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“Point in Time” Act Content

CIVIL FORFEITURE ACT

[SBC 2005] CHAPTER 29

NOTE: Links below go to act content as it was prior to the changes made on the effective date. (PIT covers changes made from September 6, 2000 to "current to" date of the act.)
SECTIONEFFECTIVE DATE
1May 1, 2008
 May 1, 2008
 June 3, 2010
 June 3, 2010
 May 16, 2019
 May 16, 2019
 May 11, 2023
 May 11, 2023
 May 11, 2023
4.01May 16, 2019
 May 11, 2023
6June 3, 2010
 May 11, 2023
7June 3, 2010
 June 3, 2010
 June 3, 2010
 June 2, 2011
 June 2, 2011
 May 11, 2023
Part 3 headingMay 16, 2019
8May 1, 2008
 June 3, 2010
 June 3, 2010
 June 3, 2010
 June 3, 2010
 June 3, 2010
 June 3, 2010
 May 16, 2019
 May 16, 2019
 May 11, 2023
9May 16, 2019
Part 3, Division 1.1, sections 11.01 to 11.04May 16, 2019
11.021May 11, 2023
11.03May 11, 2023
11.04May 11, 2023
Part 3, Division 1.2, sections 11.05 to 11.13May 11, 2023
12May 1, 2008
 May 1, 2008
 May 16, 2019
 May 11, 2023
13June 3, 2010
 May 11, 2023
Part 3.1, sections 14.01 to 14.11June 2, 2011
14.01November 2, 2017
 May 11, 2023
 May 11, 2023
14.02May 11, 2023
 May 11, 2023
14.04May 16, 2019
 May 11, 2023
 May 11, 2023
14.06May 11, 2023
14.07May 11, 2023
14.09May 11, 2023
14.11Decembe 14, 2011
 May 11, 2023
14.12 to 14.15May 11, 2023
15May 1, 2008
 May 1, 2008
 July 1, 2010
 June 2, 2011
 May 16, 2019
 May 16, 2019
15.01May 16, 2019
 May 16, 2019
 May 16, 2019
16June 2, 2011
 May 16, 2019
17June 2, 2011
 May 16, 2019
 May 16, 2019
18June 2, 2011
 May 16, 2019
19June 2, 2011
 May 16, 2019
19.01May 16, 2019
19.02May 16, 2019
19.03May 16, 2019
19.04May 16, 2019
19.05May 16, 2019
19.06 to 19.09May 11, 2023
Part 4.1, Divisions 1 and 2, sections 20.01 to 20.06May 11, 2023
22May 1, 2008
 June 2, 2011
 May 11, 2023
22.002May 11, 2023
22.01May 16, 2019
 May 11, 2023
22.02May 11, 2023
Part 5, Division 1.1, sections 22.02 and 22.03May 16, 2019
22.1May 1, 2008
 June 2, 2011
 May 16, 2019
23.01May 16, 2019
 May 11, 2023
Part 5, Division 4, sections 23.02 to 23.07May 11, 2023
23.1June 3, 2010
 June 2, 2011
 May 16, 2019
26May 1, 2008
27December 4, 2006
 May 1, 2008
 June 2, 2011
 June 2, 2011
 May 11, 2023
30March 10, 2016
35July 1, 2010
 June 2, 2011
 May 11, 2023
35.1May 11, 2023
38June 2, 2011
 June 2, 2011
 May 16, 2019
 May 11, 2023

  Section 1 (1) (a) (i) and (ii) in the definition of "instrument of unlawful activity" BEFORE amended by 2008-15-5(a), effective May 1, 2008 (Royal Assent).

(i)  resulted in the acquisition of property or an interest in property, or

(ii)  caused serious bodily harm to a person, or

  Section 1 (1) (b) (part) in the definition of "instrument of unlawful activity" BEFORE amended by 2008-15-5(b), effective May 1, 2008 (Royal Assent).

(b) is likely to be used to engage in unlawful activity that is intended to

  Section 1 (1) definition of "instrument of unlawful activity" BEFORE amended by 2010-21-173(a), effective June 3, 2010 (Royal Assent).

"instrument of unlawful activity" means property that

(a) has been used to engage in unlawful activity that, in turn,

(i)  resulted in or was likely to result in the acquisition of property or an interest in property, or

(ii)  caused or was likely to cause serious bodily harm to a person, or

(b) is likely to be used to engage in unlawful activity that may

(i)  result in the acquisition of property or an interest in property, or

(ii)  cause serious bodily harm to a person;

  Section 1 (1) in definition of "proceeds of unlawful activity" paragraph (d) was added by 2010-21-173(b), effective June 3, 2010 (Royal Assent).

  Section 1 (1) definition of "instrument of unlawful activity" paragraph (c) BEFORE amended by 2019-12-1(a), effective May 16, 2019 (Royal Assent).

