18.2. The owner of an animal, domestic animal, fish or invertebrate seized alive while in the custody of another person may apply to a judge of the Court of Québec or a presiding justice of the peace to have the animal, domestic animal, fish or invertebrate returned to him. At least three clear days’ prior notice of the application must be served on the wildlife protection officer responsible for the custody of the animal, domestic animal, fish or invertebrate seized.
The application is heard and decided by preference and the judge or presiding justice of the peace rules on the application taking into consideration the conservation and development of wildlife, human health and safety, the health and safety of the animal, domestic animal, fish or invertebrate, and, if applicable, the costs incurred by the detention under seizure.
The seized property may be returned to the owner only on his payment of the care expenses. If no proceedings are instituted against him, he is reimbursed for the care expenses incurred by the seizure.
2021, c. 242021, c. 24, s. 121.