Acts and Regulations

M-17 - Motor Vehicle Act

Section 310.05
Disposition versions

Full text
Review of administrative licence suspension
310.05(1)Within 15 days of the service of an order of suspension, a person may apply for review of the order of suspension by
(a) filing an application for review with the Registrar,
(b) paying the prescribed fee and, where an oral hearing is requested, the prescribed oral hearing fee,
(c) obtaining a date and time for a hearing,
(d) surrendering his or her licence if it has not been previously surrendered, unless he or she certifies to the Registrar that the licence has been lost or destroyed.
310.05(2)The application for review shall be in the form, contain the information and be completed in the manner required by the Registrar.
310.05(3)The application for review may be accompanied by sworn statements or other evidence that the person wishes the Registrar to consider.
310.05(4)An application does not stay any suspension given under section 310.04.
310.05(5)The Registrar is not required to hold an oral hearing unless the applicant requests an oral hearing at the time of filing the application and pays the prescribed fee.
310.05(6)In a review under this section, the Registrar shall consider
(a) any relevant sworn or solemnly affirmed statements and any other relevant information,
(b) the report of the peace officer,
(c) a copy of any certificate of analysis under section 320.32 of the Criminal Code (Canada) without proof of the signature and official character of the person appearing to have signed the certificate or that the copy is a true copy,
(d) where an oral hearing is held, in addition to the matters referred to in paragraphs (a) to (c), any relevant evidence and information given or representations made at the hearing,
(e) a copy of the order of suspension,
(f) in the case of a second or subsequent suspension of a person’s driver’s licence and driving privilege, the record in respect to the applicant as provided in subsection 297(1), and
(g) any other relevant documents and information, including reports that have not been sworn or solemnly affirmed, forwarded to the Registrar by a peace officer, including the officer who served the order of suspension.
310.05(7)In the case of the suspension of a person’s driver’s licence and his or her driving privilege in the circumstances described under subsection 310.04(2), the Registrar shall sustain the suspension if, after considering an application for review under subsection (1), the Registrar is satisfied that the person was the driver and that
(a) Repealed: 2018, c.13, s.5
(b) Repealed: 2018, c.13, s.5
(c) the approved instrument produced a result indicating the presence of alcohol in the driver’s blood equal to or exceeding 80 mg of alcohol in 100 ml of blood,
(d) the results of the analysis are reliable, and
(e) in the case of an order of suspension issued for the purpose of paragraph 310.04(2)(b), the person failed or refused to comply with a demand to supply a sample of breath or blood under subsection 320.27 or section 320.28 of the Criminal Code (Canada).
310.05(7.01)In the case of the suspension of a person’s driver’s licence and his or her driving privilege in the circumstances described under subsection 310.04(2.1), the Registrar shall sustain the suspension if, after considering an application for review under subsection (1), the Registrar is satisfied that the person was the driver and that
(a) the evaluating officer had the required qualifications,
(b) the performance of the person on the evaluation amounts to a poor performance, and
(c) in the case of an order of suspension issued for the purpose of paragraph 310.04(2.1)(b), the person failed or refused to comply with a demand to supply a sample of a bodily substance under section 320.27 or 320.28 of the Criminal Code (Canada) or to submit to an evaluation under section 320.28 of that Act.
310.05(7.1)In the case of the suspension of a person’s driver’s licence and his or her driving privilege in the circumstances described under subsection 310.04(2), the Registrar shall revoke the suspension, return any licence surrendered and direct that the fees paid for the application for review be refunded if, after considering an application for review under subsection (1), the Registrar is not satisfied that the person was the driver or is satisfied that
(a) Repealed: 2018, c.13, s.5
(b) Repealed: 2018, c.13, s.5
(c) the approved instrument did not produce a result indicating the presence of alcohol in the driver’s blood equal to or exceeding 80 mg of alcohol in 100 ml of blood,
(d) the results of the analysis are not reliable, or
(e) in the case of an order of suspension issued for the purpose of paragraph 310.04(2)(b), the person did not fail or refuse to comply with a demand to supply a sample of breath or blood under section 320.27 or 320.28 of the Criminal Code (Canada).
