The Saskatchewan Gazette

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1 THE SASKATCHEWAN GAZETTE, MARCH 9, The Saskatchewan Gazette PUBLISHED WEEKLY BY AUTHORITY OF THE QUEEN S PRINTER PART II/PARTIE II Volume 103 REGINA, FRIDAY, MARCH 9, 2007/REGINA, VENDREDI, 9 MARS 2007 No.10/nº10 PART II/PARTIE II REVISED REGULATIONS OF SASKATCHEWAN/ RÈGLEMENTS RÉVISÉS DE LA SASKATCHEWAN TABLE OF CONTENTS/TABLE DES MATIÈRES F Reg 31 The Bison Breeder Associations Loan Guarantee Regulations T-18.1 Reg 4 The Vehicle Impoundment (Public Order) Regulations, SR 8/2007 SR 9/2007 The Cattle Breeder Associations Loan Guarantee Amendment Regulations, The Cattle Feeder Associations Loan Guarantee Amendment Regulations, SR 10/2007/ The Queen s Bench Amendment Regulations, 2007 / RS 10/2007 Règlement de 2007 modifiant le Règlement sur la Cour du Banc de la Reine /125

2 Revised Regulations of Saskatchewan/ Règlements Révisés de la Saskatchewan THE SASKATCHEWAN GAZETTE, MARCH 9, 2007 January 5, 2007 The Securities Commission (Adoption of National Instruments) Amendment Regulations, 2006 (No. 3)... SR 115/2006 The Assessment Management Agency Amendment Regulations, SR 116/2006 The Saskatchewan Medical Care Insurance Payment Amendment Regulations, 2006 (No.3)... SR 117/2006 The Small Claims Amendment Regulations, 2006 (No. 2) / SR 118/2006 / Règlement n o 2 de 2006 modifiant le Règlement de 1998 sur les petites créances... RS 118/2006 The Milk Control Amendment Regulations, 2006 (No. 12)... SR 119/2006 January 26, 2007 The Milk Control Amendment Regulations, SR 1/2007 February 2, 2007 The Employee s Tools Credit Regulations... I-2.01 Reg 4 The Driver Licensing and Suspension Amendment Regulations, SR 2/2007 The Inter-jurisdictional Support Orders Amendment Regulations, 2007 / Règlement de 2007 modifiant le Règlement sur les ordonnances SR 3/2007 / alimentaires interterritoriales... RS 3/2007 February 16, 2007 The Residential Tenancies Regulations, R Reg 1 The Labour Standards Amendment Regulations, SR 4/2007 The Saskatchewan Farm Security Amendment Regulations, SR 5/2007 The Apprenticeship and Trade Certification Commission Amendment Regulations, SR 6/2007 February 23, 2007 The Milk Control Amendment Regulations, 2007 (No. 2)... SR 7/2007 March 9, 2007 The Bison Breeder Associations Loan Guarantee Regulations... F Reg 31 The Vehicle Impoundment (Public Order) Regulations, T-18.1 Reg 4 The Cattle Breeder Associations Loan Guarantee Amendment Regulations, SR 8/2007 The Cattle Feeder Associations Loan Guarantee Amendment Regulations, SR 9/2007 The Queen s Bench Amendment Regulations, 2007 / Règlement de 2007 modifiant le Règlement sur la Cour du Banc de la Reine... SR 10/2007/ RS 10/2007

3 THE THE SASKATCHEWAN SASKATCHEWAN GAZETTE, GAZETTE, JANUARY MARCH 18, 9, THE SASKATCHEWAN GAZETTE, MARCH 9, 2007 REVISED REGULATIONS OF SASKATCHEWAN 99 CHAPTER F REG 31 The Farm Financial Stability Act Sections 61 and 84 Order in Council 100/2007, dated February 27, 2007 (Filed February 28, 2007) Title 1 These regulations may be cited as The Bison Breeder Associations Loan Guarantee Regulations. Interpretation 2(1) In these regulations: (a) Act means The Farm Financial Stability Act; (b) breeder means a producer who is a member or shareholder of a breeder association; (c) breeder agreement means a producer agreement that: (i) is between a breeder and a breeder association of which the breeder is a member or shareholder; and (ii) concerns the purchase of breeding stock and production and growing of the offspring of the breeding stock; (d) breeder association means a producer association that: (i) is formed for the purpose of purchasing breeding stock and producing or growing the offspring of that breeding stock; and (ii) either: (A) at any time during the association s fiscal year, has 10 or more members who are parties to a breeder agreement; or (B) has the prior written approval of the provincial supervisor to conduct business with fewer than 10 members who are parties to a breeder agreement; (e) breeding stock means female bison: (i) of the genus species Bison bison; (ii) none of which exceed 96 months in age when purchased; (iii) that are weaned; and (iv) that are to be used as breeding stock; and includes non-pregnant bison that meet the criteria set out in subclauses (i) to (iii) and that have an unweaned calf;

