Criminal Code

Marginal note:Order for restitution or forfeiture of property obtained by crime

• 491.1 (1) Where an accused or defendant is tried for an offence and the court determines that an offence has been committed, whether or not the accused has been convicted or discharged under section 730 of the offence, and at the time of the trial any property obtained by the commission of the offence

  • (a) is before the court or has been detained so that it can be immediately dealt with, and

  • (b) will not be required as evidence in any other proceedings,

  section 490 does not apply in respect of the property and the court shall make an order under subsection (2) in respect of the property.

• Marginal note:Idem

  (2) In the circumstances referred to in subsection (1), the court shall order, in respect of any property,

  • (a) if the lawful owner or person lawfully entitled to possession of the property is known, that it be returned to that person; and

  • (b) if the lawful owner or person lawfully entitled to possession of the property is not known, that it be forfeited to Her Majesty, to be disposed of as the Attorney General directs or otherwise dealt with in accordance with the law.

• Marginal note:When certain orders not to be made

  (3) An order shall not be made under subsection (2)

  • (a) in the case of proceedings against a trustee, banker, merchant, attorney, factor, broker or other agent entrusted with the possession of goods or documents of title to goods, for an offence under section 330, 331, 332 or 336; or

  • (b) in respect of

    • (i) property to which a person acting in good faith and without notice has acquired lawful title for valuable consideration,

    • (ii) a valuable security that has been paid or discharged in good faith by a person who was liable to pay or discharge it,

    • (iii) a negotiable instrument that has, in good faith, been taken or received by transfer or delivery for valuable consideration by a person who had no notice and no reasonable cause to suspect that an offence had been committed, or

    • (iv) property in respect of which there is a dispute as to ownership or right of possession by claimants other than the accused or defendant.

• Marginal note:By whom order executed

  (4) An order made under this section shall, on the direction of the court, be executed by the peace officers by whom the process of the court is ordinarily executed.