Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law)

In force

This text since 23 Jun 2022law://ca/sc/2017/21/sec_4.2@2026-11-12

Contents

4.2Forfeiture#

(1)On application by the Minister, a judge must order that the property that is the subject of the application be forfeited to Her Majesty in right of Canada if the judge determines, based on the evidence presented, that the property

(a)is described in an order made under paragraph 4(1)(b); and

(b)is owned by the foreign national referred to in that order or is held or controlled, directly or indirectly, by that foreign national.

(2)Before making the order in relation to the property, the court must require notice to be given to any person who, in the court’s opinion, appears to have an interest in or right to the property, and the court may hear any such person.

(3)The notice must

(a)be given in the manner that the court directs or that may be specified in the rules of the court;

(b)specify the period that the court considers reasonable or that may be set out in the rules of the court during which a person may, before the order in relation to the property is made, make an application to the court asserting their interest in or right to the property; and

(c)set out a description of the property.

(4)Any person — other than a foreign national described in any of paragraphs 4(2)(a) to (d) — who claims an interest in or right to property that is forfeited to Her Majesty under subsection (1) may, within 30 days after the day on which the property is forfeited, apply in writing to a judge for an order declaring that their interest or right is not affected by the forfeiture, declaring the nature and extent of the interest or right and directing the Minister to pay to the person an amount equal to the value of their interest or right.

^note

Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.

Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law)

4.2Forfeiture#

Defined terms · 10

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4.2Forfeiture#