Hazardous Products Act

Marginal note:Application for restoration

• 25 (1) If a thing has been seized under this Act, its owner or the person having possession, care or control of it at the time of its seizure may, within 120 days after the date of the seizure, on prior notice having been given in accordance with subsection (2) to the Minister, 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 delivered to the Minister at Ottawa at least 30 clear days before the day on which the application to the provincial court judge is to be made, by means of registered mail, a method of courier service that provides a record of delivery and requires a signature on delivery, or any other prescribed method, and shall specify

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

  • (b) the place and time at which the application is to be heard;

  • (c) the 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

    • (i) the applicant was the owner or the person having possession, care or control of the thing at the time of its seizure, and

    • (ii) the thing was not used in the contravention of any provision of this Act or of the regulations and it is not something in relation to which a provision of this Act or of the regulations was contravened.

• Marginal note:Order of restoration

  (3) Subject to section 26, the provincial court judge shall order that the thing seized be restored without delay to the applicant if, on the hearing of an application made under subsection (1), the judge is satisfied that

  • (a) the applicant was the owner or the person having possession, care or control of the thing at the time of its seizure;

  • (a.1) the thing was not used in the contravention of any provision of this Act or of the regulations and it is not something in relation to which a provision of this Act or of the regulations was contravened; and

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

• Marginal note:No application for restoration

  (4) If no application has been made under subsection (1) for the restoration of a thing seized under this Act within 120 days after the date of the seizure, the Minister may dispose of it, at the expense of its owner or the person having possession, care or control of it at the time of its seizure, as the Minister thinks fit.