BILL NO. 8

(as introduced)

2nd Session, 58th General Assembly
Nova Scotia
50 Elizabeth II, 2001

Government Bill

Motor Vehicle Act
(amended)

The Honourable Michael G. Baker, Q.C.
Minister of Justice

First Reading: March 26, 2001

(Explanatory Note)

Second Reading:

Third Reading:

This Bill provides that where a municipality has passed a by-law dealing with the seizure and forfeiture of a motor vehicle involved in the commission of a prostitution-related offence, a peace officer may detain a motor vehicle if the peace officer is satisfied that the vehicle was 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).

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 274 the following Section:

274A Sections 275 and 276 do not apply with respect to a motor vehicle seized, impounded or taken into custody under a by-law passed by a municipality pursuant to Section 291E.

2 Chapter 293 is further amended by adding immediately after Section 291D the following heading and Section:

SEIZURE AND FORFEITURE OF VEHICLES
IN PROSTITUTION-RELATED OFFENCES

291E (1) The purpose of this Section is to enable a municipality to enact by-laws to manage the traffic hazards and public nuisance caused by prostitution within a municipality.

(2) Subject to subsection (4), a municipality, as defined in the Municipal Government Act, may enact a by-law dealing with the seizure and forfeiture of a motor vehicle involved in the commission of a prostitution-related offence.

(3) Where a municipality enacts a by-law referred to in subsection (2), a peace officer, if 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), may 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).

(4) A by-law referred to in subsection (2) shall include

(a) procedures for the detention and impounding of a motor vehicle, including provisions requiring the owner of the motor vehicle to pay the costs of the detention and impounding;

(b) procedures for the return of personal property found in a motor vehicle detained or impounded by a peace officer that is not required for a prosecution;

(c) procedures for the release of a motor vehicle to the owner where

(i) the vehicle is stolen,

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

(iii) the owner could not reasonably have known that the vehicle was being operated in the course of committing an offence referred to in subsection (3);

(d) procedures for an application to a justice of the peace for the release of a motor vehicle to the owner where the owner is not charged with an offence, including any fees to be paid by the owner;

(e) procedures for an application to a justice of the peace for an order releasing the motor vehicle to its owner upon payment of money or security;

(f) procedures for an application to a justice of the peace for the release of a motor vehicle to the owner where the owner is found not guilty of an offence referred to in subsection (3);

(g) procedures for an application to a justice of the peace for the release of a motor vehicle where the costs and charges related to the detention of the motor vehicle will or could amount to more than the value of the vehicle or the value of the interest of the owner of the vehicle, whichever is less;

(h) matters that may be considered by a justice of the peace in relation to an application pursuant to the by-law;

(i) procedures for the forfeiture of a motor vehicle where the owner of the vehicle is convicted of an offence referred to in subsection (3);

(j) a provision that service of an order or notice under the by-law on the driver of the motor vehicle is deemed to be service on and sufficient notice to the owner of the vehicle and, where there is an operator, the operator of the vehicle;

(k) provisions respecting the release of a motor vehicle by the person who operates the impound facility, including the payment of costs to that person; and

(l) a provision that costs incurred by the municipality in the detention, storing or disposing of a motor vehicle pursuant to the by-law are a debt due to the municipality that may be recovered by the municipality in a court of competent jurisdiction.