Alberta legislation on seizing vehicles involved in "prostitution related offences"
TRAFFIC SAFETY (SEIZURE OF VEHICLES
IN PROSTITUTION RELATED OFFENCES)
AMENDMENT ACT, 2003
Chapter 48
(Assented to December 4, 2003)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:
Amends RSA 2000 cT-6
1 The Traffic Safety Act is amended by this Act.
2 Section 40 is amended
(a) in subsections (1) and (2) by adding “or 173.1” after “section 173”;
(b) by adding the following after subsection (2):
(3) In determining an appeal of a seizure or immobilization under section 173.1, the Board may order the release of the motor vehicle if the Board is satisfied that
(a) the owner could not reasonably have known that the vehicle was being operated in the course of committing an offence referred to in section 173.1,
(b) at the time the vehicle was seized, the driver was in possession of it without the knowledge and consent of its owner, or
(c) it is the first time that the person has been charged with an offence referred to in section 173.1 and that person is eligible for, and consents to be dealt with by way of, a program of alternative measures under section 717(1)(a) of the Criminal Code (Canada).
3 Section 64 is amended in clause (k) by striking out “sections 172 and 173” and substituting “sections 172, 173 and 173.1”.
4 Section 77(1) is amended in clause (i) by striking out “section 172 or 173” and substituting “section 172, 173 or 173.1”.
5 Section 170(8) is amended by adding “or 173.1” after “section 173”.
6 The following is added after section 173:
Seizure of vehicle in prostitution related offences
173.1(1) Where a person has been charged with an offence under section 211, 212 or 213 of the Criminal Code (Canada), a peace officer, the Registrar or a person authorized by a peace officer or the Registrar may seize or immobilize the motor vehicle that was being operated by that person at the time that the person was charged.
(2) Where a motor vehicle is seized or immobilized under subsection (1), a peace officer may release the vehicle to the registered owner, or a person authorized by the registered owner, if the officer is satisfied that
(a) the vehicle was stolen,
(b) every person
(i) who was in the vehicle at the time it was seized, and
(ii) who the peace officer had reasonable grounds to believe had committed an offence referred to in subsection (1),
is eligible for, and consents to be dealt with by way of, a program of alternative measures authorized under section 717(1)(a) of the Criminal Code (Canada), or
(c) seizure of the vehicle is causing or will cause undue financial hardship.
(3) Subject to subsection (2) and any decision of the Board in an appeal commenced pursuant to section 40, when a person who is in a motor vehicle at the time it is seized or immobilized under subsection (1) is convicted of an offence referred to in that subsection, the vehicle is forfeited to the Government subject to any security interest registered under the Personal Property Security Act before the seizure or immobilization.
(4) If no person is convicted of an offence in respect of which a motor vehicle is seized under this section, the Registrar shall release the vehicle.
7 Sections 174 and 175 are amended by striking out “section 172 or 173” and substituting “section 172, 173 or 173.1”.
8 This Act comes into force on Proclamation.
TRAFFIC SAFETY (SEIZURE OF VEHICLES
IN PROSTITUTION RELATED OFFENCES)
AMENDMENT ACT, 2003
Chapter 48
(Assented to December 4, 2003)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:
Amends RSA 2000 cT-6
1 The Traffic Safety Act is amended by this Act.
2 Section 40 is amended
(a) in subsections (1) and (2) by adding “or 173.1” after “section 173”;
(b) by adding the following after subsection (2):
(3) In determining an appeal of a seizure or immobilization under section 173.1, the Board may order the release of the motor vehicle if the Board is satisfied that
(a) the owner could not reasonably have known that the vehicle was being operated in the course of committing an offence referred to in section 173.1,
(b) at the time the vehicle was seized, the driver was in possession of it without the knowledge and consent of its owner, or
(c) it is the first time that the person has been charged with an offence referred to in section 173.1 and that person is eligible for, and consents to be dealt with by way of, a program of alternative measures under section 717(1)(a) of the Criminal Code (Canada).
3 Section 64 is amended in clause (k) by striking out “sections 172 and 173” and substituting “sections 172, 173 and 173.1”.
4 Section 77(1) is amended in clause (i) by striking out “section 172 or 173” and substituting “section 172, 173 or 173.1”.
5 Section 170(8) is amended by adding “or 173.1” after “section 173”.
6 The following is added after section 173:
Seizure of vehicle in prostitution related offences
173.1(1) Where a person has been charged with an offence under section 211, 212 or 213 of the Criminal Code (Canada), a peace officer, the Registrar or a person authorized by a peace officer or the Registrar may seize or immobilize the motor vehicle that was being operated by that person at the time that the person was charged.
(2) Where a motor vehicle is seized or immobilized under subsection (1), a peace officer may release the vehicle to the registered owner, or a person authorized by the registered owner, if the officer is satisfied that
(a) the vehicle was stolen,
(b) every person
(i) who was in the vehicle at the time it was seized, and
(ii) who the peace officer had reasonable grounds to believe had committed an offence referred to in subsection (1),
is eligible for, and consents to be dealt with by way of, a program of alternative measures authorized under section 717(1)(a) of the Criminal Code (Canada), or
(c) seizure of the vehicle is causing or will cause undue financial hardship.
(3) Subject to subsection (2) and any decision of the Board in an appeal commenced pursuant to section 40, when a person who is in a motor vehicle at the time it is seized or immobilized under subsection (1) is convicted of an offence referred to in that subsection, the vehicle is forfeited to the Government subject to any security interest registered under the Personal Property Security Act before the seizure or immobilization.
(4) If no person is convicted of an offence in respect of which a motor vehicle is seized under this section, the Registrar shall release the vehicle.
7 Sections 174 and 175 are amended by striking out “section 172 or 173” and substituting “section 172, 173 or 173.1”.
8 This Act comes into force on Proclamation.
