23.0.1 (1) This section applies if, on an inspection under subsection 23 (1), a person authorized by the Minister has reasonable and probable grounds to believe that either of the following circumstances exists: 1.  A person is contravening subsection 2.3 (1) or (2) with respect to raw leaf tobacco. 2.  A person who holds a registration certificate issued under subsection 2.2 (1) or (2) is failing to comply with a condition or restriction imposed under subsection 2.2 (7) relating to the quantity of raw leaf tobacco that the person may produce or process.  2011, c. 15, s. 33. Exception (1.1) This section does not apply to raw leaf tobacco that is required to be baled or packaged under section 2.4 but that has not been baled or packaged as required. 2015, c. 38, Sched. 21, s. 7 (1). Notice of intent to seize (2) If the person authorized by the Minister intends to seize, impound, hold or dispose of the raw leaf tobacco, he or she shall personally serve written notice of the intended action to the person referred to in paragraph 1 or 2 of subsection (1) and the notice must include such information as may be prescribed by the Minister.  2011, c. 15, s. 33. No disposal of raw leaf tobacco (3) If a person receives a notice of intent under subsection (2), the person shall not dispose of the tobacco.  2011, c. 15, s. 33. Offence, unauthorized disposal (4) Every person who contravenes subsection (3) is guilty of an offence and, on conviction, is liable to the following penalties: 1.  A fine of not less than $10,000 and not more than $1,000,000, plus an additional fine of not less than $25 for every kilogram of raw leaf tobacco the person disposed of in contravention of subsection (3). 2.  A term of imprisonment of not more than two years if the quantity of raw leaf tobacco exceeds 3,200 kilograms or if it is not the person’s first conviction under this section. 2015, c. 38, Sched. 21, s. 7 (2); 2016, c. 37, Sched. 26, s. 6. Penalty for unauthorized disposal: (4.1) If a person contravenes subsection (3), the person shall pay a penalty, when assessed for it, equal to the sum of the following amounts: 1.  $25 for every kilogram of raw leaf tobacco disposed of contrary to subsection (3). 2.  An amount equal to, i.  $2,500, if it is the person’s first penalty assessed under this subsection. ii.  $5,000, if it is the person’s second penalty assessed under this subsection. iii.  $15,000 if the person has been assessed for a penalty under this subsection at least two times before. 2015, c. 38, Sched. 21, s. 7 (2). Determining mass of raw leaf tobacco (5) For the purposes of paragraph 1 of subsection (4.1), the person making the inspection is authorized to determine the mass of raw leaf tobacco disposed of contrary to subsection (3) and shall do so in such manner and form and by such procedure as the Minister considers adequate and expedient.  2011, c. 15, s. 33; 2018, c. 8, Sched. 35, s. 7. Request to defer seizure (6) If the person to whom the notice is given wishes to avoid having the intended action taken under subsection (2), the person shall make a written request to the Minister within five days after receiving the notice that the intended action be deferred to enable the person to appear before the Minister or his or her delegate to show why the Minister should not take the intended action.  2011, c. 15, s. 33. Latest date for appearance before the Minister (7) If the person makes a written request under subsection (6), the day on which the person may appear before the Minister or his or her delegate must not be more than 15 days after the day the notice of intent was given by the Minister under subsection (2).  2011, c. 15, s. 33. Provision of information to the Minister (8) The Minister shall not take the intended action under subsection (2) if, after the person has appeared before the Minister or his or her delegate, the Minister is satisfied that the following criteria has been met: 1.  If the person was alleged to have been contravening subsection 2.3 (1) or (2), that the person was not in contravention, or has ceased contravening, the applicable subsection. 2.  If the person was alleged to have been failing to comply with a condition or restriction referred to in paragraph 2 of subsection (1), that the person was not failing to comply with the condition or restriction or has discontinued the non-compliance.  2011, c. 15, s. 33. Authority to seize, etc. (9) In any of the following circumstances, the person authorized by the Minister may seize, impound, hold or dispose of the raw leaf tobacco in accordance with the notice of intent given under subsection (2): 1.  If the person to whom the notice is given does not make a written request in accordance with subsection (6) that the intended action be deferred. 2.  If the person makes a written request under subsection (6) but fails to appear before the Minister or his or her delegate within the time specified in subsection (7). 3.  If, after the person appears before the Minister or his or her delegate, the Minister is not satisfied that the alleged contravention or non-compliance was not occurring or is not satisfied that the person has ceased the contravention or non-compliance.  2011, c. 15, s. 33. Raw leaf tobacco not harvested (9.1) If a notice of intent given under subsection (2) relates to the seizure and disposal of raw leaf tobacco that has not yet been harvested and the person authorized by the Minister may seize and dispose of the tobacco in accordance with subsection (9), (a)  the person authorized by the Minister may supervise the removal and disposal of the tobacco by, and at the risk and expense of, the person to whom notice was given under subsection (2); and (b)  the Minister may recover the cost of the removal or disposal from the person to whom notice was given under subsection (2). 2017, c. 8, Sched. 32, s. 9. Forfeiture to the Crown (10) Raw leaf tobacco seized under this section is forfeited to the Crown to be disposed of as the Minister directs.  2011, c. 15, s. 33. Section Amendments with date in force (d/m/y) 2011, c. 15, s. 33 - 01/10/2012 2015, c. 38, Sched. 21, s. 7 (1, 2) - 10/12/2015 2016, c. 37, Sched. 26, s. 6 - 08/12/2016 2017, c. 8, Sched. 32, s. 9 - 17/05/2017 2018, c. 8, Sched. 35, s. 7 - 08/05/2018