Weights and Measures Act

Marginal note:Seizure

• 39 (1) Where an inspector believes on reasonable grounds that any provision of this Act or the regulations has been contravened, the inspector may seize and detain any device, commodity or packaging and labelling material by means of or in relation to which the inspector believes on reasonable grounds the contravention occurred.

• Marginal note:Examination and samples of seized articles

  (2) Where an inspector has seized and detained any device, commodity or other thing pursuant to subsection (1), the inspector shall, at the request of the person from whom the device, commodity or other thing was seized, allow that person or any person authorized by that person to examine the device, commodity or other thing so seized and, where practicable, furnish that person with a sample thereof.

• Marginal note:Detention

  (3) Any device, commodity or other thing seized pursuant to subsection (1) shall not be detained

  • (a) after the provisions of this Act or any regulations that are applicable to the device, commodity or other thing have, in the opinion of an inspector, been complied with; or

  • (b) after the expiration of sixty days from the day of seizure, unless before that time

    • (i) the device, commodity or other thing has been forfeited pursuant to section 41,

    • (ii) proceedings have been instituted in respect of the contravention in relation to which the device, commodity or other thing was seized, in which event the device, commodity or other thing may be detained until the proceedings are finally concluded, or

    • (iii) notice of an application for an order extending the time during which the device, commodity or other thing may be detained has been served in accordance with section 40.

• Marginal note:Storing of seized articles

  (4) A device, commodity or other thing seized by an inspector pursuant to subsection (1) may, at the option of an inspector, be kept or stored in the building or place where it was seized or may be removed to any other proper place by or at the direction of an inspector.