Civil Forfeiture Act

Civil Forfeiture Act, S.B.C. 2005, c. 29, ss. 4 and 23

• Nature of Instrument: The Director of Civil Forfeiture may file in the land title office a notice in Form 1, as prescribed by s. 5 of the Civil Forfeiture Regulation, B.C. Reg. 164/2006. The notice states that, in proceedings commenced in the Supreme Court for the forfeiture of property to the government, the proceedings may affect real property or the whole or a portion of an interest in real property, or the property in which the whole or the portion of the interest in property is held. Section 4 of the Act requires that the director name as a party to the proceedings the registered owner of the whole or the portion of the interest in property and a person who the director has reason to believe is an unregistered owner of the whole or the portion of the interest in the property.
• Filed by or in Favour of: The director designated by the minister for the purposes of the Act.
• Effect of Registration: Section 23(5) provides that registration of the notice, or an amendment or extension of the notice, has the same effect as the registration of a certificate of pending litigation.
• Amendment, Extension, or Cancellation: The director may amend or extend the notice by filing in the land title office an amended Form 1. The notice may be cancelled by filing Form 3.
• Electronic Submissions: On the Form 17 Charge, Notation or Filing, select Nature of Interest, Certificate of Pending Litigation, and attach an image of the original Form 1.