60 (1) An employee or agent of the Ministry may seize and detain forest resources or a product manufactured from forest resources if any of the following circumstances exist: 1. The person for the time being in possession or control of the forest resources or product refuses or fails to inform the employee or agent of the name and address of the person from whom the resources or product was received or of any fact within the person’s knowledge respecting the resources or product. 2. The employee or agent believes on reasonable grounds that the forest resources or the forest resources from which the product was manufactured have not been measured, counted or weighed as required under this Act. 3. The employee or agent believes on reasonable grounds that Crown charges are owing in respect of the forest resources, the forest resources from which the product was manufactured, or any other forest resources. 4. The employee or agent believes on reasonable grounds that the forest resources or the forest resources from which the product was manufactured were removed from a Crown forest in contravention of this Act or the regulations.  1994, c. 25, s. 60 (1). Removal of seized material (2) Forest resources or products that are seized under subsection (1) may be removed to such place as the employee or agent considers proper for the protection of the resources or product.  1994, c. 25, s. 60 (2). Seizure from carrier (3) If forest resources or products are seized when in possession of a carrier, they shall be removed by the carrier to such place as the employee or agent may direct, but, (a) the Minister is liable for transportation and all other proper charges incurred in consequence of the directions given by the employee or agent; and (b) the seizure does not affect any lien to which the carrier is entitled in respect of the forest resources or products up to the time of the seizure.  1994, c. 25, s. 60 (3). Mixture with other forest resources (4) If forest resources liable to seizure have been mixed with other forest resources so as to render it impractical or difficult to distinguish the forest resources liable to seizure from the other forest resources with which they are mixed, all of the forest resources so mixed may be seized and detained.  1994, c. 25, s. 60 (4). Forfeiture (5) If forest resources or products manufactured from forest resources are seized and no claim to recover them is made within 30 days from the date of the seizure, the forest resources or products shall be deemed to be forfeited to and becomes the property of the Crown and may be dealt with in such manner as the Minister may direct.  1994, c. 25, s. 60 (5). Expenses (5.1) Subject to subsection (9), the expenses incurred in seizing and detaining the forest resources or products shall be paid by the person from whom they are seized.  2000, c. 26, Sched. L, s. 3 (4). Application for release (6) A person claiming to be the owner of forest resources or products that have been seized may apply to the Superior Court of Justice for an order for their release from seizure and their delivery to the person.  1994, c. 25, s. 60 (6); 2001, c. 9, Sched. K, s. 2 (4). Interim order for release (7) On motion, the court may order the forest resources or products to be released from seizure and delivered to the applicant on receipt of a bond of the applicant, with two good and sufficient sureties, in an amount not less than the market value of the forest resources or products and the expenses incurred in seizing and detaining them, to be forfeited to the Crown if the applicant is declared by the court not to be the owner of the forest resources or products.  1994, c. 25, s. 60 (7); 2000, c. 26, Sched. L, s. 3 (5). Order as to ownership (8) On an application under subsection (6), the court shall determine the ownership of the forest resources or products and shall make an order, (a) declaring the applicant to be the owner, (i) free of any claim for Crown charges, or (ii) subject to payment of such Crown charges as the court finds to be owing; or (b) declaring the applicant not to be the owner and directing that the bond, if any, be forfeited to the Crown.  1994, c. 25, s. 60 (8). Expenses (9) The court may make such order as it considers proper as to the expenses incurred in seizing and detaining the forest resources or products.  2000, c. 26, Sched. L, s. 3 (6). Disposal (10) If the applicant is declared not to be the owner of the forest resources or products, they shall be disposed of in such manner as the Minister determines.  1994, c. 25, s. 60 (10). Limit on disposal (11) A disposition under subsection (10) may not occur until at least 30 days after the forest resources or products were seized.  1994, c. 25, s. 60 (11). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. L, s. 3 (4-6) - 06/12/2000 2001, c. 9, Sched. K, s. 2 (4) - 29/06/2001