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S.M. 1986-87, c. 21

The Charter Compliance Statute Amendment Act, 1986

(Assented to September 10, 1986)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

THE ANIMAL DISEASES ACT

Secs. 3 to 5 rep. and sub.

1(1)

Sections 3 to 5 of The Animal Diseases Act, chapter A85 of the Continuing Consolidation of the Statutes of Manitoba (in this section referred to as "the Act"), are repealed and the following sections are substituted therefor:

Examination, quarantine, treatment and disposal.

3

Where the director has reasonable and probable grounds to suspect that an animal has a disease or is suffering from deprivation or inhumane treatment, the director may make orders that the animal, in the public interest and at the expense of the owner:

(a) be seized for examination or observation;

(b) be removed for proper treatment;

(c) be examined and receive proper treatment;

(d) be confined or quarantined; and

(e) be disposed of in such manner as is reasonably required in the circumstances.

Destruction of diseased animals.

4(1)

The director may, in the public interest, order the destruction and disposition of any animal

(a) having, or suspected on reasonable and probable grounds of having, a disease; or

(b) having contact with, or being in proximity to, an animal which has, or is suspected on reasonable and probable grounds of having, a disease which is infectious or contagious; or

(c) which is in a place declared by an inspector to be an infected place; or

(d) having a disease which the inspector believes, on reasonable and probable grounds, is in such an advanced stage as to be untreatable or in which the continued survival of the animal would be cruel and inhumane.

Exhumation.

4(2)

The director may order that the carcass of any dead animal be exhumed for the purpose of examination and investigation.

Examination of diseased or dead animals.

4(3)

An inspector may make, or cause to be made,

(a) a clinical examination of any animal which, on reasonable and probable grounds, is suspected of having a disease; or

(b) a post-mortem examination of any animal which, on reasonable and probable grounds, is suspected of having died from a disease.

Public display, etc. of animals.

5(1)

Any peace officer or any person having charge of the operation of a market, fair, or other open or public place who, on reasonable and probable grounds, suspects that an animal having a disease or suffering from deprivation is being sold, disposed of, or exposed or offered for sale, disposal, display, or show in the market, fair or place, may seize and take the animal and forthwith notify the nearest veterinarian or inspector.

Notification of director.

5(2)

A veterinarian or inspector who receives a notification under subsection (1) shall forthwith notify the director.

Subsec. 6(2) rep. and sub.

1(2)

Subsection 6(2) of thé Act is repealed and the following subsection is substituted therefor:

Powers of inspectors.

6(2)

An inspector may, at any reasonable time and without warrant, and upon presentation of a certificate or other means of identification as may be prescribed in the regulations,

(a) enter any place or premises in which an animal having or suspected of having a disease or suffering from deprivation is located, or in which the inspector believes on reasonable and probable grounds such an animal is located, and examine the animal;

(b) stop and enter any vehicle in which an animal is being conveyed, and make such examination of the animal as is reasonably required to determine whether or not it is suffering from a disease or deprivation;

(c) require any books, documents or records which relate to the keeping or conveying of any animal, or which the inspector believes on reasonable and probable grounds relate to the keeping or conveying of any animal, to be produced for inspection, and make copies of the records or take extracts from them; and

(d) detain for the purpose of examination or evidence or take and detain specimens of any animal or part of an animal, or any dung of an animal having or suspected of having a disease, or take and retain any specimens of hay, straw, litter or other things suspected of being contaminated or otherwise associated with a disease.

Subsec. 7(1) rep. and sub.

1(3)

Subsection 7(1) of the Act is repealed and the following subsection is substituted therefor:

Infected place.

7(1)

An inspector may declare any place containing an animal which has, or is suspected on reasonable and probable grounds of having, an infectious or contagious disease to be an infected place, and the inspector

(a) may prescribe the geographical limits of the infected place; and

(b) shall notify, or cause to be notified, the owners or occupiers of the place.

THE BEE ACT

Cls. 12(b) and (e) rep. and sub.

2

Clauses 12(b) and (e) of The Bee Act, chapter B15 of the Continuing Consolidation of the Statutes of Manitoba, are repealed and the following clauses are substituted therefor:

(b) without a warrant, stop any vehicle in which bees or beekeeping equipment are being conveyed, or in which the inspector believes on reasonable and probable grounds any bees or beekeeping equipment are being conveyed, and conduct such inspections as may reasonably be required for purposes of this Act;

(e) where reasonably required for purposes of this Act, take and retain any bees or beekeeping equipment as samples for test purposes.

THE CROWN LANDS ACT

Cl. 35.1(4)(b) rep. and sub.

3(1)

Clause 35.1(4)(b) of The Crown Lands Act, chapter C340 of the Continuing Consolidation of the Statutes of Manitoba (in this section referred to as "the Act"), is repealed and the following clauses are substituted therefor:

(b) seize any goods, materials or effects of the person, or of any agent or employee of the person, which are found upon the Crown land and which are being used to create the circumstances described in subsection (2); and

(c) where reasonably required to terminate the circumstances described in subsection (2), either

(i) remove the goods, materials or effects from the Crown land, or

(ii) hold the goods, materials or effects in proper custody upon the Crown land.

Subsec. 35.1(6) rep. and sub.

3(2)

Subsection 35.1(6) of the Act is repealed and the following subsection is substituted therefor:

Assistance.

35.1(6)

The minister or an officer, in taking any steps under subsection (2), may use such assistance from other persons and may employ such force as is reasonably necessary to carry out the steps effectively.

Subsec. 35.1(10) rep. and sub.

3(3)

Subsection 35.1(10) of the Act is repealed and the following subsections are substituted therefor:

Return of seized goods.

35.1(10)

Where goods, materials or effects have been seized under subsection (4) and the circumstances described in subsection (2) have terminated, the minister or an officer shall

(a) in the case of goods, materials or effects which have been removed from the Crown land and stored, return the goods, materials or effects to the person who is lawfully entitled to them or permit that person to retrieve them from storage;

(b) in the case of goods, materials or effects held in custody on Crown land, permit the person lawfully entitled to them to enter upon the Crown land and remove them.

Forfeiture to Crown.

35.1(10.1)

Where the circumstances described in subsection (2) have terminated for 6 months or more and the person who is lawfully entitled to possess the goods, materials or effects is unknown or cannot be located after reasonable effort, the goods, materials or effects become the property of the Crown and may be disposed of as the minister or an officer directs.

THE DAIRY ACT

Sec. 21.1 added.

