Acts and Regulations

S-5.3 - Seafood Processing Act

Section 70
Disposition versions

Full text
Application by person claiming interest
70(1)If any fish, containers or the proceeds of any sale under subsection 67(11) are forfeited to the Crown in right of the Province under section 69, any person, other than a person convicted of the offence, who claims an interest in the fish, containers or proceeds as owner, mortgagee, lienholder or holder of any like interest may, within 30 days after the date of the forfeiture, apply to a judge of The Court of King’s Bench of New Brunswick for an order under subsection (4).
70(2)The judge to whom an application is made under subsection (1) shall fix a day not more than 20 days after the date of filing the application for the hearing of the application.
70(3)The applicant shall serve notice of the application and of the hearing on the Minister at least 10 days before the day fixed for the hearing.
70(4)If, on the hearing of an application, the judge is satisfied on a balance of probabilities that the applicant is not guilty of any complicity in the offence that resulted in the forfeiture and of any collusion in relation to that offence with the person who was convicted of the offence, the applicant is entitled to an order declaring that his or her interest is not affected by such forfeiture and declaring the nature and extent of his or her interest.
70(5)The applicant or the Minister may appeal an order under subsection (4) in accordance with the Rules of Court.
70(6)The Minister shall, on application made to the Minister by any person who has obtained a final order under this section,
(a) direct that the fish, containers or proceeds to which the interest of the applicant relates be returned to the applicant, or
(b) direct that an amount equal to the extent of the interest of the applicant, as declared in the order, be paid to the applicant.
70(7)An application under subsection (6) shall be made not later than 10 days after a final order is made under this section.
70(8)The Minister may sell or otherwise dispose of the fish and containers as he or she sees fit if
(a) notice of an application made under subsection (1) has not been served on the Minister within the time prescribed in subsection (3),
(b) an application has been made under subsection (1) and dismissed and the time limited for appeal has expired, or
(c) an amount is to be paid under paragraph (6)(b).
2023, c.17, s.252
Application by person claiming interest
70(1)If any fish, containers or the proceeds of any sale under subsection 67(11) are forfeited to Her Majesty in right of the Province under section 69, any person, other than a person convicted of the offence, who claims an interest in the fish, containers or proceeds as owner, mortgagee, lienholder or holder of any like interest may, within 30 days after the date of the forfeiture, apply to a judge of The Court of Queen’s Bench of New Brunswick for an order under subsection (4).
70(2)The judge to whom an application is made under subsection (1) shall fix a day not more than 20 days after the date of filing the application for the hearing of the application.
70(3)The applicant shall serve notice of the application and of the hearing on the Minister at least 10 days before the day fixed for the hearing.
70(4)If, on the hearing of an application, the judge is satisfied on a balance of probabilities that the applicant is not guilty of any complicity in the offence that resulted in the forfeiture and of any collusion in relation to that offence with the person who was convicted of the offence, the applicant is entitled to an order declaring that his or her interest is not affected by such forfeiture and declaring the nature and extent of his or her interest.
70(5)The applicant or the Minister may appeal an order under subsection (4) in accordance with the Rules of Court.
70(6)The Minister shall, on application made to the Minister by any person who has obtained a final order under this section,
(a) direct that the fish, containers or proceeds to which the interest of the applicant relates be returned to the applicant, or
(b) direct that an amount equal to the extent of the interest of the applicant, as declared in the order, be paid to the applicant.
70(7)An application under subsection (6) shall be made not later than 10 days after a final order is made under this section.
70(8)The Minister may sell or otherwise dispose of the fish and containers as he or she sees fit if
(a) notice of an application made under subsection (1) has not been served on the Minister within the time prescribed in subsection (3),
(b) an application has been made under subsection (1) and dismissed and the time limited for appeal has expired, or
(c) an amount is to be paid under paragraph (6)(b).
Application by person claiming interest
70(1)If any fish, containers or the proceeds of any sale under subsection 67(11) are forfeited to Her Majesty in right of the Province under section 69, any person, other than a person convicted of the offence, who claims an interest in the fish, containers or proceeds as owner, mortgagee, lienholder or holder of any like interest may, within 30 days after the date of the forfeiture, apply to a judge of The Court of Queen’s Bench of New Brunswick for an order under subsection (4).
70(2)The judge to whom an application is made under subsection (1) shall fix a day not more than 20 days after the date of filing the application for the hearing of the application.
70(3)The applicant shall serve notice of the application and of the hearing on the Minister at least 10 days before the day fixed for the hearing.
70(4)If, on the hearing of an application, the judge is satisfied on a balance of probabilities that the applicant is not guilty of any complicity in the offence that resulted in the forfeiture and of any collusion in relation to that offence with the person who was convicted of the offence, the applicant is entitled to an order declaring that his or her interest is not affected by such forfeiture and declaring the nature and extent of his or her interest.
70(5)The applicant or the Minister may appeal an order under subsection (4) in accordance with the Rules of Court.
70(6)The Minister shall, on application made to the Minister by any person who has obtained a final order under this section,
(a) direct that the fish, containers or proceeds to which the interest of the applicant relates be returned to the applicant, or
(b) direct that an amount equal to the extent of the interest of the applicant, as declared in the order, be paid to the applicant.
70(7)An application under subsection (6) shall be made not later than 10 days after a final order is made under this section.
70(8)The Minister may sell or otherwise dispose of the fish and containers as he or she sees fit if
(a) notice of an application made under subsection (1) has not been served on the Minister within the time prescribed in subsection (3),
(b) an application has been made under subsection (1) and dismissed and the time limited for appeal has expired, or
(c) an amount is to be paid under paragraph (6)(b).