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

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10. If the court grants the forfeiture application and the Attorney General has filed an incidental application for a declaration of unenforceability, the court rules on the incidental application. It declares unenforceable all rights proved to be fictitious or simulated or proved to be acquired out of the proceeds of unlawful activity, and orders that their registration in the land register or register of personal and movable real rights be cancelled.
A right is presumed to be fictitious or simulated when its holder is a person related to the owner of the forfeited property, such as the owner’s spouse, a blood relative of the owner up to the second degree, a person connected to the owner by marriage or a civil union up to the second degree, a person living under the same roof as the owner, a partner of the owner or a legal person of which the owner is a director or that the owner controls.
2007, c. 34, s. 10.