Forfeited Property Sharing Regulations

Link to law: http://laws-lois.justice.gc.ca/eng/regulations/SOR-95-76/FullText.html

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Forfeited Property Sharing Regulations

SOR/95-76SEIZED PROPERTY MANAGEMENT ACT
Registration 1995-01-31
Regulations Respecting the Sharing of the Proceeds of the Disposition of Forfeited Property, the Sharing of the Amounts Paid or Recovered on Account of Certain Fines and the Sharing of Certain Moneys Transferred to Canada by the Governments of Foreign States
P.C. 1995-125 1995-01-31His Excellency the Governor General in Council, on the recommendation of the Minister of Supply and Services, the Minister of Justice and the Solicitor General of Canada, pursuant to paragraph 9(f), section 11, paragraphs 13(2)(a) and (c) and sections 18 and 19 of the Seized Property Management ActFootnote *, is pleased hereby to make the annexed Regulations respecting the sharing of the proceeds of the disposition of forfeited property, the sharing of the amounts paid or recovered on account of certain fines and the sharing of certain moneys transferred to Canada by the governments of foreign states.
Return to footnote *S.C. 1993, c. 37Short Title

1 These Regulations may be cited as the Forfeited Property Sharing Regulations.

Interpretation

2 In these Regulations,

Act
Act means the Seized Property Management Act; (Loi)
agency

agency means

(a) in the case of the Government of Canada, a law enforcement agency under the authority of the Government of Canada, and

(b) in the case of a jurisdiction that is

(i) the government of a province, a law enforcement agency operating under provincial legislation or the Royal Canadian Mounted Police acting under contract in that province, and
(ii) the government of a foreign state, a law enforcement agency within that state; (organisme)

contribution
contribution means the contribution of the Government of Canada or a jurisdiction, as determined in accordance with section 7; (apport)
fine
fine means the amount paid or recovered on account of a fine imposed under subsection 462.37(3) of the Criminal Code in relation to proceedings commenced at the instance of the Government of Canada; (amende)
jurisdiction
jurisdiction means the government of a province or the government of a foreign state; (autorité)
net proceeds
net proceeds means the net proceeds from the disposition of property, calculated in accordance with section 12 of the Seized Property Disposition Regulations; (produit net)
property
property means any property forfeited to Her Majesty pursuant to  a provision rerred to in section 10 of the Act. (bien)

SOR/2000-115, s. 1.

Agreements with the Governments of Foreign States Respecting Sharing

3 No sharing under the Act and these Regulations shall take place with the government of a foreign state unless the government of that foreign state has entered into an agreement pursuant to section 11 of the Act.

4 (1) An agreement with the government of a foreign state, entered into pursuant to section 11 of the Act, shall

(a) provide that sharing will be between the Government of Canada and the government of that foreign state;
(b) provide that the sharing of the proceeds of disposition of property in Canada and the sharing of fines in Canada will be in accordance with Part I of these Regulations;
(c) provide that there will be no conditions in respect of the use of any moneys received under the agreement; and
(d) state the title of the official to whom the amount of any share is to be paid and sent or provide that a central authority will designate to whom the amount of any share is to be paid and sent.

(2) An agreement referred to in subsection (1) shall not be inconsistent with the Act or these Regulations.

PART I Forfeited Property and Fines in Canada

Determination of the Amount Available for Sharing

5 The amount that is available for sharing shall be determined by subtracting, from the sum of, first, the amount of the net proceeds of all of a person’s property that has been forfeited in connection with one or more offenses by the person and, second, the amount of any fine ordered to be paid by the person in connection with the offence or offenses, the following amounts:

(a) a prorated portion of the amount of the operating expenses referred to in paragraph 13(3)(a) of the Act; and

(b) a prorated portion of the amount reserved for

(i) future losses,
(ii) the payment of claims arising from undertakings given by the Attorney General pursuant to subsection 462.32(6) or 462.33(7) of the Criminal Code, and
(iii) payments arising from indemnifications granted pursuant to section 18 of the Act.

Time of Sharing

6 The sharing of an amount determined pursuant to section 5, shall take place no later than 90 days after the end of the fiscal year in which the following amounts are paid into the Consolidated Revenue Fund and credited to the Proceeds Account:

(a) in the case where only one property referred to in section 5 has been forfeited, the amount of the net proceeds of the property;
(b) in the case where more than one property referred to in section 5 has been forfeited, the amount of the net proceeds of the property that was disposed of last;
(c) in the case where a fine referred to in section 5 has been ordered, the amount paid or recovered on account of the fine; and
(d) in the case where property referred to in section 5 has been forfeited and a fine, referred to in section 5 has been ordered, the amount of the net proceeds of the property and the amount paid or recovered on account of the fine.

Contribution of the Government of Canada and Jurisdictions

7 (1) For the purposes of the sharing of an amount determined pursuant to section 5, the Attorney General shall assess the contribution of the Government of Canada and of each of the relevant jurisdictions on the basis of the following:

(a) the nature of information provided by the agencies of the Government of Canada and each jurisdiction, and the importance of that information; and
(b) the participation by the agencies of the Government of Canada and each jurisdiction in the investigation and prosecution that lead to forfeiture or the imposition of a fine.