310.05(7.2)In the case of the suspension of a person’s driver’s licence and his or her driving privilege in the circumstances described under subsection 310.04(2.1), the Registrar shall revoke the suspension, return any licence surrendered and direct that the fees paid for the application for review be refunded if, after considering an application for review under subsection (1), the Registrar is not satisfied that the person was the driver or is satisfied that
(a) the evaluating officer did not have the required qualifications,
(b) the performance of the person on the evaluation did not amount to a poor performance, or
(c) in the case of an order of suspension issued for the purpose of paragraph 310.04(2.1)(b), the person did not fail or refuse to comply with a demand to supply a sample of a bodily substance under section 320.27 or 320.28 of the Criminal Code (Canada) or to submit to an evaluation under section 320.28 of that Act.
310.05(8)The Registrar shall
(a) if no oral hearing is requested, consider the application within ten days after compliance with paragraphs (1)(a), (b) and (d), and
(b) if an oral hearing is requested, hold the hearing within 20 days after compliance with subsection (1).
310.05(9)Despite subsection (8), the failure of the Registrar to consider the application or hold the hearing within the required time does not affect the jurisdiction of the Registrar to consider or hear the application or to make a decision with respect to it.
310.05(10)If the applicant who requests an oral hearing fails to appear without prior notice to the Registrar, the right to a hearing shall be deemed to have been waived by the applicant.
310.05(11)Where the appellant who requests an oral hearing fails to appear without prior notice to the Registrar, the right to a hearing shall be deemed to have been waived by the appellant.
310.05(12)The decision of the Registrar shall be in writing and a copy of it shall be sent within seven days after the date of the date the application was considered or the hearing held by registered or certified mail to the person at his or her last known address as shown on the applicant’s driver’s licence and to the address shown in the application, if that address is different from the address of record.
310.05(13)The Lieutenant-Governor in Council may make regulations prescribing the fee to be paid for a review and the fee to be paid for an oral hearing.
2007, c.44, s.20; 2016, c.8, s.16; 2017, c.54, s.18; 2017, c.54, s.46; 2018, c.13, s.5; 2018. c.13, s.7; 2020, c.2, s.19
Review of administrative licence suspension
310.05(1)Within 15 days of the service of an order of suspension, a person may apply for review of the order of suspension by
(a) filing an application for review with the Registrar,
(b) paying the prescribed fee and, where an oral hearing is requested, the prescribed oral hearing fee,
(c) obtaining a date and time for a hearing,
(d) surrendering his or her licence if it has not been previously surrendered, unless he or she certifies to the Registrar that the licence has been lost or destroyed.
310.05(2)The application for review shall be in the form, contain the information and be completed in the manner required by the Registrar.
310.05(3)The application for review may be accompanied by sworn statements or other evidence that the person wishes the Registrar to consider.
310.05(4)An application does not stay any suspension given under section 310.04.
310.05(5)The Registrar is not required to hold an oral hearing unless the applicant requests an oral hearing at the time of filing the application and pays the prescribed fee.
310.05(6)In a review under this section, the Registrar shall consider
(a) any relevant sworn or solemnly affirmed statements and any other relevant information,
(b) the report of the peace officer,
(c) a copy of any certificate of analysis under section 320.32 of the Criminal Code (Canada) without proof of the signature and official character of the person appearing to have signed the certificate or that the copy is a true copy,
(d) where an oral hearing is held, in addition to the matters referred to in paragraphs (a) to (c), any relevant evidence and information given or representations made at the hearing,
(e) a copy of the order of suspension,
(f) in the case of a second or subsequent suspension of a person’s driver’s licence and driving privilege, the record in respect to the applicant as provided in subsection 297(1), and
(g) any other relevant documents and information, including reports that have not been sworn or solemnly affirmed, forwarded to the Registrar by a peace officer, including the officer who served the order of suspension.
