Acts and Regulations

M-17 - Motor Vehicle Act

Section 301
Disposition versions

Full text
Probationary licence, reinstatement of driving privelege
301(1) On application, the Registrar shall issue a licence that is, subject to section 304, probationary
(a) subject to subsection 310.13(4), to a person who is registered in the alcohol ignition interlock device program established under section 310.12, if no further convictions have been entered against the person,
(b) subject to paragraph (c), to a person when the period of suspension of his or her driving privilege imposed under paragraph 300(1)(a), (b) or (b.1), subsection 302(1), (2), (2.1), (2.2), (3) or (4), section 302.1 or subsection 310.18(2) or 310.18.1(2) or section 310.18.2 has elapsed, if the driving privilege that was suspended is reinstated, no further convictions have been entered against the person, and
(c) to a person when the period of suspension of his or her driving privilege has been extended under subparagraph 310.18.4(3)(b)(ii), at the expiry of that period, if no further convictions have been entered against the person.
301(2)Subject to subsection 310.13(4), the Registrar shall not reinstate the driving privilege of a resident of the Province
(a) with respect to a conviction entered against him or her for an offence under subsection 320.14(1) or 320.15(1) of the Criminal Code (Canada) relating to impairment by alcohol or by a combination of alcohol and a drug, until the resident
(i) subject to section 310.18, has completed the alcohol ignition interlock device program referred to in section 310.12, and
(ii) has successfully completed the impaired driver re-education course approved by the Minister of Health and assigned to the person by the Registrar,
(a.1) with respect to a conviction entered against him or her for an offence under section 253 or 254 of the Criminal Code (Canada) relating to impairment by a drug, until the resident has successfully completed the impaired driver re-education course approved by the Minister of Health and assigned to the person by the Registrar, and
(b) with respect to an offence under paragraph 310.01(4)(c), until the resident has successfully completed the impaired driver re-education course approved by the Minister of Health and assigned to the person by the Registrar.
1955, c.13, s.272; 1957, c.21, s.29; 1961-62, c.62, s.106; 1967, c.54, s.23; 1972, c.48, s.54; 1977, c.32, s.31; 1981, c.48, s.19; 1985, c.34, s.30; 1986, c.56, s.18; 1987, c.38, s.17; 1988, c.23, s.1; 1988, c.66, s.15; 1993, c.5, s.20; 1993, c.17, s.1; 2000, c.26, s.193; 2001, c.30, s.17; 2006, c.16, s.113; 2006, c.24, s.3; 2016, c.8, s.7; 2017, c.54, s.6; 2017, c.54, s.31
301(1) On application, the Registrar shall issue a licence that is, subject to section 304, probationary
(a) subject to subsection 310.13(4), to a person who is registered in the alcohol ignition interlock device program established under section 310.12, if no further convictions have been entered against the person and no orders directing discharge have been issued in relation to him or her under subsection 255(5) of the Criminal Code (Canada),
(b) subject to paragraph (c), to a person when the period of suspension of his or her driving privilege imposed under paragraph 300(1)(a), (b) or (b.1), subsection 302(1), (2), (2.1), (2.2), (3) or (4), section 302.1 or subsection 310.18(2) or 310.18.1(2) or section 310.18.2 has elapsed, if the driving privilege that was suspended is reinstated, no further convictions have been entered against the person and no orders directing discharge have been issued in relation to him or her under subsection 255(5) of the Criminal Code (Canada), and
(c) to a person when the period of suspension of his or her driving privilege has been extended under subparagraph 310.18.4(3)(b)(ii), at the expiry of that period, if no further convictions have been entered against the person and no orders directing discharge have been issued in relation to him or her under subsection 255(5) of the Criminal Code (Canada).
301(2)Subject to subsection 310.13(4), the Registrar shall not reinstate the driving privilege of a resident of the Province
(a) with respect to a conviction entered against him or her for an offence under section 253 or 254 of the Criminal Code (Canada), until the resident
(i) subject to section 310.18, has completed the alcohol ignition interlock device program referred to in section 310.12, and
(ii) has successfully completed the drinking driver re-education course approved by the Minister of Health and assigned to the person by the Registrar, and
(b) with respect to an offence under paragraph 310.01(4)(c), until the resident has successfully completed the drinking driver re-education course approved by the Minister of Health and assigned to the person by the Registrar.
1955, c.13, s.272; 1957, c.21, s.29; 1961-62, c.62, s.106; 1967, c.54, s.23; 1972, c.48, s.54; 1977, c.32, s.31; 1981, c.48, s.19; 1985, c.34, s.30; 1986, c.56, s.18; 1987, c.38, s.17; 1988, c.23, s.1; 1988, c.66, s.15; 1993, c.5, s.20; 1993, c.17, s.1; 2000, c.26, s.193; 2001, c.30, s.17; 2006, c.16, s.113; 2006, c.24, s.3; 2016, c.8, s.7
