Acts and Regulations

M-17 - Motor Vehicle Act

Section 310.2
Disposition versions

Full text
Impoundment
310.2(1)A peace officer who detains and impounds a motor vehicle under subsection 140(1.4), 310.01(11) or (12), 310.02(11) or (11.1), 310.021(12) or (12.1), 310.04(7.1) or 345(3) shall
(a) prepare a notice identifying the motor vehicle that is to be impounded, the name and address of the driver, the date and time of the impoundment, the period of time for which the motor vehicle is to be impounded and the place where the vehicle may be recovered,
(b) serve a copy of the notice
(i) to the driver of the motor vehicle, if the period of impoundment is for seven days or less, and
(ii) to the owner of the motor vehicle, if the period of impoundment is for more than seven days, and
(c) provide a copy of the notice to the Registrar and to the impound facility where the motor vehicle will be impounded.
310.2(2)Service of a copy of a notice under subsection (1) on the driver of the motor vehicle is deemed to be service on and sufficient notice to the owner of the vehicle.
310.2(3)If the motor vehicle that is to be impounded contains goods, the peace officer may require the driver and any other person present who is in charge of the motor vehicle to surrender all documents in his or her possession or in the vehicle that relate to the operation of the vehicle or to the carriage of the goods and to furnish all information within that person’s knowledge relating to the details of the current trip and the ownership of the goods.
310.2(4)On being served with notice of the impoundment under subsection (1), the driver of the motor vehicle, the owner of the motor vehicle or a person authorized by the owner shall immediately remove a trailer or load that is being drawn by the motor vehicle from the motor vehicle.
310.2(5)If a peace officer is of the opinion that the driver or the owner of the motor vehicle has not made appropriate arrangements for the removal of a trailer or load, having regard to the nature of the goods, including the fact that they are or appear to be dangerous goods as that term is defined in the Transportation of Dangerous Goods Act or are perishable, the peace officer may cause the trailer or load to be removed, stored or otherwise disposed of at the cost and risk of the driver.
310.2(6)Any personal property that is left in the impounded motor vehicle and that is not attached to or used in connection with its operation shall, on request and proof of ownership, be made available, at reasonable times, to the owner of the property.
310.2(7)If a peace officer is of the opinion that the detention or impoundment of a motor vehicle jeopardizes the security of the driver and its passengers or would leave the driver and its passengers abandoned, the peace officer shall arrange for transportation of the occupants to the nearest safe area where they can summon an alternative mode of transportation.
310.2(8)The owner of the motor vehicle shall be responsible for the costs and charges resulting from the moving, detainment and impoundment of a motor vehicle under this section.
310.2(9)Subject to subsection (10), the person who operates the impound facility where a motor vehicle is impounded shall release the motor vehicle to its owner following the period referred to on the notice provided to him or her by the peace officer under subsection (1).
310.2(10)The person who operates the impound facility where a motor vehicle is impounded under this section is not required to release the motor vehicle until the removal and impound costs for the vehicle have been paid.
310.2(11)The costs incurred by the person who operates the impound facility where a motor vehicle is impounded under this section are a lien on the motor vehicle that may be enforced under the Storer’s Lien Act.
310.2(12)Despite subsection 4(1) of the Storer’s Lien Act, the person who operates the impound facility may not sell the motor vehicle that was impounded under this section until at least 30 days following the period referred to on the notice provided to him or her by the peace officer under subsection (1).
310.2(13)If a peace officer is satisfied that there are reasonable grounds to believe that a motor vehicle is a stolen vehicle, the impounded vehicle may be released on payment by the owner of the costs in relation to the impoundment under this section.
310.2(14)A person may apply to the Registrar under subsection (15) for the early release of the impounded motor vehicle if the person
(a) is the holder of a valid driver’s licence and is not prohibited from driving, and
(b) is the owner of the motor vehicle or a person authorized by the owner of the vehicle that was impounded under this Act, except under section 345, for a period of at least 30 days.
310.2(15)Within 15 days following the impoundment of a motor vehicle for a period of at least 30 days, a person referred to in subsection (14) may apply to the Registrar for the early release of the motor vehicle if
(a) the vehicle is used for the purposes of a sole proprietorship, a partnership or a company,
(b) the sole proprietorship, partnership or company has a reasonable prospect for generating income that is dependent on the vehicle, and
(c) the potential income dependent on the impounded vehicle represents a substantial proportion of the anticipated income to be earned by the sole proprietorship, partnership or company during the period of impoundment, or otherwise imposes an economic hardship on the owner.