4(1)

The Dairy Act, chapter D10 of the Continuing Consolidation of the Statutes of Manitoba (in this section referred to as "the Act"), is amended by adding immediately after section 21 the following section:

Warrant to enter and seize.

21.1(1)

A justice who is satisfied by information upon oath that there are reasonable and probable grounds to believe that

(a) an offence against this Act or the regulations has occurred or is occurring; and

(b) there is to be found in any building, receptacle, vehicle, or place in the province a book, record, document, dairy product, imitation dairy product or other thing which affords evidence of the offence; may at any time issue a warrant authorizing any inspector, together with any peace officer on whom the inspector calls for assistance and such other persons as may be named in the warrant, to enter and search the building, receptacle, vehicle, or place for the thing, and to seize it and bring it before a justice, or report on it to a justice, to be dealt with according to law.

Seizure without warrant.

21.1(2)

Where an inspector or peace officer believes, on reasonable and probable grounds, that

(a) an offence against this Act or the regulations has occurred or is occurring; and

(b) there is to be found in any vehicle or other conveyance in the province a book, record, document, dairy product, imitation dairy product or other thing which affords evidence of the offence; and it is not practicable under the circumstances to obtain a search warrant in accordance with subsection (1), the inspector or peace officer may search the conveyance for the thing, and may seize it and bring it before a justice, or report on it to a justice, to be dealt with according to law.

Storage of seized product.

21.1(3)

Where a dairy product or alleged imitation dairy product has been seized under subsection (1) or (2), the inspector or peace officer may

(a) in the case of a product seized in a building, seal it and allow it to remain in the building; or

(b) seal it and remove it to a public warehouse or some other suitable building and store it there.

Sale of perishable product.

21.1(4)

Notwithstanding subsection (3), where a dairy product has been seized under subsection (1) or (2) and the peace officer or inspector reasonably believes that the dairy product will spoil before the conclusion of proceedings in respect of the alleged offence, the peace officer or inspector shall cause the dairy product to be sold and the proceeds held, with interest to be paid thereon at a rate fixed from time to time by the Lieutenant Governor in Council, pending the outcome of the proceedings.

Disposition after proceedings.

21.1(5)

Where proceedings in respect of a seized dairy product have been finally resolved,

(a) if the accused has been convicted, the convicting justice may order the dairy product, or the proceeds of sale and accumulated interest referred to in subsection (4), forfeited to the Crown;

(b) if the accused has been acquitted or the prosecution has not proceeded, the dairy product, or the proceeds of sale and accumulated interest referred to in subsection (4), shall be turned over or paid to the person who is lawfully entitled to possess it or them.

Disposal of forfeited property.

21.1(6)

A dairy product which has been ordered to be forfeited under clause (5)(a) shall be disposed of as directed by the minister, but where there is a forfeiture of sale proceeds and accumulated interest, the money shall be turned over to the Minister of Finance to be paid into the Consolidated Fund.

Disposition re imitation dairy product.

21.1(7)

Where proceedings have been finally resolved in respect of an alleged imitation dairy product which has been seized,

(a) if the accused has been convicted, the convicting justice may order the imitation dairy product forfeited to the Crown to be disposed of as the minister directs;

(b) if the accused has been acquitted or the prosecution has not proceeded, the alleged imitation dairy product, or its cash equivalent, shall be turned over to the person lawfully entitled to possess it.

Sec. 22 rep. and sub.

4(2)

Section 22 of the Act is repealed and the following section is substituted therefor:

Detention order.

22

Where, in conducting an inspection under this Act, an inspector discovers an offence against this Act or the regulations in respect of any dairy product, the inspector may order that the dairy product not be removed from the building, receptacle, vehicle or place in which it is contained until the expiration of such time as may be necessary, or the performance of such remedial action as may be necessary, to make the dairy product comply with this Act or the regulations, and the owner or occupier of the building, receptacle, vehicle or place shall comply with the order. THE DUTCH ELM DISEASE ACT

Subsec. 6(4) rep. and sub.

5(1)

Subsection 6(4) of The Dutch Elm Disease Act, chapter D107 of the Continuing Consolidation of the Statutes of Manitoba (in this section referred to as "the Act"), is repealed and the following subsection is substituted therefor:

Report to minister.

6(4)

Where in the course of an inspection under subsection (3) an inspector finds an elm tree or the wood of an elm tree which he or she believes, on reasonable and probable grounds, is infected or is in danger of becoming infected with Dutch Elm Disease, the inspector shall forthwith prepare and submit a written report thereon to the minister.

Secs. 7 and 8 rep. and sub.

5(2)

Sections 7 and 8 of the Act are repealed and the following sections are substituted therefor:

Order of minister.

7

Notwithstanding any other provision of this Act or the regulations but subject to section 5, where the minister believes on reasonable and probable grounds, pursuant to a report under section 6 or otherwise, that a tree or the wood of a tree upon the lands or premises of any person is infected or is in danger of becoming infected by Dutch Elm Disease, the minister may, by order, require the person, at the expense of the person and within a time stated in the order,

(a) to apply to the tree or wood such disinfecting or other preventive or curative treatments as may be specified in the order; or

(b) where the minister believes, on reasonable and probable grounds, that treatments under clause (a) have been or would be unsuccessful, to remove and dispose of the tree or wood in such manner as may be specified in the order.

Warrant to implement program, etc.

8(1)

Where a justice is satisfied by information upon oath that there are reasonable and probable grounds to believe that a person who is required to implement a program or measure pursuant to a regulation made under section 2, or to comply with an order made under section 7, has failed to do so within the time specified in the regulation or order, the justice may at any time issue a warrant authorizing any inspector, together with any peace officer on whom the inspector calls for assistance and such other persons as may be named in the warrant, to enter the lands or premises of the person and there, at the expense of the person, to implement or cause to be implemented the required program, measure or order.

Warrant to seize, etc.

8(2)

Where a justice is satisfied by information upon oath that there are reasonable and probable grounds to believe that a tree or wood is being had, kept or transported on any lands, or in any premises, vehicle or other place, in contravention of section 4, the justice may at any time issue a warrant authorizing any inspector, together with any peace officer on whom the inspector calls for assistance and such other persons as may be named in the warrant, to enter the lands, premises, vehicle or other place and, at the expense of the person in possession of the tree or wood, to seize, remove and dispose of the tree or wood, or cause it to be seized, removed and disposed of, in such manner as the minister may direct.

Section 10 rep.

5(3)

Section 10 of the Act is repealed. THE FATALITY INQUIRIES ACT

Subsec. 24(1) rep. and sub.

