Acts and Regulations

M-17 - Motor Vehicle Act

Section 310.0001
Disposition versions

Full text
24-hour suspension
310.0001(1)In this section, “police officer” means
(a) a member of the Royal Canadian Mounted Police,
(b) a police officer appointed under section 10, 11 or 17.3 of the Police Act, or
(c) any peace officer designated by the Minister under subsection 15(1) for the purposes of this Act.
310.0001(2)A police officer who has reasonable grounds to believe that a driver of a motor vehicle is unfit to drive the motor vehicle safely for a medical or other reason may require the driver to stop his or her motor vehicle for the purpose of determining whether or not there is evidence to justify that belief.
310.0001(3)If a police officer is of the opinion that a driver is unfit to drive a motor vehicle safely for a medical or other reason, the police officer may request the driver to surrender his or her licence and suspend his or her driving privilege.
310.0001(4)If a driver to whom a request is made under subsection (3)
(a) holds a driver’s licence, the licence is suspended and the person is not permitted to drive a motor vehicle in the Province for 24 hours from the time the request is made, whether or not the person is unable or fails to surrender his or her licence to the police officer, or
(b) is a non-resident driver who holds a licence issued to him or her in his or her home province or country, the person is not permitted to hold a driver’s licence and to drive a motor vehicle in the Province for 24 hours from the time the request is made.
310.0001(5)A police officer who requests a person to surrender his or her driver’s licence under this section shall
(a) keep a written record of the suspension that includes the name and address of the person, the licence number of the driver, as well as the date, time and location of the suspension,
(b) if a driver's licence is surrendered, give the person a written receipt for it and a written notice stating the place where it may be recovered, and
(c) provide the person with a written statement setting out that his or her driver’s licence and driving privilege are suspended for a period of 24 hours and when the suspension begins.
310.0001(6)On the termination of the suspension of a licence and driving privilege under this section, the driver’s licence surrendered under this section shall be returned without delay to the licence holder, except when he or she is otherwise not eligible to hold a driver’s licence.
310.0001(7)When a licence and driving privilege are suspended under this section, if the motor vehicle is in a location from which, in the opinion of a police officer, it should be removed and there is no person easily available who has lawful authority to remove the vehicle with the consent of the driver, the police officer may remove and store the vehicle or cause it to be removed and stored and shall notify the driver of its location.
310.0001(8)Before the motor vehicle is released, the costs and charges incurred in moving or storing the motor vehicle pursuant to subsection (7) shall be paid by the person to whom the vehicle is released.
310.0001(9)Every person who, without reasonable excuse, fails or refuses to comply with a demand made to the person by a police officer under this section, commits an offence.
2016, c.8, s.11; 2023, c.8, s.1
24-hour suspension
310.0001(1)In this section, “police officer” means
(a) a member of the Royal Canadian Mounted Police, or
(b) a police officer appointed under section 10, 11 or 17.3 of the Police Act.
310.0001(2)A police officer who has reasonable grounds to believe that a driver of a motor vehicle is unfit to drive the motor vehicle safely for a medical or other reason may require the driver to stop his or her motor vehicle for the purpose of determining whether or not there is evidence to justify that belief.
310.0001(3)If a police officer is of the opinion that a driver is unfit to drive a motor vehicle safely for a medical or other reason, the police officer may request the driver to surrender his or her licence and suspend his or her driving privilege.
310.0001(4)If a driver to whom a request is made under subsection (3)
(a) holds a driver’s licence, the licence is suspended and the person is not permitted to drive a motor vehicle in the Province for 24 hours from the time the request is made, whether or not the person is unable or fails to surrender his or her licence to the police officer, or
(b) is a non-resident driver who holds a licence issued to him or her in his or her home province or country, the person is not permitted to hold a driver’s licence and to drive a motor vehicle in the Province for 24 hours from the time the request is made.
310.0001(5)A police officer who requests a person to surrender his or her driver’s licence under this section shall
(a) keep a written record of the suspension that includes the name and address of the person, the licence number of the driver, as well as the date, time and location of the suspension,
(b) if a driver's licence is surrendered, give the person a written receipt for it and a written notice stating the place where it may be recovered, and
(c) provide the person with a written statement setting out that his or her driver’s licence and driving privilege are suspended for a period of 24 hours and when the suspension begins.
310.0001(6)On the termination of the suspension of a licence and driving privilege under this section, the driver’s licence surrendered under this section shall be returned without delay to the licence holder, except when he or she is otherwise not eligible to hold a driver’s licence.
310.0001(7)When a licence and driving privilege are suspended under this section, if the motor vehicle is in a location from which, in the opinion of a police officer, it should be removed and there is no person easily available who has lawful authority to remove the vehicle with the consent of the driver, the police officer may remove and store the vehicle or cause it to be removed and stored and shall notify the driver of its location.
310.0001(8)Before the motor vehicle is released, the costs and charges incurred in moving or storing the motor vehicle pursuant to subsection (7) shall be paid by the person to whom the vehicle is released.
310.0001(9)Every person who, without reasonable excuse, fails or refuses to comply with a demand made to the person by a police officer under this section, commits an offence.
2016, c.8, s.11