Vehicle Seizure and Removal Regulation (Alta. Reg. 251/2006)

Alta. Reg. 251/2006

Alberta — Regulations

© Published by Alberta King’s Printer Alberta King’s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 E-mail: kings-printer@gov.ab.ca Shop on-line at kings-printer.alberta.ca Province of Alberta Office Consolidation Alberta Regulation 251/2006 With amendments up to and including Alberta Regulation 158/2025 Current as of June 25, 2025 TRAFFIC SAFETY ACT VEHICLE SEIZURE AND REMOVAL REGULATION

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Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law.

(Consolidated up to 158/2025) ALBERTA REGULATION 251/2006 Traffic Safety Act VEHICLE SEIZURE AND REMOVAL REGULATION Table of Contents 1

Definitions 2 Designated program 3 Signature of p eace officer 4 Service of notice

Part 1 Abandoned and Immobilized Vehicles 5 Abandoned vehicle notice 6 Immobilization notice

Part 2 Seizure and Removal 7 Seizure notice 8 Authorization to impound 9 Operator of a vehicle impoundment area 10 When owner may apply for release of vehicle 11 Application by driver for revi ew of seizure of motor vehicle 11.1 Application for relief from sei zure for affected persons 11.2 Method of and fee for review of seizure or consideration of application for relief from seizure 11.3 Fees to cover merchant fees 12 Rescission of seizure

Part 3 Effect of Seizure 13 Application 14 Seizure costs and disposal costs 15 Reclaiming a vehicle 16 Vehicle deemed abandoned

Part 4 Disposal of Vehicles 17 Definition

Section 1 AR 251/2006 VEHICLE SEIZURE AND REMOVAL REGULATION 2 18 Disposal of vehicle 19 Disposal of worthless vehicle 20 Vehicle forfeiture 21 Claim to remaining money 22 Seizure costs 23 Registrar’s powers 24 Title to vehicle 25 Personal property 26 Proceeds of sale

Part 5 General 27 Transitional 28 Repeal 30 Coming into force

Definitions 1(1) In this Regulation, (a) “abandoned vehicle” means a vehicle that is an abandoned vehicle under

section 69(8) or 76 of the Act; (b) “Act” means the Traffic Safety Act; (c) “Administrator” means the Administrator of the Motor Vehicle Accident Claims Act; (

d) repealed AR 225/2020 s2; (e) “designated official” means an employee of the government designated by the Minister as a designated official; (f) “designated program” means a program of alternative measures designated by the Minister of Public Safety and Emergency Services pursuant to

section 2; (g) “disposal costs” means any costs, fees or charges reasonably incurred in the disposal of a vehicle; (h) “immobilize” includes detain; (i) “operator of a vehicle i mpoundment area” means the person having the care, custody and control of a vehicle impoundment area; (j) “owner” includes the owner of a seized or removed motor vehicle at the time it was seized or removed;

Section 2 AR 251/2006 VEHICLE SEIZURE AND REMOVAL REGULATION 3 (k) “peace officer” includes the Registrar or another person authorized under the Act to seize a vehicle; (l) “physical address” means the location of a person’s residence in Alberta as shown in the records of the Registrar, at which the person can be personally served with documents under the Act; (m) “Registrar” means Registrar as defined in the Act; (n) “remove” includes i mpound, take or store; (o) “seize” includes i mmobilize or detain; (p) “seizure costs” means the co sts referred to in

section 63 of the Act; (q) “vehicle impoundment area” means the location at which a seized or removed vehicle is kept during the term of the seizure or removal.