Probationary licence
301(1)The Registrar, upon application, shall issue a licence that is, subject to section 304, probationary
(a) to a person who is registered in the alcohol ignition interlock device program established under section 310.12, if the conditions referred to in subsection 310.13(4) are met and if no further convictions have been entered against the person and no orders directing discharge have been issued in relation to the person under subsection 255(5) of the Criminal Code (Canada), and
(b) to any person when the period of suspension of the person’s driving privilege under paragraph 300(1)(a), (b) or (b.1), subsection 302(1), (2), (2.1), (2.2), (3) or (4), section 302.1, subsection 310.18(1), paragraph 310.18(2)(a) or subsection 310.18(4) or (5) has elapsed and if no further convictions have been entered against the person and no orders directing discharge have been issued in relation to the person under subsection 255(5) of the Criminal Code (Canada).
Drinking driver re-education course
301(2)The Registrar shall not reinstate the driving privilege of a resident of the Province whose driving privilege has been suspended under this Act as a result of a conviction for an offence under section 253 or 254 of the Criminal Code (Canada) until the resident has successfully completed, and paid the fee prescribed by regulation for, the drinking driver re-education course approved by the Minister of Health and assigned to the resident by the Registrar.
1955, c.13, s.272; 1957, c.21, s.29; 1961-62, c.62, s.106; 1967, c.54, s.23; 1972, c.48, s.54; 1977, c.32, s.31; 1981, c.48, s.19; 1985, c.34, s.30; 1986, c.56, s.18; 1987, c.38, s.17; 1988, c.23, s.1; 1988, c.66, s.15; 1993, c.5, s.20; 1993, c.17, s.1; 2000, c.26, s.193; 2001, c.30, s.17; 2006, c.16, s.113; 2006, c.24, s.3
Probationary licence
301(1)The Registrar, upon application, shall issue a licence that is, subject to section 304, probationary
(a) to a person who is registered in the alcohol ignition interlock device program established under section 310.12, if the conditions referred to in subsection 310.13(4) are met and if no further convictions have been entered against the person and no orders directing discharge have been issued in relation to the person under subsection 255(5) of the Criminal Code (Canada), and
(b) to any person when the period of suspension of the person’s driving privilege under paragraph 300(1)(a), (b) or (b.1), subsection 302(1), (2), (2.1), (2.2), (3) or (4), section 302.1, subsection 310.18(1), paragraph 310.18(2)(a) or subsection 310.18(4) or (5) has elapsed and if no further convictions have been entered against the person and no orders directing discharge have been issued in relation to the person under subsection 255(5) of the Criminal Code (Canada).
Drinking driver re-education course
301(2)The Registrar shall not reinstate the driving privilege of a resident of the Province whose driving privilege has been suspended under this Act as a result of a conviction for an offence under section 253 or 254 of the Criminal Code (Canada) until the resident has successfully completed, and paid the fee prescribed by regulation for, the drinking driver re-education course approved by the Minister of Health and assigned to the resident by the Registrar.
1955, c.13, s.272; 1957, c.21, s.29; 1961-62, c.62, s.106; 1967, c.54, s.23; 1972, c.48, s.54; 1977, c.32, s.31; 1981, c.48, s.19; 1985, c.34, s.30; 1986, c.56, s.18; 1987, c.38, s.17; 1988, c.23, s.1; 1988, c.66, s.15; 1993, c.5, s.20; 1993, c.17, s.1; 2000, c.26, s.193; 2001, c.30, s.17; 2006, c.16, s.113; 2006, c.24, s.3
Probationary licence
301(1)When the period of suspension of a person’s driving privilege under paragraph 300(1)(a), (b) or (b.1), subsection 302(1), (2), (2.1), (2.2), (3) or (4) or section 302.1 has elapsed and no further convictions have been entered against that person and no orders directing discharge have been issued in relation to that person under subsection 255(5) of the Criminal Code (Canada), the Registrar, upon application by that person, shall issue to that person a licence that is, subject to section 304, probationary.
Drinking driver re-education course
301(2)The Registrar shall not reinstate the driving privilege of a resident of the Province whose driving privilege has been suspended under this Act as a result of a conviction for an offence under section 253 or 254 of the Criminal Code (Canada) until the resident has successfully completed, and paid the fee prescribed by regulation for, the drinking driver re-education course approved by the Minister of Health and assigned to the resident by the Registrar.
1955, c.13, s.272; 1957, c.21, s.29; 1961-62, c.62, s.106; 1967, c.54, s.23; 1972, c.48, s.54; 1977, c.32, s.31; 1981, c.48, s.19; 1985, c.34, s.30; 1986, c.56, s.18; 1987, c.38, s.17; 1988, c.23, s.1; 1988, c.66, s.15; 1993, c.5, s.20; 1993, c.17, s.1; 2000, c.26, s.193; 2001, c.30, s.17; 2006, c.16, s.113