Overview
The Registrar of Motor Vehicle Services has delegated the consideration of vehicle seizures under section 35 and 36 of the Traffic Safety Act to SafeRoads Alberta.
There are 2 options when you want to dispute a vehicle seizure. Depending on your circumstance you may apply as a driver under the Suspended Driver Vehicle Seizure Program or an affected person to dispute a vehicle seizure. There are different grounds for each review option.
Financial hardship and inconvenience are not grounds for cancellation of your Seizure Notice.
An adjudicator cannot consider arguments such as:
- you do not have the financial means to pay for the tow fees
- you need your vehicle to get to and from work
- you need your vehicle to take your kids to school or a family member to a medical appointment
Info sheets
Representation
If you choose to be represented by a lawyer or an agent, consent to representation is required. For ease of use, SafeRoads Alberta has a Consent to Representation form you can complete and upload to the SafeRoads portal. This form will be deemed an original.
Eligibility and costs
You have until 11:59 pm the day before the seized vehicle is scheduled to be released to apply for a vehicle seizure review.
Costs
- If you were the driver of the seized vehicle, you must pay a non-refundable application fee of $150.
- An affected person of a seized vehicle must pay a non-refundable application fee of $50.
- You are responsible for all costs associated with the vehicle seizure, including any tow lot fees or charges.
- If you choose to be represented by a lawyer or agent, you are responsible for any costs for the representative.
- If you use a translator, you are responsible for any costs for the translator.
How to apply
After you apply
The adjudicator will review the statements and supporting documents that you or your representative and the law enforcement agency provided within the required timelines to decide if your Seizure Notice should be confirmed or cancelled.
You will be notified by your preferred contact method when the adjudicator’s decision is available in the SafeRoads portal.
If your notice is cancelled
If your vehicle Seizure Notice is cancelled, a Seized Vehicle Release Authorization will be provided to the tow lot where your vehicle was impounded to release your vehicle. You will be responsible for all costs involved in the vehicle seizure.
Changing or abandoning a review
Judicial review
You may seek judicial review of a decision rendered by SafeRoads Alberta for a vehicle seizure by filing an application with the Court of King’s Bench of Alberta, in accordance with section 47.1 of the Traffic Safety Act and serving on the Registrar of Motor Vehicle Services no later than 30 days after the date on which the decision was received.
Traffic Safety Act, RSA 2000, c. T-6
Judicial review
47.1(1) Subject to sections 32 and 34 and subsection (2), no decision or order of the Registrar shall be questioned or reviewed in any court by application for judicial review or otherwise, and no order shall be made, process entered or proceedings taken in any court, whether by way of certiorari, injunction, declaratory judgment, prohibition, mandamus, quo warranto, application to quash or set aside or otherwise, to question, review, prohibit or restrain any decision or order of the Registrar or any of the Registrar’s proceedings.
(2) A decision or order of the Registrar may be questioned or reviewed by way of an application for judicial review seeking an order in the nature of certiorari or mandamus if the application is filed with the Court and served on the Registrar no later than 30 days after the date of the decision or order or the date a copy of the decision or order and reasons in respect of it have been received by the applicant, whichever is later.
(3) On an application for judicial review under subsection (2), the standard of review is reasonableness.
If you require additional information or support related to filing an application for judicial review, please contact Alberta Justice’s Court and Justice Services by calling 1-855-738-4747.
If you choose to file an originating application for judicial review with the Court of King’s Bench, the preferred method for serving filed documents is by email at [email protected]. Please note, this email is only for serving Court filed documents. Additional authorized methods of service can be found in Part 11 of the Alberta Rules of Court.