Highway Traffic Amendment Act (Impaired Driving), 1996
EXPLANATORY NOTES
The Bill amends the Highway Traffic Act to provide that a police officer may seize a motor vehicle, street car or motorized snow vehicle driven by a person whom the police officer believes is committing an impaired driving offence. The police officer is required to give a written acknowledgment of the seizure to both the driver and the owner.
If the driver is charged with an impaired driving offence and has previously been convicted of an impaired driving offence, the police officer may retain the seized vehicle until the charge is heard. In all other cases the police officer may retain the seized vehicle for a period not exceeding 90 days.
When the time period for retaining the seized vehicle has elapsed, the owner or the owner's agent is entitled to recover the vehicle unless the driver has previously been convicted of two or more impaired driving offences and had the vehicle without the owner's consent.
Bill1996
An Act to amend the Highway Traffic Act
with respect to Impaired Driving Offences
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Section 32 of the Highway Traffic Act, as amended by the Statutes of Ontario, 1993, chapter 40, section 2 and 1996, chapter 20, section 3, is further amended by adding the following subsection:
Impaired driving indication
(8.1) A driver's licence issued under subsection (5) to a person who has been convicted or found guilty of an offence under section 253 of the Criminal Code (Canada) or a provision that is enacted by a state of the United States of America and that is designated by the regulations shall include an indication of the conviction or the guilty finding, as the case may be.
2. The Act is amended by adding the following section:
Seizure
40.1 (1) A police officer who on reasonable and probable grounds believes that a person is committing an offence described in subsection (2) while driving or having the care, charge or control of a motor vehicle or street car within the meaning of this Act or a motorized snow vehicle within the meaning of the Motorized Snow Vehicles Act may seize the motor vehicle, the street car or the motorized snow vehicle, as the case may be.
Application
(2) Subsection (1) applies to an offence under section 253 of the Criminal Code (Canada) or a provision that is enacted by a state of the United States of America and that is designated by the regulations.
Duties of police officer
(3) A police officer who seizes a motor vehicle, street car or motorized snow vehicle under subsection (1) shall,
(a) make a written acknowledgment of the seizure setting out,
(i) the name and address of the driver of the motor vehicle, street car or motorized snow vehicle,
(ii) the year, make and serial number of the motor vehicle, street car or motorized snow vehicle,
(iii) the date and time of the seizure, and
(iv) the place where the motor vehicle, street car or motorized snow vehicle is being held;
(b) give the driver a copy of the acknowledgment;
(c) give the owner of the motor vehicle, street car or motorized snow vehicle a copy of the acknowledgment if the owner is present at the time of the seizure; and
(d) without delay send a copy of the acknowledgment to the owner of the motor vehicle, street car or motorized snow vehicle by mail addressed to the owner at the latest address of the owner appearing on the records of the Ministry if the owner is not present at the time of the seizure.
Release
(4) A police officer who seizes a motor vehicle, street car or motorized snow vehicle under subsection (1) shall release it to the owner or a person whom the owner authorizes to take possession of it if the police officer is satisfied on reasonable and probable grounds that the person driving or having the care, charge or control of it at the time of the seizure had possession of it without the owner's consent.
Retention
(5) Subject to subsection (8), the police officer who seizes a motor vehicle, street car or motorized snow vehicle under subsection (1) may retain it,
(a) until the person driving or having the care, charge or control of the motor vehicle, the street car or the motorized snow vehicle is convicted, found guilty or acquitted of an offence described in subsection (2) if the person is charged with the offence and has previously been convicted or found guilty of an offence described in that subsection; or
(b) for a period not exceeding 90 days in all other cases.
Costs
(6) The person driving or having the care, charge or control of the motor vehicle, the street car or the motorized snow vehicle shall pay the reasonable costs associated with seizing or retaining it under this section.
Return
(7) Subject to subsection (8), a police officer who seizes a motor vehicle, street car or motorized snow vehicle under subsection (1) shall, upon request, return it to the owner or aperson whom the owner authorizes to take possession of it upon the expiration of the time period for retaining it.
Forfeiture
(8) A motor vehicle, street car or motorized snow vehicle seized under subsection (1) is forfeited to the Crown if the person driving or having the care, charge or control of it has previously been convicted or found guilty of two or more offences described in subsection (2) unless the person driving or having the care, charge or control of it at the time of the seizure had possession of it without the owner's consent.
3. Subsection 42 (5) of the Act, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule, is amended by striking out "section 41" in the fourth and fifth lines and substituting "subsection 32 (8.1) and sections 40.1 and 41".
Commencement
4. This Act comes into force on the day it receives Royal Assent.
Short title
5. The short title of this Act is the Highway Traffic Amendment Act (Impaired Driving), 1996.