Seizure and restraint of assets
83.13 (1) Where a judge of the Federal Court, on an ex parte application by the Attorney General, after examining the application in private, is satisfied that there are reasonable grounds to believe that there is in any building, receptacle or place any property in respect of which an order of forfeiture may be made under subsection 83.14(5), the judge may issue
(a) if the property is situated in Canada, a warrant authorizing a person named therein or a peace officer to search the building, receptacle or place for that property and to seize that property and any other property in respect of which that person or peace officer believes, on reasonable grounds, that an order of forfeiture may be made under that subsection; or
(b) if the property is situated in or outside Canada, a restraint order prohibiting any person from disposing of, or otherwise dealing with any interest in, that property other than as may be specified in the order.
Contents of application
(1.1) An affidavit in support of an application under subsection (1) may be sworn on information and belief, and, notwithstanding the Federal Court Rules, 1998, no adverse inference shall be drawn from a failure to provide evidence of persons having personal knowledge of material facts.
Appointment of manager
(2) On an application under subsection (1), at the request of the Attorney General, if a judge is of the opinion that the circumstances so require, the judge may
(a) appoint a person to take control of, and to manage or otherwise deal with, all or part of the property in accordance with the directions of the judge; and
(b) require any person having possession of that property to give possession of the property to the person appointed under paragraph (a).
Appointment of Minister of Public Works and Government Services
(3) When the Attorney General of Canada so requests, a judge appointing a person under subsection (2) shall appoint the Minister of Public Works and Government Services.
Power to manage
(4) The power to manage or otherwise deal with property under subsection (2) includes
(a) the power to make an interlocutory sale of perishable or rapidly depreciating property;
(b) the power to destroy, in accordance with subsections (5) to (8), property that has little or no value; and
(c) the power to have property, other than real property or a conveyance, forfeited to Her Majesty in accordance with subsection (8.1).
Application for destruction order
(5) Before a person who is appointed to manage property destroys property that has little or no value, they shall apply to a judge of the Federal Court for a destruction order.
Notice
(6) Before making a destruction order, a judge shall require notice in accordance with subsection (7) to be given to and may hear any person who, in the judge’s opinion, appears to have a valid interest in the property.
Manner of giving notice
(7) A notice shall
(a) be given in the manner that the judge directs or that may be specified in the rules of the Federal Court; and
(b) specify the effective period of the notice that the judge considers reasonable or that may be set out in the rules of the Federal Court.
Destruction order
(8) A judge shall order that the property be destroyed if they are satisfied that the property has little or no financial or other value.
Forfeiture order
(8.1) On application by a person who is appointed to manage the property, a judge of the Federal Court shall order that the property, other than real property or a conveyance, be forfeited to Her Majesty to be disposed of or otherwise dealt with in accordance with the law if
(a) a notice is given or published in the manner that the judge directs or that may be specified in the rules of the Federal Court;
(b) the notice specifies a period of 60 days during which a person may make an application to the judge asserting their interest in the property; and
(c) during that period, no one makes such an application.
When management order ceases to have effect
(9) A management order ceases to have effect when the property that is the subject of the management order is returned in accordance with the law, destroyed or forfeited to Her Majesty.
For greater certainty
(9.1) For greater certainty, if property that is the subject of a management order is sold, the management order applies to the net proceeds of the sale.
Application to vary
(10) The Attorney General may at any time apply to a judge of the Federal Court to cancel or vary an order or warrant made under this section, other than an appointment made under subsection (3).
Procedure
(11) Subsections 462.32(4) and (6), sections 462.34 to 462.35 and 462.4, subsection 487(3) and section 488 apply, with any modifications that the circumstances require, to a warrant issued under paragraph (1)(a). Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed.
Procedure
(12) Subsections 462.33(4) and (6) to (11) and sections 462.34 to 462.35 and 462.4 apply, with such modifications as the circumstances require, to an order issued under paragraph (1)(b).
Annotations
- Part II