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Ita Robbins et al file $9 Million Victim Compensation - BC Civil Forfeiture (Vol 1) Subject Honeysuckle Lane
Bad guys: Cambridge Mortgage, Peet & Cowan, BMO Bank, Ron Bakonyi, Robert Ellis, Law Society BC, BC Attorney General, RCMP  Jan 05, 2021

Commentary
Ita Robbins et al Xxxxx St., British Columbia
Civil Forfeiture Office Mailing Address: PO Box 9234 STN PROV Government, Victoria, BC V8W 9J1 civilfor@gov.bc.ca (See also Ministry of Public Safety & Solicitor General copied) (See also Ministry of Attorney General copied)
Courier Address: Civil Forfeiture Office, 1001 Douglas Street, Victoria, BC V8W 2C5
Courier Address: Civil Forfeiture Office, 1001 Douglas Street, Victoria, BC V8W 2C5
Commission of Inquiry into Money Laundering in British Columbia PO Box 10073 601-700 West Georgia Street, Vancouver, BC V7Y 1B6 Email:info@cullencommission.ca Fax: (604) 669 1207
Re: Application for Compensation under BC Civil Forfeiture Act
Please find enclosed the Application of Ita Robbins (et al) for Compensation under the provisions of the BC Civil Forfeiture Act provided under bound copy.
Also, please find enclosed (2) two ‘Legal Binders’ which provide a more detailed emphasis of the FACTS of the circumstances beyond the information provided in the Application itself.
These two ‘Legal Binders’ have previously been provided to a number of relevant parties prior to this Application including John Horgan (In Person) & Premier John Horgan as head of Executive Council for British Columbia, BC Attorney General David Eby and former Finance Minister Carole James all aware now of this criminal misadventure (“Unlawful Activity”).
These two ‘Legal Binders’ have previously been provided to Justin Trudeau (In Person) & Prime Minister, the Speaker of the House of Commons, the Supreme Court of Canada, the Canadian Judicial Council (as complaint), as well as to a number of BC Supreme Court Judges impacted (involved) by the frauds on the Court including specifically: BC Court of Appeal Justice Grauer J., and BC Supreme Court Justices (Barry) Davies and (Nathan) Smith.
This Application for Compensation is separate and distinct from any other including the Province of Ontario or Federal Application to an Agency or Federal Court for Compensation.
The Judicial Complaints involve BC Supreme Court Chief Justice Chris Hinkson and BC Court of Appeal (then BCSC) Judge Lauri Anne Fenlon.
As you can plainly see this Application is provided under conventional cover letter with content provided under the letterhead of www.robbinssceresearch.com, a Public Opinion & Public Interest website owned and operated by Glen P. Robbins a co-applicant.
You will note the original Unlawful Activity occurred under BC Government letterhead.
This Application for Compensation under the Civil Forfeiture Act will also be submitted to the Supreme Court of Canada already seriously implicated (affected) by the British Columbia Unlawful Activity, with the potentiality of receiving Mandamus and or Certiorari (other) Applications relating to events corresponding to this subject matter of Unlawful Activity.
These more drastic applications available to the S.C.C. involve matters considered under this Application for which State and Substate Actors in the Province of British Columbia are mostly responsible for (causation). Not the least of these would include: The Stay of Execution Order made by Constitutionally appointed Justice Kloegman on April 7, 2014 (BCSC H130330), which remains unfiled, and which the BC Supreme Court and BC Attorney General have refused to file (2019) as well as the ‘wildly’ fraudulent Order Made After Application (BCSC H130330).
In addition, Applicant for Compensation Glen P. Robbins could yet file an amended appeal under BCSC S111171 (with application for extension of time in unique circumstances) of the Grauer J. order of October 3, 2011 the details of which are provided in the (2) supporting Legal Binders.
