Plant Protection Act (S.C. 1990, c. 22)

31. Except as authorized in writing by an inspector, no person shall remove, alter or interfere in any way with a thing that is seized and detained under this Act.

• 32. (1) A thing that is seized and detained under this Act, or any proceeds realized from its disposition, shall not be detained after

  • (a) a determination by an inspector 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 seizure, or such longer period as may be prescribed,

  unless before that time proceedings are instituted in relation to the thing, in which case it, or the proceeds from its disposition, may be detained until the proceedings are finally concluded.

• (2) Where proceedings are instituted in accordance with subsection (1) in respect of the thing and it has not been disposed of, confiscated or forfeited under this Act or the regulations, the owner of the thing or the person having the possession, care or control 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 it be returned.

• (3) The Tribunal or court, as the case may be, may order that the thing be returned to the applicant, subject to such conditions as the Tribunal or court may impose to ensure that it is preserved for any purpose for which it may subsequently be required, where the Tribunal or court is satisfied that sufficient evidence exists or may reasonably be obtained without detaining the thing and that it is not a pest, is not infested with a pest and does not constitute a biological obstacle to the control of a pest.

• 33. (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.

• (2) Where the owner of a thing that is seized and detained under this Act consents to its forfeiture, it is thereupon forfeited to Her Majesty in right of Canada and shall be disposed of as the Minister may direct.

• 34. (1) Where proceedings mentioned in subsection 32(1) are instituted within the time provided in that subsection and, at the final conclusion of those proceedings, the Tribunal, in the case of a violation, or the court, in the case of an offence, orders the forfeiture of the thing that was seized and detained, it shall be disposed of as the Minister may direct.

• (2) Where the Tribunal or court, as the case may be, does not order the forfeiture of a thing, it or any proceeds realized from its disposition shall be returned to the owner of the thing or the person having the possession, care or control of it at the time of its seizure.

• (3) Where the Tribunal decides that the owner of a thing or the person having the possession, care or control of it at the time of its seizure has committed a violation, or the owner of a thing or the person having the possession, care or control of it at the time of its seizure is convicted of an offence under this Act, and a penalty or fine, as the case may be, is imposed,

  • (a) the thing may be detained until the penalty or fine is paid;

  • (b) the thing may be sold under execution in satisfaction of the penalty or fine; or

  • (c) any proceeds realized from its disposition under paragraph (b) or subsection 30(3) may be applied in payment of the penalty or fine.