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 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 of Foreign Affairs;

• (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.

Marginal note:Holding prescribed documentation

• 260. (1) If a transporter has reasonable grounds to believe that the prescribed documents of a person whom it carries to Canada may not be available for examination at a port of entry, the transporter must give the person a receipt for the documents and hold those documents until examination.

• Marginal note:Presenting documents

  (2) A transporter who holds the documents of a person must, when presenting the person for examination under paragraph 148(1)(b) of the Act, present the documents and a copy of the receipt.