Tobacco and Vaping Products Act

Marginal note:Application for restoration

• 40 (1) Any person from whom a tobacco product or thing was seized may, within sixty days after the date of seizure, apply to a provincial court judge within whose jurisdiction the seizure was made for an order of restoration, if the person sends a notice containing the prescribed information to the Minister within the prescribed time and in the prescribed manner.

• Marginal note:Order of restoration

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

  • (a) that the applicant is entitled to possession of the tobacco product or thing seized; and

  • (b) that the tobacco product or thing seized is not and will not be required as evidence in any proceedings in respect of an offence under this Act.

• Marginal note:Order of later restoration

  (3) Where, on hearing an application made under subsection (1), the provincial court judge is satisfied that the applicant is entitled to possession of the tobacco product or thing seized but is not satisfied with respect to the matters mentioned in paragraph (2)(b), the judge may order that the product or thing seized be restored to the applicant

  • (a) on the expiration of one hundred and eighty days after the date of the seizure if no proceedings in respect of an offence under this Act have been commenced before that time; or

  • (b) on the final conclusion of any such proceedings, in any other case.

• Marginal note:No restoration where forfeiture by consent

  (4) The provincial court judge may not make an order under this section for restoration of a tobacco product or thing if it has been forfeited by consent under subsection 41(3).