This potential Application of the Grauer J. order by Glen P. Robbins under BCSC S11171 may also considered under Mandamus or Certiorari (other) for the Supreme Court of Canada, given the circumstances whereby Substate Actor the Law Society of British Columbia neglected to inform Glen Robbins during his appeal of the Grauer J. order that the subject legislation of Grauer J.’s order impacting BCSC H1303330 adversely was amended at BC Legislature May 2012, which would have made for a much more compelling appeal case and would have completely altered the events that occurred under both H130330 (Ita Robbins) and S111171 (Glen P. Robbins).
Obviously if Grauer J.’s Order under (subsection 15 (5) of the LPA (BC) which he has reasoned was “redundant” “unclear” and generally incoherent is amended by the BC Legislature because of Law Society of BC v Glen P. Robbins case, then Glen P. Robbins is the pro se jurist who created this and it follows (in a ‘sane’ system) that he be rewarded for his excellent defence, not the Law Society of BC which filed petition and amended petition whose case under Elizabeth Lyall and Michael Kleisinger was an abomination of justice, poorly prepared and pitifully represented at trial.
Note that Glen P. Robbins Application for Punitive Damages herein occurs exclusively to BCSC H130330.
Please also note that the Applicants have asked that a person like Carole James, former BC Finance Minister be considered ((respectively) if possible) as the Director under the Act to perform the investigation. To the extent this possibility exists (occurs) the main Applicant Ita Robbins and other title holder “FM” and myself (GPR) would accept Carole James as a Director. She certainly qualifies under BC’s Public Service Act, and is credible to all political types.
To this point, as the author, Carole James is one of only two politicians (the other Donald Trump) that I have only had good things to say about - because it was fair to do so). Both sides of the political spectrum as it were.
This is the correct intellectual avenue by which to solve this problem of proper compensation to Ita Robbins et al. I would bet that Ms. James would agree with this position. Willingness appears to be a deficiency of political folk, often out of outdated pride of power. Ms. James is one in ten who understands that in the search for balance, fairness and justice - willingness is supported by the more basic ‘right thing to do’ methodology. (leave out ‘confusing’ morality).
Here is a November 23rd, 2017 article in the Vancouver Sun Newspaper entitled “Finance Minister instructs securities commission to improve collection of fines, ‘and soon’” (Gordon Hoekstra, Rob Shaw) the article asserts as follows:
‘The (BC) provincial government has ordered the BC Securities Commission to improve its poor record of collecting the fines it has imposed - more than half a billion dollars unpaid by fraudsters in the past decade.’
“I am certainly not happy,” Finance Minister Carole James said Wednesday at the B.C. Legislature.” ‘James said she told the commission to look at tools and options to improve collection and get back to her soon.’
‘She added Thursday, in a written statement, that she asked the BCSC to come forward with proposals on how the province can modernize its enforcement framework under the B.C. Securities Act.’ “We expect some of the proposals may require working with the federal government and other provincial ministries.” ‘On Wednesday, she said the province is also looking at ways it could improve collection.’ ‘The directive Wednesday were revealed in the first public comments after a Postmedia investigation reported last Saturday that more than 80 fraudsters who have thousands...in B.C., other parts of Canada, the United States and as far away as Switzerland - have escaped paying the largest penalties issued by the Commission.’
‘Those include fines meant to punish and provide deterrence and orders to pay back proceeds of fraudulent activities, that are issued by commission panels…’ ‘From fiscal 2007-08 to 2016-17, the BC Securities Commission collected less than two per cent of the $510 MILLION in fines it had issued, the investigation found.’
‘James had issued a written statement on Monday denouncing the dismal collection record and “encouraging” proposals for the commission, but her comments Wednesday were stronger and unequivocal.’ ‘On Wednesday, the finance minister said there is nobody in the province who could read the Postmedia report and think that a good job is being done.’ ‘James said she understands there are challenges, for example, with finding culprits who have left the province’ (ED: no such problem with this Application).
