1993 Legislative Session: 2nd Session, 35th Parliament
FIRST READING


The following electronic version is for informational purposes only.
The printed version remains the official version.


HONOURABLE COLIN GABELMANN
ATTORNEY GENERAL

BILL 47 -- 1993

SPECIAL ACCOUNTS APPROPRIATION AND CONTROL AMENDMENT ACT, 1993

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 Section 9.1 of the Special Accounts Appropriation and Control Act, S.B.C. 1988, c. 26, is repealed and the following substituted:

Forfeited Crime Proceeds Fund

9.1 (1) In this section "proceeds of crime" means property, benefit or advantage that

(a) falls within the definition of "proceeds of crime" in the Criminal Code, or

(b) is obtained or derived directly or indirectly as a result of an act or omission that, in the jurisdiction in which it occurs, constitutes an offence.

(2) The Minister of Finance and Corporate Relations may establish a special account in the consolidated revenue fund to be known as the Forfeited Crime Proceeds Fund.

(3) The special account established under subsection (2) shall consist of the money paid into the account by the Attorney General under subsections (4) and (6).

(4) The Attorney General shall pay the following into the special account:

(a) any money provided to the Attorney General or the government as proceeds of crime by or on behalf of

(i) the government of Canada, or

(ii) the government of a jurisdiction referred to in subsection (1) (b);

(b) any money provided to the Attorney General or the government that was paid as a fine under

(i) section 462.37 (3) of the Criminal Code,

(ii) any similar provision in any other federal Act, or

(iii) any similar provision of the laws of a jurisdiction outside of Canada;

(c) any money forfeited under section 490 (9) of the Criminal Code and provided to the Attorney General.

(5) The Attorney General may do one or more of the following in any way the Attorney General considers appropriate:

(a) dispose of any proceeds of crime other than money that is

(i) forfeited to the government, or

(ii) forfeited to any other government and provided to the Attorney General;

(b) dispose of any property other than money that is under section 490 (9) of the Criminal Code

(i) forfeited to the government, or

(ii) forfeited to the government of Canada and provided to the Attorney General.

(6) The Attorney General shall pay into the special account the proceeds of a disposition referred to in subsection (5) (a) or (b).

(7) The Attorney General may, for the purpose of facilitating the administration of criminal justice and law enforcement in the Province and with the approval of the Minister of Finance and Corporate Relations, make payments out of the special account in any way the Attorney General considers appropriate.

(8) The cumulative total of amounts paid out of the special account under subsection (7) shall not exceed the cumulative total of money paid into the special account under subsections (4) and (6).

Commencement

2 This Act comes into force by regulation of the Lieutenant Governor in Council.

 
Explanatory Note

SECTION 1:


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