6

Subsection 24(1) of The Fatality Inquiries Act, chapter F52 of the Continuing Consolidation of the Statutes of Manitoba, is repealed and the following subsections are substituted therefor:

Right of entry.

24(1)

A medical examiner acting in the course or scope of duty may enter upon any premises which the medical examiner believes, on reasonable and probable grounds, contains a dead body which is, or may be, the subject of an inquiry under this Act, and may examine the body or remove it for purposes of this Act.

Warrant to remove body.

24(1.1)

A justice who is satisfied by information upon oath that

(a) there are reasonable and probable grounds to believe that premises contain a dead body which is, or may be, the subject of an inquiry under this Act; and

(b) any person who owns or occupies the premises is refusing to give a medical examiner access to the body, or is refusing to allow the body to be removed; may at any time issue a warrant authorizing a medical examiner, together with any peace officer on whom the medical examiner calls for assistance and such other persons as may be named in the warrant, to enter upon the premises and to examine or remove the body for purposes of this Act.

THE FIRES PREVENTION ACT

Subsec. 25(1) rep. and sub.

7

Subsection 25(1) of The Fires Prevention Act, chapter F80 of the Continuing Consolidation of the Statutes of Manitoba, is repealed and the following subsection is substituted therefor:

Removal of fire hazard.

25(1)

Where a forest officer has reasonable and probable grounds to believe that any work or action needs to be done, taken, or performed in order to remove a fire hazard caused by an operation on land in a wooded district, the forest officer may, in writing, order the owner, occupant, or person in charge of the operation, to do the work or to take or perform the action within the time specified in the order; and, in default of the work being done or the action being taken or performed within the time specified, any forest officer, on the instructions of the Provincial Forester, may enter upon the land with such assistants and equipment as are reasonably necessary, and forthwith do the work, or take or perform the action, in such manner as is reasonably necessary to remove the fire hazard.

THE FOREST ACT

Secs. 31 and 32 rep. and sub.

8(1)

Sections 31 and 32 of The Forest Act, chapter F150 of the Continuing Consolidation of the Statutes of Manitoba (in this section referred to as "the Act"), are repealed and the following sections are substituted therefor:

Seizure in execution of duties.

31(1)

Where, in conducting an inspection under this Act or otherwise acting in the course or scope of duty, an officer discovers an offence being committed against this Act or the regulations, the officer may seize

(a) any timber; or

(b) any equipment or tool used to cut timber; or

(c) any vehicle, boat, aircraft or other conveyance; which is being used to commit the offence or which is evidence of the offence, and may bring it before a justice, or report on it to a justice, to be dealt with according to law.

Warrant to enter and seize.

31(2)

A justice who is satisfied by information upon oath that there are reasonable and probable grounds to believe that

(a) an offence against this Act or the regulations has occurred or is occurring; and

(b) there is to be found in any building or receptacle, or any vehicle, boat, aircraft or other conveyance, or any other place in the province a book, record, document, quantity of timber, piece of equipment, tool or other thing which affords evidence of the offence; may at any time issue a warrant authorizing any officer, together with any peace officer on whom the officer calls for assistance and such other persons as may be named in the warrant, to enter and search the building, receptacle, conveyance or place for the thing, and to seize it and bring it before a justice, or report on it to a justice, to be dealt with according to law.

Seizure without warrant.

31(3)

Where an officer believes, on reasonable and probable grounds, that

(a) an offence against this Act or the regulations has occurred or is occurring; and

(b) there is to be found in any vehicle, boat, aircraft, or other conveyance in the province a book, record, document, quantity of timber, piece of equipment, tool or other thing which affords evidence of the offence; and it is not practicable in the circumstances to obtain a warrant in accordance with subsection (2), the officer may, without warrant, search the conveyance for the thing and may seize and bring it before a justice, or report on it to a justice, to be dealt with according to law.

Disposition of timber.

32(1)

Where proceedings under this Act or the regulations in respect of timber seized under section 31 have been finally resolved,

(a) if the accused has been convicted, the timber is forfeited to the Crown and may be disposed of as an officer directs;

(b) if the accused has been acquitted or the prosecution has not proceeded, the timber shall be turned over to the person who is lawfully entitled to possess it.

Disposition of other things.

32(2)

Subject to subsections (3) to (5), when proceedings under this Act or the regulations in respect of any thing except timber seized under section 31 have been finally resolved, or at such earlier time as the thing is no longer required for purposes of proceedings under this Act or the regulations, the thing shall be turned over to the person who is lawfully entitled to possess it.

Application for earlier possession.

32(3)

Any person claiming to be lawfully entitled to possess any thing except timber seized under section 31 may, prior to the turning over of the thing under subsection (2) and upon giving the minister 14 days notice of the hearing, apply to a justice for an order under subsection (4).

Order by justice.

32(4)

Upon hearing an application under subsection (3), the justice may order the seized thing to be turned over to the applicant, subject to such terms and conditions as the justice prescribes, if

(a) the applicant is lawfully entitled to possess the thing; and

(b) the justice is satisfied that appropriate arrangements have been, or will be, made to assure that the turning over of the thing will not interfere with the proper disposition of proceedings under this Act or the regulations.

Where person unknown.

32(5)

Where, for 6 months or more after a thing has been seized under section 31, the person who is lawfully entitled to possess it is unknown or cannot be located after reasonable effort, the thing becomes the property of the Crown and may be disposed of as an officer directs.

Sec. 35 rep.

8(2)

Section 35 of the Act is repealed.

Subsecs. 36(2) and (3) rep. and sub.

8(3)

Subsections 36(2) and (3) of the Act are repealed and the following subsections are substituted therefor:

Seizure for unpaid fees, etc.

36(2)

Where any person fails to pay to the Crown all or part of the required fee, rate, royalty, assessment, dues or charges, an officer may

(a) follow any timber cut, or cut and removed, by that person; and

(b) seize the timber and dispose of it in accordance with this section.

Sale of timber.

36(3)

Timber seized under subsection (2) may be sold in satisfaction of the fee, rate, royalty, assessment, dues or charges owing to the Crown, and the proceeds of sale shall be applied firstly, in satisfaction of the unpaid amount and secondly, towards the expenses of the sale; and, where the timber was cut under the authority of a valid licence, permit, or timber sale agreement, any surplus proceeds shall be paid to the person from whom the timber was seized.

Application by alleged debtor.

