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E-12.01 - Act respecting threatened or vulnerable species
Section 38
Disposition versions
38. (Repealed).
1989, c. 37, s. 38; 1992, c. 61, s. 297; I.N. 2016-01-01 (NCCP); 2022, c. 82022, c. 8, s. 291.
38. Where unlawful possession of the thing seized prevents its return to the person from whom it was seized or to the person who claims to have title to it, the judge shall order it confiscated on application by the plaintiff; if unlawful possession is not established, the judge shall designate the person to whom the thing may be delivered.
Prior notice of the application shall be given to the person from whom the thing was seized and to the other person who may file the application.
38. Where unlawful possession of the thing seized prevents its return to the person from whom it was seized or to the person who claims to have title to it, the judge shall order it confiscated on the motion of the plaintiff; if unlawful possession is not established, the judge shall designate the person to whom the thing may be delivered.
Prior notice of the motion shall be given to the person from whom the thing was seized and to the other person who may file the motion.
38. Where unlawful possession of the thing seized prevents its return to the person from whom it was seized or to the person who claims to have title to it, the judge shall order it confiscated on the motion of the plaintiff; if unlawful possession is not established, the judge shall designate the person to whom the thing may be delivered.