(c) property that is realized from the disposition of property described in paragraph (a) or (b) under an order of the court under section 8 (3) (d) [interim preservation order];

  Section 1 (1) definition of "proceeds of unlawful activity" paragraph (d) BEFORE amended by 2019-12-1(b), effective May 16, 2019 (Royal Assent).

(d) property that is realized from the disposition of the whole or a portion of an interest in property described in paragraph (a), (b) or (c) under an order of the court under section 8 (3) (d) [interim preservation order];

  Section 1 (1) definitions of "business day", "corporation", "financed vehicle", "limited partnership", "public body", "respondent", "responsible officer", "senior officer", "serial numbered goods", "specified interest holder", "specified security interest", "unexplained wealth order" and "uninvolved interest holder" were added by 2023-13-1(a), (d) and (f), effective May 11, 2023 (Royal Assent).

  Section 1 (1) definitions of "instrument of unlawful activity" and "proceeds of unlawful activity" BEFORE amended by 2023-13-1(b), (c) and (e), effective May 11, 2023 (Royal Assent).

"instrument of unlawful activity" means any of the following:

(a) property that has been used to engage in unlawful activity that, in turn,

(i) resulted in or was likely to result in the acquisition of property or an interest in property, or

(ii) caused or was likely to cause serious bodily harm to a person;

(b) property that is likely to be used to engage in unlawful activity that may

(i) result in the acquisition of property or an interest in property, or

(ii) cause serious bodily harm to a person;

(c) property that is realized from the disposition of property described in paragraph (a) or (b) under an order of the court under section 8 (3) (d) [interim preservation order] or 11.02 (3) (b) [preliminary order to preserve property];

"proceeds of unlawful activity" means any of the following:

(a) the whole or a portion of an interest in property if the whole or the portion of the interest, as the case may be, is acquired directly or indirectly as a result of unlawful activity;

(b) the whole or a portion of an interest in property that is equivalent in value to the amount of an increase in value of the whole or the portion of the interest in property if the increase in value results directly or indirectly from unlawful activity;

(c) the whole or a portion of an interest in property that is equivalent in value to the amount of a decrease in a debt obligation secured against the interest or the portion of the interest in property, if the decrease in debt obligation results directly or indirectly from unlawful activity;

(d) property that is realized from the disposition of the whole or a portion of an interest in property described in paragraph (a), (b) or (c) under an order of the court under section 8 (3) (d) [interim preservation order] or 11.02 (3) (b) [preliminary order to preserve property];

  Section 1 (3) was added by 2023-13-2, effective May 11, 2023 (Royal Assent).

  Section 4.01 was enacted by 2019-12-2, effective May 16, 2019 (Royal Assent).

  Section 4.01 BEFORE re-enacted by 2023-13-3, effective May 11, 2023 (Royal Assent).

Response must identify interest in property

4.01   A person who files a response to proceedings commenced under section 3 must identify in the response the nature of the interest that the person claims in the property that is the subject of the application for forfeiture.

  Section 6 BEFORE re-enacted by 2010-21-174, effective June 3, 2010 (Royal Assent).

 Relief from forfeiture

6  If a court determines that the forfeiture of property or the whole or a portion of an interest in property under this Act is not in the interests of justice, the court may

(a) refuse to issue a forfeiture order,

(b) limit the application of the forfeiture order, or

(c) put conditions on the forfeiture order.

  Section 6 (2) (a) and (b) (part) BEFORE amended by 2023-13-4, effective May 11, 2023 (Royal Assent).

(a) she or he did not, directly or indirectly, acquire the property as a result of unlawful activity committed by the party;

(b) she or he

  Section 7 was renumbered to 7 (1) by 2010-21-175(a), effective June 3, 2010 (Royal Assent).

  Section 7 (1) (b) BEFORE amended by 2010-21-175(b), effective June 3, 2010 (Royal Assent).

(b) in the case of personal property or the whole or a portion of an interest in personal property,

(i)  at the time a notice is registered under section 23 (2) with respect to the property or the whole or a portion of an interest in the property, or

(ii)  if the court determines that registration in the personal property registry is not required, on the date the court makes the forfeiture order.

  Section 7 (2) was added by 2010-21-175(c), effective June 3, 2010 (Royal Assent).

  Section 7 (1) (b) BEFORE amended by 2011-4-1(a), effective June 2, 2011 (Royal Assent).

(b) subject to subsection (2), in the case of personal property or the whole or a portion of an interest in personal property, at the time a notice is registered under section 23 (2) with respect to the property or the whole or a portion of an interest in the property.

  Section 7 (2) BEFORE amended by 2011-4-1(b), effective June 2, 2011 (Royal Assent).

(2)  A forfeiture order made with respect to personal property, or the whole or a portion of an interest in personal property, that is or would be refused registration in the personal property registry by the registrar under the Personal Property Security Act, is deemed to be effective on the date that proceedings are commenced under section 3, and the order is retroactive to the extent necessary to give it force and effect on and after that date.

