B.C. Reg. 164/2006
O.C. 414/2006
Deposited June 14, 2006

Civil Forfeiture Act

Civil Forfeiture Regulation

Note: Check the Cumulative Regulation Bulletin 2014
for any non-consolidated amendments to this regulation that may be in effect.

[includes amendments up to B.C. Reg. 140/2010, July 1, 2010]

Point in Time

Contents
 1 Definitions
Part 1 — Proceeds of Unlawful Activity
 2 Determination of equivalent value if increase in value
 3 Equivalent value if decrease in debt obligation
Part 2 — Notice of Proceedings
 4 Notification of proceedings
 5 Prescribed form of notices
 6 Manner of notification of proceedings
Part 3 — Filing or Registering Notice
 7 Manner of filing or registering
 8 Section 22 (5)
Part 4 — Distribution of Proceeds from the Civil Forfeiture Account
 9 Payment out of the civil forfeiture account
 10 Determination of net proceeds
 11 Prorating payments
Schedule

Definitions

1  In this regulation, "Act" means the Civil Forfeiture Act.

Part 1 — Proceeds of Unlawful Activity

Determination of equivalent value if increase in value

2  (1) The purpose of this section is to determine the interest in property that is equivalent in value to an increase in value of the whole or a portion of an interest in property for the purpose of paragraph (b) of the definition of "proceeds of unlawful activity" in the Act.

(2) If the value of the whole or a portion of an interest in property is increased directly or indirectly as a result of unlawful activity, the interest in property that is equivalent in value to this increase is determined in accordance with the following formula:

    B
A =
    C
where
A = the whole or the portion of the interest in property that is equivalent in value,
B = the dollar value of a payment or other benefit that increases or causes an increase in the value of the whole or portion of an interest in property, and
C = the fair market value of the property in respect of which a payment or benefit referred to in the numerator was made or given on the date the payment is made or benefit is given.

(3) In this section, "fair market value" includes the increase in value resulting from the payment or benefit referred to in the definition of C in subsection (2).

(4) If 2 or more payments or 2 or more benefits referred to in subsection (2) increase the value of the whole or a portion of an interest in property, the whole or portion of the interest in property that is proceeds is the sum of each product calculated under subsection (2).

Equivalent value if decrease in debt obligation

3  (1) The purpose of this section is to determine the interest in property that is equivalent in value to a decrease in a debt obligation that is secured against the whole or a portion of an interest in property for the purpose of paragraph (c) of the definition of "proceeds of unlawful activity" in the Act.

(2) If a debt obligation secured against the whole or a portion of an interest in property is decreased directly or indirectly as a result of unlawful activity, the interest in property that is equivalent in value is determined in accordance with the following formula:

    B
A =
    C
where
A = the whole or the portion of the interest in property that is equivalent in value,
B = the dollar value of a payment that decreases a debt obligation secured against the whole or a portion of an interest in property, whether or not the payment reduces the principal, interest, or principal and interest of the debt obligation, and
C = the fair market value of the property, against which the debt obligation referred to in the numerator is secured, on the date the payment decreases that debt obligation.

(3) If 2 or more payments reduce a debt obligation referred to in subsection (2), the whole or portion of the interest in property secured by the debt obligation that is proceeds is the sum of each product calculated under subsection (2).

Part 2 — Notice of Proceedings

Notification of proceedings

4  (1) The director must notify a person who holds a registered interest in property if proceedings commenced under section 3 (1) or (2) of the Act might result in the forfeiture of the whole or a portion of an interest in the property, whether or not the registered interest is the subject of an application for forfeiture.

(2) Subsection (1) does not apply to a person who holds a right of way, statutory right of way or easement.

Prescribed form of notices

5  (1) For the purpose of section 23 (1) of the Act, the prescribed form of notice is Form 1 set out in the Schedule to this regulation.

(2) For the purpose of sections 4 and 23 (2) of the Act, the prescribed form of notice is Form 2 set out in the Schedule to this regulation.

(3) The form of cancellation of a notice referred to in section 23 (3) of the Act is the form set out as Form 3 in the Schedule to this regulation.

[am. B.C. Reg. 252/2007, s. 1.]

Manner of notification of proceedings

6  The director must notify a person referred to in section 4 of this regulation by delivering to the most recent address shown in the land title office or the personal property registry, as the case may be, a completed Form 2 set out in the Schedule in accordance with Rules 4-2 (2) and (4) to (7), 4-6 (1) and 4-7 (1) of the Supreme Court Civil Rules, B.C. Reg. 168/2009.

[am. B.C. Reg. 140/2010.]

Part 3 — Filing or Registering Notice

Manner of filing or registering

7  (1) For the purposes of section 23 (1) of the Act, the director may file Form 1 set out in the Schedule to this regulation in a land title office in the same manner as a certificate of pending litigation.

(2) For the purposes of section 23 (2) of the Act, the director may register in the personal property registry a notice that an interest is claimed over personal property in the same manner as a notice that is filed claiming a security interest over personal property.

