Civil Forfeiture Act, Sections 9 And 72

Civil Forfeiture Act, R.S.B.C. 2024, c. 1, s. 9

Under s. 9(4)(f) of the Civil Forfeiture Act, the court may make an order granting to the Director a lien for an amount set by the court on property. The Director may then apply to the land title office to release the lien.

• Nature of Interest: Crown Lien Charge
• Filed by or in Favour of: The director designated by the minister for the purposes of the Act.
• Electronic Charge Submissions: On the Form 17 Charge, Notation or Filing, select Nature of Interest, Crown Lien, and attach an image of the court order granting to the director a lien under s. 9(4)(f) of the Civil Forfeiture Act.
• Electronic Cancellation Submissions: On the Form C (Release by Authorized Subscriber Register Member), select Nature of Interest, Crown Lien.

Civil Forfeiture Act, R.S.B.C. 2024, c. 1, s. 72

• Nature of Interest: 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, as amended by B.C. Reg. 151/2024. 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.
• Filed by or in Favour of: The director designated by the minister for the purposes of the Act.
• Effect of Registration: Section 72(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 and s. 72(4) states that the registrar must register the notice, or amendment, extension or cancellation of the notice when filed in the prescribed manner.
• Electronic Submission of the Notice (Form 1): On the Form 17 Charge, Notation or Filing, select Nature of Interest, Certificate of Pending Litigation, and attach an image of the Form 1, together with the document by which the claim is made.
• Amendment or Extension: The director may amend or extend the notice by filing in the land title office the Form 1, together with the document that amends or extends the original notice.
• Electronic Submission of the Amendment or Extension of the Notice (Form 1): On the Form 17 Charge, Notation or Filing, select Nature of Interest, Certificate of Pending Litigation, and attach an image of the Form 1, together with the document that amends or extends the original notice.
• Cancellation: The director may cancel the notice by filing in the land title office a Form 3.
• Electronic Submission of the Cancellation (Form 3): On the Form 17 Cancellation of Charge, Notation or Filing, select Nature of Interest, Certificate of Pending Litigation, and attach an image of the Form 3.

Note: A forfeiture order under the Civil Forfeiture Act does not require a Form 3 under the Civil Forfeiture Regulation to release a Civil Forfeiture Act notice if cancellation of the notice is specifically dealt with in the forfeiture order.