Acts and Regulations

M-17 - Motor Vehicle Act

Section 302
Disposition versions

Full text
Suspension periods
302(1)The Registrar shall revoke the licence and suspend the driving privileges of any person who is the holder of a licence issued under section 301 and is convicted of an offence under the regulations, subsection 4(1) or (2) or 7(5) or (6) of the Transportation of Dangerous Goods Act, a local by-law or this Act, other than an offence set out in subsection (3), for a period of one month.
302(2)Where any person
(a) is the holder of a licence issued under section 301 after having his or her driving privilege suspended under paragraph 300(1)(b),
(b) does not hold a licence after having his or her driving privilege suspended under paragraph 300(1)(b), or
(c) holds a licence after having his or her driving privilege suspended under paragraph 300(1)(b),
and is convicted of an offence referred to in paragraph 300(1)(a) or (b) within three years after the date of the Registrar’s suspension, the Registrar shall revoke the licence and suspend the driving privilege for a period that is twice as long as the period of suspension for which the Registrar could have suspended under subsection 300(1).
302(2.1)Subject to subsection (2.2), where any person
(a) is the holder of a licence issued under section 301 after having his or her driving privilege suspended under paragraph 300(1)(a) or (b.1),
(b) does not hold a licence after having his or her driving privilege suspended under paragraph 300(1)(a) or (b.1), or
(c) holds a licence after having his or her driving privilege suspended under paragraph 300(1)(a) or (b.1),
and is convicted of an offence referred to in paragraph 300(1)(a) within ten years after the date of the Registrar’s suspension, the Registrar shall revoke the driver’s licence of the person and suspend his or her driving privilege for a period of three years.
302(2.2)Where any person
(a) is the holder of a licence issued under section 301 after having his or her driving privilege suspended under paragraph 300(1)(a) or (b.1),
(b) does not hold a licence after having his or her driving privilege suspended under paragraph 300(1)(a) or (b.1), or
(c) holds a licence after having his or her driving privilege suspended under paragraph 300(1)(a) or (b.1),
and is convicted of two or more offences referred to in paragraph 300(1)(a), within ten years after the date of the Registrar’s suspension, the Registrar shall revoke the driver’s licence of the person and suspend his or her driving privilege for a period of five years.
302(3)Where a person is convicted of an offence
(a) under subsection 78(1) or (2) and that person’s licence has been revoked and his driving privilege suspended under subsection 298(4) or 300(1), or his driving privilege has been suspended under section 298.1 or subsection 300(1),
(b) Repealed: 1986, c.56, s.19
(b.1) under subsection 320.18(1) of the Criminal Code (Canada), or
(c) under paragraph 99(1)(a) or section 345,
the Registrar shall, if the person holds a licence, revoke his licence and suspend his driving privilege, or, if he does not hold a licence, suspend his driving privilege,
(d) for the first such offence, for twelve months, and
(e) for a second or subsequent offence within a period of three years of the date of the Registrar’s suspension under paragraph (d), for twenty-four months.
302(4)The Registrar shall revoke the licence and suspend the driving privileges of any person who for a second or subsequent time is the holder of a licence issued under section 301 and is convicted of an offence under the regulations, subsection 4(1) or (2) or 7(5) or (6) of the Transportation of Dangerous Goods Act, a local by-law or under this Act, other than for an offence set out in subsection (3) for three times the period of suspension specified in subsection 300(1) for a person whose licence is revoked because ten points have been assessed against him for offences under this Act.
302(5)Where a person is convicted of an offence under section 17.1 the Registrar shall revoke the licence and suspend his driving privilege until such time as that person gives proof of financial responsibility in accordance with Part VI.
1955, c.13, s.273; 1956, c.19, s.27; 1958, c.19, s.12; 1959, c.23, s.19A; 1961-62, c.62, s.107; 1964, c.43, s.11; 1972, c.48, s.55; 1973, c.59, s.15; 1974, c.31 (Supp.), s.4; 1975, c.86, s.2.2; 1977, c.32, s.32; 1978, c.39, s.22; 1980, c.34, s.19; 1985, c.34, s.31; 1986, c.56, s.19; 1987, c.38, s.19; 1993, c.5, s.21; 2001, c.30, s.18; 2002, c.32, s.18; 2016, c.8, s.9; 2017, c.54, s.32
Suspension periods
302(1)The Registrar shall revoke the licence and suspend the driving privileges of any person who is the holder of a licence issued under section 301 and is convicted of an offence under the regulations, subsection 4(1) or (2) or 7(5) or (6) of the Transportation of Dangerous Goods Act, a local by-law or this Act, other than an offence set out in subsection (3), for a period of one month.
