Seizure of Criminal Property Act, 2009, S-46.002

1 SEIZURE OF CRIMINAL PROPERTY, 2009 c S-46.002 The Seizure of Criminal Property Act, 2009 being Chapter S‑46.002* of the Statutes of Saskatchewan, 2009 (effective July 1, 2009) as amended by the Statutes of Saskatchewan, 2013, c 34; 2014, c E‑13.1 and c 6; 2016, c C‑45.3; 2018, c C‑2.111 and c 42; 2019, c 24; 2022 c 40; and 2024, c 4. NOTE: This consolidation is not official and is subject to House amendments and Law Clerk and Parliamentary Counsel changes to Separate Chapters that may be incorporated up until the publication of the annual bound volume. Amendments have been incorporated for convenience of reference and the official Statutes and Regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the official Statutes and Regulations, errors that may have appeared are reproduced in this consolidation. 2 c S-46.002 SEIZURE OTFa bClReI MofIN CAoLn PtReOnPtEsRTY, 2009 PART I 16.3 Presumption re firearm associated Preliminary Matters with gangs or terrorism 1 Short title 16.4 Presumption re sexual offence 2 Interpretation 17 Presumption re criminal organization offence PART I.1 17.1 Proceedings by statement of claim Preliminary and Investigation Orders 18 Appeal of order 2.1 Preliminary preservation order 19 Decision by Court of Appeal 2.2 Preliminary disclosure orders 20 No further appeal 2.3 Investigation orders 21 No appeal of forfeiture order 2.4 Orders made in same proceeding 2.5 Applications sealed PART IV Administration PART II 22 Director appointed Forfeiture of Property 23 Director may collect information 3 Application 23.1 Information from registered interest holders 4 Notice of application re real property 23.2 Information from financial institution 5 Notice of application re personal property 24 Authorized disclosure 6 Interim orders 25 Reciprocal information exchange agreements 7 Forfeiture order 26 Agreements with other jurisdictions 8 Protection order 26.1 Proceedings pursuant to agreements 9 Protected holders of prior registered interests 26.2 Director’s interest in property 10 Other persons entitled to protection order 27 Asset manager appointed 10.01 Failure of respondent or defendant to comply 28 Powers of asset manager PART II.1 29 Power of sheriff to seize forfeited property Administrative Forfeiture Proceedings PART V 10.1 Interpretation Criminal Property Forfeiture Fund 10.2 Commencement of proceedings 30 Criminal property forfeiture fund established 10.3 Notice to interested persons 31 Investments of fund 10.4 Public notice of administrative forfeiture proceedings 32 Powers of minister re fund 10.5 Agency to maintain possession of subject property 33 Treasury Board orders and directives 10.6 Disputing administrative forfeiture 34 Use of fund 10.7 Director’s response to notice of dispute PART VI 10.71 Settlement re forfeiture General 35 Other remedies reserved 10.8 Forfeiture 35.1 Limitation of proceedings 10.9 Failure to file notice of dispute 36 No interest in property PART III Conduct of Proceedings 37 The Escheats Act does not apply 11 Standard of proof 38 Director not compellable as witness 12 Proof of offences 38.1 Evidence based on information and belief 13 Disclosure of interests 39 Immunity 14 Presumption re proceeds of unlawful activity 39.1 Offences 15 Presumption for members of criminal organization 40 Regulations 16 Presumption for instruments of unlawful activity PART VII 16.1 Presumption re community safety order Repeal, Consequential and Coming into Force 16.2 Presumption re vehicle‑related offence 41 SS 2005, c S‑46.001 repealed 42 SS 2004, c T‑18.1, section 186 amended 43 Coming into force 3 SEIZURE OF CRIMINAL PROPERTY, 2009 c S-46.002 CHAPTER S-46.002 An Act respecting the Forfeiture of Property Acquired by or Used in Criminal Activities and making a related amendment to The Traffic Safety Act PART I Preliminary Matters Short title 1 This Act may be cited as The Seizure of Criminal Property Act, 2009. Interpretation 2 In this Act: (a) “asset manager” means the asset manager appointed pursuant to section 27 and includes any deputy asset manager; (a.1) “business day” means a day other than a Saturday, Sunday or holiday; (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) “Crown” means, except in clause 9(1)(f), the Crown in right of Saskatchewan; (e.1) “defendant” means, in the case of an application pursuant to this Act brought by statement of claim, the person named as defendant in the statement of claim and includes, for the purposes of section 2.3, a possible defendant; (f) “director” means the director appointed pursuant to section 22 and includes any deputy director; (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; (g) “forfeiture order” means an order made pursuant to section 7; 4 c S-46.002 SEIZURE OF CRIMINAL PROPERTY, 2009 (h) “fund” means the criminal property forfeiture fund established pursuant to section 30; (i) “instrument of unlawful activity” means property that: (i) has been used to engage in unlawful activity that, in turn, resulted in or was likely to result in or was intended to result in the acquisition or production of property or in bodily harm to a person; or (ii) is likely to be used to engage in unlawful activity that, in turn, would be likely to or is intended to result in the acquisition or production of other property or in bodily harm to a person; (i.1) “investigation order” means an order made pursuant to section 2.3; (j) “land titles registry” means the land titles registry as defined in The Land Titles Act, 2000; (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; (k) “minister”, except where otherwise provided in section 34, means the member of the Executive Council to whom for the time being the administration of this Act is assigned; (k.1) “ministry” means the ministry over which the minister presides; (k.2) ‘‘personal information’’ means personal information as defined in The Freedom of Information and Protection of Privacy Act; (l) “personal property” means personal property as defined in The Personal Property Security Act, 1993; (m) “personal property registry” means the personal property registry continued pursuant to section 42 of The Personal Property Security Act, 1993; (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; (n) “prescribed” means prescribed in the regulations; (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 5 SEIZURE OF CRIMINAL PROPERTY, 2009 c S-46.002 (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); (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; (q) “property” means real or personal property, and includes any interest in real or personal property; (r) “protection order” means an order made pursuant to section 8; (s) “Registrar of Titles” means the Registrar of Titles appointed pursuant to section 6 of The Land Titles Act, 2000; (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; (u) “unlawful activity” means an act or omission that is an offence pursuant to: (i) an Act, 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; (v) “victims’ fund” means the victims’ fund continued pursuant to section 6 of The Victims of Crime Act, 1995. 2009, c S‑46.002, s 2; 2013, c 34, s 3; 2014, c 6, s 3; 2024, c 4, s 32; 2022, c 40, s 3. 6 c S-46.002 SEIZURE OF CRIMINAL PROPERTY, 2009 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. 2022, c 40, s 4. 7 SEIZURE OF CRIMINAL PROPERTY, 2009 c S-46.002 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. 8 c S-46.002 SEIZURE OF CRIMINAL PROPERTY, 2009 (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. 2022, c 40, s 4. 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: 9 SEIZURE OF CRIMINAL PROPERTY, 2009 c S-46.002 (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; (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 unlawful activity or an instrument of unlawful activity. (4) The director may bring a new application pursuant to subsection (1) if: (a) the court rejects a previous application pursuant to subsection (1); or (b) the court grants a previous application pursuant to subsection (1) and the director wishes to amend, expand or vary the previous application. 10 c S-46.002 SEIZURE OF CRIMINAL PROPERTY, 2009 (5) An order made pursuant to subsection (1) may be made for a period not exceeding 60 days. (6) 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. (7) If an order is made pursuant to clause (1)(a) or (b), the director shall, within 30 days, file with the court a report detailing the results of the investigation and inventory or search, as the case may be. (8) On reviewing the report filed pursuant to subsection (7), the court may, on an application without notice by the director, make a further order pursuant to clauses 6(1)(a) to (f). 2022, c 40, s 4. Orders made in same proceeding 2.4(1) The director may apply for a preliminary preservation order, a preliminary disclosure order and an investigation order in the same application and the court may make all orders in the same proceeding. (2) The director may apply for an investigation order and an order pursuant to section 6 in the same notice of application and the court may make all orders in the same proceeding. 