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Proceeds of Crime (Money Laundering) and Terrorist Financing Act

Version of section 32 from 2005-12-12 to 2007-02-09:

Marginal note:Interest as owner

  •  (1) If currency or monetary instruments have been seized as forfeit under this Part, any person, other than the person in whose possession the currency or monetary instruments were when seized, who claims an interest in the currency or monetary instruments as owner may, within 90 days after the seizure, apply by notice in writing to the court for an order under section 33.

  • Marginal note:Date of hearing

    (2) A judge of the court to which an application is made under this section shall fix a day, not less than 30 days after the date of the filing of the application, for the hearing.

  • Marginal note:Notice to President

    (3) A person who makes an application under this section shall serve notice of the application and of the hearing on the President, or an officer designated by the President for the purpose of this section, not later than 15 days after a day is fixed under subsection (2) for the hearing of the application.

  • Marginal note:Service of notice

    (4) The service of a notice under subsection (3) is sufficient if it is sent by registered mail addressed to the President.

  • Definition of court

    (5) In this section and sections 33 and 34, court means

    • (a) in the Province of Ontario, the Superior Court of Justice;

    • (b) in the Province of Quebec, the Superior Court;

    • (c) in the Provinces of Nova Scotia and British Columbia, the Yukon Territory and the Northwest Territories, the Supreme Court;

    • (d) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench;

    • (e) in the Provinces of Prince Edward Island and Newfoundland, the Trial Division of the Supreme Court; and

    • (f) in Nunavut, the Nunavut Court of Justice.

  • 2000, c. 17, s. 32
  • 2001, c. 41, s. 63
  • 2005, c. 38, s. 127

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