(2) For the purposes of

section 77 of the Act and this Regulation, “worthless”, in respect of a vehicle, means a vehicle that is unlikely to have such value on resale as will allow for the full recovery of seizure costs and disposal costs likely to be incurred in the removal and storage of the vehicle. AR 251/2006 s1;170/2012;225/2020;216/2022 Designated program 2 For the purposes of

section 173.1 of the Act, the Minister of Public Safety and Emergency Services may (

a) designate a program of a lternative measures authorized under

section 717(1)(

a) of the Criminal Code (Canada), and (

b) set a period of time within which the designated program must be completed. AR 251/2006 s2;170/2012;9/2023 Signature of peace officer 3 A peace officer who issues a notice under this Regulation must sign the notice. Service of notice 4(1) In this section, “Director” means Director as defined in the Provincial Administrative Penalties Act.

Section 5 AR 251/2006 VEHICLE SEIZURE AND REMOVAL REGULATION 4

(2) A notice and any other document issued under this Regulation may be served on the owner of a vehicle by sending the notice by ordinary mail to the owner at the latest physical or postal address for that person as shown in the records of the Registrar.

(3) In addition to the methods for service specified in

section 6 of the Act and subsection (2), a notice and any other document issued under this Regulation may be served on a person by (

a) being transmitted by electro nic means to an email or other electronic address provided by the person to the officer who issued the notice, or (

b) being sent by ordinary mail to the latest address of the person as shown in the records of an official in another jurisdiction who performs a function in that jurisdiction that is similar to the function of the Registrar.

(4) A person who serves a notice or any other document issued under this Regulation shall complete and file with the Registrar or the Director a certificate of service, in a form satisfactory to the Registrar or the Director, attesting to the mailing or transmission, the date of mailing or transmission and the address to which the notice or document was mailed or transmitted.

(5) The Registrar or the Director, on application by a peace officer, and on being satisfied that service cannot be made effectively on a recipient by a method provided for in this section, may order another method of service and the order may provide for the circumstances in which that service is deemed to be effective. AR 251/2006 s3;225/2020

Part 1 Abandoned and Immobilized Vehicles Abandoned vehicle notice 5(1) A peace officer who has reason to believe that a vehicle is an abandoned vehicle may attach an abandoned vehicle notice to the vehicle.

(2) An abandoned vehicle notice must include (

a) the date and time the notice is issued, (

b) the location of the vehicle when the notice is issued, and (

c) a statement to the effect t hat the vehicle will be removed if it is still at that location in 72 hours.

Section 6 AR 251/2006 VEHICLE SEIZURE AND REMOVAL REGULATION 5

(3) If a vehicle to which a notice is attached under subsection (1) is at the same location 72 hours after the time the notice is attached to the vehicle, a peace officer may remove the vehicle without issuing a notice of seizure or removal. Immobilization notice 6(1) A peace officer who immobilizes a vehicle under

section 88, 88.01, 88.03, 88.1, 141, 171, 172, 172.1, 173 or 173.1 of the Act, but does not remove the vehicle, must issue an immobilization notice that includes the following: (

a) the name and physical or postal address of the person who is driving the vehicle at the time it is immobilized; (

b) if the driver of the vehicle is not the owner of the vehic le, the name and physical or postal address of the owner; (

c) the date and time o f the immobilization; (

d) the date and time at which the immobilization expires; (

e) the

section of the Act under which the immobilization is authorized; (

f) the conditions under whi ch the immobilization ends.

(2) A peace officer who immobilizes a vehicle under subsection (1) must (

a) serve a copy of the immobilization notice on the driver at the time of the immobilization, (

b) serve a copy of the immobilization notice on the owner of the vehicle if the driver is not the owner, (

c) where the vehicle is immob ilized under

section 88, 88.01, 88.03, 88.1, 172.1 or 173 of the Act, provide a copy of the immobilization notice to the Registrar, and (

d) where the vehicle is immobilized under

section 173.1 of the Act, provide a copy of the immobilization notice to the designated official.

(2.1) Non-compliance with the notice and service provisions under this

section does not invalidate the immobilization of a vehicle under

section 172.1 of the Act. (2.2) Subsection (2)(

a) does not apply where the vehicle has been stolen or the driver is otherwise in unlawful possession of the vehicle.