4 100 THE SASKATCHEWAN GAZETTE, MARCH 9, 2007 (f) custom feeder means: (i) a custom operator who is authorized by the provincial supervisor to produce, grow or finish bison on a fee-for-service basis in a custom feedlot; or (ii) an operator who produces, grows or finishes bison on a lease basis; (g) licensed dealer means a dealer who holds a valid licence issued pursuant to The Animal Products Act. (2) In subsection 46(1) of the Act and subsection 6(1) of these regulations, loan means all unpaid advances by a lender to a breeder association made pursuant to an agreement between the breeder association, the lender and Saskatchewan, and includes all unpaid interest on those advances. Commodities prescribed 3 Breeding stock and the offspring of breeding stock are prescribed as commodities for the purposes of clause 41(c) of the Act. Prescribed lending institutions 4 For the purposes of clause 41(f) of the Act, the following are prescribed lending institutions: (a) Farm Credit Canada; (b) Peace Hills Trust Company. Information required 5 A breeder association that applies for a guarantee pursuant to section 45 of the Act shall provide the provincial supervisor with: (a) a list of the names and addresses of the breeders who are members of the breeder association, the date of the first advance to the breeder association on behalf of each breeder and evidence, satisfactory to the minister, of age and Saskatchewan residency for each breeder; (b) a declaration of whether a loan guaranteed pursuant to the Act has been taken on behalf of a member of the breeder association; and (c) the name and address of the lender that will be used by the breeder association for the purpose of obtaining loans on behalf of its members. Loan guarantee 6(1) Pursuant to subclause 61(d)(i) of the Act, for the purposes of subsection 46(1) of the Act, the maximum amount of a loan that may be guaranteed is an amount equal to 25% of the least of: (a) the amount outstanding on the loan at the time of a first default on any advance following the issuance of the guarantee with respect to the loan, plus accrued interest as of the time that payment is to be made on the guarantee; (b) the amount allowed by subsection (7); and (c) the amount provided for by clause 46(2)(b) of the Act.

5 THE SASKATCHEWAN GAZETTE, MARCH 9, (2) For the purposes of subsection (1), the time of a first default is a date determined by the provincial supervisor and the lender, when: (a) there are unresolved arrears; (b) part or all of the inventory is missing and no payment is made; or (c) inventory is sold and there will be a shortfall in payment. (3) Subject to subsection (4), for the purposes of section 47.1 of the Act, the Minister of Finance may provide a second guarantee to a lender if: (a) a producer has defaulted on a loan; (b) the producer has a reasonable chance to repay the loan in the opinion of the lender and the minister; and (c) total defaults do not exceed 35% of the total loans for all producers in that producer s breeder association. (4) The prescribed maximum amount of advances that may be guaranteed pursuant to subsection (3) is an amount equal to 60% of the amount outstanding on the advances at the time of the default. (5) The guarantee provided pursuant to subsection (3) expires when the defaulted loans are paid in full. (6) The loan on which a guarantee is provided shall be used by the association only for the purchase of breeding stock to be produced or grown by its members: (a) on member farms; or (b) with custom feeders. (7) Subject to subsection (8), for the purposes of subsections 46(1) and (2) of the Act, no breeder association shall borrow in excess of: (a) $50,000 with respect to any individual breeder who: (i) has not received a guaranteed loan; and (ii) has belonged to a breeder association for less than one year; (b) $75,000 with respect to any individual breeder who: (i) has belonged to a breeder association for at least one year; and (ii) has produced or grown breeding stock during that year; (c) $125,000 with respect to any individual breeder who: (i) has belonged to a breeder association for at least two years; and (ii) has produced or grown breeding stock in each of those years; and (d) a total of $6,000,000 with respect to all breeders. (8) If an individual breeder belongs to both a bison breeder association and a bison feeder association, the maximum amount that the associations may borrow on behalf of that individual breeder is $225,000.

6 102 THE SASKATCHEWAN GAZETTE, MARCH 9, 2007 Option of member if stock dies or is culled 7 If any breeding stock of a breeder dies or is culled and the breeding stock was covered by a loan guaranteed pursuant to these regulations, the breeder association shall require the breeder, at the breeder s option: (a) to continue to make payments to retire the loan that the breeder would be required to pay if the breeding stock had not died or been culled and to secure replacement breeding stock of the equivalent value of the breeding stock that died or was culled; or (b) to pay out the prorated amount of the loan for the breeding stock that died or was culled. Repayment of advances 8(1) Subject to subsections (2) and (3) and section 9, if a breeder association purchases breeding stock for a breeder who is a party to a breeder agreement, the breeder association shall repay the advance used to purchase the breeding stock: (a) within 72 months after the day on which it purchased the breeding stock; and (b) in annual payments of 16.7% of the amount of the initial advance, plus interest, on or before the anniversary date of the advance. (2) Subject to subsection (3), if a breeder association prepays a portion of the advance mentioned in subsection (1), the breeder association may, for the remaining term of the advance: (a) continue to repay the advance in annual payments as set out in clause (1)(b); or (b) repay the advance in annual payments equalized over the remaining term of the advance, plus interest, on or before the anniversary date of the advance. (3) The provincial supervisor may authorize an association to establish one or two dates for the annual payments for all advances made on behalf of a breeder. Extension of repayment period 9(1) If the provincial supervisor is satisfied that the circumstances warrant it, the provincial supervisor may do either or both of the following: (a) subject to subsection (2), extend the period within which all or any annual repayment is to be made; (b) vary the amount of any annual repayment. (2) The provincial supervisor shall not grant an extension pursuant to clause (1)(a) that is greater than 24 months.

