Criminal Enterprise Suppression Act, C-46.1

1 CRIMINAL ENTERPRISE SUPPRESSION c C-46.1 The Criminal Enterprise Suppression Act being Chapter C-46.1 of The Statutes of Saskatchewan, 2005 (effective October 24, 2005) as amended by the Statutes of Saskatchewan, 2018, c C-2.111; 2021, c 6; and 2024, c 4. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 c C-46.1 CRIMINAL ENTERPRISE SUPPRESSION Table of Contents PART I PART III Title and Interpretation Conduct of Proceedings 1 Short title 12 Standard of proof 2 Interpretation 13 Presumption re offences PART II PART IV Orders Appeals 14 Appeal of order DIVISION I Member of a Criminal Organization 15 Decision by Court of Appeal Owning or Managing a Business 16 No further appeal 3 Application PART V 4 Order General DIVISION II 17 Service Member of a Criminal Organization 18 Corporation may not be revived Applying for a Licence 19 Other remedies reserved 5 Application 20 Crown acting in place of police chief 6 Order 21 Immunity DIVISION III 22 Regulations Carrying on a Business to Advance an Unlawful Activity PART VI 7 Application Coming into Force 8 Order 23 Coming into force DIVISION IV Persons Conspiring to Engage in Unlawful Activity 9 Application 10 Order 11 Damages re conspiracy to engage in unlawful activity 3 CRIMINAL ENTERPRISE SUPPRESSION c C-46.1 CHAPTER C-46.1 An Act respecting Civil Remedies against Organized Crime PART I Title and Interpretation Short title 1 This Act may be cited as The Criminal Enterprise Suppression Act. Interpretation 2(1) In this Act: (a) “business” means an undertaking involving the provision of goods or services, whether for profit or not; (b) “court” means the Court of King’s Bench; (c) “criminal organization” means a criminal organization as defined in the Criminal Code; (d) “criminal organization offence” means a criminal organization offence as defined in the Criminal Code; (e) “injury to the public” includes: (i) any unreasonable interference with the public health, safety, comfort or convenience; (ii) any unreasonable interference with the public’s enjoyment of property; and (iii) any expense or increased expense incurred by the public, including any expense or increased expense incurred by the Crown in right of Saskatchewan or a municipality; (f) “licence” means any licence, permit or authorization issued or granted pursuant to The Alcohol and Gaming Regulation Act, 1997, The Cannabis Control (Saskatchewan) Act, The Fuel Tax Act, 2000, The Provincial Sales Tax Act or The Tobacco Tax Act, 1998; (g) “minister” means the member of the Executive Council to whom for the time being the administration of this Act is assigned; (h) “police chief” means: (i) the chief as defined in The Police Act, 1990; or (ii) the officer in charge of a detachment for the Royal Canadian Mounted Police; and includes a person to whom the person mentioned in subclause (i) or (ii) has delegated his or her authority; 4 c C-46.1 CRIMINAL ENTERPRISE SUPPRESSION (i) “respondent” means a person named as a respondent in an application made pursuant to this Act; (j) “unlawful activity” means an act or omission that is an offence pursuant to: (i) an Act of any province or territory of Canada or an Act of the Parliament of Canada; or (ii) an Act of a jurisdiction outside Canada, if a similar act or omission would be an offence pursuant to an Act or an Act of the Parliament of Canada if it were committed in Saskatchewan. (2) For the purposes of this Act, a person owns or manages a business if the person, directly or indirectly: (a) owns, controls or has a significant interest in it; (b) manages its operations; or (c) exercises, or is in a position to exercise, a significant degree of influence over its management. 2005, c C-46.1, s 2; 2018, c C-2.111, s 7.2; 2024, c 4, s 32. PART II Orders DIVISION I Member of a Criminal Organization Owning or Managing a Business Application 3 A police chief may apply to the court for an order described in section 4 if the police chief is satisfied that a respondent: (a) is a member of a criminal organization; and (b) owns or manages a business, or is reasonably expected to own or manage a business. 2005, c C-46.1, s 3. Order 4 If the court is satisfied that a respondent is a member of a criminal organization and owns or manages a business, or is reasonably expected to own or manage a business, the court may make an order doing one or more of the following: (a) cancelling any licence that is held or used in connection with the business; (b) prohibiting the respondent from owning or managing a business whose operation requires a licence for the period specified in the order; (c) directing the Liquor and Gaming Authority not to approve any premises used or occupied by the business for the purposes of section 51 of The Alcohol and Gaming Regulation Act, 1997 for the period specified in the order; 5 CRIMINAL ENTERPRISE SUPPRESSION c C-46.1 (d) directing the Cannabis Authority, as defined in The Cannabis Control (Saskatchewan) Act, not to issue a permit pursuant to that Act with respect to any premises used or occupied by the business for the period specified in the order. 