section 490.1(1)

SECTION WORDING

490.1(1) Subject to sections 490.3 to 490.41, if a person is convicted of an indictable offence under this Act or the Corruption of Foreign Public Officials Act and, on application of the Attorney General, the court is satisfied, on a balance of probabilities, that any property is offence-related property and that the offence was committed in relation to that property, the court shall (a) where the prosecution of the offence was commenced at the instance of the government of a province and conducted by or on behalf of that government, order that the property be forfeited to Her Majesty in right of that province and disposed of by the Attorney General or Solicitor General of that province in accordance with the law; and (b) in any other case, order that the property be forfeited to Her Majesty in right of Canada and disposed of by the member of the Queens Privy Council for Canada that may be designated for the purpose of this paragraph in accordance with the law.