Acts and Regulations

M-17 - Motor Vehicle Act

Section 310.18.4
Disposition versions

Full text
Extension of the alcohol ignition interlock device program or suspension of driving privilege
310.18.4(1)The participation of a mandatory participant may be extended if
(a) it is at least his or her second time participating in the program,
(b) the participant has been convicted of an offence under paragraph 310.15(1)(b), (c) or 310.16(a) or (b), and
(c) the participant does not comply with subparagraph 310.13(4)(a)(ii) or (iii) or subsection 310.13(7).
310.18.4(2)The suspension of the driving privilege of a mandatory participant who had been exempted from the program may be extended.
310.18.4(3)With respect to a mandatory participant, on receiving the recommendations of the advisory committee established under subsection (4) and subject to subsection (6), the Registrar may
(a) with respect to an extension of the program under subsection (1),
(i) for the circumstances referred to in paragraphs (1)(a) and (b), extend the participation of the person in the program for a period no longer than the period referred to in subsection 320.24(2) of the Criminal Code (Canada) or the period imposed under subsection 300(1), whichever is longer;
(ii) for the circumstance referred to in paragraph (1)(c),
(A) take the following action until the person conforms with the requirements of subparagraph 310.13(4)(a)(i) or (ii) or paragraph 310.13(7)(b), as the case may be:
(I) suspend the person from participation in the program;
(II) order the authorized service provider to remove the alcohol ignition interlock device from his or her vehicle;
(III) revoke the person’s probationary licence issued under paragraph 301(1)(a); or
(IV) suspend the person’s driving privilege;
(B) reinstate, once the person complies with subparagraph 310.13(4)(a)(i) or (ii) or paragraph 310.13(7)(b), as the case may be, the person in the program for a period equivalent to the remaining mandatory period, if his or her participation in the program was not suspended under clause (A),
(C) extend, once the period referred to in clause (B) has ended, the person’s participation in the program for a period no longer than the period referred to in subsection 320.24(2) of the Criminal Code (Canada) or the period imposed under subsection 300(1), whichever is longer;
(b) with respect to an extension of the program under subsection (2),
(i) end the suspension of the person’s driving privilege; or
(ii) extend the suspension of the person’s driving privilege for a period no longer than the period referred to in subsection 320.24(2) of the Criminal Code (Canada) or the period imposed under subsection 300(1), whichever is longer.
310.18.4(4)The Registrar shall establish an advisory committee
(a) in the cases referred to in subsection (1), to review the record of a mandatory participant, including the data recorded by an alcohol ignition interlock device,
(i) to determine the person’s ability to dissociate drinking from driving, and
(ii) to make recommendations to the Registrar with respect to the person’s participation in the program, and
(b) in the cases referred to in subsection (2), to review the record of a mandatory participant
(i) to determine the person’s ability to dissociate drinking from driving, and
(ii) to make recommendations to the Registrar with respect to the reinstatement of the person’s driving privilege and the issuance of a probationary licence.
310.18.4(5)The members of the advisory committee shall be appointed by the Registrar.
310.18.4(6)Before making a determination under subsection (3), the Registrar shall consider
(a) in the cases referred to in subsection (1),
(i) the recommendations made by the advisory committee,
(ii) the data recorded by the alcohol ignition interlock device,
(iii) the report of the authorized service provider referred to in paragraph 310.14(3)(c),
(iv) the length of the program,
(v) the risks of the participant committing a further drinking and driving offence,
(vi) any offence referred to in paragraph (1)(b),
(vii) a written statement of the participant, if any, and
(viii) any other criteria established by regulation, and
(b) in the cases referred to in subsection (2), the recommendations made by the advisory committee, the risks of the participant committing a further drinking and driving offence and any other criteria established by regulation.
310.18.4(7)The recommendations of the advisory committee and the decision of the Registrar shall be made within ten days of the date set for the end of the program or within ten days of the suspension of the driving privilege of the mandatory participant, as the case may be.
310.18.4(8)The participation in the program of the mandatory participant or the suspension of his or her driving privilege, as the case may be, shall continue until the Registrar makes a decision under subsection (3).