  Section 7 BEFORE re-enacted by 2023-13-5, effective May 11, 2023 (Royal Assent).

Effective date of forfeiture order

7   (1) A forfeiture order made with respect to property or the whole or a portion of an interest in property, as applicable, is effective,

(a) in the case of real property or an interest in real property registered in the land title office,

(i) at the time a notice is filed under section 23 (1) with respect to the property or the whole or a portion of an interest in property, or

(ii) at the time the forfeiture order is filed in the land title office with respect to the property or the whole or a portion of an interest in property, if no notice is filed under section 23 (1), and

(b) subject to subsection (2), in the case of personal property that is not cash or the whole or a portion of an interest in personal property that is not cash, at the time a notice is registered under section 14.04 (1) (a) or 23 (2) with respect to the property or the whole or a portion of an interest in the property.

(2) A forfeiture order made with respect to personal property, or the whole or a portion of an interest in personal property, that is cash or is or would be refused registration in the personal property registry by the registrar under the Personal Property Security Act, is deemed to be effective on the date that proceedings are commenced under section 3, and the order is retroactive to the extent necessary to give it force and effect on and after that date.

  Part 3 heading BEFORE amended by 2019-12-3, effective May 16, 2019 (Royal Assent).

Part 3 — Interim Preservation Orders, Protection Orders and Other Related Orders

  Section 8 (5) BEFORE amended by 2008-15-6, effective May 1, 2008 (Royal Assent).

(5)  Unless it is not in the interests of justice, the court must make an interim preservation order applied for under this section if the court is satisfied that there are reasonable grounds to believe that

(a) the whole or the portion of the interest in property that is the basis of the application under subsection (1) is proceeds of unlawful activity, or

(b) the property that is the basis of the application under subsection (2) is an instrument of unlawful activity.

  Section 8 (2.1) was added by 2010-21-176(a), effective June 3, 2010 (Royal Assent).

  Section 8 (3) BEFORE amended by 2010-21-176(b), effective June 3, 2010 (Royal Assent).

(3)  On application under subsection (1) or (2), the court may make one or more of the following orders for preservation of property or the whole or a portion of an interest in property:

(a) an order restraining the disposition or transmission of the property or the whole or the portion of the interest in property;

(b) an order for the possession, delivery to the director or safekeeping of property;

(c) an order appointing a person to act as a receiver manager for property or the whole or a portion of an interest in property;

(d) an order for the disposition of the property or the whole or the portion of the interest in property in order to better preserve the value of the property or the whole or the portion of the interest in property;

(e) for the purpose of securing performance of an obligation imposed by an order made under Part 2 of this Act or under this Part, an order granting to the director a lien for an amount set by the court on property or the whole or the portion of an interest in property;

(f) any other order that the court considers just for the preservation of

(i)  the property or the whole or the portion of an interest in the property,

(ii)  the value of the property or of the whole or the portion of an interest in the property, or

(iii)  the rights of creditors and other interest holders;

(g) any other order that the court considers appropriate in the circumstances.

  Section 8 (4) (part) BEFORE amended by 2010-21-176(c), effective June 3, 2010 (Royal Assent).

(4)  The amount set by the court under subsection (3) (e) is deemed for the purposes of the Personal Property Security Act

  Section 8 (5) (part) BEFORE amended by 2010-21-176(d), effective June 3, 2010 (Royal Assent).

(5)  Unless it is not in the interests of justice, the court must make an interim preservation order applied for under this section if the court is satisfied that one or both of the following constitute a serious question to be tried:

  Section 8 (7) BEFORE amended by 2010-21-176(c), effective June 3, 2010 (Royal Assent).

(7)  On application of the director, the land title office may release a lien referred to in subsection (3) (e).

  Section 8 (8) was added by 2010-21-176(e), effective June 3, 2010 (Royal Assent).

  Section 8 (1) (part) BEFORE amended by 2019-12-4(a), effective May 16, 2019 (Royal Assent).

(1) As part of a proceeding under section 3 (1) for forfeiture of the whole or a portion of an interest in property, the director may make an application to court for one or more interim preservation orders in relation to

  Section 8 (2), (2.1) and (8) BEFORE amended by 2019-12-4(a), (b) and (c), effective May 16, 2019 (Royal Assent).

(2) As part of a proceeding under section 3 (2) for forfeiture of property, the director may make an application to court for one or more interim preservation orders in relation to the property.

(2.1) The director may make an application under subsection (1) or (2) on her or his own initiative or on consent of one or more parties to the proceeding under section 3.

(8) The court must not make any order under subsection (3) (i) that would directly or indirectly reduce the amount of money that would otherwise arise from the disposition of the property or the whole or a portion of the interest in property on its forfeiture under this Act.

  Section 8 (2.1) BEFORE amended by 2023-13-6, effective May 11, 2023 (Royal Assent).

