Canada Agricultural Products Act (R.S.C., 1985, c. 20 (4th Supp.))

Marginal note:Redelivery on deposit of security

26. In proceedings for a violation the Tribunal may, and in proceedings for an offence under this Act the court in which the proceedings are or may be brought may, with the consent of the Minister, order redelivery of a thing seized under this Act, or delivery of any proceeds realized from its disposition under section 25, to the person from whom the thing was seized if security is given to the Minister in an amount and form satisfactory to the Minister.

Marginal note:Detention

• 27. (1) A thing seized under this Act, or the proceeds realized from its disposition under section 25, shall not be detained after

  • (a) an inspector determines that the thing is in conformity with the provisions of this Act and the regulations, or

  • (b) the expiration of one hundred and eighty days after the day of its seizure, or such longer period as may be prescribed,

  unless before that time proceedings are instituted in relation to the thing seized, in which case it may be detained until the proceedings are finally concluded.

• Marginal note:Application for return

  (2) Subject to subsection 28(2), where proceedings are instituted in accordance with subsection (1) in respect of a thing seized, other than an agricultural product bearing an agricultural product legend or a grade name, the owner of the thing or the person in possession of it at the time of its seizure may apply

  • (a) in the case of a violation, to the Tribunal, or

  • (b) in the case of an offence, to the court before which the proceedings are being held,

  for an order that the thing be returned.

• Marginal note:Order

  (3) Where the Tribunal or court, as the case may be, is satisfied that sufficient evidence exists or may reasonably be obtained without detaining the thing, the Tribunal or court may order it to be returned to the applicant, subject to any conditions the Tribunal or court may impose to ensure that it is preserved for any purpose for which it may subsequently be required.

Marginal note:Forfeiture

• 28. (1) Where the Tribunal decides that a person has committed a violation, or a person is convicted of an offence under this Act, the Tribunal or the convicting court, as the case may be, may, on its own motion or at the request of any party to the proceedings, in addition to any penalty or punishment imposed, order that any thing by means of or in relation to which the violation or offence was committed, or any proceeds realized from its disposition, be forfeited to Her Majesty in right of Canada.

• Marginal note:Forfeiture without conviction

  (2) Where the owner of a thing seized under this Act or the person in possession of it at the time of its seizure consents to its forfeiture, it is thereupon forfeited to Her Majesty in right of Canada.