302(2)Where any person
(a) is the holder of a licence issued under section 301 after having his or her driving privilege suspended under paragraph 300(1)(b),
(b) does not hold a licence after having his or her driving privilege suspended under paragraph 300(1)(b), or
(c) holds a licence after having his or her driving privilege suspended under paragraph 300(1)(b),
and is convicted of an offence referred to in paragraph 300(1)(a) or (b) within three years after the date of the Registrar’s suspension, or has an order directing discharge under subsection 255(5) of the Criminal Code (Canada) issued in relation to him or her within three years after the date of the Registrar’s suspension, the Registrar shall revoke the licence and suspend the driving privilege for a period that is twice as long as the period of suspension for which the Registrar could have suspended under subsection 300(1).
302(2.1)Subject to subsection (2.2), where any person
(a) is the holder of a licence issued under section 301 after having his or her driving privilege suspended under paragraph 300(1)(a) or (b.1),
(b) does not hold a licence after having his or her driving privilege suspended under paragraph 300(1)(a) or (b.1), or
(c) holds a licence after having his or her driving privilege suspended under paragraph 300(1)(a) or (b.1),
and is convicted of an offence referred to in paragraph 300(1)(a) within ten years after the date of the Registrar’s suspension, or has an order directing discharge under subsection 255(5) of the Criminal Code (Canada) issued in relation to him or her within ten years after the date of the Registrar’s suspension, the Registrar shall revoke the driver’s licence of the person and suspend his or her driving privilege for a period of three years.
302(2.2)Where any person
(a) is the holder of a licence issued under section 301 after having his or her driving privilege suspended under paragraph 300(1)(a) or (b.1),
(b) does not hold a licence after having his or her driving privilege suspended under paragraph 300(1)(a) or (b.1), or
(c) holds a licence after having his or her driving privilege suspended under paragraph 300(1)(a) or (b.1),
and is convicted of two or more offences referred to in paragraph 300(1)(a), has two or more orders directing discharge under subsection 255(5) of the Criminal Code (Canada) issued in relation to him or her or is the object of any combination of such convictions or orders, within ten years after the date of the Registrar’s suspension, the Registrar shall revoke the driver’s licence of the person and suspend his or her driving privilege for a period of five years.
302(3)Where a person is convicted of an offence
(a) under subsection 78(1) or (2) and that person’s licence has been revoked and his driving privilege suspended under subsection 298(4) or 300(1), or his driving privilege has been suspended under section 298.1 or subsection 300(1),
(b) Repealed: 1986, c.56, s.19
(b.1) under section 259 of the Criminal Code (Canada), or
(c) under paragraph 99(1)(a) or section 345,
the Registrar shall, if the person holds a licence, revoke his licence and suspend his driving privilege, or, if he does not hold a licence, suspend his driving privilege,
(d) for the first such offence, for twelve months, and
(e) for a second or subsequent offence within a period of three years of the date of the Registrar’s suspension under paragraph (d), for twenty-four months.
302(4)The Registrar shall revoke the licence and suspend the driving privileges of any person who for a second or subsequent time is the holder of a licence issued under section 301 and is convicted of an offence under the regulations, subsection 4(1) or (2) or 7(5) or (6) of the Transportation of Dangerous Goods Act, a local by-law or under this Act, other than for an offence set out in subsection (3) for three times the period of suspension specified in subsection 300(1) for a person whose licence is revoked because ten points have been assessed against him for offences under this Act.
302(5)Where a person is convicted of an offence under section 17.1 the Registrar shall revoke the licence and suspend his driving privilege until such time as that person gives proof of financial responsibility in accordance with Part VI.
1955, c.13, s.273; 1956, c.19, s.27; 1958, c.19, s.12; 1959, c.23, s.19A; 1961-62, c.62, s.107; 1964, c.43, s.11; 1972, c.48, s.55; 1973, c.59, s.15; 1974, c.31 (Supp.), s.4; 1975, c.86, s.2.2; 1977, c.32, s.32; 1978, c.39, s.22; 1980, c.34, s.19; 1985, c.34, s.31; 1986, c.56, s.19; 1987, c.38, s.19; 1993, c.5, s.21; 2001, c.30, s.18; 2002, c.32, s.18; 2016, c.8, s.9
Suspension periods
302(1)The Registrar shall revoke the licence and suspend the driving privileges of any person who is the holder of a licence issued under section 301 and is convicted of an offence under the regulations, subsection 4(1) or (2) or 7(5) or (6) of the Transportation of Dangerous Goods Act, a local by-law or this Act, other than an offence set out in subsection (3), for a period of one month.
