92 (1) A conservation officer who is lawfully in a building or other place may, without a warrant, seize any thing that he or she believes on reasonable grounds, (a) has been obtained by the commission of an offence under this Act; (b) has been used in the commission of an offence under this Act; (c) will afford evidence of the commission of an offence under this Act; or (d) is intermixed with a thing referred to in clause (a), (b) or (c).  1997, c. 41, s. 92. Presence pursuant to warrant (2) If the conservation officer is in the building or other place pursuant to a warrant, subsection (1) applies to any thing, whether or not it is specified in the warrant.  1997, c. 41, s. 92. Safekeeping (3) A conservation officer shall deliver any thing that he or she seizes to a person authorized by the Minister for safekeeping. 2019, c. 14, Sched. 15, s. 41. Leaving with occupant (3.1) Despite subsection (3), a conservation officer may leave a thing that he or she seizes in the custody of the occupant of the building or other place in which it was seized. 2019, c. 14, Sched. 15, s. 41. Occupant to safeguard (3.2) If any thing is left in the custody of an occupant under subsection (3.1), the occupant shall safeguard the thing until, (a) a conservation officer removes the thing; (b) the occupant is notified by a conservation officer that the investigation has concluded and that a charge will not be laid; or (c) if a charge is laid, the defendant is acquitted or the charge is dismissed, withdrawn or is finally disposed of. 2019, c. 14, Sched. 15, s. 41. Thing taken before justice (3.3) Subsections (3) and (3.1) do not apply to a thing that is required to be carried before a justice by a search warrant issued under Part VIII of the Provincial Offences Act. 2019, c. 14, Sched. 15, s. 41. Return of seized things (4) Any thing seized and not forfeited under this section shall be returned to the person from whom it was seized if, (a) a charge is not laid at the conclusion of the investigation; or (b) a charge is laid but, when the prosecution is finally disposed of, the defendant is acquitted or the charge is dismissed or withdrawn. 1997, c. 41, s. 92. Payment of fine (5) If a person is convicted of an offence and a fine is imposed, (a) a thing seized in connection with the offence and not forfeited to the Crown in right of Ontario under this section shall not be returned until the fine has been paid; and (b) if payment of the fine is in default within the meaning of section 69 of the Provincial Offences Act, a justice may order that the thing be forfeited to the Crown in right of Ontario. 1997, c. 41, s. 92. Forfeiture if identity unknown (6) If the identity of the person from whom a thing was seized has not been ascertained within 30 days after the seizure, the thing is forfeited to the Crown in right of Ontario.  1997, c. 41, s. 92. Forfeiture of dead wildlife, etc. (7) Despite any order under Part VIII of the Provincial Offences Act, any dead wildlife, invertebrate or fish that is seized is forfeited to the Crown in right of Ontario if, in the opinion of the person who has custody of it, it is likely to spoil.  1997, c. 41, s. 92. Forfeiture of live wildlife, etc. (8) Despite any order under Part VIII of the Provincial Offences Act, any live wildlife, invertebrate or fish that is seized is forfeited to the Crown in right of Ontario if, in the opinion of the person who has custody of it, it cannot properly be maintained in custody.  1997, c. 41, s. 92. Forfeiture on conviction (9) If a person is convicted of an offence under this Act, (a) any wildlife, invertebrate or fish seized in connection with the offence, and any cage, shelter or enclosure seized in connection with the wildlife, invertebrate or fish, are forfeited to the Crown in right of Ontario; and (b) the justice may order that any other thing seized in connection with the offence be forfeited to the Crown in right of Ontario.  1997, c. 41, s. 92. Application of subs. (9) (10) Subsection (9) applies in addition to any other penalty.  1997, c. 41, s. 92. Forfeiture if possession is an offence (11) On motion in a proceeding under the Provincial Offences Act, or on application in accordance with the rules of court applicable to applications under that Act, a justice shall determine whether possession of a thing seized is an offence under this Act and, if it is, the justice shall order that the thing be forfeited to the Crown in right of Ontario.  1997, c. 41, s. 92. Application of subs. (11) (12) Subsection (11) applies whether or not a charge is laid in respect of the thing seized and, if a charge is laid, subsection (11) applies even if the defendant is acquitted or the charge is dismissed or withdrawn.  1997, c. 41, s. 92. Disposition of forfeited thing (13) A thing forfeited to the Crown in right of Ontario shall be disposed of in accordance with the directions of the Minister.  1997, c. 41, s. 92. Application by person with interest (14) If a thing is forfeited to the Crown in right of Ontario following a conviction under this Act, a person who claims an interest in the thing and who is not the person from whom the thing was seized or the person who was convicted may apply to a justice, not later than 30 days after the thing is forfeited, on notice to the Minister and to the person from whom the thing was seized, for an order directing that the thing be released to the person claiming the interest.  1997, c. 41, s. 92. Conditions (15) An order made under subsection (14) is subject to such conditions as may be imposed by the justice.  1997, c. 41, s. 92. Exception (16) Subsections (14) and (15) do not apply to a thing forfeited under subsection (7) or (8).  1997, c. 41, s. 92. Costs of seizure, etc. (17) If a person is convicted of an offence under this Act, the justice may, in addition to any other penalty, order the person to pay all or part of any expenses incurred by the Minister with respect to the seizure, storage or disposition of any thing seized in connection with the offence.  1997, c. 41, s. 92. Definition (18) In this section, “justice” has the same meaning as in the Provincial Offences Act.  1997, c. 41, s. 92. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 15, s. 41 - 10/12/2019