Evidence And Property PSA Flashcards
POLICE SERVICES ACT
PART IX
REGULATIONS AND MISCELLANEOUS
Property in possession of police force
132. (1) This section applies to personal property of all kinds, except firearms and money, that comes into the possession of a police force under either of the following circumstances:
- The property was stolen from its owner or was found abandoned in a public place, and the chief of police is unable to determine who owns it.
- The property was seized by a member of the police force in the lawful execution of his or her duties, all legal proceedings in respect of the property have been completed, there is no court order for its disposition and there is no legal requirement, apart from this section, that it be retained or disposed of.
Sale
(2) The chief of police may cause the property to be sold, and the board may use the proceeds for any purpose that it considers in the public interest.
Perishable property
(3) If the property is perishable, it may be sold at any time without notice. R.S.O. 1990, c. P.15, s. 132 (1-3).
Non-perishable property
(4) If the property is not perishable, the following rules apply to its sale:
1. The property may be sold when it has been in the possession of the police force for at least one month, in the case of a motor vehicle as defined in the Highway Traffic Act or a bicycle, or for at least three months, in the case of other property.
2. The sale shall be by public auction or by public tender.
3. At least ten days notice of the time and place of the public auction shall be given by publication in a newspaper of general circulation in the municipality.
- The sale may be adjourned, repeatedly if necessary, until the property is sold. R.S.O. 1990, c. P.15, s. 132 (4); 1997, c. 8, s. 38.
Claim of owner of property
(5) If a motor vehicle, bicycle or other property has been sold before it has been in the possession of the police force for three months and if the owner makes a claim before that time, the owner is entitled to receive the proceeds, less the costs of storage, advertising and sale.
Register of property
(6) The chief of police shall ensure that the police force keeps a register of property and that the following rules are followed:
1. The description and location of every item of property shall be recorded.
2. If the property is sold, full particulars shall be recorded.
3. If the property is returned to its owner, his or her name, address and telephone number shall be recorded.
Exception
(7) This section does not apply to a motor vehicle that is impounded under section 220 of the Highway Traffic Act. R.S.O. 1990, c. P.15, s. 132 (5-7).
Money
- (1) This section applies to money that comes into the possession of a police force under the circumstances described in paragraph 1 or 2 of subsection 132 (1).
Accounting
(2) The money shall be accounted for according to the prescribed method.
Use of money
(3) If three months have elapsed after the day the money came into the possession of the police force and the owner has not claimed it, the board may use it for any purpose that it considers in the public interest. R.S.O. 1990, c. P.15, s. 133.
Firearms
- (1) This section applies to firearms that are in the possession of a police force because they have been found, turned in or seized.
Safe-keeping, return to owner
(2) The chief of police shall ensure that firearms are securely stored, and that they are returned to their owners if there is a court order or other legal requirement to that effect
Destruction
(3) If all possible court proceedings relating to a firearm have been completed or the time for them has expired and there is no court order or other legal requirement governing how the firearm is to be dealt with, the chief of police shall ensure that it is destroyed promptly, unless subsection (4) applies
Firearm of special interest
(4) If the chief of police considers the firearm unique, an antique, or of educational or historical value, he or she shall notify the Director of the Centre of Forensic Sciences.
Idem
(5) If the Director indicates, within three months of receiving notice, that the firearm is required for the Centre’s collection, the chief of police shall ensure that it is transferred there.
Idem
(6) If the Director indicates that the firearm is not required for the Centre’s collection or fails to respond within three months of receiving notice, the chief of police shall ensure that the firearm is destroyed promptly.
Disposal otherwise than by destruction
(7) The chief of police may dispose of a firearm to which subsection (6) applies otherwise than by having it destroyed if he or she first obtains the Solicitor General’s approval of the method of disposal. R.S.O. 1990, c. P.15, s. 134 (1-7).
Register of firearms
(8) The chief of police shall ensure that the police force keeps a register of firearms and that the following rules are followed
1. Every firearm’s description and location shall be recorded.
2. When a firearm ceases to be in the possession of the board or of a member of the police force, full particulars shall be recorded, including the name of the person who disposed of it and the date and method of disposal.
3. If the firearm is returned to its owner, his or her name, address and telephone number shall also be recorded.
4. On or before the 31st day of January in each year, a statement shall be filed with the Solicitor General listing the firearms that have come into the possession of the police force during the preceding calendar year, indicating which firearms are still being retained and which have been disposed of, and giving the particulars of disposition. R.S.O. 1990, c. P.15, s. 134 (8); 1997, c. 8, s. 39.
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