71. Any person authorized to act as an inspector or investigator, as the case may be, may immediately seize an automobile if the person has reasonable grounds to believe that it is being used or has been used to commit an offence
(1) under paragraph 1 of section 117, until the court having jurisdiction or a judge thereof authorizes its release with security; or
(2) under any other provision of this Act or the regulations, 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.
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 paragraph 1 of section 117 of which the defendant is convicted or deemed convicted, the judge shall 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.
2001, c. 15, s. 71; 2009, c. 17, s. 11; 2016, c. 22, s. 2512.