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    (a) in the case of perishable or rapidly depreciating property, the power to make an interlocutory sale of that property; and

    (b) in the case of property that has little or no value, the power to destroy that property.

Application for destruction order

(4) Before a person appointed to manage property destroys property that has little or no value, he or she shall apply to a court for a destruction order.

Notice

(5) Before making a destruction order in relation to any property, a court shall require notice in accordance with subsection (6) to be given to, and may hear, any person who, in the opinion of the court, appears to have a valid interest in the property.

Manner of giving notice

(6) A notice shall

    (a) be given or served in the manner that the court directs or that may be specified in the rules of the court; and

    (b) be of any duration that the court considers reasonable or that may be specified in the rules of the court.

Order

(7) A court may order that the property be destroyed if it is satisfied that the property has little or no value, whether financial or other.

When management order ceases to have effect

(8) 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 to an applicant or forfeited to Her Majesty.

Application to vary conditions

(9) 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).

37. (1) Subsection 515(4.1) of the Act is amended by adding the following after paragraph (b):

    (b.1) an offence under section 423.1 (intimidation of a justice system participant),

1999, c. 25, s. 8(4)

(2) The portion of subsection 515(4.2) of the Act before paragraph (a) is replaced by the following:

Additional conditions

(4.2) Before making an order under subsection (2), in the case of an accused who is charged with an offence described in section 264 or 423.1 or an offence in the commission of which violence against a person was used, threatened or attempted, the justice shall consider whether it is desirable, in the interests of the safety and security of any person, particularly a victim of or witness to the offence or a justice system participant , to include as a condition of the order

1997, c. 23, s. 16

(3) Subparagraph 515(6)(a)(ii) of the Act is replaced by the following:

      (ii) that is an offence under section 467.11, 467.12 or 467.13, or a serious offence alleged to have been committed for the benefit of, at the direction of, or in association with, a criminal organization,

1992, c. 41, s. 1; 1998, c. 9, s. 5

38. Subsections 631(3) to (5) of the Act are replaced by the following:

To be drawn by clerk of court

(3) The clerk of the court shall, in open court, draw out the cards referred to in subsection (1), one after another, and shall call out the name and number on each card as it is drawn, until the number of persons who have answered is, in the opinion of the judge, sufficient to provide a full jury after allowing for orders to excuse, challenges and directions to stand by where

    (a) the array of jurors is not challenged; or

    (b) the array of jurors is challenged but the judge does not direct a new panel to be returned.

Where name not to be called

(3.1) On application by the prosecutor or on its own motion, the court, or a judge of the court, before which the jury trial is to be held, if it is satisfied that it is in the best interest of the administration of justice to do so, including in order to protect the privacy or safety of the members of the jury, may order that, for the purposes of subsection (3), the clerk of the court shall only call out the number on each card.

Juror and other persons to be sworn

(4) The clerk of the court shall swear each member of the jury in the order in which his or her card was drawn and shall swear any other person providing technical, personal, interpretative or other support services to a juror with a physical disability.

Drawing additional cards if necessary

(5) Where the number of persons who answer under subsection (3) or (3.1) is not sufficient to provide a full jury, the clerk of the court shall proceed in accordance with subsections (3), (3.1) and (4) until twelve jurors are sworn.

Ban on publication, etc.

(6) On application by the prosecutor or on its own motion, the court or judge before which a jury trial is to be held may, if an order under subsection (3.1) has been made, make an order directing that the identity of a juror or any information that could disclose their identity shall not be published in any document or broadcast in any way, if the court or judge is satisfied that such an order is necessary for the proper administration of justice.

1992, c. 41, s. 2

39. The portion of section 632 of the Act before paragraph (a) is replaced by the following:

Excusing jurors

632. The judge may, at any time before the commencement of a trial, order that any juror be excused from jury service, whether or not the juror has been called pursuant to subsection 631(3) or (3.1) or any challenge has been made in relation to the juror, for reasons of

1992, c. 41, s. 2

40. Section 633 of the Act is replaced by the following:

Stand by

633. The judge may direct a juror who has been called pursuant to subsection 631(3) or (3.1) to stand by for reasons of personal hardship or any other reasonable cause.

