Canadian Environmental Protection Act, 1999 (S.C. 1999, c. 33)

Marginal note:Custody

• 221. (1) Any thing seized under section 220 shall be delivered into the custody of any person that the Minister directs.

• Marginal note:Discharge of cargo

  (2) Where a thing seized under section 220 has cargo on board, the cargo may be discharged, under the supervision of

  • (a) the enforcement officer or other person by whom the thing was seized, or

  • (b) the person into whose custody the thing was delivered in accordance with subsection (1),

  at the place in Canada that is capable of receiving the cargo and that is nearest to the place of seizure, or at any other place that is satisfactory to the enforcement officer or other person supervising the discharge of the cargo.

• Marginal note:Sale of perishable cargo

  (3) Where a thing seized under section 220 has cargo on board that is perishable,

  • (a) the enforcement officer or other person by whom the thing was seized, or

  • (b) the person into whose custody the thing was delivered in accordance with subsection (1)

  may sell the cargo or the portion of it that is perishable, as the case may be, and the proceeds of the sale shall be paid to the Receiver General or shall be deposited in a bank to the credit of the Receiver General.

• Marginal note:Order for delivery of cargo

  (4) The owner of any cargo of anything seized under section 220 may apply to the Federal Court for an order requiring any person who has custody of the cargo or the proceeds of any sale thereof to deliver the cargo or the proceeds of sale to the owner, and the Court may make such an order where it is satisfied that the applicant is the owner of the cargo to which the application relates.

Marginal note:Redelivery on deposit of security

• 222. (1) Where a thing has been seized under section 220, the Federal Court may, with the consent of the Minister, order redelivery of the thing or delivery of the proceeds realized from a sale of any perishable cargo under subsection 221(3) to the person from whom the thing was seized if security in the form of a bond in an amount and form satisfactory to the Minister is given to the Minister.

• Marginal note:Seized ship, etc., to be returned unless proceedings instituted

  (2) Anything referred to in subsection (1) that has been seized under section 220, or any security given to the Minister under subsection (1), shall be returned or paid to the person from whom the thing was seized within 30 days after the seizure unless, before the expiry of those 30 days, proceedings are instituted in respect of an offence under this Act alleged to have been committed by the owner of the thing.

Marginal note:Arrest without warrant

222.1 An enforcement officer may arrest without warrant a person or ship that the enforcement officer believes, on reasonable grounds, has committed an offence against this Act or the regulations, or that the enforcement officer finds committing or about to commit an offence against this Act or the regulations.