceases to have effect	(8) 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 to an applicant or forfeited to Her Majesty.
Application to vary conditions	(9) The Attorney General may at any time apply to the judge to cancel or vary any condition to which a management order is subject but may not apply to vary an appointment made under subsection (2).
R.S., c. 42 (4th Supp.), s. 2; 1996, c. 19, par. 70(d)	17. (1) Subparagraph 462.34(6)(a)(i) of the Act is replaced by the following:
	(i) a person charged with a designated offence, or
1997, c. 18, subpar. 140(d) (i)	(2) Paragraph 462.34(6)(b) of the Act is replaced by the following:
	(b) in any other case, that the applicant is the lawful owner of or lawfully entitled to possession of the property and appears innocent of any complicity in a designated offence or of any collusion in relation to such an offence, and that no other person appears to be the lawful owner of or lawfully entitled to possession of the property,
1996, c. 19, s. 69	(3) Subsection 462.34(7) of the Act is replaced by the following:
Saving provision	(7) Section 354 of this Act does not apply to a person who comes into possession of any property or thing that, pursuant to an order made under paragraph (4)(c), was returned to any person after having been seized or was excluded from the application of a restraint order made under subsection 462.33(3).
R.S., c. 42 (4th Supp.), s. 2	18. Section 462.36 of the Act is replaced by the following:
Forwarding to clerk where accused to stand trial	462.36 Where a judge issues a warrant under section 462.32 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 pursuant to paragraph 462.32(4)(b) or of the restraint order in respect of the property.
R.S., c. 42 (4th Supp.), s. 2; 1992, c. 1, s. 60 (Sch. I, item 29) (F); 1995, c. 22, s. 10 (Sch. I, items 15, 16); 1999, c. 5, s. 15(F)	19. Subsections 462.37(1) and (2) of the Act are replaced by the following:
Order of forfeiture of property on conviction	462.37 (1) Subject to this section and sections 462.39 to 462.41, where an offender is convicted, or discharged under section 730, of a designated offence and the court imposing sentence on the offender, on application of the Attorney General, is satisfied, on a balance of probabilities, that any property is proceeds of crime and that the designated offence was committed in relation to that property, the court shall order that the property be forfeited to Her Majesty to be disposed of as the Attorney General directs or otherwise dealt with in accordance with the law.
Proceeds of crime derived from other offences	(2) Where the evidence does not establish to the satisfaction of the court that the designated offence of which the offender is convicted, or discharged under section 730, was committed in relation to property in respect of which an order of forfeiture would otherwise be made under subsection (1) but the court is satisfied, beyond a reasonable doubt, that that property is proceeds of crime, the court may make an order of forfeiture under subsection (1) in relation to that property.
Property outside Canada	(2.1) An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.
R.S., c. 42 (4th Supp.), s. 2	20. (1) Subsection 462.38(1) of the Act is replaced by the following:
Application for forfeiture	462.38 (1) Where an information has been laid in respect of a designated offence, the Attorney General may make an application to a judge for an order of forfeiture under subsection (2) in respect of any property.
R.S., c. 42 (4th Supp.), s. 2	(2) Paragraph 462.38(2)(b) of the Act is replaced by the following:
	(b) proceedings in respect of a designated offence committed in relation to that property were commenced, and
	(3) Section 462.38 of the Act is amended by adding the following after subsection (2):
Property outside Canada	(2.1) An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.
R.S., c. 42 (4th Supp.), s. 2	(4) The portion of subsection 462.38(3) of the Act before paragraph (a) is replaced by the following:
Person deemed absconded	(3) For the purposes of this section, a person shall be deemed to have absconded in connection with a designated offence if
R.S., c. 42 (4th Supp.), s. 2; 1996, c. 19, par. 70(f)	21. Section 462.39 of the Act is replaced by the following:
Inference	462.39 For the purpose of subsection 462.37(1) or 462.38(2), the court may infer that property was obtained or derived as a result of the commission of a designated offence where evidence establishes that the value, after the commission of that offence, of all the property of the person alleged to have committed the offence exceeds the value of all the property of that person before the commission of that offence and the court is satisfied that the income of that person from sources unrelated to designated offences committed by that person cannot reasonably account for such an increase in value.
R.S., c. 42 (4th Supp.), s. 2	22. (1) Paragraph 462.41(2)(c) of the Act is replaced by the following:
	(c) set out the designated offence charged and a description of the property.
