Fisheries Act

Marginal note:Application by person claiming interest

• 75 (1) Subject to section 71.01, if any thing other than fish is forfeited to Her Majesty under subsection 72(1) or (4), any person who claims an interest in the thing as owner, mortgagee, lienholder or holder of any like interest, other than a person convicted of the offence that resulted in the forfeiture or a person from whom the thing was seized, may, within 30 days after the forfeiture, apply in writing to a judge for an order under subsection (4).

• Marginal note:Date of hearing

  (2) The judge to whom an application is made pursuant to subsection (1) shall fix a day not less than thirty days after the date of filing of the application for the hearing thereof.

• Marginal note:Notice

  (3) The applicant shall serve a notice of the application and of the hearing on the Minister at least fifteen days before the day fixed for the hearing.

• Marginal note:Order by judge

  (4) Where, on the hearing of an application made pursuant to subsection (1), it is made to appear to the satisfaction of the judge,

  • (a) that the applicant is innocent of any complicity in the offence or alleged offence that resulted in the forfeiture and of any collusion in relation to that offence with the person who was convicted of, or who may have committed, the offence, and

  • (b) that the applicant exercised all reasonable care in respect of the person permitted to obtain the possession of the thing in respect of which the application is made to satisfy himself that the thing was not likely to be used contrary to this Act or the regulations, or, in the case of a mortgagee or lienholder, that he exercised such care with respect to the mortgagor or the liengiver,

  the applicant is entitled to an order declaring that his interest is not affected by the forfeiture and declaring the nature and extent of his interest.