Plant Protection Act (S.C. 1990, c. 22)
27. Where an inspector believes on reasonable grounds that a violation, or an offence under this Act, has been committed, the inspector may seize and detain any thing
(a) by means of or in relation to which the inspector believes on reasonable grounds the violation or offence was committed; or
(b) that the inspector believes on reasonable grounds will afford evidence in respect of the commission of a violation, or an offence under this Act.
- 1990, c. 22, s. 27;
- 1995, c. 40, s. 76.
Search
28. (1) Where on ex parte application a justice is satisfied by information on oath that there are reasonable grounds to believe that there is in any place any thing
(a) by means of or in relation to which a violation, or an offence under this Act, has been committed or is suspected of having been committed, or
(b) that there are reasonable grounds to believe will afford evidence in respect of the commission of a violation or an offence under this Act,
the justice may at any time sign and issue a warrant authorizing the inspector named in the warrant to enter and search the place for the thing and, subject to any conditions that may be specified in the warrant, to seize and detain it.
(2) The inspector who executes a warrant may exercise the powers described in section 25 and may seize and detain, in addition to any thing mentioned in the warrant, any other thing
(a) by means of or in relation to which the inspector believes on reasonable grounds a violation, or an offence under this Act, has been committed; or
(b) that the inspector believes on reasonable grounds will afford evidence in respect of the commission of a violation, or an offence under this Act.
(3) A warrant shall be executed by day unless the justice authorizes its execution by night.
(4) An inspector may exercise any of the powers referred to in subsections (1) and (2) without a warrant if the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be practical to obtain a warrant.
- 1990, c. 22, s. 28;
- 1995, c. 40, s. 77.
Disposition of Seized Things
29. An inspector who seizes and detains a thing under this Act shall, as soon as is practicable, advise the owner of the thing or the person having the possession, care or control of it at the time of its seizure of the reason for the seizure.
30. (1) An inspector who seizes and detains a thing under this Act, or any person designated by the inspector, may
(a) store, treat, quarantine or dispose of the thing at the place where it was seized or move it to any other place for storage, treatment, quarantine or disposition; or
(b) require its owner or the person having the possession, care or control of it at the time of its seizure to store, treat, quarantine or dispose of it or move it to any other place and store, treat, quarantine or dispose of it.
(2) A requirement under paragraph (1)(b) shall be communicated by personal delivery of a notice to the owner or person having the possession, care or control of the thing or by sending the notice to the owner or person, and the notice may specify the period within which or the manner in which the thing is to be moved, stored, treated, quarantined or disposed of.
(3) An inspector who seizes and detains a thing under this Act may dispose of it and any proceeds realized from its disposition shall be paid to the Receiver General.