310.05(7)In the case of the suspension of a person’s driver’s licence and his or her driving privilege in the circumstances described under subsection 310.04(2), the Registrar shall sustain the suspension if, after considering an application for review under subsection (1), the Registrar is satisfied that the person was the driver and that
(a) Repealed: 2018, c.13, s.5
(b) Repealed: 2018, c.13, s.5
(c) the approved instrument produced a result indicating the presence of alcohol in the driver’s blood equal to or exceeding 80 mg of alcohol in 100 ml of blood,
(d) the results of the analysis are reliable, and
(e) in the case of an order of suspension issued for the purpose of paragraph 310.04(2)(b), the person failed or refused to comply with a demand to supply a sample of breath or blood under subsection 320.27(1) or section 320.28 of the Criminal Code (Canada).
310.05(7.01)In the case of the suspension of a person’s driver’s licence and his or her driving privilege in the circumstances described under subsection 310.04(2.1), the Registrar shall sustain the suspension if, after considering an application for review under subsection (1), the Registrar is satisfied that the person was the driver and that
(a) the evaluating officer had the required qualifications,
(b) the performance of the person on the evaluation met the criteria prescribed by regulation for a poor performance, and
(c) in the case of an order of suspension issued for the purpose of paragraph 310.04(2.1)(b), the person failed or refused to comply with a demand to supply a sample of a bodily substance under section 320.27 or 320.28 of the Criminal Code (Canada) or to submit to an evaluation under section 320.28 of that Act.
310.05(7.1)In the case of the suspension of a person’s driver’s licence and his or her driving privilege in the circumstances described under subsection 310.04(2), the Registrar shall revoke the suspension, return any licence surrendered and direct that the fees paid for the application for review be refunded if, after considering an application for review under subsection (1), the Registrar is not satisfied that the person was the driver or is satisfied that
(a) Repealed: 2018, c.13, s.5
(b) Repealed: 2018, c.13, s.5
(c) the approved instrument did not produce a result indicating the presence of alcohol in the driver’s blood equal to or exceeding 80 mg of alcohol in 100 ml of blood,
(d) the results of the analysis are not reliable, or
(e) in the case of an order of suspension issued for the purpose of paragraph 310.04(2)(b), the person did not fail or refuse to comply with a demand to supply a sample of breath or blood under subsection 320.27(1) or section 320.28 of the Criminal Code (Canada).
310.05(7.2)In the case of the suspension of a person’s driver’s licence and his or her driving privilege in the circumstances described under subsection 310.04(2.1), the Registrar shall revoke the suspension, return any licence surrendered and direct that the fees paid for the application for review be refunded if, after considering an application for review under subsection (1), the Registrar is not satisfied that the person was the driver or is satisfied that
(a) the evaluating officer did not have the required qualifications,
(b) the performance of the person on the evaluation did not meet the criteria prescribed by regulation for a poor performance, or
(c) in the case of an order of suspension issued for the purpose of paragraph 310.04(2.1)(b), the person did not fail or refuse to comply with a demand to supply a sample of a bodily substance under section 320.27 or 320.28 of the Criminal Code (Canada) or to submit to an evaluation under section 320.28 of that Act.
310.05(8)The Registrar shall
(a) if no oral hearing is requested, consider the application within ten days after compliance with paragraphs (1)(a), (b) and (d), and
(b) if an oral hearing is requested, hold the hearing within 20 days after compliance with subsection (1).
310.05(9)Despite subsection (8), the failure of the Registrar to consider the application or hold the hearing within the required time does not affect the jurisdiction of the Registrar to consider or hear the application or to make a decision with respect to it.
310.05(10)If the applicant who requests an oral hearing fails to appear without prior notice to the Registrar, the right to a hearing shall be deemed to have been waived by the applicant.
310.05(11)Where the appellant who requests an oral hearing fails to appear without prior notice to the Registrar, the right to a hearing shall be deemed to have been waived by the appellant.
310.05(12)The decision of the Registrar shall be in writing and a copy of it shall be sent within seven days after the date of the date the application was considered or the hearing held by registered or certified mail to the person at his or her last known address as shown on the applicant’s driver’s licence and to the address shown in the application, if that address is different from the address of record.