36(4)

Where timber has been seized under subsection (2), the person from whom it was seized may, within 30 days of the seizure or such further time as the court may allow, apply to the Court of Queen's Bench for an order under subsection (5).

Order of restitution, etc.

36(5)

Where, upon hearing an application under subsection (4), the court is satisfied that the applicant owes no fee, rate, royalty, assessment, dues or charges to the Crown or owes a smaller amount than the Crown has alleged, the court may

(a) order the return, if possible, of some or all of the seized timber to be returned to the applicant; or

(b) order the Crown to make restitution to the applicant in an appropriate amount, including any monies reasonably expended by the applicant in applying for the order; or

(c) make such other order as is just under the circumstances.

Alternative remedy.

36(6)

Where the timber of a person referred to in this section cannot be seized, and that person owes unpaid or outstanding fees, rates, royalties, assessments, dues or charges to the Crown with respect to that timber, the Crown may collect the unpaid or outstanding amount as a debt due to the Crown by an action in the Court of Queen's Bench, and the unpaid or outstanding amount is, and until paid shall remain, a lien on any timber cut by that person.

THE DEPARTMENT OF HEALTH ACT

Subsecs. 12(4.1) to (4.3) added.

9

Section 12 of The Department of Health Act, chapter H20 of the Continuing Consolidation of the Statutes of Manitoba, is amended by adding immediately after subsection (4) the following subsections:

Surplus moneys.

12(4.1)

Where the lien and charge referred to in clause (1)(b) is realized, any surplus moneys remaining after the government is reimbursed and the expenses of realizing the lien and charge are met shall be paid to the person affected by the government's action.

Application by person affected.

12(4.2)

Where the government takes action to realize the lien and charge referred to in clause (1)(b), any person affected by the action may, within 30 days of the taking of the action or such further time as the court may allow, apply to the Court of Queen's Bench for an order under subsection (4.3).

Order of restitution, etc.

12(4.3)

Where, upon hearing an application under subsection (4.2), the court is satisfied that the applicant owes no costs or expenses to the government or owes a smaller amount of costs and expenses than the government has alleged, the court may

(a) where applicable, order immediate termination of the action being taken to realize the lien and charge; or

(b) order the government to make restitution to the applicant in an appropriate amount, including any monies reasonably expended by the applicant in applying for the order; or

(c) make such other order as is just under the circumstances.

THE HORNED CATTLE PURCHASES ACT

Subsec. 9(1) rep. and sub.

10

Subsection 9(1) of The Horned Cattle Purchases Act, chapter H80 of the Continuing Consolidation of the Statutes of Manitoba, is repealed and the following subsection is substituted therefor:

Entry and inspection.

9(1)

Any inspector may, at any reasonable time and without warrant, enter upon the business premises of any person, or any premises where the inspector has reasonable and probable grounds to believe that business records are kept, and may examine and take copies of such documents, books and records therein as the inspector reasonably requires to determine compliance with this Act or the regulations.

THE INDUSTRIAL MINERALS DRILLING ACT

Sec. 6 rep. and sub.

11

Section 6 of The Industrial Minerals Drilling Act, chapter I20 of the Continuing Consolidation of the Statutes of Manitoba, is repealed and the following section is substituted therefor:

Entry and inspection.

6

The director, or any officer appointed by the director for the purpose, shall have access to all wells, records, plants, and equipment, and every operator and owner shall permit the director or officer to go upon any property where there have been boring operations and

(a) inspect the property;

(b) inspect such records on the property as the director or officer reasonably requires to determine compliance with this Act or the regulations;

(c) inspect the plant equipment; and

(d) take such samples, or carry out such tests and examinations, as are reasonably required to determine compliance with this Act or the regulations.

THE LIQUOR CONTROL ACT

Cl. 41(2)(d) rep.

12(1)

Clause 41(2)(d) of The Liquor Control Act, chapter L160 of the Continuing Consolidation of the Statutes of Manitoba (in this section referred to as "the Act"), is repealed.

Subsec. 241(3) rep.

12(2)

Subsection 241(3) of the Act is repealed.

Subsec. 243(2) am.

12(3)

Subsection 243(2) of the Act is amended by adding immediately after the word "justice" in the last line, the words "or report on them to a justice".

Sec. 244 am.

12(4)

Section 244 of the Act is amended

(a) by striking out the words "and where necessary upon ex parte application" in the 8th line; and

(b) by adding, immediately after the word "justice" in the 2nd last line, the words "or report on it to a justice".

Sec. 244.1 added.

12(5)

The Act is further amended by adding immediately after section 244 the following section:

Seizure without warrant

244.1

Where a constable or inspector believes, on reasonable and probable grounds, that

(a) liquor is being, or has been, unlawfully had or kept, or had or kept for an unlawful purpose; and

(b) there is to be found in any vehicle or other conveyance in the province a book, record, document, quantity of liquor or other thing which affords evidence of a violation referred to in clause (a); and it is not practicable in the circumstances to obtain a warrant in accordance with section 244, the constable or inspector may, without warrant, search the conveyance for the thing and may seize and bring it before a justice, or report on it to a justice, to be dealt with according to law.

THE LIVESTOCK AND LIVESTOCK PRODUCTS ACT

Subsec. 7(1) rep. and sub.

13

Subsection 7(1) of The Livestock and Livestock Products Act, chapter L170 of the Continuing Consolidation of the Statutes of Manitoba, is repealed and the following subsections are substituted therefor:

Entry and inspection.

7(1)

An inspector may, at any reasonable time and without warrant, enter into any business premises or any premises where the inspector believes on reasonable and probable grounds that business records, livestock, or livestock products are kept, and may

(a) inspect and take copies of such documents, books and records; and

(b) inspect such livestock, livestock products or other things; as the inspector reasonably requires to determine compliance with this Act or the regulations, or with any other Act of the Legislature as it relates to livestock or livestock products or any regulations made under that Act.

Warrant to enter and seize.

7(1.1)

A justice who is satisfied by information upon oath that there are reasonable and probable grounds to believe that

(a) an offence against this Act or the regulations, or of any other Act of the Legislature as it relates to livestock or livestock products or any regulation made under that Act, has occurred or is occurring; and

(b) there is to be found in any building, receptacle, vehicle, or place in the province a book, record, document, quantity of livestock, livestock product or other thing which affords evidence of the offence; may at any time issue a warrant authorizing any inspector, together with any peace officer on whom the inspector calls for assistance and such other persons as may be named in the warrant, to enter and search the building, receptacle, vehicle or place for the thing, and to seize it and bring it before a justice, or report on it to a justice, to be dealt with according to law.