“But I don’t think there is anybody who would take a look and say its reasonable for people to be fined and then leave those fines unpaid or uncollected. And that is what is happening in British Columbia,” she said. “So, I expect that to change, and I have told the securities commission that.” ‘James added the securities commission was “eager” to look at options.’
‘Asked if there was a realistic amount she expected could be collected, she said it was too early to say.’ “But doing better than we are doing is an important bar, and that’s what I’ve said.” ‘In an email, B.C. Securities Commission media relations Alison Walker said: “We are looking forward to working collaboratively with the Ministry of Finance on possible new mechanism to bolster our current efforts.”
‘Penalties are issued for violations such as fraudulently raising money through Ponzi schemes, and pump-and-dump scams where share prices are raised artificially and then sold off.’ ‘Some victims have lost life savings and are galled that the fraudsters are getting away without paying penalties.” ‘Experts say that if these fines are not collected, it can create a situation of impunity, which fosters more violations.’
‘The BC Securities Commission has acknowledge the poor collection rate, but says that is the nature of fraudulent activity.’ (ED: Really Magnum). ‘The perpetrators make collection difficult because they have usually spent or hidden the money, or fled.’ ‘The Postmedia investigation, however, tracked down potential assets totaling $30 MILLION held by fraudsters who had not paid their penalties. One fraudster owned a $700,000 house in Las Vegas another $1.4 million condo in Hawaii.’
This Application for relief by Ita & Glen Robbins and this particular designation is certainly reasonable given the evidence of perpetrator lawyers particularly Ron Bakonyi (Peet & Cowan Financial Services, Cambridge Mortgage Investment Corporation) evading Mediation under Civil action BCSC 149328 (New Westminster), as well as BC Attorney General lawyers evading Mediation without cause in another matter (Glen P. Robbins v WorkSafeBC), which is also potential subject matter for Unlawful Activity application and is also subject matter of BCSC 149328.
Lastly, at the end of the Application are suggested compensation amounts for Ita Robbins et al and apportionments of ‘blame’ as it were to each party. To the extent that the Government of BC is culpable (to our position) of 12 percent, the Applicants would waive this amount in order to maintain no conflict with the Application to the Government - and in furtherance of the good faith of the Applicants to maintain the solvency of the system and to support the costs of the Director and investigation.
(Intentional and malicious bad faith occurred at the regular and appeal levels of WorkSafe BC as this pertains to Glen P. Robbins including by the Chair of Appeals). Please note recipients of this Application and other supporting Information to the following who are copied herein:
The Law Society of British Columbia (Benchers) 845 Cambie Street, Vancouver, BC V6B 4Z9 Fax: 604 669 5232 The Law Society of Ontario (Benchers) Law Society of Ontario, Osgoode Hall, Queen St., West Toronto, Ontario M5H 2N6 Fax: 1 416 947 3924
Ministry of the Attorney General (Ontario) McMurty-Scott Building, 720 Bay Street, Toronto, Ontario M7A 2S9 Fax: 1 416 326 4007 Ministry of the Attorney General (British Columbia) PO Box 9044 Stn Prov Govt, Victoria, BC V8W 9E2 Fax: 1 250 356 2965
BC Executive Council, ℅ Lieutenant Governor of B.C. (no appropriate contacts provided for BC Executive Council), 1401 Rockland Avenue, Victoria, B.C., V8S 1V9 Fax: 1 250 387 2078
Minister of Public Safety and Solicitor General PO Box 9010 Stn Prov Govt, Victoria, BC V8W 9E2 Fax: 1 250 356 2965
Office of the Police Complaint Commissioner, #501-947 Fort Street, Victoria, B.C., PO Box 9895, Stn Prov Govt, Victoria, BC V8W 978 Email: info@opcc.bc.ca Fax: 1 250 356 6503
Federal Government of Canada (on behalf of the Royal Canadian Mounted Police “RCMP”), Civilian Review and Complaints Commission for the RCMP (NB “malice” “bad faith”) Fax: 1 613 960 6147
Coquitlam Mayor & Council (see also Picton Murders @robbinssceresearch.com), ℅ 3000 Guildway Way, Coquitlam, BC V3B 7N2 Fax: 604 927 3015.
