Marginal note:Service of notices
31. The service of the President’s notice under section 26 or the notice of the Minister’s decision under section 27 is sufficient if it is sent by registered mail addressed to the person on whom it is to be served at their latest known address.
- 2000, c. 17, s. 31;
- 2005, c. 38, s. 127.
Third Party Claims
Marginal note:Interest as owner
32. (1) If currency or monetary instruments have been seized as forfeit under this Part, any person or entity, other than the person or entity in whose possession the currency or monetary instruments were when seized, who claims in respect of the currency or monetary instruments an interest as owner or, in Quebec, a right as owner or trustee may, within 90 days after the seizure, apply by notice in writing to the court for an order under section 33.
Marginal note:Date of hearing
(2) A judge of the court to which an application is made under this section shall fix a day, not less than 30 days after the date of the filing of the application, for the hearing.
Marginal note:Notice to President
(3) The applicant shall serve notice of the application and of the hearing on the President, or an officer delegated by the President for the purpose of this section, not later than 15 days after a day is fixed under subsection (2) for the hearing of the application.
Marginal note:Service of notice
(4) The service of a notice under subsection (3) is sufficient if it is sent by registered mail addressed to the President.
Marginal note:Definition of “court”
(5) In this section and sections 33 and 34, “court” means
(a) in the Province of Ontario, the Superior Court of Justice;
(b) in the Province of Quebec, the Superior Court;
(c) in the Provinces of Nova Scotia and British Columbia, the Yukon Territory and the Northwest Territories, the Supreme Court;
(d) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench;
(e) in the Provinces of Prince Edward Island and Newfoundland, the Trial Division of the Supreme Court; and
(f) in Nunavut, the Nunavut Court of Justice.
- 2000, c. 17, s. 32;
- 2001, c. 41, s. 63;
- 2005, c. 38, s. 127;
- 2006, c. 12, s. 17.
33. If, on the hearing of an application made under subsection 32(1), the court is satisfied
(a) that the applicant acquired the interest or right in good faith before the contravention in respect of which the seizure was made,
(b) that the applicant is innocent of any complicity in the contravention of subsection 12(1) that resulted in the seizure and of any collusion in relation to that contravention, and
(c) that the applicant exercised all reasonable care to ensure that any person permitted to obtain possession of the currency or monetary instruments seized would report them in accordance with subsection 12(1),
the applicant is entitled to an order declaring that their interest or right is not affected by the seizure and declaring the nature and extent of their interest or right at the time of the contravention.
- 2000, c. 17, s. 33;
- 2006, c. 12, s. 18.
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