Acts and Regulations

2012, c.117 - Trespass Act

Section 14
Disposition versions

Full text
Forfeiture of motor vehicle
14(1)If a person is convicted of a second or subsequent offence under this Act by means of a motor vehicle in relation to the same land, the court may, on application by counsel for the Attorney General, order that the motor vehicle be seized and forfeited to the Crown, and on the order being made, the motor vehicle is immediately forfeited to the Crown.
14(2)If a motor vehicle is forfeited to the Crown under subsection (1), any person, other than a person who was convicted of the offence, who claims an interest in the motor vehicle as owner, mortgagee, lienholder or holder of any like interest may, within 30 days after the date of the forfeiture, apply to a judge of The Court of King’s Bench of New Brunswick for an order under subsection (5).
14(3)The judge to whom an application is made under subsection (2) shall fix a day not more than 20 days after the date of filing of the application for the hearing of the application.
14(4)The applicant shall serve notice of the application and of the hearing on the Attorney General at least ten days before the day fixed for the hearing.
14(5)If, on the hearing of an application, it is made to appear to the satisfaction of the judge that the applicant is innocent of any complicity in the offence that resulted in the forfeiture and of any collusion in relation to that offence with the person who was convicted, the applicant is entitled to an order declaring that the applicant’s interest is not affected by the forfeiture and declaring the nature and extent of the applicant’s interest.
14(6)The applicant or the Attorney General may appeal an order made under subsection (5) and the procedure governing appeals from orders or judgments of a judge of The Court of King’s Bench of New Brunswick applies.
14(7)Subject to subsection (9), on application made to the Attorney General by any person who has obtained a final order under this section, the Attorney General shall
(a) direct that the motor vehicle to which the interest of the applicant relates be returned to the applicant, or
(b) direct that an amount equal to the extent of the interest of the applicant, as declared in the order, be paid to the applicant.
14(8)An application shall be made under subsection (7) not later than ten days after a final order is made under this section.
14(9)Before a motor vehicle seized and forfeited under this section is released, the expenses relating to the seizure and storage of the motor vehicle shall be paid by the applicant, unless the applicant is the owner of the motor vehicle and the motor vehicle, at the time of the offence leading to its forfeiture, had been taken or was being used without the applicant’s consent.
14(10)The applicant may, by action in a court of competent jurisdiction, recover the expenses relating to the seizure and storage of the motor vehicle under this Act from the person convicted of the offence.
14(11)The Attorney General may sell or otherwise dispose of the motor vehicle as the Attorney General sees fit if
(a) notice of an application made under subsection (2) has not been served on the Attorney General within the time prescribed in subsection (4),
(b) an application has been made under subsection (2) and dismissed and the time limited for appeal has expired, or
(c) an amount is to be paid under paragraph (7)(b).
1983, c.T-11.2, s.5; 1984, c.67, s.1; 2023, c.17, s.270; 2023, c.34, s.15
Forfeiture of motor vehicle
14(1)If a person is convicted of a second or subsequent offence under this Act by means of a motor vehicle in relation to the same land, the court may, on application by counsel for the Attorney General, order that the motor vehicle be seized and forfeited to the Crown, and on the order being made, the motor vehicle is immediately forfeited to the Crown.
14(2)If a motor vehicle is forfeited to the Crown under subsection (1), any person, other than a person who was convicted of the offence, who claims an interest in the motor vehicle as owner, mortgagee, lienholder or holder of any like interest may, within 30 days after the date of the forfeiture, apply to a judge of The Court of King’s Bench of New Brunswick for an order under subsection (5).
14(3)The judge to whom an application is made under subsection (2) shall fix a day not more than 20 days after the date of filing of the application for the hearing of the application.
14(4)The applicant shall serve notice of the application and of the hearing on the Attorney General at least ten days before the day fixed for the hearing.
14(5)If, on the hearing of an application, it is made to appear to the satisfaction of the judge that the applicant is innocent of any complicity in the offence that resulted in the forfeiture and of any collusion in relation to that offence with the person who was convicted, the applicant is entitled to an order declaring that the applicant’s interest is not affected by the forfeiture and declaring the nature and extent of the applicant’s interest.
14(6)The applicant or the Attorney General may appeal an order made under subsection (5) and the procedure governing appeals from orders or judgments of a judge of The Court of King’s Bench of New Brunswick applies.
14(7)Subject to subsection (9), on application made to the Attorney General by any person who has obtained a final order under this section, the Attorney General shall
(a) direct that the motor vehicle to which the interest of the applicant relates be returned to the applicant, or
(b) direct that an amount equal to the extent of the interest of the applicant, as declared in the order, be paid to the applicant.
14(8)An application shall be made under subsection (7) not later than ten days after a final order is made under this section.
14(9)Before a motor vehicle seized and forfeited under this section is released, the expenses relating to the seizure and storage of the motor vehicle shall be paid by the applicant, unless the applicant is the owner of the motor vehicle and the motor vehicle, at the time of the offence leading to its forfeiture, had been taken or was being used without the applicant’s consent.
14(10)The applicant may, by action in a court of competent jurisdiction, recover the expenses relating to the seizure and storage of the motor vehicle under this Act from the person convicted of the offence.
14(11)The Attorney General may sell or otherwise dispose of the motor vehicle as he or she sees fit if
(a) notice of an application made under subsection (2) has not been served on the Attorney General within the time prescribed in subsection (4),
(b) an application has been made under subsection (2) and dismissed and the time limited for appeal has expired, or
(c) an amount is to be paid under paragraph (7)(b).
