P-42.1 - Crop Health Protection Act

Section 17 Disposition versions

2016-05-18

17. If the seized property is perishable or likely to depreciate rapidly, or if its custody would entail costs disproportionate to its value, a judge may authorize its sale or disposal on the application of the seizor, the person from whom the property was seized or any person who claims to have a right in the property if the sale or disposal can be carried out without the risk of spreading a harmful organism to a commercial crop.

A person intending to make an application must give at least one clear day’s notice to the seizor or, where applicable, to the person from whom the property was seized and any person who claims to have a right in the property. However, the judge may exempt a person from giving notice if deterioration of the property is imminent.

The conditions of the sale or disposal are determined by the judge. The proceeds of the sale are deposited with the Bureau général de dépôts pour le Québec.

2008, c. 16, s. 17; 2016, c. 7, s. 183.

2008-06-12

17. If the seized property is perishable or likely to depreciate rapidly, or if its custody would entail costs disproportionate to its value, a judge may authorize its sale or disposal on the application of the seizor, the person from whom the property was seized or any person who claims to have a right in the property if the sale or disposal can be carried out without the risk of spreading a harmful organism to a commercial crop.

A person intending to make an application must give at least one clear day’s notice to the seizor or, where applicable, to the person from whom the property was seized and any person who claims to have a right in the property. However, the judge may exempt a person from giving notice if deterioration of the property is imminent.

The conditions of the sale or disposal are determined by the judge. The proceeds of the sale are deposited with the Minister of Finance in accordance with the Deposit Act (chapter D-5).

2008, c. 16, s. 17.