Weights and Measures Act

Marginal note:Application to extend period of detention

• 40 (1) Where proceedings have not been instituted in respect of the contravention in relation to which any device, commodity or other thing was seized and detained pursuant to subsection 39(1), the Minister may, before the expiration of sixty days after seizure and on the serving of prior notice in accordance with subsection (2) on the owner of the device, commodity or other thing or on the person in whose possession the device, commodity or other thing was at the time of seizure, apply to a provincial court judge within whose territorial jurisdiction the seizure was made for an order extending the time during which the device, commodity or other thing may be detained.

• Marginal note:Notice

  (2) The notice referred to in subsection (1) shall be served by personal service at least five clear days prior to the day on which the application is to be made to the provincial court judge or by registered mail at least seven clear days prior to that day and shall specify

  • (a) the provincial court judge to whom the application is to be made;

  • (b) the place where and the time when the application is to be heard, which time shall be not later than ten days after service of the notice;

  • (c) the device, commodity or other thing in respect of which the application is to be made; and

  • (d) the evidence on which the Minister intends to rely to show why the time during which the device, commodity or other thing may be detained should be extended.

• Marginal note:Order of extension granted

  (3) Where, on the hearing of an application made under subsection (1), the provincial court judge is satisfied that the device, commodity or other thing seized should continue to be detained, the provincial court judge shall order that the device, commodity or other thing be detained for such additional period of time as the provincial court judge deems proper and that on the expiration of that period of time the device, commodity or other thing be restored to the person from whom it was seized or to any other person entitled to possession thereof unless before the expiration of that period of time subparagraph 39(3)(b)(i) or (ii) applies.

• Marginal note:Order of extension refused

  (4) Where, on the hearing of an application made under subsection (1), the provincial court judge is not satisfied that the device, commodity or other thing seized should continue to be detained, the provincial court judge shall order that the device, commodity or other thing be restored to the person from whom it was seized or to any other person entitled to possession thereof

  • (a) on the expiration of sixty days after the day of seizure, unless, before the expiration of those sixty days, subparagraph 39(3)(b)(i) or (ii) applies; or

  • (b) forthwith, if, at the time of the hearing, the period of sixty days after the day of seizure has expired.