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B.C. Reg. 87/91
O.C. 374/91
Deposited March 22, 1991
This consolidation is current to November 17, 2020.

Police Act

Police (Disposal of Property) Regulation

Contents
1Interpretation
2Disposal of property in custody
3Disposal of found property
4Disposal of unmarketable or perishable property
5Disposal of special property
6Holding period prior to disposal
7Disposal of property by Province
8Application of proceeds of sale
9No liability
10Title vests in new owner

Interpretation

1   In this regulation "commissioner" includes a person designated by the commissioner to act on behalf of the commissioner for the purposes of this regulation.

Disposal of property in custody

2   The provincial police force may, as provided by this regulation, dispose of stolen, abandoned or found personal property obtained in the course of performance of its duty where

(a) the provincial police force does not, after reasonable effort, identify the true owner, and

(b) a court of competent jurisdiction has not made an order in respect of the property.

Disposal of found property

3   The commissioner may

(a) return found property to the finder where the commissioner considers it to be in the interests of the administration of justice, or

(b) dispose of found property to the Province.

Disposal of unmarketable or perishable property

4   Where the commissioner considers that property in the possession of the provincial police force has no apparent marketable value or is perishable, the commissioner may, at any time, dispose of the property to the Province or otherwise.

Disposal of special property

5   Where the commissioner considers that property in the possession of the provincial police force is too inconvenient or expensive to keep, the commissioner may, at any time, dispose of the property to the Province.

Holding period prior to disposal

6   (1) Except as otherwise provided by this regulation, the commissioner may dispose of the property after it has been in the possession of the provincial police force for a minimum of 3 months.

(2) Where under subsection (1) the property, including money or negotiable securities, is valued over $5 000, the provincial police force shall hold the property for a minimum of 9 months.

(3) Where the commissioner proposes to dispose of property to the Province, the commissioner shall give 2 weeks notice to the Province.

Disposal of property by Province

7   Where the Province receives property from the provincial police force, the Province may dispose of the property by sale or otherwise.

Application of proceeds of sale

8   The Province shall hold the proceeds of a sale in trust, to the benefit of the rightful owner of the property sold, for a minimum of 6 months following the date of sale, after which time the Province shall apply the proceeds in the following manner:

(a) first, to recover the expense of the securement and preservation of the property and of its sale;

(b) second, to the payment of compensation, on the recommendation of and in an amount considered reasonable by the commissioner, to the person, if any, who surrendered the property to the custody of the provincial police force;

(c) third, to the payment of the remainder of the proceeds into the consolidated revenue fund as general revenue.

No liability

9   The Province, the provincial police force or an officer, employee or agent of either of them shall not be liable in damages or otherwise for or in respect of a claim concerning property that has been disposed of under this regulation.

Title vests in new owner

10   Good and sufficient title to property disposed of under this regulation to a person vests in that person, as against any other person who claims or might claim against the property.

[Provisions of the Police Act, R.S.B.C. 1996, c. 367, relevant to the enactment of this regulation: section 74 (2) (n)]