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C-24.2 - Highway Safety Code

Section 209.11
Disposition versions

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209.11. The owner of a road vehicle seized may, on the authorization of a judge of the Court of Québec acting in chambers in civil matters, recover his vehicle on the conditions set out in section 209.15,
(1)  if, being the driver of the vehicle, the owner was unaware that he was disqualified; or
(2)  if, not being the driver of the vehicle, the owner
(a)  was unaware that the driver he allowed to drive his vehicle was disqualified or did not hold a licence of the class required to drive the vehicle, even though he had made a reasonable attempt to verify the information;
(b)  had not consented to the driver being in possession of the vehicle seized; or
(c)  could not reasonably have foreseen, in the case of a seizure under section 209.2.1 or 209.2.1.1, that the driver would commit the offence that gave rise to the seizure;
(d)  (subparagraph replaced).
The application for release must be served on the Société with a copy of the minute of the seizure at least two clear days before its presentation to the judge. The application is heard and decided by preference. Saturday and Sunday are not counted in calculating the time for the service.
1996, c. 56, s. 65; 2008, c. 14, s. 23; 2007, c. 40, s. 42; 2010, c. 34, s. 37; I.N. 2016-01-01 (NCCP).
209.11. The owner of a road vehicle seized may, on the authorization of a judge of the Court of Québec acting in chambers in civil matters, recover his vehicle on the conditions set out in section 209.15,
(1)  if, being the driver of the vehicle, the owner was unaware that he was disqualified; or
(2)  if, not being the driver of the vehicle, the owner
(a)  was unaware that the driver he allowed to drive his vehicle was disqualified or did not hold a licence of the class required to drive the vehicle, even though he had made a reasonable attempt to verify the information;
(b)  had not consented to the driver being in possession of the vehicle seized; or
(c)  could not reasonably have foreseen, in the case of a seizure under section 209.2.1 or 209.2.1.1, that the driver would commit the offence that gave rise to the seizure;
(d)  (subparagraph replaced).
The motion for release must be served on the Société with a copy of the minute of the seizure at least two clear days before its presentation to the judge. The motion is heard and decided by preference. Saturday and Sunday are not counted in calculating the time for the service.
1996, c. 56, s. 65; 2008, c. 14, s. 23; 2007, c. 40, s. 42; 2010, c. 34, s. 37.
209.11. The owner of a road vehicle seized may, on the authorization of a judge of the Court of Québec acting in chambers in civil matters, recover his vehicle on the conditions set out in section 209.15,
(1)  if, being the driver of the vehicle, the owner was unaware that he was disqualified; or
(2)  if, not being the driver of the vehicle, the owner
(a)  was unaware that the driver he allowed to drive his vehicle was disqualified or did not hold a licence of the class required to drive the vehicle, even though he had made a reasonable attempt to verify the information;
(b)  had not consented to the driver being in possession of the vehicle seized;
(c)  could not reasonably foresee that the driver would drive or have the control or care of the vehicle with a blood alcohol concentration level in excess of 80 mg of alcohol in 100 ml of blood; or
(d)  could not reasonably foresee that the driver would, without a reasonable excuse, fail to comply with a peace officer’s demand under section 254 of the Criminal Code (R. S.C., 1985, c. C-46).
When a vehicle was seized under section 209.1 or 209.2 as well as under section 209.2.1 and the owner was not the driver of the vehicle, the owner may recover the vehicle by showing that the conditions set out in subparagraph a or b and subparagraph c or d of subparagraph 2 of the first paragraph are met, according to the applicable situation.
No release may be ordered under subparagraph 1 of the first paragraph if the vehicle is seized under sections 209.2 and 209.2.1.
The motion for release must be served on the Société with a copy of the minute of the seizure at least two clear days before its presentation to the judge. The motion is heard and decided by preference. Saturday and Sunday are not counted in calculating the time for the service.
1996, c. 56, s. 65; 2008, c. 14, s. 23; 2007, c. 40, s. 42.
209.11. The owner of a road vehicle seized may, on the authorization of a judge of the Court of Québec acting in chambers in civil matters, recover his vehicle on the conditions set out in section 209.15,
(1)  if, being the driver of the vehicle, the owner was unaware that he was disqualified; or
(2)  if, not being the driver of the vehicle, the owner
(a)  was unaware that the driver he allowed to drive his vehicle was disqualified or did not hold a licence of the class required to drive the vehicle, even though he had made a reasonable attempt to verify the information; or
(b)  had not consented to the driver being in possession of the vehicle seized.
The motion for release must be served on the Société with a copy of the minute of the seizure at least two clear days before its presentation to the judge. The motion is heard and decided by preference. Saturday and Sunday are not counted in calculating the time for the service.
1996, c. 56, s. 65; 2008, c. 14, s. 23.
209.11. The owner of a road vehicle seized may, on the authorization of a judge of the Court of Québec acting in chambers in civil matters, recover his vehicle on the conditions set out in section 209.15,
(1)  if, being the driver of the vehicle, the owner was unaware that he was disqualified; or
(2)  if, not being the driver of the vehicle, the owner
(a)  was unaware that the driver to whom he had entrusted the driving of his vehicle was disqualified or was not the holder of the licence of the class required to drive the vehicle; or
(b)  had not consented to the driver being in possession of the vehicle seized.
The motion for release must be served on the Société with a copy of the minute of the seizure at least two clear days before its presentation to the judge. The motion is heard and decided by preference.
1996, c. 56, s. 65.
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