Civil Forfeiture Regulations

Link to law: https://www.novascotia.ca/just/regulations/regs/cfforfeit.htm

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Civil Forfeiture Regulations
made under Section 29 of the

Civil Forfeiture Act

S.N.S. 2007, c. 27

O.I.C. 2011-193 (May 31, 2011), N.S. Reg. 197/2011

Citation

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

Definitions for Act and regulations

2     (1)    In these regulations,

 

“Act” means the Civil Forfeiture Act;

 

“Manager of Civil Forfeiture” means the Manager.

 

       (2)    In the Act and these regulations, “application” means an action or an applicationunder the Civil Procedure Rules.

Forms of notices to be filed in registry of deeds for real property

3     (1)    For the purpose of subsection 24(1) of the Act, the prescribed form for filing a noticein the registry of deeds that a proceeding commenced may affect real property isForm 1.

 

       (2)    For the purpose of subsection 24(3) of the Act, the prescribed form for

 

                (a)    filing an amendment or extension of a notice filed in the registry of deedsunder subsection 24(1) of the Act is Form 2;

 

                (b)    cancelling a notice filed in the registry of deeds under in subsection 24(1) ofthe Act is Form 3.

Forms of notices for registration in the personal property registry for personal property

4     (1)    For the purpose of subsection 24(2) of the Act, the prescribed manner for registeringa notice in the personal property registry that a proceeding commenced may affectpersonal property is the same as the manner in which a financing statement under thePersonal Property Security Act is registered.

 

       (2)    When registering a notice in accordance with subsection (1), the Manager must

 

                (a)    indicate that the secured party is an enterprise and enter the title “Manager ofAssets, Civil Forfeiture Program” as the name of the secured party; and

 

                (b)    enter the following notice under the heading “Additional Information”:

 

Take notice that a court proceeding has been commencedunder the Civil Forfeiture Act and that the legal ownership ofthe personal property, or the whole or a portion of an interestin the personal property, described in this registration may beaffected by the proceedings. If a forfeiture order is granted inthe court proceedings, it may result in a forfeiture of anyinterest in the property effective the date of this registration. Further information about this matter, or a copy of thedocuments by which this claim is made, may be obtainedfrom the office of the Manager of Civil Forfeiture. The dateof the commencement of the proceedings is _______, Courtfile number ________.

 

       (3)    For the purpose of subsection 24(3) of the Act, the prescribed manner for cancellinga notice registered in the personal property register under subsection 24(2) of the Actis the same as the manner in which a discharge of registration is made under Section69 of the Personal Property Security Act General Regulations made under thePersonal Property Security Act.

Persons to be notified and method of service (proceedings affecting real property)

5     (1)    Except as provided in subsection (2), for proceedings under Section 5 of the Act thatmay affect real property, the Manager is required to notify all persons who hold aregistered or recorded interest in the property, whether or not the registered orrecorded interest is the subject of the application for forfeiture.

 

       (2)    The Manager is not required to notify a person under subsection (1) who holds onlyan interest in a right-of-way or easement affecting the property.

 

       (3)    For property registered under the Land Registration Act, notice to persons undersubsection (1) must be served by delivering a copy of the Form 1 filed in the registryof deeds to the most recent address shown in the parcel register for the property, by

 

                (a)    registered mail; or

 

                (b)    personal service.

 

       (4)    For property not registered under the Land Registration Act, notice to persons undersubsection (1) must be served by delivering a copy of the Form 1 filed in the registryof deeds in the manner directed by the court.

Persons to be notified and method of service (proceedings affecting personal property)

6     (1)    For proceedings under Section 5 of the Act that may affect personal property, theManager is required to notify all persons who have an interest or notice registered inthe personal property registry.

 

       (2)    Notice to persons under subsection (1) must be served by delivering a completedForm 4 to the address shown in the personal property registry for the person by

 

                (a)    registered mail; or

 

                (b)    personal service.