2022, c 40, s 4. Applications sealed 2.5(1) Subject to subsection 2.2(8), an application pursuant to this Part or section 6, including any affidavit or supporting materials filed in support of or in response to the application, shall be sealed and shall not be reviewable by anyone except the court and the director. (2) Subsection (1) does not apply to an order issued by the court with respect to an application pursuant to this Part. (3) On an application pursuant to Part II, the director shall notify each party of any application made pursuant to this Part and sealed in accordance with this section respecting property that is the subject of the application. (4) After the director provides notice pursuant to subsection (3), and on application by the director, a respondent or a defendant, the court may remove the seal from any application, or any portion of an application, mentioned in subsection (1), subject to any terms or conditions the court considers appropriate. 11 SEIZURE OF CRIMINAL PROPERTY, 2009 c S-46.002 (5) The failure of the director to provide notice pursuant to subsection (3) does not invalidate an application pursuant to Part II. (6) In an application to remove the seal mentioned in subsection (4), the court may allow the director to make submissions in camera in support of or opposition to the application. (7) This section applies to a report mentioned in subsection 2.3(7). 2022, c 40, s 4. PART II Forfeiture of Property Application 3(1) The director may apply to the court for a forfeiture order if the director is satisfied that property is proceeds of unlawful activity or an instrument of unlawful activity. (1.1) An application pursuant to this section may be made by way of notice of application or statement of claim at the discretion of the director. (2) The director may apply for a forfeiture order: (a) with respect to property located anywhere in Saskatchewan; and (b) at any judicial centre in Saskatchewan, regardless of where the property that is the subject of the application is located. (3) An application for a forfeiture order must: (a) describe the property for which the forfeiture order is sought with sufficient detail to make it readily identifiable; and (b) name the following as respondents or defendants, as the case may be: (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. (4) The director may claim costs and expenses incurred in bringing an application for a forfeiture order, including any costs and expenses incurred in any proceedings leading to the forfeiture, in accordance with the regulations. 2009, c S‑46.002, s 3; 2013, c 34, s 4; 2022, c 40, s 5. Notice of application re real property 4(1) After filing an application for a forfeiture order respecting real property, the director shall apply to the Registrar of Titles to register an interest based on the application against the affected title or interest in the land titles registry. 12 c S-46.002 SEIZURE OF CRIMINAL PROPERTY, 2009 (2) An application pursuant to subsection (1) must be accompanied by a copy of the application for a forfeiture order containing the legal description of the land affected by the order. (3) After an interest based on an application for a forfeiture order is registered, the director: (a) may, at any time, apply to the Registrar of Titles to discharge the registration of the interest; and (b) shall apply to the Registrar of Titles to discharge the registration of the interest if the application is dismissed or discontinued. (4) The registration of an interest may be discharged pursuant to subsection (3) with respect to: (a) all of the titles or interests described in the application for a forfeiture order; or (b) any portion of the titles or interests described in the application for a forfeiture order. (5) Without limiting the generality of section 39, no action lies or shall be commenced against the director for any loss or damage suffered by any person by reason of: (a) the registration of an interest pursuant to this section; (b) the amendment of an interest pursuant to this section; (c) the failure of the director: (i) to register an interest pursuant to this section; or (ii) to discharge an interest pursuant to this section. (6) An application for a forfeiture order respecting real property filed by the director is valid notwithstanding any failure to comply with this section. 2009, c S‑46.002, s 4. Notice of application re personal property 5(1) After filing an application for a forfeiture order respecting personal property, the director shall register a notice of the application against the property in the personal property registry. (2) An application pursuant to subsection (1) must be made by submitting a financing statement for registration in the personal property registry in accordance with The Personal Property Security Act, 1993. (3) Part IV of The Personal Property Security Act, 1993 applies, with any necessary modification, to the registration of a financing statement pursuant to this section. (4) The financing statement mentioned in subsection (2) must: (a) name as the debtor the person who owns or is in possession of the personal property that is the subject of the application; (b) name the director as the secured party; and 13 SEIZURE OF CRIMINAL PROPERTY, 2009 c S-46.002 (c) specify as the collateral the personal property that is the subject of the application. (5) If an application for a forfeiture order is dismissed or discontinued, the notice registered pursuant to subsection (1) must be discharged by the director as soon as is practicable. (6) An application for a forfeiture order respecting personal property filed by the director is valid notwithstanding any failure to comply with this section. 2009, c S‑46.002, s 5. Interim orders 6(1) On an application without notice by the director, the court may make one or more of the following interim orders respecting property that is the subject of an application for a forfeiture order made pursuant to this Part: (a) an order restraining the disposition of the property; (b) an order for the possession, delivery or safekeeping of the property; (c) an order for the sale or other disposition of the property, if: (i) the property is perishable or of a rapidly depreciating nature; (ii) the sale or disposition of the property would preserve the value of the property; or (iii) the cost of managing or preserving the property would exceed its realizable value; (d) an order creating a lien in favour of the Crown for an amount fixed by the court on the property, or on other property specified in the order, to secure the performance of an obligation imposed by an order made pursuant to this subsection; (e) an order appointing a receiver or a receiver‑manager for the property; (f) any other order respecting the preservation, management or disposition of the property that the court considers appropriate. (2) When property has been sold or otherwise disposed of pursuant to clause (1) (c), the order ceases to apply to the property and applies instead to the proceeds, if any, realized on the sale or disposition of the property. (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 believe that the property is proceeds of unlawful activity or an instrument of unlawful activity. (4) An order made pursuant to subsection (1) 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 14 c S-46.002 SEIZURE OF CRIMINAL PROPERTY, 2009 (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 an order is made pursuant to clause (1)(d) creating a lien in favour of the Crown on personal property: (a) The Personal Property Security Act, 1993 applies to the lien; (b) the lien is deemed to be a security interest that is attached for the purposes of The Personal Property Security Act, 1993; and (c) the director may perfect the security interest for the purposes of The Personal Property Security Act, 1993 by registering a financing statement pursuant to that Act. (7) If requested to do so by the director, the court may assign duties respecting property to the asset manager when making an order pursuant to subsection (1). (8) On oral or written application by the respondent or defendant, the court shall order that any affidavit filed by or on behalf of the respondent or defendant for the purpose of obtaining an order pursuant to this section or section 7 shall be sealed and shall not be reviewable by anyone except the court, a party to the proceedings or counsel to a party to the proceedings for the purpose of the proceedings. (9) On application by the director, respondent or defendant, the court may vary, amend or rescind an order granted pursuant to subsection (8). 2022, c 40, s 8. Forfeiture order 7(1) Subject to section 8, and unless it clearly would not be in the interests of justice, the court shall make an order forfeiting property to the Crown if the court finds that the property is proceeds of unlawful activity or an instrument of unlawful activity. (2) In order to make a forfeiture order in an application for forfeiture of property that is alleged to be proceeds of unlawful activity, the court: (a) is not required to be satisfied that the property was acquired in connection with a specific unlawful act; and (b) is not required to be satisfied that an increase in the value of property or a decrease in a debt obligation secured against the property arose as the result of a specific unlawful act. (3) If a forfeiture order is made pursuant to subsection (1), the property is forfeited to the Crown: (a) in the case of real property, as of the date a transfer based on the forfeiture order is registered in the land titles registry; or (b) in the case of personal property, as of the date a notice of an application for a forfeiture order is registered in the personal property registry pursuant to section 5. 