47 (0.1) In this section and in section 48, “police officer” includes a conservation officer.  2006, c. 34, s. 16 (53). Seizure (1) A police officer may seize any thing, including liquor, if, (a) he or she reasonably believes that the thing will afford evidence of an offence under this Act; (b) he or she reasonably believes that, (i) the thing was used or is being used in connection with the commission of an offence under this Act, and (ii) unless the thing is seized it is likely that it would continue to be used or would be used again in the commission of an offence under this Act; or (c) he or she reasonably believes that the thing is proceeds from the commission of an offence under this Act.  1994, c. 37, s. 18 (1). Same (1.1) If an offence appears to have been committed under this Act and a police officer reasonably believes, in view of the offence apparently committed and the presence of liquor, that a further offence is likely to be committed, the police officer may seize the liquor and the packages in which it is kept.  1994, c. 37, s. 18 (1). Order of restoration (2) The Ontario Court of Justice may, upon the application of any person made within thirty days of a seizure under subsection (1) or (1.1), order that the things seized be restored forthwith to the applicant if the court is satisfied that, (a) the applicant is entitled to possession of the things seized; (b) the things seized are not required as evidence in any proceeding; (c) continued detention of the things seized is not necessary to prevent the commission of an offence; and (d) it is unlikely that the things will be forfeited on conviction under subsection (5).  R.S.O. 1990, c. L.19, s. 47 (2); 1994, c. 37, s. 18 (2); 2001, c. 9, Sched. D, s. 9 (2). Idem (3) If the court is satisfied that an applicant under subsection (2) is entitled to possession of the things seized but is not satisfied as to all of the matters mentioned in clauses (2) (b), (c) and (d), it shall order that the things seized be restored to the applicant, (a) upon the expiration of three months from the date of the seizure, if no proceeding in respect of an offence has been commenced; or (b) upon the final conclusion of any such proceeding.  R.S.O. 1990, c. L.19, s. 47 (3); 1994, c. 37, s. 18 (3). Forfeiture (4) If no application has been made for the return of a thing seized under subsection (1) or (1.1) or an application has been made but upon the hearing of the application no order of restoration has been made, the thing seized is forfeited to the Crown.  R.S.O. 1990, c. L.19, s. 47 (4); 1994, c. 37, s. 18 (4). Same (5) If a person is convicted of an offence under this Act, the court shall order that any thing seized under subsection (1) or (1.1) in connection with the offence be forfeited to the Crown, unless the court considers that the forfeiture would be unjust in the circumstances.  1994, c. 37, s. 18 (5); 2019, c. 7, Sched. 38, s. 6 (1). Relief against forfeiture (6) Any person with 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 just, 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.  1994, c. 37, s. 18 (6); 2001, c. 9, Sched. D, s. 9 (3); 2019, c. 7, Sched. 38, s. 6 (2). Same (7) The court shall not order any relief under subsection (6) unless the court is satisfied that the applicant did not, directly or indirectly, participate in, or benefit from, any offence in connection with which the thing was seized.  1994, c. 37, s. 18 (6); 2019, c. 7, Sched. 38, s. 6 (3). Section Amendments with date in force (d/m/y) 1994, c. 37, s. 18 (1-6) - 09/12/1994 2001, c. 9, Sched. D, s. 9 (2, 3) - 29/06/2001 2006, c. 34, s. 16 (53)
- 01/07/2007 2019, c. 7, Sched. 38, s. 6 (1-3) - 29/05/2019