Indian Timber Regulations (C.R.C., c. 961)

27 Seizure of timber or any product therefrom may be made by posting beside the timber or product a notice stating that the timber or product has been seized.

28 Where timber or any product manufactured therefrom has been seized and no claim to recover it has been made within 30 days from the date of the seizure, the timber or product is forfeited to the Crown.

Proceedings Following Seizure

• 29 (1) Any person claiming to be the owner of timber, or any product manufactured therefrom, that has been seized under section 26 may, on at least four days notice to the Minister, apply to a judge of a court of competent jurisdiction in the place in which the timber or product is held under seizure for an order for the release from seizure and delivery of the timber or product to that person.

• (2) Upon receipt of a bond of the claimant, with two good and sufficient sureties in an amount not less than the market value of the timber or product and the costs of the seizure, to be forfeited to the Crown if the claimant is declared by the judge not to be the owner of the timber or product, the judge may order the timber or product to be released from seizure and to be delivered to the claimant.

• (3) Upon the application of the Minister or the claimant, and upon at least seven days notice, the judge shall determine the ownership of the timber or product whether or not it has been released and delivered to the claimant under subsection (2) and shall make an order

  • (a) declaring the claimant to be the owner

    • (i) free of any claim for charges, or

    • (ii) subject to payment of such dues, charges and expenses as he may find to be owing; or

  • (b) declaring the claimant not to be the owner and the bond, if any, forfeited to the Crown.

• (4) The judge shall make such order as he may consider proper as to the costs of proceedings under this section and the costs of seizure.

• (5) If the claimant is declared not to be the owner of the timber or product, it shall be disposed of in such manner as the Minister may determine.

Penalties

30 Every person who contravenes a provision of these Regulations is guilty of an offence and liable on summary conviction to a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding three months, or to both.