Plant Protection Act

Version of section 34 from 2002-12-31 to 2015-02-26:

Marginal note:Disposal of forfeited things
  •  (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.

  • Marginal note:Return of seized things where no forfeiture ordered

    (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.

  • Marginal note:Exception

    (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.

  • 1990, c. 22, s. 34;
  • 1995, c. 40, s. 80.
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