7 THE SASKATCHEWAN GAZETTE, MARCH 9, Purchase through licensed dealer 10(1) For the purpose of subsection 50(1) of the Act, breeding stock are a commodity that is required to be purchased through a licensed dealer. (2) The provincial supervisor may authorize a breeder association to purchase breeding stock from a person who is not a licensed dealer. Purchase price 11(1) In this section and in section 12, market price means the market price for that kind of breeding stock in that part of Saskatchewan, as set by the minister. (2) In setting the market price pursuant to subsection (1), the minister shall consider information respecting market values as provided to the minister by the breeder association. (3) The purchase price of all breeding stock purchased by a breeder association is not to exceed the market price, as at the date of purchase, for that breeding stock. Purchases from member producers 12 For the purposes of section 51 of the Act, a breeder association may purchase heifers to be used for breeder stock from a member producer for the purpose of growing offspring of that breeding stock by that producer only if the price of those heifers does not exceed 100% of their market price. Purchase and sale by breeder in name of breeder association 13(1) Before a breeder purchases breeding stock on behalf of a breeder association, the breeder shall notify the breeder association of the intended purchase in the manner designated by the association. (2) If a breeder purchases breeding stock on behalf of a breeder association, the breeder shall ensure that the purchase documents for the breeding stock name the breeder association as owner of the breeding stock and identify the name of the breeder. (3) Before a breeder sells breeding stock purchased on behalf of a breeder association or offspring of those breeding stock, the breeder shall notify the breeder association of the intended sale in the manner designated by the breeder association. (4) If a breeder sells breeding stock purchased on behalf of a breeder association or offspring of those breeding stock, the breeder shall ensure that the following conditions are complied with: (a) the sales documents for the breeding stock or offspring must be in the name of the breeder association and identify the breeder; (b) the purchaser shall pay for the breeding stock or offspring by way of a cheque or other process of payment that is made payable to the breeder association and that identifies the breeder.

8 104 THE SASKATCHEWAN GAZETTE, MARCH 9, 2007 (5) If a breeder sells breeding stock purchased on behalf of a breeder association or offspring of those breeding stock, the proceeds from the sale are to be applied in priority of payment: (a) first to any advance used to purchase the breeding stock; and (b) second to the breeder in accordance with any breeder agreement. (6) Subsections (3), (4) and (5) do not apply to breeding stock or offspring of those breeding stock if the breeder association has transferred ownership of the breeding stock or offspring to the breeder and issued a signed transfer of ownership form respecting that transfer to the breeder. (7) A breeder association may deduct from any payment made to a breeder pursuant to clause (5)(b): (a) any amount owing to the breeder association by the breeder, including any amount owing to the association by the breeder pursuant to: (i) a bison feeder agreement, as defined in The Bison Feeder Associations Loan Guarantee Regulations; (ii) a cattle breeder agreement, as defined in The Cattle Breeder Associations Loan Guarantee Regulations, 1991; or (iii) a cattle feeder agreement, as defined in The Cattle Feeder Associations Loan Guarantee Regulations, 1989; and (b) any costs, fees or expenses incurred by the breeder association with respect to that breeder. Inspection exemption on purchases 14 The provincial supervisor may authorize a bison breeder association that is also a bison feeder association to purchase breeding stock as defined in clause 2(1)(e) from a bison feeder association without an inspection pursuant to The Livestock Inspection and Transportation Regulations, Time of sale of offspring 15 If a breeder association purchases breeding stock for a breeder who is a party to a breeder agreement and the yearly payment on the loan respecting the breeding stock has not yet been made by the breeder in accordance with the terms of the loan, the breeder association shall cause the offspring of the stock to be sold: (a) on or before the first anniversary date of the advance used to purchase the breeding stock; or (b) within a greater period authorized by the provincial supervisor, but not more than six months after the anniversary date mentioned in clause (a).

9 THE SASKATCHEWAN GAZETTE, MARCH 9, Weaning of calves 16(1) Subject to subsection (2), if a breeder association purchases breeding stock for a breeder who is a party to a breeder agreement, the breeder shall wean all calves from the breeding stock no later than December 31 of the year in which the calf was born. (2) On the application of the breeder association, the provincial supervisor may extend the period by which calves are to be weaned from the breeding stock to not later than the June 30 of the year following the year in which the calf was born. Tagging of breeding stock 17(1) All breeding stock purchased by a breeder association and the offspring of those breeding stock must have: (a) a radio frequency identification ear tag issued by the Canadian Bison Association; (b) a metal ear tag issued by the Saskatchewan Bison Association; and (c) one additional tag that: (i) distinguishes the bison purchased for each member from any other bison purchased for other members; and (ii) is approved by the provincial supervisor. (2) Before completing a breeder agreement, a local supervisor shall inspect the bison to ensure that the bison have been tagged in accordance with subsection (1). (3) All offspring from breeding stock required to be tagged as set out in subsection (1) shall be tagged as required before December 31 of the year in which the calf was born. (4) Notwithstanding subsection (1), the offspring of breeding stock need not be tagged if: (a) before the time mentioned in subsection (3), the breeder association has prepaid the annual payment on the loan respecting the breeding stock in accordance with section 8; and (b) the local supervisor has confirmed the inventory of breeding stock. Record of movement 18 If a breeder moves bison that were purchased by a breeder association for that breeder, the breeder shall within one week of the move provide copies of any record of movement forms provided by the Canadian Bison Association with respect to those bison to the breeder association.

