;

Bill C-70

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First Reading

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ADMINISTRATIVE MONETARY PENALTIES

Violation

Commission of violation

33. Every person who contravenes a provision designated by regulations made under paragraph 34(1)(a) or contravenes an order made under section 45.1 or 45.2 or reviewed under section 45.4 commits a violation and is liable to the penalty established in accordance with the provisions of this Act and the regulations.

Powers of the Governor in Council and Minister

Regulations

34. (1) The Governor in Council may make regulations

(a) designating as a violation that may be proceeded with in accordance with this Act the contravention of any specified provision of this Act or the regulations;

(b) fixing a penalty, or a range of penalties, in respect of each violation;

(d) respecting the circumstances under which, the criteria by which and the manner in which a penalty may be increased or reduced, including a reduction in the amount that is provided for in a compliance agreement.

Maximum penalty

(2) The maximum penalty for a violation is $30,000.

Criteria for penalty

35. Unless a penalty is fixed under paragraph 34(1)(b), the amount of a penalty shall, in each case, be determined taking into account

(a) the history of compliance with the provisions of this Act or the regulations by the person who committed the violation;

(b) the harm to public health or safety that resulted or could have resulted from the violation;

(d) whether the person derived any competitive or economic benefit from the violation; and

(e) any other prescribed criteria.

Notices of violation

36. The Minister may

(a) designate individuals, or classes of individuals, who are authorized to issue notices of violation; and

(b) establish, in respect of each violation, a short-form description to be used in notices of violation.

Proceedings

Issuance of notice of violation

37. (1) If a person who is designated under paragraph 36(a) believes on reasonable grounds that a person has committed a violation, the designated person may issue, and shall provide the person with, a notice of violation that

(a) sets out the person’s name;

(b) identifies the alleged violation;

(d) sets out the particulars concerning the time and manner of payment.

Summary of rights

(2) A notice of violation shall clearly summarize, in plain language, the rights and obligations of the named person under this section and sections 38 to 43.7, including the right to have the acts or omissions that constitute the alleged violation or the amount of the penalty reviewed and the procedure for requesting that review.

Penalties

Payment

38. (1) If the person named in the notice pays, in the prescribed time and manner, the amount of the penalty,

(a) they are deemed to have committed the violation in respect of which the amount is paid;

(b) the Minister shall accept that amount as complete satisfaction of the penalty; and

Alternatives to payment

(2) Instead of paying the penalty set out in a notice of violation, the person named in the notice may, in the prescribed time and manner,

(a) if the penalty is $5,000 or more, request to enter into a compliance agreement with the Minister that ensures the person’s compliance with the order to which the violation relates; or

(b) request a review by the Minister of the acts or omissions that constitute the alleged violation or the amount of the penalty.

Deeming

(3) If the person named in the notice of violation does not pay the penalty in the prescribed time and manner and does not exercise any right referred to in subsection (2) in the prescribed time and manner, they are deemed to have committed the violation identified in the notice.

Compliance Agreements

Compliance agreements

39. (1) After considering a request under paragraph 38(2)(a), the Minister may enter into a compliance agreement, as described in that paragraph, with the person making the request on any terms and conditions that are satisfactory to the Minister. The terms and conditions may

(a) include a provision for the giving of reasonable security, in a form and in an amount satisfactory to the Minister, as a guarantee that the person will comply with the compliance agreement; and

(b) provide for the reduction, in whole or in part, of the penalty for the violation.

Deeming

(2) A person who enters into a compliance agreement with the Minister is, on doing so, deemed to have committed the violation in respect of which the compliance agreement was entered into.

Notice of compliance

(3) If the Minister is satisfied that a person who has entered into a compliance agreement has complied with it, the Minister shall cause a notice to that effect to be provided to the person, at which time

(a) the proceedings commenced in respect of the violation under section 37 are ended; and

(b) any security given by the person under the compliance agreement shall be returned to the person.

Notice of default

(4) If the Minister is of the opinion that a person who has entered into a compliance agreement has not complied with it, the Minister shall cause a notice of default to be provided to the person to the effect that

(a) instead of the penalty set out in the notice of violation in respect of which the compliance agreement was entered into, the person is liable to pay, in the prescribed time and manner, twice the amount of that penalty, and, for greater certainty, subsection 34(2) does not apply in respect of that amount; or

(b) the security, if any, given by the person under the compliance agreement shall be forfeited to Her Majesty in right of Canada.

Effect of notice of default

(5) Once provided with the notice of default, the person may not deduct from the amount set out in the notice any amount they spent under the compliance agreement and

(a) the person is liable to pay the amount set out in the notice; or

(b) if the notice provides for the forfeiture of the security given under the compliance agreement, that security is forfeited to Her Majesty in right of Canada and the proceedings commenced in respect of the violation under section 37 are ended.

Effect of payment

(6) If a person pays the amount set out in the notice of default in the prescribed time and manner,

(a) the Minister shall accept the amount as complete satisfaction of the amount owing; and

(b) the proceedings commenced in respect of the violation under section 37 are ended.

Refusal to enter into compliance agreement

40. (1) If the Minister refuses to enter into a compliance agreement requested under paragraph 38(2)(a), the person who made the request is liable to pay the amount of the penalty in the prescribed time and manner.

Effect of payment

(2) If a person pays the amount referred to in subsection (1),

(a) they are deemed to have committed the violation in respect of which the payment is made;

(b) the Minister shall accept the amount as complete satisfaction of the penalty; and

Deeming

(3) If a person does not pay the amount referred to in subsection (1) in the prescribed time and manner, they are deemed to have committed the violation identified in the notice of violation.

Review by the Minister

Review — with respect to facts

41. (1) On completion of a review requested under paragraph 38(2)(b) with respect to the acts or omissions that constitute the alleged violation, the Minister shall determine whether the person who requested the review committed the violation. If the Minister determines that the person committed the violation but that the amount of the penalty was not established in accordance with the provisions of this Act and the regulations, the Minister shall correct the amount.

Violation not committed — effect

(2) If the Minister determines under subsection (1) that the person who requested the review did not commit the violation, the proceedings commenced in respect of it under section 37 are ended.

Review — with respect to penalty

(3) On completion of a review requested under paragraph 38(2)(b) with respect to the amount of the penalty, the Minister shall determine whether the amount of the penalty was established in accordance with the provisions of this Act and the regulations and, if not, the Minister shall correct the amount.