THE MUNICIPAL ACT

Subsec. 508(5) added.

14(1)

Section 508 of The Municipal Act, chapter M225 of the Continuing Consolidation of the Statutes of Manitoba (in this section referred to as "the Act"), is amended by adding immediately after subsection (4) the following subsection:

Application for restitution.

508(5)

Section 790.1 applies with necessary modifications to a seizure and sale of grain under subsection (3).

Subsec. 511(3) added.

14(2)

Section 511 of the Act is amended by adding immediately after subsection (2) the following subsection:

Application for restitution.

511(3)

Section 790.1 applies with necessary modifications to a seizure and sale of livestock under subsection (1).

Subsec. 779(3) added.

14(3)

Section 779 of the Act is amended by adding immediately after subsection (2) the following subsection:

Rights of restitution.

779(3)

Subsection 789(4) and section 790.1 apply with necessary modifications to a seizure and sale of personal property under this section.

Sec. 790 rep. and sub.

14(4)

Section 790 of the Act is repealed and the following sections are substituted therefor:

Warrant to enter and seize.

790

Where a justice is satisfied by information upon oath that there are reasonable and probable grounds to believe that, after notice and demand of taxes has been issued and before the taxes become due and payable, a person who is liable, or about to become liable, to pay the taxes intends to remove from the municipality any goods or chattels subject to distress for the taxes, the justice may issue a warrant authorizing the treasurer of the municipality, together with any peace officer on whom the treasurer calls for assistance and such other persons as may be named in the warrant, to collect the taxes, and any costs or expenses, by distress and sale of the goods or chattels in the manner provided in this Division.

Application for order.

790.1(1)

Any person whose goods or chattels have been distrained under this Division for alleged non-payment of taxes may, within 30 days of the distraint or such further time as the court may allow, apply to the Court of Queen's Bench for an order under subsection (2).

Order of restitution, etc.

790.1(2)

Where, upon hearing an application under subsection (1), the court is satisfied that the applicant owes no arrears of taxes to the municipality or owes a smaller amount than the municipality has alleged, the court may

(a) order the return, if possible, of some or all of the distrained goods or chattels to the applicant; or

(b) order the municipality to make restitution to the applicant in an appropriate amount, including any monies reasonably expended by the applicant in applying for the order; or

(c) make such other order as is just under the circumstances.

No further assessment appeal.

790.1(3)

Nothing in this section shall be construed to enlarge or extend the rights of any person to appeal an assessment as provided under Parts III and IV of The Municipal Assessment Act.

THE NATURAL PRODUCTS MARKETING ACT

Subsec. 34(2) rep. and sub.

15(1)

Subsection 34(2) of The Natural Products Marketing Act, chapter N20 of the Continuing Consolidation of the Statutes of Manitoba (in this section referred to as "the Act"), is repealed and the following subsections are substituted therefor:

Entry and inspection.

34(2)

An inspector may, at any reasonable time and without warrant, and upon presentation of a certificate or other means of identification as prescribed in the regulations,

(a) enter any place or premises, other than a dwelling, in which any regulated product is being marketed, or in which the inspector believes on reasonable and probable grounds any regulated product is being marketed, and make such inspections of the place or premises as the inspector reasonably requires to determine compliance with this Act or the regulations;

(b) stop any vehicle in which any regulated product is being conveyed, or in which the inspector believes on reasonable and probable grounds any regulated product is being conveyed, and make such inspections of the vehicle as the inspector reasonably requires to determine compliance with this Act or the regulations;

(c) require any books, records or documents which relate to the marketing of a regulated product, or which the inspector believes on reasonable and probable grounds relate to the marketing of a regulated product, to be produced for inspection and make copies thereof; and

(d) inspect and take samples of any regulated product, or any natural product which might be a regulated product.

Seizure of product from vehicle.

34(2.1)

Where, in conducting an inspection of a vehicle under clause (2)(b), the inspector forms the opinion, based on reasonable and probable grounds, that an offence against this Act or the regulations is being committed by means of or in respect of any regulated product, or any receptacle containing such product, the inspector may seize the product or receptacle or cause it to be seized, and shall bring it before a justice, or report on it to a justice, to be dealt with according to law.

Unloading of cargo.

34(2.2)

For the purpose of exercising the powers set out in subsection (2.1), the inspector may require the driver or operator of the vehicle to take the vehicle to a place specified by the inspector so that all or part of the cargo may be unloaded and detained there.

Secs. 34.1 and 34.2 added.

15(2)

The Act is further amended by adding immediately after section 34 the following sections:

Warrant to enter and seize.

34.1

A justice who is satisfied by information upon oath that there are reasonable and probable grounds to believe that

(a) an offence against this Act or the regulations has occurred or is occurring; and

(b) there is to be found in any building, receptacle, vehicle, or place in the province a book, record, document, regulated product or other thing which affords evidence of the offence; may at any time issue a warrant authorizing any inspector, together with any peace officer on whom the inspector calls for assistance and such other persons as may be named in the warrant, to enter and search the building, receptacle, vehicle, or place for the thing, and to seize it and bring it before a justice, or report on it to a justice, to be dealt with according to law.

Sale of perishable product

34.2

Where a regulated product has been seized under subsection 34(2.1) or section 34.1 and the peace officer or inspector making the seizure reasonably believes that the product will spoil before the conclusion of proceedings in respect of the alleged offence, the peace officer or inspector shall cause the product to be sold and the proceeds held, with interest to be paid thereon at a rate fixed from time to time by the Lieutenant Governor in Council, pending the outcome of the proceedings.

Cl. 35(3)(b) am.

15(3)

Clause 35(3)(b) of the Act is amended by striking out the words "take and retain samples of any such product" therein.

Sec. 36 rep. and sub.

15(4)

Section 36 of the Act is repealed and the following section is substituted therefor:

Offences by corporate officers.

36(1)

Every officer, director or agent of a corporation who directs, authorizes, assents to, acquiesces in or participates in the commission of an offence by the corporation is a party to, and guilty of, the offence.

Forfeiture of seized product

36(2)

Where proceedings under this Act or the regulations in respect of a regulated product or receptacle seized under subsection 34(2.1) or section 34.1 have been finally resolved,

(a) if the accused has been convicted, the regulated product or receptacle, or the proceeds of sale and accumulated interest referred to in section 34.2, are forfeited to the Crown;

(b) if the accused has been acquitted or the prosecution has not proceeded, the regulated product or receptacle, or the proceeds of sale and accumulated interest referred to in section 34.2, shall be turned over or paid to the person who is lawfully entitled to possess it or them.