(2.1) The director may apply for an order under subsection (1) or (2) on her or his own initiative or on consent of one or more parties to the proceeding under section 3.

  Section 9 (2) BEFORE amended by 2019-12-5, effective May 16, 2019 (Royal Assent).

(2) An order made without notice under subsection (1) may not be made for a period greater than 30 days.

  Part 3, Division 1.1, sections 11.01 to 11.04, was enacted by 2019-12-6, effective May 16, 2019 (Royal Assent).

  Section 11.021 was enacted by 2023-13-7, effective May 11, 2023 (Royal Assent).

  Section 11.03 (2) BEFORE amended by 2023-13-8, effective May 11, 2023 (Royal Assent).

(2) An order made without notice under section 11.02 may not be made for a period greater than 60 days.

  Section 11.04 (1) BEFORE repealed by 2023-13-9, effective May 11, 2023 (Royal Assent).

(1) In this section, "business day" means a day on which the court registries are open for business.

  Part 3, Division 1.2, sections 11.05 to 11.13, was enacted by 2023-13-10, effective May 11, 2023 (Royal Assent).

  Section 12 BEFORE amended by 2008-15-7, effective May 1, 2008 (Royal Assent).

 Definition

12  In this Division, "uninvolved interest holder" means a person who

(a) owns, at the time of application for an order under section 3, the whole or a portion of an interest in property that is an instrument of unlawful activity, and

(b) did not directly or indirectly engage in the unlawful activity that is the basis of the application referred to in paragraph (a).

  Section 12 (2) was added by 2008-15-7(c), effective May 1, 2008 (Royal Assent).

  Section 12 (1) (part) BEFORE amended by 2019-12-7, effective May 16, 2019 (Royal Assent).

(1) In this Division and in section 22.1, "uninvolved interest holder" means a person who

  Section 12 BEFORE repealed by 2023-13-11, effective May 11, 2023 (Royal Assent).

Definition

12   (1) In this Division and in section 22.01, "uninvolved interest holder" means a person who

(a) owns, at the time of application for an order under section 3, the whole or a portion of an interest in property that is an instrument of unlawful activity, and

(b) did not directly or indirectly engage in the unlawful activity that is the basis of the application referred to in paragraph (a).

(2) A person who indirectly engaged in the unlawful activity that is the basis of the application referred to in subsection (1) (a) includes, without limitation, a person who had knowledge of the unlawful activity and received a financial benefit from the unlawful activity.

  Section 13 (2) and (3) BEFORE amended by 2010-21-177, effective June 3, 2010 (Royal Assent).

(2)  A protection order issued with respect to property that is subject to a forfeiture order has effect from the date that the forfeiture order is effective, unless the court orders otherwise.

(3)  A court may refuse to issue a protection order if the issuance is not in the interests of justice.

  Section 13 (2) BEFORE amended by 2023-13-12, effective May 11, 2023 (Royal Assent).

(2) A protection order issued with respect to property that is subject to a forfeiture order has effect from the date that the forfeiture order is effective or is deemed to be effective, unless the court orders otherwise.

  Part 3.1, sections 14.01 to 14.11, was enacted by 2011-4-2, effective June 2, 2011 (Royal Assent).

  Section 14.01 (1) was renumbered as section 14.01 by 2017-10-7, effective November 2, 2017 (Royal Assent).

  Section 14.01 definitions of "known interest holder" and "protected interest holder" BEFORE amended by 2023-13-13(a) and (b), effective May 11, 2023 (Royal Assent).

"known interest holder" means, in relation to a subject property, a person to whom the director is to give notice of forfeiture of the subject property under section 14.04 (1) (b) (i), (ii) or (iii);

"protected interest holder" means, in relation to a subject property, a person who

(a) owns a registered interest in the whole or a portion of the subject property, and

(b) did not directly or indirectly engage in the unlawful activity that is the basis of forfeiture under this Act;

  Section 14.01 definition of "public body" BEFORE repealed by 2023-13-13(c), effective May 11, 2023 (Royal Assent).

"public body" means any of the following:

(a) an entity with which the director has an information-sharing agreement under section 22 (4);

(b) a public body referred to in section 22 (5);

  Section 14.02 (1) (b) BEFORE amended by 2023-13-14(a), effective May 11, 2023 (Royal Assent).

(b) the director has reason to believe that the fair market value of the property referred to in paragraph (a) (i) or (ii) is $75 000 or less,

  Section 14.02 (2) (a) BEFORE repealed by 2023-13-14(b), effective May 11, 2023 (Royal Assent).

(a) the director has reason to believe that the limitation period for commencing proceedings under section 3 [application for forfeiture order] in relation to the property has expired, or

  Section 14.04 (4) (c) (ii) BEFORE amended by 2019-12-8, effective May 16, 2019 (Royal Assent).

