Hazardous Products Act

Marginal note:Application for restoration

• 25 (1) Where any product, material, substance or other thing has been seized under this Act, any person may, within two months after the date of the seizure, on prior notice having been given in accordance with subsection (2) to the Minister by registered mail addressed to the Minister at Ottawa, apply to a provincial court judge within whose territorial jurisdiction the seizure was made for an order of restoration under subsection (3).

• Marginal note:Notice to Minister

  (2) The notice referred to in subsection (1) shall be mailed at least fifteen clear days prior to the day on which the application is to be made to the provincial court judge 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;

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

  • (d) the evidence on which the applicant intends to rely to establish that the applicant is entitled to possession of the thing in respect of which the application is to be made.

• Marginal note:Order of immediate restoration

  (3) Subject to section 26, where, on the hearing of an application made under subsection (1), the provincial court judge is satisfied

  • (a) that the applicant is entitled to possession of the product, material, substance or other thing seized, and

  • (b) that the thing seized is not and will not be required as evidence in any proceedings in respect of an offence under section 28,

  the judge shall order that the thing seized be restored forthwith to the applicant.

• Marginal note:Order of later restoration

  (4) Subject to section 26, where, on the hearing of an application made under subsection (1), the provincial court judge is satisfied that the applicant is entitled to possession of the thing seized but is not satisfied with respect to the matters mentioned in paragraph (3)(b), the judge shall order that the thing seized be restored to the applicant

  • (a) on the expiration of four months after the date of the seizure if no proceedings in respect of an offence under section 28 have been commenced before that time; or

  • (b) on the final conclusion of any such proceedings in any other case.

• Marginal note:Where no application made

  (5) Where no application has been made under subsection (1) for the restoration of any product, material, substance or other thing seized under this Act within two months after the date of the seizure, or an application has been made but on the hearing of the application no order of restoration is made, the thing seized shall be delivered to the Minister who may make such disposition of it as the Minister thinks fit.