PART 2

EXTRADITION FROM CANADA

PROPERTY

39. (1) Subject to a relevant extradition agreement, a judge who makes an order of committal may order that any thing that was seized when the person was arrested and that may be used in the prosecution of the person for the offence for which the extradition was requested be transferred to the extradition partner at the time the person is surrendered.

PART I FOREIGN INVESTIGATIONS OR OTHER PROCEEDINGS IN RESPECT OF OFFENCES
International Criminal Court

9.1 (1) When a request is presented to the Minister by the International Criminal Court for the enforcement of an order for the restraint or seizure of proceeds of crime, the Minister may authorize the Attorney General of Canada to make arrangements for the enforcement of the order.
(2) On receipt of an authorization, the Attorney General of Canada may file a copy of the order with the superior court of criminal jurisdiction of the province in which property that is the subject of the order is believed to be located.
(3) On being filed, the order may be enforced as if it were a warrant issued under subsection 462.32(1) of the Criminal Code or an order made under subsection 462.33(3) of that Act.

9.2 (1) When a request is presented to the Minister by the International Criminal Court for the enforcement of an order of reparation or forfeiture, or an order imposing a fine, the Minister may authorize the Attorney General of Canada to make arrangements for the enforcement of the order.
(2) On receipt of an authorization, the Attorney General of Canada may file a copy of the order with the superior court of criminal jurisdiction of
(a) the province in which property that is the subject of the order is believed to be located; or
(b) the province in which some or all of the property available to satisfy the order is believed to be located.
On being filed, the order shall be entered as a judgment of that court.
(3) Before filing an order referred to in subsection (1), the Attorney General of Canada must be satisfied that
(a) a person has been convicted of an offence within the jurisdiction of the International Criminal Court; and
(b) the conviction and the order are not subject to further appeal.
(4) An order has, from the date it is filed under subsection (2), the same effect as if it had been
(a) in the case of an order of reparation, an order under section 738 of the ;Criminal Code;
(b) in the case of an order of forfeiture, an order under subsection 462.37(1) or 462.38(2) of that Act; and
(c) in the case of an order imposing a fine, a fine imposed under section 734 of that Act.
(5) Subject to any orders made under subsection (8), proceeds from the enforcement of orders filed under this section shall be paid into the Crimes Against Humanity Fund established under section 30 of the .Crimes Against Humanity and War Crimes Act.
(6) When an order is filed under subsection (2), a copy of any amendments made to the order may be filed in the same way as the order, and the amendments do not, for the purpose of this Act, have effect until they are registered.
(7) When an order has been filed under subsection (2), it shall not be executed before notice in accordance with subsection 462.41(2) of the Criminal Code has been given to every person who, in the opinion of the court, appears to have a valid interest in the property.
(8) Subsection 462.41(3) and section 462.42 of the Criminal Code apply, with any modifications that the circumstances require, in respect of a person who claims an interest in the property.