It's an in rem procedure. No one need be charged with the crime. There's also section 320, which was originally put in the Criminal Code when the offences were created back in 1970—a different time, of course—which allowed for a judge to order the seizure and forfeiture of hate propaganda kept on premises for distribution or sale. Section 320.1 was meant to update and modernize that particular procedure to take into account the Internet.
On May 30th, 2019. See this statement in context.