310.05(13)The Lieutenant-Governor in Council may make regulations prescribing the fee to be paid for a review and the fee to be paid for an oral hearing.
2007, c.44, s.20; 2016, c.8, s.16; 2017, c.54, s.18; 2017, c.54, s.46; 2018, c.13, s.5; 2018. c.13, s.7
Review of administrative licence suspension
310.05(1)Within 15 days of the service of an order of suspension, a person may apply for review of the order of suspension by
(a) filing an application for review with the Registrar,
(b) paying the prescribed fee and, where an oral hearing is requested, the prescribed oral hearing fee,
(c) obtaining a date and time for a hearing,
(d) surrendering his or her licence if it has not been previously surrendered, unless he or she certifies to the Registrar that the licence has been lost or destroyed.
310.05(2)The application for review shall be in the form, contain the information and be completed in the manner required by the Registrar.
310.05(3)The application for review may be accompanied by sworn statements or other evidence that the person wishes the Registrar to consider.
310.05(4)An application does not stay any suspension given under section 310.04.
310.05(5)The Registrar is not required to hold an oral hearing unless the applicant requests an oral hearing at the time of filing the application and pays the prescribed fee.
310.05(6)In a review under this section, the Registrar shall consider
(a) any relevant sworn or solemnly affirmed statements and any other relevant information,
(b) the report of the peace officer,
(c) a copy of any certificate of analysis under section 258 of the Criminal Code (Canada) without proof of the signature and official character of the person appearing to have signed the certificate or that the copy is a true copy,
(d) where an oral hearing is held, in addition to the matters referred to in paragraphs (a) to (c), any relevant evidence and information given or representations made at the hearing, and
(e) a copy of the order of suspension,
(f) in the case of a second or subsequent suspension of a person’s driver’s licence and driving privilege, the record in respect to the applicant as provided in subsection 297(1), and
(g) any other relevant documents and information, including reports that have not been sworn or solemnly affirmed, forwarded to the Registrar by a peace officer, including the officer who served the order of suspension.
310.05(7)The Registrar shall sustain the suspension of a person’s driver’s licence and his or her driving privilege if, after considering an application for review under subsection (1), the Registrar is satisfied that the person was the driver and that
(a) Repealed: 2018, c.13, s.5
(b) Repealed: 2018, c.13, s.5
(c) the approved instrument produced a result indicating the presence of alcohol in the driver’s blood exceeding 80 mg of alcohol in 100 ml of blood,
(d) the results of the analysis are reliable, and
(e) in the case of an order of suspension issued for the purpose of paragraph 310.04(2)(b), the person failed or refused to comply with a demand to supply a sample of breath or blood under section 254 of the Criminal Code (Canada).
310.05(7.1)The Registrar shall revoke the suspension of a person’s driver’s licence and his or her driving privilege, return any licence surrendered and direct that the fees paid for the application for review be refunded if, after considering an application for review under subsection (1), the Registrar is not satisfied that the person was the driver or is satisfied that
(a) Repealed: 2018, c.13, s.5
(b) Repealed: 2018, c.13, s.5
(c) the approved instrument did not produce a result indicating the presence of alcohol in the driver’s blood exceeding 80 mg of alcohol in 100 ml of blood,
(d) the results of the analysis are not reliable, or
(e) in the case of an order of suspension issued for the purpose of paragraph 310.04(2)(b), the person did not fail or refuse to comply with a demand to supply a sample of breath or blood under section 254 of the Criminal Code (Canada).
310.05(8)The Registrar shall
(a) if no oral hearing is requested, consider the application within ten days after compliance with paragraphs (1)(a), (b) and (d), and
(b) if an oral hearing is requested, hold the hearing within 20 days after compliance with subsection (1).
310.05(9)Despite subsection (8), the failure of the Registrar to consider the application or hold the hearing within the required time does not affect the jurisdiction of the Registrar to consider or hear the application or to make a decision with respect to it.
