Electricity and Gas Inspection Act
31. (1) Subject to subsections (2) to (5), where any person is convicted of an offence under paragraph 30(b), any meter to which the offence relates is, in addition to any punishment imposed for the offence, forfeited to Her Majesty if that forfeiture is ordered by the court, in which event the meter shall be destroyed or otherwise disposed of as the Minister may direct.
Marginal note:Application by person claiming interest
(2) Where any meter is ordered to be forfeited under subsection (1), any person, other than a party to the proceedings that resulted in the order, who claims an interest in the meter as owner, mortgagee, lien holder or holder of any like interest may, within thirty days after the making of the order of forfeiture, apply to any superior court of competent jurisdiction for an order under subsection (5) whereupon the court shall fix a day for the hearing of the application.
(3) An applicant for an order under subsection (5) shall, at least thirty days prior to the day fixed for the hearing of the application, serve a notice of the application and of the hearing on the Minister and on all other persons claiming an interest in the meter that is the subject-matter of the application as owner, mortgagee, lien holder or holder of any like interest of whom he has knowledge.
Marginal note:Notice of intervention
(4) Each person, other than the Minister, who is served with a notice under subsection (3) and who intends to appear at the hearing of the application to which the notice relates shall, at least ten days prior to the day fixed for the hearing, file an appropriate notice of intervention in the record of the court and serve a copy thereof on the Minister and on the applicant.
Marginal note:Order declaring nature and extent of interests
(5) Where, on the hearing of an application under this section, the court is satisfied that the applicant or any intervenor
(a) is innocent of any complicity in any conduct that caused the meter to be subject to forfeiture and of any collusion in relation to any such conduct, and
(b) exercised all reasonable care in respect of the persons permitted to obtain possession and use of the meter to satisfy himself that it was not likely to be used in the commission of an offence under paragraph 30(b) or, in the case of a mortgagee or lien holder, that he exercised such care with respect to the mortgagor or the lien giver,
the applicant, intervenor or both are entitled to an order declaring that their interests are not affected by the forfeiture and declaring the nature and extent of each of their interests and the priorities among them, and the court may, in addition, order that the meter to which the interests relate be delivered to one or more of the persons found to have an interest therein or that an amount equal to the value of each of the interests so declared be paid to the persons found to have those interests.
- 1980-81-82-83, c. 87, s. 30.
- Date modified: