Disposal — hearing required
 5. (1) Subject to sections 6, 7 and 8, if a director intends to order that a thing that has been seized or detained be disposed of, he or she shall serve written notice on, (a) the person who had custody of the thing at the time it was seized or detained, if the director can determine who that person was; and (b) the owner of the thing, if the director can determine who the owner is.  O. Reg. 222/05, s. 5 (1). (2) Within 10 days of the director serving notice on any person under subsection (1), the following persons may apply to the director for a hearing, whether or not notice was served on that person: 1. The person who had custody of the thing at the time it was seized or detained. 2. The owner of the thing. 3. Any other person who claims an interest in the thing.  O. Reg. 222/05, s. 5 (2). (3) A person described in subsection (2) who applies for a hearing within the time permitted under that subsection is entitled to a hearing before the director.  O. Reg. 222/05, s. 5 (3). (4) The director may refuse to hold a hearing if the only person who applies for a hearing is someone other than the person who had custody of the thing when it was seized or detained or the owner of the thing and the director is not satisfied that the person has an interest in the thing.  O. Reg. 222/05, s. 5 (4). (5) If, after a hearing, the director determines that the thing that has been seized or detained does not contravene any provision of the Act or its regulations or an order made under section 32 of the Act or under a regulation, he or she shall release the thing to, (a) the person who had custody of the thing at the time it was seized or detained; (b) the owner of the thing; or (c) another person who has an interest in the thing and who was a party to the hearing.  O. Reg. 222/05, s. 5 (5). (6) If, after a hearing, the director determines that the thing that has been seized or detained contravenes a provision of the Act or its regulations or an order made under section 32 of the Act or under a regulation, he or she shall order that the thing be destroyed.  O. Reg. 222/05, s. 5 (6). (7) Despite subsection (6), where the director determines that the thing that has been seized or detained contravenes a provision of the Act or its regulations or an order made under section 32 of the Act or under a regulation but is of the opinion that something can safely be done in respect of the thing to remedy the contravention, he or she may release the thing to any person described in subsection (5) if, (a) in his or her opinion, releasing the thing to the person is appropriate in the circumstances; and (b) he or she is satisfied that the person will take whatever steps the director considers necessary to remedy the contravention.  O. Reg. 222/05, s. 5 (7). (8) Despite subsection (6), where the director determines that the thing that has been seized or detained contravenes a provision of the Act or its regulations or an order made under section 32 of the Act or under a regulation, he or she may release the thing to any person described in subsection (5) if, (a) in his or her opinion releasing the thing to the person is appropriate in the circumstances; and (b) he or she is satisfied that the person will not use the thing in contravention of a provision of the Act or its regulations or an order made under section 32 of the Act or under a regulation.  O. Reg. 222/05, s. 5 (8). (9) The director may release a thing under subsection (7) or (8) subject to such conditions as are, in his or her opinion, appropriate in the circumstances and may, by order, require the person to whom the thing is released to take whatever steps the director considers necessary, having regard to, (a) the need to ensure that the contravention is safely remedied, in the case of something released under subsection (7); and (b) the need to ensure that the thing is not used in contravention of the Act or its regulations or an order made under section 32 of the Act or under a regulation, in the case of something released under subsection (8).  O. Reg. 222/05, s. 5 (9). (10) The director may, without a hearing, order that a thing that has been seized or detained be disposed of in a manner satisfactory to the director if, (a) no person applies for a hearing within the time permitted under subsection (3); (b) the director refuses to hold a hearing under subsection (4); or (c) no person who applied for a hearing appeared at the scheduled time for the hearing.  O. Reg. 222/05, s. 5 (10).