(ii) the time and date of the seizure, and

  Section 14.04 (1) BEFORE amended by 2023-13-15(a) to (c), effective May 11, 2023 (Royal Assent).

(1) The director must do the following to initiate forfeiture in relation to any subject property:

(a) register in the personal property registry notice of forfeiture under this Part in relation to the subject property, unless the subject property is cash or is or would be refused registration in the personal property registry;

(b) subject to section 14.06 (2), give written notice of forfeiture under this Part to each of the following:

(i) the person from whom the subject property was seized;

(ii) any other person claiming to be lawfully entitled to possession of the subject property;

(iii) a person who the director has reason to believe may be a registered or unregistered owner of an interest in the subject property;

(iv) the public body in possession of the subject property;

(c) in accordance with subsections (2) and (3) of this section, publish notice of forfeiture under this Part in relation to the subject property.

  Section 14.04 (4) (d) BEFORE amended by 2023-13-15(d), effective May 11, 2023 (Royal Assent).

(d) contain other information, if any, that may be prescribed under section 38 (2) (e.1).

  Section 14.06 BEFORE re-enacted by 2023-13-16, effective May 11, 2023 (Royal Assent).

How notice is given to known interest holders

14.06   (1) Notice to a known interest holder may be given by registered mail to the last known address of the known interest holder.

(2) The notice requirement of section 14.04 (1) (b) does not apply if the address of a person referred to in that provision is unknown to the director.

(3) Notice sent by registered mail under this section is deemed to have been served on the person to whom it is addressed on the 7th day after deposit with Canada Post unless the person received actual service before that day.

  Section 14.07 (1) and (2) BEFORE amended by 2023-13-17, effective May 11, 2023 (Royal Assent).

(1) A person who claims to have an interest in subject property may dispute forfeiture under this Part by filing a notice of dispute with the director in accordance with this section.

(2) A notice of dispute under this section must be accompanied by a solemn declaration that

(a) identifies the nature of the person's interest in the subject property,

(b) includes the following:

(i) the name of the person disputing forfeiture under this Part;

(ii) an address for service of documents for the person disputing the forfeiture;

(iii) the reasons for disputing that forfeiture,

(c) is made

(i) on oath or by solemn affirmation by the person or, in the case of a corporation, by an individual authorized by the corporation for the purpose of filing a notice of dispute under this section, and

(ii) before a commissioner for taking affidavits for British Columbia, and

(d) is signed by the person making the oath or solemn affirmation and by the commissioner before whom it is made.

  Section 14.09 (2) BEFORE amended by 2023-13-18, effective May 11, 2023 (Royal Assent).

(2) For the purposes of subsection (1), the director must

(a) notify the public body in possession of the subject property of its forfeiture to the government under this Part,

(b) in the case of subject property that is a motor vehicle or trailer, direct the Insurance Corporation of British Columbia to transfer registration of the motor vehicle or trailer under the Motor Vehicle Act to the government, and

(c) take possession of or seize the subject property and dispose of it.

  Section 14.11 (4) (a) BEFORE amended by 236/2011, effective December 14, 2011.

(a) the whole or a portion of in interest in the subject property would have been proceeds of unlawful activity had proceedings been commenced under section 3 (1) in relation to the subject property before forfeiture under this Part;

  Section 14.11 (10) BEFORE repealed by 2023-13-19, effective May 11, 2023 (Royal Assent).

(10) Other than an amount a court may order to be paid under this section, no other compensation is payable to any person by the government, the director, a public body or an employee of a public body and no other proceedings may be commenced or maintained to claim compensation from the government, the director, a public body or an employee of a public body as a result of forfeiture under this Part.

  Sections 14.12 to 14.15 were enacted by 2023-13-20, effective May 11, 2023 (Royal Assent).

  Section 15 BEFORE amended by 2008-15-8, effective May 1, 2008 (Royal Assent).

 Proceedings

15  The director may commence proceedings under this Act by originating application or action.

  Section 15 (2) was added by 2008-15-8(b), effective May 1, 2008 (Royal Assent).

  Section 15 (1) BEFORE amended by 2010-6-26, effective July 1, 2010.

(1)  The director may commence proceedings under this Act by originating application or action.

  Section 15 (3), (4) and (5) were added by 2011-4-3, effective June 2, 2011 (Royal Assent).

  Section 15 was renumbered as section 15.01 by 2019-12-9, effective May 16, 2019 (Royal Assent).

  Section 15 was enacted by 2019-12-10, effective May 16, 2019 (Royal Assent).

  Section 15.01 was renumbered from section 15 by 2019-12-9, effective May 16, 2019 (Royal Assent).

  Section 15.01 (1) (part) BEFORE amended by 2019-12-11(a), effective May 16, 2019 (Royal Assent).

(1) The director may commence proceedings under this Act by

  Section 15.01 (3) BEFORE repealed by 2019-12-11(b), effective May 16, 2019 (Royal Assent).

