Cannabis Act — C-24.5 93
Management order 93 (1) On application of the Attorney General or of any other person with the written consent of the Attorney General, a justice in the case of non-chemical offence-related property seized under section 87 of this Act, the Criminal Code or a power of seizure at common law, or a judge in the case of property restrained under section 91 , may, if he or she is of the opinion that the circumstances so require, (a) appoint a person to take control of and to manage or otherwise deal with all or part of the property in accordance with the directions of the judge or justice; and (b) require any person having possession of that property to give possession of the property to the person appointed under paragraph (a). Appointment of Minister of Public Works and Government Services (2) If the Attorney General of Canada so requests, a judge or justice appointing a person under subsection (1) must appoint the Minister of Public Works and Government Services. Power to manage (3) The power to manage or otherwise deal with property under subsection (1) includes (a) the power to make an interlocutory sale of perishable or rapidly depreciating property; (b) the power to destroy, in accordance with subsections (4) to (7), property that has little or no value; and (c) the power to have property — other than real property or immovables or a conveyance — forfeited to Her Majesty in accordance with subsection (8). Application for destruction order (4) Before a person that is appointed to manage property destroys property that has little or no value, they must apply to a court for a destruction order. Notice (5) Before making a destruction order, a court must require notice in accordance with subsection (6) to be given to, and may hear, any person that, in the opinion of the court, appears to have a valid interest in or right to the property. Manner of giving notice (6) The notice must (a) be given in the manner that the court directs or that may be specified in the rules of the court; and (b) specify the effective period of the notice that the court considers reasonable or that may be set out in the rules of the court. Destruction order (7) A court must order that the property be destroyed if it is satisfied that the property has little or no financial or other value. Forfeiture order (8) On application by a person that is appointed to manage the property, a court must order that the property — other than real property or immovables or a conveyance — be forfeited to Her Majesty to be disposed of or otherwise dealt with in accordance with the law if (a) a notice is given or published in the manner that the court directs or that may be specified in the rules of the court; (b) the notice specifies a period of 60 days during which a person may make an application to the court asserting their interest in or right to the property; and (c) during that period, no one makes such an application. For greater certainty (9) For greater certainty, if property that is the subject of a management order is sold, the management order applies to the net proceeds of the sale. Application to vary conditions (10) The Attorney General may at any time apply to the judge or justice to cancel or vary any condition to which a management order is subject but may not apply to vary an appointment made under subsection (2). When management order ceases to have effect (11) A management order ceases to have effect when the property that is the subject of the management order is returned in accordance with the law, destroyed or forfeited to Her Majesty.