Acts and Regulations

2012, c.106 - Management of Seized and Forfeited Property Act

Full text
Current to 16 June 2023
2012, c.106
Management of Seized
and Forfeited Property Act
Deposited December 13, 2012
Definition of “Fund”
1In this Act, “Fund” means the Proceeds of Crime Trust Fund established under subsection 5(1).
2008, c.M-0.5, s.1
Property to be managed or sold by the Attorney General
2(1)The Attorney General shall manage, take control of, administer or otherwise deal with the following property:
(a) property that is the subject of a management order obtained by the Attorney General under section 83.13, 462.331 or 490.81 of the Criminal Code (Canada);
(b) property that is the subject of a management order obtained by the Attorney General under section 14.1 of the Controlled Drugs and Substances Act (Canada);
(c) property that is the subject of a restraint order obtained by the Attorney General under section 462.33 or 490.8 of the Criminal Code (Canada);
(d) property that is the subject of a restraint order obtained by the Attorney General under section 14 of the Controlled Drugs and Substances Act (Canada);
(e) property that is the subject of a warrant obtained by the Attorney General under section 462.32 of the Criminal Code (Canada); and
(f) any property that is managed, taken control of, administered or otherwise dealt with by the Attorney General under a prescribed provision of the Criminal Code (Canada).
2(2)The Attorney General shall manage, take control of, administer, sell or otherwise dispose of or deal with the following property:
(a) property forfeited to the Crown in right of the Province under section 83.14, 199, 462.37, 462.38, 462.43, 490, 490.01, 490.1, 490.2 or 491.1 of the Criminal Code (Canada);
(b) property forfeited to the Crown in right of the Province under section 16 or subsection 17(2) of the Controlled Drugs and Substances Act (Canada);
(c) property forfeited to the Crown in right of the Province under the Civil Forfeiture Act; and
(d) any other property that is forfeited to the Crown in right of the Province under a prescribed provision of the Criminal Code (Canada).
2008, c.M-0.5, s.2; 2010, c.22, s.1; 2011, c.54, s.1
Powers and duties of the Attorney General
3(1)In the exercise or performance of any power or duty in relation to property under subsection 2(2), the Attorney General shall manage, take control of, sell or otherwise deal with the property as he or she considers appropriate.
3(2)Without limiting the generality of subsection (1), the Attorney General may
(a) take possession of and preserve or manage the property for the length of time and on the terms that the Attorney General considers proper,
(b) sell, assign or otherwise dispose of the property, or any interest in the property, at the price and on the terms that the Attorney General considers proper,
(c) do anything the Attorney General considers advisable for the ongoing management or operation of the property before its final disposition, including,
(i) complying with the terms of any order to which the property is subject, including an order to comply with environmental, industrial, labour or property standards or to pay taxes, utility charges or other charges, or
(ii) making improvements to the property to maintain its economic value, and
(d) in the case of property that has little or no value, destroy that property.
3(3)Subject to paragraph (2)(d), all property referred to in subsection 2(2), other than cash, forfeited to the Crown in right of the Province shall be sold or otherwise disposed of in accordance with this Act.
3(4)The Attorney General may deduct from the proceeds of any sale or other disposition of the property referred to in subsection 2(2) any reasonable cost or expense incurred by the Attorney General that relates to the control, administration, management, selling or other disposition of the property.
2008, c.M-0.5, s.3
Contract for services
4(1)The Attorney General may contract for professional services, as the Attorney General considers necessary, to enable the Attorney General to fulfil his or her responsibilities under this Act.
4(2)Any person with whom the Attorney General has made a contract for professional services shall manage, sell or otherwise dispose of the property in accordance with the limitations, terms, conditions and requirements set out in the contract for services and with the provisions of this Act.
2008, c.M-0.5, s.5
Establishment of the Proceeds of Crime Trust Fund
5(1)There is established a fund called the Proceeds of Crime Trust Fund.
5(2)The Attorney General is the custodian of the Fund and the Fund is held in trust by the Attorney General.