10 106 THE SASKATCHEWAN GAZETTE, MARCH 9, 2007 Reports of breeder associations 19 For the purpose of section 56 of the Act, every breeder association shall include in the report required pursuant to that section a record of: (a) the breeding stock and its offspring currently owned by the breeder association; (b) the transactions, including sale and purchase, of the breeding stock and its offspring owned by the breeder association; (c) the breeding stock and its offspring lost by the breeder association; and (d) with respect to each member of the breeder association: (i) the breeding stock placed with a custom feeder; (ii) the name and location of the custom feeder with whom the breeding stock are placed; (iii) payment of custom feeding bills; (iv) an annual physical inventory; and (v) the amount of the member s deposit in the association s breeder assurance fund. Reports by lender 20 For the purposes of section 56 of the Act, every lender shall include in the report required pursuant to that section a record of: (a) all advances made to breeder associations; (b) the names of the breeder associations to which the advances were made and the dates of those advances; (c) the loan balance outstanding with respect to each breeder association that has received an advance; (d) the accrued interest on those advances; (e) with respect to each member for which a breeder association has received an advance from that lender, the amount of the loans authorized to be guaranteed pursuant to these regulations with respect to that member; and (f) total amount of assurance funds on deposit for each breeder association. Deposits to breeding stock assurance fund 21(1) For the purposes of section 59 of the Act but subject to subsection (2) of this section, when a breeder association borrows money for the purchase of breeding stock for a breeder, the breeder shall deposit with the association s breeding stock assurance fund an amount equal to 10% of the money borrowed. (2) Subject to subsection (4), if, at the time the breeder association borrows money on behalf of a breeder, any amount stands to the credit of the breeder in the association s breeding stock assurance fund in excess of 10% of the advances outstanding for that breeder, including interest, that amount may be applied to the 10% deposit required pursuant to subsection (1).

11 THE SASKATCHEWAN GAZETTE, MARCH 9, (3) Before entering into any new breeder agreements after a payment is made out of the association s breeding stock assurance fund for the purpose mentioned in clause 59(2)(b) of the Act, a breeder association shall require all of its breeder members to deposit sufficient funds with the association s breeding stock assurance fund to replenish the assurance fund to 10% of all outstanding advances for all breeder members. (4) Subsection (2) does not apply if: (a) a breeder wishes to enter into new breeder agreements with the breeder association after a payment is made out of the association s breeding stock assurance fund for the purpose mentioned in clause 59(2)(b) of the Act; and (b) the breeder association or the lender requires the breeder to make a deposit to the association s breeding stock assurance fund in accordance with subsection (1) with respect to all new advances for the breeder, until all advances outstanding at the time the breeder association recommences operations have been paid. Refund of deposits 22(1) In this section, prorated share means an amount based on the amount of a breeder s deposit in the association s breeding stock assurance fund: (a) as a proportion of the total deposits to the assurance fund; and (b) calculated at the time the claim against the assurance fund is made. (2) For the purposes of subsection 59(4) of the Act but subject to subsections (3) and (4) of this section, if a breeder resigns from a breeder association and is not in default with respect to any advance, the breeder association shall refund to the breeder, within the period set out in subsection (7), the deposits made by the breeder pursuant to subsection 21(1) less any amount deducted pursuant to subsection (10). (3) No breeder association that has a due or an overdue account with a lender shall refund to the breeder the deposits made by the breeder pursuant to subsection 21(1). (4) If a breeder who is not in default with respect to any advance resigns from a breeder association that has paid a due or an overdue account to a lender out of the association s breeding stock assurance fund, the breeder association shall refund to the breeder, within the period set out in subsection (7), an amount equal to that breeder s prorated share at the time of resignation, less any amount deducted pursuant to subsection (10). (5) Subject to subsections (3) and (4), if a breeder who is not in default with respect to any advance remains a member of a breeder association but has been inactive in the affairs of the breeder association for 90 days or more, the breeder association may refund to that breeder the deposits made by that breeder pursuant to subsection 21(1), less any amount deducted pursuant to subsection (10), any time after the expiration of the 90-day period.

12 108 THE SASKATCHEWAN GAZETTE, MARCH 9, 2007 (6) Subject to subsections (3) and (4), if a breeder who is not in default with respect to any advance remains a member of a breeder association and has outstanding breeder agreements with the breeder association, and if the breeder association, on behalf of that breeder, has repaid any advance or advances made pursuant to one or more breeder agreements, the breeder association may refund to that breeder, any time after 90 days from the date the advance was repaid, the deposits made by that breeder pursuant to subsection 21(1) relating to those repaid advances, less: (a) any deposit applied to new advances in accordance with subsections 21(2) and (4); and (b) any amount deducted pursuant to subsection (10). (7) Subject to subsections (8) and (9), if a breeder association makes a refund pursuant to subsection (2) or (4), the breeder association shall make the refund not less than 90 days after nor more than 105 days after the day on which the breeder resigns. (8) Subject to subsection (9), if a breeder was inactive in the breeder association immediately before resigning, the breeder association must reduce the number of days mentioned in subsection (7) by the number of days that the breeder was inactive. (9) Any reduction in the number of days pursuant to subsection (8) must not: (a) result in a negative number of days; or (b) give the breeder association less than 15 days from the day the breeder resigns to make the refund. (10) If a breeder association makes a refund pursuant to this section, the breeder association may deduct from the refund: (a) any amount owing to the breeder association by the breeder, including any amount owing to the association by the breeder pursuant to: (i) a bison feeder agreement, as defined in The Bison Feeder Associations Loan Guarantee Regulations; (ii) a cattle breeder agreement, as defined in The Cattle Breeder Associations Loan Guarantee Regulations, 1991; or (iii) a cattle feeder agreement, as defined in The Cattle Feeder Associations Loan Guarantee Regulations, 1989; and (b) any costs, fees or expenses incurred by the breeder association with respect to that breeder. Prorating among agreements 23(1) In this section: (a) bison means breeding stock and bison as defined in The Bison Feeder Associations Loan Guarantee Regulations; (b) feeder agreement means a feeder agreement as defined in The Bison Feeder Associations Loan Guarantee Regulations.

