Forfeited Property Sharing Regulations (SOR/95-76)

Regulations are current to 2013-04-29

Forfeited Property Sharing Regulations

SOR/95-76

SEIZED PROPERTY MANAGEMENT ACT

Registration 1995-01-31

Regulations Respecting the Sharing of the Proceeds of the Disposition of Forfeited Property, the Sharing of the Amounts Paid or Recovered on Account of Certain Fines and the Sharing of Certain Moneys Transferred to Canada by the Governments of Foreign States

P.C. 1995-125 1995-01-31

His Excellency the Governor General in Council, on the recommendation of the Minister of Supply and Services, the Minister of Justice and the Solicitor General of Canada, pursuant to paragraph 9(f), section 11, paragraphs 13(2)(a) and (c) and sections 18 and 19 of the Seized Property Management ActFootnote *, is pleased hereby to make the annexed Regulations respecting the sharing of the proceeds of the disposition of forfeited property, the sharing of the amounts paid or recovered on account of certain fines and the sharing of certain moneys transferred to Canada by the governments of foreign states.

SHORT TITLE

1. These Regulations may be cited as the Forfeited Property Sharing Regulations.

INTERPRETATION

2. In these Regulations,

“Act”

“Act” means the Seized Property Management Act; (Loi)

“agency”

“agency” means

  • (a) in the case of the Government of Canada, a law enforcement agency under the authority of the Government of Canada, and

  • (b) in the case of a jurisdiction that is

    • (i) the government of a province, a law enforcement agency operating under provincial legislation or the Royal Canadian Mounted Police acting under contract in that province, and

    • (ii) the government of a foreign state, a law enforcement agency within that state; (organisme)

“contribution”

“contribution” means the contribution of the Government of Canada or a jurisdiction, as determined in accordance with section 7; (apport)

“fine”

“fine” means the amount paid or recovered on account of a fine imposed under subsection 462.37(3) of the Criminal Code in relation to proceedings commenced at the instance of the Government of Canada; (amende)

“jurisdiction”

“jurisdiction” means the government of a province or the government of a foreign state; (autorité)

“net proceeds”

“net proceeds” means the net proceeds from the disposition of property, calculated in accordance with section 12 of the Seized Property Disposition Regulations; (produit net)

“property”

“property” means any property forfeited to Her Majesty pursuant to  a provision rerred to in section 10 of the Act. (bien)

  • SOR/2000-115, s. 1.

AGREEMENTS WITH THE GOVERNMENTS OF FOREIGN STATES RESPECTING SHARING

3. No sharing under the Act and these Regulations shall take place with the government of a foreign state unless the government of that foreign state has entered into an agreement pursuant to section 11 of the Act.

  • 4. (1) An agreement with the government of a foreign state, entered into pursuant to section 11 of the Act, shall

    • (a) provide that sharing will be between the Government of Canada and the government of that foreign state;

    • (b) provide that the sharing of the proceeds of disposition of property in Canada and the sharing of fines in Canada will be in accordance with Part I of these Regulations;

    • (c) provide that there will be no conditions in respect of the use of any moneys received under the agreement; and

    • (d) state the title of the official to whom the amount of any share is to be paid and sent or provide that a central authority will designate to whom the amount of any share is to be paid and sent.

  • (2) An agreement referred to in subsection (1) shall not be inconsistent with the Act or these Regulations.