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Last verified: June 2026 · Source: justice.gc.ca← Back to Law Explorer
IRPRPART 16 SeizureDIVISION 2 Specified Removal Order
r.258

Sale or destruction of seized thing

Transportation
🍁 In Simple Terms

If a seized item other than a document can't be returned to its owner, it will be sold. If the costs of selling it would exceed its value, it will simply be destroyed. No sale or destruction can happen within 15 days of the notification of non-return, or before any appeals are resolved.

Affects: Foreign nationals and permanent residents in Canada
Legal Text: IRPR Regulation 258

(1)If a thing seized, other than a document, is not returned to its lawful owner or the person from whom it was seized, the thing shall be sold unless the costs of the sale would exceed the monetary value of the thing, in which case the thing shall be destroyed.

Sale or destruction suspended

(2)A thing seized shall not be sold or destroyed (a)within the 15 days after the day on which the notification of a decision not to return it was provided; or (b)before a final decision is made in any judicial proceeding in Canada affecting the seizure or the return of the thing seized.

Return or disposal of documents

(3)If a document is not returned to its lawful owner or the person from whom it was seized, the document shall be held for as long as is necessary for the administration of the laws of Canada, after which it shall either be returned to the authority that issued it or disposed of in accordance with the laws of Canada.

In Practice
Official Source: Justice Canada: IRPR r. 258 (authoritative, may differ from this display)
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