1992, c. 41, s. 3

41. Section 641 of the Act is replaced by the following:

Calling jurors who have stood by

641. (1) Where a full jury has not been sworn and no cards remain to be drawn, the cards of those who have been directed to stand by shall be drawn again in the order in which their cards were drawn and they shall be sworn, unless excused by the judge or challenged by the accused or the prosecutor.

Other jurors becoming available

(2) Where, before a juror is sworn pursuant to subsection (1), other jurors in the panel become available, the prosecutor may require the cards of those jurors to be put into and drawn from the box in accordance with section 631, and those jurors shall be challenged, directed to stand by, excused or sworn, as the case may be, before the jurors who were originally directed to stand by are called again.

1992, c. 41. s. 5

42. Subsections 643(1) and (2) of the Act are replaced by the following:

Who shall be jury

643. (1) The twelve jurors whose cards are drawn and who are sworn in accordance with this Part shall be the jury to try the issues of the indictment, and the jurors so drawn and sworn shall be kept apart until the jury gives its verdict or until it is discharged. Their cards shall then be returned to the box as often as occasion arises, as long as an issue remains to be tried before a jury.

Same jury may try another issue by consent

(2) The court may try an issue with the same jury in whole or in part that previously tried or was drawn to try another issue, without the jurors being sworn again, but if the prosecutor or the accused objects to any of the jurors or the court excuses any of the jurors, the court shall order those persons to withdraw and shall direct that the required number of cards to make up a full jury be drawn and, subject to the provisions of this Part relating to challenges, orders to excuse and directions to stand by, the persons whose cards are drawn shall be sworn.

R.S., c. 27 (1st Supp.), s. 133

43. Subsection 645(5) of the Act is replaced by the following:

Questions reserved for decision in a trial with a jury

(5) In any case to be tried with a jury, the judge before whom an accused is or is to be tried has jurisdiction, before any juror on a panel of jurors is called pursuant to subsection 631(3) or (3.1) and in the absence of any such juror, to deal with any matter that would ordinarily or necessarily be dealt with in the absence of the jury after it has been sworn.

1997, c. 23, s. 17

44. Subparagraph 718.2(a)(iv) of the French version of the Act is replaced by the following:

      (iv) que l'infraction a été commise au profit ou sous la direction d'une organisation criminelle , ou en association avec elle ;

1997, c. 23, s. 18

45. Subsection 743.6(1.1) of the Act is replaced by the following:

Power of court to delay parole

(1.1) Notwithstanding section 120 of the Corrections and Conditional Release Act, where an offender receives a sentence of imprisonment of two years or more, including a sentence of imprisonment for life imposed otherwise than as a minimum punishment, on conviction for a criminal organization offence other than an offence under section 467.11, 467.12 or 467.13 , the court may order that the portion of the sentence that must be served before the offender may be released on full parole is one half of the sentence or ten years, whichever is less.

Power of court to delay parole

(1.2) Notwithstanding section 120 of the Corrections and Conditional Release Act, where an offender receives a sentence of imprisonment of two years or more, including a sentence of imprisonment for life, on conviction for an offence under section 467.11, 467.12 or 467.13, the court shall order that the portion of the sentence that must be served before the offender may be released on full parole is one half of the sentence or ten years, whichever is less, unless the court is satisfied, having regard to the circumstances of the commission of the offence and the character and circumstances of the offender, that the expression of society's denunciation of the offence and the objectives of specific and general deterrence would be adequately served by a period of parole ineligibility determined in accordance with the Corrections and Conditional Release Act.

1997, c. 23, s. 19

46. (1) Subsection 810.01(1) of the Act is replaced by the following:

Fear of criminal organization offence, etc.

810.01 (1) A person who fears on reasonable grounds that another person will commit an offence under section 423.1 or a criminal organization offence may, with the consent of the Attorney General, lay an information before a provincial court judge.