310.2(16)A person referred to in subsection (14) shall
(a) apply for early release with the Registrar on a form provided by the Registrar,
(b) provide to the Registrar the information the Registrar considers necessary, and
(c) pay the fee prescribed by regulation.
310.2(17)If the Registrar is satisfied, with respect to an application, that the grounds set out in subsection (15) have been established, the Registrar may order the person who operates the impound facility where the motor vehicle is impounded, subject to the lien referred to in subsection (11), to release the motor vehicle to the applicant
(a) if the consent of the owner of the motor vehicle or the person authorized by the owner is given, and
(b) on receiving payment of the removal and impound costs.
310.2(18)A person may apply to the Registrar under subsection (19) for the early release of the impounded motor vehicle if the person
(a) is the holder of a valid driver’s licence and is not prohibited from driving, and
(b) lives with the owner of the motor vehicle at the time the vehicle is impounded under this Act, except under section 345, for a period of at least 30 days.
310.2(19)Within 15 days following the impoundment of a motor vehicle that was impounded for a period of at least 30 days, a person referred to in subsection (18) may apply to the Registrar for the early release of the motor vehicle on the grounds that
(a) the impoundment of the vehicle
(i) will cause the person to suffer a loss or curtailment of employment or educational opportunities, or
(ii) will prevent the person, or someone under the care of the person, from obtaining medical treatment, and
(b) the person has no reasonable alternative form of transportation, including public transportation, that would
(i) prevent the loss or curtailment referred to in subparagraph (a)(i), or
(ii) allow the medical treatment referred to in subparagraph (a)(ii).
310.2(20)A person referred to in subsection (18) shall
(a) apply for early release with the Registrar on a form provided by the Registrar,
(b) provide to the Registrar any information the Registrar considers necessary, and
(c) pay the fee prescribed by regulation.
310.2(21)If the Registrar is satisfied, with respect to an application, that the grounds set out in subsection (19) have been established, the Registrar may order the person who operates the impound facility where the motor vehicle is impounded, subject to the lien referred to in subsection (11), to release the motor vehicle to the applicant
(a) if the consent of the owner of the motor vehicle or the person authorized by the owner is given, and
(b) on receiving payment of the removal and impound costs.
310.2(22)The owner of a motor vehicle that is detained and impounded under subsection 140(1.4), 310.01(11) or (12), 310.02(11) or (11.1), 310.021(12) or (12.1), 310.04(7.1) or 345(3) may bring an action against the person who was the driver of the motor vehicle at the time the vehicle was detained to recover any costs or other losses incurred by the owner in connection with the impoundment.
310.2(23)There is no appeal from, or right to be heard before, the detention or impoundment of a motor vehicle under subsection 140(1.4), 310.01(11) or (12), 310.02(11) or (11.1), 310.021(12) or (12.1), 310.04(7.1) or 345(3).
310.2(24)The Lieutenant-Governor in Council may make regulations
(a) prescribing the fees under subsections (16) and (20);
(b) prescribing standards for the purposes of this section for those who operate impound facilities.
2016, c.8, s.22; 2018, c.13, s.6; 2023, c.8, s.1
Impoundment
310.2(1)A peace officer who detains and impounds a motor vehicle under subsection 310.01(11) or (12), 310.02(11) or (11.1), 310.021(12) or (12.1), 310.04(7.1) or 345(3) shall
(a) prepare a notice identifying the motor vehicle that is to be impounded, the name and address of the driver, the date and time of the impoundment, the period of time for which the motor vehicle is to be impounded and the place where the vehicle may be recovered,
(b) serve a copy of the notice
(i) to the driver of the motor vehicle, if the period of impoundment is for seven days or less, and
(ii) to the owner of the motor vehicle, if the period of impoundment is for more than seven days, and
(c) provide a copy of the notice to the Registrar and to the impound facility where the motor vehicle will be impounded.
310.2(2)Service of a copy of a notice under subsection (1) on the driver of the motor vehicle is deemed to be service on and sufficient notice to the owner of the vehicle.
310.2(3)If the motor vehicle that is to be impounded contains goods, the peace officer may require the driver and any other person present who is in charge of the motor vehicle to surrender all documents in his or her possession or in the vehicle that relate to the operation of the vehicle or to the carriage of the goods and to furnish all information within that person’s knowledge relating to the details of the current trip and the ownership of the goods.
