In force: 2020-10-10
110. Inspectors and investigators may immediately seize an automobile if they have reasonable grounds to believe that it is being used or has been used to commit an offence
(1) under subparagraph a of paragraph 1 of section 172, until the court having jurisdiction or a judge thereof authorizes its release with security; or
(2) under any other provision of this Act, and that the person who used or is using the automobile could abscond, until the court having jurisdiction or a judge thereof authorizes its release with or without security.
The security required under subparagraphs 1 and 2 of the first paragraph is equal to the amount of the fine prescribed for the offence. Article 321 of the Code of Penal Procedure (chapter C-25.1) applies, with the necessary modifications, to the security.
A person who seizes an automobile has custody of it, at the owner’s expense, until a court having jurisdiction declares it confiscated or orders that it be returned to its owner. The judge who makes such an order may subject the return of the automobile to certain conditions.
In the case of a subsequent offence under subparagraph a of paragraph 1 of section 172 of which the defendant is found guilty or deemed to be found guilty, the judge must make an order, with the conditions the judge determines, to ensure that the automobile is not used for a period of 30 days for a second offence and 90 days for a subsequent offence.