Skip to main content

Bill C-24

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

PDF
Order of forfeiture of property on conviction

16. (1) Subject to sections 18 to 19.1, where a person is convicted of a designated substance offence and, on application of the Attorney General, the court is satisfied, on a balance of probabilities, that any property is offence-related property and that the offence was committed in relation to that property, the court shall

(2) Subsection 16(2) of the Act is replaced by the following:

Property related to other offences

(2) Subject to sections 18 to 19.1, where the evidence does not establish to the satisfaction of the court that the designated substance offence of which a person has been convicted 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 offence-related property, 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.

52. (1) The portion of subsection 17(2) of the Act before paragraph (a) is replaced by the following:

Order of forfeiture of property

(2) Subject to sections 18 to 19.1, where an application is made to a judge under subsection (1) and the judge is satisfied

(2) Section 17 of the Act is amended by adding the following after subsection (4):

Property outside Canada

(5) An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.

53. The Act is amended by adding the following after section 19:

Notice

19.1 (1) Where all or part of offence-related property that would otherwise be forfeited under subsection 16(1) or 17(2) is a dwelling-house, before making an order of forfeiture, a court shall require notice in accordance with subsection (2) to be given to, and may hear, any person who resides in the dwelling-house and is a member of the immediate family of the person charged with or convicted of the indictable offence under this Act in relation to which the property would be forfeited.

Manner of giving notice

(2) 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;

    (b) be of any duration that the court considers reasonable or that may be specified in the rules of the court; and

    (c) set out the offence charged and a description of the property.

Non-forfeitur e of real property

(3) Subject to an order made under subsection 19(3), if a court is satisfied that the impact of an order of forfeiture made under subsection 16(1) or 17(2) in respect of real property would be disproportionate to the nature and gravity of the offence, the circumstances surrounding the commission of the offence and the criminal record, if any, of the person charged with or convicted of the offence, as the case may be, it may decide not to order the forfeiture of the property or part of the property and may revoke any restraint order made in respect of that property or part.

Factors in relation to dwelling-hous e

(4) Where all or part of the property that would otherwise be forfeited under subsection 16(1) or 17(2) is a dwelling-house, when making a decision under subsection (3), the court shall also consider

    (a) the impact of an order of forfeiture on any member of the immediate family of the person charged with or convicted of the offence, if the dwelling-house was the member's principal residence at the time the charge was laid and continues to be the member's principal residence; and

    (b) whether the member referred to in paragraph (a) appears innocent of any complicity in the offence or of any collusion in relation to the offence.

54. Section 23 of the Act and the heading before it are repealed.

55. Section 55 of the Act is amended by adding the following after subsection (2):

Regulations pertaining to law enforcement under other Acts of Parliament

(2.1) The Governor in Council, on the recommendation of the Solicitor General of Canada, may, for the purpose of an investigation or other law enforcement activity conducted under another Act of Parliament, make regulations authorizing a member of a police force or other person under the direction and control of such a member to commit an act or omission - or authorizing a member of a police force to direct the commission of an act or omission - that would otherwise constitute an offence under Part I or the regulations and, without restricting the generality of the foregoing, may make regulations

    (a) authorizing the Solicitor General of Canada, or the provincial minister responsible for policing in a province, to designate a police force within the Solicitor General's jurisdiction or the minister's jurisdiction, as the case may be, for the purposes of this subsection;

    (b) exempting, on such terms and conditions as may be specified in the regulations, a member of a police force that has been designated pursuant to paragraph (a) and other persons acting under the direction and control of the member from the application of any provision of Part I or the regulations;

    (c) respecting the issuance, suspension, cancellation, duration and terms and conditions of a certificate, other document or, in exigent circumstances, an approval to obtain a certificate or other document, that is issued to a member of a police force that has been designated pursuant to paragraph (a) for the purpose of exempting the member from the application of Part I or the regulations;

    (d) respecting the detention, storage, disposal or other dealing with any controlled substance or precursor;

    (e) respecting records, reports, electronic data or other documents in respect of a controlled substance or precursor that are required to be kept and provided by any person or class of persons; and

    (f) prescribing forms for the purposes of the regulations.

56. Section 61 of the Act is replaced by the following:

References to prior enactments

61. Any reference in a designation by the Solicitor General of Canada under Part VI of the Criminal Code to an offence contrary to the Narcotic Control Act or Part III or IV of the Food and Drugs Act or any conspiracy or attempt to commit or being an accessory after the fact or any counselling in relation to such an offence shall be deemed to be a reference to an offence contrary to section 5 (trafficking), 6 (importing and exporting) or 7 (production) of this Act, as the case may be, or a conspiracy or attempt to commit or being an accessory after the fact or any counselling in relation to such an offence.

1992, c. 20

Corrections and Conditional Release Act

1996, c. 19, s. 64

57. Paragraphs 3(d) and (e) of Schedule II to the Corrections and Conditional Release Act are repealed.

1998, c. 34

Corruption of Foreign Public Officials Act

58. Sections 4 to 7 of the Corruption of Foreign Public Officials Act are repealed.

2000, c. 24

Crimes Against Humanity and War Crimes Act

59. Subsection 9(3) of the Crimes Against Humanity and War Crimes Act is replaced by the following:

Personal consent of Attorney General

(3) No proceedings for an offence under any of sections 4 to 7 of this Act, or under section 354 or subsection 462.31(1) of the Criminal Code in relation to property or proceeds obtained or derived directly or indirectly as a result of the commission of an offence under this Act, may be commenced without the personal consent in writing of the Attorney General or Deputy Attorney General of Canada, and those proceedings may be conducted only by the Attorney General of Canada or counsel acting on their behalf.

