Marginal note:Application by person from whom thing was seized
256. (1) If a thing was seized on the ground that it was fraudulently or improperly obtained or used, a person from whom it was seized may apply in writing within 30 days after the seizure for its return.
Marginal note:Return of thing
(2) The thing seized shall be returned to an applicant if the applicant demonstrates that it was not fraudulently or improperly obtained or used.
Marginal note:Notice of decision
(3) An applicant shall be notified in writing of the decision on the application and the reasons for it. If the applicant is notified by mail, notification is deemed to have been effected on the seventh day after the day on which the notification was mailed.
Marginal note:Sale of a seized thing
257. (1) Subject to subsections (2) and (3), if a thing seized is not returned to its lawful owner or the person from whom it was seized under section 254, 255 or 256, the thing shall be sold unless the costs of sale would exceed the monetary value of the thing, in which case the thing shall be destroyed.
Marginal note:Sale suspended
(2) A thing seized shall not be sold
(a) during the 15 days following notification of a decision not to return it under section 255 or 256; or
(b) before a final decision is made in any judicial proceeding in Canada affecting the seizure or the return of the thing seized.
Marginal note:Disposition of documents
(3) If a document is not returned to its lawful owner or the person from whom it was seized, the document shall be retained for as long as is necessary for the administration or enforcement of Canadian laws, after which it is subject to the applicable laws relating to the disposal of public archives.
Marginal note:Limitation period for seizures
258. No seizure may be made under subsection 140(1) of the Act in respect of the fraudulent or improper obtaining or use of a thing more than six years after that obtaining or use.
Marginal note:Prescribed persons
258.1 For the purposes of paragraph 148(1)(a) of the Act, a person who is the subject of a declaration made under subsection 22.1(1) of the Act is a prescribed person unless they hold a valid temporary resident permit issued under section 24 of the Act.
- SOR/2013-210, s. 5.
Marginal note:Prescribed documents
259. For the purposes of subsection 148(1) of the Act, the following documents that a person requires under the Act to enter Canada are prescribed:
(a) a travel document referred to in subsection 31(3) of the Act;
(b) refugee travel papers issued by the Minister;
(c) a document referred to in subsection 50(1) or 52(1);
(d) a temporary travel document referred to in section 151;
(e) a visa referred to in section 6 or subsection 7(1); and
(f) a permanent resident card.
- SOR/2015-46, s. 1.
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