Adequacy Standards
Proceeds of Crime Policy

Policy No: 02/00-43
Effective Date: July 26, 2000
Amended Date: March 24, 2004
Policy No: 01/04

Policy Statement

The Regional Municipality of York Police Services Board (‘the Board’) recognizes that many criminal activities are profit-driven.  Criminals involved in drug trafficking, organized crime and terrorism use a variety of means to make the proceeds of their crimes appear legitimate.  The Board understands that an effective law enforcement response to profit-driven offences will target the profits gained through illegal activities and involve the cooperation of multiple stakeholders.
 
Therefore, it is the policy of the Board to support proceeds of crime investigations by the York Regional Police, thereby reducing crime by making it harder for criminals to keep and use their profits.
 
Furthermore, it is the policy of the Board that the York Regional Police develop partnerships with other law enforcement agencies, financial institutions, government agencies and businesses in their efforts to combat profit-driven offences in York Region. 

Policy requirements set out in this document shall form part of the Police Services Board Policy Manual and the Chief of Police shall comply with these requirements in directing the York Regional Police. 

1.     Application and Scope 

This policy applies to all Members of York Regional Police.

2.    Purpose

To provide the Chief of Police with guidelines for conducting proceeds of crime investigations.

3.    Statutory Authority

Section 29 of the Adequacy Standards Regulation requires a Police Services Board to have a policy on investigations into proceeds of crime.  

4.  Definition

Proceeds of Crime

Section 462.3 (1) of the Criminal Code of Canada defines proceeds of crime as ‘any property, benefit or advantage, within or outside Canada, obtained or 

derived directly or indirectly as a result of an indictable offence that would have constituted such an offence it if it had occurred in Canada.’  

Proceeds of crime include money, equipment, real property and other assets. 

The proceeds of crime refer to money that has been obtained from such criminal activities as drug trafficking, bribery, fraud, forgery, murder, robbery, counterfeiting money, and manipulating stock prices, and made to appear legitimate.  

5.   Policy Guidelines

  1. York Regional Police shall take all reasonable steps to ensure that proceeds of crime are not returned to the individuals who committed the profit-driven offences.

  2. York Regional Police shall comply with provincial and federal legislation and guidelines governing the seizure and maintaining of proceeds of crime.

  3. York Regional Police shall pursue the forfeiture of proceeds of crime in all appropriate circumstances.  

6.   Responsibilities of the Chief of Police

  1. The Chief of Police shall develop and maintain procedures that require that investigations be undertaken and managed in accordance with the police service’s criminal investigation management plan;

  2. The Chief of Police shall ensure that officers involved in the investigation of proceeds of crime have the knowledge, skills and abilities required, including knowledge of the relevant provincial and federal legislation and guidelines.

  3. The Chief of Police shall use appropriate opportunities to increase public awareness on money laundering activities. 

7.  Reporting Requirements

As part of the annual review of compliance with Adequacy Standards, the Chief of Police shall report to the Board on the seizure of proceeds of crime in York Region. 

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