Notice of decision

(4) The Minister shall cause a notice of any decision made under subsection (1) or (3) to be provided to the person who requested the review.

Payment

(5) The person is liable to pay, in the prescribed time and manner, the amount of the penalty that is confirmed or corrected in the Minister’s decision made under subsection (1) or (3).

Effect of payment

(6) If a person pays the amount referred to in subsection (5),

(a) the Minister shall accept the amount as complete satisfaction of the penalty; and

(b) the proceedings commenced in respect of the violation under section 37 are ended.

Written evidence and submissions

(7) The Minister is to consider only written evidence and written submissions in determining whether a person committed a violation or whether the amount of a penalty was established in accordance with the provisions of this Act and the regulations.

Enforcement

Debts to Her Majesty

42. (1) The following amounts constitute debts due to Her Majesty in right of Canada that may be recovered in the Federal Court:

(a) the amount of a penalty, from the time the notice of violation setting out the penalty is provided;

(b) every amount set out in a compliance agreement entered into with the Minister under subsection 39(1), from the time the compliance agreement is entered into;

(d) the amount of a penalty as set out in a decision of the Minister made under subsection 41(1) or (3), from the time the notice of that decision is provided.

Time limit

(2) No proceedings to recover a debt referred to in subsection (1) may be commenced later than five years after the debt became payable.

Debt final

(3) A debt referred to in subsection (1) is final and not subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with except to the extent and in the manner provided by sections 38 to 41.

Certificate of default

43. (1) Any debt referred to in subsection 42(1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister.

Judgments

(2) On production to the Federal Court, the certificate shall be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in that Court for a debt of the amount specified in it and all reasonable costs and charges associated with the registration of the certificate.

Rules About Violations

Certain defences not available

43.1 (1) A person named in a notice of violation does not have a defence by reason that the person

(a) exercised due diligence to prevent the violation; or

(b) reasonably and honestly believed in the existence of facts that, if true, would exonerate the person.

Common law principles

(2) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act.

Burden of proof

43.2 In every case when the facts of a violation are reviewed by the Minister, he or she shall determine, on a balance of probabilities, whether the person named in the notice of violation committed the violation identified in the notice.

Violation by corporate officers, etc.

43.3 If a person other than an individual commits a violation under this Act, any of the person’s directors, officers, agents or mandataries who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to and liable for the violation whether or not the person who actually committed the violation is proceeded against under this Act.

Vicarious liability — acts of employees and agents

43.4 A person is liable for a violation that is committed by any employee, agent or mandatary of the person acting in the course of the employee’s employment or the scope of the agent or mandatary’s authority, whether or not the employee, agent or mandatary who actually committed the violation is identified or proceeded against under this Act.

Continuing violation

43.5 A violation that is continued on more than one day constitutes a separate violation in respect of each day on which it is continued.

Other Provisions

Evidence

43.6 In any proceeding in respect of a violation or a prosecution for an offence, a notice of violation purporting to be issued under this Act is admissible in evidence without proof of the signature or official character of the person appearing to have signed the notice of violation.

Time limit

43.7 Proceedings in respect of a violation shall not be commenced later than six months after the Minister becomes aware of the acts or omissions that constitute the alleged violation.

How act or omission may be proceeded with

43.8 If an act or omission can be proceeded with either as a violation or as an offence, proceeding in one manner precludes proceeding in the other.

Certification by Minister

43.9 A document appearing to have been issued by the Minister, certifying the day on which the acts or omissions that constitute the alleged violation became known to the Minister, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and, in the absence of evidence to the contrary, is proof that the Minister became aware of the acts or omissions on that day.

Publication of information

43.91 The Minister may, for the purpose of encouraging compliance with the provisions of this Act and the regulations, publish information about any violation after proceedings in respect of it are ended.

30. Subsection 45(1) of the Act is replaced by the following:

Analysis

45. (1) A peace officer, inspector or prescribed person may submit to an analyst for analysis or examination any substance or sample of it taken by the peace officer, inspector or prescribed person.

31. The Act is amended by adding the following after section 45:

Ministerial Orders

Provision of information

45.1 The Minister may, by order, require a person who is authorized under this Act to conduct activities in relation to controlled substances or precursors to provide the Minister, in the time and manner that the Minister specifies, with any information respecting those activities that the Minister considers necessary

(a) to verify compliance or prevent non-compliance with the provisions of this Act or the regulations; or

(b) to address an issue of public health or safety.

Measures

45.2 The Minister may, by order, require a person who is authorized under this Act to conduct activities in relation to controlled substances or precursors to take measures, in the time and manner that the Minister specifies, to prevent non-compliance with the provisions of this Act or the regulations or, if the Minister has reasonable grounds to believe that there is such non-compliance, to remedy it.

Review officer

45.3 The Minister may designate any qualified individual or class of qualified individuals as review officers for the purpose of reviewing orders under section 45.4.

Request for review

45.4 (1) Subject to any other provision of this section, an order that is made under section 45.1 or 45.2 shall be reviewed on the written request of the person who was ordered to provide information or to take measures — but only on grounds that involve questions of fact alone or questions of mixed law and fact — by a review officer other than the individual who made the order.

Contents of and time for making request

(2) The written request shall state the grounds for review and set out the evidence — including evidence that was not considered by the individual who made the order — that supports those grounds and the decision that is sought. It shall be provided to the Minister within seven days after the day on which the order was provided.

No authority to review

(3) The review is not to be done if the request does not comply with subsection (2) or is frivolous, vexatious or not made in good faith.

Reasons for refusal

(4) The person who made the request shall, without delay, be notified in writing of the reasons for not doing the review.

Review initiated by review officer

(5) A review officer — other than the individual who made the order — may review an order, whether or not a request is made under subsection (1).

Order in effect

(6) An order continues to apply during a review unless the review officer decides otherwise.

Completion of review

(7) A review officer shall complete the review no later than 30 days after the day on which the request is provided to the Minister.

Extension of period for review

(8) The review officer may extend the review period by no more than 30 days if they are of the opinion that more time is required to complete the review. They may extend the review period more than once.

Reasons for extension

(9) If the review period is extended, the person who made the request shall, without delay, be notified in writing of the reasons for extending it.

Decision on completion of review

(10) On completion of a review, the review officer shall confirm, amend, terminate or cancel the order.

Written notice

(11) The person who made the request or, if there is no request, the person who was ordered to provide information or to take measures shall, without delay, be notified in writing of the reasons for the review officer’s decision under subsection (10).

