Bill 259 — Second Session, 20Th Legislature, 33 Elizabeth Ii the Legislative Assembly of Alberta Bill 259 Profit From Crime Act (Legislature 20, Session 2)

L20 S2 3599

Alberta — Bills

1984 BILL Second Session, 20th Legislature, 33 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL PROFIT FROM CRIME ACT MR. R. SPEAKER First Reading Second Reading Committee of the Whole Third Reading Royal Assent BiU Mr. R. Speaker BILL PROFIT FROM CRIME ACT (Assented to , 1984) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions '\ J^ ^J^j^ ^^.^ (a) "associate" in relation to a person means (

i) his spouse or dependant, (ii) a partnership or corporation in which he has shares or of which he is a director, partner, employee or agent, or (iii) his trustee or agent; (b) "profit from crime" means any property or financial gain which accrues directly or indirectly to a person who is convicted of having committed an offence or being an accessory to an offence under the Criminal Code (Canada) or the Narcotic Con trol Act (Canada), or to his associate and is, wholly or partly, a result of the offence, and includes (

i) the profits of a transaction which constituted the off ence or an element of it, (ii) the profits from any interview, book, film or other work that is based wholly or partly on the offence or events relating to it or is an account of or depends substantially upon the experience of the events constituting the offence, relating to it, leading up to it or following upon it, or (iii) any property acquired by, or manufactured by a pro cess acquired by the commission of the offence or a trans action that constituted or was an element in the offence. Appiicauon.o 2 (

a) Thc Attomcy Gcncral, or Tnist; payment Directions from court Investment of 'rust money Coming into force (

b) any person who has been awarded damages by a court on the basis of any act or omission in respect of which there has been a conviction under the Criminal Code (Canada) or the Narcotic Control Act (Canada) may apply to the court for an order that any financial gain or property that has accrued to the person convicted or to his associate, is a profit from crime pursuant to this Act. 3(1) Where the court has made an order pursuant to

section 2, the profit from crime, other than that acquired by a bona fide purchaser for value, shall be transferred to the Attomey General, who shall hold it in trust for the purposes of this section.

(2) Any person who has been awarded damages against the person convicted of committing or being an accessory to an offence in question in respect of the action that constituted the offence may, within 60 days of the award, make a claim to the Attomey General to receive any unpaid part of the amount of the damages awarded to him out of any profit from crime relating to the matter, held in tmst by the Attomey General.

(3) The Attomey General shall determine the validity of any claim made to him pursuant to subsection (2) and shall serve the claimant with notice of his decision.

(4) A person who has been served notice from the Attomey General that his claim has been refused may appeal the refund to the Court of Queen's Bench within 60 days of the service of the notice.

(5) If, 2 years after the receipt by the Attorney General of the profit from crime into tmst, or at the time when all claims made to him pursuant to subsection (2) have either been paid or settied pur suant to subsections (3) and (4), whichever is the later date and there remains in tmst all or part of the profit from crime, the Attomey General shall transfer it to the Crimes Compensation Board for the general purposes of the Criminal Injuries Compensation Act. 4 The Attomey General may apply to the court for directions as to the validity of a claim made on, or as to the disbursement of moneys held by him in trust pursuant to this Act. 5 The Attorney General may make such investments of moneys held by him in tmst, as tmstees may make pursuant to the Trustees Act. 6 This Act comes into force on Proclamation.

Title: 1984 (20th, 2nd) Bill 259, Profit from Crime Act

Document details

Collection	Alberta — Bills
Citation	L20 S2 3599
Type	bill
Volume / chapter	L20 S2 3599
Language	en
Format	json
Source	PROVINCIAL
Identifier	b8fff934e09cf5709e67e487393127d3918d6fb2

Source file is stored in the law ingest library (json).