2016, c.8, s.20; 2017, c.54, s.21; 2017, c.54, s.48
Extension of the alcohol ignition interlock device program or suspension of driving privilege
310.18.4(1)The participation of a mandatory participant may be extended if
(a) it is at least his or her second time participating in the program,
(b) the participant has been convicted of an offence under paragraph 310.15(1)(b), (c) or 310.16(a) or (b), and
(c) the participant does not comply with subparagraph 310.13(4)(a)(i) or (ii) or subsection 310.13(7).
310.18.4(2)The suspension of the driving privilege of a mandatory participant who had been exempted from the program may be extended.
310.18.4(3)With respect to a mandatory participant, on receiving the recommendations of the advisory committee established under subsection (4) and subject to subsection (6), the Registrar may
(a) with respect to an extension of the program under subsection (1),
(i) for the circumstances referred to in paragraphs (1)(a) and (b), extend the participation of the person in the program for a period no longer than the period referred to in subsection 259(1) of the Criminal Code (Canada) or the period imposed under subsection 300(1), whichever is longer;
(ii) for the circumstance referred to in paragraph (1)(c),
(A) take the following action until the person conforms with the requirements of subparagraph 310.13(4)(a)(i) or (ii) or paragraph 310.13(7)(b), as the case may be:
(I) suspend the person from participation in the program;
(II) order the authorized service provider to remove the alcohol ignition interlock device from his or her vehicle;
(III) revoke the person’s probationary licence issued under paragraph 301(1)(a); or
(IV) suspend the person’s driving privilege;
(B) reinstate, once the person complies with subparagraph 310.13(4)(a)(i) or (ii) or paragraph 310.13(7)(b), as the case may be, the person in the program for a period equivalent to the remaining mandatory period, if his or her participation in the program was not suspended under clause (A),
(C) extend, once the period referred to in clause (B) has ended, the person’s participation in the program for a period no longer than the period referred to in subsection 259(1) of the Criminal Code (Canada) or the period imposed under subsection 300(1), whichever is longer;
(b) with respect to an extension of the program under subsection (2),
(i) end the suspension of the person’s driving privilege; or
(ii) extend the suspension of the person’s driving privilege for a period no longer than the period referred to in subsection 259(1) of the Criminal Code (Canada) or the period imposed under subsection 300(1), whichever is longer.
310.18.4(4)The Registrar shall establish an advisory committee
(a) in the cases referred to in subsection (1), to review the record of a mandatory participant, including the data recorded by an alcohol ignition interlock device,
(i) to determine the person’s ability to dissociate drinking from driving, and
(ii) to make recommendations to the Registrar with respect to the person’s participation in the program, and
(b) in the cases referred to in subsection (2), to review the record of a mandatory participant
(i) to determine the person’s ability to dissociate drinking from driving, and
(ii) to make recommendations to the Registrar with respect to the reinstatement of the person’s driving privilege and the issuance of a probationary licence.
310.18.4(5)The members of the advisory committee shall be appointed by the Registrar.
310.18.4(6)Before making a determination under subsection (3), the Registrar shall consider
(a) in the cases referred to in subsection (1),
(i) the recommendations made by the advisory committee,
(ii) the data recorded by the alcohol ignition interlock device,
(iii) the report of the authorized service provider referred to in paragraph 310.14(3)(c),
(iv) the length of the program,
(v) the risks of the participant committing a further drinking and driving offence,
(vi) any offence referred to in paragraph (1)(b),
(vii) a written statement of the participant, if any, and
(viii) any other criteria established by regulation, and
(b) in the cases referred to in subsection (2), the recommendations made by the advisory committee, the risks of the participant committing a further drinking and driving offence and any other criteria established by regulation.
310.18.4(7)The recommendations of the advisory committee and the decision of the Registrar shall be made within ten days of the date set for the end of the program or within ten days of the suspension of the driving privilege of the mandatory participant, as the case may be.
310.18.4(8)The participation in the program of the mandatory participant or the suspension of his or her driving privilege, as the case may be, shall continue until the Registrar makes a decision under subsection (3).
2016, c.8, s.20