Acts and Regulations

M-17 - Motor Vehicle Act

Full text
Assessment of ten points
300(1)Subject to subsections (1.1), (2) and (2.1), when ten or more points are assessed against any driver or non-resident driver, the Registrar shall, if the driver or non-resident driver holds a licence, revoke his licence and suspend his driving privilege, or, if he does not hold a licence, suspend his driving privilege
(a) for a period of twelve months when the ten points are assessed for a conviction under section 220, 221, 320.13 or subsection 320.14(1), (2), (3) or (4) or subsection 320.15(1) of the Criminal Code (Canada),
(b) for a period of six months when the ten points are assessed for a conviction of any other offence under the Criminal Code (Canada) other than an offence under subsection 320.18(1) of the Criminal Code (Canada), involving the use of a motor vehicle,
(b.1) Repealed: 2017, c.54, s.30
(c) for a period of three months when the ten points are assessed for convictions for offences under this Act or the regulations thereunder, subsection 4(1) or (2) or 7(5) or (6) of the Transportation of Dangerous Goods Act or any local by-laws, or any of them, and
(d) Repealed: 1981, c.48, s.18
300(1.1)Repealed: 2001, c.30, s.16
300(2)The Registrar shall revoke the licence of a newly licensed driver, and shall suspend his driving privilege, for a period of three months, when he loses all the points credited to him under section 298.
300(2.1)When any points are assessed against an unlicensed driver or a non-resident unlicensed driver under subsection 297(2), the Registrar shall suspend his driving privilege for a period of three months.
300(3)The period of suspension shall commence on the tenth day following receipt by the Registrar of the report required by section 265, but where notice or record of a conviction has been received from outside the Province, the period of suspension in the Province shall commence on the date of the conviction.
300(3.1)Upon the Registrar being served with a certified copy of a notice of appeal against a conviction referred to in subsection 265(1), the Registrar
(a) shall not suspend the licence and driving privileges of the person, or
(b) shall reinstate the licence and driving privileges of the person convicted, if such licence and driving privileges have been suspended.
300(3.2)Where, after the final appeal of any conviction referred to in subsection 265(1), a person is as a result of the appeal convicted of the offence, any period of suspension served at any time from the conviction to the final appeal shall be taken into account with respect to the period of suspension imposed.
300(4)Notwithstanding subsection (3), where
(a) a licence is surrendered to a Court under subsection 308(1), or
(b) a person is prohibited by a Court from operating a motor vehicle upon a conviction in respect of any offence under the Criminal Code (Canada) involving the use of a motor vehicle,
and no sentence of imprisonment is imposed, the period of suspension shall commence on the date of the conviction.
1955, c.13, s.271; 1956, c.19, s.28; 1959, c.23, s.18, 19; 1960, c.53, s.49; 1961-62, c.62, s.105; 1969, c.55, s.12; 1970, c.34, s.19; 1972, c.48, s.1, 52, 53; 1974, c.31 (Supp.), s.1; 1975, c.38, s.5; 1977, c.32, s.30; 1978, c.39, s.21; 1980, c.34, s.18; 1981, c.48, s.18; 1985, c.34, s.29; 1986, c.56, s.17; 1987, c.38, s.16; 1990, c.8, s.4; 1993, c.5, s.19; 1994, c.31, s.19; 2001, c.30, s.16; 2002, c.32, s.17; 2017, c.54, s.30
Assessment of ten points
300(1)Subject to subsections (1.1), (2) and (2.1), when ten or more points are assessed against any driver or non-resident driver, the Registrar shall, if the driver or non-resident driver holds a licence, revoke his licence and suspend his driving privilege, or, if he does not hold a licence, suspend his driving privilege
(a) for a period of twelve months when the ten points are assessed for a conviction under section 220, 221, 249, 253 or 254 or subsection 255(2) or (3) of the Criminal Code (Canada),
(b) for a period of six months when the ten points are assessed for a conviction of any other offence under the Criminal Code (Canada) other than an offence under section 259 of the Criminal Code (Canada), involving the use of a motor vehicle,
(b.1) for a period of twelve months when the ten points are assessed upon an order directing discharge under subsection 255(5) of the Criminal Code (Canada),
(c) for a period of three months when the ten points are assessed for convictions for offences under this Act or the regulations thereunder, subsection 4(1) or (2) or 7(5) or (6) of the Transportation of Dangerous Goods Act or any local by-laws, or any of them, and
(d) Repealed: 1981, c.48, s.18
300(1.1)Repealed: 2001, c.30, s.16
300(2)The Registrar shall revoke the licence of a newly licensed driver, and shall suspend his driving privilege, for a period of three months, when he loses all the points credited to him under section 298.
300(2.1)When any points are assessed against an unlicensed driver or a non-resident unlicensed driver under subsection 297(2), the Registrar shall suspend his driving privilege for a period of three months.
300(3)The period of suspension shall commence on the tenth day following receipt by the Registrar of the report required by section 265, but where a notice or record of a conviction, or of an order directing discharge under subsection 255(5) of the Criminal Code (Canada), has been received from outside the Province, the period of suspension in the Province shall commence on the date of the conviction or order.
