Criminal Property Forfeiture
Process for Disputing an Administrative Forfeiture Proceeding
Timelines for filing a Notice of Dispute
How to file a Notice of Dispute
What happens after a Notice of Dispute is filed?
What happens if a Notice of Dispute is not filed?
Timelines for filing a Notice of Dispute
Notice by letter
If you received a Notice of Administrative Forfeiture Proceedings letter and wish to dispute the administrative forfeiture of subject property, your Notice of Dispute must be received by the deadline date indicated in your letter.
Notice by publication
If you did not receive a Notice of Administrative Forfeiture Proceedings letter, you likely saw the published notice in The Manitoba Gazette and/or read about it on the Property Currently Subject to Administrative Forfeiture page of this website. If this is the case, and you want to dispute the forfeiture, your Notice of Dispute must be received by the deadline date published in The Manitoba Gazette or posted on the website.
If you have any questions about how much time you have to file a Notice of Dispute, or where to deliver a Notice of Dispute, please Contact Us.
How to file a Notice of Dispute
If you decide to file a Notice of Dispute, it must be in writing and under oath. This means that the information in the Notice of Dispute document must include a signed declaration, made under oath, before a person authorized to administer both affidavits and statutory declarations pursuant to section 62(1) of The Manitoba Evidence Act.
You may download and complete this form, which will help you fill in the correct information:
Notice of Dispute [PDF]
NOTE: You do not need to use this form, but your Notice of Dispute must meet the requirements of section 17.6(2) of The Criminal Property Forfeiture Act.
What happens after a Notice of Dispute is filed?
If the Notice of Dispute meets the requirements of section 17.6(2) of The Criminal Property Forfeiture Act (the Act) and is postmarked within the time allowed for a dispute, the director has 60 days to either:
- begin a civil forfeiture action in court under Part 2 of the Act; or
- discontinue the proceedings.
If you filed a Notice of Dispute, a letter setting out the director’s decision will be mailed to the address provided.
If the director discontinues the proceedings, the public body that possesses the property will be notified of this decision at the same time you are.
What happens if a Notice of Dispute is not filed?
If no one with an interest in the property files a Notice of Dispute within the time limit, the property is forfeited to the government without further notice.