Acts and Regulations

P-19.01 - Protected Natural Areas Act

Section 27
Disposition versions

Full text
Search, seizure and return or forfeiture of property seized
27(1)In this section
“judicial district” means a judicial district for the Trial Division of The Court of King’s Bench of New Brunswick; (circonscription judiciaire)
“prosecutor” means the Attorney General or an agent of the Attorney General or counsel acting on behalf of the Attorney General. (poursuivant)
27(2)A conservation officer may, in the course of conducting a lawful search in respect of an offence under this Act or the regulations,
(a) seize and remove any vehicle that he or she has reasonable and probable grounds to believe has knowingly been used as a means of transportation to assist any person in the commission of an offence under this Act or the regulations, and
(b) seize and remove any vehicle in which he or she finds anything 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.
27(3)Where a conservation officer finds any fauna, flora or other thing in plain view where he or she lawfully is and 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, he or she may seize all or any part of such fauna, flora or thing.
27(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 property that may afford evidence of the commission of the offence, he or she shall
(a) without delay, report the particulars of the seizure to the Minister, and
(b) where he or she has knowledge of the person who was in actual or apparent possession of the property seized at the time of the seizure, give notice in writing to that person of the seizure.
27(5)Where any 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 property seized to the owner or the person who was in lawful possession of the seized property at the time of the seizure.
27(6)Where any property not belonging to the Crown has been seized by a conservation officer and not returned under subsection (5), a person with an interest in the property seized may apply to a judge for the return of the property after giving to the prosecutor and any other person known by the person making the application to have or to claim an interest in the property 14 days’ notice in writing of the person’s intention of making the application.
27(7)A notice required to be given to a prosecutor under subsection (6) may be delivered or mailed to the prosecutor’s office in the judicial district in which the property was seized, and when sent by mail to the prosecutor’s office shall be deemed to have been received by the prosecutor not later than the seventh day after the day of mailing.
27(8)A notice referred to in subsection (6) shall contain
(a) a brief description of the property seized and of the circumstances surrounding its seizure,
(b) the time and place for hearing the application, and
(c) a statement of the grounds and facts upon which the application is based.
27(9)Where an application under subsection (6) has been heard, the judge may order the return of the property seized to the person who made the application and may require the person to deposit with the court a sum of money or other security in such amount as the judge considers appropriate.
27(10)Where the judge under subsection (6) orders the return of the property seized, the conservation officer shall return it as soon after the order as is practicable to the person who made the application.
27(11)Where a person is convicted of an offence in respect of this Act or the regulations,
(a) any property belonging to the Crown seized under this Act or the Provincial Offences Procedure Act is, upon the conviction, in addition to any penalty imposed, forfeited to the Minister and the Minister may dispose of it in the manner the Minister considers appropriate, and
(b) the judge may, in addition to any other penalty imposed,
(i) order that any sum of money or other security deposited with the court under subsection (9) be forfeited to the Minister, or
(ii) order that any property seized under this Act or the Provincial Offences Procedure Act that has not been returned under subsection (5) or (9) be forfeited to the Minister.
27(12)Upon the making of an order under paragraph (11)(b),
(a) the sum of money or other security is forfeited to the Minister, and the Minister may not sooner than 30 days after the date of the conviction make use of the money or realize on the other security, and
(b) the property seized under this Act or the Provincial Offences Procedure Act is forfeited to the Minister, and the Minister may not sooner than 30 days after the date of the conviction dispose of the property in the manner the Minister considers appropriate.
27(13)Where any property not belonging to the Crown has been seized by a conservation officer and a prosecution has not been instituted within 6 months after the events giving rise to the seizure of the property, he or she shall return the property seized to the owner or person who was in lawful possession of the property seized at the time of the seizure.
27(14)Where any property not belonging to the Crown has been seized by a conservation officer, he or she shall, within 30 days after the final disposition of the charge in relation to the events giving rise to the seizure, return the property seized to the owner or the person who was in lawful possession of the property seized at the time of the seizure
(a) if the person in lawful possession at the time of the seizure was charged with an offence under this Act or the regulations and no conviction resulted from the charge, or
(b) if the person in lawful possession at the time of the seizure was charged with an offence under this Act or the regulations and a conviction resulted from the charge but the judge did not order the forfeiture of the property seized.