13 THE SASKATCHEWAN GAZETTE, MARCH 9, (2) A breeder association may prorate bison, or the proceeds of the sale of bison, among different breeder agreements and feeder agreements if the bison that are the subject of a breeder agreement: (a) have been kept with bison that are the subject of other breeder agreements or feeder agreements with the breeder association; and (b) in the breeder association s opinion, are not uniquely identified to any particular breeder agreement or feeder agreement. Coming into force 24 These regulations come into force on the day on which they are filed with the Registrar of Regulations. CHAPTER T-18.1 REG 4 The Traffic Safety Act Section 287 Order in Council 104/2007, dated February 27, 2007 (Filed February 28, 2007) Title 1 These regulations may be cited as The Vehicle Impoundment (Public Order) Regulations, Interpretation 2(1) In these regulations: (a) Act means The Traffic Safety Act; (b) Form means a Form as set out in the Appendix; (c) tow truck operator means a person who operates a towing vehicle or a tow truck. (2) For the purposes of these regulations and Division 3 of Part XV of the Act, owner means the person in whose name a motor vehicle is registered pursuant to the laws of the jurisdiction in which the motor vehicle is registered. Notice of seizure 3 The prescribed form of a notice of seizure and impoundment or immobilization pursuant to Division 3 of Part XV of the Act is Form A. Service of notice of seizure 4 If a peace officer seizes a motor vehicle pursuant to section 174 of the Act, the peace officer shall serve the notice of seizure and impoundment or immobilization on the driver and the owner of the motor vehicle: (a) personally; or (b) by registered mail.

14 110 THE SASKATCHEWAN GAZETTE, MARCH 9, 2007 Prescribed fees, costs and charges for garage keeper 5(1) A garage keeper who impounds or immobilizes a motor vehicle pursuant to section 175 of the Act is entitled to the fees, costs and charges set out in The Vehicle Impoundment (Unauthorized Driver) Regulations, (2) For the purposes of subsection (1), the provisions respecting fees, costs and charges in The Vehicle Impoundment (Unauthorized Driver) Regulations, 2006 apply, with any necessary modifications, to garage keepers who impound or immobilize a motor vehicle pursuant to section 175 of the Act. Duties of garage keeper 6 A garage keeper who impounds or immobilizes a motor vehicle, or a tow truck operator who assists the garage keeper for the purpose of impounding or immobilizing a motor vehicle pursuant to Division 3 of Part XV of the Act, shall make an inventory of the motor vehicle s contents and a report on the condition of the motor vehicle in Form B. Prescribed maximum amount - section 175 of the Act 7 For the purposes of clause 175(4)(a) of the Act, the prescribed maximum amount is the total amount of the fees, costs and charges prescribed pursuant to section 5 relating to the impoundment or immobilization of the motor vehicle by the garage keeper for the period: (a) commencing on the date of the seizure; and (b) ending on the tenth day following the day on which the garage keeper receives the certificate of the designated official authorizing the garage keeper to release the motor vehicle. Report and return of garage keeper - sale of motor vehicle 8 Within 14 days after selling a motor vehicle pursuant to section 176 of the Act, the garage keeper who sold the motor vehicle shall make a return to the designated official in Form C. Application of proceeds of sale 9(1) If a garage keeper sells a motor vehicle pursuant to section 176 of the Act, the garage keeper shall apply the proceeds of the sale to the satisfaction of any lien that the garage keeper has pursuant to subsection 175(2) of the Act. (2) If, after applying the proceeds of a sale in the manner prescribed in subsection (1), any excess remains, the garage keeper shall forward the excess to the designated official. (3) If the designated official receives money pursuant to subsection (2), the designated official shall: (a) apply the money towards the satisfaction of: (i) first, any security interest or other interest perfected against the motor vehicle pursuant to The Personal Property Security Act, 1993; and (ii) second, any outstanding fees incurred by the designated official as a result of the seizure and impoundment or immobilization of the motor vehicle; and

15 THE SASKATCHEWAN GAZETTE, MARCH 9, (b) except if clause 186(2)(b) of the Act applies or if any charge for a proscribed offence against a person who was in the motor vehicle at the time it was seized has not been disposed of, forward any balance remaining to the owner of the motor vehicle. (4) Notwithstanding subsection (3), the designated official is not required to refund any amount pursuant to clause (3)(b) unless the amount exceeds $1. Prescribed value of motor vehicle 10 For the purposes of Division 3 of Part XV of the Act, the prescribed value of a motor vehicle is the fair market value of the motor vehicle as determined by the designated official. Declaration by garage keeper 11(1) For the purposes of clause 177(2)(b) of the Act, the statutory declaration by a garage keeper declaring that the amount of the lien arising out of the seizure and impoundment or immobilization exceeds the garage keeper s estimate of the value of the motor vehicle is to be in Form D. (2) For the purposes of clause 177(6)(a) of the Act, the administrator shall apply the refund towards satisfaction of: (a) first, any lien that the garage keeper has pursuant to subsection 175(2) of the Act; (b) second, any security interest or other interest perfected against the motor vehicle pursuant to The Personal Property Security Act, 1993; and (c) third, any outstanding fees incurred by the designated official as a result of the seizure and impoundment or immobilization of the motor vehicle. Prescribed interest rate - amounts owing by owner to designated official 12 For the purposes of clause 178(4)(c) of the Act, the prescribed interest rate is the interest rate in effect pursuant to The Pre-judgment Interest Act. Application to justice for release of a motor vehicle 13(1) A person who applies to a justice pursuant to Division 3 of Part XV of the Act for the release of a motor vehicle that has been seized and impounded or immobilized shall: (a) apply in Form E; and (b) pay a fee of $100. (2) A person making an application mentioned in subsection (1) shall deliver the application and the fee to the office of the Provincial Court of Saskatchewan nearest to the location where the motor vehicle was seized. (3) The clerk of the Provincial Court of Saskatchewan who receives an application and a fee pursuant to subsection (2) shall advise the applicant of the date, time and location for hearing the application.

