P-15 - Summary Convictions Act

Section 11 Disposition versions

1987-02-15

11. (1)  A thing seized under section 8 or section 9.1 shall not be detained for a period of more than 90 days unless a complaint following the seizure is made before the expiry of such 90 days period. The justice of the peace may, however, order that the period of detention be extended for not more than 90 days.

(2)  If no complaint is made before the expiry of the period above contemplated or as soon the necessity of detaining the thing seized ceases, the justice of the peace must, upon an application therefor to him in writing, order that the thing be returned to the person entitled thereto or, as the case may be, order it to be forfeited. If no application is made within the ensuing 24 months, the thing seized shall be forfeited pleno jure.

(3)  An order for the disposal or forfeiture of the thing seized shall be executory only 30 days after the date when such order was made.

R. S. 1964, c. 35, s. 11; 1970, c. 11, s. 3; 1986, c. 95, s. 226.

1977-12-31

11. (1)  A thing seized under a search warrant shall not be detained for a period of more than ninety days unless a complaint following the issue of the warrant is made before the expiry of such period. The justice of the peace may, however, order that the period of detention be extended for not more than ninety days.

(2)  If no complaint is made before the expiry of the period above contemplated or as soon the necessity of detaining the thing seized ceases, the justice of the peace must, upon an application therefor to him in writing, order that the thing be returned to the person entitled thereto or, as the case may be, order it to be forfeited. If no application is made within the ensuing twenty-four months, the thing seized shall be forfeited pleno jure.

(3)  An order for the disposal or forfeiture of the thing seized shall be executory only thirty days after the date when such order was made.

R. S. 1964, c. 35, s. 11; 1970, c. 11, s. 3.