1997, c. 18, subpar. 140(d) (ii)	(2) Paragraph 462.41(3)(a) of the Act is replaced by the following:
	(a) a person who is charged with, or was convicted of, a designated offence, or
1997, c. 18, subpar. 140(d) (iii)	23. (1) Paragraph 462.42(1)(a) of the Act is replaced by the following:
	(a) a person who is charged with, or was convicted of, a designated offence that was committed in relation to the property forfeited, or
R.S., c. 42 (4th Supp.), s. 2; 1996, c. 19, par. 70(i)	(2) Subsection 462.42(4) of the English version of the Act is replaced by the following:
Order declaring interest not subject to forfeiture	(4) Where, on the hearing of an application made under subsection (1), the judge is satisfied that the applicant is not a person referred to in paragraph (1)(a) or (b) and appears innocent of any complicity in any designated offence that resulted in the forfeiture or of any collusion in relation to any such offence, the judge may make an order declaring that the interest of the applicant is not affected by the forfeiture and declaring the nature and extent of the interest.
	24. Section 462.43 of the Act is renumbered as subsection 462.43(1) and is amended by adding the following:
Property outside Canada	(2) An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.
R.S., c. 42 (4th Supp.), s. 2; 1996, c. 19, par. 70(j)	25. Section 462.47 of the Act is replaced by the following:
No civil or criminal liability incurred by informants	462.47 For greater certainty but subject to section 241 of the Income Tax Act, a person is justified in disclosing to a peace officer or the Attorney General any facts on the basis of which that person reasonably suspects that any property is proceeds of crime or that any person has committed or is about to commit a designated offence.
R.S., c. 42 (4th Supp.), s. 2; 1996, c. 19, par. 70(k); 1997, c. 23, s. 10(1)	26. (1) Subsection 462.48(1) of the Act is replaced by the following:
Definition of ``designated substance offence''	462.48 (1) In this section, ``designated substance offence'' means
	(a) an offence under Part I of the Controlled Drugs and Substances Act, except subsection 4(1) of that Act; or
	(b) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a).
Disclosure of income tax information	(1.1) The Attorney General may make an application in accordance with subsection (2) for an order for disclosure of information under subsection (3), for the purposes of an investigation in relation to
	(a) a designated substance offence;
	(b) an offence against section 354 or 462.31 where 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 a designated substance offence, or
	(ii) an act or omission anywhere that, if it had occurred in Canada, would have constituted a designated substance offence; or
	(c) an offence against section 467.11, 467.12 or 467.13 or a conspiracy or an attempt to commit, or being an accessory after the fact in relation to, such an offence.
R.S., c. 42 (4th Supp.), s. 2	(2) The portion of subsection 462.48(2) of the English version of the Act before paragraph (a) is replaced by the following:
Application	(2) An application under subsection (1.1) shall be made ex parte in writing to a judge and be accompanied by an affidavit sworn on the information and belief of the Attorney General or a person specially designated by the Attorney General for that purpose deposing to the following matters, namely,
1997, c. 23, s. 10(2)	(3) Paragraph 462.48(2)(d) of the Act is replaced by the following:
	(d) the facts relied on to justify the belief, on reasonable grounds, that the person referred to in paragraph (b) has committed or benefited from the commission of an offence referred to in paragraph (1.1)(a), (b) or (c) and that the information or documents referred to in paragraph (c) are likely to be of substantial value, whether alone or together with other material, to the investigation for the purposes of which the application is made.
R.S., c. 42 (4th Supp.), s. 2	(4) The portion of subsection 462.48(3) of the English version of the Act before paragraph (a) is replaced by the following:
	(3) Where the judge to whom an application under subsection (1.1) is made is satisfied
1997, c. 23, s. 11	27. Section 467.1 of the Act is replaced by the following:
Definitions	467.1 (1) The following definitions apply in this Act.
``criminal organization'' « organisation criminelle »	``criminal organization'' means a group, however organized, that
	(a) is composed of three or more persons in or outside Canada; and
	(b) has as one of its main purposes or main activities the facilitation or commission of one or more serious offences that, if committed, would likely result in the direct or indirect receipt of a material benefit, including a financial benefit, by the group or by any of the persons who constitute the group.
	It does not include a group of persons that forms randomly for the immediate commission of a single offence.
``serious offence'' « infraction grave »	``serious offence'' means an indictable offence under this or any other Act of Parliament for which the maximum punishment is imprisonment for five years or more, or another offence that is prescribed by regulation.
Facilitation	(2) For the purposes of this section and section 467.11, facilitation of an offence does not require knowledge of a particular offence the commission of which is facilitated, or that an offence actually be committed.