16 112 THE SASKATCHEWAN GAZETTE, MARCH 9, 2007 Procedure on application to justice for release of motor vehicle 14(1) At the hearing of an application to a justice pursuant to Division 3 of Part XV of the Act: (a) the applicant and any witness providing evidence for the applicant shall appear in person unless the justice is satisfied that it would be in the public interest to allow the applicant or the witness to provide evidence by telephone; and (b) if requested by the justice to do so or if the designated official is of the opinion that given the circumstances of a particular application it would be appropriate to do so, the designated official may provide evidence in person or by telephone. (2) For the purposes of a hearing mentioned in subsection (1), the designated official shall file with the office of the Provincial Court of Saskatchewan to which the application was delivered a written report that includes the following information: (a) the information mentioned in subsection 180(4) of the Act; (b) information in the records of the administrator respecting any other motor vehicles registered to: (i) the applicant, if other than the owner; (ii) the owner; (iii) the driver; (iv) any other person who was in the motor vehicle when it was seized; and (v) a member of the immediate family of any of persons mentioned in subclauses (i) to (iv); (c) the criminal record for any proscribed offence of the driver and any other person who was in the motor vehicle when it was seized; (d) a record of any previous seizures of motor vehicles pursuant to Division 3 of Part XV of the Act involving any of the persons mentioned in clause (b); and (e) any other information that, in the opinion of the designated official, would be of assistance to the justice in deciding the application. (3) On the request of the applicant to a clerk of the Provincial Court of Saskatchewan, a copy of a report filed pursuant to subsection (2) is to be provided, without charge, to the applicant. (4) The justice may adjourn the application: (a) to allow the applicant or the designated official time to obtain further information;

17 THE SASKATCHEWAN GAZETTE, MARCH 9, (b) if evidence is being provided by telephone and the justice determines that the taking of evidence by telephone is unsatisfactory, to allow the person giving evidence by telephone to appear in person before the justice; or (c) if the justice considers it is necessary to determine the application. (5) If the applicant fails to appear at the hearing, the justice may consider the application in the absence of the applicant. Applications to designated official for release 15 A person who applies to the designated official for release of a motor vehicle pursuant to Division 3 of Part XV of the Act shall: (a) apply in the form provided by the designated official; and (b) subject to section 19, pay the designated official a fee of $50. Application for certificate authorizing garage keeper to release a motor vehicle 16(1) If a justice, a peace officer or the designated official authorizes the release of a motor vehicle pursuant to Division 3 of Part XV of the Act, the owner or a person authorized by the owner shall, subject to section 19, pay a release fee of $50: (a) to the designated official; or (b) at any office of the Provincial Court of Saskatchewan. (2) A garage keeper shall not release a motor vehicle that was seized and impounded or immobilized pursuant to Division 3 of Part XV of the Act without first obtaining a certificate of the designated official issued pursuant to this section. (3) The designated official shall issue a certificate authorizing the garage keeper to release the motor vehicle on receipt of: (a) if the release fee was paid to the designated official pursuant to clause (1)(a), the release fee; or (b) if the release fee was paid at an office of the Provincial Court of Saskatchewan pursuant to clause (1)(b), proof satisfactory to the designated official of payment of the release fee. Required deposit by owner for release of motor vehicle 17 On an application for release pursuant to section 182 of the Act, the owner shall deposit with the designated official either of the following: (a) cash, a certified cheque or a money order payable to the Minister of Finance in an amount equal to the fair market value of the motor vehicle as determined by the designated official; (b) an irrevocable letter of credit payable to the Minister of Finance in an amount equal to the fair market value of the motor vehicle as determined by the designated official.

18 114 THE SASKATCHEWAN GAZETTE, MARCH 9, 2007 When designated official may release motor vehicle - prescribed circumstances 18 For the purposes of section 184 of the Act, the following are prescribed circumstances: (a) an application is made to the designated official by a secured party for release of a motor vehicle against which the secured party registered a security interest pursuant to The Personal Property Security Act, 1993 before the date on which the motor vehicle was seized; (b) an application is made to the designated official by an owner for release of a motor vehicle that the owner had reported to the police as a stolen motor vehicle before the seizure of the motor vehicle; (c) the designated official is satisfied that the motor vehicle was seized in error; (d) the designated official is satisfied that no person who was in the motor vehicle at the time it was seized will be charged with a proscribed offence arising out of the circumstances leading to the seizure. When designated official may pay garage keeper s fees 19 If the designated official authorizes the release of a motor vehicle pursuant to Division 3 of Part XV of the Act, the designated official may: (a) pay the fees, costs and charges that the garage keeper is entitled to pursuant to Division 3 of Part XV of the Act and these regulations; and (b) exempt the person applying for release of the motor vehicle pursuant to Division 3 of Part XV of the Act or a certificate authorizing release of the motor vehicle pursuant to section 16 from paying the fee prescribed in those sections. Personal property that may be removed 20 For the purposes of subsection 187(3) of the Act, the following types of personal property are prescribed as personal property that may be removed from a motor vehicle: (a) child restraint systems; (b) infant restraint systems; (c) booster cushions; (d) devices for the use of the handicapped. R.R.S. c.h-3.1 Reg 19 repealed 21 The Vehicle Impoundment (Public Order) Regulations are repealed. Coming into force 22 These regulations come into force on the day on which they are filed with the Registrar of Regulations.

