PART XV PROCEDURE, ARRESTS AND PENALTIES
Impounding motor vehicles
220 (1) In conjunction with a conviction under section 47, 51 or 53 of this Act or section 320.14 or 320.15 of the Criminal Code (Canada) or with a second conviction under section 320.16 of the Criminal Code (Canada), an order may issue that the motor vehicle driven by or under the care, charge or control of the person convicted at the time of the commission of the offence or second offence, as the case may be, shall be seized, impounded and taken into custody of the law for three months, subject to the conditions and in the manner set out in the order.  R.S.O. 1990, c. H.8, s. 220 (1); 2019, c. 8, Sched. 1, s. 38 (1). Interpretation (2) For the purpose of subsection (1), a conviction under section 320.16 of the Criminal Code (Canada) that occurs after a conviction under any section referred to in subsection (1) shall be considered as a second conviction under section 320.16 of the Criminal Code (Canada).  R.S.O. 1990, c. H.8, s. 220 (2); 2019, c. 8, Sched. 1, s. 38 (2). Notice to be given (3) Where a conviction referred to in subsection (1) results because the accused pleads guilty, the order referred to in subsection (1) shall not be issued unless the person has been given notice, (a)  by a printed or written statement upon or accompanying the summons; or (b)  orally by the court before the plea of guilty is accepted, to the following effect: “The Highway Traffic Act provides that upon conviction of the offence with which you are charged, in the circumstances indicated therein, an order may be issued that the motor vehicle driven by you or under your care, charge or control at the time of the commission of the offence shall be seized, impounded and taken into the custody of the law”. R.S.O. 1990, c. H.8, s. 220 (3). When vehicle not to be impounded (4) An order shall not be issued under subsection (1) in respect of a motor vehicle that is not owned or held under a lease that has less than three months to run by the person convicted unless the person convicted is the principal driver thereof and, if there is a lease of the vehicle, the lease has more than three months to run.  R.S.O. 1990, c. H.8, s. 220 (4). Opportunity to be heard (5) Before an order is issued under subsection (1), an opportunity shall be given to any person who has an interest in the motor vehicle or is a dependant of or a family member residing with the person convicted to state why the order should not issue.  R.S.O. 1990, c. H.8, s. 220 (5). Undue hardship (6) Where representation is made under subsection (5), the court shall not issue the order if the court is of the opinion that undue hardship will result thereby.  R.S.O. 1990, c. H.8, s. 220 (6). Change in order (7) Where an order has been issued under subsection (1), any person referred to in subsection (5) may apply to the court for an amendment to or revocation of the order.  R.S.O. 1990, c. H.8, s. 220 (7). Basis for change (8) The court, pursuant to an application under subsection (7), may amend or revoke an order that is the subject-matter of the application where there is a relevant change in circumstances since the order was made or information is brought out that was not disclosed before the order was made.  R.S.O. 1990, c. H.8, s. 220 (8). Lien (9) All costs and charges for the care and storage of a motor vehicle impounded under subsection (1) are a lien upon the vehicle.  R.S.O. 1990, c. H.8, s. 220 (9). Effect of lien (10) A motor vehicle that is subject to a lien under subsection (9) may be retained in the custody of the law so long as the lien remains unpaid or until the motor vehicle is sold by public auction.  R.S.O. 1990, c. H.8, s. 220 (10). Notice of sale (11) Before a motor vehicle is sold under subsection (10), a reasonable effort shall be made to give the owner two weeks notice of the sale if the owner can be ascertained.  R.S.O. 1990, c. H.8, s. 220 (11). Definition (12) For the purposes of this section, “court” means a judge or judge of the Ontario Court (Provincial Division).  R.S.O. 1990, c. H.8, s. 220 (12). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. R, s. 18 - no effect - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011 2019, c. 8, Sched. 1, s. 38 (1, 2) - 01/12/2020