C-52.2 - Act respecting the forfeiture, administration and appropriation of proceeds and instruments of unlawful activity

Updated to 18 December 2007

This document has official status.

chapter C-52.2

Act respecting the forfeiture, administration and appropriation of proceeds and instruments of unlawful activity

DIVISION I PURPOSE AND SCOPE

1. The purpose of this Act is to provide for the civil forfeiture of property derived from or used to engage in unlawful activity so that persons who, in whatever capacity, hold rights in such property or use such property are not allowed to keep the resulting benefit, unless they are in good faith.

The purpose of this Act is also to provide for the administration of forfeited property or of property seized, restrained or forfeited under federal laws, and to allow the appropriation of such property or of the proceeds from the disposition of such property to socially useful purposes such as providing assistance for victims of crime and preventing, detecting and repressing crime.

2007, c. 34, s. 1.

2. An act or omission that is an offence under the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) or the Controlled Drugs and Substances Act (Statutes of Canada, 1996, chapter 19) is unlawful activity for the purposes of this Act.

A penal offence under an Act listed in Schedule 1 is also unlawful activity for the purposes of this Act.

2007, c. 34, s. 2.

3. This Act applies to property that is in Québec.

It is applicable to unlawful activity committed in Québec and to unlawful activity engaged in outside Québec that would also be unlawful activity if engaged in in Québec.

2007, c. 34, s. 3.

DIVISION III ADMINISTRATION OF PROCEEDS AND INSTRUMENTS OF UNLAWFUL ACTIVITY

§ 1 . — Applicability

16. The Attorney General administers property acquired by the State through civil forfeiture.

The Attorney General also administers property seized, restrained or forfeited under the provisions of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) or the Controlled Drugs and Substances Act (Statutes of Canada, 1996, chapter 19) or any other rule of law, in connection with suits or proceedings brought by the Attorney General, namely,

(1)  seized property entrusted to the Attorney General, at the Attorney General’s request, by the competent judicial authority or another person holding that property;

(2)  property seized under section 462.32 of the Criminal Code;

(3)  property that is the subject of a restraint order and entrusted to the Attorney General by the competent judicial authority, at the Attorney General’s request; and

(4)  property forfeited to the State and fines corresponding to the value of that property.

2007, c. 34, s. 16.

§ 2 . — Rules

17. The Attorney General has the full administration of property acquired by the State through civil forfeiture and property referred to in subparagraph 4 of the second paragraph of section 16.

The Attorney General administers property referred to in subparagraphs 1, 2 and 3 of the second paragraph of section 16 as stipulated in the order made by the competent judicial authority.

2007, c. 34, s. 17.

18. The Attorney General may entrust the Centre de services partagés du Québec or any other person the Attorney General designates with the mandate to administer certain property under the Attorney General’s administration and with the responsibility for alienating forfeited property.

2007, c. 34, s. 18.

19. The Attorney General may apply for the cancellation of the registration, in the land register or register of personal and movable real rights, of rights in property referred to in subparagraph 4 of the second paragraph of section 16 if no order declaring that they are not affected by the forfeiture and declaring their nature and extent has been made in accordance with the provisions governing forfeiture.

The application for cancellation must be filed with a certificate attesting that fact issued by the clerk of the court that made the forfeiture order. The clerk of the court issues such a certificate if

(1)  the clerk is presented with proof that prior notice of the forfeiture order in the form prescribed in Schedule 2 was given to the holder of the rights concerned, and with proof of service of the order;

(2)  the forfeiture order has become res judicata; and

(3)  where applicable, the decision dismissing the application for the order referred to in the first paragraph has become res judicata.

2007, c. 34, s. 19.

DIVISION IV APPROPRIATION OF PROCEEDS AND INSTRUMENTS OF UNLAWFUL ACTIVITY

20. The Attorney General may, on the conditions determined by the Government, make a short-term loan to the Consolidated Revenue Fund of all or part of the sums under the Attorney General’s administration. A loan made to the Consolidated Revenue Fund is repayable out of that fund.