Section 22 (5)

8  (1) For the purposes of section 22 (5) of the Act, the following are prescribed public bodies:

(a) Ministry of the Environment;

(b) Ministry of Finance;

(c) Insurance Corporation of British Columbia;

(d) Financial Institutions Commission.

(2) It is a precondition to the director's entitlement to information from a public body under section 22 (5) of the Act that the person from whom the director has requested the information reasonably believes that the information is not covered by an agreement with a third party under which the information is required to be kept confidential.

[en. B.C. Reg. 252/2007, s. 2; am. B.C. Regs. 18/2008; 4/2010, s. 3.]

Part 4 — Distribution of Proceeds from the Civil Forfeiture Account

Payment out of the civil forfeiture account

9  (1) In subsection (2), "government" means any of the following:

(a) the government of Canada;

(b) the government of a province;

(c) the government of another country or a state or city in another country

and includes an agent of a government referred to in paragraphs (a) to (c).

(2) In addition to the purposes set out in section 27 (1) (a) to (d) of the Act, the director may make payments out of the civil forfeiture account for the purpose of compensating a government that provided support to the director or co-operated with the director in the forfeiture of property or an interest in property under this Act.

(3) An eligible victim who suffered pecuniary loss as a direct result of unlawful activity that resulted in forfeiture may apply for compensation from the civil forfeiture account by filing with the director, a completed form 4 set out in the Schedule within the period specified in the notice published by the director for payment of compensation from that forfeiture.

(4) Before the director makes a payment out of the civil forfeiture account with respect to property or an interest in property that has been forfeited, the director must publish a notice specifying that a person may file an application for payment of compensation with respect to that forfeiture.

(5) The notice referred to in subsection (4) must specify a period for filing an application that is not fewer than 3 months nor more than 9 months from the date of publication of the notice, or of the first notice, as the case may.

[en. B.C. Reg. 252/2007, s. 3.]

Determination of net proceeds

10  For the purposes of the Act and this regulation, net proceeds is the amount of money resulting from the disposition of property or the whole or portion of an interest in property forfeited under this Act, after subtracting the following costs incurred by the director in proceeding under this Act with respect to that forfeited property or interest in property:

(a) the amount of legal costs that remains after deducting any party and party legal costs awarded to or agreed to by the director with respect to proceedings for the forfeiture of property or an interest in property from the legal costs incurred by or on behalf of the director in relation to that forfeiture or the distribution of compensation resulting from that forfeiture;

(b) the management and administrative costs related to holding and administering the forfeited property or interest in property before sale or disposition;

(c) the costs related to the sale or disposition of the forfeited property or interest in property.

[en. B.C. Reg. 252/2007, s. 3.]

Prorating payments

11  (1) The director may prorate payments among eligible victims who have applied for compensation, if the net proceeds in the civil forfeiture account that are attributable to a forfeiture of property or an interest in property are less than the total pecuniary loss suffered by the eligible victims as a direct result of the unlawful activity that resulted in that forfeiture.

(2) The payment made to each eligible victim must be determined in accordance with the following formula:

where

Pro rated payment = [(A x B) ÷ C]
where
A  =  the net proceeds in the civil forfeiture account that are attributable to a forfeiture of property or an interest in property;
B  =  The pecuniary loss suffered by an eligible victim that resulted in the forfeiture of that property or interest in property, excluding interest on that pecuniary loss;
C  =  The total pecuniary loss suffered by all eligible victims that resulted in the forfeiture of that property or interest in property, excluding interest on that pecuniary loss.

[en. B.C. Reg. 252/2007, s. 3.]

Schedule

[am. B.C. Reg. 252/2007, s. 4.]

Form 1

(section 23 (1) of the Civil Forfeiture Act)

NATURE OF INTEREST: CHARGE

NOTICE OF COMMENCEMENT OF PROCEEDINGS

HEREWITH FEE OF

LEGAL DESCRIPTION AND PARCEL IDENTIFIER NO.(s):

 

 

 

Address and telephone number of the Director of Civil Forfeiture:

 

 

........................................................................

SIGNATURE OF DIRECTOR, SOLICITOR

OR AUTHORIZED AGENT

No.: …………………………………………..

………………….……………… REGISTRY

In the Supreme Court of British Columbia

BETWEEN:

…………………………………………………………………….

PLAINTIFF/PETITIONER

AND:

…………………………………………………………………….

DEFENDANT/RESPONDENT

CERTIFICATE OF COMMENCEMENT OF PROCEEDINGS

I CERTIFY that in a proceeding commenced in this Court under the Civil Forfeiture Act a claim is made relating to land or an interest or portion of interest in land. The particulars are set out in the attached copy of the document by which the claim is made.

 

 

Given under my hand and the seal of the court at

…………………………………… British Columbia, this ………. day of ....................... , 20…….. .

………………….………… REGISTRAR

Form 2

(sections 4 and 23 (2) of the Civil Forfeiture Act)

No. .............................