2013, c.39, s.17; 2023, c.17, s.213
Search, seizure and return or forfeiture of property seized
27(1)In this section
“judicial district” means a judicial district for the Trial Division of The Court of Queen’s Bench of New Brunswick; (circonscription judiciaire)
“prosecutor” means the Attorney General or an agent of the Attorney General or counsel acting on behalf of the Attorney General. (poursuivant)
27(2)A conservation officer may, in the course of conducting a lawful search in respect of an offence under this Act or the regulations,
(a) seize and remove any vehicle that he or she has reasonable and probable grounds to believe has knowingly been used as a means of transportation to assist any person in the commission of an offence under this Act or the regulations, and
(b) seize and remove any vehicle in which he or she finds anything 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.
27(3)Where a conservation officer finds any fauna, flora or other thing in plain view where he or she lawfully is and 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, he or she may seize all or any part of such fauna, flora or thing.
27(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 property that may afford evidence of the commission of the offence, he or she shall
(a) without delay, report the particulars of the seizure to the Minister, and
(b) where he or she has knowledge of the person who was in actual or apparent possession of the property seized at the time of the seizure, give notice in writing to that person of the seizure.
27(5)Where any 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 property seized to the owner or the person who was in lawful possession of the seized property at the time of the seizure.
27(6)Where any property not belonging to the Crown has been seized by a conservation officer and not returned under subsection (5), a person with an interest in the property seized may apply to a judge for the return of the property after giving to the prosecutor and any other person known by the person making the application to have or to claim an interest in the property 14 days’ notice in writing of the person’s intention of making the application.
27(7)A notice required to be given to a prosecutor under subsection (6) may be delivered or mailed to the prosecutor’s office in the judicial district in which the property was seized, and when sent by mail to the prosecutor’s office shall be deemed to have been received by the prosecutor not later than the seventh day after the day of mailing.
27(8)A notice referred to in subsection (6) shall contain
(a) a brief description of the property seized and of the circumstances surrounding its seizure,
(b) the time and place for hearing the application, and
(c) a statement of the grounds and facts upon which the application is based.
27(9)Where an application under subsection (6) has been heard, the judge may order the return of the property seized to the person who made the application and may require the person to deposit with the court a sum of money or other security in such amount as the judge considers appropriate.
27(10)Where the judge under subsection (6) orders the return of the property seized, the conservation officer shall return it as soon after the order as is practicable to the person who made the application.
27(11)Where a person is convicted of an offence in respect of this Act or the regulations,
(a) any property belonging to the Crown seized under this Act or the Provincial Offences Procedure Act is, upon the conviction, in addition to any penalty imposed, forfeited to the Minister and the Minister may dispose of it in the manner the Minister considers appropriate, and
(b) the judge may, in addition to any other penalty imposed,
(i) order that any sum of money or other security deposited with the court under subsection (9) be forfeited to the Minister, or
(ii) order that any property seized under this Act or the Provincial Offences Procedure Act that has not been returned under subsection (5) or (9) be forfeited to the Minister.
27(12)Upon the making of an order under paragraph (11)(b),
(a) the sum of money or other security is forfeited to the Minister, and the Minister may not sooner than 30 days after the date of the conviction make use of the money or realize on the other security, and
(b) the property seized under this Act or the Provincial Offences Procedure Act is forfeited to the Minister, and the Minister may not sooner than 30 days after the date of the conviction dispose of the property in the manner the Minister considers appropriate.
27(13)Where any property not belonging to the Crown has been seized by a conservation officer and a prosecution has not been instituted within 6 months after the events giving rise to the seizure of the property, he or she shall return the property seized to the owner or person who was in lawful possession of the property seized at the time of the seizure.
27(14)Where any property not belonging to the Crown has been seized by a conservation officer, he or she shall, within 30 days after the final disposition of the charge in relation to the events giving rise to the seizure, return the property seized to the owner or the person who was in lawful possession of the property seized at the time of the seizure
(a) if the person in lawful possession at the time of the seizure was charged with an offence under this Act or the regulations and no conviction resulted from the charge, or
(b) if the person in lawful possession at the time of the seizure was charged with an offence under this Act or the regulations and a conviction resulted from the charge but the judge did not order the forfeiture of the property seized.
