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2011/2012 Legislative Session: 4th Session, 39th Parliament

THIRD READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

Certified correct as passed Third Reading on the 19th day of April, 2012

Craig James, Clerk of the House

HONOURABLE SHIRLEY BOND

MINISTER OF JUSTICE AND ATTORNEY GENERAL

BILL 28 — 2012

CRIMINAL ASSET MANAGEMENT ACT

Contents

Interpretation

Director of Criminal Asset Management

Director’s responsibilities

Director’s powers

Money held in trust

Management of property forfeited to Crown

Application for compensation

Payment to eligible victim

Manner of payment

Reconsideration of decision

Repayment of excess compensation received

Criminal Asset Management Fund

Offences

Section 5 of Offence Act does not apply

Regulations

Consequential Amendment

Commencement

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia,

enacts as follows:

Interpretation

(1) In this Act:

"director" means the Director of Criminal Asset Management designated under

section 2;

"eligible victim" means a person who

(

a) suffered pecuniary loss as a direct result of a criminal or quasi-criminal activity that resulted in forfeiture, to which this Act

applies, of property,

(

b) did not engage, directly or indirectly, in the commission of the criminal or quasi-criminal activity, and

(

c) meets the criteria prescribed under this Act;

"fund" means the Criminal Asset Management Fund continued under

section 12;

"proceeds of crime" means any property, benefit or advantage that

(

a) falls within the definition of “proceeds of crime” in

section 462.3 of the Criminal Code , or

(

b) is obtained or derived, directly or indirectly, as a result of

an act or omission that, in the jurisdiction in which the act or

omission occurs, constitutes an offence;

"property" includes a portion of property or a portion of an interest in property;

"relevant provision" means a provision of the Criminal Code or any other federal Act prescribed as a relevant provision.

(2) A relevant provision prescribed under

section 15 is deemed to include any similar provision of an enactment of a jurisdiction outside of

Canada.

Director of Criminal Asset Management

(1) The minister may, in writing, designate as Director of Criminal Asset Management a person who is appointed under the Public

Service Act .

(2) The director may delegate, with or without conditions, any or all of the powers, functions and duties of the director under this Act to a

person or class of persons.

(3) A delegation under subsection (2) must be in writing and may include any terms or conditions the director considers appropriate.

Director’s responsibilities

(1) The director is responsible for the following:

(

a) taking possession and control of, and managing or otherwise dealing with, property that is the subject of a management order obtained by

the minister under

section 83.13, 462.331 or 490.81 of the Criminal Code ;

(

b) administering and managing property that is the subject of a restraint order obtained by the minister under

section 83.13, 462.33 or 490.8

of the Criminal Code ;

(

c) taking possession and control of, preserving, managing, disposing of or otherwise dealing with property that is forfeited to the

government 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 ;

(

d) taking possession and control of, preserving, managing, disposing of or otherwise dealing with property that is forfeited to the

government under a relevant provision.

(2) The director must perform any additional duties assigned to the director by the minister.

Director’s powers

(1) The director may take possession and control of, preserve, manage, dispose of or otherwise deal with any property described in

section 3

(1) (

c) or (

d) in any manner that the director considers appropriate.

(2) Without limiting the generality of subsection (1), the director may

(

a) take possession and control of, and preserve or manage, the property for the length of time and on the terms that the director considers

appropriate,

(

b) dispose of the property at the price and on the terms that the director considers appropriate,

(

c) do anything the director 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 or repairs to the property to maintain its economic value,

(

d) dispose of perishable or rapidly depreciating property, or

(

e) destroy property that has little or no value.

Money held in trust

(1) Any money received by the director, or realized from the disposition of property referred to in

section 3 (1) (

a) or (b), that has not yet

been forfeited to the government or had its entitlement otherwise determined in accordance with law must be held in trust by the

director.

(2) Unless the money is forfeited to the government, the director must pay money held in trust and any interest or other income earned on the

money to the person determined to be entitled to that money.

(3) If money held in trust under this

section is forfeited to the government, the director must pay the money and any interest or other income

earned on that money into the fund.

Management of property forfeited to Crown

6 Property that is forfeited to the government as described in

section 3 (1) (

c) or (

d) must be dealt with by the director as provided under

sections 3 and 4.

Application for compensation

7 A person may apply, in accordance with the regulations, for compensation from the fund as an eligible victim.

Payment to eligible victim

(1) Subject to this Act and the regulations and on receipt of an application under

section 7, the director may pay to an eligible victim an

amount in the circumstances and subject to the conditions and limitations that the director considers appropriate.

(2) Despite subsection (1), the director may not pay to an eligible victim of a criminal or quasi-criminal activity a total amount that

exceeds the sum of

(

a) any money forfeited as a result of the activity, and

(

b) the net proceeds, as determined by the regulations, resulting from the disposition of any property forfeited as a result of the

activity.