Disposal of forfeited property.

36(3)

A regulated product or receptacle forfeited under clause (2)(a) shall be disposed of as directed by the Minister of Agriculture, but where there is a forfeiture of sale proceeds and accumulated interest, the money shall be turned over to the Minister of Finance to be paid into the Consolidated Fund.

THE PROVINCIAL PARK LANDS ACT

Subsec. 10(1) am.

16(1)

Subsection 10(1) of The Provincial Park Lands Act, chapter P20 of the Continuing Consolidation of the Statutes of Manitoba (in this section referred to as "the Act"), is amended by

(a) adding the word "and" after clause (b) thereof;

(b) striking out the word "and" after clause (c) thereof; and

(c) striking out clause (d) thereof.

Subsec. 10(2) rep. and sub.

16(2)

Subsection 10(2) of the Act is repealed and the following subsections are substituted therefor:

Seizure in execution of duties.

10(2)

Any officer acting in the course or scope of duty in a provincial park who discovers an offence being committed against this Act or the regulations may seize

(a) any piece of equipment, firearm, implement or similar thing; or

(b) any vehicle, boat, aircraft, or other conveyance; which is being used to commit the offence or which is evidence of the offence, and may bring it before a justice, or report on it to a justice, to be dealt with according to law.

Warrant to enter and seize.

10(2.1)

A justice who is satisfied by information upon oath that there are reasonable and probable grounds to believe that

(a) an offence against this Act or the regulations has occurred or is occurring; and

(b) there is to be found in any building or receptacle, or any vehicle, boat, aircraft or other conveyance, or any other place in the province a book, record, document, piece of equipment, firearm, implement or other thing which affords evidence of the offence; may at any time issue a warrant authorizing any officer, together with any peace officer on whom the officer calls for assistance and such other persons as may be named in the warrant, to enter and search the building, receptacle, conveyance or place for the thing, and to seize it and bring it before a justice, or report on it to a justice, to be dealt with according to law.

Seizure without warrant

10(2.2)

Where an officer believes, on reasonable and probable grounds, that

(a) an offence against this Act or the regulations has occurred or is occurring; and

(b) there is to be found in any vehicle, boat, aircraft, or other conveyance in the province a book, record, document, piece of equipment, firearm, implement or other thing which affords evidence of the offence; and it is not practicable in the circumstances to obtain a warrant in accordance with subsection (2.1), the officer may, without warrant, search the conveyance for the thing and may seize and bring it before a justice, or report on it to a justice, to be dealt with according to law.

Sec. 10.1 added.

16(3)

The Act is further amended by adding immediately after section 10 the following section:

Disposition of conveyance.

10.1(1)

Subject to this section, when proceedings under this Act or the regulations in respect of a conveyance seized under section 10 have been finally resolved, or at such earlier time as the conveyance is no longer required for purposes of proceedings under this Act or the regulations, the conveyance shall be turned over to the person who is lawfully entitled to possess it.

Application for earlier possession.

10.1(2)

Any person claiming to be lawfully entitled to possess a conveyance seized under section 10 may, prior to the turning over of the conveyance under subsection (1) and upon giving the minister 14 days notice of the hearing, apply to a justice for an order under subsection (3).

Order by justice.

10.1(3)

Upon hearing an application under subsection (2), the justice may order the seized conveyance to be turned over to the applicant, subject to such terms and conditions as the justice prescribes, if

(a) the applicant is lawfully entitled to possess the conveyance; and

(b) the justice is satisfied that appropriate arrangements have been, or will be, made to assure that the turning over of the conveyance will not interfere with the proper disposition of proceedings under this Act or the regulations.

Disposition of other things.

10.1(4)

Where proceedings under this Act or the regulations in respect of any thing other than a conveyance seized under section 10 have been finally resolved,

(a) if the accused has been convicted, the convicting justice may order the thing forfeited to the Crown to be disposed of as an officer directs;

(b) if the accused has been acquitted or the prosecution has not proceeded, the thing shall be turned over to the person lawfully entitled to possess it.

Where person unknown.

10.1(5)

Where, for 6 months or more after a thing has been seized under section 10, the person who is lawfully entitled to possess it is unknown or cannot be located after reasonable effort, the thing becomes the property of the Crown and may be disposed of as an officer directs.

THE PESTICIDESAND FERTILIZERS CONTROL ACT

Cls. 4(1)(a) and (b) rep. and sub.

17(1)

Clauses 4(1)(a) and (b) of The Pesticides and Fertilizers Control Act, chapter P40 of the Continuing Consolidation of the Statutes of Manitoba (in this section referred to as "the Act"), are repealed and the following clauses are substituted therefor:

(a) at any reasonable time and without warrant, enter any business premises, or any premises where the inspector has reasonable and probable grounds to believe that business records are kept, and examine and make copies of such books, records, registers or documents concerning the supply, sale, distribution or use of pesticides or fertilizers as the inspector reasonably requires to determine compliance with this Act or the regulations;

(b) require the production of, examine, and make copies of any books, records, registers or documents referred to in clause (a);.

Subsec. 4(1.1) added.

17(2)

Section 4 of the Act is further amended by adding immediately after subsection (1) the following subsection:

Warrant to enter and seize.

4(1.1)

A justice who is satisfied by information upon oath that there are reasonable and probable grounds to believe that

(a) an offence against this Act or the regulations has occurred or is occurring; and

(b) there is to be found in any building, receptacle, vehicle, or place in the province a book, record, document, quantity of pesticide or fertilizer, or other thing which affords evidence of the offence; may at any time issue a warrant authorizing any inspector, together with any peace officer on whom the inspector calls for assistance and such other persons as may be named in the warrant, to enter and search the building, receptacle, vehicle, or place for the thing, and to seize it and bring it before a justice, or report on it to a justice, to be dealt with according to law.

Subsec. 4(2) rep. and sub.

17(3)

Subsection 4(2) of the Act is repealed and the following subsection is substituted therefor:

Destruction of contaminated material.

4(2)

Where any plant or plant product, livestock or livestock product, or any other material is subjected to scientific or chemical analysis in accordance with this section, and is found to be contaminated with pesticides or fertilizers or to contain a residue of pesticides or fertilizers exceeding permissible standards established under provincial or federal law, the minister may cause the destruction of the material in such manner as is reasonably required under the circumstances.

THE SEED AND FODDER RELIEF ACT

Subsecs. 5(11) to (13) added.