.............................. Registry

In the Supreme Court of British Columbia

Between

, Plaintiff/Petitioner

and

, Defendant/Respondent

SECTIONS 4 AND 23 (2) NOTICE OF PROCEEDINGS

TAKE NOTICE that a court proceeding has been commenced under the Civil Forfeiture Act and that the legal ownership of property or an interest or portion of interest in property described below may be affected by the proceedings. Further information regarding this matter, or a copy of the document(s) by which the claim is made, may be obtained from the office of the Director of Civil Forfeiture.

DESCRIPTION OF PROPERTY THAT IS SUBJECT TO THE PROCEEDINGS

Legal Description of real property or interest in real property

(1)



(2)



Description of personal property

(1)



(2)



Address and contact numbers of the Director of Civil Forfeiture







Telephone: Fax:

................................................................................

Signature of Director,

or Solicitor or Authorized Agent

Form 3

(Section 23 of the Civil Forfeiture Act)

NATURE OF INTEREST:

Cancellation of notice of commencement of proceedings

HEREWITH FEE OF:

Legal description and parcel identifier no.(s):

 

 

 

Full name, address and telephone number of person presenting application:

 

 

................................................................................

SIGNATURE OF DIRECTOR, OR

SOLICITOR OR AUTHORIZED AGENT

TAKE NOTICE that the Notice of Commencement of Proceedings filed in the Land Title Office under No. .........., on the ........ day of .........., 20 …….., against the land described as follows:

[Legal description and parcel identifier no(s)]

 

 

 

is hereby released and discharged.

EXECUTION: This instrument discharges the notice described above and the Director agrees to be bound by this instrument.

 

Officer Signature(s)



.....................................................

Execution Date
Y















M















D















Director Signature



......................................................

Director of Civil Forfeiture

 

OFFICER CERTIFICATION:

Your signature constitutes a representation that you are a solicitor, notary public or other person authorized by the Evidence Act, R.S.B.C. 1996, c. 124, to take affidavits for use in British Columbia and certifies the matters set out in Part 5 of the Land Title Act as they pertain to the execution of this instrument.

Form 4

Application for Compensation from the Civil Forfeiture Account

(Section 23 of the Civil Forfeiture Act)

Section 1: General Information

PLEASE PRINT ALL INFORMATION

1 Amount of Claim

2 Claimant's Name:

     
First Name Last Name (if business) Full Corporate Name
     
Street No, Street Name Suite/Unit No. City Province Postal Code
     
(   )

Telephone No.
(   )

Business No.
(   )

Facsimile No
Email

Address

3 If claimant is under 19, please also include legal guardian's contact information and relationship to claimant

 

 

Section 2: Claims Information

Particulars of Claim: (attach copies of all documents needed to prove your claim such as cancelled cheques, receipts, bank or credit card statements, leases, agreements, etc. Failure to do so may result in your claim being denied without further notice to you).

 

 

 

 

 

(Attach an additional page if necessary)

Section 3: Additional Information

5 Have you received any monies or are you entitled to receive any monies from any source RELATING TO THIS CLAIM?

YES [  ]      OR      NO [  ]

If yes, we need you to tell us how much and from where you will receive or have received this money. Examples of a source relating to this claim are your insurance, another government program like the Crime Victim Assistance Program or the Workers Compensation program or a restitution order made by a court under section 738 or 739 of the Criminal Code.

 

 

 

 

 

(Attach an additional page if necessary)

6 Was a police report filed or a court action started RELATING TO THIS CLAIM?

YES [  ]      OR      NO [  ]

If yes, we need you to attach a copy of the police report or the court documents to this claim. If no documents are attached, explain why not.)

 

 

 

 

 

(Attach an additional page if necessary)

7 Other than being a victim and entitled to file a claim, do you have any connection with the persons responsible for or connected to the unlawful activity that resulted in the forfeiture proceeding? (For example, are you a relative or did you have any role in the unlawful activity giving rise to the forfeiture?).

YES [  ]      OR      NO [  ]

(If yes, please provide details.)

 

 

 

 

 

(Attach an additional page if necessary)

8 Declaration of Claimant/Guardian:

I certify that:

A. The information contained in this application or submitted in support of this application is true and if there is any change to the information after I have submitted this application I will contact the Director of Civil Forfeiture, Ministry of Public Safety and Solicitor General, immediately.

B. I am aware and agree that the information contained in this application or submitted in support of this application will be used for assessment of claim, for determining eligibility and for statistical reporting.

C. I am aware that false or incomplete information or failure to notify the Director of Civil Forfeiture, Ministry of Public Safety and Solicitor General, of any change in the information contained in this application or submitted in support of this application may result in the denial of the claim or liability for repayment.

D. I am aware and agree that the information contained in this application or submitted in support of this application is subject to disclosure under the Freedom of Information and Protection of Privacy Act and the Civil Forfeiture Act.

.......................................................................

Claimant Signature Date
.......................................................................

Guardian Signature Date

(If claimant under age 19)
Print Name:







Print Name:







[Provisions of the Civil Forfeiture Act, S.B.C. 2005, c. 29, relevant to the enactment of this regulation: sections 22 (5) and 38]