2007, c. 34, s. 20.

21. If the public interest so requires, the Attorney General may destroy forfeited property or alienate it free of charge. Forfeited property may be alienated free of charge in favour of such parties as police forces for research or training purposes, or in favour of non-profit bodies devoted to historical, educational or other purposes.

2007, c. 34, s. 21.

22. The proceeds, for a fiscal year, of the alienation of property acquired by the State through civil forfeiture are equal to the sum of the proceeds of the alienation, during that year, of property acquired by the State through civil forfeiture and the amounts collected for costs during that year, minus, for that year,

(1)  expenditures related to the administration and alienation of property for which a civil forfeiture application was filed or property acquired by the State through civil forfeiture, determined in accordance with generally recognized accounting practices;

(2)  judicial and other costs paid by the Attorney General;

(3)  expenditures or advances to cover amounts awarded against persons to whom the Attorney General entrusted the administration of property; and

(4)  expenditures made or advances paid by the Ministère de la Justice in connection with civil forfeiture-related activities.

2007, c. 34, s. 22.

23. The proceeds, for a fiscal year, of the alienation of property forfeited under the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) or the Controlled Drugs and Substances Act (Statutes of Canada, 1996, chapter 19) are equal to the sum of the proceeds of the alienation, during that year, of property referred to in subparagraph 4 of the second paragraph of section 16 and the fines corresponding to the value of that property that were collected during that year, minus, for that year,

(1)  expenditures related to the administration and alienation of property referred to in subparagraphs 1 to 4 of the second paragraph of section 16, determined in accordance with generally recognized accounting practices;

(2)  compensation paid in accordance with undertakings given by the Attorney General under subsection 6 of section 462.32 or subsection 7 of section 462.33 of the Criminal Code; and

(3)  expenditures or advances to cover amounts awarded against persons to whom the Attorney General entrusted the administration of property.

2007, c. 34, s. 23.

24. The proceeds of the alienation of property acquired by the State through civil forfeiture and of property forfeited under the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) or the Controlled Drugs and Substances Act (Statutes of Canada, 1996, chapter 19) are, subject to section 25, paid into the Consolidated Revenue Fund on the dates and to the extent determined by the Government.

2007, c. 34, s. 24.

25. The Government may, in the circumstances and according to the proportions it determines, allow the proceeds referred to in section 24 to be wholly or partly shared with one or more of the following government departments, bodies or organizations:

(1)  the Fonds d’aide aux victimes d’actes criminels;

(2)  municipal bodies or native communities whose police forces, including special constables under the authority of native communities, participated in the operations that led to the forfeiture of the property or to the imposition of the fines and, if the police forces that participated in the operations are not subject to the Police Act (chapter P-13.1), the authorities responsible for them as well as community organizations, designated by the Government, whose purpose is to facilitate such operations;

(3)  community organizations whose primary purpose is to prevent unlawful activity, particularly among young people;

(4)  the Ministère de la Sécurité publique, if the Sûreté du Québec participated in the operations that led to the forfeiture of the property or to the imposition of fines;

(5)  the Ministère de la Justice;

(6)  government departments responsible for the enforcement of an Act listed in Schedule 1 whose agents participated in the operations that led to the civil forfeiture of the property; and

(7)  bodies or organizations responsible for the administration of an Act listed in Schedule 1 whose agents participated in the operations that led to the civil forfeiture of the property.

The Attorney General pays into the Fonds d’aide aux victimes d’actes criminels or to the bodies or organizations referred to in subparagraphs 2, 3 and 7 of the first paragraph the sums allotted to them according to the shares determined. The Attorney General pays into the consolidated revenue fund the sums allotted to government departments and any balance remaining.

2007, c. 34, s. 25.

26. The sums allotted to the different government departments under section 25 constitute, for all intents, supplementary appropriations for the fiscal year in which they are paid into the Consolidated Revenue Fund and are to be used by the departments for the purpose of preventing, detecting or repressing unlawful activity.

2007, c. 34, s. 26.