Overview of the BC Civil Forfeiture Act
BC’s Civil Forfeiture Act allows the provincial government without notice to take monies from persons involved in “Unlawful Activity” and pay those proceeds out to victims of “Unlawful Activities.” Unlawful Activities are not necessarily criminal in nature, though they may be.
A successful application for proceeds from the specific account for Civil Forfeiture is based on attaining a standard of balance of probabilities (the party who is deemed most truthful wins). The person identified under the Act to commence action on a claim for proceeds from the account in General Revenues is called a “director” who is appointed by the BC Attorney General.
As one can see from the Act, the director (a person like Carole James qualified under the Public Service Act) is relatively broad and some critics might argue draconian power and discretion to take action on an application for proceeds or to take property from persons involved in Unlawful Activities.
The Regulations under the BC Civil Forfeiture Act stipulate a clear authoritative role for the Lieutenant Governor in Council (The Executive/Cabinet). The Act provides the Government of British Columbia (Canada) with the power to seize property (including cash) without notice to the party deemed to have benefitted from Unlawful Activity.
I note that an application to the BC Court of Appeal can be made on behalf of the Applicant IN REM meaning in the name of the Subject Property involved in the Unlawful Activity (1355 Honeysuckle Lane) rather than IN PERSONAM (the applicant’s personal names).
In this Act “court” means the Supreme Court; “director” means a person who is designated as director under section 21 (1); “forfeiture order” means a court order made under section 5 (1) or (2); “Instrument of unlawful activity” means any of the following: Property that has been used to engage in unlawful activity that, in turn (i) resulted in or was likely to result in the acquisition of property or an interest in property, or (ii) caused or was likely to cause serious harm to a person; Property that is likely to be used to engage in unlawful activity that (i) result in the acquisition of property or an interest in property, or (ii) cause serious bodily harm to a person; Property that is realized from the disposition of property described in paragraph (a) or (b) under an order of the court under an order of the court under section 8(3)(d) or 11.02 (3)(b).
{8 (3)(d)} “As part of a proceeding an order for the disposition of the property or the whole or the portion of the interest in property in order to better preserve the value of the property or the whole or the portion of the interest in the property”
{11:02 (3)(b)} “Before commencing a proceeding an order for the disposition of the property or the whole or the portion of the interest in property in order to better preserve the value of the property or the whole of the portion of the interest in property.”
Part 1 Interpretation “Unlawful Activity” means an act or omission described in one of the following paragraphs (a) if an act or omission occurs in British Columbia, the act or omission, at the time of occurrence, is an offence under an Act of Canada or British Columbia (b) if an act or omission occurs in another province of Canada, the act or omission, at the time of the occurrence, (i) is an offence under an Act of Canada or the other province, as applicable, and (ii) would be an offence in British Columbia, if the act or omission had occurred in British Columbia; (c) if an act or omission occurs in a jurisdiction outside of Canada, the act or omission, at the time of the occurrence, (i) is an offence under an Act of the jurisdiction, and (ii) would be an offence in British Columbia, if the act or omission had occurred...in British Columbia, but does include an act or omission that is an offence (d) under a regulation of a corporation, or (e) under an enactment of any jurisdiction if the enactment or the jurisdiction is prescribed under this Act. (2) For the purposes of the definition of “proceeds of unlawful activity”, “equivalent in value” means equivalent in value as determined or established by the regulation.
Application for Forfeiture Order
3 (1) The director may apply to the court for an order forfeiting to the government (the whole of an interest in property that is proceeds of “unlawful activity”, or (b) the portion of an interest in property that is proceeds of “unlawful activity”. 3 (2) The director may apply to the court for an order forfeiting to the government property that is “an instrument of unlawful activity”. 3 (3) An application for a forfeiture order under this section applies only with respect to property or an interest in property located in British Columbia.
