BILL NO. 28
1st Session, 58th General Assembly
Nova Scotia
49 Elizabeth II, 2000
Motor Vehicle Act
(amended)
The Honourable Michael G. Baker, Q.C.
Minister of Justice
First Reading: March 27, 2000
Second Reading: June 5, 2000
Third Reading: June 8, 2000 (WITH COMMITTEE AMENDMENTS)
Explanatory Notes
Clause 1 prohibits the use of engine brakes in a speed zone of fifty kilometres per hour or less.
Clause 2 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 where 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).
An Act to Amend Chapter 293
of the Revised Statutes, 1989,
the Motor Vehicle Act
1 Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, is amended by adding immediately after Section 181 the following Section:
181A The driver of a motor vehicle equipped with engine brakes shall not use those brakes where the maximum rate of speed is fifty kilometres per hour or less.
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
(2) Where a municipality enacts a by-law referred to in subsection (1), 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).
(3) A by-law referred to in subsection (1) shall include the following:
(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
(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 (1);
(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 (1);
(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 (1);
(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 the operator of the vehicle, if there is an operator;
(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;
(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.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2000 Crown in right of Nova Scotia. Created June 12, 2000. Send comments to legc.office@gov.ns.ca.
