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Weights and Measures Act

Version of section 40 from 2014-08-01 to 2024-04-01:


Marginal note:Application to extend period of detention

  •  (1) If a prosecution in respect of an offence in relation to which a seized thing could be evidence has not been commenced, the Minister may, before the expiry of 60 days after the day of seizure and on the serving of prior notice in accordance with subsection (2) on the owner of the seized thing or on the person in whose possession the seized thing was at the time of seizure, apply to a provincial court judge within whose territorial jurisdiction the seizure was made for an order extending the period during which the seized thing may be detained.

  • Marginal note:Notice

    (2) The notice shall be served by personal service at least five clear days before the day on which the application is to be made to the provincial court judge or by registered mail at least seven clear days before that day and shall specify

    • (a) the provincial court judge to whom the application is to be made;

    • (b) the place where and the time when the application is to be heard, which time shall be not later than 10 days after the day on which the notice is served;

    • (c) the seized thing in respect of which the application is to be made; and

    • (d) the evidence on which the Minister intends to rely to show why the period during which the seized thing may be detained should be extended.

  • Marginal note:Order of extension granted

    (3) If, on the hearing of an application, the provincial court judge is satisfied that the seized thing should continue to be detained, the provincial court judge shall order that it be detained for any additional period that the provincial court judge considers proper and that on the expiry of that period the seized thing be restored to the person from whom it was seized or to any other person entitled to its possession unless, before the expiry of that period, subparagraph 39(2)(b)(i) or (ii) applies.

  • Marginal note:Order of extension refused

    (4) If, on the hearing of an application, the provincial court judge is not satisfied that the seized thing should continue to be detained, the provincial court judge shall order that the thing be restored to the person from whom it was seized or to any other person entitled to its possession

    • (a) on the expiry of 60 days after the day of seizure, unless, before the expiry of those 60 days, subparagraph 39(2)(b)(i) or (ii) applies; or

    • (b) immediately, if, at the time of the hearing, the period of 60 days after the day of seizure has expired.

  • R.S., 1985, c. W-6, s. 40
  • R.S., 1985, c. 27 (1st Supp.), s. 203
  • 2011, c. 3, s. 28

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