18

Section 5 of The Seed and Fodder Relief Act, chapter S80 of the Continuing Consolidation of the Statutes of Manitoba, is amended by adding immediately after subsection (10) the following subsections:

Disposition of surplus.

5(11)

Any surplus funds remaining after a seizure and sale, and the payment of costs, under clause (10)(b) shall be paid to the person or persons from whom the crops were seized.

Application by alleged debtor.

5(12)

Any person affected by a seizure under clause (10)(b) may, within 30 days of the seizure or such further time as the court may allow, apply to the Court of Queen's Bench for an order under subsection (13).

Order of restitution, etc.

5(13)

Where, upon hearing an application under subsection (12), the court is satisfied that the applicant owes no debt to the Crown or owes a smaller debt than the Crown has alleged, the court may

(a) order the return, if possible, of some or all of the seized crops, grain or produce to the applicant; or

(b) order the Crown to make restitution to the applicant in an appropriate amount, including any monies reasonably expended by the applicant in applying for the order; or

(c) make such other order as is just under the circumstances.

THE WILD RICE ACT

Subsecs. 14(3) and (4) added.

19(1)

Section 14 of The Wild Rice Act, chapter W130 of the Continuing Consolidation of the Statutes of Manitoba (in this section referred to as "the Act"), is amended by adding immediately after subsection (2) the following subsections:

Application by alleged debtor.

14(3)

Any person from whom wild rice has been seized under subsection (2) may, within 30 days of the seizure or such further time as the court may allow, apply to the Court of Queen's Bench for an order under subsection (4).

Order of restitution, etc.

14(4)

Where, upon hearing an application under subsection (3), the court is satisfied that the applicant owes no fee, rent, royalty, or other amount to the government or owes a smaller amount than the government has alleged, the court may

(a) order the return, if possible, of some or all of the wild rice to the applicant; or

(b) order the government to make restitution to the applicant in an appropriate amount, including any monies reasonably expended by the applicant in applying for the order; or

(c) make such other order as is just under the circumstances.

Sec. 26 rep. and sub.

19(2)

Section 26 of the Act is repealed and the following section is substituted therefor:

Seizure in execution of duties.

26(1)

Where, in conducting an inspection under this Act or otherwise acting in the course or scope of duty, an officer discovers an offence being committed against this Act or the regulations, the officer may seize

(a) any wild rice and any receptacle in which the wild rice is contained; or

(b) any implement or appliance used in the production of wild rice; or

(c) any vehicle, boat, aircraft or other conveyance; which is being used to commit the offence or which is evidence of the offence, and may bring it before a justice, or report on it to a justice, to be dealt with according to law.

Warrant to enter and seize.

26(2)

A justice who is satisfied by information upon oath that there are reasonable and probable grounds to believe that

(a) an offence against this Act or the regulations has occurred or is occurring; and

(b) there is to be found in any building or receptacle, or any vehicle, boat, aircraft or other conveyance, or any other place in the province a book, record, document, quantity of wild rice, implement, appliance or other thing which affords evidence of the offence; may at any time issue a warrant authorizing any officer and such other persons as may be named in the warrant, to enter and search the building, receptacle, conveyance or place for the thing, and to seize it and bring it before a justice, or report on it to a justice, to be dealt with according to law.

Seizure without warrant.

26(3)

Where an officer believes, on reasonable and probable grounds, that

(a) an offence against this Act or the regulations has occurred or is occurring; and

(b) there is to be found in any vehicle, boat, aircraft or other conveyance in the province a book, record, document, quantity of wild rice, implement, appliance or other thing which affords evidence of the offence; and it is not practicable in the circumstances to obtain a warrant in accordance with subsection (2), the officer may, without warrant, search the conveyance for the thing and may seize and bring it before a justice, or report on it to a justice, to be dealt with according to law.

Sec. 29 rep. and sub.

19(3)

Section 29 of the Act is repealed and the following section is substituted therefor:

Storage or sale of wild rice.

29(1)

Any wild rice seized under section 26 in respect of an alleged offence

(a) may be held or stored in such manner, in such place and for such time as the minister may direct, and may be sold thereafter in such manner and for such amount as the minister may further direct; or

(b) may be sold immediately following the seizure, in such manner and for such amount as the minister may direct; and the proceeds of any sale shall be held, with interest to be paid thereon at a rate fixed from time to time by the Lieutenant Governor in Council, pending the outcome of proceedings in respect of the alleged offence.

Disposition after proceedings.

29(2)

Where the proceedings referred to in subsection (1) have been finally resolved,

(a) if the accused has been convicted of the offence, the wild rice, or the proceeds of sale and accumulated interest referred to in subsection (1), are forfeited to the Crown, but if another person is the owner of the wild rice within the meaning of section 17, the wild rice, or the proceeds of sale and accumulated interest, shall be turned over or paid to that other person;

(b) if the accused has been acquitted or the prosecution has not proceeded, the wild rice, or the proceeds of sale and accumulated interest, shall be turned over or paid to the person who is lawfully entitled to possess it or them.

Disposition of other things.

29(3)

Subject to subsections (4) to (6), when proceedings under this Act or the regulations in respect of any thing except wild rice seized under section 26 have been finally resolved, or at such earlier time as the thing is no longer required for purposes of proceedings under this Act or the regulations, the thing shall be turned over to the person who is lawfully entitled to possess it.

Application for earlier possession.

29(4)

Any person claiming to be lawfully entitled to possess any thing except wild rice seized under section 26 may, prior to the turning over of the thing under subsection (3) and upon giving the minister 14 days notice of the hearing, apply to a justice for an order under subsection (5).

Order by justice.

29(5)

Upon hearing an application under subsection (4), the justice may order the seized thing to be turned over to the applicant, subject to such terms and conditions as the justice prescribes, if

(a) the applicant is lawfully entitled to possess the thing; and

(b) the justice is satisfied that appropriate arrangements have been, or will be, made to assure that the turning over of the thing will not interfere with the proper disposition of proceedings under this Act or the regulations.

Where person unknown.

29(6)

Where, for 6 months or more after a thing has been seized under section 26, the person who is lawfully entitled to possess it is unknown or cannot be located after reasonable effort, the thing becomes the property of the Crown and may be disposed of as the minister or an officer directs.

THE WILDLIFE ACT

Subsec. 70(1) rep.

20(1)

Subsection 70(1) of The Wildlife Act, chapter W140 of the Continuing Consolidation of the Statutes of Manitoba (in this section referred to as "the Act"), is repealed.