15 SEIZURE OF CRIMINAL PROPERTY, 2009 c S-46.002 (4) Notwithstanding any other Act or law, the Crown does not assume, and is not bound by, any covenants or other obligations under a mortgage or other interest affecting the forfeited property. 2009, c S‑46.002, s 7. Protection order 8(1) Subject to subsection (3), if property is found to be proceeds of unlawful activity or an instrument of unlawful activity, the court shall make an order to protect interests in the property held by persons entitled to a protection order pursuant to section 9 or 10. (2) Without limiting the generality of subsection (1), a protection order may: (a) sever or partition any interest in the property or require any interest in the property to be sold or otherwise disposed of by any person; (b) subject to subsection 7(4), provide that the Crown takes the property subject to the interest of a person; (c) direct that the proceeds of the sale of the property be applied to any debt secured by a prior registered interest in the property; or (d) direct that any other measures be taken that the court considers necessary to reasonably protect any interest in the property. (3) The court may refuse to issue a protection order if it considers that it would not be in the interests of justice to do so. 2009, c S‑46.002, s 8. Protected holders of prior registered interests 9(1) The following holders of a prior registered interest in property that is found to be proceeds of unlawful activity or an instrument of unlawful activity are entitled to a protection order: (a) a trust corporation, a loan corporation or a financing corporation licensed pursuant to The Trust and Loan Corporations Act, 1997; (b) a bank to which the Bank Act (Canada) applies; (c) a credit union incorporated or registered pursuant to The Credit Union Act, 1998, Credit Union Deposit Guarantee Corporation or Credit Union Central of Saskatchewan; (d) an insurance company licensed pursuant to The Saskatchewan Insurance Act; (e) a retail association to which the Cooperative Credit Associations Act (Canada) applies; (f) the Crown in right of Canada, the Crown in right of Saskatchewan or a municipality; (g) the holder of any other prescribed right or interest; 16 c S-46.002 SEIZURE OF CRIMINAL PROPERTY, 2009 (h) any class of prescribed persons whose members are similar to the holders set out in clauses (a) to (e). (2) If property is found to be proceeds of unlawful activity or an instrument of unlawful activity, any person who acquired the property or an interest in the property from a person mentioned in subsection (1) is entitled to a protection order. 2009, c S‑46.002, s 9; 2016, cC‑45.3, s 22‑7. Other persons entitled to protection order 10(1) If property is found to be proceeds of unlawful activity, a person who owns or has an interest in the property is entitled to a protection order if the person proves: (a) that the person: (i) acquired the property or an interest in the property before an interest was registered pursuant to section 2.1, if that interest has not been discharged, or section 4, 5 or 10.2, as the case may be; and (ii) did not, directly or indirectly, acquire the property or an interest in the property as a result of an unlawful activity; or (b) that the person: (i) co‑owns the property with another person whose unlawful activity led to the finding that the property is proceeds of unlawful activity, and did not know and could not reasonably have known that the co‑owner’s interest in the property was acquired as a result of unlawful activity; (ii) owned or had an interest in the property before the unlawful activity occurred, and was deprived of the property or the benefit of the interest in the property as a result of the unlawful activity; (iii) acquired the property or an interest in the property for fair market value after the unlawful activity occurred, and did not know and could not reasonably have known at the time of the acquisition that the property was proceeds of unlawful activity; or (iv) acquired the property or an interest in the property from a person described in subclause (i) or (iii). (2) If property is found to be an instrument of unlawful activity, a person who owns or has an interest in the property is entitled to a protection order if the person proves that he or she: (a) acquired the property or an interest in the property before an interest was registered pursuant to section 2.1, if that interest has not been discharged, or section 4, 5 or 10.2, as the case may be; and (b) did all that he or she could reasonably have done in the circumstances to prevent the property from being used to engage in unlawful activity. (3) For the purposes of clause (2)(b), and without limiting the generality of that clause, a person can prevent property from being used to engage in unlawful activity by actions including: 17 SEIZURE OF CRIMINAL PROPERTY, 2009 c S-46.002 (a) promptly notifying the appropriate law enforcement agencies whenever the person knows that the property has been or is likely to be used to engage in unlawful activity; or (b) refusing or withdrawing any permission that the person has authority to give and that the person knows has facilitated or is likely to facilitate the property’s being used to engage in unlawful activity. 2009, c S‑46.002, s 10; 2019, c 24, s 3; 2022, c 40, s 10. Failure of respondent or defendant to comply 10.01 A respondent or a defendant mentioned in subsection 3(3), other than a person listed in subsection 9(1), is deemed to waive his or her right to property if the respondent or defendant fails, without reasonable excuse, to do any of the following: (a) to attend or be represented at a hearing or other proceeding respecting an application for a forfeiture order with respect to the subject property; (b) to attend for questioning in accordance with subsection 17.1(3) with respect to the subject property; (c) to attend for cross-examination on an affidavit in accordance with subsection 17.1(8) with respect to the subject property; (d) to answer any question put to the respondent or defendant during questioning or cross‑examination; (e) to provide, as directed by the court, or pursuant to an undertaking given by the respondent or defendant, any information or document, whether in writing or in electronic form. 2019, c 24, s 4. PART II.1 Administrative Forfeiture Proceedings Interpretation 10.1 In this Part: (a) “deadline date” means the date specified in a notice of administrative forfeiture proceedings given pursuant to sections 10.3 and 10.4 by which persons are required to file a notice of dispute of forfeiture of subject property; (b) “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; (c) “notice of dispute” means a notice of dispute pursuant to section 10.6; (d) “subject property” means property that is the subject of administrative forfeiture proceedings pursuant to this Part. 2014, c 6, s 4. 18 c S-46.002 SEIZURE OF CRIMINAL PROPERTY, 2009 Commencement of proceedings 10.2(1) The director may commence administrative forfeiture proceedings against property if: (a) the director is satisfied that the property is proceeds of unlawful activity or an instrument of unlawful activity; (b) the property is personal property; (c) the property has been seized by a law enforcement agency and is being held by or on behalf of that agency; (d) the director has reason to believe that the fair market value of the property is less than the prescribed amount; (e) subject to subsection (1.1), no other person has a prior registered interest in the property; and (f) the property is not the subject of an application for a forfeiture order pursuant to Part II. (1.1) Notwithstanding clause (1)(e), the director may commence administrative forfeiture proceedings against property alleged to be proceeds of unlawful activity if every person who has a prior registered interest in the property: (a) is a person listed in subsection 9(1); and (b) provides to the director a written acknowledgment that the person waives all rights to the property that he or she may otherwise have pursuant to this Act. (2) In order to commence administrative forfeiture proceedings, the director shall: (a) register a notice of the administrative forfeiture proceedings against the subject property in the personal property registry by submitting a financing statement for registration in the personal property registry in accordance with The Personal Property Security Act, 1993; and (b) give notice of the administrative forfeiture proceedings in accordance with sections 10.3 and 10.4. (3) Part IV of The Personal Property Security Act, 1993 applies, with any necessary modification, to the registration of a financing statement pursuant to this section. (4) The financing statement mentioned in subsection (2) must: (a) name as the debtor the person who owns or is in possession of the subject property; (b) name the director as the secured party; and (c) specify as the collateral the subject property. (5) If an administrative forfeiture proceeding is discontinued, the notice registered pursuant to subsection (2) must be discharged by the director as soon as is practicable. (6) If the director commences administrative forfeiture proceedings pursuant to this section and subsequently files an application for a forfeiture order respecting personal property pursuant to Part II: (a) the director is not required to submit a financing statement for registration in the personal property registry pursuant to subsection 5(2) if the director has already submitted a financing statement for registration pursuant to this section; and 19 SEIZURE OF CRIMINAL PROPERTY, 2009 c S-46.002 (b) the notice registered pursuant to this section must not be discharged except in accordance with subsection 5(5). (7) An administrative forfeiture proceeding is valid notwithstanding any failure to comply with this section. 