2005, c C-46.1, s 4; 2018, c C-2.111, s 7.2. DIVISION II Member of a Criminal Organization Applying for a Licence Application 5(1) A police chief may apply to the court for an order described in section 6 if the police chief is satisfied that: (a) a respondent: (i) is a member of a criminal organization; and (ii) owns or manages a business, or is reasonably expected to own or manage a business; and (b) an application for a licence concerning that business has been made. (2) On making an application pursuant to subsection (1), the police chief shall provide notice of the application to the authority having jurisdiction with respect to the application for a licence mentioned in clause (1)(b). 2005, c C-46.1, s 5. Order 6(1) If the court is satisfied that a respondent is a member of a criminal organization and owns or manages, or is reasonably expected to own or manage, the business with respect to which an application for a licence mentioned in clause 5(1)(b) was made, the court may make an order doing one or more of the following: (a) directing that the application be denied; (b) directing that any application for a licence be denied that: (i) is similar to an application mentioned in clause 5(1)(b); and (ii) is made within the period specified in the order; (c) directing the Liquor and Gaming Authority not to approve any premises used or occupied by the business for the purposes of section 51 of The Alcohol and Gaming Regulation Act, 1997 for the period specified in the order; (d) directing the Cannabis Authority, as defined in The Cannabis Control (Saskatchewan) Act, not to issue a permit pursuant to that Act with respect to any premises used or occupied by the business for the period specified in the order. (2) Notwithstanding any other Act, if an application is made for a licence, the licence must not be issued while an application made pursuant to subsection 5(1) is pending. 2005, c C-46.1, s 6; 2018, c C-2.111, s 7.2. 6 c C-46.1 CRIMINAL ENTERPRISE SUPPRESSION DIVISION III Carrying on a Business to Advance an Unlawful Activity Application 7 A police chief may apply to the court for an order described in section 8 if the police chief is satisfied that a respondent owns or manages a business that, to the knowledge of the respondent, is being used to advance an unlawful activity. 2005, c C-46.1, s 7. Order 8 If the court is satisfied that a respondent owns or manages a business that, to the knowledge of the respondent, is being used to advance an unlawful activity, the court may make an order doing one or more of the following: (a) requiring the respondent to cease owning or managing the business, in a manner satisfactory to the court, within the period specified in the order; (b) requiring that the business cease operations in Saskatchewan within the period specified in the order; (c) requiring that the business be liquidated and dissolved in a manner directed by the court within the period specified in the order; (d) cancelling any licence that is held or used in connection with the business; (e) prohibiting the respondent from owning or managing a business whose operation requires a licence for the period specified in the order; (f) if the business is operated by a corporation incorporated pursuant to The Business Corporations Act, 2021, dissolving or liquidating and dissolving that corporation within the period specified in the order; (g) if the business is registered pursuant to The Business Names Registration Act, cancelling that registration; (h) directing the Liquor and Gaming Authority not to approve any premises used or occupied by the business for the purposes of section 51 of The Alcohol and Gaming Regulation Act, 1997 for the period specified in the order; (i) directing the Cannabis Authority, as defined in The Cannabis Control (Saskatchewan) Act, not to issue a permit pursuant to that Act with respect to any premises used or occupied by the business for the period specified in the order. 2005, c C-46.1, s 8; 2018, c C-2.111, s 7.2; 2021, c 6, s 23-26. 7 CRIMINAL ENTERPRISE SUPPRESSION c C-46.1 DIVISION IV Persons Conspiring to Engage in Unlawful Activity Application 9(1) A police chief may apply to the court for an order described in section 10 restraining a respondent’s activities if the police chief is satisfied that: (a) the respondent has conspired with anyone to engage in an unlawful activity; (b) the respondent knew or ought to have known that the unlawful activity would likely result in injury to the public; and (c) injury to the public has resulted, or will likely result, from the unlawful activity. (2) In an application pursuant to subsection (1), the police chief may seek damages from the respondent on behalf of the public for any injury to the public that results from the unlawful activity. (3) For the purposes of subsection (1), evidence that at least twice in the five years before the application was commenced the respondent engaged or conspired to engage in unlawful activity that resulted in injury to the public is admissible in evidence as proof, in the absence of evidence to the contrary, that similar unlawful activity would create a risk of injury to the public. 2005, c C-46.1, s 9. Order 10(1) The court may make any order that the court considers appropriate to restrain a respondent’s activities if the court is satisfied that: (a) the respondent has conspired with anyone to engage in an unlawful activity; (b) the respondent knew or ought to have known that the unlawful activity would likely result in injury to the public; and (c) injury to the public has resulted, or will likely result, from the unlawful activity. (2) If the court is satisfied that injury to the public has resulted from the unlawful activity, the court may include in the order a requirement that the respondent pay damages for that injury. (3) On an application by the police chief pursuant to section 9, the court may make any interim order that the court considers appropriate for the purpose of preventing or reducing the risk of injury to the public. (4) An order made pursuant to this section may specify the period during which it remains in effect. 