Acts and Regulations

86-76 - Found Personal Property

Table of contents
Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 86-76
under the
Police Act
(O.C. 86-322)
Filed April 30, 1986
Under section 38 of the Police Act, the Lieutenant-Governor in Council makes the following Regulation:
1This Regulation may be cited as the Found Personal Property Regulation - Police Act.
2(1)Where
(a) personal property is found by a person other than a police officer and is delivered to and received by a police officer,
(b) personal property that has been found comes into the possession of a police officer by any other means than that referred to in paragraph (a), or
(c) personal property is found by a police officer,
the police officer or any other employee of the police force of which the police officer is a member shall prepare a report containing a detailed description of the personal property and shall attempt to locate the owner of the personal property.
2(2)Where
(a) found personal property has no apparent commercial value,
(b) reasonable efforts have been made to locate the owner of the found personal property with no results,
(c) the finder of the personal property has relinquished, in writing, any interest in the property, and
(d) the found personal property is not or will not be required as evidence in any proceeding,
the chief of the police force which is in possession of the found personal property may cause the property to be destroyed.
2(3)Subject to subsection (5), where
(a) found personal property has some commercial value,
(b) efforts have been made to locate the owner of the found personal property with no results,
(c) three months have passed since a police officer came into the possession of the found personal property,
(d) the finder of the personal property is not a police officer, and
(e) the found personal property is not or will not be required as evidence in any proceeding,
the chief of the police force which is in possession of the found personal property shall cause a notice to be sent by mail to the finder of the personal property notifying the finder of the right to procure the found personal property and shall return the property to the finder on the finder signing a document acknowledging receipt of the personal property.
2(4)The notice referred to in subsection (3) shall be deemed to have been received within ten days after the date of mailing.
2(5)Where
(a) the conditions described in paragraphs (3)(a), (b), (c) and (e) have been met and the finder of the personal property
(i) is a police officer, or
(ii) is a person who cannot be located, or
(b) the finder of the personal property has not procured or caused the property to be returned to the finder at the finder's expense within thirty days of the receipt of the notice referred to in subsection (3),
the chief of the police force which is in possession of the found personal property shall cause the property to be disposed of through public sale and shall forward the proceeds, in the case of a municipal police force, to the treasurer of the municipality in which the property was found.
89-10; 2021, c.25, s.2
3Where found personal property is destroyed in accordance with this Regulation, a certificate of destruction shall be
(a) completed by a police officer of the police force which is in possession of the property,
(b) witnessed by an employee of the police force which is in possession of the property, and
(c) filed with the chief of the police force which is in possession of the property.
4This Regulation comes into force on July 1, 1986.
N.B. This Regulation is consolidated to June 11, 2021.