Forfeiture and Return
Marginal note:Forfeiture on consent
41 (1) If the owner or the person in lawful possession of a thing at the time it is seized under paragraph 17(1)(c) consents in writing to its forfeiture, it is forfeited to Her Majesty.
Marginal note:Forfeiture by order of court
(2) If a person is convicted of an offence under this Act and a thing seized by means of or in relation to which the offence was committed is then being detained, it
(a) is, on the conviction, in addition to any punishment imposed for the offence, forfeited to Her Majesty if the forfeiture is directed by the court; or
(b) shall, on the expiry of the period for taking an appeal from the conviction or on the final conclusion of the proceedings, as the case may be, be restored to the person from whom it was seized or to any other person entitled to its lawful possession on any conditions, if any, relating to sale or advertising that are imposed by order of the court and that, in the opinion of the court, are necessary to avoid the commission of any further offence under this Act.
- R.S., 1985, c. W-6, s. 41
- 2011, c. 3, s. 28
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