Parties and Notification
4 (1) In proceedings commenced under section 3 (1), the director must name as a party (a) a person who is a registered owner of the whole or the portion of the interest in property that is the subject of the application for forfeiture, and (b) a person who the director has reason to believe is an unregistered owner of the property that is the subject of the application for forfeiture. 4 (2) In proceedings commenced under section 3 (2), the director must name as a party (a) a person who is a registered owner of the property that is the subject of the application for forfeiture, and (b) a person who the director has reason to believe is an unregistered owner of the property that is the subject of the application for forfeiture. 4 (3) In proceedings commenced under section 3 (1) & 3 (2), the director must (a) notify a person if required to do so by the court or the regulations, and (b) notify a person in the manner established by the regulations…
Forfeiture Order
5 (1) Subject to section 6, if proceedings are commenced under section 3 (1), the court must make an order forfeiting to the government the whole or the portion of an interest in property that the court finds is proceeds of unlawful activity. 5 (2) Subject to section 6 and section 13 (1), if proceedings are commenced under section 3 (2), the court must make an order forfeiting to the government property that the court finds is an instrument of unlawful activity.
{Section 6 (1) If a court determines that the forfeiture of property or the whole or a portion of an interest in property under this Act is clearly not in the interests of justice, the court may do any of the following: (a) refuse to issue a forfeiture order, (b) limit the application of the forfeiture order, (c) put conditions on the forfeiture order}. {Section 6 (2) In the case of property that is proceeds of unlawful activity, the court may grant relief from forfeiture under subsection (1) if a party to the proceedings commenced under section 3 (1) proves both of the following: (a) she or he did not directly or indirectly acquire the property as a result of the unlawful activity committed by the party; (b) she or he (i) was the rightful owner before the unlawful activity occurred and was deprived of possession or control of the property by means of the unlawful activity, (ii) acquired the property for fair value after the unlawful activity occurred and did not know and could not reasonably have known at the time of the acquisition that the property was proceeds of unlawful activity, (iii) acquired the property from (A) a person who was the rightful owner before the unlawful activity occurred and who was deprived of possession or control of the property by means of the unlawful activity or (B) a person who acquired the property the unlawful activity occurred and could not have reasonably have known at the time of the acquisition that the property was proceeds of unlawful activity}
{Section 13 (1) Subject to subsection (3), if a court finds (a) that property is an instrument of unlawful activity and (b) that a person is an uninterested holder with respect to that property, the court must make the orders necessary to protect the interest in the property held by the uninvolved interest holder}. 13 (3) A court may refuse to issue a protection order if the issuance is clearly not in the interests of justice}.
Part 3 Court Orders - Division 1 - Interim Preservation Orders
8 (1) As part of a proceeding under section 3 (1) for forfeiture of the whole or a portion of an interest in property, the director may apply to the court for one or more interim preservation orders in relation to (a) the whole or the portion of the interest in property, or (b) the property in which the whole or the portion of interest in property is held. 8 (2) As part of a proceeding under section 3 (2) for forfeiture of property, the director may apply to the court for one or more interim preservation orders in relation to the property. (2.1) The director may apply for an order under subsection (1) or (2) on her or his own initiative or on consent of one or more parties to the proceeding under section 3. 8 (3) On application under subsection (1) or (2), the court may make one or more of the following orders relating to the preservation, management or disposition of property…(a) an order restraining the disposition or transmission of the property…(b) an order for the possession, delivery to the director of safekeeping of property, (c) an order appointing a person to act as a receiver manager, (d) an order for the disposition of the property…(e) an order directing that money arising from the disposition...be paid into court.
Order Made Without Notice
9 (1) Subject to subsection (c) a court may make an interim preservation order under section 8 without any notice to any person.
Preliminary order to preserve property.