(2) The Attorney General may, for the purposes of an assessment referred to in subsection (1), consult with the relevant agencies and jurisdictions.

(3) The Attorney General shall assign a percentage representing the contribution of the Government of Canada and of each relevant jurisdiction, as compared with the contribution of another jurisdiction or group of jurisdictions, as the case may be, determined as follows:

(a) where the contribution of the Government of Canada or a jurisdiction constitutes the predominant portion of the total contribution, it shall be considered to be 90 per cent;
(b) where the contribution of the Government of Canada or a jurisdiction constitutes a significant portion of the total contribution, it shall be considered to be 50 per cent; and
(c) where the contribution of the Government of Canada or a jurisdiction constitutes a minimal portion of the total contribution, it shall be considered to be 10 per cent.

(4) The Attorney General shall determine the contribution, expressed as a percentage in accordance with subsection (3), of the Government of Canada and of each of the following jurisdictions and groups of jurisdictions, in the following order:

(a) determine the contribution of the Government of Canada and the contribution of the group of all relevant jurisdictions;
(b) determine the contribution of the jurisdiction that has the highest level of contribution from among the group of other jurisdictions referred to in paragraph (a), and the contribution of the group of remaining jurisdictions;
(c) repeat the method set out in paragraph (b), for the group of remaining jurisdictions, until only two jurisdictions remain; and
(d) where only two jurisdictions remain, determine the contribution of each of those jurisdictions.

(5) The percentage that represents the contribution of the Government of Canada shall in no case be less than 10 per cent.

8 The Attorney General shall provide to the Minister the percentages that represent the respective contributions, assigned pursuant to section 7, of the Government of Canada and the relevant jurisdictions and groups of jurisdictions.

Calculation and Payment of Shares

9 The Minister shall, in accordance with the percentages referred to in section 8, calculate the Government of Canada’s share and each relevant jurisdiction’s share of an amount determined in accordance with section 5, as follows:

(a) calculate the share of the Government of Canada by multiplying the amount available for sharing by the percentage that represents the contribution of the Government of Canada;
(b) subtract the product obtained in the preceding paragraph from the amount available for sharing, the remainder being the first residual amount available for sharing;
(c) if there is only one remaining jurisdiction, the share of that jurisdiction is the residual amount referred to in paragraph (b), otherwise calculate the share of the jurisdiction that has the highest level of contribution as determined under paragraph 7(4)(b) by multiplying the first residual amount available for sharing obtained in accordance with the preceding paragraph by the percentage that represents the contribution of that jurisdiction;
(d) subtract the product obtained in the preceding paragraph from the first residual amount available for sharing in the preceding paragraph, the remainder being the new residual amount available for sharing;
(e) repeat the method set out in paragraphs (c) and (d), with such modifications as the circumstances require, until such time as the shares of only two jurisdictions remain to be calculated; and
(f) where the shares of only two jurisdictions remain to be calculated, calculate the shares of those jurisdictions by multiplying the new residual amount available for sharing obtained in accordance with the preceding step by the percentages that represent the respective contributions of those jurisdictions.

10 The Minister shall pay to each relevant jurisdiction the amount of the share, calculated in accordance with section 9, for that jurisdiction by sending that amount to the government of a relevant province or to the appropriate official as specified in an agreement referred to in section 3.

11 Where a government of a province signs a memorandum of understanding with the Government of Canada respecting the allocation by the province of a portion of a share received under section 10, the allocation of that portion shall be consistent with the memorandum of understanding.

PART II Sharing of Moneys Transferred to Canada

Determination of the Amount Available for Sharing

12 The amount of the moneys transferred to Canada by the government of a foreign state under an agreement entered into pursuant to section 11 of the Act that is available for sharing between the Government of Canada and the government of the relevant provinces shall be determined by subtracting, from the moneys transferred, the amount referred to in paragraph 5(a).

Manner of Sharing

13 Sections 7 to 11 apply to the sharing of the amount determined in accordance with section 12, except that any contribution of the government of a foreign state shall not be taken into account.

Time of Sharing

14 Sharing shall take place no later than 90 days after the end of the fiscal year in which the amounts received from the government of a foreign state are paid into the Consolidated Revenue Fund and credited to the Proceeds Account.

15 Within 120 days after the end of each fiscal year, all amounts credited to the Proceeds Account that are not shared pursuant to sections 10 and 11 of the Act less such amounts reserved in accordance with section 16 of the Act shall be calculated for that fiscal year and paid into the Seized Property Non-Tax Revenue Account.
SOR/98-191, s. 1.

16 On or before March 31, 2000, all amounts credited to the Proceeds Account during any of fiscal years 1993-94 to 1996-97 that have not been shared pursuant to sections 10 and 11 of the Act, less any amounts reserved in accordance with section 16 of the Act, shall be calculated and paid into the Seized Property Non-Tax Revenue Account.

SOR/98-191, s. 1;
SOR/2000-115, s. 2.