Distribution of Civil Forfeiture Funds Regulations

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Distribution of Civil Forfeiture Funds Regulations

made under Section 6 of the

Assets Management and Disposition Act

S.N.S. 2007, c. 26

O.I.C. 2011-192 (May 31, 2011), N.S. Reg. 196/2011


1     These regulations may be cited as the Distribution of Civil Forfeiture Funds Regulations.

Definitions for Act and regulations

2     (1)    In these regulations,


“Act” means the Assets Management and Disposition Act;


“Forfeiture Account” means the account established in Section 3 of the Act;


“Manager” means the Manager of Assets appointed under subsection 2(1) of the Act.


       (2)    In the Act and these regulations, “eligible victim” has the same meaning as “victim” as defined in the Victims’ Rights and Services Act.

Priority of payments out of Forfeiture Account

3     (1)    When making payments out of the Forfeiture Account under subsection 5(1) of the Act, the Manager must first make payments under clause 5(1)(a) of the Act to cover all expenses and costs incurred in administering the Civil Forfeiture Act and the Act, including all of the following:


                (a)    any legal costs related to forfeiture proceedings, including legal costs for proceedings for the forfeiture of property or an interest in property incurred


                         (i)     on behalf of the Manager,


                         (ii)    in relation to the proceedings, or


                         (iii)   in relation to distributing compensation resulting from the forfeiture;


                (b)    management and administrative costs relating to holding, administering, maintaining or managing a property or an interest in property before its sale or disposition;


                (c)    costs related to selling or disposing of forfeited property or interests in property;


                (d)    staffing and related costs for staff employed to assist the Manager in carrying out the Manager’s duties under the Act and the Civil Forfeiture Act.


       (2)    After the Manager has made payments in accordance with subsection (1), payments out of the Forfeiture Account may be made to the following:


                (a)    to the Director of Victim Services under clause 5(1)(b) of the Act for the compensation of eligible victims, who may use the funds for any of the following:


                         (i)     compensating persons under Sections 11A to 11R of the Victims’ Rights and Services Act;


                         (ii)    any program that benefits eligible victims that is operated or approved by the Director of Victim Services;


                (b)    to the Director of the Crime Prevention Unit of the Public Safety and Security Division of the Department of Justice under clause 5(1)(c) of the Act for targeted crime prevention initiatives offered by the Department of Justice.

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