Section 7 AR 251/2006 VEHICLE SEIZURE AND REMOVAL REGULATION 6

(3) A peace officer may remove a vehicle immobilized in accordance with subsections (1) and (2) without issuing a notice of seizure or removal if the conditions referred to in subsection (1)(

f) are not met within the time required.

(4) This

section does not apply where a vehicle has been seized or immobilized under

section 173.1 of the Act and is released by a peace officer in accordance with

section 173.1(2) of the Act.

(5) With respect to an immobilization of a motor vehicle pursuant to

section 88, 88.01, 88.03 or 88.1 of the Act, the requirements of subsection (1) are met if the notice of administrative penalty issued under the Provincial Administrative Penalties Act with respect to a contravention of one of those sections contains the information set out in subsection (1). AR 251/2006 s6;102/2012;225/2020

Part 2 Seizure and Removal Seizure notice 7(1) A peace officer who seizes or removes a vehicle under

section 69(7), 77, 88, 88.01, 88.03, 88.1, 127, 141, 142, 170, 171, 172, 172.1, 173 or 173.1 of the Act must issue a notice of seizure or removal that includes the following: (

a) the name and physical or postal address of the person who is driving the vehicle at the time it is seized or removed; (

b) if the driver of the vehicle is not the owner of the vehic le, the name and physical or postal address of the owner of the vehicle; (

c) the date and time of the seizure or removal; (

d) the

section of the Act under which the seizure or removal is authorized; (

e) if the vehicle is to be kep t at a vehicle impoundment area, the area’s location and the name of the area’s operator; (

f) the date and time at which the seizure of the vehicle expires; (

g) subject to clause (g.1), a s tatement to the effect that the vehicle may be disposed of by the Registrar under

section 18(1) if it is not claimed within 15 days after it is eligible to be reclaimed under

section 15;

Section 7 AR 251/2006 VEHICLE SEIZURE AND REMOVAL REGULATION 7 (g.1) where the vehicle is seized or removed under

section 88, 88.01, 88.03, 88.1 or 172.1 of the Act, a statement to the effect that the vehicle may be disposed of by the Registrar under

section 18(1) if it is not claimed within 30 days after it is eligible to be reclaimed under

section 15; (

h) for a vehicle that has be en seized or immobilized under

section 173.1 of the Act, a statement to the effect that upon conviction the vehicle will be forfeited for disposal, subject to any security interest registered under the Personal Property Security Act before the seizure or immobilization, as directed by the Registrar.

(2) A peace officer who seizes or removes a vehicle under

section 69(7), 77, 88, 88.01, 88.03, 88.1, 127, 141, 142, 170, 171, 172, 172.1, 173 or 173.1 of the Act must (

a) where the vehicle is to be kept at a vehicle impoundment area, give the driver of the vehicle the area’s location and the name of the area’s operator, (

b) serve a copy of the notice of seizure or removal on the driver, if any, at the time of the seizure or removal, (

c) serve a copy of the notice of seizure or removal on the owner of the vehicle if the person driving the vehicle is not the owner, (

d) give a copy of th e notice of seizure or removal to the tow truck operator who removes or otherwise accepts responsibility for the seized or removed vehicle at the direction of the peace officer, (

e) provide a copy of the notice of seizure or removal to the operator of the vehicle impoundment area who is to keep the seized or removed vehicle, (

f) where the vehicle is seized or removed under

section 88, 88.01, 88.03, 88.1, 172.1 or 173 of the Act, provide a copy of the notice of seizure or removal to the Registrar, and (

g) where the vehicle is seized or removed under

section 88, 88.01, 88.03, 88.1, 172.1 or 173.1 of the Act, provide a copy of the notice of seizure or removal to the designated official.

(2.1) Non-compliance with the notice and service provisions under this

section does not invalidate the seizure or removal of a vehicle under

section 88, 88.01, 88.03, 88.1 or 172.1 of the Act.

