Table of contents

Overview

You may request an affected person application for relief of a vehicle seizure if you are the owner, that is different than the driver, as per Section 36(2) of the Traffic Safety Act by establishing one or more of the grounds set out in Section 11.1 of the Vehicle Seizure and Removal Regulation:

  • your vehicle was seized after being stolen or taken without your consent
  • your vehicle was seized and you could not have reasonably known the driver was suspended
  • the vehicle was being driven in the course of committing an Immediate Roadside Sanctions contravention, for example an employer or rental car agency

How to apply

To request an application for relief of a vehicle seizure, you must:

  • apply within 12 months of the issuance of the Seizure Notice online
  • select a preferred date your written review
  • provide your contact information for preferred method of contact
  • provide a written submission and supporting documents
  • agree to the terms and conditions
  • pay the non-refundable application fee of $50

Submit an affected person application for relief

Hardship is not considered a ground for review of a vehicle seizure.

Owners are responsible for all costs involved in the vehicle seizure. Applying for a review does not guarantee the return of your vehicle.

Representation

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If you choose to be represented by a lawyer or an agent, consent to representation is required. Enter the representative’s information and upload the completed Consent to Representation form (PDF, 2.4 MB) to the SafeRoads portal. This form will be deemed an original.

You are responsible for any costs for the representative.

Translator

You can use a translator for your written review submission if you need translation to the English language.

You must make arrangements for the translation and submission of your written review and are responsible for any costs for the translator.

Scheduling your review

After you submit your request for a review through the SafeRoads portal you will receive notification from SafeRoads Alberta by your preferred contact method within 2 business days with confirmation of your review date and time.

Any supporting documents, records, representations, arguments and evidence you want to have considered as part of your review must be submitted through the SafeRoads portal.

Uploading your supporting documents

All requests for an application of relief from an affected person require supporting documents which depends on the grounds for review (Section 11.1(3) and/or (4) of the Vehicle Seizure and Removal Regulation). This may mean you are required to provide one or more of the following supporting documents:

  • a rental agreement if the vehicle is a rental vehicle
  • a commercial driver’s abstract for the driver of the seized vehicle dated not more than one year from the date of occurrence if the vehicle is a commercial vehicle
  • proof that before driving the motor vehicle, the person driving the motor vehicle showed you an operator’s licence that was in their name, not expired and was the appropriate class to drive the vehicle
  • proof the driver is not the registered owner of the seized vehicle

It is recommended that you submit your supporting documents to the SafeRoads portal at the time of application so your review can be scheduled for the first available date.

SafeRoads Alberta will only accept supporting documents submitted through the SafeRoads portal. No other forms of submission will be accepted or considered as part of the review.

For more information about supporting document requirements including accepted file formats and sizes, please see SafeRoads support.

During the review

The adjudicator will consider all supporting documents provided by you or your representative and the law enforcement agency within the required timelines, as well as the Traffic Safety Act, the Provincial Administrative Penalties Act, and associated regulations in order to render their decision to confirm or cancel the Seizure Notice.

As all affected person applications for relief of a vehicle seizure are written, you or your representative do not attend the review.

After the review

After your review is complete, the adjudicator will make their decision to approve or deny your application for relief.

You will be notified by your preferred contact method when the adjudicator’s decision is available in the SafeRoads portal. The date that the decision is made available on the SafeRoads portal is considered the date the decision was provided to you in accordance with Section 22 of the Provincial Administrative Penalties Act.

If your application for relief is approved, a Seized Vehicle Release Authorization will be provided to the tow lot where your vehicle is impounded to release your vehicle.

If your preferred method of communication is by telephone, a copy of the decision will be delivered by mail to the preferred mailing address as identified in the SafeRoads portal. The Government of Alberta has no control of Canada Post delivery dates so you may receive the mailed copy of the decision after the 30 days.

Judicial review

You may seek judicial review of decisions rendered by SafeRoads Alberta by filing an application with the Court of Queen’s Bench of Alberta, in accordance with section 47.1 of the Traffic Safety Act.

If you wish to serve a copy of your Originating Application on the Director by email, visit Service of commencement documents on the Crown for more information.

Contact

Connect with SafeRoads Alberta:

SafeRoads Alberta contact form