310.05(10)If the applicant who requests an oral hearing fails to appear without prior notice to the Registrar, the right to a hearing shall be deemed to have been waived by the applicant.
310.05(11)Where the appellant who requests an oral hearing fails to appear without prior notice to the Registrar, the right to a hearing shall be deemed to have been waived by the appellant.
310.05(12)The decision of the Registrar shall be in writing and a copy of it shall be sent within seven days after the date of the date the application was considered or the hearing held by registered or certified mail to the person at his or her last known address as shown on the applicant’s driver’s licence and to the address shown in the application, if that address is different from the address of record.
310.05(13)The Lieutenant-Governor in Council may make regulations prescribing the fee to be paid for a review and the fee to be paid for an oral hearing.
2007, c.44, s.20; 2016, c.8, s.16; 2018, c.13, s.5
Review of administrative licence suspension
310.05(1)Within 15 days of the service of an order of suspension, a person may apply for review of the order of suspension by
(a) filing an application for review with the Registrar,
(b) paying the prescribed fee and, where an oral hearing is requested, the prescribed oral hearing fee,
(c) obtaining a date and time for a hearing,
(d) surrendering his or her licence if it has not been previously surrendered, unless he or she certifies to the Registrar that the licence has been lost or destroyed.
310.05(2)The application for review shall be in the form, contain the information and be completed in the manner required by the Registrar.
310.05(3)The application for review may be accompanied by sworn statements or other evidence that the person wishes the Registrar to consider.
310.05(4)An application does not stay any suspension given under section 310.04.
310.05(5)The Registrar is not required to hold an oral hearing unless the applicant requests an oral hearing at the time of filing the application and pays the prescribed fee.
310.05(6)In a review under this section, the Registrar shall consider
(a) any relevant sworn or solemnly affirmed statements and any other relevant information,
(b) the report of the peace officer,
(c) a copy of any certificate of analysis under section 258 of the Criminal Code (Canada) without proof of the signature and official character of the person appearing to have signed the certificate or that the copy is a true copy,
(d) where an oral hearing is held, in addition to the matters referred to in paragraphs (a) to (c), any relevant evidence and information given or representations made at the hearing, and
(e) a copy of the order of suspension,
(f) in the case of a second or subsequent suspension of a person’s driver’s licence and driving privilege, the record in respect to the applicant as provided in subsection 297(1), and
(g) any other relevant documents and information, including reports that have not been sworn or solemnly affirmed, forwarded to the Registrar by a peace officer, including the officer who served the order of suspension.
310.05(7)The Registrar shall sustain the suspension of a person’s driver’s licence and his or her driving privilege if, after considering an application for review under subsection (1), the Registrar is satisfied that the person was the driver and that
(a) the person was advised of his or her right to request and be provided with a second analysis by a different approved screening device or approved instrument, as the case may be,
(b) if the person requested a second analysis, the second analysis was performed with a different approved screening device or approved instrument, as the case may be, than was used in the first analysis and the order of suspension was served on the person on the basis of the lower analysis result,
(c) the approved screening device or approved instrument, as the case may be, produced a result indicating the presence of alcohol in the driver’s blood exceeding 80 mg of alcohol in 100 ml of blood,
(d) the results of the analysis are reliable, and
(e) in the case of an order of suspension issued for the purpose of paragraph 310.04(2)(b), the person failed or refused to comply with a demand to supply a sample of breath or blood under section 254 of the Criminal Code (Canada).
310.05(7.1)The Registrar shall revoke the suspension of a person’s driver’s licence and his or her driving privilege, return any licence surrendered and direct that the fees paid for the application for review be refunded if, after considering an application for review under subsection (1), the Registrar is not satisfied that the person was the driver or is satisfied that
(a) the person was not advised of his or her right to request and be provided with a second analysis by a different approved screening device or approved instrument, as the case may be,
(b) if the person requested a second analysis, the second analysis was not provided by the peace officer or was not performed with a different approved screening device or approved instrument, as the case may be, than was used in the first analysis or the order of suspension was not served on the person on the basis of the lower analysis result,
(c) the approved screening device or approved instrument, as the case may be, did not produced a result indicating the presence of alcohol in the driver’s blood exceeding 80 mg of alcohol in 100 ml of blood,
(d) the results of the analysis are not reliable, or
(e) in the case of an order of suspension issued for the purpose of paragraph 310.04(2)(b), the person did not fail or refuse to comply with a demand to supply a sample of breath or blood under section 254 of the Criminal Code (Canada).
