B I L L No. 38

An Act to amend The Seizure of Criminal Property Act, 2009 (Assented to ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows:

Short title 1 This Act may be cited as The Seizure of Criminal Property Amendment Act, 2021. SS 2009, c S-46.002 amended 2 The Seizure of Criminal Property Act, 2009 is amended in the manner set forth in this Act.

Section 2 amended 3

Section 2 is amended: (

a) in clause (e.1) by striking out “section 6” and substituting “section 2.3”; (

b) by adding the following clause after clause (f): “(f.1) ‘financial institution’ includes: (

i) a bank; (ii) a credit union; (iii) the issuer of a credit card; (iv) a loan corporation as defined in The Trust and Loan Corporations Act, 1997; (

v) a trust corporation as defined in The Trust and Loan Corporations Act, 1997; (vi) a payday lender as defined in The Payday Loans Act”; (

c) by adding the following clause after clause (i): “(i.1) ‘investigation order’ means an order made pursuant to

section 2.3”; (

d) by adding the following clause after clause (j): “(j.1) ‘law enforcement agency’ means: (

i) a police service or regional police service as defined in The Police Act, 1990; (ii) the Royal Canadian Mounted Police; or (iii) a prescribed agency or organization”;

SEIZURE OF CRIMINAL PROPERTY AMENDMENT ACT, 2021 2 (

e) by adding the following clause after clause (k.1): “(k.2) ‘personal information’ means personal information as defined in The Freedom of Information and Protection of Privacy Act”; (

f) by adding the following clauses after clause (m): “(m.1) ‘preliminary disclosure order’ means an order made pursuant to

section 2.2; “(m.2) ‘preliminary preservation order’ means an order made pursuant to

section 2.1”; (

g) by repealing clause (

o) and substituting the following: “(o) ‘prior registered interest’ means: (

i) with respect to real property, an interest that was registered against the property in accordance with The Land Titles Act, 2000 or any former Land Titles Act before an interest is registered by the director pursuant to subsection 2.1(7) or

section 4; and (ii) with respect to personal property, a security interest that was registered against the property in accordance with The Personal Property Security Act, 1993 or any former Personal Property Security Act before a notice is registered by the director pursuant to subsection 2.1(7),

section 5 or subsection 10.2(2)”; (

h) by repealing clause (

p) and substituting the following: “(p) ‘proceeds of unlawful activity’ means any of the following: (

i) property acquired directly or indirectly, in whole or in part, as a result of unlawful activity, whether the property was acquired before or after the coming into force of this Act; (ii) an increase in the value of property, or a decrease in a debt obligation secured against property, if the increase or decrease resulted directly or indirectly from unlawful activity; (iii) property realized by the sale or other disposition of an instrument of unlawful activity”; and (

i) by repealing clause (

t) and substituting the following: “(t) ‘respondent’ means, in the case of an application pursuant to this Act brought by notice of application, the person named as respondent in the notice of application and includes, for the purposes of sections 2.1, 2.2, 2.3 and 6, a possible respondent”.

SEIZURE OF CRIMINAL PROPERTY AMENDMENT ACT, 2021 3 New

Part I.1 4 The following

Part is added after

Part I: “PART I.1 Preliminary and Investigation Orders “Preliminary preservation order 2.1(1) Before commencing proceedings pursuant to

Part II or II.1, the director may apply without notice to the court for one or more of the following orders: (

a) an order restraining the disposition of the property; (

b) an order for the possession, delivery or safekeeping of the property; (

c) any other order respecting the preservation, management or disposition of the property that the court considers appropriate.

(2) An application mentioned in subsection (1) must: (

a) describe the property with sufficient detail to make it readily identifiable; and (

b) name the following as respondents: (

i) any person who is in possession of the property, unless the property is in the possession of a law enforcement agency; (ii) any person with a prior registered interest in the property; (iii) any other person the director has reason to believe has an interest in the property.

(3) Unless it clearly would not be in the interests of justice, the court shall make a preliminary preservation order pursuant to subsection (1) if it is satisfied that there are reasonable grounds to suspect that the property is proceeds of unlawful activity or an instrument of unlawful activity.

(4) A preliminary preservation order may be made for a period not exceeding 60 days.

(5) An application to extend the order may be made only: (

a) on notice to every party to the application, unless the court is satisfied that the order ought to be extended without notice to a party because: (

i) that party has been evading service; or (ii) there are other exceptional circumstances; and (

b) for a further period to be determined by the court or until there is a further order of the court.

(6) If requested to do so by the director, the court may assign duties respecting property to the asset manager when making a preliminary preservation order.

(7) After the court makes a preliminary preservation order: (

a) if the order is with respect to real property,

section 4 applies, with any necessary modification; and (

b) if the order is with respect to personal property,

section 5 applies, with any necessary modification.

