Marginal note:Custody of things seized
Marginal note:Forfeiture where ownership not ascertainable
(2) Where the lawful ownership of or entitlement to the seized thing cannot be ascertained within thirty days after its seizure, the thing or any proceeds of its disposition are forfeited to
(a) Her Majesty in right of Canada, if the thing was seized by an enforcement officer employed in the federal public administration; or
(b) Her Majesty in right of a province, if the thing was seized by an enforcement officer employed by the government of that province.
Marginal note:Perishable things
(3) Where the seized thing is perishable, the enforcement officer may dispose of it or destroy it, and any proceeds of its disposition must be
(a) paid to the lawful owner or person lawfully entitled to possession of the thing, unless proceedings under this Act are commenced within ninety days after its seizure; or
(b) retained by the enforcement officer pending the outcome of the proceedings.
(4) The owner of the seized thing may abandon it to Her Majesty in right of Canada or a province.
- 1996, c. 31, s. 39.3
- 2003, c. 22, s. 224(E)
- Date modified: