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NEWFOUNDLAND

AND

LABRADOR

REGULATION 92/13

Disposal of Personal Property Regulations

under the

Royal Newfoundland

Constabulary Act, 1992

(O.C. 2013-227)

(Filed August 20, 2013)

Under the authority of

section 56 of the Royal Newfoundland

Constabulary Act, 1992,

the Lieutenant-Governor in Council makes the following regulations.

Dated at St. Johns

, August 16, 2013.

Robert Thompson

Clerk of the Executive Council

REGULATIONS

Analysis

Short title

Application

Disposal of personal property

Disposal of perishable personal property

Title vests in new owner

Short title

These regulations may be cited as the Disposal of Personal Property Regulations

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Application

These regulations do not apply to motor vehicles to which the Vehicle Seizure and Impoundment Regulations, 2012

apply.

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Disposal of personal property

(1)The chief or his or her designate may dispose of stolen, seized, abandoned or found personal property obtained in the course of the performance of the constabulary's policing duties where

(

a) the personal property is not required as evidence in a proceeding;

(

b) the chief or his or her designate cannot, after reasonable effort, identify the owner of the personal property or the owner has abandoned the personal property;

(

c) a court has not made an order in respect of the personal property; and

(

d) the personal property has been in the possession of the constabulary for at least 3 months.

(2) Where the conditions in subsection (1) have been met the chief or his or her designate may

(

a) keep the personal property for the constabulary's own use;

(

b) transfer found personal property to the finder where the chief or his or her designate considers it to be in the interest of the administration of justice;

(

c) transfer the personal property to a charitable organization;

(

d) transfer the personal property to the Government Purchasing Agency; or

(

e) destroy the personal property where the chief or his or her designate is of the opinion that the personal property has no marketable value.

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Disposal of perishable personal property

Notwithstanding

section 3, where the chief or his or her designate is of the opinion that the personal property is perishable the chief or his or her designate may, at any time, cause the personal property to be destroyed.

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Title vests in new owner

Good and sufficient title to personal property kept or transferred under these regulations vests in the recipient of the personal property as against any other person who claims or might claim against the property.

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