Asset Seizure Overhaul

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At second reading in the Senate

S-278
October 4, 2023 (a year ago)
Canadian Federal
Senate
Third reading
0 Votes
Full Title: An Act to amend the Special Economic Measures Act (disposal of foreign state assets)
Economics
Foreign Affairs
National Security

Summary

The proposed amendments to the Special Economic Measures Act introduce significant changes in how Canada manages seized assets from foreign states. Property owners are now held financially responsible for costs related to asset seizure, which can create a debt owed to the government. The act also expands the authority of the RCMP in asset seizures, allowing them to assist in investigations and forfeitures.

What it means for you

Various groups may be affected, including business owners who hold property linked to foreign entities, individuals whose assets may be seized, and those involved in international commerce. This could impose financial burdens on innocent property owners who may not be responsible for the actions leading to the seizure.

Expenses

The new provisions impose the financial burden of seizure-related costs onto property owners, meaning they could face substantial expenses if their assets are seized. For the government, managing seized properties could incur additional costs, but supporters argue that these can be offset by the revenues from disposed assets. However, critics worry about the potential inefficiency and misallocation of public funds stemming from these operations.

Proponents view

Supporters argue these amendments enhance national security by ensuring that foreign entities engaged in misconduct contribute to the costs associated with their asset management. They believe that empowering the RCMP to act swiftly ensures that the government can protect Canadian interests and respond appropriately to threats from foreign states.

Opponents view

Critics contend that making property owners liable for seizure costs is unfair, especially to those not culpable in foreign misconduct. They are concerned about potential abuses of power granted to the RCMP, lack of accountability in asset management, and the risk of significant financial repercussions for innocent business entities. There's also an apprehension that sweeping governmental powers might undermine legal rights and lead to retaliatory actions from foreign governments.

Original Bill