Immigration and Refugee Protection Regulations

Marginal note:Application for return

• 254 (1) The lawful owner of a thing seized or the person from whom it was seized may apply for its return.

• Marginal note:Return

  (2) A thing seized, other than a document, shall be returned to the applicant if

  • (a) paragraph 253(2)(b) applies to the thing and the seizure is no longer necessary to prevent its fraudulent or improper use or to carry out the purposes of the Act; and

  • (b) the applicant provides cash security equal to the fair market value of the thing at the time of the seizure or, if there is no significant risk of being unable to recover the debt, a combination of cash and guarantee of performance.

• Marginal note:Disposition of security

  (3) Any cash deposit or guarantee of performance provided under paragraph 2(b) replaces the thing seized and, if section 257 applies, any cash deposit is forfeited to Her Majesty in right of Canada and any guarantee of performance becomes a debt due under section 145 of the Act.