Civil forfeiture in British Columbia allows the government to seize property that is alleged to be connected to unlawful activity or is proceeds of crime.
This process is carried out by the Director of Civil Forfeiture and operates independently of the criminal justice system.
This means that even if a person is not criminally charged or convicted there still can be civil proceedings against the property.
Unlike criminal proceedings, civil forfeiture actions are brought against the property itself, not the individual. As a result, the government does not need to prove that a owner of the property has been criminally charges or convicted of a criminal offence in order to initiate forfeiture of the property in the civil courts.
What Property Can Be Subject of Forfeiture Proceedings?
The scope of civil forfeiture is broad.
| The Director of Civil Forfeiture may seek to forfeit: | Any property that is alleged to be either: |
|---|---|
|
may be subject to forfeiture. |
What does the Director of Civil Forfeiture claim the purpose of Civil Forfeiture proceedings are?
The Director of Civil Forfeiture and the Courts have held that the purpose of civil forfeiture proceedings are:
(a) to take the profit out of unlawful activity;
(b) To prevent the use of property to unlawfully acquire wealth or cause bodily injury; and
(c) To compensate victims of crime and fund crime prevention remediation.
However, in reality the practical impact of civil forfeiture proceedings is that many individuals have their property unlawfully seized by the police and then referred to the Director of Civil Forfeiture.
While the criminal justice systems is premised on the presumption of innocence and requirements of the Crown to prove the offence beyond a reasonable doubt, in the civil context, the legal threshold and requirements is different and there is only a requirement for the Director of Civil Forfeiture to prove their case on balance of probabilities, which is a much lower threshold of proof.
When you are forced to defend a civil forfeiture claim many individuals may feel they have been unfairly targeted because they have not been criminally charged, because they were unaware of the unlawful activity occurring at the property or there are unproven and inaccurate allegations being used against them.
Recent Changes to the Law in BC (the Civil Forfeiture Act)
British Columbia has introduced new rules that expand and strengthen the civil forfeiture regime. These changes are intended to enhance the ability of the government to pursue property connected to unlawful activity, or proceeds of crime.
While the specifics of each amendment vary, the overarching themes include:
- Expanding the powers of the Civil Forfeiture Office
- Broadening the types of property that may be targeted
- Making it easier for the government to initiate and succeed in forfeiture proceedings
These changes signal a shift toward more aggressive and assertive use of civil forfeiture as an extension of law enforcement through referrals of property to the civil forfeiture office.
What Changed in 2026?
The Civil Forfeiture Amendment Act, 2026 (Bill 8) represents one of the most significant expansions of forfeiture powers in recent years.
While the government frames these changes as tools to combat organized crime and money laundering, the practical reality is a system that is now faster, broader, and more difficult to challenge.
1. You Can Lose Property by Default Even Without Notice
| Once you have been personally served with a Notice of Civil Claim, the rules require you to respond within 21 days. | If you fail to properly respond to a forfeiture claim: |
|---|---|
| One of the most concerning changes is the introduction of default and the new provisions allow for a default order may be made without notice to any person.
This means that if you fail to respond the Director can bring an application for default without advising you of this. |
This dramatically increases the importance of responding quickly and correctly to any claim. |
2. Higher Burden on Property Owners
The new amendments requires anyone defending a claim to provide detailed proof of their interest in the property, including:
- How the property was acquired
- What was paid for it
- Whether it is held for someone else
The intention of this provisions is to deal with potential issues of money laundering or having a property beneficially owned by another party who may not have any criminal history.
3. Harder to Challenge Forfeiture If Deadlines Missed
The amendments also restrict the ability to challenge forfeiture if deadlines are missed.
Once a notice of administrative forfeiture is received by a party, they have 67 days to complete a notice of dispute, if they fail to submit it, or the Director does not receive it in the specified time the property is deemed to be forfeited.
The new provisions now include “innocent failure” to respond to a “notice of dispute” and requires a party to establish, that the failing to dispute, or the Director receiving the notice more than 7 days after the expiry period, “were not the result of any wilful or deliberate action on the part of the claimant,” and “the proceedings were commenced as soon as reasonably possible after the claimant learned of the forfeiture.”
4. Expanded Government Powers to Share Information
The Director now has broader authority to:
- Collect information from other jurisdictions
- Share information with external agencies
This reflects a shift toward coordinated enforcement, particularly in cases involving alleged financial crime and money laundering.
5. Faster and More Efficient Seizure Process
Several procedural timelines have been extended or streamlined for the benefit of the Director is Civil Forfeiture, and new provisions allow for:
- More efficient court processes
- Quicker disposition of assets (especially vehicles, which are presumed to depreciate over time)
The result is a system designed to move quickly—often faster than individuals can react.
Why This Matters?
These changes are not just technical.
They represent the Director of Civil Forfeiture aggressive approach to civil forfeiture proceedings, which is building upon the amendments to the Civil Forfeiture Act from 2023 with Bill c-21, which included, the notable changes including, unexplained wealth orders, cannabis related offences and procedural amendments.
This is important to respond promptly to receiving any documents from the Director of Civil Forfeiture, including Notice of Administrative Forfeiture, or Notice of Civil Claim because you can:
- Lose assets without being charged with a crime;
- Face a compressed timeline to respond;
- Be required to prove and/or plead your financial history and ownership
For many people, the process itself becomes the challenge.
What Should You Do If You’re Affected?
If your property is seized by the police, you have received notice of a forfeiture or a Notice of Civil Claim:
- Do not ignore it – document down important deadlines
- Act immediately;
- Seek legal advice as early as possible
Early intervention can make the difference between being able to advance your case in civil proceedings in support of keeping your property and losing it permanently.
British Columbia’s civil forfeiture regime has evolved into a powerful enforcement tool. With the 2026 amendments, the balance has shifted further in favour of the state.
❗ Understanding your rights, and acting quickly, has never been more important.
Need Advice? Ask Vancouver civil forfeiture lawyers
If you are facing a civil forfeiture proceedings, or have had property seized by the police, or are concerned about potential civil forfeiture proceedings, speaking with experienced counsel early can protect your position and help you navigate this increasingly complex area of law.
Mickelson, Whysall and Moore can help you when facing civil forfeiture proceedings.
If your assets have been seized by the Civil Forfeiture Office, please contact us now for immediate legal advice.
???? Call us today: 604-688-8588 ???? Office: Suite 1005, 128 West Pender Street, Vancouver, BC V6B 1R8 ✉️ Email: [email protected]
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