Section 1 (2) BEFORE repealed by BC Reg 151/2024, effective June 17, 2024.
(2) For the purpose of paragraph (a) (ii) of the definition of "instrument of unlawful activity" in section 1 (1) of the Act, "was likely to cause serious bodily harm to a person" means there was a real possibility of causing serious bodily harm to a person.
Section 2 (2) BEFORE amended by BC Reg 151/2024, effective June 17, 2024.
(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:
| A = | B 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. | |
Section 3 (2) BEFORE amended by BC Reg 151/2024, effective June 17, 2024.
(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:
| A = | B 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. | |
Section 5 (1) and (3) BEFORE amended by BC Reg 151/2024, effective June 17, 2024.
(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.
(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.
Section 5 (2) BEFORE repealed by BC Reg 151/2024, effective June 17, 2024.
(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.
Section 6 BEFORE amended by BC Reg 140/2010, effective July 1, 2010.
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 Rule 11 (6.1) to (10) of the Supreme Court Rules, B.C. Reg. 221/90.
Section 6 BEFORE amended by BC Reg 151/2024, effective June 17, 2024.
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.]
Section 7 (1) and (2) BEFORE amended by BC Reg 151/2024, effective June 17, 2024.
(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 8 (1) (b) BEFORE amended by BC Reg 4/2010, effective January 14, 2010.
(b) Ministry of Small Business and Revenue;
Section 8 BEFORE repealed by BC Reg 151/2024, effective June 17, 2024.
Section 22 (5) of Act
8 (1) For the purposes of section 22 (5) of the Act, the following are prescribed public bodies:
(a) Ministry of Environment and Climate Change Strategy;
(c) Insurance Corporation of British Columbia;
(d) BC Financial Services Authority;
(e) Ministry of Public Safety and Solicitor General;
(g) British Columbia Assessment Authority;
(h) British Columbia Hydro and Power Authority;
(i) British Columbia Lottery Corporation;
(j) British Columbia Securities Commission;
(l) Workers' Compensation Board.
(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; 191/2018, App. 2, s. 1; 215/2019; 5/2022, s. 3.]
Section 9 (2) and (5) BEFORE amended by BC Reg 151/2024, effective June 17, 2024.
(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.
(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.
Section 12 (part) BEFORE amended by BC Reg 151/2024, effective June 17, 2024.
Financial institutions
12 The following persons and entities are prescribed for the purposes of section 22.02 (1) (c) of the Act:
Section 12 (d) was added by BC Reg 151/2024, effective June 17, 2024.
Section 13 (part) BEFORE amended by BC Reg 151/2024, effective June 17, 2024.
For the purposes of section 22.02 (2) of the Act, the prescribed form of notice is,Schedule, form 1 (part) BEFORE amended by BC Reg 151/2024, effective June 17, 2024.
(section 23 (1) of the Civil Forfeiture Act)Schedule, form 2 BEFORE repealed by BC Reg 151/2024, effective June 17, 2024.
(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
Schedule, form 3 (part) BEFORE amended by BC Reg 151/2024, effective June 17, 2024.
(Section 23 of the Civil Forfeiture Act)Schedule, form 4 (part) BEFORE amended by BC Reg 151/2024, effective June 17, 2024.
(Section 23 of the Civil Forfeiture Act)