302(2)Where any person
(a) is the holder of a licence issued under section 301 after having his or her driving privilege suspended under paragraph 300(1)(b),
(b) does not hold a licence after having his or her driving privilege suspended under paragraph 300(1)(b), or
(c) holds a licence after having his or her driving privilege suspended under paragraph 300(1)(b),
and is convicted of an offence referred to in paragraph 300(1)(a) or (b) within three years after the date of the Registrar’s suspension, or has an order directing discharge under subsection 255(5) of the Criminal Code (Canada) issued in relation to him or her within three years after the date of the Registrar’s suspension, the Registrar shall revoke the licence and suspend the driving privilege for a period that is twice as long as the period of suspension for which the Registrar could have suspended under subsection 300(1).
302(2.1)Subject to subsection (2.2), where any person
(a) is the holder of a licence issued under section 301 after having his or her driving privilege suspended under paragraph 300(1)(a) or (b.1),
(b) does not hold a licence after having his or her driving privilege suspended under paragraph 300(1)(a) or (b.1), or
(c) holds a licence after having his or her driving privilege suspended under paragraph 300(1)(a) or (b.1),
and is convicted of an offence referred to in paragraph 300(1)(a) within five years after the date of the Registrar’s suspension, or has an order directing discharge under subsection 255(5) of the Criminal Code (Canada) issued in relation to him or her within five years after the date of the Registrar’s suspension, the Registrar shall revoke the licence and suspend the driving privilege for a period of three years.
302(2.2)Where any person
(a) is the holder of a licence issued under section 301 after having his or her driving privilege suspended under paragraph 300(1)(a) or (b.1),
(b) does not hold a licence after having his or her driving privilege suspended under paragraph 300(1)(a) or (b.1), or
(c) holds a licence after having his or her driving privilege suspended under paragraph 300(1)(a) or (b.1),
and is convicted of two or more offences referred to in paragraph 300(1)(a), has two or more orders directing discharge under subsection 255(5) of the Criminal Code (Canada) issued in relation to him or her or is the object of any combination of such convictions or orders, within five years after the date of the Registrar’s suspension, the Registrar shall revoke the licence and suspend the driving privilege for a period of five years.
302(3)Where a person is convicted of an offence
(a) under subsection 78(1) or (2) and that person’s licence has been revoked and his driving privilege suspended under subsection 298(4) or 300(1), or his driving privilege has been suspended under section 298.1 or subsection 300(1),
(b) Repealed: 1986, c.56, s.19
(b.1) under section 259 of the Criminal Code (Canada), or
(c) under paragraph 99(1)(a) or section 345,
the Registrar shall, if the person holds a licence, revoke his licence and suspend his driving privilege, or, if he does not hold a licence, suspend his driving privilege,
(d) for the first such offence, for twelve months, and
(e) for a second or subsequent offence within a period of three years of the date of the Registrar’s suspension under paragraph (d), for twenty-four months.
302(4)The Registrar shall revoke the licence and suspend the driving privileges of any person who for a second or subsequent time is the holder of a licence issued under section 301 and is convicted of an offence under the regulations, subsection 4(1) or (2) or 7(5) or (6) of the Transportation of Dangerous Goods Act, a local by-law or under this Act, other than for an offence set out in subsection (3) for three times the period of suspension specified in subsection 300(1) for a person whose licence is revoked because ten points have been assessed against him for offences under this Act.
302(5)Where a person is convicted of an offence under section 17.1 the Registrar shall revoke the licence and suspend his driving privilege until such time as that person gives proof of financial responsibility in accordance with Part VI.
1955, c.13, s.273; 1956, c.19, s.27; 1958, c.19, s.12; 1959, c.23, s.19A; 1961-62, c.62, s.107; 1964, c.43, s.11; 1972, c.48, s.55; 1973, c.59, s.15; 1974, c.31 (Supp.), s.4; 1975, c.86, s.2.2; 1977, c.32, s.32; 1978, c.39, s.22; 1980, c.34, s.19; 1985, c.34, s.31; 1986, c.56, s.19; 1987, c.38, s.19; 1993, c.5, s.21; 2001, c.30, s.18; 2002, c.32, s.18
Suspension periods
302(1)The Registrar shall revoke the licence and suspend the driving privileges of any person who is the holder of a licence issued under section 301 and is convicted of an offence under the regulations, subsection 4(1) or (2) or 7(5) or (6) of the Transportation of Dangerous Goods Act, a local by-law or this Act, other than an offence set out in subsection (3), for a period of one month.