2014, c 6, s 4; 2019, c 24, s 5. Notice to interested persons 10.3(1) The director must give written notice of administrative forfeiture proceedings against the subject property to: (a) the person from whom the subject property was seized; (b) the law enforcement agency that seized the subject property; and (c) any other person who the director believes may have an interest in the subject property. (2) A notice pursuant to this section must include the following: (a) a description of the subject property; (b) the date the subject property was seized and the place of seizure; (c) the basis on which the director seeks forfeiture of the subject property; (d) a statement that the subject property may be forfeited to the Crown; (e) a statement that a person who intends to oppose forfeiture of the subject property must submit a written notice of dispute to the director at an address set out in the notice by a deadline date specified in the notice; (f) the deadline date for submitting a notice of dispute to the director, which must be at least 30 days after the later of: (i) the date that notice of administrative forfeiture proceedings was received or is deemed to have been received by all persons required to be given notice pursuant to subsection (1); and (ii) the date that public notice of administrative forfeiture proceedings was first given pursuant to section 10.4. (3) Subject to subsection (6), a notice pursuant to this section may be given to a person by personally serving the person with the notice or by sending a copy of the notice by registered mail to the person’s last known address given to the law enforcement agency that seized the subject property. (4) A notice pursuant to this section sent by registered mail pursuant to subsection (3) is deemed to have been served on the tenth business day after the date of its mailing. (5) Notwithstanding subsection (4), if the director or other person serving a notice in accordance with subsection (3) has received a signed post office receipt and: (a) the delivery date shown on the signed post office receipt is a date earlier than the tenth business day after the date of its mailing, the notice is deemed to have been served on the delivery date; or 20 c S-46.002 SEIZURE OF CRIMINAL PROPERTY, 2009 (b) the delivery date is not shown on the signed post office receipt but the signed post office receipt is received by the director or other person on a date earlier than the tenth business day after the date of its mailing, the notice is deemed to have been served on the day on which the signed post office receipt is received by the director or other person. (6) If a person failed to provide an address to the law enforcement agency that seized the subject property, or if the director is unable to verify the address given, the notice to be given by the director pursuant to this section may be given by publishing the notice on the ministry’s website, to the attention of the person from whom the property was seized. (7) A notice that is published in accordance with subsection (6) must meet the requirements set out in subsection (2). (8) A notice pursuant to this section that is published on the ministry’s website in accordance with subsection (6) is deemed to have been served on the tenth business day after the date on which the notice was first published. 2014, c 6, s 4; 2019, c 24, s 6. Public notice of administrative forfeiture proceedings 10.4(1) The director shall give public notice of administrative forfeiture proceedings against the subject property by publishing notice of the proceedings on the ministry’s website. (2) A notice pursuant to subsection (1) must include the following: (a) a description of the subject property; (b) the date the subject property was seized and the place of seizure; (c) the basis on which the director seeks forfeiture of the subject property; (d) a statement that the subject property may be forfeited to the Crown; (e) a statement that a person who intends to oppose forfeiture of the subject property must submit a written notice of dispute to the director at an address set out in the notice by the deadline date specified in the notice; (f) the deadline date for submitting a notice of dispute to the director, which must be at least 30 days after the later of: (i) the date that notice of administrative forfeiture proceedings was received or is deemed to have been received by all persons required to be given notice pursuant to subsection 10.3(1); and (ii) the date that public notice of administrative forfeiture proceedings was first given pursuant to this section. 2014, c 6, s 4. 21 SEIZURE OF CRIMINAL PROPERTY, 2009 c S-46.002 Agency to maintain possession of subject property 10.5(1) Subject to subsection (2), when a law enforcement agency receives a notice of administrative forfeiture proceedings from the director pursuant to clause 10.3(1) (b), it must maintain the subject property and ensure that the property is not released to any person, despite any other claim, interest or right of possession in the property, until it receives: (a) a notice from the director indicating that administrative forfeiture proceedings against the subject property have been discontinued; (b) a notice of forfeiture from the director pursuant to subsection 10.8(4) that confirms that the subject property has been forfeited to the Crown; or (c) notice of an order made pursuant to Part II in relation to the subject property that forfeits the property to the Crown or otherwise deals with the possession of the property. (2) A law enforcement agency may take any action in relation to the subject property if it has received prior authorization from the director. 2014, c 6, s 4. Disputing administrative forfeiture 10.6(1) A person who claims to have an interest in the subject property may oppose forfeiture of the property by filing a notice of dispute with the director in the prescribed form. (2) The notice of dispute must be received by the director on or before the deadline date. 2014, c 6, s 4. Director’s response to notice of dispute 10.7(1) If the director receives a notice of dispute in the prescribed form on or before the deadline date, he or she must, within 60 days after the deadline date: (a) apply for a forfeiture order against the property pursuant to Part II; (b) discontinue administrative forfeiture proceedings against the subject property; or (c) settle the notice of dispute in accordance with section 10.71. (2) If the director decides to discontinue administrative forfeiture proceedings pursuant to clause (1)(b), the director must give notice of that decision in accordance with subsection 10.3(3) to each person who received notice of the administrative forfeiture proceedings pursuant to subsection 10.3(1) and to each person who submitted a notice of dispute. (2.1) Notwithstanding subsection 10.3(3), if a notice of dispute contains an address that is different than the address mentioned in subsection 10.3(3), the director may give notice mentioned in subsection (2) to the address contained within the notice of dispute. 22 c S-46.002 SEIZURE OF CRIMINAL PROPERTY, 2009 (3) Subject to section 35.1, if the director discontinues administrative forfeiture proceedings against the subject property pursuant to clause (1)(b), the director may later decide to apply for a forfeiture order against that property pursuant to Part II. 2014, c 6, s 4; 2022, c 40, s 12.

Settlement re forfeiture 10.71(1) Notwithstanding any other provision of this Act, if the director receives a notice of dispute mentioned in subsection 10.7(1), the director and the person who files the notice of dispute may agree to a settlement respecting the forfeiture. (2) For greater certainty, a settlement pursuant to subsection (1) may provide for all or any of the following: (a) the full or partial forfeiture of property that is the subject of the proceeding; (b) payment of a monetary amount instead of the full or partial forfeiture of the property that is the subject of the proceeding. (3) A person who agrees to a settlement with the director shall file an amended notice of dispute with the director in the prescribed form. (4) On receipt of an amended notice of dispute mentioned in subsection (3), and subject to any further notice of dispute that the director receives on or before the deadline date, section 10.8 applies with respect to the subject property as agreed to under the settlement pursuant to subsection (1). 2022, c 40, s 13. Forfeiture 10.8(1) If the director does not receive a notice of dispute by the deadline date, the subject property is forfeited to the Crown. (2) The subject property mentioned in subsection (1) is forfeited as of the date a notice of administrative forfeiture proceedings is registered in the personal property registry pursuant to subsection 10.2(2). (3) When the subject property has been forfeited pursuant to this Part, the director must prepare a notice of forfeiture, in the prescribed form, that confirms that the property has been forfeited to the Crown. (4) The director must give a copy of the notice of forfeiture to the law enforcement agency that seized the subject property. (5) When a law enforcement agency has received a notice of forfeiture, it must release the subject property to the asset manager. 