This regulation sets how certain vehicle forfeiture matters under the Highway Traffic Act are handled, including vehicle valuation, notice delivery, a $100 application fee, possible fee refunds, and when the regulation starts to apply.
Vehicle Forfeiture (Driving Offences) Regulation, M.R. 200/2002 The Highway Traffic Act , C.C.S.M. c. H60 Regulation 200/2002 Registered November 26, 2002 bilingual version (HTML) Definition 1 In this regulation, "Act" means The Highway Traffic Act . DETERMINING THE VALUE OF VEHICLES Determining the value of motor vehicles 2 For the purposes of subsections 242.3(15) (depositing security) and 242.3(33) (unrelinquished or devalued vehicle) of the Act, the value of a motor vehicle is the value determined in a manner authorized by the Minister of Justice. ADDITIONAL METHODS OF SENDING NOTICES Service of notice on counsel 3(1) A notice that must be sent to any person under section 242.3 of the Act may be sent to the person's lawyer of record if the person is represented by a lawyer in relation to the alleged offence in respect of which the motor vehicle is liable to be forfeited. 3(2) The notice may be sent to the person's lawyer (a) by prepaid ordinary mail at the business address the lawyer provides the court in relation to the alleged offence; or (b) if the lawyer provides the court with a fax number in relation to the alleged offence, by faxing the notice to the lawyer's attention at that number. FEES Fee for application to justice 4(1) For the purpose of subsection 242.3(12) or (25.1) of the Act, the fee for an application to a justice for a hearing is $100. M.R. 183/2005 4(2) A justice may order that a fee paid under subsection 242.3(12) or (25.1) of the Act be refunded if he or she is satisfied that (a) at the time of the offence, the offender was in possession of the vehicle without the knowledge and consent of the owner; or (b) the owner could not reasonably have known that the vehicle would be operated in the course of committing the offence. M.R. 183/2005 COMING INTO FORCE Coming into force 5 This regulation comes into force on the day section 7 of The Highway Traffic Amendment and Consequential Amendments Act (2) , S.M. 2001, c. 29 , comes into force.