11.02 (1) Before commencing a proceeding under section 3 (1) for forfeiture of the whole or a portion of an interest in property, the director may apply to the court for one or more of the orders described in subsection (3) of this section in relation to (a) the whole or the portion of the interest in property or (b) the property in which the whole or the portion of the interest is held. 11.02 (2) Before commencing a proceeding under section 3 (2) for forfeiture of property, the director may apply to the court for one or more of the orders described in subsection (3) of this section in relation to the property. 11.03 (1) Subject to subsection (2), a court may make an order under section 11.01 or 11.02 without notice to any person, (2) An order made without notice under section 11.02 may not be made for a period of greater than 60 days, (3) Unless the court orders otherwise, an application for an order under section 11.01 or 11.02 must be heard in private.
Division 2 - Protection Orders & Other Orders Related to Forfeiture
Protection Order
13 (1) Subject to subsection (3), if a court finds (a) that a property is an instrument of unlawful activity, and (b) that a person is an uninvolved interest holder with respect to that property, the court must make the orders necessary to protect the interest in the property held by the uninvolved interest holder. 13 (2) A protection order issued with respect to property that is subject to a forfeiture order has effect from the date that the forfeiture order is effective or is deemed to be effective unless the court orders a forfeiture unless the court orders otherwise.
Subject property is forfeited to government.
14.03 Subject to sections 14.04 to 14.10, subject property is forfeited to the government for disposal by the director for disposal by the director without having to commence proceedings under section 3.
Notice of forfeiture under this Part
{14.04 (1) The director must do the following to initiate forfeiture in relation to any subject property (a) register in the private property registry notice of forfeiture under this Part in relation to the subject property, unless the subject property is cash or is or would be refused registry in the personal property registry} (b) subject to section 14.06 (2), give written notice of forfeiture under this Party to each of the following: (i) the person from whom the subject property was seized, (ii) any other person claiming to be lawfully entitled to possession of the subject property, (iii) a person who the director has reason to believe may be a registered or unregistered owner of...interest in the property, (iv) the public body in possession of the subject property, (c) in accordance with subsections (2) and (3) of this section, publish notice of forfeiture under this Part in the subject property}. {14.04 (2) Notice under subsection (1) (a) must state (a) that the property is subject to forfeiture under this Part, and (b) that the property and all interests in the property may be affected under this Part, (3) Notice under subsection (1) (c) must be (a) published in a newspaper of general circulation in British Columbia and circulating in or near the area in which the subject property was seized or (b) published in the Gazette (4) Notice subsection (1) (b) (c) must (a) describe the subject property, (b) state the property is subject to forfeiture under this Part (c) (i) indicate where the the subject property was seized, (ii) the date the seizure, and (iii) the basis of the seizure, and (d) contain other information, if any, that may be prescribed under section 38 (2) (e.1)}.
Public body entitled to possession
14.05 On receiving notice respecting a subject property under section 14.04 (1) (b) (iv) a public body is entitled to maintain possession of the subject property, despite any other claim or interest or right of possession in the property, until the later of the following: (a) 30 days after the director gives the public body notice of the direction taken under section 14.08, (b) 30 days after the director notifies the public body under section 14.09 (2).
How notice is given to known interest holders
14.06 (1) Notice to a known interest holder may be given by registered mail to the last known address of the known interest holder. 14.06 (2) The notice requirement of section 14.04 (1) (b) does not apply if the address of a person referred to in that provision is unknown to the director. 14.06 (3) Notice sent by registered mail under this section is deemed to have been served on the person...on the 7th day after deposit with Canada Post unless the person received actual service before that day.
Application for forfeiture order
3(1) The director may apply to the court for an order forfeiting to the government (the whole of an interest in property that is proceeds of an unlawful activity, or (b) the portion of an interest in property that is proceeds of unlawful activity. 3(2) The director may apply to the court for an order forfeiting to the government property that is an instrument of unlawful activity. 3(3) An application for a forfeiture order under this section applies only with respect to property or an interest in property located in British Columbia.