Effect of amendment

(12) An order that is amended is subject to review under this section.

Statutory Instruments Act

45.5 The Statutory Instruments Act does not apply in respect of an order made under section 45.1 or 45.2.

32. The portion of section 46 of the Act before paragraph (a) is replaced by the following:

Penalty

46. Every person who contravenes a provision of this Act for which punishment is not otherwise provided, a provision of a regulation, or an order made under section 45.1 or 45.2

33. Section 47 of the Act is replaced by the following:

Limitation

47. (1) No summary conviction proceedings in respect of an offence under subsection 4(2) or 32(2) or the regulations or in respect of a contravention of an order made under section 45.1 or 45.2 shall be commenced after the expiry of one year after the time when the subject matter of the proceedings arose.

Venue

(2) Proceedings in respect of a contravention of any provision of this Act or the regulations or of an order made under section 45.1 or 45.2 may be held in the place where the offence was committed or where the subject matter of the proceedings arose or in any place where the accused is apprehended or happens to be located.

34. (1) Subsection 51(1) of the Act is replaced by the following:

Certificate of analyst

51. (1) A certificate or report prepared by an analyst under subsection 45(2) is admissible in evidence in any prosecution for an offence under this Act or any other Act of Parliament and, in the absence of evidence to the contrary, is proof of the statements set out in the certificate or report, without proof of the signature or official character of the person appearing to have signed it.

(2) Subsection 51(3) of the Act is repealed.

35. (1) Paragraphs 55(1)(c) and (d) of the Act are replaced by the following:

(c) respecting the issuance, suspension, cancellation, duration and terms and conditions of any class of licence for the importation into Canada, exportation from Canada, production, packaging, sale, provision or administration of any substance included in Schedule I, II, III, IV, V or VI or any class of those substances;

(d) respecting the issuance, suspension, cancellation, duration and terms and conditions of any permit for the importation into Canada, exportation from Canada or production of a substance included in Schedule I, II, III, IV, V or VI or any class of those substances as well as the amount of those substances or any class of those substances that may be imported, exported or produced under such a permit;

(2) Paragraph 55(1)(e) of the French version of the Act is replaced by the following:

e) fixer les droits exigibles pour la demande de délivrance des licences et permis visés aux alinéas c) et d);

(3) Subsection 55(1) of the Act is amended by adding the following after paragraph (i):

(i.1) specifying controlled substances or classes of controlled substances that must have tamper-resistant properties;

(i.2) providing that the Minister may authorize any person to conduct any of the activities referred to in paragraph (a) in relation to a controlled substance or a class of controlled substances that is specified under paragraph (i.1) if the Minister is satisfied, on the basis of scientific evidence, that the substance or the class has tamper-resistant properties;

(i.3) respecting the issuance, suspension, cancellation, duration and terms and conditions of any authorization referred to in paragraph (i.2);

(4) Paragraphs 55(1)(m) and (n) of the Act are replaced by the following:

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

(n) respecting the qualifications for inspectors and their powers and duties in relation to verifying compliance or preventing non-compliance with the provisions of this Act or the regulations;

(5) Paragraphs 55(1)(p) and (q) of the Act are replaced by the following:

(p) respecting the detention and disposition of or otherwise dealing with any controlled substance, precursor, offence-related property or conveyance;

(6) Paragraph 55(1)(s) of the Act is replaced by the following:

(s) respecting the collection, use, retention, disclosure and disposal of information, including personal information, as defined in section 3 of the Privacy Act, and confidential business information, as defined in section 2 of the Canada Consumer Product Safety Act;

(7) Paragraph 55(1)(u) of the Act is replaced by the following:

(u) respecting the provision of information under section 45.1;

(u.1) respecting the measures referred to in section 45.2;

(u.2) respecting the review of orders under section 45.4;

(8) Paragraphs 55(1)(x) and (y) of the Act are replaced by the following:

(x) amending the definitions “alkaloid”, “analogue”, “derivative”, “intermediate”, “isomer”, “preparation” and “salt”;

(9) Paragraph 55(1)(z) of the English version of the Act is replaced by the following:

(z) exempting, on any terms and conditions that are specified in the regulations, any person or class of persons or any controlled substance or precursor or any class of controlled substances or precursors from the application of any provision of this Act or the regulations; and

2005, c. 10, s. 15(1)

(10) The portion of subsection 55(2) of the Act before paragraph (d) is replaced by the following:

Regulations pertaining to law enforcement

(2) The Governor in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, may make regulations that pertain to investigations and other law enforcement activities conducted under this Act by a member of a police force or of the military police and other persons acting under the direction and control of the member and, without restricting the generality of the foregoing, may make regulations

(a) authorizing, for the purposes of this subsection,

(i) the Minister of Public Safety and Emergency Preparedness or the provincial minister responsible for policing in a province, as the case may be, to designate a police force within their jurisdiction, or

(ii) the Minister of National Defence to designate military police;

(b) exempting, on any terms and conditions that are specified in the regulations, a member of a police force or of the military police that has been designated under 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 or of the military police that has been designated under paragraph (a) for the purpose of exempting the member from the application of any provision of this Act or the regulations;

(11) Paragraph 55(2)(d) of the English version of the Act is replaced by the following:

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

2001, c. 32, s. 55; 2005, c. 10, s. 15(2)

(12) The portion of subsection 55(2.1) of the Act before paragraph (d) is replaced by the following:

Regulations pertaining to law enforcement under other Acts

(2.1) The Governor in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, 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 of the military police or other person under the direction and control of the member to commit an act or omission — or authorizing a member of a police force or of the military police 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, for the purposes of this subsection,

(ii) the Minister of National Defence to designate military police;

2001, c. 32, s. 55

(13) Paragraph 55(2.1)(d) of the English version of the Act is replaced by the following:

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

(14) Subsection 55(3) of the Act is replaced by the following:

Externally produced material

(3) A regulation made under this Act may incorporate by reference a document, or part of a document, produced by a person or body other than the Minister who recommends the making of the regulation, including by

(a) an organization established for the purpose of writing standards, including an organization accredited by the Standards Council of Canada;

(b) an industrial or trade organization; or

Reproduced or translated material

(4) A regulation made under this Act may incorporate by reference a document that the Minister who recommends the making of the regulation reproduces or translates from a document, or part of a document, produced by a body or person other than that Minister

(a) with any adaptations of form and reference that will facilitate its incorporation into the regulation; or

(b) in a form that sets out only the parts of it that apply for the purposes of the regulation.

