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| R.S., c. E-14;
R.S., cc. 15,
27 (1st
Supp.), cc. 1,
7, 42 (2nd
Supp.), c. 12
(4th Supp.);
1989, c. 22;
1990, c. 45;
1991, c. 42;
1993, c. 25;
1994, cc. 13,
29, 37
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12. Subsection 88(2) of the Excise Act is
replaced by the following:
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| Horses,
vehicles, etc.
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(2) All horses, vehicles, vessels and other
appliances that have been or are being used for
the purpose of transporting in contravention of
this Act or the regulations, or in or on which
are found any goods subject to excise, or any
materials or apparatus used or to be used in
contravention of this Act or the regulations in
the production of any goods subject to excise
and all such goods, materials or apparatus may
likewise be seized as forfeited by the seizing
officer and may be dealt with in the manner
described in subsection (1).
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13. The Act is amended by adding the
following after section 88:
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| Notification
of seizure
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88.1 Where an officer has evidence that a
person may be entitled to make an application
under subsection 88.2(1) in respect of a horse,
vehicle, vessel or other appliance seized as
forfeited under this Act, the officer shall take
such measures as are reasonable to ensure that
notification of the seizure is sent to that person
at the person's last known address.
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| Person who
claims interest
in things
seized
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88.2. (1) Where a horse, vehicle, vessel or
other appliance has been seized as forfeited
under this Act, any person, other than the
person accused of an offence resulting in the
seizure or person in whose possession the
horse, vehicle, vessel or other appliance was
seized, who claims an interest in the horse,
vehicle, vessel or other appliance as owner,
mortgagee, or holder of a lien or other like
interest may, within thirty days after the
seizure, apply to any judge of any superior
court of a province or to a judge of the Federal
Court for an order declaring the claimant's
interest.
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| Conditions
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(2) Where, after such notice to the Minister
as the judge referred to in subsection (1) may
require, it is made to appear to the satisfaction
of the judge
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(a) that the claimant is innocent of any
complicity in the offence resulting in the
seizure or of any collusion with the offender
in relation thereto, and
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(b) that the claimant exercised all
reasonable care in respect of the person
permitted to obtain the possession of the
horse, vehicle, vessel or other appliance to
satisfy the claimant that it was not likely to
be used contrary to this Act or, if a
mortgagee or holder of a lien or other like
interest, that before becoming the
mortgagee or holder of the lien or other
interest the claimant exercised such care
with respect to the mortgagor or person
from whom the lien or interest was
acquired,
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the claimant is entitled to an order that the
claimant's interest is not affected by the sei
zure.
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14. Section 164 of the Act is repealed.
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