A-20.2 - Act respecting commercial aquaculture

Section 37 Disposition versions

2004-09-01

37. Notwithstanding section 36, where unlawful possession prevents property seized or the proceeds of its sale from being returned to the person from whom the property was seized or to a person claiming to be entitled thereto, the judge shall, on the application of the seizor or the prosecuting party, order forfeiture of the property or the proceeds; if unlawful possession is not proved, the judge shall designate the person to whom the property or the proceeds may be returned.

Prior notice of the application must be served on the person from whom the property was seized and on the other person entitled to make such an application, except where they are in the presence of the judge. Such prior notice may, where applicable, be given in the statement of offence and specify that the application for forfeiture is to be made at the time of the judgment.

The Minister shall prescribe the manner in which the property forfeited is to be disposed of.

2003, c. 23, s. 37.