Parties & Ratification
4(1) In proceedings commenced under section 3(1), the director must name as a party (a) a person who is registered owner of the whole or the portion of the interest in property that is the subject of the application for forfeiture, and (b) a person who the director has reason to believe is an unregistered owner of the property that is the subject of the application for forfeiture. 4(2) In proceedings commenced under section 3(2), the director must name as a party (a) a person who a registered owner of the property that is the subject of the application for forfeiture, and (b) a person who the director has reason to believe is an unregistered owner of the property that is the subject of the application for forfeiture. 4(3) In proceedings commenced under section 3(1) or 3(2), the director must (a) ratify a person if required to do so by the court or the regulations, and (b) notify a person in the manner established by the regulator, unless the court orders a different manner of Court Order Enforcement Act.
Proceedings
15.01 (1) The director may commence proceedings under section 3 by (a) a petition proceeding or, if *Rule 17-1 of the Supreme Court Civil Rules applies, a requisition proceeding or (b) an action. {*Rule 17-1 on Requisition use 17 (1) “A proceeding referred to in **2-1 (2) may be brought under this Rule if (a) all persons affected by the orders sought within the proceeding consent, (b) the proceeding is one of where notice need not be given.”} {Rule **2-1 (2): Commencing proceedings by petition or requisition **2-1 (2) “To start a proceeding in the following circumstances, a person must file a petition, or if *Rule 17-1 applies, a requisition”. ***2-1 (2) (g) “the relief sought relates to land is for (i) a declaration of a beneficial interest.” 16. “Findings of act in proceedings under Part & 3 or section 14.11 and the discharge of any presumption are to made on the *balance of probabilities.”
{*Balance of probabilities means that the case should be decided on the basis on the facts in the case are more likely to be true}.
Proof of unlawful activities
17 (2) “In proceedings under Part 2 or 3 or section 14.11, proof that a person was convicted, found guilty or found not criminally responsible on account of a mental disability is respect of an offence that constituents and unlawful activity is proof that the person engaged in the unlawful activity.”
If no conviction or finding of unlawful activity 18. “In proceedings under Part 2 or 3 or section 14.11, an unlawful activity may be found to have occurred even if (a) no person has been charged with an offence that constitutes the unlawful activity, or (b) a person charged with an offence that constitutes the unlawful activity was acquitted of all charges…”
Part 5 - Administrative Division 1 - Directors 21 (1) “The Minister may in writing designate or director a person who is appointed under the Public Service Act”; 21 (2) “The director may delegate, with or without conditions, any or all of the powers, functions and duties of the director under this Act to a person or class of persons.” 21 (3) “A delegation under subsection (2) must be in writing and may include any terms or conditions the director considers advisable.”
Division - Filing Notice of Application Filing notice in registry: 23 (1) “After commencing proceedings under section 3 that related to real property or the whole or a portion of an interest in property...the director may file, in the prescribed manner, in the land title office the prescribed form of notice setting out that the proceedings commenced may affect the real property in whole or a portion of the interest in the property that is real property…”
Division 3 - Notice of Intent to Commence Proceedings 23.01 (1) “In this section “court” means the Provincial Court, the Supreme Court or the Court of Appeal;” 23.01 (4) “If notice is served on a public body under subsection (2), a director must within 30 days after the notice is served, (i) commence proceeding under section 3 in relation to the personal property, or (ii) withdraw notice of the intent to commence proceedings”
Part 6 - Distribution of Proceeds 24. “In this Part and Part 7; “civil forfeiture account” means the special account established by section 25; “eligible victim” means a person who (a) suffered pecuniary loss as a direct result of an unlawful activity that resulted in forfeiture under this Act of property or the whole or a portion of an interest in property, (b) did not directly or indirectly engage in the unlawful activity, (c) meets the criteria prescribed under this Act.”
Establishment of Civil Forfeiture Account. 25 (1) “There is established a special account in the consolidated revenue fund called the civil forfeiture account.” 25 (2) “The civil forfeiture account consists of money paid into the account under section 26”.