SEIZURE OF CRIMINAL PROPERTY AMENDMENT ACT, 2021 4 “Preliminary disclosure orders 2.2(1) Before commencing proceedings pursuant to

Part II, the director may apply without notice to the court for an order requiring a person to provide a statement: (

a) setting out the nature and extent of the person’s interest in the property that is the subject of the proceeding; (

b) explaining the particulars of the person’s acquisition of the property, including how any costs incurred in acquiring the property were met; (

c) setting out the sources and amounts of the person’s lawfully obtained income and assets; (

d) if the person holds the property, or any part of the property, in trust for another person, setting out the details of the trust and the identity of the beneficial owners; and (

e) setting out any other information the director considers relevant relating to the property.

(2) An application mentioned in subsection (1) must: (

a) describe the property with sufficient detail to make it readily identifiable; and (

b) name the following as respondents: (

i) any person who is in possession of the property, unless the property is in the possession of a law enforcement agency; (ii) any person with a prior registered interest in the property; (iii) any other person the director has reason to believe has an interest in the property.

(3) Unless it clearly would not be in the interests of justice, the court shall make a preliminary disclosure order pursuant to subsection (1) if it is satisfied that: (

a) there are reasonable grounds to suspect: (

i) the respondent has a prior registered interest in, is the owner of, or has possession of, the property; (ii) at the time that the application is made, the total fair market value of the property mentioned in clause (2)(

a) exceeds the prescribed amount; (iii) the known sources of the respondent’s lawfully obtained income and assets would have been insufficient to enable the respondent to acquire the property; and (iv) the respondent, or a person who does not deal with the respondent at arm’s length, is, or has been, involved in unlawful activity; and (

b) the information or documents to be provided under the order would assist the director in determining whether to commence proceedings pursuant to

Part II.

SEIZURE OF CRIMINAL PROPERTY AMENDMENT ACT, 2021 5

(4) For the purposes of clause (3)(a): (

a) the respondent is deemed to have acquired the property for a price equivalent to its fair market value; (

b) the respondent is deemed to possess the property if the property is available for use by the respondent; (

c) the known sources of the respondent’s income and assets are the sources reasonably ascertainable from available information at the time the application for the order is made; (

d) more than one person may have an interest in the property; (

e) persons are deemed not to be dealing at arm’s length with each other when they are deemed for the purposes of the Income Tax Act (Canada) not to be dealing at arm’s length with each other; and (

f) the property may have been acquired before or after the coming into force of this section.

(5) A preliminary disclosure order must specify: (

a) the form and manner in which the statement pursuant to subsection (1) is to be provided; (

b) the person to whom the statement is to be given; and (

c) the place the statement is to be given or, if the statement is to be provided in writing, the address to which it is to be sent.

(6) A preliminary disclosure order may require the respondent to provide documents as specified in the order.

(7) The respondent must comply with a preliminary disclosure order within the period specified in the order, and different periods may be specified in relation to different requirements.

(8) A statement made, or a document provided, by a person in compliance with a requirement imposed under a preliminary disclosure order must not be used or disclosed except in proceedings pursuant to, or for the purposes of, this Act. “Investigation orders 2.3(1) On an application without notice by the director, the court may make one or more of the following investigation orders respecting property that is, or may become, the subject of an application for a forfeiture order made pursuant to

Part II or II.1: (

a) an order authorizing the director to investigate and inventory the property of the person named in the application without notice as the respondent or defendant; (

b) an order authorizing the director to do all or any of the following: (

i) enter and search any place or premises named in the order, including a financial institution, private business or other place of business; (ii) stop and search any vehicle described in the order;

SEIZURE OF CRIMINAL PROPERTY AMENDMENT ACT, 2021 6 (iii) search any person if the director has reasonable grounds to believe that the person has concealed on his or her person anything that may be evidence of property that is proceeds of unlawful activity or an instrument of unlawful activity; (iv) seize and remove from any place, premises or vehicle searched anything that may be evidence of property that is proceeds of unlawful activity or an instrument of unlawful activity.

(2) With an order made pursuant to clause (1)(b), the director may: (

a) enter at any time and search any place or premises named in the order; (

b) stop and search any vehicle described in the order; (

c) search any person in accordance with subclause (1)(b)(iii); (

d) open and examine the contents within any trunk, box, bag, parcel, closet, cupboard or other receptacle that the director finds in or on the place, premises or vehicle; (

e) require the production of and examine any records or property that the director believes, on reasonable grounds, may contain information related to property that is proceeds of unlawful activity or an instrument of unlawful activity; (

f) remove, for the purpose of making copies, any records examined pursuant to this section; and (

g) seize and remove from any place, premises or vehicle searched anything that may be evidence of property that is proceeds of unlawful activity or an instrument of unlawful activity.

(3) Unless it clearly would not be in the interests of justice, the court shall make an order pursuant to subsection (1) if it is satisfied that there are reasonable grounds to suspect that the property is proceeds of