Controlled Drugs and Substances Act

Marginal note:Application for in rem forfeiture

• 17 (1) Where an information has been laid in respect of a designated substance offence, the Attorney General may make an application to a judge for an order of forfeiture under subsection (2).

• Marginal note: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

  • (a) beyond a reasonable doubt that any property is non-chemical offence-related property,

  • (b) that proceedings were commenced in respect of a designated substance offence to which the property referred to in paragraph (a) is related, and

  • (c) that the accused charged with the designated substance offence has died or absconded,

  the judge shall order that the property be forfeited and disposed of in accordance with subsection (4).

• Marginal note:Accused deemed absconded

  (3) For the purposes of subsection (2), an accused shall be deemed to have absconded in connection with a designated substance offence if

  • (a) an information has been laid alleging the commission of the offence by the accused,

  • (b) a warrant for the arrest of the accused has been issued in relation to that information, and

  • (c) reasonable attempts to arrest the accused pursuant to the warrant have been unsuccessful during a period of six months beginning on the day on which the warrant was issued,

  and the accused shall be deemed to have so absconded on the last day of that six month period.

• Marginal note:Who may dispose of forfeited property

  (4) For the purposes of subsection (2),

  • (a) if the proceedings referred to in paragraph (2)(b) were commenced at the instance of the government of a province, the judge shall order that the property be forfeited to Her Majesty in right of that province and 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, the judge shall order that the property be forfeited to Her Majesty in right of Canada and 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 purposes of this paragraph.

• Marginal note: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.