Canadian Criminal Sentencing/Offence-related Property Under the Controlled Drugs Substances Act

Introduction
The purpose of the forfeiture of offence-related property under the CDSA is "to ensure that offence-related property is not returned to the offender and the interests of innocent third parties and persons with valid interests in the property are protected".

The purposes are to (1) "punishes the offender by taking away the property that was used in the commission of the designated substance offence", with the effect upon the profit of the trade; (2) provide deterrence through "“rais[ing] the stakes” by imposing a “very real cost” to those who either use, or permit their property to be used, in the commission of a designated substance offence"; (3) ensure "that the property is no longer available for continued use in criminal activities", that is, to take it out of circulation

The Attorney General may apply at any time after conviction forfeiture of offence-related property. They must show on a balance of probabilities that the property is "offence-related property" in relation to the offences convicted.(s. 16(1)) The AG may also obtain an order if they can prove beyond a reasonable doubt that the property is "offence-related property" but not in relation to any particular conviction. (s. 16(2))

Innocent persons with property interests in the goods may apply usually during a forfeiture hearing for the return of the items. (s. 19)

Offence-related Property
Offence-related property is defined in s.2 of the CDSA:

Forfeiture on Conviction
Section 16 of the Controlled Drugs and Substances Act provides a power of forfeiture on conviction similar to s. 490.1 of the Criminal Code:

Notice
Under s. 19, applications under s.16(1) or 17(2) requires notice to any persons who appear to have valid interests in the property. see s.19 CDSA