PART IV LICENCES
Appeal of a long-term vehicle impoundment for driving while suspended
50.2 (1) The owner of a motor vehicle that is impounded under section 55.1 may, upon paying the fee established by the Tribunal, appeal the impoundment to the Tribunal.  2009, c. 5, s. 22. Parties (2) The owner and the Registrar are the parties to an appeal under this section.  1997, c. 12, s. 5. Grounds for appeal (3) The only grounds on which an owner may appeal under subsection (1) and the only grounds on which the Tribunal may order the Registrar to release the motor vehicle are, (a)  that the motor vehicle that is impounded was stolen at the time it was detained in order to be impounded; (b)  that the driver’s licence of the driver of the motor vehicle at the time it was detained in order to be impounded was not then under suspension; (b.1)  that the driver’s licence of the driver of the motor vehicle at the time it was detained in order to be impounded was not then subject to the condition described in paragraph 2 of subsection 55.1 (1); (c)  that the owner of the motor vehicle exercised due diligence in attempting to determine that the driver’s licence of the driver of the motor vehicle at the time it was detained in order to be impounded was not then under suspension or subject to the condition described in paragraph 2 of subsection 55.1 (1); or (d)  that the impoundment will result in exceptional hardship.  2009, c. 5, s. 22; 2015, c. 14, s. 17. Exception (4) Clause (3) (d) does not apply if there was a previous impoundment under section 55.1 with respect to any motor vehicle then owned by the same owner.  2009, c. 5, s. 22. Powers of Tribunal (5) The Tribunal may confirm the impoundment or order the Registrar to release the motor vehicle.  2009, c. 5, s. 22. Notice of decision (6) The Tribunal shall give written notice of its decision to the owner and the Registrar.  1997, c. 12, s. 5; 1999, c. 12, Sched. G, s. 24 (12). Registrar’s actions if Tribunal orders release of vehicle (7) If the Tribunal orders the Registrar to release the motor vehicle, the Registrar shall, upon receipt of the notice, (a)  issue an order to release the vehicle; (b)  pay on behalf of the owner the amount incurred by the owner, as a result of the impoundment, for removing and impounding the vehicle, not including any amount for economic losses; and (c)  pay the operator or the owner the amount incurred by the operator or owner, as a result of the impoundment, for removing the load or drawn vehicle from the motor vehicle, not including any amount for economic losses.  2009, c. 5, s. 22. Decision final (8) The decision of the Tribunal under this section is final and binding.  1997, c. 12, s. 5; 1999, c. 12, Sched. G, s. 24 (12). Impoundment not stayed (9) Despite the Statutory Powers Procedure Act, the filing of an appeal under this section does not suspend or terminate the impoundment under section 55.1.  2009, c. 5, s. 22. Civil Remedies Act, 2001 prevails (10) Subsection (7) does not apply if the vehicle is subject to an order under Part III.1 of the Civil Remedies Act, 2001.  2007, c. 13, s. 14. Definitions (11) In this section, “operator” has the same meaning as in section 55.1; (“utilisateur”) “owner” means each person whose name appears on the certificate of registration for the vehicle but in subsection (4) “owner” means the person whose name appears on the plate portion of a permit in cases where the certificate of registration consists of a vehicle portion and a plate portion and different persons are named on each portion. (“propriétaire”)  1997, c. 12, s. 5; 2000, c. 26, Sched. O, s. 3 (2). Section Amendments with date in force (d/m/y) 1997, c. 12, s. 5 - 16/02/1999; 1999, c. 12, Sched. G, s. 24 (12, 13) - 01/04/2000 2000, c. 26, Sched. O, s. 3 (1, 2) - 06/12/2000 2007, c. 13, s. 14
- 20/02/2008 2009, c. 5, s. 22
- 01/07/2011 2015, c. 14, s. 17 (1, 2) - 01/07/2018