Seizure and Detention
Marginal note:Examination and samples of seized things
39 (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.
(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
Marginal note:Application to extend period of detention
40 (1) If a prosecution in respect of an offence in relation to which a seized thing could be evidence has not been commenced, the Minister may, before the expiry of 60 days after the day of seizure and on the serving of prior notice in accordance with subsection (2) on the owner of the seized thing or on the person in whose possession the seized 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 period during which the seized thing may be detained.
(2) The notice shall be served by personal service at least five clear days before the day on which the application is to be made to the provincial court judge or by registered mail at least seven clear days before 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 10 days after the day on which the notice is served;
(c) the seized 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 period during which the seized thing may be detained should be extended.
Marginal note:Order of extension granted
(3) If, on the hearing of an application, the provincial court judge is satisfied that the seized thing should continue to be detained, the provincial court judge shall order that it be detained for any additional period that the provincial court judge considers proper and that on the expiry of that period the seized thing be restored to the person from whom it was seized or to any other person entitled to its possession unless, before the expiry of that period, subparagraph 39(2)(b)(i) or (ii) applies.
Marginal note:Order of extension refused
(4) If, on the hearing of an application, the provincial court judge is not satisfied that the seized thing should continue to be detained, the provincial court judge shall order that the thing be restored to the person from whom it was seized or to any other person entitled to its possession
- R.S., 1985, c. W-6, s. 40
- R.S., 1985, c. 27 (1st Supp.), s. 203
- 2011, c. 3, s. 28
Forfeiture and Return
Marginal note:Forfeiture on consent
Marginal note:Forfeiture by order of court
(2) If a person is convicted of an offence under this Act and a thing seized by means of or in relation to which the offence was committed is then being detained, it
(a) is, on the conviction, in addition to any punishment imposed for the offence, forfeited to Her Majesty if the forfeiture is directed by the court; or
(b) shall, on the expiry of the period for taking an appeal from the conviction or on the final conclusion of the proceedings, as the case may be, be restored to the person from whom it was seized or to any other person entitled to its lawful possession on any conditions, if any, relating to sale or advertising that are imposed by order of the court and that, in the opinion of the court, are necessary to avoid the commission of any further offence under this Act.
- R.S., 1985, c. W-6, s. 41
- 2011, c. 3, s. 28
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