1983, c.T-11.2, s.5; 1984, c.67, s.1; 2023, c.17, s.270
Forfeiture of motor vehicle
14(1)If a person is convicted of a second or subsequent offence under this Act by means of a motor vehicle in relation to the same land, the court may, on application by counsel for the Attorney General, order that the motor vehicle be seized and forfeited to the Crown, and on the order being made, the motor vehicle is immediately forfeited to the Crown.
14(2)If a motor vehicle is forfeited to the Crown under subsection (1), any person, other than a person who was convicted of the offence, who claims an interest in the motor vehicle as owner, mortgagee, lienholder or holder of any like interest may, within 30 days after the date of the forfeiture, apply to a judge of The Court of Queen’s Bench of New Brunswick for an order under subsection (5).
14(3)The judge to whom an application is made under subsection (2) shall fix a day not more than 20 days after the date of filing of the application for the hearing of the application.
14(4)The applicant shall serve notice of the application and of the hearing on the Attorney General at least ten days before the day fixed for the hearing.
14(5)If, on the hearing of an application, it is made to appear to the satisfaction of the judge that the applicant is innocent of any complicity in the offence that resulted in the forfeiture and of any collusion in relation to that offence with the person who was convicted, the applicant is entitled to an order declaring that the applicant’s interest is not affected by the forfeiture and declaring the nature and extent of the applicant’s interest.
14(6)The applicant or the Attorney General may appeal an order made under subsection (5) and the procedure governing appeals from orders or judgments of a judge of The Court of Queen’s Bench of New Brunswick applies.
14(7)Subject to subsection (9), on application made to the Attorney General by any person who has obtained a final order under this section, the Attorney General shall
(a) direct that the motor vehicle to which the interest of the applicant relates be returned to the applicant, or
(b) direct that an amount equal to the extent of the interest of the applicant, as declared in the order, be paid to the applicant.
14(8)An application shall be made under subsection (7) not later than ten days after a final order is made under this section.
14(9)Before a motor vehicle seized and forfeited under this section is released, the expenses relating to the seizure and storage of the motor vehicle shall be paid by the applicant, unless the applicant is the owner of the motor vehicle and the motor vehicle, at the time of the offence leading to its forfeiture, had been taken or was being used without the applicant’s consent.
14(10)The applicant may, by action in a court of competent jurisdiction, recover the expenses relating to the seizure and storage of the motor vehicle under this Act from the person convicted of the offence.
14(11)The Attorney General may sell or otherwise dispose of the motor vehicle as he or she sees fit if
(a) notice of an application made under subsection (2) has not been served on the Attorney General within the time prescribed in subsection (4),
(b) an application has been made under subsection (2) and dismissed and the time limited for appeal has expired, or
(c) an amount is to be paid under paragraph (7)(b).
1983, c.T-11.2, s.5; 1984, c.67, s.1
Forfeiture of motor vehicle
14(1)If a person is convicted of a second or subsequent offence under this Act by means of a motor vehicle in relation to the same land, the court may, on application by counsel for the Attorney General, order that the motor vehicle be seized and forfeited to the Crown, and on the order being made, the motor vehicle is immediately forfeited to the Crown.
14(2)If a motor vehicle is forfeited to the Crown under subsection (1), any person, other than a person who was convicted of the offence, who claims an interest in the motor vehicle as owner, mortgagee, lienholder or holder of any like interest may, within 30 days after the date of the forfeiture, apply to a judge of The Court of Queen’s Bench of New Brunswick for an order under subsection (5).
14(3)The judge to whom an application is made under subsection (2) shall fix a day not more than 20 days after the date of filing of the application for the hearing of the application.
14(4)The applicant shall serve notice of the application and of the hearing on the Attorney General at least ten days before the day fixed for the hearing.
14(5)If, on the hearing of an application, it is made to appear to the satisfaction of the judge that the applicant is innocent of any complicity in the offence that resulted in the forfeiture and of any collusion in relation to that offence with the person who was convicted, the applicant is entitled to an order declaring that the applicant’s interest is not affected by the forfeiture and declaring the nature and extent of the applicant’s interest.
14(6)The applicant or the Attorney General may appeal an order made under subsection (5) and the procedure governing appeals from orders or judgments of a judge of The Court of Queen’s Bench of New Brunswick applies.
14(7)Subject to subsection (9), on application made to the Attorney General by any person who has obtained a final order under this section, the Attorney General shall
(a) direct that the motor vehicle to which the interest of the applicant relates be returned to the applicant, or
(b) direct that an amount equal to the extent of the interest of the applicant, as declared in the order, be paid to the applicant.
14(8)An application shall be made under subsection (7) not later than ten days after a final order is made under this section.
14(9)Before a motor vehicle seized and forfeited under this section is released, the expenses relating to the seizure and storage of the motor vehicle shall be paid by the applicant, unless the applicant is the owner of the motor vehicle and the motor vehicle, at the time of the offence leading to its forfeiture, had been taken or was being used without the applicant’s consent.
14(10)The applicant may, by action in a court of competent jurisdiction, recover the expenses relating to the seizure and storage of the motor vehicle under this Act from the person convicted of the offence.
14(11)The Attorney General may sell or otherwise dispose of the motor vehicle as he or she sees fit if
(a) notice of an application made under subsection (2) has not been served on the Attorney General within the time prescribed in subsection (4),
(b) an application has been made under subsection (2) and dismissed and the time limited for appeal has expired, or
(c) an amount is to be paid under paragraph (7)(b).
1983, c.T-11.2, s.5; 1984, c.67, s.1