Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Plant Protection Act

Version of section 32 from 2015-02-27 to 2024-04-01:


Marginal note:Release of seized thing

  •  (1) If an inspector is satisfied that the provisions of this Act and the regulations that apply with respect to a thing seized under this Act have been complied with, the thing must be released.

  • Marginal note:Application for return

    (2) If proceedings are instituted in relation to a thing seized under this Act and it has not been disposed of or forfeited under this Act, the owner of the thing or the person having the possession, care or control of it at the time of its seizure may apply for an order that it be returned. The application may be made, in the case of a violation, to the Tribunal or, in the case of an offence, to the court before which the proceedings are being held.

  • Marginal note:Order

    (3) The Tribunal or court, as the case may be, may order that the thing be returned to the applicant, subject to such conditions as the Tribunal or court may impose to ensure that it is preserved for any purpose for which it may subsequently be required, where the Tribunal or court is satisfied that sufficient evidence exists or may reasonably be obtained without detaining the thing and that it is not a pest, is not infested with a pest and does not constitute a biological obstacle to the control of a pest.

  • 1990, c. 22, s. 32
  • 1995, c. 40, s. 78
  • 2015, c. 2, s. 104

Date modified: