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“Point in Time” Act Content

CIVIL FORFEITURE ACT

[RSBC 2024]  CHAPTER 1

NOTE: Links below go to act content as it was prior to the changes made on the effective date. (PIT covers changes made from September 6, 2000 to "current to" date of the act.)
SECTIONEFFECTIVE DATE
5April 16, 2026
7.1April 16, 2026
36April 16, 2026
37April 16, 2026
39April 16, 2026
 April 16, 2026
45.1April 16, 2026
59.1April 16, 2026
67.01May 11, 2023
[retro from April 16, 2026]
67.1April 16, 2026
 April 16, 2026
73April 16, 2026
95April 16, 2026

  Section 5 BEFORE re-enacted by 2026-7-1, effective April 16, 2026 (Royal Assent).

Response must identify interest in property

5   A person who files a response to proceedings commenced under section 3 must set out in the response particulars of the nature of the interest or the portion of the interest that the person claims in the property that is the subject of the application for forfeiture, including the extent of the interest or the portion of the interest in the property.

  Section 7.1 was enacted by 2026-7-2, effective April 16, 2026 (Royal Assent).

  Section 36 BEFORE amended by 2026-7-3, effective April 16, 2026 (Royal Assent).

If director receives notice of dispute

36   Within 30 days of receiving a notice of dispute under section 35, the director must do the following:

(a) commence proceedings under section 3 [application for forfeiture order] or withdraw from proceeding under this Act in relation to the subject property;

(b) give notice to the public body and each known interest holder of the direction taken under paragraph (a).

  Section 37 (1) BEFORE amended by 2026-7-4, effective April 16, 2026 (Royal Assent).

(1) If, by the seventh day after expiry of the dispute period, the director does not receive a notice of dispute to forfeiture under this Part of a subject property, the subject property is forfeited to the government for disposal by the director.

  Section 39 (1) BEFORE amended by 2026-7-5(a), effective April 16, 2026 (Royal Assent).

(1) This section applies to a person who claims to have had an interest in subject property at the time of its forfeiture under section 37 but who failed to deliver a notice of dispute in respect of the forfeiture in accordance with section 35.

  Section 39 (3) (a) BEFORE amended by 2026-7-5(b), effective April 16, 2026 (Royal Assent).

(a) the claimant's failure to deliver a notice of dispute under and in accordance with section 35 was not wilful or deliberate, and

  Section 45.1 was enacted by 2026-7-6, effective April 16, 2026 (Royal Assent).

  Section 59.1 was enacted by 2026-7-7, effective April 16, 2026 (Royal Assent).

  Section 67.01 was enacted by 2026-7-8, effective May 11, 2023 [retro from April 16, 2026 (Royal Assent)].

  Section 67.1 (2) BEFORE amended by 2026-7-9(a), effective April 16, 2026 (Royal Assent).

(2) If the director requests that a relevant organization disclose an individual's personal information to the director, the relevant organization must not, during the six-month period after the organization receives the request, disclose to any person, other than a person in respect of which solicitor-client privilege exists, either of the following:

(a) that the director has requested the relevant organization to disclose the individual's personal information;

(b) that the relevant organization has disclosed the individual's personal information to the director.

  Section 67.1 (2.1) was added by 2026-7-9(b), effective April 16, 2026 (Royal Assent).

  Section 73 (4) (a) and (b) BEFORE amended by 2026-7-10, effective April 16, 2026 (Royal Assent).

(a) the director must, within 30 days after the notice is delivered,

(i) commence proceedings under section 3 in relation to the personal property, or

(ii) withdraw notice of the intent to commence proceedings, and

(b) the public body is entitled to maintain possession of the personal property, despite any other claim of an interest or right of possession in the property, until the earlier of the following:

(i) 30 days after the notice is delivered;

(ii) the date on which notice is withdrawn under paragraph (a) (ii) of this subsection.

  Section 95 (2) (a.1) was added by 2026-7-11, effective April 16, 2026 (Royal Assent).