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Assisted Human Reproduction Act

Version of section 51 from 2019-06-09 to 2024-05-28:


Marginal note:Application for restoration

  •  (1) A person from whom material or information is seized may, within 60 days after the date of the seizure, apply to a provincial court judge within whose jurisdiction the seizure was made for an order of restoration, if the person sends to the Minister notice of their intention to do so.

  • Marginal note:Order of restoration

    (2) The provincial court judge may order that seized material or information be restored immediately to the applicant if, on hearing the application, the judge is satisfied that

    • (a) the applicant is entitled to possession of it; and

    • (b) it will not be required as evidence in any proceedings under this Act.

  • Marginal note:Order of later restoration

    (3) If, on hearing an application, a provincial court judge is satisfied that the applicant is entitled to possession of seized material or information but is not satisfied as regards paragraph (2)(b), the judge may order that the material or information be restored to the applicant

    • (a) on the expiry of 180 days after the date of the seizure if no proceedings under this Act have been commenced before that time; or

    • (b) on the final conclusion of proceedings under this Act.

  • Marginal note:Exception

    (4) A provincial court judge may not make an order for the restoration of material or information if it has been forfeited by consent under subsection 52(2).

  • 2004, c. 2, s. 51
  • 2012, c. 19, s. 730

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