Marginal note:Forfeiture on consent
17. (1) Where an inspector has seized any product or other thing pursuant to subsection 15(1) and the owner thereof or the person in lawful possession thereof at the time of seizure consents in writing to the forfeiture of the product or other thing, the product or other thing is thereupon forfeited to Her Majesty.
Marginal note:Forfeiture or other disposal on conviction
(2) Where a person is convicted of an offence under this Act and any product or other thing seized pursuant to subsection 15(1) by means of which or in relation to which the offence was committed is then being detained, the product or other thing
(a) is, on that conviction, in addition to any punishment imposed for the offence, forfeited to Her Majesty if the forfeiture is directed by the court; or
(b) shall, on the expiration of the time for bringing an appeal from the conviction or on the final conclusion of the proceedings, as the case may be, be restored to the person from whom it was seized or to any other person entitled to possession thereof on such conditions, if any, relating to sale or advertising as may be imposed by order of the court and as, in the opinion of the court, are necessary to avoid the commission of any further offence under this Act.
Marginal note:Articles deemed not to have been seized
(3) For the purposes of subsection (2), any product or other thing released from detention pursuant to paragraph 15(4)(a) or (b) shall be deemed not to have been seized pursuant to section 15.
- 1970-71-72, c. 41, s. 17.
18. (1) The Governor in Council may make regulations
(a) exempting, conditionally or unconditionally, any prepackaged product or class of prepackaged product from any or all of the provisions of this Act or the regulations;
(b) exempting, conditionally or unconditionally, any type of transaction in relation to any prepackaged product or class of prepackaged product from the prohibition contained in section 4;
(c) defining the expression "principal display panel" for the purposes of this Act;
(d) prescribing the information that shall be shown on the container of a prepackaged product where any representation is made thereon that the prepackaged product is being offered for sale below the usual retail price;
(e) requiring the statement on the container of a prepackaged product of any information or representation required to be shown in a label, in addition to or in place of the statement of that information or representation in a label;
(f) prescribing the form and manner in which, including the language or languages in which, any information or representation required to be declared or shown in any label, on any container or in any advertisement shall be declared or shown;
(g) prescribing any expressions, words, figures, depictions or symbols the use of which, in relation to a prepackaged product, shall be deemed, unless the contrary is proven, to constitute a false or misleading representation;
(h) subject to any other Act of Parliament, extending or applying any provision of this Act to or in respect of any product or class of product specified in the regulations that is not a prepackaged product but is ordinarily sold to or purchased by a consumer
(i) otherwise than for resale or for use in the course of a business, trade or calling, or
(ii) with a label applied thereto, whether or not that label contains a declaration of net quantity;
(i) respecting the detention of products and other things seized and detained under section 15;
(j) respecting the disposition of products and other things forfeited under section 17;
(k) prescribing any matter or thing that by this Act may be prescribed; and
(l) generally for carrying out the purposes and provisions of this Act.
Marginal note:Where statement on container deemed to be label
(2) Where any information or representation is required by the regulations to be stated on the container of a prepackaged product in place of the statement of that information or representation in a label and is so stated, that statement on the container shall be deemed to be a label and to be applied to the prepackaged product.
- 1970-71-72, c. 41, s. 18.
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