Administrative forfeiture

Administrative forfeiture is a procedure by which the State can apply to have property, including money, seized and forfeited to the State. It may be property which, in whole or in part and even indirectly,

• is derived from unlawful activity, or
• was used or is intended to be used to engage in unlawful activity.

A civil forfeiture can be initiated through an application to the court in accordance with the rules applicable in civil matters. It can also be initiated under the rules of the administrative forfeiture regime, which allows movable property valued at $100,000 or less to be forfeited without recourse to the courts.

A forfeiture under the Act respecting the forfeiture, administration and appropriation of proceeds and instruments of unlawful activity is entirely separate from criminal law. It focuses on property ownership rights rather than on establishing guilt.

You may receive a notice of administrative forfeiture if you are

• the person in the hands of whom the property was seized,
• the public body or person who seized the property, or
• a person who has an interest in the property.

You will receive the notice by mail. It may also be the subject of a public notice.

Public notice

You can consult the list of property currently under an administrative forfeiture order (in French). This list is updated regularly, but does not necessarily include all proceedings under way.

Liste des biens visés par une confiscation administrative (PDF 116 Kb)

Allotment of proceeds of forfeited property

The proceeds from property forfeited to the State are allotted among

• the fund dedicated to assistance for persons who are victims of criminal offences, and
• bodies or organizations that participated in the operations that led to the forfeiture of the property (municipal police force, Ministère de la Sécurité publique, law enforcement agency, etc.).

If you have a legitimate interest in property subject to administrative forfeiture and are able to show valid reasons for contestation, you may file a notice of contestation.

Contestation procedure

Your notice of contestation of an administrative forfeiture must be filed in writing. The notice must comply with sections 15.6 and 15.7 of the Act respecting the forfeiture, administration and appropriation of proceeds and instruments of unlawful activity.

Your notice of contestation must be accompanied by an affidavit stating the reasons for the contestation.

You may use the form Avis de contestation (PDF 171 Kb) (in French).

Send your notice of contestation to the Attorney General of Québec by email or by mail.

Deadline for filing a notice of contestation

Your notice of contestation must be sent within 30 days of receiving notice of an administrative forfeiture.

Under section 15.5 of the Act, the notice of forfeiture is presumed to have been received five days after it was sent.

If you fail to contest it within 30 days of receipt, the property is forfeited to the State.

If you were unable to contest within the prescribed time, you can ask the court to release you from the failure to contest. In that case, your application must be made to the court within six months of receiving notice of an administrative forfeiture.

After the notice of contestation is filed

Upon receiving a notice of contestation, the Attorney General can respond within 60 days by introducing civil forfeiture proceedings before the court, or can discontinue the forfeiture proceedings.

For more information on administrative forfeiture, contact us.