19 THE SASKATCHEWAN GAZETTE, MARCH 9, Appendix FORM A Notice of Seizure and Impoundment or Immobilization [Section 3] POLICE FILE NO. THIS VEHICLE MAY ONLY BE RELEASED ON RECEIPT OF A CERTIFICATE SIGNED BY THE DESIGNATED OFFICIAL DRIVER INFORMATION Name of Driver: (Last Name) (First Name) (Initial) Date of Birth: Driver s Licence No.: Saskatchewan: OR Other Jurisdiction: (Province/State) (Number) Address: (Street or Box Number) (City) (Province/State) (Postal Code) (Telephone) NAME OF OTHER PERSONS IN MOTOR VEHICLE AT TIME OF SEIZURE Name: (Last Name) (First Name) (Initial) Date of Birth: Driver s Licence No.: Saskatchewan: OR Other Jurisdiction: (Province/State) (Number) Address: (Street or Box Number) (City) (Province/State) (Postal Code) (Telephone) VEHICLE INFORMATION Licence Plate or Certificate Number: Issuing Province/State: Year: Colour: Make/model: V.I.N.: Registered Owner: Same as driver: OR Name of Registered Owner: (Last Name) (First Name) (Initial) Address: (Street or Box Number) (City) (Province/State) (Postal Code) Date of Birth: Telephone: THE UNDERSIGNED PEACE OFFICER HAS REASONABLE GROUNDS TO BELIEVE THAT THE ABOVE-NOTED MOTOR VEHICLE WAS BEING DRIVEN IN THE COURSE OF COMMITTING AN OFFENCE UNDER SECTION 211, 212 OR 213 OF THE CRIMINAL CODE (CANADA), AND HAS THEREFORE SEIZED THE MOTOR VEHICLE.

20 116 THE SASKATCHEWAN GAZETTE, MARCH 9, 2007 The following individuals have been charged with the following offences: The motor vehicle was seized at: (Location) on:, at : hours (Date and Time of Seizure) The motor vehicle is to be impounded by: (Business Name) at (Address of Business Impounding Vehicle) Dated this day of,. (Peace Officer) (Detachment or Service) ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 1 Police 2 Garage Keeper 3 Registered Owner 4 Driver 5 Designated Official

21 THE SASKATCHEWAN GAZETTE, MARCH 9, FORM A REVERSE CONDITIONS The vehicle will be impounded regardless of who owns the vehicle. Once the vehicle is impounded the licence plates on the vehicle cannot be cancelled or transferred to another vehicle. APPLICATION FOR RELEASE FROM IMPOUNDMENT A The owner can apply to the Designated Official for release of the vehicle from impoundment. Applications for release can be obtained from the police officer who seized the vehicle, from the Designated Official or from any office of the Provincial Court of Saskatchewan. The vehicle may be released, on payment of the $50 application fee, in the following situations: 1 The Designated Official is satisfied that every person who was in the vehicle when it was seized has enrolled in an approved prostitution offender program. 2 Money or security equal to the value of the vehicle has been deposited with the Designated Official. 3 The application is made by a person who registered a security interest against the vehicle before it was seized. 4 The Designated Official is satisfied that the vehicle was stolen. 5 The Designated Official is satisfied that the vehicle was seized in error. 6 The Designated Official is satisfied that no person who was in the motor vehicle at the time it was seized will be charged with a proscribed offence arising out of the circumstances leading to the seizure. B The owner (or other person affected by the impoundment) can also apply to the court for release of the vehicle from impoundment. Applications for release of a vehicle can be filed at the Provincial Court House nearest to the location where the vehicle was seized, upon payment of the $100 application fee and presentation of this notice of seizure. A hearing will be set up within 10 business days. Results of the hearing whether or not the vehicle will be released will be provided by telephone. The vehicle may be released in the following situations: 1 The driver was in possession of the vehicle without the owner s knowledge and consent. 2 The owner could not have reasonably known that the vehicle was being driven in the course of committing an offence under section 211, 212 or 213 of the Criminal Code. 3 The continued impoundment would pose a serious threat to the health of any person. 4 The continued impoundment would cause extreme hardship for person(s) other than a person who was in the vehicle when it was seized. 5 There are other grounds justifying release and it is not contrary to the public interest to release the vehicle. RELEASE COST If release is granted, the owner must obtain a Certificate Authorizing Release. The $50 release fee may be paid at any office of the Provincial Court of Saskatchewan by certified cheque, money order or cash. Payments may also be made by debit card, MasterCard or Visa at some offices of the Provincial Court of Saskatchewan. The garage keeper who impounded the vehicle will be authorized to release the vehicle on receiving from the Designated Official a Certificate Authorizing Release. All towing and storage costs must be paid to the garage keeper before the vehicle can be released. For more information, please call UNDER THE TRAFFIC SAFETY ACT [subsection 187(2)] no person shall remove the licence plates from a motor vehicle, or attempt to transfer the licence plates, or transfer the ownership, or transfer or cancel the registration of a motor vehicle seized and impounded or immobilized. UNDER THE TRAFFIC SAFETY ACT [subsection 187(3)] no person shall remove personal property that is attached to a motor vehicle or that is connected with the operation of a motor vehicle that has been seized and impounded or immobilized, other than child restraint systems, infant restraint systems, booster cushions and devices for the use of the handicapped.

