Application for in rem forfeiture
490.2 (1) If an information has been laid in respect of an indictable offence under this Act or the Corruption of Foreign Public Officials Act, the Attorney General may make an application to a judge for an order of forfeiture under subsection (2).
Order of forfeiture of property
(2) Subject to sections 490.3 to 490.41, the judge to whom an application is made under subsection (1) shall order that the property that is subject to the application be forfeited and disposed of in accordance with subsection (4) if the judge is satisfied
(a) beyond a reasonable doubt that the property is offence-related property;
(b) that proceedings in respect of an indictable offence under this Act or the Corruption of Foreign Public Officials Act in relation to the property were commenced; and
(c) that the accused charged with the offence has died or absconded.
Accused deemed absconded
(3) For the purpose of subsection (2), an accused is deemed to have absconded in connection with the indictable offence if
(a) an information has been laid alleging the commission of the offence by the accused,
(b) a warrant for the arrest of the accused has been issued in relation to that information, and
(c) reasonable attempts to arrest the accused under the warrant have been unsuccessful during a period of six months beginning on the day on which the warrant was issued,
and the accused is deemed to have so absconded on the last day of that six month period.
Who may dispose of forfeited property
(4) For the purpose of subsection (2), the judge shall
(a) if the prosecution of the offence was commenced at the instance of the government of a province and conducted by or on behalf of that government, order that the property be forfeited to Her Majesty in right of that province to be disposed of or otherwise dealt with in accordance with the law by the Attorney General or Solicitor General of that province; and
(b) in any other case, order that the property be forfeited to Her Majesty in right of Canada to be disposed of or otherwise dealt with in accordance with the law by the member of the Queen’s Privy Council for Canada that is designated by the Governor in Council for the purpose of this paragraph.
Property outside Canada
(4.1) An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.
Definition of judge
(5) In this section and sections 490.5 and 490.8, judge means a judge as defined in section 552 or a judge of a superior court of criminal jurisdiction.
Annotations
- Part XV