C-61.1 - Act respecting the conservation and development of wildlife

Section 20.1 Disposition versions

2021-06-11

20.1. On the service of a statement of offence, the wildlife protection officer must apply to a judge of the Court of Québec or a presiding justice of the peace to have him order the confiscation of a live animal, domestic animal, fish or invertebrate that is still under seizure.

At least three clear days’ prior notice of the application must be served on the seized party and all known owners, who may oppose the application.

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.

If the judge or presiding justice of the peace refuses to order the confiscation, he may order that the animal, domestic animal, fish or invertebrate be sold, be returned to the seized party or the owner or be kept under seizure until the final judgment on the conditions the judge or justice of the peace determines.

If the judge or presiding justice of the peace orders that the animal be sold, the proceeds of the sale are remitted to the owner, after deduction of the care expenses incurred, if they are to be borne by him.

The property seized may be returned to the seized party or to the owner only on the latter’s payment of the care expenses, if they are to be borne by him.

If a judge or presiding justice of the peace orders that the animal, domestic animal, fish or invertebrate be kept under seizure until the final judgment, he may order the seized party or the owner to pay an advance on future care expenses to the Minister in addition to the care expenses incurred as a result of the seizure, on the conditions the judge or justice of the peace determines.

2021, c. 24, s. 15.