22 118 THE SASKATCHEWAN GAZETTE, MARCH 9, 2007 FORM B Inventory and Report [Section 6 ] Owner s Name: Address: Driver s Name: Address: Plate Number: Province/State: Year: Make/Model: VIN: Colour: Yes No Yes No Condition Windshield Wipers Keys L.F. Tire Rear view mirror Registration R.F. Tire Side view mirror Spotlight(s) L.R. Tire Cassette player Fog Light(s) R.R. Tire Radio Battery Spare Tire Aerial Gas cap Fender CD Player Beauty rims Body Car Warmer Hub caps Roof CDs/Cassettes Jack Hood Radar Detector Headlights Grill Child Car Seats Tail Lights Bumper (front) Upholstery Roof rack Bumper (rear) Seat Covers Hood ornament Remarks: (other equipment, tools, condition of glass, contents of glove box and trunk, etc.) Odometer Reading: Gas Gauge Reading: Towing Charges: $ Towing Company Name: Address: Location and Postal Code: Driver s/owner s Signature Tow Truck Operator s Signature Location of Impoundment Garage Name: Location: Garage Keeper s Signature: ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 1 Designated official 2 Garage Keeper 3 Owner/Operator 4 Tow Truck Operator

23 THE SASKATCHEWAN GAZETTE, MARCH 9, FORM C Report and Return of Garage Keeper Sale [Section 8] STATUTORY DECLARATION OF VEHICLE IMPOUNDMENT I,, of, carrying on the business of garage keeper at, (address) DO SOLEMNLY DECLARE: with respect to the following vehicle: Year Make/Model: VIN: Plate Number: Province of Issue: This vehicle was sold/disposed of on, for the amount of $. (Date) Attached is a copy of the bill of sale and the vehicle licence plates. The towing cost for this vehicle is $ ; towed by (Company Name). (Address) The storage cost for the above vehicle is $ ; stored by (Company Name) (Address) I MAKE THIS SOLEMN DECLARATION conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act. Declared before me at Saskatchewan this day of, Garage keeper s Signature A Commissioner for Oaths in and for Saskatchewan My Appointment expires,. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 1 Designated official 2 Garage Keeper

24 120 THE SASKATCHEWAN GAZETTE, MARCH 9, 2007 Form D Declaration of Garage Keeper [Section 11] STATUTORY DECLARATION I,, of carrying on the business of a garage keeper at, DO SOLEMNLY DECLARE, with respect to the following vehicle: Year, Make/Model: VIN: Plate Number: Province of Issue: 1 THAT by reason of subsection 175(2) of The Traffic Safety Act, I have a lien on the above vehicle for (specify, e.g. towing and/or storage) 2 THAT my lien is, as at the day of,, in the amount of $. 3 THAT in my opinion the vehicle is worth no more than $. 4 THAT attached is a copy of the lien search done through The Personal Property Security Act, I MAKE THIS SOLEMN DECLARATION conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act. Declared before me at Saskatchewan this day of, A Commissioner for Oaths in and for Saskatchewan Garage keeper s Signature My Appointment expires,. REQUEST FOR CONSENT TO SALE I,, having solemnly declared the contents of the above Statutory Declaration, request the consent of the designated official to the sale of the above vehicle at public auction pursuant to subsection 176(1) of The Traffic Safety Act. DISPOSITION BY DESIGNATED OFFICIAL The designated official consents to consent to the sale of the above vehicle. The designated official declines to consent to the sale of the above vehicle. (Signature of Designated Official) (Date) ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 1-2 Designated official 3 Garage keeper

25 THE SASKATCHEWAN GAZETTE, MARCH 9, FORM E Application to Justice for Release of Motor Vehicle [Clause 13(1)(a)] This is an application for release of a motor vehicle that was seized pursuant to Division 3 of Part XV of The Traffic Safety Act (a copy of Form A, Notice of Seizure and Impoundment or Immobilization, is attached). Note: An application fee of $100 must accompany this application. Payment may be made by certified cheque, money order or cash. Payments may also be made by debit card, MasterCard or Visa at some offices of the Provincial Court of Saskatchewan. I am the owner of the motor vehicle: Yes No (If not the owner, explain interest in vehicle) (Signature of Applicant) (Date) Name of Applicant: Address: Telephone Number: FOR OFFICIAL USE ONLY Date Application Fee Received Office of Provincial Court Receiving Fee Fax to Designated Official at (306) HEARING OF AN APPLICATION FOR RELEASE OF MOTOR VEHICLE For the use of the Provincial Court Clerk: Date and time of hearing: Place of hearing: Method used to advise applicant of date, time and place of hearing: DISPOSITION OF APPLICATION Designated official is ordered to release motor vehicle: Yes No Designated official is ordered to return application fee: Yes No (Signature of Court Clerk) (Signature of Justice or Court Clerk) (Date) NOTICE TO APPLICANT RIGHT OF APPEAL A person who is dissatisfied with this decision may appeal this decision to a judge of the Court of Queen s Bench, within 30 days of this decision. CERTIFICATE AUTHORIZING RELEASE If release of the vehicle is authorized, a Certificate Authorizing Release by Garage Keeper will be issued by the Designated Official on payment of the release fee of $50. You may pay the fee at any office of the Provincial Court in Saskatchewan by certified cheque, money order or cash. Payments may be made by debit card, MasterCard or Visa at some offices of the Provincial Court of Saskatchewan. The Certificate Authorizing Release by Garage Keeper will be faxed directly to the Garage Keeper after the Designated Official receives confirmation of payment of the issuance fee. FOR OFFICIAL USE ONLY Date $50 Release Fee Received Office of Provincial Court Receiving Fee Fax to Designated Official at (306)