Section 8 AR 251/2006 VEHICLE SEIZURE AND REMOVAL REGULATION 8 (2.2) Subsection (2)(

a) and (

b) do not apply where the vehicle has been stolen or the driver is otherwise in unlawful possession of the vehicle.

(3) This

section does not apply where a vehicle has been seized or immobilized under

section 173.1 of the Act and is released by a peace officer in accordance with

section 173.1(2) of the Act.

(4) With respect to a seizure of a motor vehicle pursuant to

section 88, 88.01, 88.03 or 88.1 of the Act, the requirements of subsection (1) are met if the notice of administrative penalty issued under the Provincial Administrative Penalties Act with respect to a contravention of one of those sections contains the information set out in subsection (1). AR 251/2006 s7;102/2012;225/2020;158/2025 Authorization to impound 8(1) A peace officer may authorize a tow truck operator to transport a seized or removed vehicle to a vehicle impoundment area.

(2) A peace officer may authorize a vehicle impoundment area operator to hold a seized or removed vehicle until directed to take further action as may be authorized by the Registrar, peace officer, designated official or in accordance with this Regulation.

(3) The tow truck operator who removes a vehicle under a notice of seizure or removal must give the copy of the notice of seizure or removal to the operator of the vehicle impoundment area where the vehicle is kept, if the tow truck operator is not the operator of the vehicle impoundment area. Operator of a vehicle impoundment area 9 An operator of a vehicle impoundment area must not release a vehicle that has been seized or removed unless (

a) in the case of a vehicle th at has been seized or removed under

section 69(7), 77, 88, 88.01, 88.03, 88.1, 127, 141, 142, 170, 171, 172, 172.1 or 173 of the Act, the term of the seizure expires or the Registrar rescinds the seizure, (

b) in the case of a vehicle th at has been seized under

section 173.1 of the Act, (

i) the peace officer releases the vehicle in accordance with

section 173.1 of the Act, or (ii) the vehicle is forfe ited to the Government in accordance with

section 173.1(3) of the Act,

Section 10 AR 251/2006 VEHICLE SEIZURE AND REMOVAL REGULATION 9 (

c) the operator is satisfied (

i) that the person claim ing the seized or removed vehicle is entitled to take possession of the vehicle, and (ii) that the vehicle will be t ransported from the vehicle impoundment area in a manner consistent with the Act and Regulations, (

d) subject to a dir ection of the Registrar or the peace officer, as appropriate, the seizure costs incurred in respect of the seized or removed vehicle are paid, (

e) the vehicle is reclaimed w ithin the times specified under

section 15, and (

f) all other conditions imp osed by the Registrar, peace officer or Court have been fulfilled. AR 251/2006 s9;102/2012;225/2020 When owner may apply for release of vehicle 10(1) The owner of a motor vehicle seized and impounded or immobilized pursuant to

section 173.1 of the Act may make an application in a form approved by the Minister for release of the vehicle by depositing with the designated official (

a) cash, a certified cheque or a money order payable to the President of Treasury Board and Minister of Finance in an amount equal to the fair market value of the vehicle as determined by the designated official, or (

b) an irrevocable letter of credit payable to the President o f Treasury Board and Minister of Finance in an amount equal to the fair market value of the vehicle as determined by the designated official.

(2) On receiving an application and deposit pursuant to subsection (1), the designated official may authorize the release of the vehicle to the owner or to a person authorized by the owner, subject to the payment of the seizure costs and disposal costs in respect of the vehicle to the operator of the vehicle impoundment area. AR 251/2006 s10;68/2008;31/2012;62/2013 Application by driver for review of seizure of motor vehicle 11(1) The grounds on which a review may be requested under

section 35(1) of the Act with respect to a seizure under

section 173 of the Act are one or more of the following:

Section 11.1 AR 251/2006 VEHICLE SEIZURE AND REMOVAL REGULATION 10 (

a) that the person driving the motor vehicle when it was seized was an unauthorized driver under

section 94 of the Act or was prohibited from driving under

section 94.1 of the Act who did not know and could not reasonably have known that the person was an unauthorized driver under

section 94 of the Act or was prohibited from driving under

section 94.1 of the Act; (

b) that the person driving the motor vehicle when it was seized was not an unauthorized driver under

section 94 of the Act or was not prohibited from driving under

section 94.1 of the Act; (

c) that the person driving the motor vehicle when it was seized had not previously been charged with an offence under

section 94 or 94.1 of the Act, or was not driving the same motor vehicle at the time the person had been previously charged under

section 94 or 94.1 of the Act.

(2) Where a person requesting the review satisfies the Registrar that subsection (1)(

c) applies, the Registrar shall substitute the seizure period imposed under

section 173(3)(

f) or (

g) of the Act with the seizure period imposed under

section 173(2)(

a) or (

b) of the Act.

(3) The grounds on which a review may be requested with respect to a seizure of a vehicle under

section 172.1 of the Act related to a charge under

section 130 of the National Defence Act (Canada) by reason of a person contravening

section 320.14 or 320.15 of the Criminal Code (Canada) are that the driver of the vehicle has not been charged with an offence under

section 130 of the National Defence Act (Canada) by reason of the driver contravening

section 320.14 or 320.15 of the Criminal Code (Canada). AR 251/2006 s11;225/2020 Application for relief from seizure for affected persons 11.1(1) In this

section and

section 11.3, “affected person” means the registered owner of a motor vehicle.

(2) In subsection (4), (a) “individual with significant control” has the meaning of that term in subsection 2.1(1) of the

Canada Business Corporations Act (Canada); (b) “joint ownership or control ” has the meaning of that term in subsection 2.1(2) of the

Canada Business Corporations Act (Canada);

Section 11.1 AR 251/2006 VEHICLE SEIZURE AND REMOVAL REGULATION 11 (c) “significant number of shares” has the meaning of that term in subsection 2.1(3) of the

Canada Business Corporations Act (Canada).

(3) The grounds on which an affected person may apply under

section 36(2) of the Act for relief from seizure of the affected person’s motor vehicle with respect to a seizure under

section 88, 88.01, 88.03, 88.1, 94, 94.1, 172.1, 173 or 173.1 of the Act are one or more of the following: (

a) that the affected person wa s not driving the motor vehicle when it was seized and the motor vehicle was not driven with the express or implied consent of the affected person; (

b) that the affected person wa s not driving the motor vehicle when it was seized, and could not reasonably have known that the motor vehicle was being driven in the course of committing a contravention under

section 88, 88.01, 88.03, 88.1, 94, 94.1, 172.1, 173 or 173.1 of the Act.

(4) For the purposes of relief based on grounds set out in subsection (3)(b), the following apply: (

a) in a case where the moto r vehicle concerned is a commercial vehicle and the driver is a person who is driving for a carrier who is the owner of the commercial vehicle, the affected person must produce a driver’s abstract for the driver which is dated not more than one year before the date on which the driving occurred; (

b) in a case where the affected person has rented the vehicle to the driver, by agreement in the ordinary course of the owner’s business, the affected person must produce a rental agreement that (

i) was issued in the name of the person driving the motor vehicle, and (ii) clearly indicates the terms and conditions prohibiting the conduct described in sections 88, 88.01, 88.03, 88.1, 94, 94.1, 172.1, 173 and 173.1 of the Act; (

c) in all cases, the affected p erson must establish that, before driving the motor vehicle, the person driving the motor vehicle showed the affected person an operator’s licence that (

i) was issued in the name of the person driving the motor vehicle,

Section 11.2 AR 251/2006 VEHICLE SEIZURE AND REMOVAL REGULATION 12 (ii) was the appropriate cla ss of licence for the motor vehicle concerned, and (iii) had not expired as of th e date on which the driving occurred; (

d) in all cases, the affected person must establish that the affected person (

i) is not part of the driver’s household, (ii) does not own the motor vehicle for the benefit of the driver, and (iii) is a not a corporation (

