Civil Forfeiture (Civil Contempt)

Civil Remedies Act, 2001, S.O. 2001

PART III
INSTRUMENTS OF UNLAWFUL ACTIVITY

Definitions

7 (1) In this Part,

“Director” means the Director of Asset Management – Civil appointed under section 15.1; (“directeur”)

“instrument of unlawful activity” means property that is likely to be used to engage in unlawful activity that, in turn, would be likely to or is intended to result in the acquisition of other property or in serious bodily harm to any person, and includes any property that is realized from the sale or other disposition of such property; (“instrument d’activité illégale”)

“property” means real or personal property, and includes any interest in property; (“bien”)

“responsible owner” means, with respect to property that is an instrument of unlawful activity, a person with an interest in the property who has done all that can reasonably be done to prevent the property from being used to engage in unlawful activity, including,

(a) promptly notifying appropriate law enforcement agencies whenever the person knows or ought to know that the property has been or is likely to be used to engage in unlawful activity, and

(b) refusing or withdrawing any permission that the person has authority to give and that the person knows or ought to know has facilitated or is likely to facilitate the property being used to engage in unlawful activity; (“propriétaire responsable”)

“unlawful activity” means an act or omission that,

(a) is an offence under an Act of Canada, Ontario or another province or territory of Canada, or

(b) is an offence under an Act of a jurisdiction outside Canada, if a similar act or omission would be an offence under an Act of Canada or Ontario if it were committed in Ontario,

whether the act or omission occurred before or after this Part came into force. (“activité illégale”) 2001, c. 28, s. 7 (1); 2005, c. 33, s. 23; 2007, c. 13, s. 28 (1).

Instruments of unlawful activity

(2) For the purpose of the definition of “instrument of unlawful activity” in subsection (1), proof that property was used to engage in unlawful activity that, in turn, resulted in the acquisition of other property or in serious bodily harm to any person is proof, in the absence of evidence to the contrary, that the property is likely to be used to engage in unlawful activity that, in turn, would be likely to result in the acquisition of other property or in serious bodily harm to any person. 2001, c. 28, s. 7 (2).

(3) Where property that is the subject of a proceeding or intended proceeding under section 8 was modified or sold or otherwise disposed of before an order is made under subsection 8 (1), the determination of whether the modified property or the property that was realized from the sale or other disposition of the property is an “instrument of unlawful activity” shall be based on whether the property was likely to be used to engage in unlawful activity before it was modified or sold or otherwise disposed of. 2007, c. 13, s. 28 (2).

Forfeiture order

8 (1) In a proceeding commenced by the Attorney General, the Superior Court of Justice shall, subject to subsection (3) and except where it would clearly not be in the interests of justice, make an order forfeiting property that is in Ontario to the Crown in right of Ontario if the court finds that the property is an instrument of unlawful activity. 2001, c. 28, s. 8 (1).

(2) The proceeding may be by action or application. 2001, c. 28, s. 8 (2).

References