Allocation of Funds 26. “The director must pay into the civil forfeiture account (a) cash forfeited to the government under this Act, (b) proceeds resulting from the disposition of property or the whole or portion of an interest in property forthwith to the government under this Act, and (c) money paid to the government in settlement of an Application or act under this Act.”
Payment out of civil forfeiture account. 27 (1) “Subject to this Act and the regulations, the director may make payments out of the civil forfeiture account for one or more of the following purposes: (a) compensation of eligible victims; (b) prevention of unlawful activities; (c) remediation of the effect of unlawful activities; (d) administration of the Act, including, without limitation, any costs related to the preservation, management or disposition of property or the whole or a potion of an interest in property for purposes of this Act; (d.1 compliance with an order of the court under 14.11 (8) (e) other prescribed purposes. (2) The director may make payments out of the civil forfeiture account for purposes referred to in subsection (1) (e) only with the approval of the Minister of Finance.”
Application for Compensation 28. “A person may apply, in accordance with the regulations, for compensation from the civil forfeiture account as an eligible victim” Payment to Eligible Victim 29 (1) Subject to this Act and the regulations and on receipt of an application under section 28, the director may pay an amount to an eligible victim in the circumstances and subject to the conditions and limitations that the director considers appropriate.
Manner of Payment 30 In compensating an eligible victim under section 27, the director may do the following: (a) pay an eligible victim in one or more instalments (b) prorate payments in accordance with the regulations among eligible victims or a category of eligible victims. Limitation Periods 35 (1) “The time limit for the director commencing an action, a petition proceeding or a requisition proceeding under this Act is 10 years from the date on which the unlawful activity occurred.” 35 (2) “The time limit for a person commencing an action against the government under section 14.11 is 2 years after the expiry of the dispute period under Part 3.1.
Regulations 38 (1) “The Lieutenant Governor in Council (Horgan Cabinet) may make regulations referred to in section 41 of the Independence Act.” 38 (2) “Without limiting subsection (1), the Lieutenant Governor may make regulations as follows: (a) governing the giving of notice of proceedings under this Act, including the application for and the information in support of an application for compensation under this Act; (b) respecting compensation of eligible victims under this Act, including the applicant for and the information in support of an application for compensation under this Act; (c) respect circumstances when no payment may be make to an eligible voter…”; (d) respecting the process for adjudication of an application for compensation and the factors to be considered in determining the amount, if any, if compensation to be awarded to an eligible victim; (h) respecting the civil forfeiture account and payments for that account; (i) defining a word or expression used but not otherwise defined in this Act; (j) prescribing forms for the purposes of the Act; (k.1); (M.1) establishing classes of persons or entities for the purposes of paragraph (c) of the definition of “financial institution” in section 22.02 (1) (notice to produce information); (n) establishing one or more methods or formulas for determining the interest or portion of an interest in property that is equivalent in value for the purpose of the the definition of “proceeds of unlawful activity; (o) determining net proceeds for the purpose of section 29 (2), including the establishment of one or more methods of calculating net proceeds.” 38 (3) In making regulations under this section, the Lieutenant Governor in Council may do one or more of the following: (a) make different regulations for different circumstances or classes of persons, property or unlawful activities; (b) delegate a matter to a person; (c) confer a discretion on a person. 40. This Act comes into force by regulation of the Lieutenant Governor in Council. Lieutenant Governor in Council: “The term “Lieutenant Governor in Council appears in many documents, such as acts of any legislation. Legally, it refers to the Lieutenant Governor acting on and with the advice of the Executive Council or Cabinet. When Cabinet makes a suggestion and it has been approved by the Lieutenant Governor, it is said to have been made by the Lieutenant Governor in Council.
Coming in Vol 2: The Application for Declaration of Unlawful Activity (Brief of the Binder Submissions) as a Basis for Payment to Eligible Person:

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