A) in which the driver has joint ownership or control, (

B) in which the driver own s a significant number of shares, or (

C) over which the driver is an individual with significant control; (

e) in all cases, the affected person must establish that the driver is not a registered owner of the motor vehicle. AR 225/2020 s7;219/2021 Method of and fee for review of seizure or consideration of application for relief from seizure 11.2(1) A review under

section 35(1) of the Act or the consideration of an application for relief under

section 36(2) of the Act may only be conducted in writing.

(2) The fee payable (

a) for a review under

section 35(1) of the Act is $150, and (

b) for the consideration of an application for relief under

section 36(2) of the Act is $50. AR 225/2020 s7 Fees to cover merchant fees 11.3 Where (

a) a driver uses a credit card, or any other form of payment that subjects the receiver of the payment to merchant fees, to pay a fee under

section 11.2(2)(

a) for requesting a review, or

Section 12 AR 251/2006 VEHICLE SEIZURE AND REMOVAL REGULATION 13 (

b) an affected person uses a c redit card, or any other form of payment that subjects the receiver of the payment to merchant fees, to pay a fee under

section 11.2(2)(

b) for requesting relief, the Registrar may require the driver or the affected person to pay a service charge in an amount to be determined by the Registrar. AR 251/2006 s11;102/2012;29/2018;225/2020 Rescission of seizure 12(1) The Registrar may rescind the seizure of a vehicle or vary the term of the seizure if it is satisfied that one of the grounds on which an appeal may be made under

section 11 in respect of that seizure exists.

(2) Repealed AR 225/2020 s8. AR 251/2006 s12;225/2020

Part 3 Effect of Seizure Application 13(1) This Part applies to a vehicle that is seized or removed under

section 69(7), 77, 88, 88.01, 88.03, 88.1, 141, 172, 172.1, 173 or 173.1 of the Act.

(2) This Part applies to seizure costs that occur after a court orders the release of a vehicle seized or removed under

section 127, 142 or 170 of the Act.

(3) If a court orders the owner of a vehicle to pay seizure costs respecting a vehicle seized or removed under

section 127, 142 or 170 of the Act, this Part and

Part 4 apply to the costs. AR 251/2006 s13;102/2012;225/2020 Seizure costs and disposal costs 14 Seizure costs and disposal costs payable with respect to a seized or removed vehicle are a debt owing to the Crown by the owner of the vehicle in the records of the Registrar or by a subsequent owner. Reclaiming a vehicle 15(1) An owner of a vehicle that has been abandoned or that has been immobilized, seized or removed by a peace officer under

section 69(7), 77, 88, 88.01, 88.03, 88.1, 127, 141, 142, 170, 171,

Section 16 AR 251/2006 VEHICLE SEIZURE AND REMOVAL REGULATION 14 172, 173 or 173.1 of the Act may reclaim a vehicle from the vehicle impoundment area operator within 15 days of the following: (

a) for an abandoned vehicle, from the date and time the vehicle is removed by a peace officer; (

b) for an immobilized vehicle, from the date and time the immobilization expires as stated in the immobilization notice issued under

section 6; (

c) for a vehicle seized under

section 7, from the date and time that the seizure expires as stated in the notice of seizure or removal issued under

section 7; (

d) for a removed vehicle, from the date and time of removal as stated in the notice of seizure or removal issued under

section 7; (

e) for a vehicle seized under

section 173.1 of the Act, from the date the vehicle is eligible to be released from seizure under

section 20(3).

