44 (1) An animal welfare inspector who is lawfully in any place may, without a warrant, seize any animal or thing that he or she has reasonable grounds to believe, (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). Presence pursuant to warrant (2) If the animal welfare inspector is in the place pursuant to a warrant, subsection (1) applies to any animal or thing, whether or not it is specified in the warrant. Safekeeping (3) An animal welfare inspector shall deliver any animal or thing that he or she seizes to a person authorized by the Chief Animal Welfare Inspector for safekeeping. Leaving with occupant (4) Despite subsection (3), an animal welfare inspector may leave an animal or thing that he or she seizes in the custody of the occupant of the place in which it was seized. Occupant to safeguard (5) If any animal or thing is left in the custody of an occupant under subsection (4), the occupant shall safeguard the animal or thing until, (a)  an animal welfare inspector removes it; (b)  the occupant is notified by an animal welfare inspector 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and that a charge will not be laid; or (c)  if a charge is laid, the defendant is acquitted or the charge is dismissed, withdrawn or is finally disposed of. Procedure if animal or thing seized (6) An animal welfare inspector who has seized an animal or thing under this section shall comply with the requirements of section 158.2 of the Provincial Offences Act. Return of seized animal or thing (7) Any animal or 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 a charge is laid but, when the charge is finally disposed of, the defendant is acquitted or the charge is dismissed or withdrawn. Exception (8) Despite subsection (7), if the Chief Animal Welfare Inspector has reasonable grounds to believe that the animal may be placed in distress or trained to fight another animal if returned to its owner or custodian, (a)  the Chief Animal Welfare Inspector may decide to take the animal into the Chief Animal Welfare Inspector’s care; and (b)  the notice provisions in subsections 31 (7) and (8) apply, with necessary modifications. Conflict with order (9) The Chief Animal Welfare Inspector’s ability to take an animal into the Chief Animal Welfare Inspector’s care in subsection (8) prevails over any order to return the animal made under section 159 of the Provincial Offences Act. Forfeiture of things (10) A thing seized under this Part is forfeited to the Crown in right of Ontario if the identity of the person from whom the thing was seized has not been ascertained within the prescribed period of time after the seizure. Forfeiture of animals (11) An animal seized under this Part is forfeited to the Crown in right of Ontario if the identity of the owner or custodian of the animal has not been ascertained within the prescribed period of time after the seizure. Forfeiture of dead animals, etc. (12) Despite any order under Part VIII of the Provincial Offences Act, any dead animal, plant or other organism 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. Forfeiture on conviction