Manner of payment

9 In compensating an eligible victim under

section 8, the director may do the following:

(

a) pay an eligible victim in one or more installments;

(

b) prorate payments, in accordance with the regulations, among eligible victims or a category of eligible victims.

Reconsideration of decision

10 On application to the director, or on the director’s own initiative, the director may reconsider a decision under

section 8 or 9 respecting

the payment of compensation or eligibility for compensation.

Repayment of excess compensation received

11 If an eligible victim receives from the fund money that is in excess of the amount awarded to the eligible victim under this Act, the eligible

victim is liable to repay to the director the amount of compensation to which that eligible victim was not entitled.

Criminal Asset Management Fund

(1) The Forfeited Crime Proceeds Fund, established under the Special Accounts Appropriation and Control Act , is continued

as a special account in the general fund of the consolidated revenue fund to be known as the Criminal Asset Management Fund.

(2) The fund consists of

(

a) the closing balance in the Forfeited Crime Proceeds Fund at the end of the day before this

section comes into force, and

(

b) the money paid into the special account under subsection (3).

(3) The following must be paid into the fund:

(

a) any money provided to the minister or the government as proceeds of crime by or on behalf of

(ii) the government of a jurisdiction referred to in paragraph (

b) of the definition of “proceeds of crime”;

(

b) any money provided to the minister or the government that was paid as a fine under

(

i) section 462.37 (3) of the Criminal Code ,

(ii) any similar provision in any other federal Act, or

(iii) any similar provision of the laws of a jurisdiction outside of Canada;

(

c) any money forfeited 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 and provided to the minister or the government;

(

d) any money forfeited under a relevant provision and provided directly to the minister or the government, or by or on behalf of

(ii) the government of a jurisdiction referred to in

section 1 (2);

(

e) any money realized from the disposition of property by the director under

section 4;

(

f) any money and interest or other income referred to in

section 5 (3);

(

g) any money repaid to the director under

section 11.

(4) Despite

section 21 (3) of the Financial Administration Act but subject to this Act and the regulations, the director

may make payments out of the fund for one or more of the following purposes:

(

a) compensation of eligible victims;

(

b) crime prevention and remediation;

(

c) administration of this Act, including, without limitation, any costs related to taking possession and control of, preserving, managing,

disposing of or otherwise dealing with property for the purposes of this Act;

(

d) other prescribed purposes.

(5) The director may make payments out of the fund for purposes referred to in subsection (4) (

d) only with the approval of the Minister of

Finance.

(6) The cumulative total of amounts paid out of the special account under subsection (4) must not be larger than the cumulative total of the

balance referred to in subsection (2) (

a) and the amounts paid into the special account under subsection (3).

Offences

(1) A person must not

(

a) interfere with, impede or obstruct the director or any person acting on behalf of the director in carrying out or attempting to carry out

the director’s duties under this Act, or

(

b) withhold, destroy or conceal, or refuse to furnish, any information or thing required by the director or any person acting on behalf of

the director for the purposes of managing property referred to in

section 3.

(2) A person must not knowingly make a false or misleading statement, either orally or in writing, to the director or any person acting on

behalf of the director while he or she is engaged in carrying out his or her duties under this Act.

(3) A person who contravenes subsection (1) or (2) commits an offence.

Section 5 of Offence Act does not apply

Section 5 of the Offence Act does not apply to this Act or the regulations.

Regulations

(1) The Lieutenant Governor in Council may make regulations referred to in

section 41 of the

Interpretation Act .

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(

a) prescribing a relevant provision for the purpose of

section 3 (1) (d) [director’s responsibilities] ;

(

b) prescribing a relevant provision for the purpose of

section 12 (3) (d) [forfeited money] ;

(

c) respecting compensation of eligible victims under this Act, including the application for and the information in support of an application for compensation under this Act;

(

d) respecting circumstances in which no payment of compensation may be made to an eligible victim or a category of eligible victims;

(

e) respecting the process for adjudication of an application for compensation and the factors, if any, to be considered in determining the amount of compensation to be awarded to an eligible victim;

(

f) establishing circumstances in which an amount is required to be deducted or set off from another amount that is to be paid under this Act to an eligible victim;

(

g) respecting the fund and payments from the fund;

(

h) respecting any other matter for which regulations are contemplated by this Act.

(3) In making regulations under this section, the Lieutenant Governor in Council may do one or more of the following:

(

a) make different regulations for different circumstances or classes of persons, property or criminal or quasi-criminal activity;

(

b) delegate a matter to a person;

(

c) confer a discretion on a person.

Consequential Amendment

Special Accounts Appropriation and Control Act

16 Sections 7 and 10 (2) (

a) and (

b) of the Special Accounts Appropriation and Control Act, R.S.B.C. 1996, c. 436, are repealed.

Commencement

17 This Act comes into force by regulation of the Lieutenant Governor in Council.

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