(2) An owner of a vehicle that has been has been immobilized, seized or removed by a peace officer under

section 172.1 of the Act may reclaim a vehicle from the vehicle impoundment area operator within 30 days of the following: (

a) for an immobilized vehicle, from the date and time the immobilization expires as stated in the immobilization notice issued under

section 6; (

b) for a seized vehicle, from the date and time that the seizure expires as stated in the notice of seizure or removal issued under

section 7; (

c) for a removed veh icle, from the date and time of removal as stated in the notice of seizure or removal issued under

section 7. AR 251/2006 s15;102/2012;225/2020 Vehicle deemed abandoned 16(1) A vehicle that is not reclaimed by its owner in accordance with this Regulation is deemed abandoned.

(2) When a vehicle is deemed abandoned, the Registrar must issue a notice of disposal to the owner of the vehicle that includes (

a) the name and physical or postal address of the owner, (

b) the date and time the notice of disposal is issued,

Section 17 AR 251/2006 VEHICLE SEIZURE AND REMOVAL REGULATION 15 (

c) the location of the vehicle impoundment area where the vehicle may be claimed by the owner and the name of the operator of the vehicle impoundment area, (

d) a statement to the effect t hat the owner is liable for the seizure costs and disposal costs, and (

e) a statement to the effect t hat the vehicle will be disposed of by the Registrar without further notification 15 days after the date the notice of disposal is issued unless (

i) the vehicle is claimed from the location, and (ii) all seizure costs are paid.

Part 4 Disposal of Vehicles Definition 17 In this Part, “vehicle” includes a wrecked or partially dismantled vehicle or a part of a vehicle. Disposal of vehicle 18(1) The Registrar may dispose of a vehicle (

a) that is forfeited to the Government under

section 173.1 of the Act, or (

b) that is deemed abandoned under

section 16 if (

i) the vehicle is subject to seizure costs, and (ii) the vehicle is not clai med by the owner within 15 days after the date the notice of disposal is issued.

(2) The Registrar must give written notice of the proposed disposal to the holders of security interests registered in respect of the vehicle at the Personal Property Registry before the seizure or immobilization under the Personal Property Security Act.

(3) The proceeds of disposition must be distributed in the following order: (

a) to pay the seizure costs and disposal costs of the vehicle ; (

b) to pay the amounts owing to holders of security interests under the Personal Property Security Act; (

c) to pay any remaining money to the Administrator.

Section 19 AR 251/2006 VEHICLE SEIZURE AND REMOVAL REGULATION 16 Disposal of worthless vehicle 19(1) Subject to subsection (2), if the Registrar, peace officer or another person authorized by the Registrar believes on reasonable and probable grounds that a vehicle under

section 77 of the Act is worthless, the Registrar, a peace officer or another person authorized by the Registrar may cause the vehicle to be moved to a salvage yard or municipal dump for disposal.

(2) When a vehicle that is to be disposed of under this

section does not have a manufacturer’s serial number or similar identifying mark or a special identification number or mark authorized under the Act, the vehicle may be moved to a salvage yard or municipal dump for disposal by a peace officer or another person authorized by the Registrar only with the authorization issued by the Registrar certifying that a worthless abandoned vehicle may be transported to a salvage yard or municipal dump. Vehicle forfeiture 20(1) When a person who is in a motor vehicle at the time it is seized under

section 173.1 of the Act is convicted of an offence referred to in that section, (

a) if the owner of the vehicle has deposited money or an irrevocable letter of credit under

section 10, the money or irrevocable letter of credit is forfeited to the Government, or (

b) if at the time of the conviction the vehicle remains under seizure in a vehicle impoundment area and has not been released or disposed of, the vehicle is forfeited to the Government subject to any security interests registered under the Personal Property Security Act prior to the date the vehicle was seized.

(2) When a vehicle is forfeited to the Government under subsection (1)(a), the entire interest in the vehicle is deemed to be transferred to the Government.