Jointly produced documents

(5) A regulation made under this Act may incorporate by reference a document, or part of a document, that the Minister who recommends the making of the regulation produces jointly with another government for the purpose of harmonizing the regulation with other laws.

Internally produced standards

(6) A regulation made under this Act may incorporate by reference a technical or explanatory document, or part of such a document, that the Minister who recommends the making of the regulation produces, either alone or jointly with a person or body in the federal public administration, including

(a) specifications, classifications, illustrations, graphs or other information of a technical nature; and

(b) test methods, procedures, operational standards, safety standards or performance standards of a technical nature.

Static or ambulatory incorporation

(7) A document may be incorporated by reference as it exists on a particular date or as it is amended from time to time.

For greater certainty

(8) Subsections (3) to (7) are for greater certainty and do not limit any authority to make regulations incorporating material by reference that exists apart from those subsections.

36. Section 60 of the Act is replaced by the following:

Compliance with terms and conditions

59.1 The holder of a licence, permit, authorization or exemption shall comply with its terms and conditions.

Schedules

60. The Governor in Council may, by order, amend any of Schedules I to IV and VI to VIII by adding to them or deleting from them any item or portion of an item, if the Governor in Council considers the amendment to be necessary in the public interest.

Schedule V

60.1 (1) The Minister may, by order, add to Schedule V any item or portion of an item for a period of up to one year, or extend that period by up to another year, if the Minister has reasonable grounds to believe that it

(a) poses a significant risk to public health or safety; or

(b) may pose a risk to public health or safety and

(i) is being imported into Canada with no legitimate purpose, or

(ii) is being distributed in Canada with no legitimate purpose.

Deletions

(2) The Minister may, by order, delete any item or portion of an item from Schedule V.

37. Subitem 1(2) of Schedule II to the Act is replaced by the following:

(2) Cannabis (marijuana)

SOR/2002-361, s. 1; SOR/2003-32, s. 7

38. Schedule V to the Act is replaced by the Schedule V set out in the schedule to this Act.

39. (1) Item 2 of Schedule VII to the Act is replaced by the following:

Substance	Amount
2. Cannabis (marijuana)	3 kg

(2) Schedule VII to the Act is amended by adding the following after item 2:

Substance	Amount
3. Any preparation that contains a substance set out in Schedule II, except the substances set out in subitems 1(8) and (9)	3 kg

SOR/97-230, s. 16

40. (1) Item 2 of Schedule VIII to the Act is replaced by the following:

Substance	Amount
2. Cannabis (marijuana)	30 g

(2) Schedule VIII to the Act is amended by adding the following after item 2:

Substance	Amount
3. Any preparation that contains a substance set out in Schedule II, except the substances set out in subitems 1(8) and (9)	1 g

RELATED AMENDMENTS

R.S., c. C-46

Criminal Code

2001, c. 41, s. 4

41. (1) Paragraphs 83.13(4)(a) and (b) of the Criminal Code are replaced by the following:

(a) the power to make an interlocutory sale of perishable or rapidly depreciating property;

(b) the power to destroy, in accordance with subsections (5) to (8), property that has little or no value; and

(c) the power to have property, other than real property or a conveyance, forfeited to Her Majesty in right of Canada in accordance with subsection (8.1).

2001, c. 41, s. 4

(2) Subsection 83.13(5) of the Act is replaced by the following:

Application for destruction order

(5) Before a person who is appointed to manage property destroys property that has little or no value, he or she shall apply to a judge of the Federal Court for a destruction order.

2001, c. 41, s. 4

(3) Subsection 83.13(6) of the English version of the Act is replaced by the following:

Notice

(6) Before making a destruction order, a judge shall require notice in accordance with subsection (7) to be given to and may hear any person who, in the opinion of the judge, appears to have a valid interest in the property.

2001, c. 41, s. 4

(4) Subsections 83.13(7) to (9) of the Act are replaced by the following:

Manner of giving notice

(7) A notice shall

(a) be given in the manner that the judge directs or that may be specified in the rules of the Federal Court; and

(b) specify the effective period of the notice that the judge considers reasonable or that may be set out in the rules of the Federal Court.

Destruction order

(8) A judge shall order that the property be destroyed if he or she is satisfied that the property has little or no financial or other value.

Forfeiture order

(8.1) On application by a person who is appointed to manage the property, a judge of the Federal Court shall order that the property, other than real property or a conveyance, be forfeited to Her Majesty in right of Canada to be disposed of or otherwise dealt with in accordance with the law if

(a) a notice is given or published in the manner that the judge directs or that may be specified in the rules of the Federal Court;

(b) the notice specifies a period of 60 days during which a person may make an application to the judge asserting their interest in the property; and

When management order ceases to have effect

(9) 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, destroyed or forfeited to Her Majesty.

For greater certainty

(9.1) For greater certainty, when property that is the subject of a management order is sold, the management order applies to the net proceeds of the sale.

2001, c. 41, s. 4

42. Subsection 83.14(5) of the French version of the Act is replaced by the following:

Confiscation

(5) S’il est convaincu, selon la prépondérance des probabilités, que les biens sont visés par les alinéas (1)a) ou b), le juge ordonne la confiscation des biens au profit de Sa Majesté; l’ordonnance prévoit qu’il est disposé de ces biens selon les instructions du procureur général ou autrement en conformité avec le droit applicable.

43. Paragraph (d) of the definition “offence” in section 183 of the Act is amended by striking out “or” at the end of subparagraph (ii), by adding “or” at the end of subparagraph (iii) and by adding the following after subparagraph (iii):

(iv) section 7.1 (possession, etc., for use in production or trafficking),

R.S., c. 42 (4th Supp.), s. 2

44. Paragraph 462.32(4)(a) of the French version of the Act is replaced by the following:

a) détenir — ou faire détenir — les biens saisis en prenant les précautions normales pour garantir leur préservation jusqu’à ce qu’il ait été statué à leur égard conformément au droit applicable;

2001, c. 32, s. 16

45. (1) Paragraphs 462.331(3)(a) and (b) of the Act are replaced by the following:

(a) the power to make an interlocutory sale of perishable or rapidly depreciating property;

(b) the power to destroy, in accordance with subsections (4) to (7), property that has little or no value; and

(c) the power to have property, other than real property or a conveyance, forfeited to Her Majesty in right of Canada in accordance with subsection (7.1).

