Acts and Regulations

2011, c.215 - Real Estate Agents Act

Full text
Seized property
2016, c.36, s.15
43.42(1)On request to the investigator by the person who, at the time of the seizure, was in lawful possession of books, records, accounts or things seized under this Act, the books, records, accounts or things seized shall, at a time and place mutually convenient to the person who was in lawful possession of them at the time of the seizure and the investigator, be made available for consultation and copying by the person.
43.42(2)If books, records, accounts or things are seized under this Act and the matter for which the books, records, accounts or things were seized is concluded, the investigator shall return those books, records, accounts or things to the person who was in lawful possession of them at the time of the seizure within 60 days after the day that the matter is concluded.
43.42(3)If books, records, accounts or things are seized under this Act and the person who was in lawful possession of the books, records, accounts or things at the time of the seizure alleges that the books, records, accounts or things are not relevant in respect of the matter for which they were seized, that person may apply by notice of motion to the Court of King’s Bench for the return of the books, records, accounts or things.
43.42(4)On a motion under subsection (3), the Court of King’s Bench shall order the return of any books, records, accounts or things that it determines are not relevant to the matter for which they were seized to the person who was in lawful possession of the books, records, accounts or things at the time of the seizure.
2016, c.36, s.15; 2023, c.17, s.230
Seized property
2016, c.36, s.15
43.42(1)On request to the investigator by the person who, at the time of the seizure, was in lawful possession of books, records, accounts or things seized under this Act, the books, records, accounts or things seized shall, at a time and place mutually convenient to the person who was in lawful possession of them at the time of the seizure and the investigator, be made available for consultation and copying by the person.
43.42(2)If books, records, accounts or things are seized under this Act and the matter for which the books, records, accounts or things were seized is concluded, the investigator shall return those books, records, accounts or things to the person who was in lawful possession of them at the time of the seizure within 60 days after the day that the matter is concluded.
43.42(3)If books, records, accounts or things are seized under this Act and the person who was in lawful possession of the books, records, accounts or things at the time of the seizure alleges that the books, records, accounts or things are not relevant in respect of the matter for which they were seized, that person may apply by notice of motion to the Court of Queen’s Bench for the return of the books, records, accounts or things.
43.42(4)On a motion under subsection (3), the Court of Queen’s Bench shall order the return of any books, records, accounts or things that it determines are not relevant to the matter for which they were seized to the person who was in lawful possession of the books, records, accounts or things at the time of the seizure.
2016, c.36, s.15