Bill C-90

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Royal Assent

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	PART II
R.S., c. E-14; R.S., cc. 15, 27 (1st Supp.), cc. 1, 7, 42 (2nd Supp.), c. 12 (4th Supp.); 1989, c. 22; 1990, c. 45; 1991, c. 42; 1993, c. 25; 1994, cc. 13, 29, 37	EXCISE ACT
	*12. Subsection 88(2) of the Excise Act* is replaced by the following:**
Horses, vehicles, etc.	(2) All horses, vehicles, vessels and other appliances that have been or are being used for the purpose of transporting in contravention of this Act or the regulations, or in or on which are found any goods subject to excise, or any materials or apparatus used or to be used in contravention of this Act or the regulations in the production of any goods subject to excise and all such goods, materials or apparatus may likewise be seized as forfeited by the seizing officer and may be dealt with in the manner described in subsection (1).
	13. The Act is amended by adding the following after section 88:
Notification of seizure	88.1 Where an officer has evidence that a person may be entitled to make an application under subsection 88.2(1) in respect of a horse, vehicle, vessel or other appliance seized as forfeited under this Act, the officer shall take such measures as are reasonable to ensure that notification of the seizure is sent to that person at the person's last known address.
Person who claims interest in things seized	88.2. (1) Where a horse, vehicle, vessel or other appliance has been seized as forfeited under this Act, any person, other than the person accused of an offence resulting in the seizure or person in whose possession the horse, vehicle, vessel or other appliance was seized, who claims an interest in the horse, vehicle, vessel or other appliance as owner, mortgagee, or holder of a lien or other like interest may, within thirty days after the seizure, apply to any judge of any superior court of a province or to a judge of the Federal Court for an order declaring the claimant's interest.
Conditions	(2) Where, after such notice to the Minister as the judge referred to in subsection (1) may require, it is made to appear to the satisfaction of the judge
	(a) that the claimant is innocent of any complicity in the offence resulting in the seizure or of any collusion with the offender in relation thereto, and
	(b) that the claimant exercised all reasonable care in respect of the person permitted to obtain the possession of the horse, vehicle, vessel or other appliance to satisfy the claimant that it was not likely to be used contrary to this Act or, if a mortgagee or holder of a lien or other like interest, that before becoming the mortgagee or holder of the lien or other interest the claimant exercised such care with respect to the mortgagor or person from whom the lien or interest was acquired,
	the claimant is entitled to an order that the claimant's interest is not affected by the sei zure.
	14. Section 164 of the Act is repealed.