310.2(4)On being served with notice of the impoundment under subsection (1), the driver of the motor vehicle, the owner of the motor vehicle or a person authorized by the owner shall immediately remove a trailer or load that is being drawn by the motor vehicle from the motor vehicle.
310.2(5)If a peace officer is of the opinion that the driver or the owner of the motor vehicle has not made appropriate arrangements for the removal of a trailer or load, having regard to the nature of the goods, including the fact that they are or appear to be dangerous goods as that term is defined in the Transportation of Dangerous Goods Act or are perishable, the peace officer may cause the trailer or load to be removed, stored or otherwise disposed of at the cost and risk of the driver.
310.2(6)Any personal property that is left in the impounded motor vehicle and that is not attached to or used in connection with its operation shall, on request and proof of ownership, be made available, at reasonable times, to the owner of the property.
310.2(7)If a peace officer is of the opinion that the detention or impoundment of a motor vehicle jeopardizes the security of the driver and its passengers or would leave the driver and its passengers abandoned, the peace officer shall arrange for transportation of the occupants to the nearest safe area where they can summon an alternative mode of transportation.
310.2(8)The owner of the motor vehicle shall be responsible for the costs and charges resulting from the moving, detainment and impoundment of a motor vehicle under this section.
310.2(9)Subject to subsection (10), the person who operates the impound facility where a motor vehicle is impounded shall release the motor vehicle to its owner following the period referred to on the notice provided to him or her by the peace officer under subsection (1).
310.2(10)The person who operates the impound facility where a motor vehicle is impounded under this section is not required to release the motor vehicle until the removal and impound costs for the vehicle have been paid.
310.2(11)The costs incurred by the person who operates the impound facility where a motor vehicle is impounded under this section are a lien on the motor vehicle that may be enforced under the Storer’s Lien Act.
310.2(12)Despite subsection 4(1) of the Storer’s Lien Act, the person who operates the impound facility may not sell the motor vehicle that was impounded under this section until at least 30 days following the period referred to on the notice provided to him or her by the peace officer under subsection (1).
310.2(13)If a peace officer is satisfied that there are reasonable grounds to believe that a motor vehicle is a stolen vehicle, the impounded vehicle may be released on payment by the owner of the costs in relation to the impoundment under this section.
310.2(14)A person may apply to the Registrar under subsection (15) for the early release of the impounded motor vehicle if the person
(a) is the holder of a valid driver’s licence and is not prohibited from driving, and
(b) is the owner of the motor vehicle or a person authorized by the owner of the vehicle that was impounded under this Act, except under section 345, for a period of at least 30 days.
310.2(15)Within 15 days following the impoundment of a motor vehicle for a period of at least 30 days, a person referred to in subsection (14) may apply to the Registrar for the early release of the motor vehicle if
(a) the vehicle is used for the purposes of a sole proprietorship, a partnership or a company,
(b) the sole proprietorship, partnership or company has a reasonable prospect for generating income that is dependent on the vehicle, and
(c) the potential income dependent on the impounded vehicle represents a substantial proportion of the anticipated income to be earned by the sole proprietorship, partnership or company during the period of impoundment, or otherwise imposes an economic hardship on the owner.
310.2(16)A person referred to in subsection (14) shall
(a) apply for early release with the Registrar on a form provided by the Registrar,
(b) provide to the Registrar the information the Registrar considers necessary, and
(c) pay the fee prescribed by regulation.
310.2(17)If the Registrar is satisfied, with respect to an application, that the grounds set out in subsection (15) have been established, the Registrar may order the person who operates the impound facility where the motor vehicle is impounded, subject to the lien referred to in subsection (11), to release the motor vehicle to the applicant
(a) if the consent of the owner of the motor vehicle or the person authorized by the owner is given, and
(b) on receiving payment of the removal and impound costs.
310.2(18)A person may apply to the Registrar under subsection (19) for the early release of the impounded motor vehicle if the person
(a) is the holder of a valid driver’s licence and is not prohibited from driving, and
(b) lives with the owner of the motor vehicle at the time the vehicle is impounded under this Act, except under section 345, for a period of at least 30 days.
310.2(19)Within 15 days following the impoundment of a motor vehicle that was impounded for a period of at least 30 days, a person referred to in subsection (18) may apply to the Registrar for the early release of the motor vehicle on the grounds that
(a) the impoundment of the vehicle
(i) will cause the person to suffer a loss or curtailment of employment or educational opportunities, or
(ii) will prevent the person, or someone under the care of the person, from obtaining medical treatment, and
(b) the person has no reasonable alternative form of transportation, including public transportation, that would
(i) prevent the loss or curtailment referred to in subparagraph (a)(i), or
(ii) allow the medical treatment referred to in subparagraph (a)(ii).