2001, c. 32, s. 16

(2) Subsections 462.331(4) and (5) of the Act are replaced by the following:

Application for destruction order

(4) Before a person who is 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, 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.

2001, c. 32, s. 16

(3) Paragraphs 462.331(6)(a) and (b) of the Act are replaced by the following:

(a) be given in the manner that the court directs or that may be specified in the rules of the court; and

(b) specify the effective period of the notice that the court considers reasonable or that may be set out in the rules of the court.

2001, c. 32, s. 16

(4) Subsections 462.331(7) and (8) of the Act are replaced by the following:

Destruction order

(7) A court shall order that the property be destroyed if it is satisfied that the property has little or no financial or other value.

Forfeiture order

(7.1) On application by a person who is appointed to manage the property, a court shall order that the property, other than real property or a conveyance, be forfeited to Her Majesty in right of Canada to be disposed of or otherwise dealt with in accordance with the law if

(a) a notice is given or published in the manner that the court directs or that may be specified in the rules of the court;

(b) the notice specifies a period of 60 days during which a person may make an application to the court asserting their interest in the property; and

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, destroyed or forfeited to Her Majesty.

For greater certainty

(8.1) For greater certainty, when property that is the subject of a management order is sold, the management order applies to the net proceeds of the sale.

2001, c. 32, s. 19

46. (1) Subsections 462.37(1) and (2) of the Act are replaced by the following:

Order of forfeiture of property

462.37 (1) Subject to this section and sections 462.39 to 462.41, if an offender is convicted, or discharged under section 730, of a designated offence and the court imposing sentence on or discharging the offender, on application of the Attorney General, is satisfied, on a balance of probabilities, that any property is proceeds of crime obtained through the commission of the designated offence, 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 — other offences

(2) If the evidence does not establish to the satisfaction of the court that property in respect of which an order of forfeiture would otherwise be made under subsection (1) was obtained through the commission of the designated offence of which the offender is convicted or discharged, but the court is satisfied, beyond a reasonable doubt, that the property is proceeds of crime, the court may make an order of forfeiture under subsection (1) in relation to that property.

2005, c. 44, s. 6(1)

(2) Subsection 462.37(2.01) of the French version of the Act is replaced by the following:

Confiscation — circonstances particulières

(2.01) Dans le cas où le contrevenant est condamné pour une infraction mentionnée au paragraphe (2.02), le tribunal qui détermine la peine à infliger est tenu, sur demande du procureur général et sous réserve des autres dispositions du présent article et des articles 462.4 et 462.41, d’ordonner la confiscation au profit de Sa Majesté des biens du contrevenant précisés par le procureur général dans la demande et de prévoir dans l’ordonnance qu’il est disposé de ces biens selon les instructions du procureur général ou autrement en conformité avec le droit applicable, s’il est convaincu, selon la prépondérance des probabilités, de l’un ou l’autre des faits suivants :

a) le contrevenant s’est livré, dans les dix ans précédant l’inculpation relative à l’infraction en cause, à des activités criminelles répétées visant à lui procurer, directement ou indirectement, un avantage matériel, notamment pécuniaire;

b) le revenu du contrevenant de sources non liées à des infractions désignées ne peut justifier de façon raisonnable la valeur de son patrimoine.

2001, c. 32, s. 20(2)

47. (1) Paragraph 462.38(2)(b) of the Act is replaced by the following:

(b) that property was obtained through the commission of a designated offence in respect of which proceedings were commenced, and

R.S., c. 42 (4th Supp.), s. 2

(2) The portion of subsection 462.38(2) of the French version of the Act after paragraph (c) is replaced by the following:

L’ordonnance prévoit qu’il est disposé de ces biens selon les instructions du procureur général ou autrement en conformité avec le droit applicable.

R.S., c. 42 (4th Supp.), s. 2

48. The portion of subsection 462.41(2) of the Act before paragraph (c) is replaced by the following:

Manner of giving notice

(2) A 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 make an application to the court asserting their interest in the property; and

49. The portion of subsection 462.43(1) of the French version of the Act after paragraph (c) is replaced by the following:

toutefois, si le saisi ou la personne qui l’a remis à l’administrateur n’en avait pas la possession légitime et si le véritable propriétaire ou la personne qui a droit à sa possession légitime est inconnu, le juge peut en ordonner la confiscation au profit de Sa Majesté, l’ordonnance prévoyant qu’il est disposé du bien selon les instructions du procureur général ou autrement en conformité avec le droit applicable.

R.S., c. 27 (1st Supp.), s. 73; 1997, c. 18, s. 50(2)

50. The portion of subsection 490(9) of the French version of the Act after paragraph (d) is replaced by the following:

en cas d’illégalité de la possession de cette chose par la personne entre les mains de qui elle a été saisie, ou si nul n’en avait la possession au moment de la saisie, et lorsque ne sont pas connus le propriétaire légitime ni la personne ayant droit à la possession de cette chose, le juge peut en outre ordonner qu’elle soit confisquée au profit de Sa Majesté; il en est alors disposé selon les instructions du procureur général ou autrement en conformité avec le droit applicable.

1997, c. 23, s. 15; 2007, c. 13, ss. 8(1) and (2)

51. Subsections 490.1(1) and (2) of the Act are replaced by the following:

Order of forfeiture of property on conviction

490.1 (1) Subject to sections 490.3 to 490.41, if a person is convicted, or discharged under section 730, of an indictable offence under this Act or the Corruption of Foreign Public Officials Act and, on application of the Attorney General, the court is satisfied, on a balance of probabilities, that offence-related property is related to the commission of the offence, the court shall

(a) if the prosecution of the offence was commenced at the instance of the government of a province and conducted by or on behalf of that government, order that the property be forfeited to Her Majesty in right of that province to be disposed of or otherwise dealt with in accordance with the law by the Attorney General or Solicitor General of that province; and

(b) in any other case, order that the property be forfeited to Her Majesty in right of Canada to be disposed of or otherwise dealt with in accordance with the law by the member of the Queen’s Privy Council for Canada that is designated by the Governor in Council for the purpose of this paragraph.

Property related to other offences

(2) Subject to sections 490.3 to 490.41, if the evidence does not establish to the satisfaction of the court that property in respect of which an order of forfeiture would otherwise be made under subsection (1) is related to the commission of the indictable offence under this Act or the Corruption of Foreign Public Officials Act of which a person is convicted or discharged, but the court is satisfied, beyond a reasonable doubt, that the property is offence-related property, the court may make an order of forfeiture under subsection (1) in relation to that property.

