Cannabis Act — C-24.5 99
Application of claimants 99 (1) If any property is forfeited to Her Majesty under an order made under subsection 94 (1) or 95 (2), any person that claims an interest in or right to the property, other than any of the following persons, may, within 30 days after the forfeiture, apply by notice in writing to a judge for an order under subsection (4): (a) in the case of property forfeited under an order made under subsection 94 (1), a person that was convicted or discharged under section 730 of the Criminal Code of the designated offence in relation to which the property was forfeited; (b) in the case of property forfeited under an order made under subsection 95 (2), a person that was charged with the designated offence in relation to which the property was forfeited; or (c) a person that acquired title to, ownership of or a right of possession of the property from a person referred to in paragraph (a) or (b) under circumstances that give rise to a reasonable inference that the title or right was transferred from that person for the purpose of avoiding the forfeiture of the property. Fixing day for hearing (2) The judge to whom the application is made must fix a day that is not less than 30 days after the date of the filing of the application for the hearing of the application. Notice (3) The applicant must serve a notice of the application and of the hearing of it on the Attorney General at least 15 days before the day fixed for the hearing. Order declaring interest or right not affected by forfeiture (4) The judge to whom the application is made may make an order declaring that the interest or right of the applicant is not affected by the forfeiture and declaring the nature and the extent or value of the interest or right if the judge is satisfied that the applicant (a) is not a person referred to in paragraph (1)(a), (b) or (c) and appears innocent of any complicity in any designated offence that resulted in the forfeiture of the property or of any collusion in relation to such an offence; and (b) exercised all reasonable care to be satisfied that the property was not likely to have been used in connection with the commission of an unlawful act by (i) the person that was permitted by the applicant to obtain possession of the property or from which the applicant obtained possession, (ii) the mortgagor or hypothecary debtor, if the applicant is a mortgagee or hypothecary creditor, (iii) the person that is subject to the charge, if the applicant is a chargee, (iv) the person that is subject to the prior claim, if the applicant is the holder of a prior claim, (v) the person that is subject to the lien, if the applicant is a lienholder, or (vi) the giver of a security interest, if the applicant is the creditor in relation to the security interest. Appeal — subsection (4) (5) An applicant or the Attorney General may appeal to the court of appeal from an order made under subsection (4), and the provisions of Part XXI of the Criminal Code with respect to procedure on appeals apply, with any necessary modifications, in respect of appeals under this subsection. Return of property (6) The Minister must, on application made to the Minister by any person in respect of which a judge has made an order under subsection (4), and if the periods with respect to the taking of appeals from that order have expired or any appeal from that order taken under subsection (5) has been determined, direct that (a) the property, or the part of it to which the interest or right of the applicant relates, be returned to the applicant; or (b) an amount equal to the value of the interest or right of the applicant, as declared in the order, be paid to the applicant.