BILL NO. 118

1st Session, 57th General Assembly
Nova Scotia
47-48 Elizabeth II, 1998-99

Private Member's Bill

Motor Vehicle Act
(amended)

Murray Scott
Cumberland South

First Reading: June 10, 1999

(Explanatory Notes)

Second Reading:

Third Reading:

Clause 1 enables a peace officer to detain a motor vehicle where the peace officer is satisfied that the vehicle is being operated in the course of committing an offence under section 211 (transporting person to a bawdy house), 212 (procuring) or 213 (offence in relation to prostitution) of the Criminal Code (Canada).

Clause 2 provides that this Act is subject to proclamation.

Be it enacted by the Governor and Assembly as follows:

1 Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, is amended by adding immediately after Section 291D the following heading and Section:

IMPOUNDING OF VEHICLE
IN PROSTITUTION-RELATED OFFENCES

291E (1) In this Section, "impound" means remove a vehicle to a secure storage facility or immobilize the vehicle with an approved device.

(2) Where a peace officer is satisfied that a motor vehicle is being operated in the course of committing an offence under section 211, 212 or 213 of the Criminal Code (Canada), the peace officer shall

(a) notify the Registrar or cause the Registrar to be notified of the fact; and

(b) detain the motor vehicle that was being operated in the course of committing an offence under section 211, 212 or 213 of the Criminal Code (Canada).

(3) Any personal property present in a motor vehicle that is detained pursuant to this Section, other than personal property attached to or used in connection with the operation of the vehicle, shall be released to the owner of the personal property upon request, unless it is required as evidence in a prosecution or in connection with an investigation of an offence under this Act.

(4) No person shall remove or release, or permit the removal or release of, a motor vehicle detained pursuant to this Section from an impound facility except as authorized by this Section.

(5) Notwithstanding subsection (2), a peace officer who detains a motor vehicle pursuant to this Section but is satisfied that detaining a motor vehicle would jeopardize the safety of, or cause undue hardship to, any person, may delay detaining the vehicle and may permit it to be driven to a location specified by the peace officer, where any peace officer may detain the vehicle.

(6) Where a motor vehicle is detained pursuant to this Section, the peace officer may, with the approval of the Registrar, release the vehicle to the owner, or to a person authorized by the owner, if the peace officer is satisfied that

(a) the vehicle is stolen;

(b) at the time the motor vehicle was detained, the driver was in possession of it without the knowledge and consent of its owner;

(c) the owner could not reasonably have known that the vehicle was being operated in the course of committing an offence referred to in subsection (2); or

(d) every person

(i) who was in the vehicle at the time it was detained, and

(ii) who the peace officer referred to in subsection (2) had reasonable grounds to believe had committed an offence referred to in that subsection,

is eligible for, and consents to be dealt with by way of, a program of alternative measures authorized under clause 717(1)(a) of the Criminal Code (Canada).

(7) The owner of a motor vehicle detained pursuant to this Section may, where the owner is not charged with an offence referred to in subsection (2) in respect of which the vehicle was detained, apply to the Registrar for the release of the vehicle by

(a) making application in the form and manner required by the Registrar; and

(b) paying the prescribed fee.

(8) In considering an application pursuant to subsection (7), the Registrar may consider any evidence or information the Registrar considers relevant, which may include

(a) a report of a peace officer respecting the detention of the motor vehicle; and

(b) any record of a previous detention under this Section of a vehicle that was at the time registered in the name of, or owned by, the applicant.

(9) Where the Registrar is satisfied that

(a) at the time the motor vehicle was detained, the driver was in possession of it without the knowledge and consent of its owner; or

(b) the owner could not reasonably have known that the vehicle was being operated in the course of committing an offence referred to in subsection (2),

the Registrar shall order that

(c) the vehicle be released to the owner, or to a person authorized by the owner, and that the impound facility be notified; and

(d) the application fee paid pursuant to clause (b) of subsection (7) be refunded to the owner.