(3) Subsection (1) (a) of this section does not apply to proceedings referred to in section 14.11.

  Section 16 BEFORE amended by 2011-4-4, effective June 2, 2011 (Royal Assent).

 Standard of proof

16  Findings of fact in proceedings under this Act and the discharge of any presumption are to be made on the balance of probabilities.

  Section 16 BEFORE amended by 2019-12-12, effective May 16, 2019 (Royal Assent).

16   Findings of fact in proceedings under section 3 or 14.11 and the discharge of any presumption are to be made on the balance of probabilities.

  Section 17 (2) BEFORE amended by 2011-4-5, effective June 2, 2011 (Royal Assent).

(2)  In proceedings under this Act, proof that a person was convicted, found guilty or found not criminally responsible on account of a mental disorder in respect of an offence that constitutes an unlawful activity is proof that the person engaged in the unlawful activity.

  Section 17 (2) BEFORE amended by 2019-12-12, effective May 16, 2019 (Royal Assent).

(2) In proceedings under section 3 or 14.11, proof that a person was convicted, found guilty or found not criminally responsible on account of a mental disorder in respect of an offence that constitutes an unlawful activity is proof that the person engaged in the unlawful activity.

  Section 17 (1) BEFORE repealed by 2019-12-13, effective May 16, 2019 (Royal Assent).

(1) In this section:

"conviction" means a conviction

(a) that is not subject to appeal or further appeal, or

(b) for which no appeal is taken;

"finding of guilt" includes a finding of guilt by a court, whether or not the court orders an absolute or conditional discharge under section 730 of the Criminal Code, but does not include a finding of guilt if

(a) the finding is subject to appeal or further appeal, or

(b) an appeal is being taken in respect of the finding of guilt;

"found guilty" has a corresponding meaning to the definition of "finding of guilt".

  Section 18 (part) BEFORE amended by 2011-4-6, effective June 2, 2011 (Royal Assent).

  In proceedings under this Act, an unlawful activity may be found to have occurred even if

  Section 18 (part) BEFORE amended by 2019-12-12, effective May 16, 2019 (Royal Assent).

If no conviction or finding of unlawful activity

18   In proceedings under section 3 or 14.11, an unlawful activity may be found to have occurred even if

  Section 19 BEFORE amended by 2011-4-7, effective June 2, 2011 (Royal Assent).

 Determination respecting proceeds of unlawful activity

19  In an application for forfeiture made under section 3 (1), proof that a person

(a) participated in an unlawful activity that resulted in or is likely to have resulted in the person receiving a financial benefit, and

(b) subsequently did one or more of the following:

(i)  acquired the whole or the portion of an interest in property that is the subject of the application;

(ii)  caused an increase in the value of the interest or the portion of the interest in property that is the subject of the application;

(iii)  caused a decrease of a debt obligation secured against the interest or the portion of the interest in property that is the subject of the application,

is proof, in absence of evidence to the contrary, that the whole or the portion of the interest in property that is the subject of the application is proceeds of unlawful activity as a result of the unlawful activity referred to in paragraph (a).

  Section 19 (part) BEFORE amended by 2019-12-12, effective May 16, 2019 (Royal Assent).

Determination respecting proceeds of unlawful activity

19   In proceedings under section 3 or 14.11, proof that a person

  Section 19.01 was enacted by 2019-12-14, effective May 16, 2019 (Royal Assent).

  Section 19.02 was enacted by 2019-12-14, effective May 16, 2019 (Royal Assent).

  Section 19.03 was enacted by 2019-12-14, effective May 16, 2019 (Royal Assent).

  Section 19.04 was enacted by 2019-12-14, effective May 16, 2019 (Royal Assent).

  Section 19.05 was enacted by 2019-12-14, effective May 16, 2019 (Royal Assent).

  Sections 19.06 to 19.09 were enacted by 2023-13-21, effective May 11, 2023 (Royal Assent).

  Part 4.1, Divisions 1 and 2, sections 20.01 to 20.06, was enacted by 2023-13-22, effective May 11, 2023 (Royal Assent).

  Section 22 (3) (part) BEFORE amended by 2008-15-9, effective May 1, 2008 (Royal Assent).

(3)  Without restricting section 21 (2), the director is responsible for

  Section 22 (2) BEFORE amended by 2011-4-8, effective June 2, 2011 (Royal Assent).

(2)  The director may administer and dispose of property or the whole or a portion of an interest in property under this Act in accordance with the orders of the court and the regulations.

  Section 22 BEFORE amended by 2023-13-23, effective May 11, 2023 (Royal Assent).

Powers, functions and duties of director

22   (1) In this section, "public body" means public body as defined in the Freedom of Information and Protection of Privacy Act.

(2) The director may administer and dispose of property or the whole or a portion of an interest in property under this Act in accordance with the orders of the court, this Act and the regulations.

