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

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
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.

Article 79
Trust Fund
1. A Trust Fund shall be established by decision of the Assembly of States Parties for the benefit of victims of crimes within the jurisdiction of the Court, and of the families of such victims.
2. The Court may order money and other property collected through fines or forfeiture to be transferred, by order of the Court, to the Trust Fund.
3. The Trust Fund shall be managed according to criteria to be determined by the Assembly of States Parties.

This provision is narrower than the ICC Statute.

The CAHWCA 2000 provides the Attorney-General with a wide discretion as to whether or not to transfer to the ICC the property obtained through the enforcement of forfeiture orders. The Attorney-General may, alternatively, pay money directly to victims of the crimes, or their families, or otherwise do as he sees fit. This gives a wider discretion to the State than envisaged in the Rome Statute, which makes the transfer to the ICC mandatory ("shall be transferred to the Court"). Deduction of the costs of enforcement, which is explicitly allowed by the CAHWCA 2000, is not contemplated by the Rome Statute.