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

Section 14 Disposition versions

2024-03-28

14. The Attorney General may, at any time during or even before the proceedings, apply to a judge for authorization to seize before judgment the property for which an application has been or is to be filed where there are serious reasons to believe that the property is proceeds or an instrument of unlawful activity or that it is intended to be used in the course of such activity. The judge authorizes the seizure, unless the judge considers that the consequences would be contrary to the public interest.

The application must be supported by an affidavit affirming that the property is proceeds or an instrument of unlawful activity, stating the serious reasons to believe that the property is proceeds or an instrument of unlawful activity or that it is intended to be used in the course of such activity, and indicating, if applicable, the deponent’s sources.

The rules of the Code of Civil Procedure (chapter C-25.01) apply to the seizure, with the necessary modifications.

2007, c. 34, s. 14; I.N. 2016-01-01 (NCCP); 2024, c. 7, s. 19.

2016-01-01

14. The Attorney General may, at any time during or even before the proceedings, apply to a judge for authorization to seize before judgment the property for which an application has been or is to be filed if there is reason to fear that the forfeiture of the property would otherwise be jeopardized or that the property would otherwise be destroyed, severely damaged or squandered.

The application must be supported by an affidavit affirming that the property is proceeds or an instrument of unlawful activity, stating the facts giving rise to the seizure and indicating, if applicable, the deponent’s sources.

The rules of the Code of Civil Procedure (chapter C-25.01) apply to the seizure.

2007, c. 34, s. 14; I.N. 2016-01-01 (NCCP).

2008-09-01

14. The Attorney General may, at any time during or even before the proceedings, apply to a judge for authorization to seize before judgment the property for which an application has been or is to be filed if there is reason to fear that the forfeiture of the property would otherwise be jeopardized or that the property would otherwise be destroyed, severely damaged or squandered.

The application must be supported by an affidavit affirming that the property is proceeds or an instrument of unlawful activity, stating the facts giving rise to the seizure and indicating, if applicable, the deponent’s sources.

The rules of the Code of Civil Procedure (chapter C-25) apply to the seizure.

2007, c. 34, s. 14.