Seized Property Disposition Regulations (SOR/94-303)

Regulations are current to 2013-05-20

 Where the Minister disposes of property that is real property, the Minister shall do so in accordance with, in addition to sections 3 to 9 of these Regulations, the Federal Real Property Act, the Federal Real Property Regulations and any other regulations made under that Act on or after May 1, 1994.

 Where the Minister considers property to be unsuitable for sale or of insufficient value to justify a sale, the Minister may dispose of that property in any other manner including the execution of a release or discharge.

  • SOR/98-190, s. 2.

NET PROCEEDS

  •  (1) The net proceeds of the disposition of property referred to in paragraph 13(2)(a) of the Act shall be calculated within 60 days after the disposition of the property.

  • (2) The amounts to be deducted from the proceeds of the disposition of property for the purposes of calculating the net proceeds are

    • (a) any amount to be paid, in relation to the property, pursuant to paragraph 462.42(6)(b) of the Criminal Code;

    • (b) any amount paid, in relation to the property, as a consequence of an order under subsection 17(4) of the Narcotic Control Act;

    • (c) any expenses incurred by the Minister in respect of the management and disposition of the property; and

    • (d) advances made by the Minister pursuant to paragraph 9(b) of the Act.

INDEMNIFICATION

  •  (1) Subject to subsection (3), the indemnification that may be granted pursuant to section 18 of the Act includes any amount that may be paid

    • (a) to settle an action, subject to the prior approval of the amount by the Minister; or

    • (b) to satisfy a judgement.

  • (2) Where a contractor has complied with section 14 and the Minister is satisfied that the contractor acted honestly and in good faith and, in the case of any criminal or administrative action or proceeding that is enforced by a monetary penalty, believed on reasonable grounds that the contractor’s conduct was lawful, the Minister shall pay

    • (a) the amount to be paid under the indemnification granted pursuant to section 18 of the Act; and

    • (b) the contractor’s reasonable costs, charges and expenses in connection with a claim in respect of which indemnification has been granted pursuant to section 18 of the Act.

  • (3) In no event shall any indemnification apply to any civil, criminal or administrative action or proceeding instituted by Her Majesty in right of Canada.

  •  (1) A contractor who becomes aware of a possible or actual claim in respect of anything done, or omitted to be done, by the contractor under a contract for services shall, within 15 days after becoming aware of the possible or actual claim, give by registered mail a written notice of the claim, together with any relevant documents, to the Minister at the address specified in the contract for services.

  • (2) A contractor who proposes to settle a claim referred to in subsection (1) shall, at least 15 days before accepting any terms of settlement, give by registered mail a written notice of the proposed settlement, together with any relevant documents, to the Minister at the address specified in the contract for services.