B-5 - Escheat and Confiscation Act

Updated to 1 April 1999

This document has official status.

chapter B-5

Escheat and Confiscation Act

Repealed, 1992, c. 57, s. 445.

1992, c. 57, s. 445.

1. Saving any special provision to the contrary, the Minister of Energy and Resources shall have charge of the carrying out of this act.

R. S. 1964, c. 315, s. 1; 1979, c. 81, s. 20.

2. Property that has devolved or may devolve upon the Crown by escheat, and property confiscated for any cause, shall be under the control of the Minister of Energy and Resources.

The Minister of Energy and Resources may, out of such property or its proceeds, pay the costs and expenses occasioned by the taking possession of, as well as any debt that may be due by the estate.

R. S. 1964, c. 315, s. 2; 1979, c. 81, s. 20.

3. Such property may be sold, assigned or transferred by the Government upon such conditions as it may impose.

It may delegate, generally or specially, its powers in this respect to a member of the Conseil exécutif or to any other person it shall designate.

R. S. 1964, c. 315, s. 3; 1977, c. 5, s. 14.

4. The Government may also dispose of the whole or part of such property gratuitously, conditionally or unconditionally, in favor of any person, with the view either of transferring it to some person having claims to exercise or equitable rights against the person who had been the owner, or to carry out the intentions or wishes of such person, or to reward those who discovered or made known the existence of such property.

R. S. 1964, c. 315, s. 4.

5. The Government may also dispose of, gratuitously or by onerous title, in the manner regulated by sections 3 and 4, all interest in, right over or pretensions to the said property; and the transferee may in his own name apply to the courts to be placed in possession, and adopt all proceedings which the Crown might adopt.

R. S. 1964, c. 315, s. 5.

6. This act shall apply to the Jesuits’ estates, but shall not apply to other confiscated or escheated property with respect to which there exists any special statute.

R. S. 1964, c. 315, s. 6.

7. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 315 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter B-5 of the Revised Statutes.