BILL NO. 14
(as passed, with amendments)
2nd Session, 60th General Assembly
56 Elizabeth II, 2007
Assets Management and Disposition ActCHAPTER 26 OF THE ACTS OF 2007
The Honourable Cecil P. Clarke
Minister of Justice
First Reading: November 23, 2007 (LINK TO BILL AS INTRODUCED)
Second Reading: November 30, 2007
Third Reading: December 13, 2007 (WITH COMMITTEE AMENDMENTS)
Royal Assent: December 13, 2007
Be it enacted by the Governor and Assembly as follows:
(a) taking control of and managing or otherwise dealing with property that is subject to a management order obtained by the Attorney General under section 83.13, 462.331 or 490.81 of the Criminal Code (Canada);
(b) administering and managing property that is the subject of a restraining order obtained by the Attorney General under section 462.33 or 490.8 of the Criminal Code (Canada) or an interim preservation order, protection order or other order made under the Civil Forfeiture Act;
(c) preserving, managing, selling or otherwise disposing of or dealing with property forfeited to the Her Majesty in right of the Province under section 83.14, 199, 462.37, 462.38, 462.43, 490, 490.01, 490.1, 490.2 or 490.1 of the Criminal Code (Canada) or the Civil Forfeiture Act; and
(d) taking control of, preserving, managing, selling or otherwise disposing of or dealing with any other property that is forfeited to Her Majesty in right of the Province under a prescribed provision of the Criminal Code (Canada) or the Civil Forfeiture Act.
(2) The Manager of Assets may preserve, manage, sell or otherwise dispose of or deal with any property described in clause 1(1)(c) or (d) that is not money in any manner that the Manager considers proper.
3 There is established a special account called the Forfeiture Account, which consists of money paid into the account under Section 4 and which shall not be part of the Consolidated Fund of the Province.
(b) proceeds resulting from the disposition of property or the whole or a portion of an interest in property forfeited to Her Majesty in right of the Province under the Criminal Code (Canada) or Civil Forfeiture Act.
(2) The Manager of Assets shall, within thirty days of the end of each fiscal year of the Province, present a report to the Minister of Justice concerning the amounts paid into the Forfeiture Account during the year under Section 4 and the amounts and purposes of payments out of the Forfeiture Account during the year under subsection 5(1), and the Minister of Justice shall cause the report to be laid before the House of Assembly within thirty sitting days after the receipt thereof, or, if the House of Assembly is not then sitting, on any of the first thirty days next thereafter that the House is sitting.
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