Telecommunications Act

Marginal note:Forfeiture of telecommunications apparatus

• 74.1 (1) In the case of a conviction for an offence arising out of a contravention of subsection 69.2(1) or (2), any telecommunications apparatus in relation to which or by means of which the offence was committed may be forfeited to Her Majesty in right of Canada by order of the Minister for the disposition, subject to subsections (2) to (6), that the Minister may direct.

• Marginal note:Notice of forfeiture

  (2) If apparatus is ordered to be forfeited under subsection (1), the Minister shall cause a notice of the forfeiture to be published in the Canada Gazette.

• Marginal note:Application by person claiming interest

  (3) Any person, other than a party to the proceedings that resulted in a forfeiture under subsection (1), who claims an interest in the apparatus as owner, mortgagee, hypothecary creditor, holder of a prior claim, lien holder or holder of any like right or interest may, within ninety days after the making of the order of forfeiture, apply to any superior court of competent jurisdiction for an order under subsection (6), in which case the court shall fix a day for the hearing of the application.

• Marginal note:Notice

  (4) The court may find the application abandoned if the applicant does not, at least thirty days before 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 apparatus that is the subject-matter of the application as owner, mortgagee, hypothecary creditor, holder of a prior claim, lien holder or holder of any like right or interest of whom the applicant has knowledge.

• Marginal note:Notice of intervention

  (5) Every person, other than the Minister, who is served with a notice under subsection (4) must, in order to appear at the hearing of the application, file an appropriate notice of intervention in the record of the court and serve a copy of that notice on the Minister and on the applicant at least ten days before the day fixed for the hearing or any shorter period that the court may allow.

• Marginal note:Order declaring nature and extent of interests

  (6) An applicant or intervener is entitled to an order declaring that their interest is not affected by the forfeiture and declaring the nature and extent of their interest and the priority of their interest in relation to other interests recognized under this subsection, and the court may, in addition, order that the apparatus to which the interests relate be delivered to one or more of the persons found to have an interest in the apparatus, 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, if, on the hearing of an application under this section, the court is satisfied that the applicant or intervener

  • (a) is innocent of any complicity and collusion in any conduct that caused the apparatus to be subject to forfeiture; and

  • (b) in the case of owners, exercised all reasonable care in respect of the persons permitted to obtain possession and use of the apparatus to satisfy themselves that it was not likely to be used in the commission of an offence arising out of a contravention of section 69.2.

• Marginal note:Liability for costs

  (7) Any persons convicted in respect of the forfeited apparatus are jointly and severally, or solidarily, liable for all the costs of inspection, seizure, forfeiture or disposition incurred by Her Majesty that exceed any proceeds of the disposition of the apparatus that have been forfeited to Her Majesty under this section.