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Fisheries Act

Version of section 71 from 2019-06-21 to 2020-11-02:


Marginal note:Detention of seized things

  •  (1) Subject to this section, any fish or other thing seized under this Act, or any proceeds realized from its disposition, may be detained until the fish or thing or proceeds are forfeited or proceedings relating to the fish or thing are finally concluded.

  • Marginal note:Return on deposit of security

    (2) Subject to subsection 72(4), a court may order any fish or other thing seized under this Act to be returned to the person from whom it was seized if security is given to Her Majesty in a form and amount that is satisfactory to the Minister.

  • Marginal note:Return where proceedings not instituted

    (3) Subject to subsection 72(4), where proceedings are not instituted in relation to any fish or other thing seized under this Act, the fish or thing or any proceeds realized from its disposition shall be returned to the person from whom it was seized

    • (a) on the Minister’s decision not to institute proceedings; or

    • (b) on the expiration of ninety days after the day of the seizure or any further period that may be specified in an order made under subsection (4).

  • Marginal note:Order to extend detention

    (4) A court may, by order, permit the fish or other thing seized or any proceeds realized from its disposition to be detained for any further period that may be specified in the order if the Minister makes a request to that effect before the end of the period of detention in question and the court is satisfied that the order is justified in the circumstances.

  • R.S., 1985, c. F-14, s. 71
  • 1991, c. 1, s. 21
  • 2019, c. 14, s. 41
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