Form 1: Notice of Proceedings Affecting Real Property

under the Civil Forfeiture Act

(subsection 24(1) of the Civil Forfeiture Act)

Take notice:

Take notice that

 

(1)   a court proceeding has been commenced under the Civil Forfeiture Act, and

 

(2)   the legal ownership of the real property or the whole or a portion of an interest in the realproperty described below may be affected by the proceedings.

Forfeiture:

If a forfeiture order is granted in the court proceedings, it may result in a forfeiture of anyinterest in the property, effective the date this notice is filed in the registry of deeds.

Description of property:

 

[ ]    The property is registered under the Land Registration Act:

Civic address:

 

PID No.

 

OR

 

[ ]    The property is not registered under the Land Registration Act:

Civic address:

 

Owner’s name on the consolidated index:

 

Legal Description attached as Schedule “A”

Further information

Further information about this matter, or a copy of the document(s) by which the claim is made,may be obtained from the office of the Manager of Civil Forfeiture at:

(contact info for Manager of Civil Forfeiture)

 

 

 

Signature of Manager of Civil Forfeiture

Civil Forfeiture Program

Public Safety & Security Division

Nova Scotia Department of Justice

 

Date

Form 2: Amendment of Extension of Notice of Proceedings Affecting Real Property

under the Civil Forfeiture Act

(subsection 24(3) of the Civil Forfeiture Act)

Take notice:

Take notice that the notice of proceedings affecting real property filed in the registry of deedson _________________, 20___, as document number____________, that may affect the realproperty described below is:

 

[ ]    amended as follows:

 

 

 

OR

[ ]    extended until ____________, 20____.

Description of property:

 

[ ]    The property is registered under the Land Registration Act:

Civic address:

 

PID No.

 

OR

 

[ ]    The property is not registered under the Land Registration Act:

Civic address:

 

Owner’s name on the consolidated index:

 

Legal Description attached as Schedule “A”

 

 

 

Signature of Manager of Civil Forfeiture

Civil Forfeiture Program

Public Safety & Security Division

Nova Scotia Department of Justice

 

Date

Form 3: Cancellation of Notice of Proceedings Affecting Real Property

under the Civil Forfeiture Act

(subsection 24(3) of the Civil Forfeiture Act)

Take notice:

Take notice that the notice of proceedings affecting real property filed in the registry of deedson ____________, 20___, as document number __________________, that may affect the realproperty described below is hereby cancelled.

Description of property:

 

[ ]    The property is registered under the Land Registration Act:

Civic address:

 

PID No.

 

OR

 

[ ]    The property is not registered under the Land Registration Act:

Civic address:

 

Owner’s name on the consolidated index:

 

Legal Description attached as Schedule “A”

 

 

 

Signature of Manager of Civil Forfeiture

Civil Forfeiture Program

Public Safety & Security Division

Nova Scotia Department of Justice

 

Date

Form 4: Notice of Proceedings Affecting Personal Property

under the Civil Forfeiture Act

(subsection 6(3) of the Civil Forfeiture Act)

Take notice:

Take notice that

 

(1)   a court proceeding has been commenced under the Civil Forfeiture Act, and

 

(2)   the legal ownership of the personal property, or the whole or a portion of an interest in thepersonal property described below, may be affected by the proceedings.

Forfeiture:

If a forfeiture order is granted in the court proceedings, it may result in a forfeiture of anyinterest in the property, effective the date that notice of the proceedings was registered in thepersonal property registry under subsection 24(2) of the Act, which was _____________ (date).

Description of property:

 

 

 

(identifying information from the registration, serial number, etc.)

Further information:

Further information regarding this matter, or a copy of the documents by which the claim ismade may be obtained from the office of the Manager of Civil Forfeiture at:

(contact information for Manager of Civil Forfeiture)

 

 

 

Signature of Manager of Civil Forfeiture

Civil Forfeiture Program

Public Safety & Security Division

Nova Scotia Department of Justice

 

Date