BILL 27

Management of Seized and Forfeited Property Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

Definition

1 In this Act, “Fund” means the Proceeds of Crime Trust Fund established under subsection 6(1).

Property to be managed or sold by the Attorney General

2(1) The Attorney General shall manage, take control of, administer or otherwise deal with the following property:

(a)  property that is the subject of a management order obtained by the Attorney General under section 83.13, 462.331 or 490.81 of the Criminal Code (Canada);

(b)  property that is the subject of a management order obtained by the Attorney General under section 14.1 of the Controlled Drugs and Substances Act (Canada);

(c)  property that is the subject of a restraint order obtained by the Attorney General under section 462.33 or 490.8 of the Criminal Code (Canada);

(d)  property that is the subject of a restraint order obtained by the Attorney General under section 14 of the Controlled Drugs and Substances Act (Canada);

(e)  property that is the subject of a warrant obtained by the Attorney General under section 462.32 of the Criminal Code (Canada); and

(f)  any property that is managed, taken control of, administered or otherwise dealt with by the Attorney General under a prescribed provision of the Criminal Code (Canada).

2(2) The Attorney General shall manage, take control of, administer, sell or otherwise dispose of or deal with the following property:

(a)  property forfeited to Her Majesty in right of the Province under section 83.14, 199, 462.37, 462.38, 462.43, 490, 490.01, 490.1, 490.2 or 491.1 of the Criminal Code (Canada);

(b)  property forfeited to Her Majesty in right of the Province under subsection 16(2) or 17(2) of the Controlled Drugs and Substances Act (Canada); and

(c)   any other property that is forfeited to Her Majesty in right of the Province under a prescribed provision of the Criminal Code (Canada).

Powers and duties of the Attorney General

3(1) In the exercise or performance of any power or duty in relation to property under subsection 2(2), the Attorney General shall manage, take control of, sell or otherwise deal with the property as he or she considers appropriate.

3(2) Without limiting the generality of subsection (1), the Attorney General may

(a)  take possession of and preserve or manage the property for the length of time and on the terms that the Attorney General considers proper,

(b)  sell, assign or otherwise dispose of the property, or any interest in the property, at the price and upon the terms that the Attorney General considers proper,

(c)  do anything the Attorney General considers advisable for the ongoing management or operation of the property before its final disposition, including,

(i) complying with the terms of any order to which the property is subject, including an order to comply with environmental, industrial, labour or property standards or to pay taxes, utility charges or other charges, or

(ii) making improvements to the property to maintain its economic value, and

(d)  in the case of property that has little or no value, destroy that property.

3(3) Subject to subsection (2)(d), all property referred to in subsection 2(2), other than cash, forfeited to Her Majesty in right of the Province shall be sold or otherwise disposed of in accordance with this Act .

3(4) The Attorney General may deduct from the proceeds of any sale or other disposition of the property referred to in subsection 2(2) any reasonable cost or expense incurred by the Attorney General that relates to the control, administration, management, selling or other disposition of the property.

Designation

4 The Attorney General may designate any person to act on his or her behalf for the purposes of this Act.

Contract for services

5(1) The Attorney General may contract for professional services, as the Attorney General considers necessary, to enable the Attorney General to fulfil his or her responsibilities under this Act.

5(2) Any person with whom the Attorney General has made a contract for professional services shall manage, sell or otherwise dispose of the property in accordance with the limitations, terms, conditions and requirements set out in the contract for services and with the provisions of this Act.

Establishment of the Proceeds of Crime Trust Fund

6(1) There is hereby established a fund to be known as the Proceeds of Crime Trust Fund.

6(2) The Attorney General shall be the custodian of the Fund and the Fund shall be held in trust by the Attorney General.

6(3) The Fund shall be a separate account in the Consolidated Fund.

6(4) All interest arising from the Fund shall be paid into and form part of the Fund

Payments into Fund

7 Notwithstanding the Escheats and Forfeitures Act, the following shall be paid into the Fund:

(a)  subject to section 462.49 of the Criminal Code (Canada),

(i) money forfeited to Her Majesty in right of the Province under section 83.14, 199, 462.37, 462.38, 462.43, 490, 490.01, 490.1, 490.2 or 491.1 of the Criminal Code (Canada), and

(ii) money that is the proceeds of the sale or other disposition of property described in subsection 2(2), after the deduction of reasonable costs and expenses; and

(b)  money provided to the Attorney General or the Province that was paid as a fine under subsection 462.37(3) of the Criminal Code (Canada).

Payments out of Fund

8(1) The Attorney General may make payments out of the Fund for the following purposes:

(a)  crime prevention or law enforcement;

(b)  victim restitution; and

(c)  the administration of criminal justice.

8(2) Without limiting the generality of subsection (1), payments out of the Fund may include payments for the following:

(a)  costs or expenses that relate to the control, administration, management, selling or other disposition of the property referred to in section 2; and

(b)  costs or expenses that relate to complying with a court order with respect to any interest in property that has been forfeited to Her Majesty in right of the Province.

8(3) Payments for the purposes of this section are a charge upon and payable out of the Fund.

Proceeds of Crime Strategic Management Committee

9(1) The Proceeds of Crime Strategic Management Committee is hereby established.

9(2) The Proceeds of Crime Strategic Management Committee shall consist of officials from the Office of the Attorney General and officials from the Department of Public Safety, appointed by the Attorney General and the Minister of Public Safety respectively.

9(3) The Proceeds of Crime Strategic Management Committee shall advise the Attorney General respecting the management and administration of the Fund.

Immunity

10 No action or other proceeding for damages or otherwise shall be instituted against the Attorney General or any agent, servant or employee of the Attorney General for any act done in good faith in the performance or intended performance of any duty under this Act or in the exercise or in the intended exercise of any power under this Act, or for any neglect or default in the performance or exercise in good faith of any such duty or power.

Indemnity

11 The Attorney General may indemnify any person acting on his or her behalf against any claim made against that person in respect of anything done, or omitted to be done, in good faith by that person in relation to any property referred to in section 2 that is in the possession or under the control of the Attorney General.

Prohibitions

12(1) No person shall interfere with, impede or obstruct the Attorney General or any person acting on behalf of the Attorney General in carrying out or attempting to carry out his or her duties under this Act, or withhold or destroy or conceal or refuse to furnish any information or thing required by the Attorney General or any person acting on behalf of the Attorney General for the purposes of managing property referred to in section 2.

12(2) No person shall knowingly make a false or misleading statement, either orally or in writing, to the Attorney General or any person acting on behalf of the Attorney General while he or she is engaged in carrying out his or her duties under this Act.

Offence

13 A person who violates or fails to comply with subsection 12(1) or (2) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.

Administration

14 The Attorney General is responsible for the administration of this Act.

Regulations

15 The Lieutenant-Governor in Council may make regulations prescribing provisions of the Criminal Code (Canada) for the purposes of paragraph 2(1)(f) and (2)(c).

COMMENCEMENT

Commencement

16 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.