5(3)The Fund is a separate account in the Consolidated Fund.
5(4)All interest arising from the Fund shall be paid into and form part of the Fund.
2008, c.M-0.5, s.6
Payments into Fund
6Despite the Escheats and Forfeitures Act, the following shall be paid into the Fund:
(a) subject to section 462.49 of the Criminal Code (Canada),
(i) money forfeited to the Crown in right of the Province under section 83.14, 199, 462.37, 462.38, 462.43, 490, 490.01, 490.1, 490.2 or 491.1 of the Criminal Code (Canada), and
(ii) money that is the proceeds of the sale or other disposition of property described in subsection 2(2), after the deduction of reasonable costs and expenses; and
(b) money provided to the Attorney General or the Province that was paid as a fine under subsection 462.37(3) of the Criminal Code (Canada).
2008, c.M-0.5, s.7
Payments out of Fund
7(1)The Attorney General may make payments out of the Fund for the following purposes:
(a) crime prevention or law enforcement;
(b) victim restitution; and
(c) the administration of criminal justice.
7(2)Without limiting the generality of subsection (1), payments out of the Fund may include payments for the following:
(a) costs or expenses that relate to the control, administration, management, selling or other disposition of the property referred to in section 2; and
(b) costs or expenses that relate to complying with a court order with respect to any interest in property that has been forfeited to the Crown in right of the Province.
7(3)Payments for the purposes of this section are a charge on and payable out of the Fund.
2008, c.M-0.5, s.8
Proceeds of Crime Strategic Management Committee
8(1)The Proceeds of Crime Strategic Management Committee is established.
8(2)The Proceeds of Crime Strategic Management Committee consists of officials from the Department of Justice and Public Safety appointed by the Minister of Public Safety and the Minister of Justice and Attorney General, respectively.
8(3)The Proceeds of Crime Strategic Management Committee shall advise the Attorney General respecting the management and administration of the Fund.
2008, c.M-0.5, s.9; 2012, c.39, s.87; 2013, c.42, s.13; 2016, c.37, s.100; 2019, c.2, s.89; 2020, c.25, s.71; 2022, c.28, s.33
Immunity
9No action or other proceeding for damages or otherwise shall be instituted against the Attorney General or any agent, servant or employee of the Attorney General for any act done in good faith in the performance or intended performance of any duty under this Act or in the exercise or in the intended exercise of any power under this Act, or for any neglect or default in the performance or exercise in good faith of any such duty or power.
2008, c.M-0.5, s.10
Indemnity
10The Attorney General may indemnify any person acting on his or her behalf against any claim made against that person in respect of anything done, or omitted to be done, in good faith by that person in relation to any property referred to in section 2 that is in the possession or under the control of the Attorney General.
2008, c.M-0.5, s.11
Prohibitions
11(1)No person shall interfere with, impede or obstruct the Attorney General or any person acting on behalf of the Attorney General in carrying out or attempting to carry out his or her duties under this Act, or withhold or destroy or conceal or refuse to furnish any information or thing required by the Attorney General or any person acting on behalf of the Attorney General for the purposes of managing property referred to in section 2.
11(2)No person shall knowingly make a false or misleading statement, either orally or in writing, to the Attorney General or any person acting on behalf of the Attorney General while he or she is engaged in carrying out his or her duties under this Act.
2008, c.M-0.5, s.12
Offence and penalty
12A person who violates or fails to comply with subsection 11(1) or (2) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.
2008, c.M-0.5, s.13
Administration
13The Attorney General is responsible for the administration of this Act and may designate one or more persons to act on the Attorney General’s behalf.
2008, c.M-0.5, s.4, s.14
Regulations
14The Lieutenant-Governor in Council may make regulations prescribing provisions of the Criminal Code (Canada) for the purposes of paragraphs 2(1)(f) and (2)(d).
2008, c.M-0.5, s.15
N.B. This Act was proclaimed and came into force March 1, 2013.
N.B. This Act is consolidated to June 10, 2022.