310.2(20)A person referred to in subsection (18) shall
(a) apply for early release with the Registrar on a form provided by the Registrar,
(b) provide to the Registrar any information the Registrar considers necessary, and
(c) pay the fee prescribed by regulation.
310.2(21)If the Registrar is satisfied, with respect to an application, that the grounds set out in subsection (19) have been established, the Registrar may order the person who operates the impound facility where the motor vehicle is impounded, subject to the lien referred to in subsection (11), to release the motor vehicle to the applicant
(a) if the consent of the owner of the motor vehicle or the person authorized by the owner is given, and
(b) on receiving payment of the removal and impound costs.
310.2(22)The owner of a motor vehicle that is detained and impounded under subsection 310.01(11) or (12), 310.02(11) or (11.1), 310.021(12) or (12.1), 310.04(7.1) or 345(3) may bring an action against the person who was the driver of the motor vehicle at the time the vehicle was detained to recover any costs or other losses incurred by the owner in connection with the impoundment.
310.2(23)There is no appeal from, or right to be heard before, the detention or impoundment of a motor vehicle under subsection 310.01(11) or (12), 310.02(11) or (11.1), 310.021(12) or (12.1), 310.04(7.1) or 345(3).
310.2(24)The Lieutenant-Governor in Council may make regulations
(a) prescribing the fees under subsections (16) and (20);
(b) prescribing standards for the purposes of this section for those who operate impound facilities.
2016, c.8, s.22; 2018, c.13, s.6
Impoundment
310.2(1)A peace officer who detains and impounds a motor vehicle under subsection 310.01(12), 310.02(11), 310.021(12), 310.04(7.1) or 345(3) shall
(a) prepare a notice identifying the motor vehicle that is to be impounded, the name and address of the driver, the date and time of the impoundment, the period of time for which the motor vehicle is to be impounded and the place where the vehicle may be recovered,
(b) serve a copy of the notice
(i) to the driver of the motor vehicle, if the period of impoundment is for seven days or less, and
(ii) to the owner of the motor vehicle, if the period of impoundment is for more than seven days, and
(c) provide a copy of the notice to the Registrar and to the impound facility where the motor vehicle will be impounded.
310.2(2)Service of a copy of a notice under subsection (1) on the driver of the motor vehicle is deemed to be service on and sufficient notice to the owner of the vehicle.
310.2(3)If the motor vehicle that is to be impounded contains goods, the peace officer may require the driver and any other person present who is in charge of the motor vehicle to surrender all documents in his or her possession or in the vehicle that relate to the operation of the vehicle or to the carriage of the goods and to furnish all information within that person’s knowledge relating to the details of the current trip and the ownership of the goods.
310.2(4)On being served with notice of the impoundment under subsection (1), the driver of the motor vehicle, the owner of the motor vehicle or a person authorized by the owner shall immediately remove a trailer or load that is being drawn by the motor vehicle from the motor vehicle.
310.2(5)If a peace officer is of the opinion that the driver or the owner of the motor vehicle has not made appropriate arrangements for the removal of a trailer or load, having regard to the nature of the goods, including the fact that they are or appear to be dangerous goods as that term is defined in the Transportation of Dangerous Goods Act or are perishable, the peace officer may cause the trailer or load to be removed, stored or otherwise disposed of at the cost and risk of the driver.
310.2(6)Any personal property that is left in the impounded motor vehicle and that is not attached to or used in connection with its operation shall, on request and proof of ownership, be made available, at reasonable times, to the owner of the property.
310.2(7)If a peace officer is of the opinion that the detention or impoundment of a motor vehicle jeopardizes the security of the driver and its passengers or would leave the driver and its passengers abandoned, the peace officer shall arrange for transportation of the occupants to the nearest safe area where they can summon an alternative mode of transportation.
310.2(8)The owner of the motor vehicle shall be responsible for the costs and charges resulting from the moving, detainment and impoundment of a motor vehicle under this section.
310.2(9)Subject to subsection (10), the person who operates the impound facility where a motor vehicle is impounded shall release the motor vehicle to its owner following the period referred to on the notice provided to him or her by the peace officer under subsection (1).
310.2(10)The person who operates the impound facility where a motor vehicle is impounded under this section is not required to release the motor vehicle until the removal and impound costs for the vehicle have been paid.
