Immigration and Refugee Protection Regulations

Marginal note:Application by lawful owner

• 255 (1) For the purposes of paragraph 253(2)(b), a person who claims to be the lawful owner of a seized thing may apply in writing for its return within 60 days after the seizure.

• Marginal note:Return of thing

  (2) The thing seized shall be returned to an applicant if the applicant demonstrates that they

  • (a) were the lawful owner prior to its seizure and have remained a lawful owner;

  • (b) did not participate in the fraudulent or improper use of the thing; and

  • (c) exercised all reasonable care to satisfy themselves that the person permitted to obtain possession of the thing was not likely to fraudulently or improperly use it.

• Marginal note:Return of vehicle

  (3) A seized vehicle that is not returned under subsection (2) shall be returned on payment of a $5,000 fee if the applicant demonstrates that they

  • (a) were the lawful owner prior to its seizure and have remained a lawful owner;

  • (b) did not profit or intend to profit from the fraudulent or improper use of the vehicle; and

  • (c) are unlikely to contravene the Act in the future.

• Marginal note:Additional factor

  (4) A thing seized shall only be returned if its return would not be contrary to the purposes of the Act.

• Marginal note:Notice of decision

  (5) The applicant shall be notified in writing of the decision on the application and the reasons for it. If the applicant is notified by mail, notification is deemed to have been effected on the seventh day after the day on which the notification was mailed.