PART V.1 VEHICLE PERMITS AND NUMBER PLATES
Suspension of permit and detention of number plates
49 (1) Where a person is convicted of an offence, the court may order the suspension of the permit and the detention of the number plates for any vehicle that the court is satisfied was used in connection with the commission of the offence.  1998, c. 35, s. 9 (1). Term of suspension and detention (2) The court may fix such period of time, not exceeding five years, for the suspension of the permit and the detention of the number plates as the court considers proper.  R.S.O. 1990, c. E.19, s. 49 (2). Idem (3) Where the permit and the number plates were seized under section 48, the period of the suspension and detention shall be calculated from the day of the seizure.  R.S.O. 1990, c. E.19, s. 49 (3). Order for seizure (4) Where the permit and the number plates have not been seized, the court may order that the permit and the number plates shall be seized and delivered to the Registrar. R.S.O.  1990, c. E.19, s. 49 (4). Out-of-province permit and number plates (5) Where the permit to drive the vehicle on a highway and the number plates were issued by an authority outside Ontario and not under the Highway Traffic Act, the court shall not act under subsection (1) but may order the Registrar to return the permit and the number plates to the authority that issued them. R.S.O.  1990, c. E.19, s. 49 (5). Order is additional to any other penalty (6) The court may issue an order under this section in addition to any other penalty imposed.  R.S.O. 1990, c. E.19, s. 49 (6). Notice of commencement of proceeding (7) The prosecutor shall give to the Registrar and to the person to whom the permit and the number plates were issued notice of the commencement of the proceeding in respect of the offence mentioned in subsection (1).  R.S.O. 1990, c. E.19, s. 49 (7). Notice of intention to seek order (8) Subsections (1) and (5) do not apply unless the court is satisfied that the person to whom the permit and the number plates were issued was notified, before the defendant entered a plea, that an order would be sought under this section.  R.S.O. 1990, c. E.19, s. 49 (8). Right to be added as a party (9) A person given notice under subsection (8) has the right to be added as a party to the proceeding in respect of the offence for one or both of the following purposes: 1. Satisfying the court that the vehicle was not used in connection with the commission of the offence. 2. Making submissions to the court with respect to the issuance of an order under this section.  1998, c. 35, s. 9 (2). Duty to give notice (10) A prosecutor who intends not to seek a penalty under this section shall give notice of that fact to the court, to the Registrar and to the person to whom the permit and the number plates were issued.  R.S.O. 1990, c. E.19, s. 49 (10). Notice of intention not to seek penalty (11) Subsections (1), (4) and (5) do not apply where the prosecutor gives notice to the person to whom the permit and the number plates were issued that a penalty will not be sought under this section.  R.S.O. 1990, c. E.19, s. 49 (11). Note: On a day to be named by proclamation of the Lieutenant Governor, section 49 of the Act is repealed and the following substituted: (See: 2019, c. 9, Sched. 7, s. 1) Seizure of number plates 49 (1) A provincial officer may seize the number plates for a vehicle if he or she reasonably believes that the vehicle was used or is being used in connection with the commission of an offence and the seizure is necessary to prevent the continuation or repetition of the offence. 2019, c. 9, Sched. 7, s. 1. Direction to driver (2) The provincial officer may direct the driver of the vehicle to drive the vehicle to such location as is reasonable in the circumstances and detain it at that location. 2019, c. 9, Sched. 7, s. 1. Driver to comply with direction (3) A driver who is directed under subsection (2) shall comply with the direction. 2019, c. 9, Sched. 7, s. 1. Notice to driver (4) As soon as reasonably possible after seizing the number plates for a vehicle, the provincial officer shall give notice of the seizure to, (a) the driver of the vehicle; and (b) the holder of the permit for the vehicle, if the holder is not the driver of the vehicle. 2019, c. 9, Sched. 7, s. 1. Contents of notice (5) The notice under subsection (4) shall be in a form approved by the Director and shall set out the following information: 1. A statement that the number plates for the vehicle have been seized. 2. The reason for the seizure, including a description of the offence and the date and time of the commission of the offence. 3. A statement that, during the prohibition period, i. if the number plates were issued under the Highway Traffic Act, no number plates for the vehicle will be issued under the Highway Traffic Act to the holder of the permit for the vehicle, ii. if the number plates were issued under the Highway Traffic Act, no validation for the permit in respect of the vehicle will be given under the Highway Traffic Act to the holder of the permit for the vehicle, and iii. if the number plates were issued by an authority outside Ontario, no permits or number plates in respect of the vehicle will be issued under the Highway Traffic Act to the holder of the permit for the vehicle. 4. The prohibition period, which shall be a period ending no later than 30 days following the day on which the number plates were seized. 2019, c. 9, Sched. 7, s. 1. Notice to Registrar (6) As soon as reasonably possible after a provincial officer seizes the number plates for a vehicle under this section, a representative of the Ministry shall give notice of the seizure to the Registrar, including the applicable prohibition period as set out in the notice under subsection (5). 2019, c. 9, Sched. 7, s. 1. Registrar to comply with notice (7) Until the prohibition period has ended, the Registrar shall not, (a) if the number plates were issued under the Highway Traffic Act, issue number plates for the vehicle to the holder of the permit for the vehicle, (b) if the number plates were issued under the Highway Traffic Act, give validation for the permit in respect of the vehicle to the holder of the permit for the vehicle; or (c) if the number plates were issued by an authority outside Ontario, issue a permit or number plates in respect of the vehicle to the holder of the permit for the vehicle. 2019, c. 9, Sched. 7, s. 1. Notice of early end of prohibition period (8) If, at any point during a prohibition period, a provincial officer is of the opinion that the continuation of the prohibition period is no longer necessary to prevent the continuation or repetition of the offence, the provincial officer may end the prohibition period and give the Registrar notice that the prohibition period has ended. 2019, c. 9, Sched. 7, s. 1. Disposal (9) The provincial officer may dispose of the seized number plates and, for greater certainty, section 158.2 of the Provincial Offences Act does not apply to a seizure under this section. 2019, c. 9, Sched. 7, s. 1. Form, manner of notice to Registrar (10) For the purpose of this section, if the Ministry is required to give notice to the Registrar, a representative of the Ministry shall give the notice in the form and manner specified by the Registrar, which form and manner may involve electronic transmission of the information required to be included in the notice. 2019, c. 9, Sched. 7, s. 1. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 9 (1, 2) - 01/02/1999 2019, c. 9, Sched. 7, s. 1 - not in force