PART X RULES OF THE ROAD
Removal of vehicle, debris blocking traffic
134.1 (1) Where a police officer considers it reasonably necessary, (a)  to ensure orderly movement of traffic; or (b)  to prevent injury or damage to persons or property, he or she may remove and store or order the removal and storage of a vehicle, cargo or debris that are directly or indirectly impeding or blocking the normal and reasonable movement of traffic on a highway and shall notify the owner of the vehicle of the location to which the vehicle was removed.  2005, c. 26, Sched. A, s. 20; 2017, c. 2, Sched. 17, s. 10 (1). Costs of removal (2) The costs and charges for the removal and storage of the vehicle, cargo or debris removed are a debt due by the owner, operator and driver of the vehicle, for which they are jointly and severally liable, and the debt may be recovered in any court of competent jurisdiction and are a lien upon the vehicle, which may be enforced in the manner provided by the Repair and Storage Liens Act.  2005, c. 26, Sched. A, s. 20; 2017, c. 2, Sched. 17, s. 10 (2). Conflict with other Acts (3) In the event of a conflict with this section, the following prevail: 1.  Part X of the Environmental Protection Act and the regulations made under it, with respect to a pollutant on a highway. 2.  The Dangerous Goods Transportation Act and the regulations made under it.  2005, c. 26, Sched. A, s. 20. Protection from liability (4) No action or other proceeding for damages shall be brought against a police officer, a police force, a police services board, any member of a police services board, the Crown, an employee of the Crown or an agent of the Crown for any act done in good faith in the performance or intended performance of a duty under this section, or in the exercise or intended exercise of a power under this section, or any neglect or default in the performance or exercise in good faith of such duty or power.  2005, c. 26, Sched. A, s. 20. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 134.1 (4) of the Act is amended by striking out “a police force, a police services board, any member of a police services board” and substituting “any other member of a police service, a police service board, any member of a police service board”. (See: 2019, c. 1, Sched. 4, s. 24 (8)) Definition (5) In subsection (2), “operator” means, (a)  operator as defined in subsection 16 (1), and (b)  in the absence of evidence to the contrary, where there is no CVOR certificate or lease applicable to the commercial motor vehicle, the holder of the plate portion of the permit for the commercial motor vehicle.  2005, c. 26, Sched. A, s. 20; 2014, c. 9, Sched. 2, s. 37. Section Amendments with date in force (d/m/y) 2005, c. 26, Sched. A, s. 20 - 15/02/2006 2009, c. 5, s. 43 (1, 2) - no effect - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2019 2014, c. 9, Sched. 2, s. 37 - 01/01/2017 2017, c. 2, Sched. 17, s. 10 (1-4) - 22/03/2017 2018, c. 3, Sched. 5, s. 26 (8, 9) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 24 (8) - not in force; 2019, c. 1, Sched. 4, s. 24 (9) - no effect - see 2009, c. 5, s. 43 (1) - 31/12/2019; 2019, c. 7, Sched. 17, s. 88 (7) - no effect - see 2009, c. 5, s. 43 (2)
- 31/12/2019