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Weights and Measures Act

Version of section 39 from 2014-08-01 to 2023-01-25:


Marginal note:Examination and samples of seized things

  •  (1) If an inspector seizes and detains anything under paragraph 17(1)(c), they shall, at the request of the person from whom the thing is seized, allow that person or any person authorized by that person to examine the seized thing and, if possible, provide that person with a sample of it.

  • Marginal note:Detention

    (2) A seized thing is not to be detained

    • (a) after the provisions of this Act or any regulations that are applicable to the seized thing have, in the inspector’s opinion, been complied with; or

    • (b) after the expiry of 60 days from the day of seizure, unless, before the expiry of that period,

      • (i) the seized thing has been forfeited under section 41,

      • (ii) a prosecution has been instituted in respect of an offence in relation to which the seized thing is evidence, in which case the seized thing may be detained until the prosecution is finally concluded, or

      • (iii) notice of an application for an order extending the period during which the seized thing may be detained has been served in accordance with section 40.

  • Marginal note:Storing of seized things

    (3) A seized thing may, at the option of the inspector, be kept or stored in the building or place where it was seized or may be removed to any other proper place by the inspector or at their direction.

  • R.S., 1985, c. W-6, s. 39
  • 2011, c. 3, s. 28
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