310.2(11)The costs incurred by the person who operates the impound facility where a motor vehicle is impounded under this section are a lien on the motor vehicle that may be enforced under the Storer’s Lien Act.
310.2(12)Despite subsection 4(1) of the Storer’s Lien Act, the person who operates the impound facility may not sell the motor vehicle that was impounded under this section until at least 30 days following the period referred to on the notice provided to him or her by the peace officer under subsection (1).
310.2(13)If a peace officer is satisfied that there are reasonable grounds to believe that a motor vehicle is a stolen vehicle, the impounded vehicle may be released on payment by the owner of the costs in relation to the impoundment under this section.
310.2(14)A person may apply to the Registrar under subsection (15) for the early release of the impounded motor vehicle if the person
(a) is the holder of a valid driver’s licence and is not prohibited from driving, and
(b) is the owner of the motor vehicle or a person authorized by the owner of the vehicle that was impounded under this Act, except under section 345, for a period of at least 30 days.
310.2(15)Within 15 days following the impoundment of a motor vehicle for a period of at least 30 days, a person referred to in subsection (14) may apply to the Registrar for the early release of the motor vehicle if
(a) the vehicle is used for the purposes of a sole proprietorship, a partnership or a company,
(b) the sole proprietorship, partnership or company has a reasonable prospect for generating income that is dependent on the vehicle, and
(c) the potential income dependent on the impounded vehicle represents a substantial proportion of the anticipated income to be earned by the sole proprietorship, partnership or company during the period of impoundment, or otherwise imposes an economic hardship on the owner.
310.2(16)A person referred to in subsection (14) shall
(a) apply for early release with the Registrar on a form provided by the Registrar,
(b) provide to the Registrar the information the Registrar considers necessary, and
(c) pay the fee prescribed by regulation.
310.2(17)If the Registrar is satisfied, with respect to an application, that the grounds set out in subsection (15) have been established, the Registrar may order the person who operates the impound facility where the motor vehicle is impounded, subject to the lien referred to in subsection (11), to release the motor vehicle to the applicant
(a) if the consent of the owner of the motor vehicle or the person authorized by the owner is given, and
(b) on receiving payment of the removal and impound costs.
310.2(18)A person may apply to the Registrar under subsection (19) for the early release of the impounded motor vehicle if the person
(a) is the holder of a valid driver’s licence and is not prohibited from driving, and
(b) lives with the owner of the motor vehicle at the time the vehicle is impounded under this Act, except under section 345, for a period of at least 30 days.
310.2(19)Within 15 days following the impoundment of a motor vehicle that was impounded for a period of at least 30 days, a person referred to in subsection (18) may apply to the Registrar for the early release of the motor vehicle on the grounds that
(a) the impoundment of the vehicle
(i) will cause the person to suffer a loss or curtailment of employment or educational opportunities, or
(ii) will prevent the person, or someone under the care of the person, from obtaining medical treatment, and
(b) the person has no reasonable alternative form of transportation, including public transportation, that would
(i) prevent the loss or curtailment referred to in subparagraph (a)(i), or
(ii) allow the medical treatment referred to in subparagraph (a)(ii).
310.2(20)A person referred to in subsection (18) shall
(a) apply for early release with the Registrar on a form provided by the Registrar,
(b) provide to the Registrar any information the Registrar considers necessary, and
(c) pay the fee prescribed by regulation.
310.2(21)If the Registrar is satisfied, with respect to an application, that the grounds set out in subsection (19) have been established, the Registrar may order the person who operates the impound facility where the motor vehicle is impounded, subject to the lien referred to in subsection (11), to release the motor vehicle to the applicant
(a) if the consent of the owner of the motor vehicle or the person authorized by the owner is given, and
(b) on receiving payment of the removal and impound costs.
310.2(22)The owner of a motor vehicle that is detained and impounded under subsection 310.01(12), 310.02(11), 310.021(12), 310.04(7.1) or 345(3) may bring an action against the person who was the driver of the motor vehicle at the time the vehicle was detained to recover any costs or other losses incurred by the owner in connection with the impoundment.
310.2(23)There is no appeal from, or right to be heard before, the detention or impoundment of a motor vehicle under subsection 310.01(12), 310.02(11), 310.021(12), 310.04(7.1) or 345(3).
310.2(24)The Lieutenant-Governor in Council may make regulations
(a) prescribing the fees under subsections (16) and (20);
(b) prescribing standards for the purposes of this section for those who operate impound facilities.
2016, c.8, s.22