(2) Subsection 810.01(3) of the Act is replaced by the following:

Adjudication

(3) The provincial court judge before whom the parties appear may, if satisfied by the evidence adduced that the informant has reasonable grounds for the fear, order that the defendant enter into a recognizance to keep the peace and be of good behaviour for any period that does not exceed twelve months and to comply with any other reasonable conditions prescribed in the recognizance, including the conditions set out in subsection (5), that the provincial court judge considers desirable for preventing the commission of an offence referred to in subsection (1) .

CONSEQUENTIAL AMENDMENTS

1996, c. 19

Controlled Drugs and Substances Act

47. The definition ``offence-related property'' in subsection 2(1) of the Controlled Drugs and Substances Act is replaced by the following:

``offence-relat ed property'' « bien infractionnel »

``offence-related property'' means, with the exception of a controlled substance, any property, within or outside Canada,

      (a) by means of or in respect of which a designated substance offence is committed,

      (b) that is used in any manner in connection with the commission of a designated substance offence, or

      (c) that is intended for use for the purpose of committing a designated substance offence;

1997, c. 18, par. 140(b), (c)(i); 1999, c. 5, s. 48

48. Sections 8 and 9 of the Act are repealed.

1996, c. 19, s. 93.2

49. (1) Subsections 14(3) and (4) of the Act are replaced by the following:

Restraint order

(3) Where an application for a restraint order is made to a judge under subsection (1), the judge may, if satisfied that there are reasonable grounds to believe that the property is offence-related property, make a restraint order prohibiting any person from disposing of, or otherwise dealing with any interest in, the offence-related property specified in the order otherwise than in such manner as may be specified in the order.

Property outside Canada

(4) A restraint order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.

(2) Paragraph 14(9)(a) of the Act is replaced by the following:

    (a) an order is made under subsection 19(3) or 19.1(3) of this Act or subsection 490(9) or (11) of the Criminal Code in relation to the property; or

50. The Act is amended by adding the following after section 14:

Management order

14.1 (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 offence-related property seized under section 11, or a judge in the case of offence-related property restrained under section 14, may, where 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) When the Attorney General of Canada so requests, a judge or justice appointing a person under subsection (1) shall 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) in the case of perishable or rapidly depreciating property, the power to make an interlocutory sale of that property; and

    (b) in the case of property that has little or no value, the power to destroy that property.

Application for destruction order

(4) Before a person appointed to manage property destroys property that has little or no value, he or she shall apply to a court for a destruction order.

Notice

(5) Before making a destruction order in relation to any property, a court shall require notice in accordance with subsection (6) to be given to, and may hear, any person who, in the opinion of the court, appears to have a valid interest in the property.

Manner of giving notice

(6) A notice shall

    (a) be given or served in the manner that the court directs or that may be specified in the rules of the court; and

    (b) be of any duration that the court considers reasonable or that may be specified in the rules of the court.

Order

(7) A court may order that the property be destroyed if it is satisfied that the property has little or no value, whether financial or other.

When management order ceases to have effect

(8) 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 to an applicant or forfeited to Her Majesty.

Application to vary conditions

(9) 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).

51. (1) The portion of subsection 16(1) of the Act before paragraph (a) is replaced by the following:

Order of forfeiture of property on conviction

16. (1) Subject to sections 18 to 19.1 , where a person is convicted of a designated substance offence and, on application of the Attorney General, the court is satisfied, on a balance of probabilities, that any property is offence-related property and that the offence was committed in relation to that property, the court shall

(2) Subsection 16(2) of the Act is replaced by the following:

Property related to other offences

(2) Subject to sections 18 to 19.1 , where the evidence does not establish to the satisfaction of the court that the designated substance offence of which a person has been convicted was committed in relation to property in respect of which an order of forfeiture would otherwise be made under subsection (1) but the court is satisfied, beyond a reasonable doubt, that that property is offence-related property, the court may make an order of forfeiture under subsection (1) in relation to that property.

Property outside Canada

(2.1) An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.

52. (1) The portion of subsection 17(2) of the Act before paragraph (a) is replaced by the following:

Order of forfeiture of property

(2) Subject to sections 18 to 19.1 , where an application is made to a judge under subsection (1) and the judge is satisfied