310.05(8)The Registrar shall
(a) if no oral hearing is requested, consider the application within ten days after compliance with paragraphs (1)(a), (b) and (d), and
(b) if an oral hearing is requested, hold the hearing within 20 days after compliance with subsection (1).
310.05(9)Despite subsection (8), the failure of the Registrar to consider the application or hold the hearing within the required time does not affect the jurisdiction of the Registrar to consider or hear the application or to make a decision with respect to it.
310.05(10)If the applicant who requests an oral hearing fails to appear without prior notice to the Registrar, the right to a hearing shall be deemed to have been waived by the applicant.
310.05(11)Where the appellant who requests an oral hearing fails to appear without prior notice to the Registrar, the right to a hearing shall be deemed to have been waived by the appellant.
310.05(12)The decision of the Registrar shall be in writing and a copy of it shall be sent within seven days after the date of the date the application was considered or the hearing held by registered or certified mail to the person at his or her last known address as shown on the applicant’s driver’s licence and to the address shown in the application, if that address is different from the address of record.
310.05(13)The Lieutenant-Governor in Council may make regulations prescribing the fee to be paid for a review and the fee to be paid for an oral hearing.
2007, c.44, s.20; 2016, c.8, s.16
Review of administrative licence suspension
310.05(1)A person may apply for review of an order of suspension under section 310.04 by
(a) filing an application for review with the Registrar,
(b) paying the prescribed fee and, where an oral hearing is requested, the prescribed oral hearing fee,
(c) obtaining a date and time for a hearing,
(d) surrendering his or her licence if it has not been previously surrendered, unless he or she certifies to the Registrar that the licence has been lost or destroyed.
310.05(2)The application for review shall be in the form, contain the information and be completed in the manner required by the Registrar.
310.05(3)The application for review may be accompanied by sworn statements or other evidence that the person wishes the Registrar to consider.
310.05(4)An application does not stay any suspension given under section 310.04.
310.05(5)The Registrar is not required to hold an oral hearing unless the applicant requests an oral hearing at the time of filing the application and pays the prescribed fee.
310.05(6)In a review under this section, the Registrar shall consider
(a) any relevant sworn or solemnly affirmed statements and any other relevant information,
(b) the report of the peace officer,
(c) a copy of any certificate of analysis under section 258 of the Criminal Code (Canada) without proof of the signature and official character of the person appearing to have signed the certificate or that the copy is a true copy, and
(d) where an oral hearing is held, in addition to the matters referred to in paragraphs (a) to (c), any relevant evidence and information given or representations made at the hearing.
310.05(7)The sole issue before the Registrar in a review under this section is whether it is established to his or her satisfaction that
(a) the person operated or had care or control of a motor vehicle having consumed alcohol in such a quantity that the concentration of it in his or her blood exceeded 80 milligrams of alcohol in 100 millilitres of his or her blood, or
(b) the person failed or refused to comply with a demand made on him or her under section 254 of the Criminal Code (Canada) in respect of the operation or care or control of a motor vehicle.
310.05(8)The Registrar shall
(a) where no oral hearing is requested, consider the application within ten days after compliance with paragraphs (1)(a), (b) and (d), and
(b) where an oral hearing is requested, hold the hearing within twenty days after compliance with subsection (1),
but the failure of the Registrar to consider the application or hold the hearing within the required time does not affect the jurisdiction of the Registrar to consider or hear the application or to make a decision with respect to it.
310.05(9)Where the evidence before the Registrar supports an affirmative determination on the issue referred to in subsection (7), the Registrar shall sustain the order of suspension.