2013, c.39, s.17
Search, seizure and return or forfeiture of property seized
27(1)In this section
“judicial district” means a judicial district for the Trial Division of The Court of Queen’s Bench of New Brunswick; (circonscription judiciaire)
“prosecutor” means the Attorney General or an agent of the Attorney General or counsel acting on behalf of the Attorney General. (poursuivant)
27(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,
(a) seize and remove any vehicle that the forest service officer has reasonable and probable grounds to believe has knowingly been used as a means of transportation to assist any person in the commission of an offence under this Act or the regulations, and
(b) seize and remove any vehicle in which the forest service officer finds anything 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.
27(3)Where a forest service officer finds any fauna, flora or other thing in plain view where the forest service officer lawfully is and 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, the forest service officer may seize all or any part of such fauna, flora or thing.
27(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 property that may afford evidence of the commission of the offence, the forest service officer shall
(a) without delay, report the particulars of the seizure to the Minister, and
(b) where the forest service officer has knowledge of the person who was in actual or apparent possession of the property seized at the time of the seizure, give notice in writing to that person of the seizure.
27(5)Where any 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 property seized to the owner or the person who was in lawful possession of the seized property at the time of the seizure.
27(6)Where any property not belonging to the Crown has been seized by a forest service officer and not returned under subsection (5), a person with an interest in the property seized may apply to a judge for the return of the property after giving to the prosecutor and any other person known by the person making the application to have or to claim an interest in the property 14 days’ notice in writing of the person’s intention of making the application.
27(7)A notice required to be given to a prosecutor under subsection (6) may be delivered or mailed to the prosecutor’s office in the judicial district in which the property was seized, and when sent by mail to the prosecutor’s office shall be deemed to have been received by the prosecutor not later than the seventh day after the day of mailing.
27(8)A notice referred to in subsection (6) shall contain
(a) a brief description of the property seized and of the circumstances surrounding its seizure,
(b) the time and place for hearing the application, and
(c) a statement of the grounds and facts upon which the application is based.
27(9)Where an application under subsection (6) has been heard, the judge may order the return of the property seized to the person who made the application and may require the person to deposit with the court a sum of money or other security in such amount as the judge considers appropriate.
27(10)Where the judge under subsection (6) orders the return of the property seized, the forest service officer shall return it as soon after the order as is practicable to the person who made the application.
27(11)Where a person is convicted of an offence in respect of this Act or the regulations,
(a) any property belonging to the Crown seized under this Act or the Provincial Offences Procedure Act is, upon the conviction, in addition to any penalty imposed, forfeited to the Minister and the Minister may dispose of it in the manner the Minister considers appropriate, and
(b) the judge may, in addition to any other penalty imposed,
(i) order that any sum of money or other security deposited with the court under subsection (9) be forfeited to the Minister, or
(ii) order that any property seized under this Act or the Provincial Offences Procedure Act that has not been returned under subsection (5) or (9) be forfeited to the Minister.
27(12)Upon the making of an order under paragraph (11)(b),
(a) the sum of money or other security is forfeited to the Minister, and the Minister may not sooner than 30 days after the date of the conviction make use of the money or realize on the other security, and
(b) the property seized under this Act or the Provincial Offences Procedure Act is forfeited to the Minister, and the Minister may not sooner than 30 days after the date of the conviction dispose of the property in the manner the Minister considers appropriate.
27(13)Where any property not belonging to the Crown has been seized by a forest service officer and a prosecution has not been instituted within 6 months after the events giving rise to the seizure of the property, the forest service officer shall return the property seized to the owner or person who was in lawful possession of the property seized at the time of the seizure.
27(14)Where any property not belonging to the Crown has been seized by a forest service officer, the forest service officer shall, within 30 days after the final disposition of the charge in relation to the events giving rise to the seizure, return the property seized to the owner or the person who was in lawful possession of the property seized at the time of the seizure
(a) if the person in lawful possession at the time of the seizure was charged with an offence under this Act or the regulations and no conviction resulted from the charge, or
(b) if the person in lawful possession at the time of the seizure was charged with an offence under this Act or the regulations and a conviction resulted from the charge but the judge did not order the forfeiture of the property seized.
