Airport Personal Property Disposal Regulations (C.R.C., c. 1563)

Short Title

1 These Regulations may be cited as the Airport Personal Property Disposal Regulations.

Interpretation

2 In these Regulations,

abandoned vehicle

abandoned vehicle means a vehicle, other than a derelict vehicle, that has been abandoned at an airport or otherwise remains unclaimed at an airport for a period of not less than 30 days; (véhicule abandonné)

airport

airport means an airport or aerodrome under the administration and control of the Minister of Transport; (aéroport)

Airport Manager

Airport Manager means the Department of Transport official in charge of the airport or his duly authorized representative; (directeur)

Department

Department means the Department of Transport; (ministère)

derelict vehicle

derelict vehicle means a vehicle, other than an abandoned vehicle, that

• (a) has been abandoned at an airport or otherwise remains unclaimed at an airport for a period of not less than 14 days, and

• (b) has a market value less than $200; (épave)

owner

owner, with respect to a motor vehicle, means a person who holds legal title to it or a person in whose name it is registered or is required to be registered by the laws of a province and includes a conditional purchaser, lessee or mortgagor who is entitled to or is in possession of the motor vehicle; (propriétaire)

personal property

personal property means all property, other than a vehicle, not owned by Her Majesty; (biens personnels)

Regional Administrator

Regional Administrator means the Regional Administrator, Canadian Air Transportation Administration, who has jurisdiction over the airport in question; (administrateur régional)

vehicle

vehicle means a self-powered device in, on or by which a person or property is or may be transported or drawn upon a road, except a device used exclusively on stationary rails or tracks. (véhicule)

Personal Property

3 All personal property that has been lost or abandoned at an airport or that otherwise remains unclaimed at an airport shall, subject to reclamation by the owner thereof, be retained at the airport in the custody of the Airport Manager for a period of not less than 30 days and at the end of such period the Regional Administrator may dispose of that personal property, at his discretion, by one or more of the following methods:

• (a) by return to the finder, if the finder is not an employee of the Department;

• (b) by private sale or by sale at public auction;

• (c) by disposition, by gift or otherwise, to a charitable institution in Canada; or

• (d) by destruction where no other method of disposal is deemed appropriate.

Abandoned Vehicles

• 4 (1) Every abandoned vehicle shall, subject to reclamation by the owner, be retained at the airport in the custody of the Airport Manager for a period of not less than 90 days.

• (2) The Airport Manager shall, within the period referred to in subsection (1), send a notice by registered mail to the owner’s latest known address or place of business advising that, if the vehicle is not claimed within 30 days of the date of such notice, the Regional Administrator may dispose of the vehicle by sale at public auction.

Derelict Vehicles

• 5 (1) Any derelict vehicle shall, subject to reclamation by the owner, be retained at the airport in the custody of the Airport Manager for a period of not less than 30 days.

• (2) The Airport Manager shall, within the period referred to in subsection (1), send a notice by registered mail to the owner’s latest known address or place of business advising that, if the vehicle is not claimed within 20 days of the date of such notice, the Regional Administrator may dispose of the vehicle, at his discretion,

  • (a) by private sale;

  • (b) by sale at public auction; or

  • (c) by destruction.

Disposal of Vehicles

6 Where a notice has been sent pursuant to subsection 4(2) or 5(2) and the vehicle is not claimed within the time specified in the notice, the Regional Administrator may dispose of the vehicle by a method specified in the notice.

Proceeds of Sale

7 All proceeds realized from any sale pursuant to section 3, 4 or 5 shall be paid to the Receiver General.