(3) Without restricting section 21 (2), the director's powers, duties and functions include

(a) collecting and managing the use and disclosure of information and maintaining records for the purposes of this Act and, on the basis of information collected, determining if proceedings should be commenced under this Act,

(b) commencing and conducting proceedings under this Act, and

(c) managing the distribution of proceeds from property, an interest in property or a portion of an interest in property forfeited to the government under this Act.

(4) Subject to the regulations, the director may enter into information-sharing agreements that are reasonably required by the director in order to exercise his or her powers or perform his or her functions and duties under this Act with the following:

(a) Canada, a province or another jurisdiction in or outside of Canada;

(b) a public body.

(5) Subject to the regulations, the director is entitled to information that is

(a) in the custody or control of a public body prescribed by the Lieutenant Governor in Council, and

(b) reasonably required by the director in order to exercise his or her powers or perform his or her functions and duties under this Act.

(6) A public body that has custody or control of information to which the director is entitled under subsection (5) must, on request, disclose that information to the director.

(7) This section applies despite any other enactment, but is subject to a claim of privilege based on a solicitor-client relationship.

  Section 22.002 was enacted by 2023-13-25, effective May 11, 2023 (Royal Assent).

  Section 22.01 was renumbered from section 22.1 by 2019-12-15, effective May 16, 2019 (Royal Assent).

  Section 22.01 (3) BEFORE amended by 2023-13-26, effective May 11, 2023 (Royal Assent).

(3) Subsection (1) does not operate to prohibit a proceeding that is commenced or maintained under section 14.11 or a legal proceeding for damages that is commenced or maintained by an uninvolved interest holder as defined in section 12.

  Section 22.02 (2) (a) BEFORE amended by 2023-13-27, effective May 11, 2023 (Royal Assent).

(a) the director has reason to believe that

(i) the whole or a portion of an interest in property is proceeds of unlawful activity, or

(ii) property is an instrument of unlawful activity;

  Part 5, Division 1.1, sections 22.02 and 22.03, was enacted by 2019-12-16, effective May 16, 2019 (Royal Assent).

  Section 22.1 was enacted and added to Division 1 of Part 5 by 2008-15-10, effective May 1, 2008 (Royal Assent).

  Section 22.1 (3) BEFORE amended by 2011-4-9, effective June 2, 2011 (Royal Assent).

(3)  Subsection (1) does not operate to prohibit a legal proceeding for damages that is commenced or maintained by an uninvolved interest holder as defined in section 12.

  Section 22.1 was renumbered as section 22.01 by 2019-12-15, effective May 16, 2019 (Royal Assent).

  Section 23.01 was renumbered from section 23.1 by 2019-12-17, effective May 16, 2019 (Royal Assent).

  Section 23.01 (1), (2) and (4) BEFORE amended by 2023-13-29, effective May 11, 2023 (Royal Assent).

(1) In this section:

"court" means the Provincial Court, the Supreme Court or the Court of Appeal;

"public body" means any of the following:

(a) an entity with which the director has an information-sharing agreement under section 22 (4);

(b) a public body referred to in section 22 (5).

(2) If the director intends to commence proceedings under section 3 in relation to personal property that is in the possession of a public body, the director may serve notice of that intent on the public body.

(4) If notice is served on a public body under subsection (2),

(a) the director must, within 30 days after the notice is served,

(i) commence proceedings under section 3 in relation to the personal property, or

(ii) withdraw notice of the intent to commence proceedings, and

(b) the public body is entitled to maintain possession of the personal property, despite any other claim of an interest or right of possession in the property, until the earlier of the following:

(i) 30 days after the notice is served;

(ii) the date on which notice is withdrawn under paragraph (a) (ii) of this subsection.

  Part 5, Division 4, sections 23.02 to 23.07, was enacted by 2023-13-30, effective May 11, 2023 (Royal Assent).

  Section 23.1, Division 3 was enacted and added to Part 5 by 2010-21-178, effective June 3, 2010 (Royal Assent).

  Section 23.1 (6) was added by 2011-4-10, effective June 2, 2011 (Royal Assent).

  Section 23.1 was renumbered as section 23.01 by 2019-12-17, effective May 16, 2019 (Royal Assent).

  Section 26 (c) was added by 2008-15-11, effective May 1, 2008 (Royal Assent).

  Section 27 (2) BEFORE amended by BC Reg 346/2006 under RS1996-440-12, effective December 4, 2004 (BC Reg 346/2006).

(2)  The director may make payments out of the civil forfeiture account for purposes referred to in subsections (1) (b) to (e), only with the approval of the Minister of Finance.

  Section 27 (2) BEFORE amended by 2008-15-12, effective May 1, 2008 (Royal Assent).

(2)  The director may make payments out of the civil forfeiture account for purposes referred to in subsection (1) (b) to (e), only with the approval of the Minister of Finance.

  Section 27 (1) (d) BEFORE amended by 2011-4-11, effective June 2, 2011 (Royal Assent).

