Pest Control Products Act

Marginal note:Forfeiture on consent

• 55 (1) At the election of Her Majesty in right of Canada, a pest control product or other thing seized under this Act by an inspector is forfeited to Her Majesty in right of Canada if the owner consents to its forfeiture. The pest control product or other thing that is forfeited may be disposed of, as the Minister directs, at the owner’s expense.

• Marginal note:Forfeiture by court order

  (2) If the Review Tribunal, continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act, decides that a person has committed a violation, or if an offender is convicted of an offence under this Act, the Tribunal or the court, as the case may be, may, in addition to imposing a penalty or punishment, order that the pest control product or other thing that was involved in the violation or offence be forfeited to Her Majesty in right of Canada, regardless of whether the product or thing was seized under this Act or not.

• Marginal note:Directions of Minister

  (3) A pest control product or other thing that is forfeited under subsection (2) may be disposed of as the Minister directs, at the expense of,

  • (a) if it was not seized, its owner; or

  • (b) if it was seized, its owner or the person having possession, care or control of it at the time of its seizure.