2014, c 6, s 4. Failure to file notice of dispute 10.9(1) A person who claims to have an interest in subject property that was forfeited pursuant to this Part but who failed to file a notice of dispute in accordance with section 10.6 may apply to the court to set aside the forfeiture. 23 SEIZURE OF CRIMINAL PROPERTY, 2009 c S-46.002 (2) A claimant must apply pursuant to subsection (1) within six months after the deadline date. (3) In an application pursuant to subsection (1), the claimant must establish: (a) the nature of his or her interest in the subject property; (b) that he or she had a reasonable excuse for the failure to file a notice of dispute in accordance with section 10.6; and (c) that he or she made an application pursuant to this section as soon as was reasonably possible after learning of the forfeiture of the subject property. (4) For the purposes of subsection (5), if a claimant is successful in an application pursuant to subsection (1): (a) the subject property is deemed not to have been forfeited to the Crown and must not be disposed of except in accordance with this Act; and (b) if the subject property has been disposed of, the proceeds, if any, realized on the sale or disposition of the property are deemed to be the property that is the subject of any forfeiture proceedings pursuant to clause (5)(a). (5) If a claimant is successful in an application pursuant to subsection (1), the director shall: (a) apply for a forfeiture order against the property pursuant to Part II; or (b) decide not to commence any further proceedings pursuant to this Act against the subject property. (6) If the director decides not to commence any further proceedings pursuant to clause (5)(b), the director shall: (a) give notice to the law enforcement agency that seized the property stating that proceedings have been discontinued; and (b) either: (i) direct the asset manager to release the property or, if any or all of the property has been disposed of, the proceeds, if any, realized on the sale or disposition of the property to an interested person if the director is satisfied that the person is entitled to the property; or (ii) apply to the court for a determination of who is entitled to the property or, if any or all of the property has been disposed of, the proceeds, if any, realized on the sale or disposition of the property. (7) In an application made pursuant to subclause (6)(b)(ii), the court may hear any party, consider any information or make any order it considers necessary to determine who is entitled to the property and direct the release of the property to that person. 24 c S-46.002 SEIZURE OF CRIMINAL PROPERTY, 2009 (8) If the property that is the subject of an application pursuant to subsection (1) has been disposed of, the proceeds, if any, realized on the sale or disposition of the property are deemed for all purposes to be the fair market value of the property. (9) Subject to section 35.1, if the director decides not to commence any further proceedings against the subject property pursuant to clause (5)(b), the director may later decide to apply for a forfeiture order against that property pursuant to Part II. 2014, c 6, s 4. PART III Conduct of Proceedings Standard of proof 11 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. 2009, c S‑46.002, s 11. Proof of offences 12 In an application pursuant to this Act: (a) proof that a person was convicted, was found guilty, or was found not criminally responsible on account of mental disorder, with respect to an offence is proof that the person committed the offence; and (b) evidence that a person was charged with and acquitted of an offence, or that such a charge was withdrawn or stayed, or that a person was not charged with an offence, is not relevant in making a finding of fact. 2009, c S‑46.002, s 12; 2013, c 34, s 6. Disclosure of interests 13 At the hearing of an application for a forfeiture order made pursuant to section 3, the director must advise the court of all prior registered interests in the property that is the subject of the application and any other interests that the director has reason to believe exist. 2009, c S‑46.002, s 13. Presumption re proceeds of unlawful activity 14 In a proceeding pursuant to this Act, respecting property that is alleged to be proceeds of unlawful activity, evidence that a person did the following is admissible in evidence as proof, in the absence of evidence to the contrary, that the property is proceeds of unlawful activity: (a) participated in unlawful activity that resulted in, or is likely to have resulted in, the person receiving a financial benefit; and 25 SEIZURE OF CRIMINAL PROPERTY, 2009 c S-46.002 (b) subsequently did one or more of the following: (i) acquired property that is the subject of the application; (ii) caused an increase in the value of property that is the subject of the application; (iii) caused a decrease in a debt obligation secured against property that is the subject of the application. 2009, c S‑46.002, s 14; 2019, c 24, s 7; 2022, c 40, s 15. Presumption for members of criminal organization 15 In a proceeding pursuant to this Act, respecting property that is alleged to be proceeds of unlawful activity, evidence that the property is owned or possessed by any of the following is admissible in evidence as proof, in the absence of evidence to the contrary, that the property is proceeds of unlawful activity: (a) a member of a criminal organization; (b) a corporation, if a member of a criminal organization is one of its officers or directors or has a significant ownership interest in it; (c) a person to whom the property was transferred for consideration that was significantly less than fair market value at the time of transfer, if the transferor was a person described in clause (a) or (b). 2009, c S‑46.002, s 15; 2019, c 24, s 8; 2022, c 40, s 16. Presumption for instruments of unlawful activity 16 In a proceeding pursuant to this Act, respecting property that is alleged to be an instrument of unlawful activity, evidence that the property was used to engage in unlawful activity that, in turn, resulted in the acquisition or production of other property or in bodily harm to a person is admissible in evidence as proof, in the absence of evidence to the contrary, that the property is an instrument of unlawful activity. 2009, c S‑46.002, s 16; 2019, c 24, s 9; 2022, c 40, s 17. Presumption re community safety order 16.1 In a proceeding pursuant to this Act, respecting property that is alleged to be an instrument of unlawful activity, evidence that a community safety order pursuant to The Safer Communities and Neighbourhoods Act has previously been made with respect to the property is admissible in evidence as proof, in the absence of evidence to the contrary, that the property is an instrument of unlawful activity. 2019, c 24, s 10; 2022, c 40, s 18. 26 c S-46.002 SEIZURE OF CRIMINAL PROPERTY, 2009 Presumption re vehicle-related offence 16.2(1) In this section: “vehicle” means: (a) a motor vehicle as defined in The Traffic Safety Act; (b) a snowmobile as defined in The Snowmobile Act; or (c) any other conveyance as defined in section 320.11 of the Criminal Code; “vehicle-related offence” means: (a) before the coming into force of Part VIII.1 of the Criminal Code, an offence contrary to subsection 253(1), paragraph 253(3)(a) or (c), or section 254 of the Criminal Code; (b) on and after the coming into force of Part VIII.1 of the Criminal Code, an offence contrary to subsection 320.14(1), (2) or (3) or section 320.15 of the Criminal Code; and (c) any other prescribed offence. (2) In a proceeding pursuant to this Act, respecting property that is alleged to be an instrument of unlawful activity, evidence of the following is admissible in evidence as proof, in the absence of evidence to the contrary, that the property is an instrument of unlawful activity: (a) the property is a vehicle; (b) the vehicle was or is likely to be used to engage in a vehicle‑related offence; and (c) the vehicle is owned by, and is in the care, control or possession of, a person: (i) whose driver’s licence has been suspended pursuant to The Traffic Safety Act at least twice in the preceding 10 years for a vehicle‑related offence; or (ii) in any other prescribed circumstance. 2019, c 24, s 10; 2022, c 40, s 19. Presumption re firearm associated with gangs or terrorism 16.3(1) In this section: “firearm” means a prohibited firearm or a restricted firearm as defined in Part III of the Criminal Code; “gang” means: (a) a group of individuals, usually identified by a group name or designation, who associate with each other for a criminal purpose; or (b) any prescribed gang or prescribed person; “person” includes a partnership, limited partnership or unincorporated organization of persons. 