Criminal Code

Marginal note:Application for restraint order

• 490.8 (1) The Attorney General may make an application in accordance with this section for a restraint order under this section in respect of any offence-related property.

• Marginal note:Procedure

  (2) An application made under subsection (1) for a restraint order in respect of any offence-related property may be made ex parte and shall be made in writing to a judge and be accompanied by an affidavit sworn on the information and belief of the Attorney General or any other person deposing to the following matters:

  • (a) the indictable offence to which the offence-related property relates;

  • (b) the person who is believed to be in possession of the offence-related property; and

  • (c) a description of the offence-related property.

• Marginal note:Restraint order

  (3) Where an application for a restraint order is made to a judge under subsection (1), the judge may, if satisfied that there are reasonable grounds to believe that the property is offence-related property, make a restraint order prohibiting any person from disposing of, or otherwise dealing with any interest in, the offence-related property specified in the order otherwise than in the manner that may be specified in the order.

• Marginal note:Property outside Canada

  (3.1) A restraint order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.

• Marginal note:Conditions

  (4) A restraint order made by a judge under this section may be subject to any reasonable conditions that the judge thinks fit.

• Marginal note:Order in writing

  (5) A restraint order made under this section shall be made in writing.

• Marginal note:Service of order

  (6) A copy of a restraint order made under this section shall be served on the person to whom the order is addressed in any manner that the judge making the order directs or in accordance with the rules of the court.

• Marginal note:Registration of order

  (7) A copy of a restraint order made under this section shall be registered against any property in accordance with the laws of the province in which the property is situated.

• Marginal note:Order continues in force

  (8) A restraint order made under this section remains in effect until

  • (a) an order is made under subsection 490(9) or (11), 490.4(3) or 490.41(3) in relation to the property; or

  • (b) an order of forfeiture of the property is made under section 490 or subsection 490.1(1) or 490.2(2).

• Marginal note:Offence

  (9) Any person on whom a restraint order made under this section is served in accordance with this section and who, while the order is in force, acts in contravention of or fails to comply with the order is guilty of

  • (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

  • (b) an offence punishable on summary conviction.