56.5(1)In this section

56.5(2)A conservation officer may, in the course of conducting a lawful search in respect of an offence under this Act or the regulations,

56.5(3)If a conservation officer finds timber from Crown Lands in respect of which he or she has reasonable and probable grounds to believe an offence under this Act or the regulations has been committed and the timber is mixed with timber from land other than Crown Lands or with timber authorized to be harvested on Crown Lands, he or she may seize all or any of the timber.

56.5(4)Where a conservation officer in the course of conducting a lawful search in respect of an offence under this Act or the regulations seizes timber or other property belonging to the Crown or any equipment or vehicle that will afford evidence of the commission of the offence, he or she shall

56.5(5)If any equipment, vehicle, timber or other property not belonging to the Crown has been seized by a conservation officer and will not be retained for evidentiary purposes or will not be the subject of an application for an order of forfeiture, the Minister may authorize the conservation officer to return the thing seized to a person with a property interest in it.

56.5(6)If any equipment, vehicle, timber or other property not belonging to the Crown has been seized by a conservation officer and not returned under subsection (5), a person with a property interest in the thing seized may, after giving the prosecutor 14 days’ notice in writing of the person’s intention of doing so, apply to a judge for the return of the thing seized.

56.5(7)Where an application under subsection (6) has been heard, the judge may order the return of the thing seized to the person who made the application and may require the person to post or deposit with the court a bond or other security in such amount as the judge considers appropriate.

56.5(8)Where the judge under subsection (7) orders the return of the thing seized, the conservation officer shall return it as soon thereafter as is practicable to the person who made the application.

56.5(9)Where a person is convicted of a violation of this Act or the regulations,

56.5(9.1)Upon the making of an order under paragraph(9)(b), the bond or other security, or the thing seized under this Act or the Provincial Offences Procedure Act, is forfeited to the Minister and the Minister may, not sooner than thirty days after the date of the conviction, realize upon the bond or other security or dispose of the thing by public auction or in such manner and at such time as the Minister sees fit.

56.5(10)If any equipment, vehicle, timber or other property not belonging to the Crown has been seized by a conservation officer, the conservation officer shall return the thing seized to the owner or the person in possession of the thing seized at the time of the seizure

56.5(10.1)If the amount of the costs and expenses referred to in paragraph (10)(c) has not been paid within 30 days after the final disposition of the charge, the Minister may dispose of the thing seized in such manner and at such time as he or she sees fit.

56.5(10.2)If the owner proves to the satisfaction of the Minister that, at the time of the seizure, the thing had been taken or was being used without the owner’s consent, the Minister may

56.5(10.3)For the purposes of the recovery of the amount of the costs and expenses under subsection (10.2), the amount becomes a debt due to the Crown by the person convicted of the offence.

56.5(10.4) The Minister may prepare and file with the clerk of The Court of King’s Bench of New Brunswick a certificate certifying the amount of the costs and expenses that the person convicted of the offence is required to pay.

56.5(10.5) A certificate filed with the clerk of The Court of King’s Bench of New Brunswick under subsection (10.4) has the same force and effect as if it were a judgment of the Court for the recovery of a debt in the amount specified in the certificate.

56.5(10.6)All reasonable costs and charges attendant upon the preparation and filing of a certificate under subsection (10.4) may be recovered as if the amount had been included in the certificate.

56.5(10.7)If the person convicted of an offence under this Act or the regulations relating to the thing seized is not the owner and the owner pays the amount of the costs and expenses referred to in paragraph (10)(c), the owner may, by action in a court of competent jurisdiction, recover the amount from that person.

56.5(10.71)The Minister is not responsible for maintaining or servicing or having maintained or serviced any equipment, vehicle or other property seized under this section while it is held in custody but, upon application in writing by any of the following persons, the Minister may authorize the person to maintain or service or to have maintained or serviced the equipment, vehicle or other property while it is held in custody:

56.5(10.8)The Crown, the Minister, the conservation officer or any person assisting the conservation officer is not liable, without negligence, for any loss, including economic loss, or damage suffered by any person as a result of

56.5(10.9)The Crown, the Minister, the conservation officer or any person assisting the conservation officer is not liable for any deterioration, diminution or other devaluation of the thing seized under this section.

56.5(11)In a prosecution with respect to an offence under this Act or the regulations, where it is established by the Crown that the land on which the accused was on, or upon which an act was proved to have been done by the accused is shown on the records and plans on file in the office of the Minister as Crown Lands, the accused shall, in the absence of evidence to the contrary, be deemed to have been on, or to have done the act proved to have been done by the accused upon, Crown Lands.