27 SEIZURE OF CRIMINAL PROPERTY, 2009 c S-46.002 (2) In a proceeding pursuant to this Act, respecting property that is alleged to be an instrument of unlawful activity, evidence of the following is admissible in evidence as proof, in the absence of evidence to the contrary, that the property is an instrument of unlawful activity: (a) a firearm was located on or in the property or had been on or in the property; and (b) the firearm was or had been in the possession of an individual who is a member of or affiliated with: (i) a gang; or (ii) a listed entity as defined in section 83.01 of the Criminal Code. 2019, c 24, s 10; 2022, c 40, s 20. Presumption re sexual offence 16.4(1) In this section, “specified sexual offence” means an offence contrary to: (a) any of the following provisions of the Criminal Code: (i) section 151 (Sexual interference); (ii) section 152 (Invitation to sexual touching); (iii) section 153 (Sexual exploitation); (iv) section 153.1 (Sexual exploitation of person with disability); (v) subsection 160(3) (Bestiality in presence of or by child); (vi) section 163.1 (Child pornography); (vii) section 170 (Parent or guardian procuring sexual activity); (viii) section 171 (Householder permitting prohibited sexual activity); (ix) section 171.1 (Making sexually explicit material available to child); (x) section 172.1 (Luring a child); (xi) section 172.2 (Agreement or arrangement — sexual offence against child); (xii) section 271 (Sexual assault); (xiii) subsection 286.1(2) (Obtaining sexual services for consideration from person under 18 years); (xiv) subsection 286.2(2) (Material benefit from sexual services provided by person under 18 years); (xv) subsection 286.3(2) (Procuring — person under 18 years); or (b) any other prescribed provision of the Criminal Code. 28 c S-46.002 SEIZURE OF CRIMINAL PROPERTY, 2009 (2) In a proceeding pursuant to this Act, respecting property that is alleged to be an instrument of unlawful activity, evidence that a specified sexual offence occurred on or in the property is admissible in evidence as proof, in the absence of evidence to the contrary, that the property is an instrument of unlawful activity. 2019, c 24, s 10; 2022, c 40, s 21. Presumption re preliminary disclosure order 16.5 In a proceeding pursuant to this Act respecting property that is alleged to be proceeds of unlawful activity or an instrument of unlawful activity, evidence that the property is subject to a preliminary disclosure order and that the respondent or defendant failed or refused to provide all of the information and documents required to be provided under the preliminary disclosure order within the time specified in the order or any extension of time allowed by the court is admissible in evidence as proof, in the absence of evidence to the contrary, that the property is proceeds of unlawful activity or an instrument of unlawful activity. 2022, c 40, s 22. Presumption re criminal organization offence 17 In a proceeding pursuant to this Act, evidence that a person has been found guilty or convicted of a criminal organization offence as defined in section 2 of the Criminal Code is admissible in evidence as proof, in the absence of evidence to the contrary, that the person is a member of a criminal organization. 2019, c 24, s 11; 2022, c 40, s 23. Proceedings by statement of claim 17.1(1) Unless otherwise provided for in this Act or the regulations, The King’s Bench Rules apply to all proceedings commenced pursuant to this Act. (2) If the director proceeds by statement of claim and no statement of defence is filed by the defendant or defendants within the time limit set out in The King’s Bench Rules: (a) the claim may be noted for default of defence and no defence is permitted to be filed unless the court is satisfied that it is clearly in the interests of justice to allow a defence to be filed; (b) if a claim has been noted for default, the director may apply without notice to the court for judgment and the court shall not require the director to provide any notification or service of the application for judgment on a defendant; and (c) in considering an application without notice made pursuant to clause (b), the court shall: (i) for the purposes of subsection 7(1), consider that the facts set forth in the statement of claim are proven to be true; and (ii) if satisfied that the property is proceeds of unlawful activity or an instrument of unlawful activity, grant a forfeiture order pursuant to subsection 7(1) together with any other relief the court considers appropriate. 29 SEIZURE OF CRIMINAL PROPERTY, 2009 c S-46.002 (3) If a statement of defence is filed in accordance with The King’s Bench Rules, the defendant is compellable to attend for questioning and to answer all questions broadly relevant to the proceedings. (4) The director and any person acting for or under the direction of the director pursuant to this Act is not a compellable witness for the purpose of questioning. (5) If a defendant is questioned in accordance with subsection (3), the transcript of the questioning is, on filing with the court, deemed to be sealed and not reviewable by anyone except the court, a party to the proceedings or counsel to a party to the proceedings for the purpose of the proceedings. (6) The director may satisfy the requirements of section 13 by filing a certificate at the time of trial or at the time the application is made pursuant to clause (2)(b) setting out the prior registered interest in the property and any other interest the director has reason to believe exists. (7) The King’s Bench Rules with respect to expedited or simplified proceedings do not apply to applications made pursuant to this Act unless agreed to by the director. (8) The director may, at his or her discretion, cross‑examine a person purporting to have signed an affidavit with respect to a proceeding commenced pursuant to this Act. (9) The director may apply to the court for an order fixing the date, time and place for cross‑examination pursuant to subsection (8) if the director and the person to be cross‑examined fail to agree on a date, time and place. (10) If a person is cross‑examined pursuant to subsection (8), the cross‑examination materials are, on filing with the court, deemed to be sealed and not reviewable by any person except the court, a party to the proceedings or counsel to a party to the proceedings for the purpose of the proceedings. 2013, c 34, s 7; 2018, c 42, s 65; 2019, c 24, s 12; 2024, c 4, s 32; 2022, c 40, s 24. Appeal of order 18(1) Subject to section 21, 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) A notice of appeal must be served on the parties to the original application within 14 days after an order has been served. (4) The director is a party to any appeal and is entitled to be heard, by counsel or otherwise, on the appeal. 30 c S-46.002 SEIZURE OF CRIMINAL PROPERTY, 2009 (5) Subject to subsection 2.1(4) or clause 6(1)(c), property that is subject to a preliminary preservation order or an order pursuant to section 6, or that is subject to a notice mentioned in subsection 10.5(1), remains subject to that order or notice until the latest of the following: (a) the date on which the appeal period mentioned in subsection (2) expires; (b) the date on which the Court of Appeal grants leave to appeal; (c) if the Court of Appeal grants leave to appeal, the date on which the appeal is determined or abandoned. (6) Subsection (5) is not to be interpreted as granting to any person a right to appeal that is not otherwise granted pursuant to this Act. 2009, c S‑46.002, s 18; 2019, c 24, s 13; 2022, c 40, s 25. Decision by Court of Appeal 19(1) On the hearing of 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. 2009, c S‑46.002, s 19. No further appeal 20 The decision of the Court of Appeal is final and there is no further appeal. 2009, c S‑46.002, s 20. No appeal of forfeiture order 21 There is no appeal of a forfeiture order. 2009, c S‑46.002, s 21. PART IV Administration Director appointed 22(1) The minister may appoint a person as director and may appoint one or more other persons as deputy directors. (2) The director is responsible for: (a) determining whether to commence proceedings pursuant to this Act; (b) commencing and conducting proceedings pursuant to this Act; and (c) performing any other duties assigned by this Act. 31 SEIZURE OF CRIMINAL PROPERTY, 2009 c S-46.002 (3) The director may appoint any person to carry out any responsibility imposed on the director pursuant to this Act or to exercise any of the powers conferred on the director pursuant to this Act that the director believes may be more conveniently carried out or exercised by that person. (4) The director may impose any limitations or terms and conditions that the director considers appropriate on an appointment pursuant to subsection (3). (5) The exercise of any of the director’s powers or the carrying out of any of the director’s responsibilities by a person who is appointed pursuant to subsection (3) is deemed to be the exercise or the carrying out by the director. 2009, c S‑46.002, s 22. Director may collect information 23(1) In this section: (a) “government institution” means a government institution as defined in The Freedom of Information and Protection of Privacy Act; (b) “local authority” means a local authority as defined in The Local Authority Freedom of Information and Protection of Privacy Act. (2) The director is authorized to collect information, including personal information, from a government institution, local authority or other source for the following purposes: (a) to determine whether proceedings should be commenced pursuant to this Act; (b) to conduct proceedings pursuant to this Act; (c) to enforce or comply with an order made pursuant to this Act. (3) A government institution, local authority or other source: (a) is authorized to disclose information, including personal information, to the director for a purpose set out in subsection (2); and (b) must provide the director with information requested by the director for a purpose set out in subsection (2). (4) Notwithstanding subsection (3), a government institution, local authority or other source is not required to disclose to the director information that is subject to solicitor‑client privilege or any other privilege. 