462.3 - Interpretation

Definitions

462.3 (1) In this Part,

“designated drug offence” [Repealed, 1996, c. 19, s. 68]

“designated offence”

« infraction désignée »

“designated offence” means

(a) any offence that may be prosecuted as an indictable offence under this or any other Act of Parliament, other than an indictable offence prescribed by regulation, or

(b) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a);

“designated substance offence” [Repealed, 2001, c. 32, s. 12]

“enterprise crime offence” [Repealed, 2001, c. 32, s. 12]

“judge”

« juge »

“judge” means a judge as defined in section 552 or a judge of a superior court of criminal jurisdiction;

“proceeds of crime”

« produits de la criminalité »

“proceeds of crime” means any property, benefit or advantage, within or outside Canada, obtained or derived directly or indirectly as a result of

(a) the commission in Canada of a designated offence, or

(b) an act or omission anywhere that, if it had occurred in Canada, would have constituted a designated offence.

Regulations

(2) The Governor in Council may make regulations prescribing indictable offences that are excluded from the definition “designated offence” in subsection (1).

Powers of Attorney General of Canada

(3) Despite the definition “Attorney General” in section 2, the Attorney General of Canada may

(a) exercise all the powers and perform all the duties and functions assigned to the Attorney General by or under this Act in respect of a designated offence if the alleged offence arises out of conduct that in whole or in part is in relation to an alleged contravention of an Act of Parliament or a regulation made under such an Act, other than this Act or a regulation made under this Act; and

(b) conduct proceedings and exercise all the powers and perform all the duties and functions assigned to the Attorney General by or under this Act in respect of

(i) an offence referred to in section 354, 355.2, 355.4 or 462.31, if the alleged offence arises out of conduct that in whole or in part is in relation to an alleged contravention of an Act of Parliament, other than this Act, or a regulation made under such an Act, and

(ii) an offence under subsection 462.33(11) if the restraint order was made on application of the Attorney General of Canada.

Powers of Attorney General of a province

(4) Subsection (3) does not affect the authority of the Attorney General of a province to conduct proceedings in respect of a designated offence or to exercise any of the powers or perform any of the duties and functions assigned to the Attorney General by or under this Act.

R.S., 1985, c. 42 (4th Supp.), s. 2;1993, c. 25, s. 95, c. 37, s. 32, c. 46, s. 5;1994, c. 44, s. 29;1995, c. 39, s. 151;1996, c. 19, ss. 68, 70;1997, c. 18, s. 27, c. 23, s. 9;1998, c. 34, ss. 9, 11;1999, c. 5, ss. 13, 52;2001, c. 32, s. 12, c. 41, ss. 14, 33;2005, c. 44, s. 1;2010, c. 14, s. 7.

Criminal Code of Canada