Search, seizure and return or forfeiture of property seized
27(1)In this section
“judicial district” means a judicial district for the Trial Division of The Court of Queen’s Bench of New Brunswick; (circonscription judiciaire)
“prosecutor” means the Attorney General or an agent of the Attorney General or counsel acting on behalf of the Attorney General. (poursuivant)
27(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,
(a) seize and remove any vehicle that the forest service officer has reasonable and probable grounds to believe has knowingly been used as a means of transportation to assist any person in the commission of an offence under this Act or the regulations, and
(b) seize and remove any vehicle in which the forest service officer finds anything 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.
27(3)Where a forest service officer finds any fauna, flora or other thing in plain view where the forest service officer lawfully is and 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, the forest service officer may seize all or any part of such fauna, flora or thing.
27(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 property that may afford evidence of the commission of the offence, the forest service officer shall
(a) without delay, report the particulars of the seizure to the Minister, and
(b) where the forest service officer has knowledge of the person who was in actual or apparent possession of the property seized at the time of the seizure, give notice in writing to that person of the seizure.
27(5)Where any 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 property seized to the owner or the person who was in lawful possession of the seized property at the time of the seizure.
27(6)Where any property not belonging to the Crown has been seized by a forest service officer and not returned under subsection (5), a person with an interest in the property seized may apply to a judge for the return of the property after giving to the prosecutor and any other person known by the person making the application to have or to claim an interest in the property 14 days’ notice in writing of the person’s intention of making the application.
27(7)A notice required to be given to a prosecutor under subsection (6) may be delivered or mailed to the prosecutor’s office in the judicial district in which the property was seized, and when sent by mail to the prosecutor’s office shall be deemed to have been received by the prosecutor not later than the seventh day after the day of mailing.
27(8)A notice referred to in subsection (6) shall contain
(a) a brief description of the property seized and of the circumstances surrounding its seizure,
(b) the time and place for hearing the application, and
(c) a statement of the grounds and facts upon which the application is based.
27(9)Where an application under subsection (6) has been heard, the judge may order the return of the property seized to the person who made the application and may require the person to deposit with the court a sum of money or other security in such amount as the judge considers appropriate.
27(10)Where the judge under subsection (6) orders the return of the property seized, the forest service officer shall return it as soon after the order as is practicable to the person who made the application.
27(11)Where a person is convicted of an offence in respect of this Act or the regulations,
(a) any property belonging to the Crown seized under this Act or the Provincial Offences Procedure Act is, upon the conviction, in addition to any penalty imposed, forfeited to the Minister and the Minister may dispose of it in the manner the Minister considers appropriate, and
(b) the judge may, in addition to any other penalty imposed,
(i) order that any sum of money or other security deposited with the court under subsection (9) be forfeited to the Minister, or
(ii) order that any property seized under this Act or the Provincial Offences Procedure Act that has not been returned under subsection (5) or (9) be forfeited to the Minister.
27(12)Upon the making of an order under paragraph (11)(b),
(a) the sum of money or other security is forfeited to the Minister, and the Minister may not sooner than 30 days after the date of the conviction make use of the money or realize on the other security, and
(b) the property seized under this Act or the Provincial Offences Procedure Act is forfeited to the Minister, and the Minister may not sooner than 30 days after the date of the conviction dispose of the property in the manner the Minister considers appropriate.
27(13)Where any property not belonging to the Crown has been seized by a forest service officer and a prosecution has not been instituted within 6 months after the events giving rise to the seizure of the property, the forest service officer shall return the property seized to the owner or person who was in lawful possession of the property seized at the time of the seizure.
27(14)Where any property not belonging to the Crown has been seized by a forest service officer, the forest service officer shall, within 30 days after the final disposition of the charge in relation to the events giving rise to the seizure, return the property seized to the owner or the person who was in lawful possession of the property seized at the time of the seizure
(a) if the person in lawful possession at the time of the seizure was charged with an offence under this Act or the regulations and no conviction resulted from the charge, or
(b) if the person in lawful possession at the time of the seizure was charged with an offence under this Act or the regulations and a conviction resulted from the charge but the judge did not order the forfeiture of the property seized.