Record of convictions and assessment of points
297(1)The Registrar shall maintain a record of
(a)
the convictions of each driver and of each non-resident driver of offences under this Act or the regulations, or of any of the offences under the
Criminal Code (Canada) or under other Acts referred to in subsection (2), or of violations of local by-laws involving the use of a motor vehicle in motion,
(b)
the orders directing discharge of each driver and of each non-resident driver under subsection 255(5) of the
Criminal Code (Canada), as that subsection read before the date that subsection 320.23(1) of that Act came into force,
(c)
the convictions and orders of which the Registrar has received records pursuant to an agreement entered into under section 307.1, and
(d)
the convictions and orders referred to in section 307.
297(1.1)The Registrar shall keep the following records for a period of ten years in respect of each driver and each non-resident driver:
(a)
a conviction for an offence under sections 310.01, 310.02, 310.021 and 310.04;
(b)
a conviction entered against the person for an offence under sections 253 and 254 of the
Criminal Code (Canada), as those sections read before the date that sections 320.14 and 320.15 of that Act came into force; and
(c)
a conviction entered against the person for an offence under subsections 320.14(1) and (4) and subsection 320.15(1) of the
Criminal Code (Canada).
297(2)The Registrar shall assess against each driver and each non-resident driver for each conviction or each order a number of points as follows:
(a)
upon conviction of an offence under paragraph 346(1)(
a) or (
c), 6 points;
(b)
upon conviction of an offence under the
Criminal Code (Canada) involving the use of a motor vehicle, 10 points;
(b.1)
upon an order directing discharge under subsection 255(5) of the
Criminal Code (Canada), as that subsection read before the date that subsection 320.23(1) of that Act came into force, 10 points;
(b.2)
upon conviction of an offence under subsection 4(1) or (2) or 7(5) or (6) of the
Transportation of Dangerous Goods Act, 5 points;
(c)
upon conviction of any offence under this Act or the regulations involving the use of motor vehicle in motion, 3 points;
(d)
upon conviction of any offence under this Act or the regulations involving the equipment of a vehicle 2 points;
(d.1)
upon conviction of an offence under paragraph 84(4)(
a), (
b), (
c) or (
c.1) or subparagraph 84(5)(
a)(i),(ii) or (iii) or paragraph 84(5)(
b), 3 points;
(d.2)
upon conviction of an offence under paragraph 84(4)(d) or (e) or (5)(c) or (d) or subsection 310.02(13), 10 points;
(d.3)
upon conviction of an offence under paragraph 84.11(3)(
a), (
b) or (
c), 3 points;
(d.4)
upon conviction of an offence under paragraph 84.11(3)(d) or (e) or subsection 310.021(14), 10 points;
(e)
upon conviction of an offence under section 130 for failure to report an accident, 5 points;
(f)
upon conviction of an offence under paragraph 140(1.1)(
a), 3 points;
(g)
upon conviction of an offence under paragraph 140(1.1)(
b) or (
c), 5 points;
(g.001)
upon conviction of an offence under paragraph 140(1.1)(d), 6 points;
(g.01)
upon conviction of an offence under paragraph 140.1(5)(
a), 3 points;
(g.02)
upon conviction of an offence under paragraph 140.1(5)(
b) or (
c), 5 points;
(g.03)
upon conviction of an offence under paragraph 142.01(6)(
a), 3 points;
(g.04)
upon conviction of an offence under paragraph 142.01(6)(
b) or (
c), 5 points;
(g.1)
upon conviction of an offence under subsection 142.1(2), 3 points;
(g.2)
on conviction of an offence under subsection 188(1), 6 points;
(h)
upon conviction of an offence under subsection 192(1) for unlawful parking with view obstructed, 3 points;
(i)
upon conviction of an offence under sections 193, 194 and 195 for unlawful parking without view obstructed, 2 points;
(i.1)
upon conviction of an offence under subsection 200.1(3), 2 points;
(i.2)
upon conviction of an offence under paragraph 207.1(4)(
a) or (
b), 2 points;
(j)
upon conviction of an offence under a local by-law involving use of a motor vehicle in motion, 3 points;
(k)
upon conviction of an offence under section 265.02, 5 points;
(l)
upon conviction of an offence under subsection 265.04(1), 5 points.
297(2.1)Notwithstanding subsection (2), the Registrar shall not assess any points upon conviction of an offence in relation to section 200.1, other than an offence under subsection 200.1(3).
297(2.2)Despite subsection (2), the Registrar shall not assess any points against the owner of a motor vehicle on conviction of an offence under subsection 188(1) when evidence is obtained through the use of an automated school bus camera system.
297(3)Where three or more points are assessed against the record of any driver he shall be given a written warning by the Registrar.
297(4)Where seven or more but fewer than ten points are assessed against the record of a driver, the Registrar shall send to the driver a written warning advising the driver of the loss of points and advising the driver of the need to improve the driver’s driving habits.
297(4.1)Repealed: 1992, c.37, s.2
297(5)In the case of a non-resident driver the Registrar shall notify the official responsible for the administration of motor vehicle laws in the place of residence of such non-resident of each conviction of such non-resident, and the number of points assessed against the record of that non-resident in the Province.
1955, c.13, s.269; 1956, c.19, s.26; 1957, c.21, s.28; 1960, c.53, s.48; 1961-62, c.62, s.103; 1970, c.34, s.18; 1973, c.59, s.1; 1977, c.32, s.29; 1977, c.M-11.1, s.17; 1981, c.48, s.17; 1982, c.3, s.47; 1983, c.52, s.32; 1985, c.34, s.28; 1986, c.56, s.15; 1988, c.66, s.14; 1992, c.37, s.2; 1993, c.5, s.18; 1994, c.31, s.18; 1994, c.69, s.5; 1997, c.62, s.15; 1998, c.30, s.24; 2001, c.30, s.15; 2007, c.44, s.15; 2008, c.33, s.7; 2010, c.33, s.3; 2014, c.44, s.9; 2016, c.8, s.6; 2017, c.54, s.5; 2017, c.54, s.29; 2020, c.2, s.10; 2023, c.8, s.1