302(2)Where any person
(a) is the holder of a licence issued under section 301 after having his or her driving privilege suspended under paragraph 300(1)(b),
(b) does not hold a licence after having his or her driving privilege suspended under paragraph 300(1)(b), or
(c) holds a licence after having his or her driving privilege suspended under paragraph 300(1)(b),
and is convicted of an offence referred to in paragraph 300(1)(a) or (b) within three years after the date of the Registrar’s suspension, or has an order directing discharge under subsection 255(5) of the Criminal Code (Canada) issued in relation to him or her within three years after the date of the Registrar’s suspension, the Registrar shall revoke the licence and suspend the driving privilege for a period that is twice as long as the period of suspension for which the Registrar could have suspended under subsection 300(1).
302(2.1)Subject to subsection (2.2), where any person
(a) is the holder of a licence issued under section 301 after having his or her driving privilege suspended under paragraph 300(1)(a) or (b.1),
(b) does not hold a licence after having his or her driving privilege suspended under paragraph 300(1)(a) or (b.1), or
(c) holds a licence after having his or her driving privilege suspended under paragraph 300(1)(a) or (b.1),
and is convicted of an offence referred to in paragraph 300(1)(a) within five years after the date of the Registrar’s suspension, or has an order directing discharge under subsection 255(5) of the Criminal Code (Canada) issued in relation to him or her within five years after the date of the Registrar’s suspension, the Registrar shall revoke the licence and suspend the driving privilege for a period of three years.
302(2.2)Where any person
(a) is the holder of a licence issued under section 301 after having his or her driving privilege suspended under paragraph 300(1)(a) or (b.1),
(b) does not hold a licence after having his or her driving privilege suspended under paragraph 300(1)(a) or (b.1), or
(c) holds a licence after having his or her driving privilege suspended under paragraph 300(1)(a) or (b.1),
and is convicted of two or more offences referred to in paragraph 300(1)(a), has two or more orders directing discharge under subsection 255(5) of the Criminal Code (Canada) issued in relation to him or her or is the object of any combination of such convictions or orders, within five years after the date of the Registrar’s suspension, the Registrar shall revoke the licence and suspend the driving privilege for a period of five years.
302(3)Where a person is convicted of an offence
(a) under subsection 78(1) or (2) and that person’s licence has been revoked and his driving privilege suspended under subsection 298(4) or 300(1), or his driving privilege has been suspended under section 298.1 or subsection 300(1),
(b) Repealed: 1986, c.56, s.19
(b.1) under section 259 of the Criminal Code (Canada), or
(c) under paragraph 99(1)(a) or section 345,
the Registrar shall, if the person holds a licence, revoke his licence and suspend his driving privilege, or, if he does not hold a licence, suspend his driving privilege,
(d) for the first such offence, for twelve months, and
(e) for a second or subsequent offence within a period of three years of the date of the Registrar’s suspension under paragraph (d), for twenty-four months.
302(4)The Registrar shall revoke the licence and suspend the driving privileges of any person who for a second or subsequent time is the holder of a licence issued under section 301 and is convicted of an offence under the regulations, subsection 4(1) or (2) or 7(5) or (6) of the Transportation of Dangerous Goods Act, a local by-law or under this Act, other than for an offence set out in subsection (3) for three times the period of suspension specified in subsection 300(1) for a person whose licence is revoked because ten points have been assessed against him for offences under this Act.
302(5)Where a person is convicted of an offence under section 17.1 the Registrar shall revoke the licence and suspend his driving privilege until such time as that person gives proof of financial responsibility in accordance with Part VI.
1955, c.13, s.273; 1956, c.19, s.27; 1958, c.19, s.12; 1959, c.23, s.19A; 1961-62, c.62, s.107; 1964, c.43, s.11; 1972, c.48, s.55; 1973, c.59, s.15; 1974, c.31(Supp.), s.4; 1975, c.86, s.2.2; 1977, c.32, s.32; 1978, c.39, s.22; 1980, c.34, s.19; 1985, c.34, s.31; 1986, c.56, s.19; 1987, c.38, s.19; 1993, c.5, s.21; 2001, c.30, s.18; 2002, c.32, s.18