Civil Forfeiture
Civil forfeiture is designed to take the profit out of crime
Crime shouldn’t pay. Strong civil forfeiture laws make it harder for people who profit from organized crime and money-laundering to operate.
Nova Scotia’s Civil Forfeiture Act allows for property that was gained through crime or being used to commit a crime to be seized. Under the law, the Director of Civil Forfeiture can initiate a civil process through the Supreme Court of Nova Scotia for the forfeiture of assets acquired through unlawful activities or used to engage in unlawful activity.
Cases are referred to the Director of Civil Forfeiture by law enforcement and provincial agencies. A civil proceeding is then started against the property and does not rely on a finding of criminal prosecution.
Examples include:
- cash resulting from the sale of illegal drugs or tobacco
- vehicles used to transport illegal drugs or restricted/prohibited firearms
- goods such as jewellery purchased with the proceeds of criminal activities
- buildings used to house illegal cannabis dispensaries
Civil forfeiture laws help victims
When property is forfeited to the province, it is liquated and then the funds are used to support crime prevention initiatives, victims of crime and training that supports safer communities.
Learn more about the Civil Forfeiture Grant Program.
How administrative forfeiture works
The Civil Forfeiture Act allows the Director of Civil Forfeiture to seek forfeiture of personal property valued at $125,000 or less through an administrative process without court involvement. The process cannot be used to seek forfeiture of real property (land and buildings). Property interest holders have the right to dispute forfeiture.
Dispute an administrative proceeding
The director is required to provide written notice to all known interest holders and to the person from whom the property was seized.