Radiation Emitting Devices Act (R.S.C., 1985, c. R-1)

Marginal note:Forfeiture on conviction

• 16 (1) If a person has been convicted of an offence under this Act, any radiation emitting device in relation to which the offence was committed is, on the conviction, in addition to any punishment imposed for the offence, forfeited to Her Majesty in right of Canada if the forfeiture is directed by the court.

• Marginal note:Forfeiture on application to judge

  (2) Without prejudice to the operation of subsection (1), a judge of a superior court of the province in which any radiation emitting device was seized under this Act may, on the application of an inspector and on any notice to those persons as that judge directs, order that the device and anything of a similar nature found with it be forfeited to Her Majesty in right of Canada if the judge finds, after making any inquiry that the judge considers necessary, that the device is one by means of or in relation to which any of the provisions of this Act or the regulations were contravened.

• Marginal note:Minister may dispose of forfeited goods

  (3) Goods forfeited to Her Majesty in right of Canada under subsection (1) or (2) may be disposed of as the Minister may direct, subject to subsection (4).

• Marginal note:Protection of persons claiming interest

  (4) The provisions of sections 74 to 76 of the Fisheries Act apply with such modifications as the circumstances require to any radiation emitting device forfeited under this section as though that device were an article forfeited under subsection 72(1) of that Act.