1997, c. 23, s. 15

52. Paragraphs 490.2(4)(a) and (b) of the Act are replaced by the following:

1997, c. 23, s. 15

53. The portion of subsection 490.4(2) of the Act before paragraph (c) is replaced by the following:

Manner of giving notice

(2) A notice shall

(a) be given in the manner that the court directs or that may be specified in the rules of the court;

2001, c. 32, s. 33

54. Paragraphs 490.41(2)(a) and (b) of the Act are replaced by the following:

(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 member of the immediate family who resides in the dwelling-house may make themselves known to the court; and

2001, c. 32, s. 36

55. (1) Paragraphs 490.81(3)(a) and (b) of the Act are replaced by the following:

(a) the power to make an interlocutory sale of perishable or rapidly depreciating property;

(b) the power to destroy, in accordance with subsections (4) to (7), property that has little or no value; and

(c) the power to have property, other than real property or a conveyance, forfeited to Her Majesty in right of Canada in accordance with subsection (7.1).

2001, c. 32, s. 36

(2) Subsections 490.81(4) and (5) of the Act are replaced by the following:

Application for destruction order

(4) Before a person who is 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

2001, c. 32, s. 36

(3) Paragraphs 490.81(6)(a) and (b) of the Act are replaced by the following:

(a) be given in the manner that the court directs or that may be specified in the rules of the court; and

(b) specify the effective period of the notice that the court considers reasonable or that may be set out in the rules of the court.

2001, c. 32, s. 36

(4) Subsections 490.81(7) and (8) of the Act are replaced by the following:

Destruction order

(7) A court shall order that the property be destroyed if it is satisfied that the property has little or no financial or other value.

Forfeiture order

(a) a notice is given or published in the manner that the court directs or that may be specified in the rules of the court;

(b) the notice specifies a period of 60 days during which a person may make an application to the court asserting their interest in the property; and

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, destroyed or forfeited to Her Majesty.

For greater certainty

(8.1) For greater certainty, when property that is the subject of a management order is sold, the management order applies to the net proceeds of the sale.

R.S., c. 27 (1st Supp.), s. 74

56. Paragraph 491.1(2)(b) of the French version of the Act is replaced by the following:

b) confiscation au profit de Sa Majesté, si leur propriétaire légitime ou la personne qui a droit à leur possession légitime ne sont pas connus, pour qu’il en soit disposé selon que l’ordonne le procureur général ou autrement en conformité avec le droit applicable.

1993, c. 37

Seized Property Management Act

2001, c. 41, ss. 135(6) and (7)

57. Paragraphs 4(1)(a) and (b) of the Seized Property Management Act are replaced by the following:

(a) seized under a warrant issued under section 83.13, 462.32 or 487 of the Criminal Code or section 11 of the Controlled Drugs and Substances Act on the application of the Attorney General and that the Minister is appointed to manage under subsection 83.13(3), 462.331(2) or 490.81(2) of the Criminal Code or subsection 15.1(2) of the Controlled Drugs and Substances Act, as the case may be;

(b) subject to a restraint order made under section 83.13, 462.33 or 490.8 of the Criminal Code or section 14 of the Controlled Drugs and Substances Act on the application of the Attorney General and that the Minister is appointed to manage under subsection 83.13(3), 462.331(2) or 490.81(2) of the Criminal Code or subsection 15.1(2) of the Controlled Drugs and Substances Act, as the case may be;

2001, c. 41, s. 135(8)

58. Subsection 5(1) of the Act is replaced by the following:

Transfer of property

5. (1) Every person who has control of any property that is subject to a management order issued under subsection 83.13(2), 462.331(1) or 490.81(1) of the Criminal Code, subsection 15.1(1) of the Controlled Drugs and Substances Act or subsection 7(1) of this Act shall, as soon as practicable after the order is issued, transfer the control of the property to the Minister, except for any property or any part of the property that is needed as evidence or is necessary for the purposes of an investigation.

2001, c. 32, s. 77

59. (1) Paragraphs 7(2)(a) and (b) of the Act are replaced by the following:

(a) the power to make an interlocutory sale of perishable or rapidly depreciating property;

(b) the power to destroy, in accordance with subsections (2.1) to (2.4), property that has little or no value; and

(c) the power to have property, other than real property or a conveyance, forfeited to Her Majesty in right of Canada in accordance with subsection (2.5).

2001, c. 32, s. 77

(2) Subsection 7(2.2) of the Act is replaced by the following:

Notice

(2.2) Before making a destruction order, a court shall require notice in accordance with subsection (2.3) 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.

2001, c. 32, s. 77

(3) Paragraphs 7(2.3)(a) and (b) of the Act are replaced by the following:

(a) be given in the manner that the court directs or that may be specified in the rules of the court; and

(b) specify the effective period of the notice that the court considers reasonable or that may be set out in the rules of the court.

2001, c. 32, s. 77

(4) Subsections 7(2.4) and (3) of the Act are replaced by the following:

Destruction order

(2.4) A court shall order that the property be destroyed if it is satisfied that the property has little or no financial or other value.

Forfeiture order

(2.5) On application by the Minister, a court shall order that the property, other than real property or a conveyance, be forfeited to Her Majesty in right of Canada and disposed of or otherwise dealt with in accordance with the law if

(a) a notice is given or published in the manner that the court directs or that may be specified in the rules of the court;

(b) the notice specifies a period of 60 days during which a person may make an application to the court asserting their interest in the property; and

When management order ceases to have effect

(3) 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, destroyed or forfeited to Her Majesty.

For greater certainty

(4) For greater certainty, when property that is the subject of a management order is sold, the management order applies to the net proceeds of the sale.

Explanatory Notes

Clause 30: Existing text of subsection 45(1):

45. (1) An inspector or peace officer may submit to an analyst for analysis or examination any substance or sample thereof taken by the inspector or peace officer.

Clause 31: New.

Clause 32: Relevant portion of section 46:

46. Every person who contravenes a provision of this Act for which punishment is not otherwise provided or a regulation, other than a designated regulation within the meaning of Part V,

Clause 33: Existing text of section 47:

47. (1) No summary conviction proceedings in respect of an offence under subsection 4(2) or 32(2), section 43 or the regulations shall be commenced after the expiration of one year after the time when the subject-matter of the proceedings arose.