(3) When no person is convicted of an offence under

section 173.1 of the Act, the peace officer must (

a) if the vehicle remains under seizure in a vehicle impoundment area and has not been released or disposed of, release the vehicle to the owner, or (

b) if the owner of the vehicle has deposited money or an irrevocable letter of credit under

section 10, return the money or irrevocable letter of credit to the owner.

Section 21 AR 251/2006 VEHICLE SEIZURE AND REMOVAL REGULATION 17 Claim to remaining money 21(1) If, within one year of the disposal of a vehicle under the Act, a person proves to the satisfaction of the Administrator that the person is entitled to all or part of the money referred to in

section 18(3)(c), the Administrator must pay that person an amount in accordance with the claim.

(2) An amount paid under subsection (1) must not be more than the amount referred to in

section 18(3)(c). Seizure costs 22(1) If the money from the disposal of a vehicle is not enough to cover the seizure costs and disposal costs, the person authorized to remove and store the vehicle may apply to the Administrator for payment of the outstanding amount, and the Administrator, on being satisfied that the claim is proper, may order payment to be made.

(2) A payment under subsection (1) is subject to the limitations prescribed under the Motor Vehicle Accident Claims Act. Registrar’s powers 23 If seizure costs with respect to a vehicle that is removed or seized under the Act are not paid in full, or if the Crown does not receive all the seizure costs from the disposal of the vehicle, the Registrar may (

a) suspend the registration of all vehicles registered in the name of the debtor, (

b) refuse to perform any fun ction or service or to issue, renew or otherwise deal with any motor vehicle document or other document in respect of the debtor until the debt is paid, or (

c) refuse to register a vehicl e in the name of the new owner if the ownership of a registered vehicle passes directly or through intermediary owners from the person who owes the debt. Title to vehicle 24 A person who disposes of a vehicle under the authority of the Registrar passes good title to the vehicle as against the person from whom it was seized or removed or anyone claiming through that person.

Section 25 AR 251/2006 VEHICLE SEIZURE AND REMOVAL REGULATION 18 Personal property 25(1) Subject to subsection (3), where personal property, within the meaning of

section 175 of the Act, is not reclaimed, it must be retained by the vehicle impoundment area operator for at least 15 days from the date the notice of disposal is issued.

(2) If personal property is not reclaimed in accordance with subsection (1), (

a) if the vehicle impound ment area operator is a municipality, the personal property may be disposed of by the municipality in accordance with

section 610 of the Municipal Government Act, and (

b) if the vehicle impoundment area operator is not a municipality, the personal property may be disposed of by the Registrar in such a manner as the Registrar sees fit.

(3) The vehicle impoundment area operator may dispose of personal property at any time if, in the opinion of the vehicle impoundment area operator, the property is unsafe, unsanitary or perishable. Proceeds of sale 26 Proceeds realized from the sale of a forfeited vehicle must be used (

a) to pay the seizure costs and disposal costs of the vehicle , (

b) to pay the amounts owing to holders of security interests under the Personal Property Security Act, and (

c) to pay any remaining money to the Administrator.

Part 5 General Transitional 27 A vehicle seized, removed or immobilized before the coming into force of this Regulation shall be dealt with under the Vehicle Seizure and Removal Regulation (AR 323/2002) as it read immediately before the coming into force of this Regulation. Repeal 28 The Vehicle Seizure and Removal Regulation (AR 323/2002) is repealed.

Section 30 AR 251/2006 VEHICLE SEIZURE AND REMOVAL REGULATION 19 29 Repealed AR 67/2017 s2. Coming into force 30 This Regulation comes into force on the coming into force of

section 173.1 of the Traffic Safety Act.

Printed on Recycled Paper *9780779856930*

Document details

Collection	Alberta — Regulations
Citation	Alta. Reg. 251/2006
Type	regulation
Volume / chapter	2006 251
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	a3e153149bd600248ffbb8adf12f2bdefefc5905

Source file is stored in the law ingest library (pdf).