(d) administration of the Act;

  Section 27 (1) (d.1) was added by 2011-4-11, effective June 2, 2011 (Royal Assent).

  Section 27 (1) BEFORE amended by 2023-13-32, effective May 11, 2023 (Royal Assent).

(1) Subject to this Act and the regulations, the director may make payments out of the civil forfeiture account for one or more of the following purposes:

(a) compensation of eligible victims;

(b) prevention of unlawful activities;

(c) remediation of the effect of unlawful activities;

(d) administration of the Act, including, without limitation, any costs related to the preservation, management or disposition of property or the whole or a portion of an interest in property for purposes of this Act;

(d.1) compliance with an order of the court under section 14.11 (8);

(e) other prescribed purposes.

  Section 30 (a) BEFORE amended by 2016-5-44,Sch 6, effective March 10, 2016 (Royal Assent).

(a) pay an eligible victim in one or more installments;

  Section 35 BEFORE amended by 2010-6-27, effective July 1, 2010.

 Limitation period

35  The time limit for commencing an action or an originating application under this Act is 10 years from the date on which the unlawful activity occurred.

  Section 35 BEFORE re-enacted by 2011-4-12, effective June 2, 2011 (Royal Assent).

 Limitation period

35  The time limit for commencing an action, a petition proceeding or a requisition proceeding under this Act is 10 years from the date on which the unlawful activity occurred.

  Section 35 (1) BEFORE amended by 2023-13-33, effective May 11, 2023 (Royal Assent).

(1) The time limit for the director commencing an action, a petition proceeding or a requisition proceeding under this Act is 10 years from the date on which the unlawful activity occurred.

  Section 35.1 was enacted by 2023-13-34, effective May 11, 2023 (Royal Assent).

  Section 38 (2) (e.1) was added by 2011-4-13(a), effective June 2, 2011 (Royal Assent).

  Section 38 (2) (f) BEFORE amended by 2011-4-13(b), effective June 2, 2011 (Royal Assent).

(f) respecting the registration under the Personal Property Security Act of a notice under section 23 (2) of this Act, and the legal effect of that registration;

  Section 38 (2) (f.1), (k.1) and (m.1) were added by 2019-12-18, effective May 16, 2019 (Royal Assent).

  Section 38 BEFORE amended by 2023-13-35, effective May 11, 2023 (Royal Assent).

Regulations

38   (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) governing the giving of notice of proceedings under this Act, including service of notice and deemed service of notice and setting out the persons or classes of persons who are to be notified;

(b) respecting compensation of eligible victims under this Act, including the application for and the information in support of an application for compensation under this Act;

(c) respecting circumstances when no payment of compensation may be made to an eligible victim or a category of eligible victims;

(d) respecting the process for adjudication of an application for compensation and the factors to be considered in determining the amount, if any, of compensation to be awarded to an eligible victim;

(e) establishing circumstances when an amount is required to be deducted or set off from an amount that is to be paid under this Act to an eligible victim;

(e.1) prescribing information for the purposes of section 14.04 (4) (d) [notice of forfeiture under Part 3.1];

(f) respecting the registration under the Personal Property Security Act of a notice under section 14.04 (1) (a) or 23 (2) of this Act, and the legal effect of that registration;

(f.1) prescribing equipment, devices or other things for the purposes of section 19.04 (2) (c) [instrument of unlawful activity — motor vehicle, trailer, vessel, aircraft or other conveyance];

(g) respecting the disposition of

(i) a property forfeited or a property in which an interest in property or a portion of an interest in property is forfeited, or

(ii) an interest in property or a portion of an interest in property that is forfeited;

(h) respecting the civil forfeiture account and payments from that account;

(i) defining a word or expression used but not otherwise defined in this Act;

(j) prescribing fees that are to be paid under this Act;

(k) prescribing forms for the purposes of this Act;

(k.1) prescribing classes of persons for the purposes of paragraph (c) of the definition of "peace officer" in section 19.05 (1) [instrument of unlawful activity — refusing to stop or fleeing from police];

(l) establishing circumstances in which the director may enter into an agreement referred to in section 22 (4);

(m) establishing preconditions to the director being entitled to information under section 22 (5) from a public body or class of public body, or to a type of information;

(m.1) prescribing classes of persons or entities for the purposes of paragraph (c) of the definition of "financial institution" in section 22.02 (1) [notice to produce information];

(n) establishing one or more methods or formulas for determining the interest or portion of an interest in property that is equivalent in value for the purpose of the definition of "proceeds of unlawful activity";

(o) determining net proceeds for the purposes of section 29 (2), including the establishment of one or more methods of calculating net proceeds.

(3) In making regulations under this section, the Lieutenant Governor in Council may do one or more of the following:

(a) make different regulations for different circumstances or classes of persons, property or unlawful activities;

(b) delegate a matter to a person;

(c) confer a discretion on a person.