310.05(10)Where the evidence before the Registrar supports a negative determination on the issue referred to in subsection (7), the Registrar shall
(a) revoke the order of suspension,
(b) return any licence surrendered to the Registrar, and
(c) direct that the fees paid for the application for review be refunded.
310.05(11)Where the appellant who requests an oral hearing fails to appear without prior notice to the Registrar, the right to a hearing shall be deemed to have been waived by the appellant.
310.05(12)The decision of the Registrar shall be in writing and a copy of it shall be sent within seven days after the date of the date the application was considered or the hearing held by registered or certified mail to the person at his or her last known address as shown in the records maintained by the Registrar and to the address shown in the application, if that address is different from the address of record.
310.05(13)The Lieutenant-Governor in Council may make regulations prescribing the fee to be paid for a review and the fee to be paid for an oral hearing.
2007, c.44, s.20
Review of administrative licence suspension
310.05(1)A person may apply for review of an order of suspension under section 310.04 by
(a) filing an application for review with the Registrar,
(b) paying the prescribed fee and, where an oral hearing is requested, the prescribed oral hearing fee,
(c) obtaining a date and time for a hearing,
(d) surrendering his or her licence if it has not been previously surrendered, unless he or she certifies to the Registrar that the licence has been lost or destroyed.
310.05(2)The application for review shall be in the form, contain the information and be completed in the manner required by the Registrar.
310.05(3)The application for review may be accompanied by sworn statements or other evidence that the person wishes the Registrar to consider.
310.05(4)An application does not stay any suspension given under section 310.04.
310.05(5)The Registrar is not required to hold an oral hearing unless the applicant requests an oral hearing at the time of filing the application and pays the prescribed fee.
310.05(6)In a review under this section, the Registrar shall consider
(a) any relevant sworn or solemnly affirmed statements and any other relevant information,
(b) the report of the peace officer,
(c) a copy of any certificate of analysis under section 258 of the Criminal Code (Canada) without proof of the signature and official character of the person appearing to have signed the certificate or that the copy is a true copy, and
(d) where an oral hearing is held, in addition to the matters referred to in paragraphs (a) to (c), any relevant evidence and information given or representations made at the hearing.
310.05(7)The sole issue before the Registrar in a review under this section is whether it is established to his or her satisfaction that
(a) the person operated or had care or control of a motor vehicle having consumed alcohol in such a quantity that the concentration of it in his or her blood exceeded 80 milligrams of alcohol in 100 millilitres of his or her blood, or
(b) the person failed or refused to comply with a demand made on him or her under section 254 of the Criminal Code (Canada) in respect of the operation or care or control of a motor vehicle.
310.05(8)The Registrar shall
(a) where no oral hearing is requested, consider the application within ten days after compliance with paragraphs (1)(a), (b) and (d), and
(b) where an oral hearing is requested, hold the hearing within twenty days after compliance with subsection (1),
but the failure of the Registrar to consider the application or hold the hearing within the required time does not affect the jurisdiction of the Registrar to consider or hear the application or to make a decision with respect to it.
310.05(9)Where the evidence before the Registrar supports an affirmative determination on the issue referred to in subsection (7), the Registrar shall sustain the order of suspension.
310.05(10)Where the evidence before the Registrar supports a negative determination on the issue referred to in subsection (7), the Registrar shall
(a) revoke the order of suspension,
(b) return any licence surrendered to the Registrar, and
(c) direct that the fees paid for the application for review be refunded.
310.05(11)Where the appellant who requests an oral hearing fails to appear without prior notice to the Registrar, the right to a hearing shall be deemed to have been waived by the appellant.
310.05(12)The decision of the Registrar shall be in writing and a copy of it shall be sent within seven days after the date of the date the application was considered or the hearing held by registered or certified mail to the person at his or her last known address as shown in the records maintained by the Registrar and to the address shown in the application, if that address is different from the address of record.
310.05(13)The Lieutenant-Governor in Council may make regulations prescribing the fee to be paid for a review and the fee to be paid for an oral hearing.
2007, c.44, s.20