Proceeds of Crime Search Warrant

This page was last substantively updated or reviewed January 2023. (Rev. # 95678)

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General Principles

Special search warrant

462.32 (1) Subject to subsection (3) [other search provisions to apply], if a judge, on application of the Attorney General, is satisfied by information on oath in Form 1 [forms] that there are reasonable grounds to believe that there is in any building, receptacle or place, within the province in which the judge has jurisdiction or any other province, any property in respect of which an order of forfeiture may be made under subsection 462.37(1) [order of forfeiture of proceeds of crime] or (2.01) [order of forfeiture of proceeds of crime – particular circumstances] or 462.38(2) [requirements to order forfeiture], in respect of a designated offence alleged to have been committed within the province in which the judge has jurisdiction, the judge may issue a warrant authorizing a person named in the warrant or a peace officer to search the building, receptacle or place for that property and to seize that property and any other property in respect of which that person or peace officer believes, on reasonable grounds, that an order of forfeiture may be made under that subsection.

Procedure

(2) An application for a warrant under subsection (1) [authorization re seizure of proceeds of crime] may be made ex parte, shall be made in writing and shall include a statement as to whether any previous applications have been made under subsection (1) [authorization re seizure of proceeds of crime] with respect to the property that is the subject of the application.

Execution in Canada

(2.1) A warrant issued under subsection (1) [authorization re seizure of proceeds of crime] may be executed at any place in Canada. Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed.

(2.2) [Repealed, 2019, c. 25, s. 180]

Other provisions to apply

(3) Subsections 487(2.1) to (3) [territorial search warrants – assistance orders] and section 488 [execution of territorial search or general warrant] apply, with any modifications that the circumstances require, to a warrant issued under this section.

Detention and record of property seized

(4) Every person who executes a warrant issued by a judge under this section shall

(a) during that execution, give the following to any person who is present and ostensibly in control of the building, receptacle or place to be searched or, in the absence of any such person, affix the following in a prominent location within the building or place or on or next to the receptacle:

(i) a copy of the warrant, and

(ii) a notice in Form 5.1 [forms] setting out the address of the court from which a copy of the report on the property seized may be obtained;

(a.1) detain or cause to be detained the property seized, taking reasonable care to ensure that the property is preserved so that it may be dealt with in accordance with the law;

(b) as soon as practicable after the execution of the warrant but within a period not exceeding seven days thereafter, prepare a report in Form 5.3 [forms], identifying the property seized and the location where the property is being detained, and cause the report to be filed with the clerk of the court; and

(c) cause a copy of the report to be provided, on request, to the person from whom the property was seized and to any other person who, in the opinion of the judge, appears to have a valid interest in the property.

Return of proceeds

(4.1) Subject to this or any other Act of Parliament, a peace officer who has seized anything under a warrant issued by a judge under this section may, with the written consent of the Attorney General, on being issued a receipt for it, return the thing seized to the person lawfully entitled to its possession, if

(a) the peace officer is satisfied that there is no dispute as to who is lawfully entitled to possession of the thing seized;

(b) the peace officer is satisfied that the continued detention of the thing seized is not required for the purpose of forfeiture; and

(c) the thing seized is returned before a report is filed with the clerk of the court under paragraph (4)(b) [record of things seized – filing Form 5.3 w/in 7 days].

Notice

(5) Before issuing a warrant under this section in relation to any property, a judge may require notice to be given to and may hear any person who, in the opinion of the judge, appears to have a valid interest in the property unless the judge is of the opinion that giving such notice before the issuance of the warrant would result in the disappearance, dissipation or reduction in value of the property or otherwise affect the property so that all or a part thereof could not be seized pursuant to the warrant.

Undertakings by Attorney General

(6) Before issuing a warrant under this section, a judge shall require the Attorney General to give such undertakings as the judge considers appropriate with respect to the payment of damages or costs, or both, in relation to the issuance and execution of the warrant.

R.S., 1985, c. 42 (4th Supp.), s. 2; 1997, c. 18, s. 29; 2001, c. 32, s. 14; 2005, c. 44, s. 3; 2017, c. 7, s. 57(F); 2019, c. 25, s. 180; 2022, c. 17, s. 12.
[annotation(s) added]

– CCC (CanLII), (DOJ)

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Expiration of Orders

Expiration of special warrants and restraint orders

462.35 (1) Subject to this section, where property has been seized under a warrant issued pursuant to section 462.32 [search and seizure of proceeds of crime] or a restraint order has been made under section 462.33 [restraint orders against property] in relation to property, the property may be detained or the order may continue in force, as the case may be, for a period not exceeding six months from the seizure or the making of the order, as the case may be.

Where proceedings instituted

(2) The property may continue to be detained, or the order may continue in force, for a period that exceeds six months if proceedings are instituted in respect of which the thing detained may be forfeited.

Where application made

(3) The property may continue to be detained or the order may continue in force for a period or periods that exceed six months if the continuation is, on application made by the Attorney General, ordered by a judge, where the judge is satisfied that the property is required, after the expiration of the period or periods, for the purpose of section 462.37 [order of forfeiture for proceeds of crime] or 462.38 [order of forfeiture for proceeds of crime] or any other provision of this or any other Act of Parliament respecting forfeiture or for the purpose of any investigation or as evidence in any proceeding.
R.S., 1985, c. 42 (4th Supp.), s. 2; 1997, c. 18, s. 33.
[annotation(s) added]

– CCC (CanLII), (DOJ)

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The court retains discretion to refuse to order the continued detention of property despite the Crown complying with s. 462.32 and 462.35.

Forwarding to clerk where accused to stand trial

462.36 Where a judge issues a warrant under section 462.32 [search and seizure of proceeds of crime] or makes a restraint order under section 462.33 [restraint orders against property] in respect of any property, the clerk of the court shall, when an accused is ordered to stand trial for a designated offence, cause to be forwarded to the clerk of the court to which the accused has been ordered to stand trial a copy of the report filed pursuant to paragraph 462.32(4)(b) [record of things seized – filing Form 5.3 w/in 7 days] or of the restraint order in respect of the property.

R.S., 1985, c. 42 (4th Supp.), s. 2; 2001, c. 32, s. 18.
[annotation(s) added]

– CCC (CanLII), (DOJ)

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