27. The Minister reports on the proceeds and fines referred to in section 24 and on their allotment under section 25 in the annual report tabled in the National Assembly under the Act respecting the Ministère de la Justice (chapter M-19).

The Minister also reports on the destruction of property and on the appropriation of any property alienated free of charge during the Attorney General’s administration.

2007, c. 34, s. 27.

DIVISION V MISCELLANEOUS, TRANSITIONAL AND FINAL PROVISIONS

28. The Government may amend Schedule 2 to this Act by order.

2007, c. 34, s. 28.

29. The Minister of Justice is responsible for the administration of this Act.

2007, c. 34, s. 29.

30. (Amendment integrated into c. C-8.1.1, s. 6).

2007, c. 34, s. 30.

31. (Amendment integrated into c. C-81, s. 24).

2007, c. 34, s. 31.

32. (Amendment integrated into c. D-9.1.1, s. 14).

2007, c. 34, s. 32.

33. Division III.2 of the Act respecting the Ministère de la Justice (chapter M-19), comprising sections 32.11 to 32.22, is repealed.

The administration of property seized, restrained or forfeited under that division is continued under this Act.

Order in Council 349-99 (1999, G.O. 2, 1300, in French) respecting the allotment of the proceeds of property under section 32.19 of the Act respecting the Ministère de la Justice, amended by Orders in Council 1223-2000 (2000, G.O. 2, 6864, in French), 462-2001 (2001, G.O. 2, 2990, in French) and 376-2005 (2005, G.O. 2, 1776, in French), continues to apply, with the necessary modifications, as if it were made for the allotment of the proceeds of property forfeited under the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) or the Controlled Drugs and Substances Act (Statutes of Canada, 1996, chapter 19).

2007, c. 34, s. 33.

34. The provisions of this Act, as they come into force, apply even to unlawful activity engaged in before 18 December 2007 and to property derived from unlawful activity that was acquired before that date.

This section may not, however, operate to confer the nature of proceeds of unlawful activity to property acquired by a person in good faith before 14 June 2006.

2007, c. 34, s. 34.

35. (Omitted).

2007, c. 34, s. 35.

SCHEDULE 1

(Section 2)

Acts under which penal offences are unlawful activity within the meaning of this Act

— Building Act (chapter B-1.1);

— Act respecting the conservation and development of wildlife (chapter C-61.1);

— Act respecting offences relating to alcoholic beverages (chapter I-8.1);

— Food Products Act (chapter P-29);

— Consumer Protection Act (chapter P-40.1), but only as regards offences relating to contracts of credit and contracts entered into by itinerant merchants;

— Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20);

— Securities Act (chapter V-1.1);

— Radiocommunication Act (Revised Statutes of Canada, 1985, chapter R-2);

— Tobacco Act (Statutes of Canada, 1997, chapter 13).

2007, c. 34, Schedule 1.

SCHEDULE 2

(Section 19)

Notice to holders of rights in property for which a forfeiture application has been filed

To: (Name)

(Address)

Take notice that, on ___________, in accordance with sections (insert the relevant sections of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) or of the Controlled Drugs and Substances Act (Statutes of Canada, 1996, chapter 19)), the Attorney General of Québec will apply to a judge of the ______________ (name of court), for the district of _____________, for an order for the forfeiture of the following property:

— (details of property)

According to the (land register or register of personal and movable real rights), you hold the following rights in property to which the order is to apply:

— (details of registered rights (date, registration number, etc.)).

If the court orders the forfeiture of property in which you hold rights, take notice that, unless you obtain an order under the (Criminal Code or Controlled Drugs and Substances Act) declaring that the rights you hold are not affected by the forfeiture and declaring their nature and extent, the Attorney General will request that their registration be cancelled in accordance with section 19 of the Act respecting the forfeiture, administration and appropriation of proceeds and instruments of unlawful activity (chapter C-52.2).

You are advised to consult a lawyer for more information on this notice.

(signature and identification of signatory)

2007, c. 34, Schedule 2.