Maple Products Regulations (C.R.C., c. 289)

Regulations are current to 2019-06-20 and last amended on 2019-01-14. Previous Versions

PART VIAdministration

Seizure and Detention

  • SOR/91-523, s. 3
  •  (1) Where an inspector seizes and detains any maple product or other thing pursuant to section 23 of the Act, the inspector shall affix to the maple product, to its container or to the other thing a detention tag on which the following are clearly marked:

    • (a) the words “UNDER DETENTION” and “RETENU”, in bold-face letters;

    • (b) an identification number;

    • (c) a description of the maple product or other thing;

    • (d) the reason for the seizure and detention;

    • (e) the date of the seizure and detention; and

    • (f) the name of the inspector, in block letters, and the signature of the inspector.

  • (2) No person shall alter, deface or remove a detention tag affixed to a maple product, to its container or to any other thing unless the person is authorized to do so by an inspector.

  • SOR/83-424, s. 3
  • SOR/91-371, s. 6
  •  (1) An inspector shall, after detaining any maple product or other thing in accordance with subsection 20(1), forthwith deliver or mail a notice of detention

    • (a) to the person having the care or custody of the maple product or other thing at the place where it was seized;

    • (b) to the owner of the maple product or other thing that was seized, or to the owner’s agent; and

    • (c) where the maple product or other thing is removed from the place where it was seized to another place in accordance with subsection 19(5) or 25(1) of the Act, to the person having the care or custody of the maple product or other thing at that other place.

  • (2) A notice of detention referred to in subsection (1) shall state that the maple product or other thing was seized and detained pursuant to section 23 of the Act and shall set out

    • (a) the detention tag identification number;

    • (b) a description of the maple product or other thing;

    • (c) the reason for the seizure and detention;

    • (d) the date of the seizure and detention;

    • (e) the name of the inspector, in block letters, and the signature of the inspector;

    • (f) the place of detention; and

    • (g) the telephone number to call for further information in respect of the seizure and detention.

  • SOR/91-371, s. 6

 Any maple product or other thing detained under section 23 of the Act shall be detained under storage conditions appropriate to the preservation of the maple product or other thing.

  • SOR/91-371, s. 6

 Where an inspector determines that any detained maple product or other detained thing meets the requirements of the Act and these Regulations, the inspector shall release the maple product or other thing and shall deliver or mail one copy of a notice of release to each of the persons to whom a copy of the notice of detention referred to in subsection 21(1) was delivered or mailed.

  • SOR/85-264, s. 4
  • SOR/91-371, s. 6

Forfeiture and Disposal

  • SOR/91-523, s. 4
  •  (1) A maple product or other thing forfeited under subsection 28(1) of the Act shall be disposed of in the manner ordered by the court directing the forfeiture and, if no order for the disposition of the maple product or other thing is made by that court, the maple product or other thing shall be disposed of in the following manner:

    • (a) in the case of a maple product that is edible, it shall be

      • (i) sold and any proceeds deposited to the credit of the Receiver General, or

      • (ii) donated to a charitable institution;

    • (b) in the case of a maple product that is inedible, it shall be

      • (i) sold for preparation as animal food or as a non-food product and any proceeds deposited to the credit of the Receiver General, or

      • (ii) disposed of or destroyed in a manner consistent with all applicable environmental requirements; and

    • (c) in the case of a thing other than a maple product, it shall be sold and any proceeds deposited to the credit of the Receiver General.

  • (2) Any maple product or thing forfeited under subsection 28(2) of the Act shall be disposed of in the manner set out in subsection (1).

  • SOR/91-371, s. 6

 Maple products that are forfeited under subsection 30(2) of the Act shall be disposed of in the following manner:

  • (a) in the case of a maple product that is edible, it shall be

    • (i) sold and the proceeds deposited to the credit of the Receiver General, or

    • (ii) donated to a charitable institution; and

  • (b) in the case of a maple product that is inedible, it shall be

    • (i) sold for preparation as animal food or as a non-food product and the proceeds deposited to the credit of the Receiver General, or

    • (ii) disposed of or destroyed in a manner consistent with all applicable environmental requirements.

  • SOR/91-523, s. 5
 
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