56.5(1)In this section

56.5(2)A conservation officer may, in the course of conducting a lawful search in respect of an offence under this Act or the regulations,

56.5(3)If a conservation officer finds timber from Crown Lands in respect of which he or she has reasonable and probable grounds to believe an offence under this Act or the regulations has been committed and the timber is mixed with timber from land other than Crown Lands or with timber authorized to be harvested on Crown Lands, he or she may seize all or any of the timber.

56.5(4)Where a conservation officer in the course of conducting a lawful search in respect of an offence under this Act or the regulations seizes timber or other property belonging to the Crown or any equipment or vehicle that will afford evidence of the commission of the offence, he or she shall

56.5(5)If any equipment, vehicle, timber or other property not belonging to the Crown has been seized by a conservation officer and will not be retained for evidentiary purposes or will not be the subject of an application for an order of forfeiture, the Minister may authorize the conservation officer to return the thing seized to a person with a property interest in it.

56.5(6)If any equipment, vehicle, timber or other property not belonging to the Crown has been seized by a conservation officer and not returned under subsection (5), a person with a property interest in the thing seized may, after giving the prosecutor 14 days’ notice in writing of the person’s intention of doing so, apply to a judge for the return of the thing seized.

56.5(7)Where an application under subsection (6) has been heard, the judge may order the return of the thing seized to the person who made the application and may require the person to post or deposit with the court a bond or other security in such amount as the judge considers appropriate.

56.5(8)Where the judge under subsection (7) orders the return of the thing seized, the conservation officer shall return it as soon thereafter as is practicable to the person who made the application.

56.5(9)Where a person is convicted of a violation of this Act or the regulations,

56.5(9.1)Upon the making of an order under paragraph(9)(b), the bond or other security, or the thing seized under this Act or the Provincial Offences Procedure Act, is forfeited to the Minister and the Minister may, not sooner than thirty days after the date of the conviction, realize upon the bond or other security or dispose of the thing by public auction or in such manner and at such time as the Minister sees fit.

56.5(10)If any equipment, vehicle, timber or other property not belonging to the Crown has been seized by a conservation officer, the conservation officer shall return the thing seized to the owner or the person in possession of the thing seized at the time of the seizure

56.5(10.1)If the amount of the costs and expenses referred to in paragraph (10)(c) has not been paid within 30 days after the final disposition of the charge, the Minister may dispose of the thing seized in such manner and at such time as he or she sees fit.

56.5(10.2)If the owner proves to the satisfaction of the Minister that, at the time of the seizure, the thing had been taken or was being used without the owner’s consent, the Minister may

56.5(10.3)For the purposes of the recovery of the amount of the costs and expenses under subsection (10.2), the amount becomes a debt due to the Crown by the person convicted of the offence.

56.5(10.4) The Minister may prepare and file with the clerk of The Court of Queen’s Bench of New Brunswick a certificate certifying the amount of the costs and expenses that the person convicted of the offence is required to pay.

56.5(10.5) A certificate filed with the clerk of The Court of Queen’s Bench of New Brunswick under subsection (10.4) has the same force and effect as if it were a judgment of the Court for the recovery of a debt in the amount specified in the certificate.

56.5(10.6)All reasonable costs and charges attendant upon the preparation and filing of a certificate under subsection (10.4) may be recovered as if the amount had been included in the certificate.

56.5(10.7)If the person convicted of an offence under this Act or the regulations relating to the thing seized is not the owner and the owner pays the amount of the costs and expenses referred to in paragraph (10)(c), the owner may, by action in a court of competent jurisdiction, recover the amount from that person.

56.5(10.71)The Minister is not responsible for maintaining or servicing or having maintained or serviced any equipment, vehicle or other property seized under this section while it is held in custody but, upon application in writing by any of the following persons, the Minister may authorize the person to maintain or service or to have maintained or serviced the equipment, vehicle or other property while it is held in custody:

56.5(10.8)The Crown, the Minister, the conservation officer or any person assisting the conservation officer is not liable, without negligence, for any loss, including economic loss, or damage suffered by any person as a result of

56.5(10.9)The Crown, the Minister, the conservation officer or any person assisting the conservation officer is not liable for any deterioration, diminution or other devaluation of the thing seized under this section.

56.5(11)In a prosecution with respect to an offence under this Act or the regulations, where it is established by the Crown that the land on which the accused was on, or upon which an act was proved to have been done by the accused is shown on the records and plans on file in the office of the Minister as Crown Lands, the accused shall, in the absence of evidence to the contrary, be deemed to have been on, or to have done the act proved to have been done by the accused upon, Crown Lands.