2009, c S‑46.002, s 23; 2019, c 24, s 14. Information from registered interest holders 23.1(1) In this section: “registered interest” means: (a) with respect to real property, an interest registered against the property in accordance with The Land Titles Act, 2000 or any former Land Titles Act; and 32 c S-46.002 SEIZURE OF CRIMINAL PROPERTY, 2009 (b) with respect to personal property, a security interest registered against the property in accordance with The Personal Property Security Act, 1993 or any former Personal Property Security Act; “registered interest holder” means a person who has a registered interest in property. (2) For any of the purposes set out in clauses 23(2)(a) to (c), the director is authorized to collect information from a registered interest holder concerning the registered interest that the holder has in a specific property. (3) A registered interest holder is authorized and required to disclose information to the director concerning the registered interest that the holder has in a specific property for a purpose set out in clauses 23(2)(a) to (c). (4) Notwithstanding subsection (3), a registered interest holder is not required to disclose to the director information that is subject to solicitor‑client privilege or any other privilege. 2019, c 24, s 15. Information from financial institution 23.2(1) If the director has reasonable grounds to suspect that property is proceeds of unlawful activity or an instrument of unlawful activity and that a person who has a prior registered interest in, is the owner of, or has possession of the property has dealt with a financial institution, the director may, in writing, request that the financial institution provide information, including personal information, about one or more of the following: (a) the property; (b) the person’s account or accounts with the financial institution, including the following: (i) any information necessary to identify the account, including the account number and other particulars; (ii) the nature and type of account; (iii) whether the account is active; (iv) the names and addresses of all account holders; (c) the person’s dealings with the financial institution; (d) any other person’s interest in: (i) the property; and (ii) the account or accounts mentioned in clause (b). (2) A financial institution must comply with a request made pursuant to subsection (1) within the period specified in the request. (3) A financial institution from which information is requested pursuant to this section shall not disclose to any other person that the director has requested information. 2022, c 40, s 26. 33 SEIZURE OF CRIMINAL PROPERTY, 2009 c S-46.002 Authorized disclosure 24 The director may disclose information obtained pursuant to subsection 23(2): (a) in order to exercise any power or duty pursuant to this Act; (b) for a purpose for which the information could be collected pursuant to that subsection; and (c) to a person pursuant to an agreement entered into pursuant to section 25. 2009, c S‑46.002, s 24. Reciprocal information exchange agreements 25 The director may disclose information obtained pursuant to this Act to a person employed by a government inside or outside of Canada who is assigned duties and responsibilities pursuant to an Act that allows for the civil forfeiture of proceeds of unlawful activity or instruments of unlawful activity if: (a) the director has entered into an agreement with that government for the reciprocal exchange of information relating to the civil forfeiture of the property; and (b) the director is satisfied that the information will be used only for purposes related to the civil forfeiture of property in that jurisdiction. 2009, c S‑46.002, s 25. Agreements with other jurisdictions 26 Subject to the approval of the Lieutenant Governor in Council, the director may enter into an agreement with a government inside or outside of Canada to enable that government to provide information to the director that will assist the director in exercising or performing the director’s powers and duties pursuant to this Act. 2009, c S‑46.002, s 26. Proceedings pursuant to agreements 26.1(1) A proceeding may be commenced under this Act pursuant to an agreement entered into with another government pursuant to section 26. (2) Subject to the regulations, property that is forfeited to the Crown pursuant to a proceeding mentioned in subsection (1) may be: (a) delivered to the other government, in whole or in part; or (b) retained in Saskatchewan and dealt with in accordance with this Act. 2019, c 24, s 16. Director’s interest in property 26.2(1) If the director has registered an interest against property pursuant to this Act, the director is deemed to have an interest in the property. (2) If property mentioned in subsection (1) is subject to any proceeding other than a proceeding pursuant to this Act, the director is entitled to receive notice of the proceeding and be represented at a hearing for the proceeding. 2022, c 40, s 27. 34 c S-46.002 SEIZURE OF CRIMINAL PROPERTY, 2009 Asset manager appointed 27(1) The minister may appoint a person as asset manager and may appoint one or more other persons as deputy asset managers. (2) The asset manager is responsible for taking possession of and managing the following: (a) property forfeited to the Crown pursuant to this Act; (b) property that is the subject of a management order obtained by the Crown pursuant to section 83.13, 462.331 or 490.81 of the Criminal Code or section 93 of the Cannabis Act (Canada); (c) property that is subject to a restraint order obtained by the Crown pursuant to section 462.33 or 490.8 of the Criminal Code or section 91 of the Cannabis Act (Canada); (d) property forfeited to the Crown pursuant to section 83.14, 199, 462.37, 462.38, 462.43, 490, 490.01, 490.1, 490.2 or 491.1 of the Criminal Code or section 94 or 95 of the Cannabis Act (Canada); (e) any other property forfeited to the Crown pursuant to a prescribed provision of: (i) the Criminal Code; (ii) the Cannabis Act (Canada); or (iii) any other prescribed Act. (3) The asset manager is responsible for taking possession of and managing property that is the subject of a preliminary preservation order pursuant to section 2.1 or an interim order pursuant to section 6 in which the court assigns duties to the asset manager. 2009, c S‑46.002, s 27; 2018, c C‑2.111, s 7‑18; 2022, c 40, s 28. Powers of asset manager 28(1) Subject to the terms of an order of the court, the asset manager may manage, sell or otherwise dispose of or deal with property mentioned in section 27, other than cash, in the manner that the asset manager considers appropriate, including: (a) preserving or managing forfeited property for the length of time and on the terms that the asset manager considers appropriate; (b) doing anything that the asset manager considers appropriate for the ongoing management or operation of forfeited property before it is sold or otherwise disposed of, including making improvements to the property to maintain or increase its value; (c) selling, assigning or otherwise disposing of the forfeited property, or any interest in the property, at the price and on the terms that the asset manager considers appropriate; and 35 SEIZURE OF CRIMINAL PROPERTY, 2009 c S-46.002 (d) donating or destroying the forfeited property if: (i) the property is perishable, rapidly depreciating or requiring so much repair or improvement that a sale is not commercially viable; (ii) the property has little or no commercial value; or (iii) the donation or destruction of the property is in the public interest. (2) The asset manager may incur costs and expenses in managing and selling forfeited property. (3) The asset manager may: (a) provide directions to the sheriff regarding the seizure of property and the delivery of that property to the asset manager; and (b) authorize a sheriff to sell forfeited property on behalf of the asset manager. 2009, c S‑46.002, s 28. Power of sheriff to seize forfeited property 29(1) The sheriff may seize property mentioned in clauses 27(2)(a) to (e) that has been forfeited to the Crown on the instruction of the asset manager pursuant to subsection 28(3). (2) A sheriff acting pursuant to subsection (1) has all the powers of a sheriff acting pursuant to The Executions Act. (3) The sheriff shall be paid the costs of any seizure conducted pursuant to this Act by the asset manager from the proceeds mentioned in clause 34(2)(a). 2009, c S‑46.002, s 29. PART V Criminal Property Forfeiture Fund Criminal property forfeiture fund established 30(1) The criminal property forfeiture fund is established. (2) The fund consists of: (a) all moneys generated by the possession and management of property mentioned in section 27, including, if applicable, dispositions of that property; (b) all moneys donated, bequeathed or given to the fund; (c) advances from the general revenue fund; (d) all moneys appropriated by the Legislature for the purposes of the fund; (e) all investments of the fund and earnings on those investments; (f) any other moneys that may be designated by the Lieutenant Governor in Council. 