(10) The owner of a motor vehicle detained pursuant to this Section may at any time apply to the Registrar for the release of the vehicle on deposit of a sum of money, or security for money approved by the Minister of Finance, equal to the value of the vehicle, as determined by the Registrar in accordance with the regulations and the Registrar may authorize the release of the vehicle to the owner, or to a person authorized by the owner.

(11) Where the Registrar is satisfied that the costs and charges related to the detention of a motor vehicle pursuant to this Section will or could amount to more than the value of the vehicle or the value of the interest of the owner in the vehicle, whichever is less, the Registrar

(a) may release the vehicle to the owner; and

(b) before releasing the vehicle, may registrar a notice, pursuant to the Personal Property Security Act, that the vehicle is subject to forfeiture under this Section.

(12) The Registrar shall notify a peace officer of an order made pursuant to this Section to release a motor vehicle and shall send notice of the order to the owner of the motor vehicle at the most recent address for the owner appearing in the records of the Registrar.

(13) Upon notification of the Registrar's order to release the motor vehicle, a peace officer shall forthwith release the motor vehicle to its owner, or a person authorized by the owner.

(14) Service of the order, or notice of it, on the driver of the motor vehicle is deemed to be service on and sufficient notice to the owner of the vehicle and the operator of the vehicle, if there is an operator.

(15) Where no person is convicted of an offence in respect of which a motor vehicle is detained pursuant to this Section, the Registrar shall

(a) where the vehicle has not been released pursuant to this Section, release the vehicle;

(b) where notice has been registered pursuant to the Personal Property Security Act, discharge the notice in accordance with that Act; and

(c) return any sum of money or security for money deposited with the Minister of Finance in respect of the vehicle pursuant to this Section.

(16) When a person who is in a motor vehicle at the time it is detained pursuant to subsection (2) is convicted of an offence referred to in that subsection,

(a) where the owner of the vehicle has deposited money or security for money pursuant to subsection (10), the deposit is forfeited;

(b) where a notice has been registered pursuant to the Personal Property Security Act, the vehicle is forfeited to the Crown, subject to any security interest registered before the notice;

(c) where at the time of the conviction the vehicle remains under detention and has not been released pursuant to this Section or disposed of under the regulations, the vehicle is forfeited to the Crown, subject to any security interest registered before the vehicle was detained.

(17) Notwithstanding being served with order pursuant to this Section by the owner of a motor vehicle, the person who operates the impound facility is not required to release the motor vehicle to the owner until the owner pays the removal and impound costs related to the impound order.

(18) The costs incurred by the person who operates the impound facility in respect of an order to impound pursuant to this Section constitute a lien on the motor vehicle.

(19) The costs incurred by the Crown in removing, storing or disposing of a motor vehicle pursuant to this Section are a debt due to the Crown and may be recovered by the Crown in any court of competent jurisdiction.

(20) Subsections 291A(20) to (22) and (24) to (26) apply mutatis mutandis to the detention of a motor vehicle pursuant to this Section.

(21) The Registrar may prescribe

(a) the manner in which orders may be issued and notifications of orders given pursuant to this Section; and

(b) methods for and rules of service for any notice or order required to be served pursuant to this Section.

(22) The Governor in Council may make regulations

(a) prescribing a schedule of fees that may be charged by independent contractors for services in connection with this Section;

(b) respecting the release of motor vehicles detained pursuant to this Section;

(c) classifying persons and motor vehicles and exempting any class of person or any class of motor vehicle from any provision of this Section or any regulation made pursuant to this Section and prescribing conditions for any such exemptions;

(d) prescribing fees for the administration of this Section;

(e) respecting the determination of the value of a motor vehicle;

(f) respecting the deposit of money or security for money, including the disposition of interest earned on deposits;

(g) deemed necessary or advisable to carry out effectively the intent and purpose of this Section.

(23) The exercise by the Governor in Council of the authority contained in subsection (22) is regulations within the meaning of the Regulations Act.

2 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.