Consumer Packaging and Labelling Act

Marginal note:Seizure

• 15 (1) Where an inspector believes on reasonable grounds that any provision of this Act or the regulations has been contravened, the inspector may seize and detain any product or any labelling, packaging or advertising material by means of or in relation to which the inspector believes on reasonable grounds the contravention was committed.

• Marginal note:Seizure limitation

  (2) Except to the extent that the product or other thing, or a sample thereof, is required as evidence, an inspector shall not seize any product or other thing pursuant to subsection (1) where, in the opinion of the inspector, the seizure of the product or other thing is not necessary in the public interest.

• Marginal note:Notice to person of provision contravened

  (3) Where an inspector has seized and detained any product or other thing pursuant to subsection (1), he shall, as soon as practicable, advise the person in whose possession the product or other thing was at the time of seizure of the provision of this Act or the regulations that the inspector believes has been contravened.

• Marginal note:Detention limitation

  (4) Any product or other thing seized pursuant to subsection (1) shall not be detained

  • (a) after the provisions of this Act or any regulations that are applicable to the product or other thing have, in the opinion of an inspector, been complied with;

  • (b) except to the extent that the product or other thing, or a sample thereof, is required as evidence, after an inspector or the Minister is, on application made by the owner of the product or other thing or by the person in whose possession the product or other thing was at the time of seizure, satisfied that it is not necessary in the public interest to continue to detain the product or other thing; or

  • (c) after the expiration of sixty days after the day of seizure, or if the seizure is in respect of a contravention of the Act as it relates to food as defined in section 2 of the Food and Drugs Act, one hundred and eighty days after the day of seizure, unless, before that time,

    • (i) the product or other thing has been forfeited pursuant to section 17,

    • (ii) proceedings have been instituted in respect of the contravention in relation to which the product or other thing was seized, in which event the product or other thing may be detained until the proceedings are finally concluded, or

    • (iii) notice of an application for an order extending the time during which the product or other thing may be detained has been served in accordance with section 16.

• Marginal note:Storage and removal

  (5) A product or other thing seized by an inspector pursuant to subsection (1) shall be kept or stored in the building or place where it was seized, except where the product or thing, or a sample thereof, is required as evidence or the person in whose possession the product or thing was at the time of seizure or the person entitled to possession of the building or place requests that it be removed to some other proper place, in which case the product or thing or the sample thereof, as the case may be, may be removed to and stored in any other proper place at the direction of or with the concurrence of an inspector.