Acts and Regulations

2019, c.40 - Aquaculture Act

Section 71
Disposition versions

Full text
Seizure
71(1)An inspector may seize any aquatic organism, equipment, container, book, record or document that he or she believes on reasonable grounds may afford evidence of the commission of an offence under this Act or the regulations
(a) during an inspection under section 68,
(b) during a search authorized under the Provincial Offences Procedure Act, or
(c) in any other circumstance, in accordance with the Provincial Offences Procedure Act.
71(2)If aquatic organisms, equipment, containers, books, records or documents are seized under subsection (1), the inspector may direct that they be detained in the place where they were found or be removed to another place designated by the inspector.
71(3)Subject to subsection (4), all aquatic organisms, equipment, containers, books, records or documents seized under subsection (1) may be detained for a period not exceeding six months after the day of seizure unless, during that period, prosecution for an offence under this Act or the regulations has been commenced, in which case the aquatic organisms, equipment, containers, books, records or documents may be further detained until the proceedings, including the appeal proceedings, are finally concluded.
71(4)If aquatic organisms are seized under subsection (1), the inspector or other person having custody of them may sell the aquatic organisms and pay the proceeds of the sale into the Consolidated Fund.
71(5)If no proceedings are taken following a seizure under this section or if they are taken and the person charged is acquitted of the charge made against that person,
(a) the inspector or other person having custody of the aquatic organisms, equipment, containers, books, records or documents seized shall return them to the person from whom the inspector seized them, or
(b) if the aquatic organisms are sold under subsection (4), the Minister shall pay to the person from whom the aquatic organisms were seized an amount that, in the opinion of the Minister, represents their value.
Seizure
71(1)An inspector may seize any aquatic organism, equipment, container, book, record or document that he or she believes on reasonable grounds may afford evidence of the commission of an offence under this Act or the regulations
(a) during an inspection under section 68,
(b) during a search authorized under the Provincial Offences Procedure Act, or
(c) in any other circumstance, in accordance with the Provincial Offences Procedure Act.
71(2)If aquatic organisms, equipment, containers, books, records or documents are seized under subsection (1), the inspector may direct that they be detained in the place where they were found or be removed to another place designated by the inspector.
71(3)Subject to subsection (4), all aquatic organisms, equipment, containers, books, records or documents seized under subsection (1) may be detained for a period not exceeding six months after the day of seizure unless, during that period, prosecution for an offence under this Act or the regulations has been commenced, in which case the aquatic organisms, equipment, containers, books, records or documents may be further detained until the proceedings, including the appeal proceedings, are finally concluded.
71(4)If aquatic organisms are seized under subsection (1), the inspector or other person having custody of them may sell the aquatic organisms and pay the proceeds of the sale into the Consolidated Fund.
71(5)If no proceedings are taken following a seizure under this section or if they are taken and the person charged is acquitted of the charge made against that person,
(a) the inspector or other person having custody of the aquatic organisms, equipment, containers, books, records or documents seized shall return them to the person from whom the inspector seized them, or
(b) if the aquatic organisms are sold under subsection (4), the Minister shall pay to the person from whom the aquatic organisms were seized an amount that, in the opinion of the Minister, represents their value.