Possession of stolen or fraudulently obtained valuable minerals
394.1 (1) No person shall possess any valuable mineral that is unrefined, partly refined, uncut or otherwise unprocessed that has been stolen or dealt with contrary to section 394.
Evidence
(2) Reasonable grounds to believe that the valuable mineral has been stolen or dealt with contrary to section 394 are, in the absence of evidence raising a reasonable doubt to the contrary, proof that the valuable mineral has been stolen or dealt with contrary to section 394.
Offence
(3) A person who contravenes subsection (1) is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.
Forfeiture
(4) If a person is convicted of an offence under this section, the court may, on that conviction, order that anything by means of or in relation to which the offence was committed be forfeited to Her Majesty.
Exception
(5) Subsection (4) does not apply to real property, other than real property built or significantly modified for the purpose of facilitating the commission of an offence under subsection (3).
Annotations
- Part X