Subsec. 70(2) am.

20(2)

Subsection 70(2) of the Act is amended by striking out the 1st line and substituting therefor the following words:

An officer may, at any reasonable time and where reasonably required to determine compliance with this Act or the regulations,.

Sec. 71 rep. and sub.

20(3)

Section 71 of the Act is repealed and the following section is substituted therefor:

Seizure in execution of duties.

71(1)

Any officer acting in the course or scope of duty who discovers an offence being committed against this Act or the regulations may seize

(a) any wildlife or the pelt, skin or hide of any wildlife;

(b) any firearm, ammunition, decoy, or other implement or appliance used for shooting, hunting or trapping; and

(c) any vehicle, boat, aircraft, or other conveyance; which is being used to commit the offence or which is evidence of the offence, and may bring it before a justice, or report on it to a justice, to be dealt with according to law.

Warrant to enter and seize.

71(2)

A justice who is satisfied by information upon oath that there are reasonable and probable grounds to believe that

(a) an offence against this Act or the regulations has occurred or is occurring; and

(b) there is to be found in any building or receptacle, or any vehicle, boat, aircraft or other conveyance, or any other place in the province a book, record, document, specimen of wildlife or pelt, skin or hide of wildlife, firearm, quantity of ammunition, implement, appliance or other thing which affords evidence of the offence; may at any time issue a warrant authorizing any officer and such other persons as may be named in the warrant, to enter and search the building, receptacle, conveyance or place for the thing, and to seize it and bring it before a justice, or report on it to a justice, to be dealt with according to law.

Seizure without warrant.

71(3)

Where an officer believes, on reasonable and probable grounds, that

(a) an offence against this Act or the regulations has occurred or is occurring; and

(b) there is to be found in any vehicle, boat, aircraft, or other conveyance in the province a book, record, document, specimen of wildlife or pelt, skin or hide of wildlife, firearm, quantity of ammunition, implement, appliance or other thing which affords evidence of the offence; and it is not practicable in the circumstances to obtain a warrant in accordance with subsection (2), the officer may, without warrant, search the conveyance for the thing and may seize and bring it before a justice, or report on it to a justice, to be dealt with according to law.

Seizure for examination, etc.

71(4)

An officer who suspects on reasonable and probable grounds that any wildlife has a disease may seize the wildlife for the purpose of performing a biological or scientific examination of it, and where upon examination the wildlife is found to have a disease, the minister may direct that it be treated, destroyed, or otherwise disposed of in such manner as is reasonably required under the circumstances.

Subsec. 73(1) rep. and sub.

20(4)

Subsection 73(1) of the Act is repealed and the following subsection is substituted therefor:

Officer may stop vehicle.

73(1)

For purposes of exercising any enforcement power under this Act or the regulations, an officer may signal or request any person driving a vehicle to stop, and thereupon the person shall bring the vehicle to a stop and shall not proceed until permitted to do so by the officer.

Sec. 78 rep. and sub.

20(5)

Section 78 of the Act is repealed and the following section is substituted therefor:

Forfeiture of wildlife.

78(1)

Where a person has been convicted of an offence under this Act or the regulations, any wildlife, or part thereof, and any pelt, skin or hide of wildlife which was seized in respect of the offence is forfeited to the Crown and may be disposed of as the minister or an officer directs.

Disposition on acquittal, etc..

78(2)

Where any wildlife or part thereof, or any pelt, skin or hide of wildlife was seized under this Act in respect of an alleged offence against this Act or the regulations, and the accused has been acquitted of the offence or no prosecution has proceeded, the wildlife, pelt, skin or hide shall be turned over to the person who is lawfully entitled to possess it.

Forfeiture of other things.

78(3)

Where any thing except wildlife or a pelt, skin or hide of wildlife was seized under this Act in respect of an alleged offence against the Act or the regulations, and the accused has been convicted of the offence, the presiding justice may, in addition to imposing the penalties provided under this Act, order the thing to be forfeited to the Crown.

Disposal.

78(4)

Where a thing has been ordered to be forfeited under subsection (3), it shall be disposed of as the minister or an officer directs, but otherwise the thing shall be turned over to the person who is lawfully entitled to possess it at the conclusion of proceedings in respect of the alleged offence.

Where person unknown.

78(5)

Where, for 6 months or more after a thing has been seized under this Act, the person who is lawfully entitled to possess it is unknown or cannot be located after reasonable effort, the thing becomes the property of the Crown and may be disposed of as the minister or an officer directs.

See. 81 rep.

20(6)

Section 81 of the Act is repealed. THE CITY OF WINNIPEG ACT

Subsec. 226(4) added.

21(1)

Section 226 of The City of Winnipeg Act, chapter 105 of the Statutes of Manitoba 1971 (in this section referred to as "the Act"), is amended by adding immediately after subsection (3) the following subsection:

Rights of debtor.

226(4)

Subsections 242(9) and (10) and section 244.1 apply with necessary modifications to a seizure and sale of property under this section.

Sec. 244.1 added.

21(2)

The Act is further amended by adding immediately after section 244 the following section:

Application re alleged default

244.1(1)

Any person whose goods or chattels have been distrained under this Act for alleged non-payment of taxes may, within 30 days of the distress or such further time as the court may allow, apply to the Court of Queen's Bench for an order under subsection (2).

Order of restitution, etc.

244.1(2)

Where, upon hearing an application under subsection (1), the court is satisfied that the applicant owes no arrears of taxes to the city or owes a smaller amount than the city has alleged, the court may

(a) order the return, if possible, of some or all of the distrained goods or chattels to the applicant; or

(b) order the city to make restitution to the applicant in an appropriate amount, including any monies reasonably expended by the applicant in applying for the order; or

(c) make such other order as is just under the circumstances.

No further assessment appeal.

244.1(3)

Nothing in this section shall be construed to enlarge or extend the rights of any person to appeal an assessment as provided under Parts III and IV of The Municipal Assessment Act or as previously provided under Part VII of this Act.

Subsec. 524(3) added.

21(3)

Section 524 of the Act is amended by adding immediately after subsection (2) the following subsection:

Application for restitution.

524(3)

Section 244.1 applies with necessary modifications to a seizure and sale of goods under clause (1)(o).

Sec. 545.1 added.

21(4)

The Act is further amended by adding immediately after section 545 the following section:

Application for restitution.

545.1

Section 244.1 applies with necessary modifications to a distress and sale of goods and chattels under clause 545(b).

Commencement of Act.

22

This Act comes into force on the day it receives the royal assent.