56.5(1)In this section

56.5(2)A forest service officer may, in the course of conducting a lawful search in respect of an offence under this Act or the regulations,

56.5(3)Where a forest service officer finds timber from Crown Lands, in respect of which the forest service officer has reasonable and probable grounds to believe an offence under this Act or the regulations has been committed, that is mixed with timber

56.5(4)Where a forest service officer in the course of conducting a lawful search in respect of an offence under this Act or the regulations seizes timber or other property belonging to the Crown or any equipment or vehicle that will afford evidence of the commission of the offence, the forest service officer shall

56.5(5)Where any equipment, vehicle, timber or other property not belonging to the Crown has been seized by a forest service officer and will not be retained for evidentiary purposes or will not be the subject of an application for an order of forfeiture, the Minister may authorize the forest service officer to return the thing seized to a person with a property interest in it.

56.5(6)Where any equipment, vehicle, timber or other property not belonging to the Crown has been seized by a forest service officer and not returned under subsection (5), a person with a property interest in the thing seized may, after giving the prosecutor fourteen days’ notice in writing of the person’s intention of doing so, apply to a judge for the return of the thing seized.

56.5(7)Where an application under subsection (6) has been heard, the judge may order the return of the thing seized to the person who made the application and may require the person to post or deposit with the court a bond or other security in such amount as the judge considers appropriate.

56.5(8)Where the judge under subsection (7) orders the return of the thing seized, the forest service officer shall return it as soon thereafter as is practicable to the person who made the application.

56.5(9)Where a person is convicted of a violation of this Act or the regulations,

56.5(9.1)Upon the making of an order under paragraph(9)(b), the bond or other security, or the thing seized under this Act or the Provincial Offences Procedure Act, is forfeited to the Minister and the Minister may, not sooner than thirty days after the date of the conviction, realize upon the bond or other security or dispose of the thing by public auction or in such manner and at such time as the Minister sees fit.

56.5(10)Where any equipment, vehicle, timber or other property not belonging to the Crown has been seized by a forest service officer, the forest service officer shall return the thing seized to the owner or person in possession at the time of the seizure

56.5(11)In a prosecution with respect to an offence under this Act or the regulations, where it is established by the Crown that the land on which the accused was on, or upon which an act was proved to have been done by the accused is shown on the records and plans on file in the office of the Minister as Crown Lands, the accused shall, in the absence of evidence to the contrary, be deemed to have been on, or to have done the act proved to have been done by the accused upon, Crown Lands.

56.5(1)In this section

56.5(2)A forest service officer may, in the course of conducting a lawful search in respect of an offence under this Act or the regulations,

56.5(3)Where a forest service officer finds timber from Crown Lands, in respect of which the forest service officer has reasonable and probable grounds to believe an offence under this Act or the regulations has been committed, that is mixed with timber

56.5(4)Where a forest service officer in the course of conducting a lawful search in respect of an offence under this Act or the regulations seizes timber or other property belonging to the Crown or any equipment or vehicle that will afford evidence of the commission of the offence, the forest service officer shall

56.5(5)Where any equipment, vehicle, timber or other property not belonging to the Crown has been seized by a forest service officer and will not be retained for evidentiary purposes or will not be the subject of an application for an order of forfeiture, the Minister may authorize the forest service officer to return the thing seized to a person with a property interest in it.

56.5(6)Where any equipment, vehicle, timber or other property not belonging to the Crown has been seized by a forest service officer and not returned under subsection (5), a person with a property interest in the thing seized may, after giving the prosecutor fourteen days’ notice in writing of the person’s intention of doing so, apply to a judge for the return of the thing seized.

56.5(7)Where an application under subsection (6) has been heard, the judge may order the return of the thing seized to the person who made the application and may require the person to post or deposit with the court a bond or other security in such amount as the judge considers appropriate.

56.5(8)Where the judge under subsection (7) orders the return of the thing seized, the forest service officer shall return it as soon thereafter as is practicable to the person who made the application.

56.5(9)Where a person is convicted of a violation of this Act or the regulations,

56.5(9.1)Upon the making of an order under paragraph(9)(b), the bond or other security, or the thing seized under this Act or the Provincial Offences Procedure Act, is forfeited to the Minister and the Minister may, not sooner than thirty days after the date of the conviction, realize upon the bond or other security or dispose of the thing by public auction or in such manner and at such time as the Minister sees fit.

56.5(10)Where any equipment, vehicle, timber or other property not belonging to the Crown has been seized by a forest service officer, the forest service officer shall return the thing seized to the owner or person in possession at the time of the seizure

56.5(11)In a prosecution with respect to an offence under this Act or the regulations, where it is established by the Crown that the land on which the accused was on, or upon which an act was proved to have been done by the accused is shown on the records and plans on file in the office of the Minister as Crown Lands, the accused shall, in the absence of evidence to the contrary, be deemed to have been on, or to have done the act proved to have been done by the accused upon, Crown Lands.