CRIMES AGAINST HUMANITY FUND
Fund established
30. (1) There is hereby established a fund, to be known as the Crimes Against
Humanity Fund, into which shall be paid
(a) all money obtained through enforcement in Canada of orders of the
International Criminal Court for reparation or forfeiture or orders of that Court
imposing a fine;
(b) all money obtained in accordance with section 31; and
(c) any money otherwise received as a donation to the Crimes Against Humanity
Fund.

Payment out of Fund
(2) The Attorney General of Canada may make payments out of the Crimes
Against Humanity Fund, with or without a deduction for costs, to the International
Criminal Court, the Trust Fund established under article 79 of the Rome Statute,
victims of offences under this Act or of offences within the jurisdiction of the
International Criminal Court, and to the families of those victims, or otherwise as the
Attorney General of Canada sees fit.

Regulations
(3) The Governor in Council may make regulations respecting the administration
and management of the Crimes Against Humanity Fund.

Credits to Fund
31. The Minister of Public Works and Government Services shall pay into the
Crimes Against Humanity Fund
(a) the net proceeds received from the disposition of any property referred to in
subsections 4(1) to (3) of the Seized Property Management Act that is forfeited to
Her Majesty and disposed of by that Minister, if the property was derived as the
result of the commission of an offence under this Act; and
(b) amounts paid or recovered as a fine imposed under subsection 462.37(3) of
the Criminal Code in relation to proceedings for an offence under this Act.

Partial exclusion of Seized Property Management Act
32. Paragraphs 9(d), (e) and (f) and sections 10, 11 and 13 to 16 of the Seized
Property Management Act do not apply in respect of any property, proceeds of
property or amounts referred to in section 31

CRIMES AGAINST HUMANITY FUND


30. Fund established

(1) There is hereby established a fund, to be known as the Crimes Against
Humanity Fund, into which shall be paid

(a) all money obtained through enforcement in Canada of orders of the
International Criminal Court for reparation or forfeiture or orders of that Court
imposing a fine;
(b) all money obtained in accordance with section 31; and
(c) any money otherwise received as a donation to the Crimes Against Humanity
Fund.


30. Payment out of Fund

(2) The Attorney General of Canada may make payments out of the Crimes
Against Humanity Fund, with or without a deduction for costs, to the International
Criminal Court, the Trust Fund established under article 79 of the Rome Statute,
victims of offences under this Act or of offences within the jurisdiction of the
International Criminal Court, and to the families of those victims, or otherwise as the
Attorney General of Canada sees fit.


30. Regulations

(3) The Governor in Council may make regulations respecting the administration
and management of the Crimes Against Humanity Fund.


31. Credits to Fund

The Minister of Public Works and Government Services shall pay into the
Crimes Against Humanity Fund

(a) the net proceeds received from the disposition of any property referred to in
subsections 4(1) to (3) of the Seized Property Management Act that is forfeited to
Her Majesty and disposed of by that Minister, if the property was derived as the
result of the commission of an offence under this Act; and
(b) amounts paid or recovered as a fine imposed under subsection 462.37(3) of
the Criminal Code in relation to proceedings for an offence under this Act.


32. Partial exclusion of Seized Property Management Act

Paragraphs 9(d), (e) and (f) and sections 10, 11 and 13 to 16 of the Seized
Property Management Act do not apply in respect of any property, proceeds of
property or amounts referred to in section 31.

Crimes Against Humanity and War Crimes Act 2000

9.(3) No proceedings for an offence under any of sections 4 to 7 of this Act, or under section 354 or subsection 462.31(1) of the Criminal Code in relation to property or proceeds obtained or derived directly or indirectly as a result of the commission of an offence under this Act, may be commenced without the personal consent in writing of the Attorney General or Deputy Attorney General of Canada, and those proceedings may be conducted only by the Attorney General of Canada or counsel acting on their behalf.

Crimes Against Humanity and War Crimes Act 2000

30. (1) There is hereby established a fund, to be known as the Crimes Against Humanity Fund, into which shall be paid

(a) all money obtained through enforcement in Canada of orders of the International Criminal Court for reparation or forfeiture or orders of that Court imposing a fine;

(b) all money obtained in accordance with; section 31; and

(c) any money otherwise received as a donation to the Crimes Against Humanity Fund.

(2) The Attorney General of Canada may make payments out of the Crimes Against Humanity Fund, with or without a deduction for costs, to the International Criminal Court, the Trust Fund established under article 79 of the Rome Statute, victims of offences under this Act or of offences within the jurisdiction of the International Criminal Court, and to the families of those victims, or otherwise as the
Attorney General of Canada sees fit.

(3) The Governor in Council may make regulations respecting the administration and management of the Crimes Against Humanity Fund.

31. The Minister of Public Works and Government Services shall pay into the
Crimes Against Humanity Fund

(a) the net amount received from the disposition of any property referred to in subsections 4(1) to (3) of the Seized Property Management Act that is

(i) proceeds of crime within the meaning of the , obtained or derived directly or indirectly as a result of the commission of an offence under this Act, and

(ii) forfeited to Her Majesty and disposed of by that Minister; and

(b) any amount paid or recovered as a fine imposed under of subsection 462.37(3) of the Criminal Code in substitution for the property referred to in paragraph (a).

• 2000, c. 24, s. 31;

• 2001, c. 32, s. 61.

Partial exclusion of Seized Property Management Act

32.( Paragraphs 9(d), (e) and (f) and, sections 10, 11 and 13 to 16 of the Seized Property Management Act do not apply in respect of any property, proceeds of property or amounts referred to in. section 31

Article 109
Enforcement of fines and forfeiture measures
1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.
2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.
3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.

This provision follows the ICC Statute.

The CAWCA 2000 incorporates procedures which currently exist under national law to implement any forfeiture orders imposed by the ICC. These allow the imposition of a monetary payment instead of a forfeiture where the rights of third parties mean that property cannot be forfeited. This power ensures that the goal of reparation to victims cannot be thwarted by third party interests, whilst taking into account those third parties with legitimate interests in the property.