Human Pathogens and Toxins Act

Marginal note:Application for restoration

• 46 (1) On reasonable notice in writing to the Minister, the owner of a thing seized under this Act, or the person in possession of it at the time of its seizure, may, within 60 days after the day of its seizure, apply to a provincial court judge within whose jurisdiction the seizure was made for an order of restoration.

• Marginal note:Order of restoration

  (2) The provincial court judge may order that the seized thing be restored immediately to the applicant if, on hearing the application, the judge is satisfied that

  • (a) the applicant is entitled to possession of it;

  • (b) it does not pose a serious and imminent danger to the health or safety of the public; and

  • (c) it will not be required as evidence in a prosecution for an offence that is subsequently instituted under this Act.

• Marginal note:Order of later restoration

  (3) If, on hearing an application, the provincial court judge is satisfied that the applicant is entitled to possession of the seized thing and that it does not pose a serious and imminent danger to the health or safety of the public but is not satisfied with respect to paragraph (2)(c), the judge may order that the thing be restored to the applicant

  • (a) on the expiry of 180 days after the day of its seizure if no prosecution for an offence under this Act has been instituted before that day; or

  • (b) on the final conclusion of proceedings under this Act.

• Marginal note:Exception

  (4) The provincial court judge may not make an order for the restoration of the seized thing if it has been forfeited by consent under subsection 47(2).