11.3 (1) On motion by the Attorney General in a proceeding or intended proceeding under section 11.2, the Superior Court of Justice may make any or all of the following interlocutory orders for the preservation, impounding, modification or disposition of any vehicle that is the subject of the proceeding: 1. An order restraining the disposition or encumbrance of the vehicle or its use as collateral under the Personal Property Security Act or otherwise. 2. An order for the vehicle to be impounded by the Director and for the vehicle to be released only on a further order of the court. 3. An order for the possession, delivery or safekeeping of the vehicle. 4. An order requiring that the vehicle be equipped with an approved ignition interlock device. 5. An order for the sale or other disposition of the vehicle. 6. An order that any proceeds of sale or other disposition of the vehicle be paid into court pending the conclusion of the proceeding under section 11.2. 7. An order to sever any interest in the vehicle or to require any interest in the vehicle to be sold or otherwise disposed of. 8. An order giving the Crown in right of Ontario a lien for an amount fixed by the court on the vehicle to secure performance of an obligation imposed by another order made under this subsection. 9. An order requiring the owner or owners to agree, as a condition of the vehicle not being impounded or as a condition of the release of the vehicle from impoundment, that the vehicle shall not be operated by a person whose driver’s licence is suspended as a result of vehicular unlawful activity or has been suspended two or more times in the preceding 10 years as a result of vehicular unlawful activity. 10. An order for the vehicle to be impounded by the Director if an owner of the vehicle fails to comply with an order made under paragraph 4, 5, 6 or 9 or an order made under paragraph 11 relating to the operation of the vehicle, and for the vehicle to be released only on a further order of the court. 11. Any other order relating to the vehicle that the court considers just.  2007, c. 13, s. 32. Same (2) The court shall make an order under subsection (1) if the court is satisfied that there are reasonable grounds to believe that the vehicle is owned by or is in the care, control or possession of a person whose driver’s licence has been suspended under the Highway Traffic Act for vehicular unlawful activity two or more times in the preceding 10 years and that the vehicle, (a) is impounded under the Highway Traffic Act as a result of vehicular unlawful activity; or (b) was or is likely to be used to engage in vehicular unlawful activity.  2007, c. 13, s. 32. Vehicle sold, disposed of (3) Where a vehicle that is the subject of a proceeding or intended proceeding under section 11.2 is sold or otherwise disposed of, a motion under this section may be continued or brought in respect of any other vehicle or vehicles owned or in the care, control or possession of a person who owned or had care, control or possession of the original vehicle and, if the court would have made an order under subsection (1) in respect of the original vehicle, the court shall make an order under subsection (1) in respect of such other vehicle or vehicles.  2007, c. 13, s. 32. Release of impounded vehicle (4) A vehicle ordered released under subsection (1) shall not be released, (a) if it is still subject to impoundment under the Highway Traffic Act; (b) if all of the costs incurred by the Crown relating to a proceeding or intended proceeding under this Part with respect to the preservation, impounding, modification or storage of the vehicle have not been paid; or (c) if the impound costs have not been paid to the operator of the impound facility.  2007, c. 13, s. 32. Motion made without notice (5) An order under subsection (1) may be made on motion without notice for a period not exceeding 30 days.  2007, c. 13, s. 32. Extension (6) If an order under subsection (1) is made on a motion without notice, a motion to extend the order may be made only on notice to every party affected by the order unless the court is satisfied that because a party has been evading service or because there are other exceptional circumstances, the order ought to be extended without notice to the party.  2007, c. 13, s. 32. Same (7) An extension may be granted on a motion without notice for a further period not exceeding 30 days.  2007, c. 13, s. 32. Liens on vehicles (8) If an order under paragraph 8 of subsection (1) gives the Crown a lien on a vehicle, (a) the Personal Property Security Act applies with necessary modifications to the lien, despite clause 4 (1) (a) of that Act; (b) the lien shall be deemed to be a security interest that has attached for the purposes of the Personal Property Security Act; and (c) the Attorney General may perfect the security interest referred to in clause (b) for the purposes of the Personal Property Security Act by the registration of a financing statement under that Act.  2007, c. 13, s. 32. Costs (9) The costs associated with the forfeiture, preservation, impounding, modification, storage or disposition of a vehicle under this Part, including the costs of equipping the vehicle with an approved ignition interlock device, incurred by the Crown or any person are a debt due by the owner of the vehicle at the time the order was made to the Crown or person who incurred the costs, and the debt may be recovered in any court of competent jurisdiction.  2007, c. 13, s. 32. Assignment of duties to Director (10) When the Attorney General requests it, the court making an order under subsection (1) shall assign any duties in respect of the vehicle to the Director.  2007, c. 13, s. 32. Section Amendments with date in force (d/m/y) 2007, c. 13, s. 32
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