PART XVII MISCELLANEOUS
Forfeiture on conviction
190.2 (1) On its own initiative or on the request of the prosecutor, the court that convicts a person of an offence under this Act, in addition to any other penalty imposed by the court, may, if conviction is in relation to an offence in connection with which a thing has been seized under section 160 or 161 or under a warrant issued under the Provincial Offences Act, order that the thing be forfeited to the Crown.  1998, c. 35, s. 40. Same (2) The court shall not make an order under subsection (1) unless the court is satisfied that, (a) the seizure of the thing was lawful; and (b) no later than seven days before the hearing of the request, written notice was provided by a provincial officer, (i) to every person whom the provincial officer knows or has reason to believe is an owner of the thing seized, (ii) to every person who has a security interest in the thing that is perfected by registration under the Personal Property Security Act against the name of any person whom the provincial officer knows or has reason to believe is the owner, (iii) where the thing seized is a vehicle, to every person who has a security interest in the vehicle that is perfected by registration under the Personal Property Security Act
against the vehicle identification number of the vehicle, and (iv) where the thing seized is a vehicle and the vehicle is registered under the Highway Traffic Act, to the registered owner.  1998, c. 35, s. 40. Contents of notice (3) Notice under subsection (2) shall include, (a) a description of the thing seized sufficient to enable it to be identified; (b) the location at which the thing was seized; (c) the date of the seizure; (d) the name and telephone number of the provincial officer who seized the thing or of his or her delegate; (e) a statement of the reason for the seizure; (f) a reference to the statutory provision authorizing the seizure; (g) a statement that an order for forfeiture of the thing is being sought under this section; and (h) a statement that the person to whom the notice is provided may make submissions to the court with respect to the issuance of an order under this section.  1998, c. 35, s. 40. Disposition of things forfeited (4) A thing forfeited under this section may be disposed of as the Director directs.  1998, c. 35, s. 40. Relief against forfeiture (5) A person who had an interest in a thing forfeited under this section may apply to the Superior Court of Justice for relief against the forfeiture and the court may make an order providing for any relief that it considers appropriate, including, but not limited to, one or more of the following orders: 1. An order directing that the thing or any part of the thing be returned to the applicant. 2. An order directing that any interest in the thing be vested in the applicant. 3. An order directing that an amount be paid by the Crown to the applicant by way of compensation for the forfeiture.  1998, c. 35, s. 40; 2001, c. 9, Sched. G, s. 5 (21). When relief not to be ordered (6) The court shall not make an order for relief under subsection (5) in respect of a thing forfeited where the person applying for the relief, (a) has been served with an order requiring the person to pay an environmental penalty in connection with a matter that was associated with the seizure of the thing, unless the order has been revoked; or Note: On a day to be named by proclamation of the Lieutenant Governor, clause 190.2 (6) (a) of the Act is amended by striking out “environmental penalty” and substituting “administrative penalty”. (See: 2019, c. 14, Sched. 8, s. 23) (b) has been charged with an offence that was associated with the seizure of the thing, unless the charge has been withdrawn or dismissed.  1998, c. 35, s. 40; 2005, c. 12, s. 1 (64). Section Amendments with date in force (d/m/y) 1998, c. 35, s. 40 - 01/02/1999 2001, c. 9, Sched. G, s. 5 (21) - 29/06/2001 2005, c. 12, s. 1 (64)
- 01/08/2007 2019, c. 9, Sched. 7, s. 12 - no effect - see 2019, c. 14, Sched. 8, s. 80 - 10/12/2019; 2019, c. 14, Sched. 8, s. 23 - not in force