60. The heading before section 27 and sections 27 to 29 of the Act are repealed.

61. Section 31 of the Act is replaced by the following:

Credits to Fund

31. The Minister of Public Works and Government Services shall pay into the Crimes Against Humanity Fund

    (a) the net amount received from the disposition of any property referred to in subsections 4(1) to (3) of the Seized Property Management Act that is

      (i) proceeds of crime within the meaning of subsection 462.3(1) of the Criminal Code, obtained or derived directly or indirectly as a result of the commission of an offence under this Act, and

      (ii) forfeited to Her Majesty and disposed of by that Minister; and

    (b) any amount paid or recovered as a fine imposed under subsection 462.37(3) of the Criminal Code in substitution for the property referred to in paragraph (a).

R.S., c. 1 (2nd Supp.)

Customs Act

1993, c. 25, s. 89; 1997, c. 18, ss. 119, 120

62. The heading before section 163.1 and sections 163.1 to 163.3 of the Customs Act are repealed.

R.S., c. E-14

Excise Act

1993, c. 25, s. 31

63. Section 2.1 of the Excise Act is replaced by the following:

Possession

2.1 For the purposes of subsections 225(1) and (3) and 235(3), section 239.1 and subsections 240(1) and (2), where one of two or more persons, with the knowledge and consent of the rest, has anything in the person's possession, it shall be deemed to be in the custody and possession of each and all of them.

1993, c. 25, s. 38; 1997, c. 18, ss. 121, 122

64. The heading before section 126.1 and sections 126.1 to 126.3 of the Act are repealed.

R.S., c. 30 (4th Supp.)

Mutual Legal Assistance in Criminal Matters Act

65. The Mutual Legal Assistance in Criminal Matters Act is amended by adding the following after section 9.2:

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

Orders for restraint or seizure

9.3 (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.

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.

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.

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 or subsection 11(1) of the Controlled Drugs and Substances 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 or subsection 14(3) of the Controlled Drugs and Substances Act, as the case may be.

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.

Orders of forfeiture

9.4 (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 of forfeiture 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.

Grounds for refusal of request

(2) The Minister shall refuse the request if he or she

    (a) has reasonable grounds to believe that the request has been made for the purpose of punishing a person by reason of their race, sex, sexual orientation, religion, nationality, ethnic origin, language, colour, age, mental or physical disability or political opinion;

    (b) is of the opinion that enforcement of the order would prejudice an ongoing proceeding or investigation;

    (c) is of the opinion that enforcement of the order would impose an excessive burden on the resources of federal, provincial or territorial authorities;

    (d) is of the opinion that enforcement of the order might prejudice Canada's security, national interest or sovereignty; or

    (e) is of the opinion that refusal of the request is in the public interest.

Filing of order

(3) 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 all or part of 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.

Deemed filing

(4) An order that is filed under subsection (3) by an attorney general of a province is deemed to be filed by the Attorney General of Canada.

Conditions

(5) 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 convicted of an offence within the jurisdiction of the state or entity;

    (b) the offence would be an indictable offence if it were committed in Canada; and

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

Effect of registered order

(6) From the date it is filed under subsection (3), subject to subsection (4),

    (a) an order of forfeiture of proceeds of crime has the same effect as if it were an order under subsection 462.37(1) or 462.38(2) of the Criminal Code; and

    (b) an order for the forfeiture of offence-related property has the same effect as if it were an order under subsection 490.1(1) or 490.2(2) of the Criminal Code or subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act, as the case may be.

Filing of amendments

(7) When an order is filed under subsection (3), 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.

Notice

(8) When an order has been filed under subsection (3),

    (a) an order of forfeiture of proceeds of crime shall not be executed before notice in accordance with subsection 462.41(2) of the Criminal Code has been given to any person who, in the opinion of the court, appears to have a valid interest in the property; and

    (b) an order of forfeiture of offence-related property shall not be executed before

      (i) notice in accordance with subsection 490.41(2) of the Criminal Code or section 19.1(2) of the Controlled Drugs and Substances Act has been given to any person who resides in a dwelling-house that is offence-related property and who is a member of the immediate family of the person charged with or convicted of the offence in relation to which property would be forfeited, and

      (ii) notice in accordance with subsection 490.4(2) of the Criminal Code or subsection 19(2) of the Controlled Drugs and Substances Act has been given to any person who, in the opinion of the court, appears to have a valid interest in the property.

Application of Criminal Code

(9) Subsection 462.41(3) and section 462.42 of the Criminal Code apply, with any modifications that the circumstances require, to a person who claims an interest in proceeds of crime, and subsections 490.4(3) and 490.41(3) and section 490.5 of the Criminal Code and subsections 19(3) and 20(4) of the Controlled Drugs and Substances Act apply, with any modifications that the circumstances require, to a person who claims an interest in offence-related property.

Previous Page Table of Contents Next Page