Oceans Act

Marginal note:Custody of things seized

• 39.3 (1) Subject to subsections (2) to (3.1), if an enforcement officer seizes a thing under this Act or under a warrant issued under the Criminal Code,

  • (a) sections 489.1 and 490 of the Criminal Code apply; and

  • (b) the enforcement officer, or any person that the officer may designate, shall retain custody of the thing, subject to any order made under section 490 of the Criminal Code.

• Marginal note:Forfeiture where ownership not ascertainable

  (2) Where the lawful ownership of or entitlement to the seized thing cannot be ascertained within thirty days after its seizure, the thing or any proceeds of its disposition are forfeited to

  • (a) Her Majesty in right of Canada, if the thing was seized by an enforcement officer employed in the federal public administration; or

  • (b) Her Majesty in right of a province, if the thing was seized by an enforcement officer employed by the government of that province.

• Marginal note:Perishable things

  (3) Where the seized thing is perishable, the enforcement officer may dispose of it or destroy it, and any proceeds of its disposition must be

  • (a) paid to the lawful owner or person lawfully entitled to possession of the thing, unless proceedings under this Act are commenced within ninety days after its seizure; or

  • (b) retained by the enforcement officer pending the outcome of the proceedings.

• Marginal note:Release of seized fish

  (3.1) The enforcement officer who seizes any fish as defined in subsection 2(1) of the Fisheries Act may, at the time of the seizure, return to the water any fish that they believe to be alive.

• Marginal note:Abandonment

  (4) The owner of the seized thing may abandon it to Her Majesty in right of Canada or a province.