Consumer Packaging and Labelling Act (R.S.C., 1985, c. C-38)

16. (1) Where proceedings have not been instituted in respect of the contravention in relation to which any product or other thing was seized and detained pursuant to subsection 15(1), the Minister may, before the expiration of the period referred to in paragraph 15(4)(c) and on the serving of prior notice in accordance with subsection (2) on the owner of the product or other thing or on the person in whose possession the product or other thing was at the time of seizure, apply to a provincial court judge within whose territorial jurisdiction the seizure was made for an order extending the time during which the product or other thing may be detained.

(2) The notice referred to in subsection (1) shall be served by personal service at least five clear days prior to the day on which the application is to be made to the provincial court judge or by registered mail at least seven clear days prior to that day and shall specify

• (a) the provincial court judge to whom the application is to be made;

• (b) the place where and the time when the application is to be heard, which time shall be not later than ten days after service of the notice;

• (c) the product or other thing in respect of which the application is to be made; and

• (d) the evidence on which the Minister intends to rely to show why the time during which the product or other thing may be detained should be extended.

(3) Where, on the hearing of an application made under subsection (1), the provincial court judge is satisfied that the product or other thing seized should continue to be detained, the provincial court judge shall order that

• (a) the product or other thing be detained for such additional period of time and on such conditions relating to the detention for that period as he deems proper, and

• (b) on the expiration of that period, the product or other thing be restored to the person from whom it was seized or to any other person entitled to possession thereof,

unless, before the expiration of that period, subparagraph 15(4)(c)(i) or (ii) applies.

(4) Where, on the hearing of an application made under subsection (1), the provincial court judge is not satisfied that the product or other thing seized should continue to be detained, the provincial court judge shall order that the product or other thing be restored to the person from whom it was seized or to any other person entitled to possession thereof on the expiration of the period referred to in paragraph 15(4)(c), unless

• (a) before the expiration of that period of time, subparagraph 15(4)(c)(i) or (ii) applies; or

• (b) at the time of the hearing, that period has then expired, in which event the provincial court judge shall order the restoration thereof forthwith to the person from whom it was seized or to any other person entitled to possession thereof.