2005, c C-46.1, s 10. 8 c C-46.1 CRIMINAL ENTERPRISE SUPPRESSION Damages re conspiracy to engage in unlawful activity 11(1) An amount payable pursuant to subsection 10(2) is a debt due and owing to the Crown in right of Saskatchewan. (2) The Minister of Finance shall deposit any money received as damages pursuant to this section in the victims’ fund continued pursuant to section 6 of The Victims of Crime Act, 1995. 2005, c C-46.1, s 11. PART III Conduct of Proceedings Standard of proof 12 Except as otherwise provided in this Act, in an application made pursuant to this Act, the standard of proof is to be on the balance of probabilities. 2005, c C-46.1, s 12. Presumption re offences 13 In an application made pursuant to this Act: (a) there is a rebuttable presumption that a person is a member of a criminal organization if he or she has been found guilty or convicted of a criminal organization offence; (b) evidence that a person was found guilty, convicted or found not criminally responsible on account of mental disorder with respect to an offence is admissible in evidence as proof that the person committed the offence; and (c) evidence that a person was charged with and acquitted of an offence pursuant to the Criminal Code, or that such a charge was withdrawn or stayed, is not relevant in making a finding of fact. 2005, c C-46.1, s 13. PART IV Appeals Appeal of order 14(1) An order made pursuant to this Act may only be appealed to the Court of Appeal: (a) on a question of law; and (b) with leave of a judge of the Court of Appeal. (2) An application for leave to appeal must be made within 14 days after the day the order of the court is pronounced or within any further time the Court of Appeal may allow. (3) The police chief is a party to any appeal and is entitled to be heard, by counsel or otherwise, on the appeal. 2005, c C-46.1, s 14. 9 CRIMINAL ENTERPRISE SUPPRESSION c C-46.1 Decision by Court of Appeal 15(1) On hearing an appeal, the Court of Appeal may: (a) dismiss the appeal; (b) allow the appeal; (c) allow the appeal subject to terms; (d) vary the order of the court; or (e) make any other order that the Court of Appeal considers appropriate. (2) The Court of Appeal may make any order as to costs that the Court of Appeal considers appropriate. 2005, c C-46.1, s 15. No further appeal 16 The decision of the Court of Appeal is final and there is no further appeal. 2005, c C-46.1, s 16. PART V General Service 17 When an order is made pursuant to this Act, the police chief who made the application shall serve the order on the authority having jurisdiction with respect to a licence described in the order, and that authority must comply with the terms of the order as soon as is reasonably practicable. 2005, c C-46.1, s 17. Corporation may not be revived 18 The provisions of The Business Corporations Act, 2021 that make it possible to revive a corporation do not apply with respect to a corporation dissolved or liquidated and dissolved by an order made pursuant to this Act. 2005, c C-46.1, s 18; 2021, c 6, s 23-26. Other remedies reserved 19 The right to commence any action or proceeding pursuant to this Act is in addition to, and does not derogate from, the right to commence any other action or proceeding that exists at common law or pursuant to any other Act. 2005, c C-46.1, s 19. 10 c C-46.1 CRIMINAL ENTERPRISE SUPPRESSION Crown acting in place of police chief 20(1) For the purposes of any application made pursuant to this Act, the Crown in right of Saskatchewan may act in the place of the police chief. (2) If the Crown in right of Saskatchewan is acting pursuant to subsection (1), all duties, powers and responsibilities of a police chief as described in this Act apply, with any necessary modification, to the actions of the Crown in right of Saskatchewan. 2005, c C-46.1, s 20. Immunity 21 No action or proceeding lies or shall be commenced against a police chief, any member of a police service, a board of police commissioners or the Crown in right of Saskatchewan if that person is acting pursuant to the authority of this Act or the regulations, for anything in good faith done, caused or permitted or authorized to be done, attempted to be done or omitted to be done by that person or by any of those persons pursuant to or in the exercise or supposed exercise of any power conferred by this Act or the regulations or in the carrying out or supposed carrying out of any order made pursuant to this Act or any duty imposed by this Act or the regulations. 2005, c C-46.1, s 21. Regulations 22 The Lieutenant Governor in Council may make regulations: (a) defining, enlarging or restricting the meaning of any word or expression used in this Act but not defined in this Act; (b) respecting any other matter or thing the Lieutenant Governor in Council considers necessary to carry out the intent of this Act. 2005, c C-46.1, s 22. PART VI Coming into Force Coming into force 23 This Act comes into force on proclamation. 2005, c C-46.1, s 23. REGINA, SASKATCHEWAN Printed by the authority of THE KING’S PRINTER Copyright©2024