Seized Property Management Act

Marginal note:Minister to be responsible for management of property

• 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;

  • (b.1) forfeited under subsection 14(5), seized under subsection 18(1) or paid under subsection 18(2) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act; or

  • (c) subject to a management order.

• Marginal note:Responsibility continues after forfeiture

  (2) Where property referred to in subsection (1) that is in the possession or under the control of the Minister is forfeited to Her Majesty, the Minister shall continue to be responsible for the custody and management thereof until the property is disposed of.

• Marginal note:Additional responsibility

  (3) In addition to being responsible for the custody and management of property referred to in subsections (1) and (2), the Minister shall be responsible, until the property is disposed of, for the custody and management of all proceeds of crime, offence-related property and property that was the subject of an application under section 83.14 of the Criminal Code, that were forfeited to Her Majesty as a result of proceedings conducted by the Attorney General and that were not in the possession or under the control of the Minister prior to their forfeiture.

• Marginal note:Application of other Acts

  (4) Nothing in this section precludes the operation of the Criminal Code, the Controlled Drugs and Substances Act or any other Act of Parliament in respect of any property that is in the possession or under the control of the Minister.