44.1 (1) For any purpose relating to the administration and enforcement of this Act, the Liquor Control Act and their regulations, any person authorized by the Registrar who has reasonable and probable grounds to believe that a vehicle, a vessel, railway equipment on rails or an aircraft contains evidence of a contravention of any of those Acts and regulations, (a) may, without warrant, stop and detain the vehicle, vessel, equipment or aircraft; (b) may examine its contents, including any cargo, manifests, records, accounts, vouchers, papers or other documents that may afford evidence as to the contravention; and (c) subject to subsection (2), may seize and take away any of the manifests, records, accounts, vouchers, papers or other documents and retain them until they are produced in a court proceeding.  1994, c. 18, s. 5 (4); 2006, c. 34, s. 16 (52). Application for retention of documents (2) Where documents are seized under subsection (1), the Registrar shall, within 14 days, make application to a justice, as defined in the Provincial Offences Act, for an order to permit the retention of the documents until they are produced in a court proceeding, and the application may be heard and the order may be made, both without notice, upon receipt of information under oath from a person who believes on reasonable and probable grounds that the documents afford evidence of the commission of an offence under any of the Acts and regulations referred to in subsection (1).  1994, c. 18, s. 5 (4); 2006, c. 34, s. 16 (52). Seizure and disposal of liquor (3) Where, following a detention under subsection (1), liquor is found in a person’s possession contrary to subsection 33.1 (1), any person authorized for the purpose by the Registrar may, subject to subsections (4) and (5), seize, impound, hold and dispose of the liquor.  1994, c. 18, s. 5 (4); 2006, c. 34, s. 16 (52). Application (4) Liquor seized under subsection (3) is forfeited to the Crown to be disposed of as the Registrar directs unless, within 30 days following the seizure, the person from whom the liquor was seized, or the owner of the liquor, applies to the Superior Court of Justice to establish the right to possess the liquor.  1994, c. 18, s. 5 (4); 2001, c. 9, Sched. D, s. 9 (1); 2006, c. 34, s. 16 (52). Right to possession of liquor (5) For the purpose of an application under subsection (4), the applicant has the right to possession of the liquor if the possession did not, at the time the seizure was made, constitute a contravention of subsection 33.1 (1).  1994, c. 18, s. 5 (4). Order (6) Where, on application under subsection (4), the court is satisfied that the applicant has the right to possession of the liquor, the court may order that the liquor be returned to the applicant or that the proceeds of sale of the liquor be paid to the applicant.  1994, c. 18, s. 5 (4); 2019, c. 7, Sched. 38, s. 5. Disposal pending final determination by court (7) Where a final order has not been made under subsection (6) within 60 days after the filing of the application under subsection (4), the Registrar may dispose of the liquor and retain the proceeds pending the determination of the application.  1994, c. 18, s. 5 (4); 2006, c. 34, s. 16 (52). Forfeiture after dismissal of application (8) Upon dismissal of an application under subsection (4) and the expiry of the appeal period provided therefor, the liquor is forfeited to the Crown to be disposed of as the Registrar directs.  1994, c. 18, s. 5 (4); 2006, c. 34, s. 16 (52). Proceeds of sale (9) Where a sale of liquor is directed under subsection (4) or (8), or where the proceeds of a sale are retained under subsection (7) and the application is dismissed, the proceeds of the sale remaining after payment of costs incurred by the Registrar in seizing, storing and disposing of the liquor shall be paid into the Consolidated Revenue Fund.  1994, c. 18, s. 5 (4); 2006, c. 34, s. 16 (52). Definition (10) For purposes of this section, “vehicle” means a motor vehicle, trailer, traction engine, farm tractor, road-building machine, bicycle or motorized snow vehicle, other than a street car, and includes anything attached to the vehicle.  1994, c. 18, s. 5 (4). Section Amendments with date in force (d/m/y) 1994, c. 18, s. 5 (4) - 10/12/1999 2001, c. 9, Sched. D, s. 9 (1) - 29/06/2001 2006, c. 34, s. 16 (52)
- 01/07/2007 2019, c. 7, Sched. 38, s. 5 - 29/05/2019