300(3.1)Upon the Registrar being served with a certified copy of a notice of appeal against a conviction or an order directing discharge referred to in subsection 265(1), the Registrar
(a) shall not suspend the licence and driving privileges of the person, or
(b) shall reinstate the licence and driving privileges of the person convicted or discharged, if such licence and driving privileges have been suspended.
300(3.2)Where, after the final appeal of any conviction or order directing discharge referred to in subsection 265(1), a person is as a result of the appeal convicted of the offence or discharged, any period of suspension served at any time from the conviction or order directing discharge to the final appeal shall be taken into account with respect to the period of suspension imposed.
300(4)Notwithstanding subsection (3), where
(a) a licence is surrendered to a Court under subsection 308(1), or
(b) a person is prohibited by a Court from operating a motor vehicle upon a conviction in respect of any offence under the Criminal Code (Canada), involving the use of a motor vehicle, or upon an order directing discharge under subsection 255(5) of the Criminal Code (Canada),
and no sentence of imprisonment is imposed, the period of suspension shall commence on the date of the conviction or the order directing discharge.
1955, c.13, s.271; 1956, c.19, s.28; 1959, c.23, s.18, 19; 1960, c.53, s.49; 1961-62, c.62, s.105; 1969, c.55, s.12; 1970, c.34, s.19; 1972, c.48, s.1, 52, 53; 1974, c.31 (Supp.), s.1; 1975, c.38, s.5; 1977, c.32, s.30; 1978, c.39, s.21; 1980, c.34, s.18; 1981, c.48, s.18; 1985, c.34, s.29; 1986, c.56, s.17; 1987, c.38, s.16; 1990, c.8, s.4; 1993, c.5, s.19; 1994, c.31, s.19; 2001, c.30, s.16; 2002, c.32, s.17
Assessment of ten points
300(1)Subject to subsections (1.1), (2) and (2.1), when ten or more points are assessed against any driver or non-resident driver, the Registrar shall, if the driver or non-resident driver holds a licence, revoke his licence and suspend his driving privilege, or, if he does not hold a licence, suspend his driving privilege
(a) for a period of twelve months when the ten points are assessed for a conviction under section 220, 221, 249, 253 or 254 or subsection 255(2) or (3) of the Criminal Code (Canada),
(b) for a period of six months when the ten points are assessed for a conviction of any other offence under the Criminal Code (Canada) other than an offence under section 259 of the Criminal Code (Canada), involving the use of a motor vehicle,
(b.1) for a period of twelve months when the ten points are assessed upon an order directing discharge under subsection 255(5) of the Criminal Code (Canada),
(c) for a period of three months when the ten points are assessed for convictions for offences under this Act or the regulations thereunder, subsection 4(1) or (2) or 7(5) or (6) of the Transportation of Dangerous Goods Act or any local by-laws, or any of them, and
(d) Repealed: 1981, c.48, s.18
300(1.1)Repealed: 2001, c.30, s.16
300(2)The Registrar shall revoke the licence of a newly licensed driver, and shall suspend his driving privilege, for a period of three months, when he loses all the points credited to him under section 298.
300(2.1)When any points are assessed against an unlicensed driver or a non-resident unlicensed driver under subsection 297(2), the Registrar shall suspend his driving privilege for a period of three months.
300(3)The period of suspension shall commence on the tenth day following receipt by the Registrar of the report required by section 265, but where a notice or record of a conviction, or of an order directing discharge under subsection 255(5) of the Criminal Code (Canada), has been received from outside the Province, the period of suspension in the Province shall commence on the date of the conviction or order.
300(3.1)Upon the Registrar being served with a certified copy of a notice of appeal against a conviction or an order directing discharge referred to in subsection 265(1), the Registrar
(a) shall not suspend the licence and driving privileges of the person, or
(b) shall reinstate the licence and driving privileges of the person convicted or discharged, if such licence and driving privileges have been suspended.
300(3.2)Where, after the final appeal of any conviction or order directing discharge referred to in subsection 265(1), a person is as a result of the appeal convicted of the offence or discharged, any period of suspension served at any time from the conviction or order directing discharge to the final appeal shall be taken into account with respect to the period of suspension imposed.
300(4)Notwithstanding subsection (3), where
(a) a licence is surrendered to a Court under subsection 308(1), or
(b) a person is prohibited by a Court from operating a motor vehicle upon a conviction in respect of any offence under the Criminal Code (Canada), involving the use of a motor vehicle, or upon an order directing discharge under subsection 255(5) of the Criminal Code (Canada),
and no sentence of imprisonment is imposed, the period of suspension shall commence on the date of the conviction or the order directing discharge.
1955, c.13, s.271; 1956, c.19, s.28; 1959, c.23, s.18, 19; 1960, c.53, s.49; 1961-62, c.62, s.105; 1969, c.55, s.12; 1970, c.34, s.19; 1972, c.48, s.1, 52, 53; 1974, c.31(Supp.), s.1; 1975, c.38, s.5; 1977, c.32, s.30; 1978, c.39, s.21; 1980, c.34, s.18; 1981, c.48, s.18; 1985, c.34, s.29; 1986, c.56, s.17; 1987, c.38, s.16; 1990, c.8, s.4; 1993, c.5, s.19; 1994, c.31, s.19; 2001, c.30, s.16; 2002, c.32, s.17