Immigration and Refugee Protection Regulations

Marginal note:Notice of seizure

• 253 (1) An officer who seizes a thing under subsection 140(1) of the Act shall make reasonable efforts to

  • (a) identify the lawful owner; and

  • (b) give the lawful owner written notice of, and reasons for, the seizure.

• Marginal note:Disposition after seizure

  (2) Subject to subsection (3), a thing seized shall be disposed of as follows:

  • (a) if it was fraudulently or improperly obtained, by returning it to its lawful owner unless section 256 applies;

  • (b) if it was fraudulently or improperly used, by disposing of it under section 257 unless section 254, 255 or 256 applies;

  • (c) if the seizure was necessary to prevent its fraudulent or improper use

    • (i) by returning it to its lawful owner, if the seizure is no longer necessary for preventing its fraudulent or improper use, or

    • (ii) by disposing of it under section 257, if returning it to its lawful owner would result in its fraudulent or improper use; or

  • (d) if the seizure was necessary to carry out the purposes of the Act, by returning it to its lawful owner without delay if the seizure is no longer necessary to carry out the purposes of the Act.

• Marginal note:Additional factor

  (3) A thing seized shall only be returned if its return would not be contrary to the purposes of the Act. If its return would be contrary to the purposes of the Act, it shall be disposed of under section 257.