(2) Proceedings in respect of a contravention of any provision of this Act or the regulations may be held in the place where the offence was committed or where the subject-matter of the proceedings arose or in any place where the accused is apprehended or happens to be located.

Clause 34: (1) Existing text of subsection 51(1):

51. (1) Subject to this section, a certificate or report prepared by an analyst under subsection 45(2) is admissible in evidence in any prosecution for an offence under this Act or the regulations or any other Act of Parliament and, in the absence of evidence to the contrary, is proof of the statements set out in the certificate or report, without proof of the signature or official character of the person appearing to have signed it.

(2) Existing text of subsection 51(3):

(3) Unless the court otherwise orders, no certificate or report shall be received in evidence under subsection (1) unless the party intending to produce it has, before its production at trial, given to the party against whom it is intended to be produced reasonable notice of that intention, together with a copy of the certificate or report.

Clause 35: (1) to (9) Relevant portion of subsection 55(1):

55. (1) The Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including the regulation of the medical, scientific and industrial applications and distribution of controlled substances and precursors and the enforcement of this Act and, without restricting the generality of the foregoing, may make regulations

...

(e) prescribing the fees payable on application for any of the licences or permits provided for in paragraphs (c) and (d);

...

(m) respecting the records, books, electronic data or other documents in respect of controlled substances and precursors that are required to be kept and provided by any person or class of persons who imports into Canada, exports from Canada, produces, packages, sends, transports, delivers, sells, provides, administers, possesses, obtains or otherwise deals in any controlled substance or precursor or any class thereof;

(n) respecting the qualifications for inspectors and their powers and duties in relation to the enforcement of, and compliance with, the regulations;

...

(p) respecting the detention and disposal of or otherwise dealing with any controlled substance;

(q) respecting the disposal of or otherwise dealing with any precursor;

...

(s) respecting the communication of any information obtained under this Act or the regulations from or relating to any person or class of persons who is or may be authorized to import into Canada, export from Canada, produce, package, send, transport, deliver, sell, provide, administer, possess, obtain or otherwise deal in any controlled substance or precursor or any class thereof

(i) to any provincial professional licensing authority, or

(ii) to any person or class of persons where, in the opinion of the Governor in Council, it is necessary to communicate that information for the proper administration or enforcement of this Act or the regulations;

...

(u) prescribing the circumstances in which an order made under subsection 41(3) may be revoked by the Minister pursuant to subsection 42(4);

...

(x) conferring powers or imposing duties and functions on adjudicators in relation to hearings conducted and determinations made by them under Part V;

(y) governing the practice and procedure of hearings conducted and determinations made by adjudicators under Part V;

(z) exempting, on such terms and conditions as may be specified in the regulations, any person or class of persons or any controlled substance or precursor or any class thereof from the application of this Act or the regulations; and

(10) and (11) Relevant portion of subsection 55(2):

(2) The Governor in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, may make regulations that pertain to investigations and other law enforcement activities conducted under this Act by a member of a police force and other persons acting under the direction and control of a member and, without restricting the generality of the foregoing, may make regulations

(a) authorizing the Minister of Public Safety and Emergency Preparedness or the provincial minister responsible for policing in a province, as the case may be, to designate a police force within their jurisdiction 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 this Act or the regulations;

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

(12) and (13) Relevant portion of subsection 55(2.1):

(2.1) The Governor in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, 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

(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;

(14) Existing text of subsection 55(3):

(3) Any regulations made under this Act incorporating by reference a classification, standard, procedure or other specification may incorporate the classification, standard, procedure or specification as amended from time to time, and, in such a case, the reference shall be read accordingly.

Clause 36: Existing text of section 60:

60. The Governor in Council may, by order, amend any of Schedules I to VIII by adding to them or deleting from them any item or portion of an item, where the Governor in Council deems the amendment to be necessary in the public interest.

Criminal Code

Clause 41: (1) to (4) Existing text of subsections 83.13(4) to (9):

(4) The power to manage or otherwise deal with property under subsection (2) includes

(a) in the case of perishable or rapidly depreciating property, the power to sell that property; and

(b) in the case of property that has little or no value, the power to destroy that property.

(5) Before a person appointed under subsection (2) destroys property referred to in paragraph (4)(b), he or she shall apply to a judge of the Federal Court for a destruction order.

(6) Before making a destruction order in relation to any property, a judge shall require notice in accordance with subsection (7) to be given to, and may hear, any person who, in the opinion of the judge, appears to have a valid interest in the property.

(7) A notice under subsection (6) shall be given in the manner that the judge directs or as provided in the rules of the Federal Court.

(8) A judge may order that property be destroyed if he or she is satisfied that the property has little or no financial or other value.

(9) A management order ceases to have effect when the property that is the subject of the management order is returned to an applicant in accordance with the law or forfeited to Her Majesty.

Clause 42: Existing text of subsection 83.14(5):

(5) If a judge is satisfied on a balance of probabilities that property is property referred to in paragraph (1)(a) or (b), the judge 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.

Clause 43: New.

Clause 44: Relevant portion of subsection 462.32(4):

(4) Every person who executes a warrant issued by a judge under this section shall

(a) detain or cause to be detained the property seized, taking reasonable care to ensure that the property is preserved so that it may be dealt with in accordance with the law;

Clause 45: (1) to (4) Existing text of subsections 462.331(3) to (8):

(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.

(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.

(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.

(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.

(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.

(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.

Clause 46: (1) and (2) Existing text of subsections 462.37(1) to (2.01):

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.

(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.

(2.01) A court imposing sentence on an offender convicted of an offence described in subsection (2.02) shall, on application of the Attorney General and subject to this section and sections 462.4 and 462.41, order that any property of the offender that is identified by the Attorney General in the application be forfeited to Her Majesty to be disposed of as the Attorney General directs or otherwise dealt with in accordance with the law if the court is satisfied, on a balance of probabilities, that

(a) within 10 years before the proceedings were commenced in respect of the offence for which the offender is being sentenced, the offender engaged in a pattern of criminal activity for the purpose of directly or indirectly receiving a material benefit, including a financial benefit; or

(b) the income of the offender from sources unrelated to designated offences cannot reasonably account for the value of all the property of the offender.