36 c S-46.002 SEIZURE OF CRIMINAL PROPERTY, 2009 (3) Notwithstanding The Financial Administration Act, 1993, the moneys described in subsection (2) shall be deposited in the fund and not the general revenue fund. (4) The minister shall administer the fund in accordance with this Act. (5) The fiscal year of the fund is the period commencing on April 1 in one year and ending on March 31 in the following year. (6) With respect to each fiscal year of the fund, the minister shall, in accordance with section 13 of The Executive Government Administration Act, submit to the Lieutenant Governor in Council: (a) a report on the business of the fund for the preceding fiscal year; and (b) a financial statement showing the business of the fund for the preceding fiscal year, in any form that Treasury Board may require. (7) The minister shall, in accordance with section 13 of The Executive Government Administration Act, lay before the Legislative Assembly each report and statement mentioned in subsection (6). (8) The Provincial Auditor, or any other auditor or firm of auditors that the Lieutenant Governor in Council may designate, shall audit the accounts and transactions of the fund: (a) annually; and (b) at any other times that the Lieutenant Governor in Council may specify. 2009, c S‑46.002, s 30; 2014, c E‑13.1, s 62. Investments of fund 31(1) The minister may invest any moneys in the fund not presently required for the purposes of the fund in any class of investments authorized for the investment of money in the general revenue fund pursuant to The Financial Administration Act, 1993. (2) The minister may dispose of any securities in which any part of the fund has been invested pursuant to subsection (1), subject to the terms of the investment, in any manner and on any terms that the minister considers advisable. (3) Notwithstanding subsection (1), the minister may invest any moneys in the fund by placing the moneys with the public guardian and trustee, as defined in The Public Guardian and Trustee Act, pursuant to section 6.2 of that Act. 2009, c S‑46.002, s 31. Powers of minister re fund 32(1) The minister may take any action that the minister considers necessary for the purposes of managing, investing or disposing of all or any part of the assets of the fund, and, without limiting the generality of the foregoing, may: (a) enter into any agreement; (b) engage the services of or retain technical, professional or other advisers, specialists or consultants. 37 SEIZURE OF CRIMINAL PROPERTY, 2009 c S-46.002 (2) The costs incurred pursuant to subsection (1) in, and other expenses related to, managing, investing or disposing of all or any part of the assets of the fund are a charge on and payable out of the fund. 2009, c S‑46.002, s 32. Treasury Board orders and directives 33 The fund is subject to any orders made and any directives issued by Treasury Board pursuant to The Financial Administration Act, 1993. 2009, c S‑46.002, s 33. Use of fund 34(1) Subject to the terms of a protection order, the fund is to be used in accordance with this section. (2) Money paid into the fund pursuant to clause 30(2)(a) may be used for the following purposes: (a) for costs and expenses incurred by the asset manager in managing and selling forfeited property; (b) for costs and expenses incurred by the director in bringing an application for forfeiture or commencing administrative forfeiture proceedings, including any costs and expenses incurred in any proceedings leading to the forfeiture; (c) on an equal basis to police operations and to the victims’ fund at the direction of the minister and the minister responsible for The Police Act, 1990; (d) to pay for labour, supervisory and administrative costs associated with: (i) taking possession of and managing property pursuant to Part IV of this Act; and (ii) the administration of the fund; (e) for any other prescribed purpose. (3) Money paid into the fund pursuant to clauses 30(2)(b) to (f) may be distributed at the direction of the minister. 2009, c S‑46.002, s 34; 2014, c 6, s 5. PART VI General Other remedies reserved 35 Any rights provided pursuant to this Act are in addition to, and do not derogate from, the right to commence any other action or proceeding that exists at common law or pursuant to any other Act. 2009, c S‑46.002, s 35. 38 c S-46.002 SEIZURE OF CRIMINAL PROPERTY, 2009 Limitation of proceedings 35.1 Notwithstanding The Limitations Act, no application or administrative forfeiture proceeding pursuant to this Act may be commenced after two years from the day on which the director becomes satisfied that property is proceeds of unlawful activity or an instrument of unlawful activity. 2013, c 34, s 8; 2014, c 6, s 6. No interest in property 36 In an application made pursuant to this Act, a person cannot claim to have an interest in property if it would be an offence under the law of Canada or Saskatchewan for the person to possess the property. 2009, c S‑46.002, s 36. The Escheats Act does not apply 37 The Escheats Act does not apply to property forfeited to the Crown pursuant to this Act. 2009, c S‑46.002, s 37. Director not compellable as witness 38 Except in an application pursuant to this Act, the director, and any person acting for or under the direction of the director, cannot be compelled in court or in any other proceeding: (a) to give evidence about information obtained by or on behalf of the director for the purposes of this Act; or (b) to produce any document or other thing obtained by or on behalf of the director for the purposes of this Act. 2009, c S‑46.002, s 38. Evidence based on information and belief 38.1 Evidence based on information and belief is admissible with respect to any application pursuant to this Act. 2013, c 34, s 9. Immunity 39 No action or proceeding lies or shall be commenced against the Crown, the minister, the director, any deputy director, the asset manager, any deputy asset manager or any sheriff 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. 2009, c S‑46.002, s 39. 39 SEIZURE OF CRIMINAL PROPERTY, 2009 c S-46.002 Offences 39.1(1) No person shall: (a) in response to a preliminary disclosure order, make a statement that the person knows to be false or misleading; (b) knowingly provide false or misleading information to the director; (c) fail to comply with a request made pursuant to section 23.1 or 23.2; (d) disclose information in contravention of subsection 23.2(3). (2) Every person who contravenes any provision of subsection (1) is guilty of an offence and liable on summary conviction: (a) in the case of an individual, to a fine of not more than $10,000; and (b) in the case of a corporation, to a fine of not more than $25,000. (3) If a corporation commits an offence pursuant to this Act, any director or officer of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is guilty of the offence and liable on summary conviction to the penalty provided for the offence, whether or not the corporation has been prosecuted or convicted. 2022, c 40, s 29. Regulations 40 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 the costs and expenses that the director may claim for bringing an application for forfeiture or commencing administrative forfeiture proceedings, including any costs and expenses incurred in any proceedings leading to the forfeiture; (b.1) for the purpose of subclause 2.2(3)(a)(ii), prescribing the minimum fair market value of property; (c) for the purposes of clause 9(1)(g), prescribing rights and interests; (d) for the purposes of clause 9(1)(h), prescribing a class of persons; (e) prescribing agencies or organizations as law enforcement agencies; (f) for the purposes of clause 10.2(1)(d), prescribing the maximum fair market value of property; (g) prescribing forms for the purposes of this Act; (h) respecting the process for and legal effect of any registration, amendment or removal of any interest authorized by this Act in the land titles registry or the personal property registry; 40 c S-46.002 SEIZURE OF CRIMINAL PROPERTY, 2009 (i) for the purposes of section 16.2: (i) prescribing additional offences that fall under the definition of a vehicle‑related offence; and (ii) prescribing additional circumstances pursuant to subclause (2) (c) (ii) of that section; (j) for the purposes of section 16.3, prescribing gangs and persons; (k) for the purposes of clause 16.4(1)(b), prescribing additional provisions of the Criminal Code that fall under the definition of a specified sexual offence; (l) respecting proceedings commenced pursuant to section 26.1; (m) for the purposes of clause 27(2)(e): (i) prescribing additional provisions of the Criminal Code; and (ii) prescribing additional provisions of any other Act; (n) for the purposes of clause 34(2)(e), prescribing entities to whom or purposes for which the proceeds of the forfeited property are to be distributed; (o) prescribing any matter or thing required or authorized by this Act to be prescribed in the regulations; (p) respecting any other matter or thing the Lieutenant Governor in Council considers necessary to carry out the intent of this Act. 2019, c 24, s 17; 2022, c 40, s 30. PART VII Repeal, Consequential and Coming into Force SS 2005, c S-46.001 repealed 41 The Seizure of Criminal Property Act is repealed. 2009, c S‑46.002, s 41. SS 2004, c T-18.1, section 186 amended 42 Clause 186(3)(b) of The Traffic Safety Act is repealed and the following substituted: “(b) subject to any direction of Treasury Board, the money or security deposit forfeited pursuant to subsection (2) shall be managed in accordance with Part IV of The Seizure of Criminal Property Act, 2009”. 2009, c S‑46.002, s 42. Coming into force 43 This Act comes into force on proclamation. 2009, c S‑46.002, s 43. REGINA, SASKATCHEWAN Printed by the authority of THE KING’S PRINTER Copyright©2024