Higher Thresholds Set for Criminal Property Seizures

The Seizure of Criminal Property Amendment Regulations, 2025, enacted under the authority of The Seizure of Criminal Property Act, 2009, introduce several updates to the regulatory framework surrounding the forfeiture and preservation of criminal property in Saskatchewan. These amendments seek to strengthen enforcement mechanisms, expand the scope of prescribed law enforcement agencies, adjust financial thresholds for property valuation, and introduce new procedural forms to support fair administration of the law.
One significant change comes in the form of new sections 2.1, 2.2, and 2.3. Section 2.1 formally recognizes additional organizations as prescribed law enforcement agencies for the purpose of the Act. In particular, the Canada Border Services Agency is designated as a law enforcement body under the provincial legislation, giving it a defined role in matters of property seizure linked to cross-border criminal activity. In addition, conservation officers and traffic officers employed by the Ministry of Corrections, Policing and Public Safety are granted equivalent standing. This expansion ensures that frontline officers beyond traditional police forces are empowered to act under the Act’s provisions.
Section 2.2 addresses the registration of preliminary preservation orders, which serve as an initial mechanism to secure assets suspected of being connected to criminal activity. The amendments specify that the procedures for registering preservation orders with respect to real property or personal property are to be consistent with sections 4 and 5 of the Act, with necessary modifications.
Section 2.3 sets a new prescribed financial threshold related to preliminary disclosure orders. The fair market value amount is established at $125,000, replacing the previous figure of $75,000. This adjustment reflects a recalibration of the financial scope under which property may be subject to specific forfeiture-related procedures, likely in recognition of inflation, changing property values, and the need to address more significant criminal assets.
The amendments also affect existing provisions of the regulations. Section 4.2 is modified to substitute the earlier threshold of $75,000 with the new $125,000 figure, ensuring consistency across the regulatory framework. Section 4.3 introduces a new requirement by adding subsection 1.1, which provides for an amended notice of dispute under section 10.71 of the Act. This notice must be submitted in a newly created Form A.1, included in the amended Appendix, and provides a structured mechanism for individuals disputing forfeiture proceedings or negotiating alternative arrangements such as monetary settlement with the Crown.
By incorporating federal agencies, broadening the role of provincial officers, and improving procedural clarity, these changes provide a stronger framework for disrupting criminal enterprises and ensuring that property linked to unlawful activity can be effectively addressed under the law.
Saskatchewan (63/2025) August 13, 2025
Disclaimer: Insights are for informational purposes only and do not reflect RRI’s official position or constitute legal opinion.