Bill 212 (Legislature 25, Session 2)

L25 S2 169

Alberta — Bills

2002 BILL 212 Second Session, 25th Legislature, 51 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 212 TRAFFIC SAFETY (SEIZURE OF VEHICLES IN PROSTITUTION RELATED OFFENCES) AMENDMENT ACT, 2002 MR. CENAIKO F i r s t R e a d i n g .................................... Second Reading .................................. C o m m i t t e e o f t h e W h o l e ........................... T h i r d R e a d i n g ................................... R o y a l A s s e n t ....................................

1 Bill 212 Mr. Cenaiko BILL 212 2002 TRAFFIC SAFETY (SEIZURE OF VEHICLES IN PROSTITUTION RELATED OFFENCES) AMENDMENT ACT, 2002 (Assented to , 2002) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Amends RSA 2000 cT-6 1 The Traffic Safety Act is amended by this Act. 2

Section 40 is amended (

a) in subsections (1) and (2) by adding “or 173.1” after “section 173”, (

b) by adding the following after subsection (2):

(3) In determining an appeal of a seizure or immobilization under

section 173.1, the Board shall order the release of the motor vehicle if the Board is satisfied that (

a) the owner could not reasonably have known that the vehicle was being operated in the course of committing an offence referred to in

section 173.1, (

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

c) it is the first time that the person has been convicted of an offence referred to in

section 173.1 and that person is eligible for, and consents to be dealt with by way of, a

2 program of alternative measures under

section 717(1)(

a) of the Criminal Code (Canada). 3

Section 64 is amended in clause (

k) by striking out “sections 172 and 173” and substituting “sections 172, 173 and 173.1”. 4

Section 77(1) is amended in clause (

i) by striking out “section 172 or 173” and substituting “section 172, 173 or 173.1”. 5

Section 170(8) is amended by adding “or 173.1” after “section 173”. 6 The following is added after

section 173: Seizure of vehicle in prostitution related offences 173.1(1) Where a person has been charged with an offence under

section 211, 212 or 213 of the Criminal Code (Canada), a peace officer, the Registrar or a person authorized by a peace officer or the Registrar shall seize or immobilize the motor vehicle that was being operated by that person at the time that the person was charged.

(2) Where a motor vehicle is seized or immobilized under subsection (1), a peace officer may release the vehicle to the registered owner if the officer is satisfied that (

a) the vehicle was stolen, or (

b) every person (

i) who was in the vehicle at the time it was seized, and (ii) who the peace officer had reasonable grounds to believe had committed an offence referred to in subsection (1), is eligible for, and consents to be dealt with by way of, a program of alternative measures authorized under

section

3 717(1)(

a) of the Criminal Code (Canada).

(3) Subject to subsection (2) and any decision of the Board in an appeal commenced pursuant to

section 40, when a person who is in a motor vehicle at the time it is seized or immobilized under subsection (1) is convicted of an offence referred to in that subsection, the vehicle is forfeited to the Government subject to any security interest registered under the Personal Property Security Act before the seizure or immobilization.

(4) If no person is convicted of an offence in respect of which a motor vehicle is seized under this section, the Registrar shall release the vehicle. 7 Sections 174 and 175 are amended by striking out “section 172 or 173” and substituting “section 172, 173 or 173.1”. 8 This Act comes into force on Proclamation.

1 Explanatory Notes Explanatory Notes 1 Amends

chapter T-6 of the Revised Statutes of Alberta, 2000. 2

Section 40 presently reads: 40(1) Subject to the regulations, where a person’s motor vehicle is seized or immobilized under

section 173, that person or another person who has an interest in that motor vehicle may appeal the seizure or immobilization to the Board.

(2) In determining an appeal commenced pursuant to this section, the Board may, subject to the regulations, confirm, vary or rescind the decision made or action taken under

section 173.

2 Explanatory Notes 3

Section 64 presently reads in part: 64 The Minister may make regulations (

k) governing the seizure and the immobilization of vehicles under sections 172 and 173 and appeals under

section 40; 4

Section 77(1) presently reads in part: 77(1) A peace officer may cause any vehicle to be removed and taken to and stored in a suitable place when the vehicle (

i) is seized under

section 172 or 173. 5

Section 170(8) presently reads:

(8) This

section does not apply in respect of a motor vehicle that is seized or immobilized under

section 173. 6 Seizure of vehicle in prostitution related offences.

3 Explanatory Notes 7 Sections 174 and 175 presently read: 174 Where (

a) a motor vehicle has been seized or immobilized under

section 172 or 173, (

b) the person driving the vehicle at the time of the seizure or immobilization was not the owner of the vehicle, and (

c) the owner of the vehicle incurs expenses in respect of the release of the vehicle, the owner of the motor vehicle may claim against the person who was driving the vehicle at the time of the seizure or immobilization any expenses incurred by the owner with respect to the release of the vehicle from the seizure or immobilization. 175(1) In this section, “personal property” means personal property other than personal property that is a part of a motor vehicle.

(2) Where personal property is in or on a motor vehicle that is seized or immobilized under

section 172 or 173, that personal property is not subject to the seizure or immobilization and, subject to the regulations, shall, on request, be returned to the person having claim to that personal property. 8 Coming into force. Title: 2002 (25th, 2nd) Bill 212, Traffic Safety (Seizure of Vehicles in Prostitution Related Offences) Amendment Act, 2002

Document details

Collection	Alberta — Bills
Citation	L25 S2 169
Type	bill
Volume / chapter	L25 S2 169
Language	en
Format	json
Source	PROVINCIAL
Identifier	fd08ef095f3e986a72df099320e1600435515cea

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