Clause 47: (1) and (2) Existing text of subsection 462.38(2):

(2) Subject to sections 462.39 to 462.41, where an application is made to a judge under subsection (1), the judge shall, if the judge is satisfied that

(a) any property is, beyond a reasonable doubt, proceeds of crime,

(b) proceedings in respect of a designated offence committed in relation to that property were commenced, and

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.

Clause 48: Relevant portion of subsection 462.41(2):

(2) A notice given under subsection (1) shall

(a) be given or served in such manner as the court directs or as may be prescribed by the rules of the court;

(b) be of such duration as the court considers reasonable or as may be prescribed by the rules of the court; and

Clause 49: Existing text of subsection 462.43(1):

462.43 (1) Where property has been seized under a warrant issued pursuant to section 462.32, a restraint order has been made under section 462.33 in relation to any property or a recognizance has been entered into pursuant to paragraph 462.34(4)(a) in relation to any property and a judge, on application made to the judge by the Attorney General or any person having an interest in the property or on the judge’s own motion, after notice given to the Attorney General and any other person having an interest in the property, is satisfied that the property will no longer be required for the purpose of section 462.37, 462.38 or any other provision of this or any other Act of Parliament respecting forfeiture or for the purpose of any investigation or as evidence in any proceeding, the judge

(a) in the case of a restraint order, shall revoke the order;

(b) in the case of a recognizance, shall cancel the recognizance; and

(c) in the case of property seized under a warrant issued pursuant to section 462.32 or property under the control of a person appointed pursuant to paragraph 462.331(1)(a),

(i) if possession of it by the person from whom it was taken is lawful, shall order that it be returned to that person,

(ii) if possession of it by the person from whom it was taken is unlawful and the lawful owner or person who is lawfully entitled to its possession is known, shall order that it be returned to the lawful owner or the person who is lawfully entitled to its possession, or

(iii) if possession of it by the person from whom it was taken is unlawful and the lawful owner or person who is lawfully entitled to its possession is not known, may order that it be forfeited to Her Majesty, to be disposed of as the Attorney General directs, or otherwise dealt with in accordance with the law.

Clause 50: Existing text of subsection 490(9):

(9) Subject to this or any other Act of Parliament, if

(a) a judge referred to in subsection (7), where a judge ordered the detention of anything seized under subsection (3), or

(b) a justice, in any other case,

is satisfied that the periods of detention provided for or ordered under subsections (1) to (3) in respect of anything seized have expired and proceedings have not been instituted in which the thing detained may be required or, where those periods have not expired, that the continued detention of the thing seized will not be required for any purpose mentioned in subsection (1) or (4), he shall

(d) if possession of it by the person from whom it was seized is unlawful and the lawful owner or person who is lawfully entitled to its possession is known, order it to be returned to the lawful owner or to the person who is lawfully entitled to its possession,

and may, if possession of it by the person from whom it was seized is unlawful, or if it was seized when it was not in the possession of any person, and the lawful owner or person who is lawfully entitled to its possession is not known, order it to be forfeited to Her Majesty, to be disposed of as the Attorney General directs, or otherwise dealt with in accordance with the law.

Clause 51: Existing text of subsections 490.1(1) and (2):

490.1 (1) Subject to sections 490.3 to 490.41, if a person is convicted of an indictable offence under this Act or the Corruption of Foreign Public Officials Act 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

(a) where the prosecution of the offence was commenced at the instance of the government of a province and conducted by or on behalf of that government, order that the property be forfeited to Her Majesty in right of that province and disposed of by the Attorney General or Solicitor General of that province in accordance with the law; and

(b) in any other case, order that the property be forfeited to Her Majesty in right of Canada and disposed of by the member of the Queen’s Privy Council for Canada that may be designated for the purpose of this paragraph in accordance with the law.

(2) Subject to sections 490.3 to 490.41, if the evidence does not establish to the satisfaction of the court that the indictable offence under this Act or the Corruption of Foreign Public Officials Act 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 the property is offence-related property, the court may make an order of forfeiture under subsection (1) in relation to that property.

Clause 52: Existing text of subsection 490.2(4):

(4) For the purpose of subsection (2), the judge shall

Clause 53: Relevant portion of subsection 490.4(2):

(2) A notice given under subsection (1) 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

Clause 54: Relevant portion of subsection 490.41(2):

(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

Clause 55: (1) to (4) Existing text of subsections 490.81(3) to (8):

(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.

(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.

(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.

(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.

(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.

Clause 56: Relevant portion of subsection 491.1(2):

(2) In the circumstances referred to in subsection (1), the court shall order, in respect of any property,

...

(b) if the lawful owner or person lawfully entitled to possession of the property is not known, that it be forfeited to Her Majesty, to be disposed of as the Attorney General directs or otherwise dealt with in accordance with the law.

Seized Property Management Act

Clause 57: Relevant portion of subsection 4(1):

4. (1) On taking possession or control thereof, the Minister shall be responsible for the custody and management of all property that is

(a) seized under a warrant issued under section 83.13, 462.32 or 487 of the Criminal Code or section 11 of the Controlled Drugs and Substances Act on the application of the Attorney General and that the Minister is appointed to manage under subsection 83.13(3), 462.331(2) or 490.81(2) of the Criminal Code or subsection 14.1(2) of the Controlled Drugs and Substances Act, as the case may be;

(b) subject to a restraint order made under section 83.13, 462.33 or 490.8 of the Criminal Code or section 14 of the Controlled Drugs and Substances Act on the application of the Attorney General and that the Minister is appointed to manage under subsection 83.13(3), 462.331(2) or 490.81(2) of the Criminal Code or subsection 14.1(2) of the Controlled Drugs and Substances Act, as the case may be;

Clause 58: Existing text of subsection 5(1):

5. (1) Every person who has control of any property that is subject to a management order issued under subsection 83.13(2), 462.331(1) or 490.81(1) of the Criminal Code, subsection 14.1(1) of the Controlled Drugs and Substances Act or subsection 7(1) of this Act shall, as soon as practicable after the order is issued, transfer the control of the property to the Minister, except for any property or any part of the property that is needed as evidence or is necessary for the purposes of an investigation.

Clause 59: (1) Existing text of subsection 7(2):

(2) The power of the Minister in respect of any seized property that is the subject of a management order 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.

(2) to (4) Existing text of subsections 7(2.2) to (3):

(2.2) Before making a destruction order in relation to any property, a court shall require notice in accordance with subsection (2.3) 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.

(2.3) 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.

(2.4) 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.

(3) 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 therefor or forfeited to Her Majesty.