Learner’s licences
“accompanying driver” means a licensed driver referred to in paragraph 84(4)(a) or (b) or subparagraph 84(5)(a)(i) or (ii);(conducteur accompagnateur)
“stage one” means the period during which a novice driver is the holder of a stage one learner’s licence;(première étape)
“stage two” means the period during which a novice driver is the holder of a stage two learner’s licence.(deuxième étape)
84(2)A person who is at least sixteen years of age may apply to the Registrar for a learner’s licence and the Registrar may, after the applicant has successfully passed all parts of the examination required by section 89 other than the road test, issue to the applicant a stage one learner’s licence.
84(3)A learner’s licence shall, subject to this section, entitle the holder, while having possession of the licence, to drive a motor vehicle, other than a motorcycle or a motor driven cycle, upon a public highway for a period of two years.
84(4)A novice driver who, during stage one, operates or has care or control of a motor vehicle, whether in motion or not, does so subject to, and shall comply with, the following conditions:
(a)
if the motor vehicle has accommodation for a passenger alongside the driver, the novice driver shall be accompanied by a licensed driver who is occupying a seat alongside the novice driver and who is the holder of a valid and subsisting licence, other than a learner’s licence, that authorizes the holder to operate that type of motor vehicle;
(b)
if the motor vehicle does not have accommodation for a passenger alongside the driver, the novice driver shall be under the direct observation and supervision of a licensed driver who is occupying a seat inside the motor vehicle and who is the holder of a valid and subsisting licence, other than a learner’s licence, that authorizes the holder to operate that type of motor vehicle;
(c)
no other person, other than a licensed driver referred to in paragraph (
a) or (
b), shall be in or on that motor vehicle;
(c.1)
the novice driver shall not operate the motor vehicle between the hours of 12 midnight and 5 a.m.;
(d)
the novice driver shall not have consumed alcohol in such a quantity that the concentration in the novice driver’s blood exceeds zero milligrams of alcohol in one hundred millilitres of blood; and
(e)
the novice driver shall not have consumed a drug that is prescribed by regulation in such a quantity that its presence is detectable by approved drug screening equipment.
84(5)A novice driver who, during stage two, operates or has care or control of a motor vehicle, whether in motion or not, does so subject to, and shall comply with, the following conditions:
(a)
if the novice driver is under the age of 21 years, the novice driver shall, subject to subsections (5.1) and (5.2), only operate a motor vehicle between 12 midnight and 5 a.m. in the following circumstances:
(i)
if the motor vehicle has accommodation for a passenger alongside the driver, the novice driver is accompanied by a licensed driver who is occupying a seat alongside the novice driver and who is the holder of a valid and subsisting licence, other than a learner’s licence, that authorizes the holder to operate that type of motor vehicle;
(ii)
if the motor vehicle does not have accommodation for a passenger alongside the driver, the novice driver is under the direct observation and supervision of a licensed driver who is occupying a seat inside the motor vehicle and who is the holder of a valid and subsisting licence, other than a learner’s licence, that authorizes the licensed driver to operate that type of motor vehicle;
(iii)
no other person, other than a licensed driver referred to in subparagraph (i) or (ii), is in or on the motor vehicle;
(b)
the novice driver shall not be accompanied by more than 3 passengers, only one of whom may occupy a seat alongside the novice driver;
(c)
the novice driver shall not have consumed alcohol in such a quantity that the concentration in the novice driver’s blood exceeds zero milligrams of alcohol in one hundred millilitres of blood; and
(d)
the novice driver shall not have consumed a drug that is prescribed by regulation in such a quantity that its presence is detectable by approved drug screening equipment.
84(5.1)The condition referred to in paragraph (5)(
a) does not apply to a novice driver who is operating a motor vehicle between 12 midnight and 5 a.m. for educational or employment purposes.
84(5.2)The Registrar may, upon application and as soon as practicable after receiving the application, exempt a holder of a stage two learner’s licence, upon such terms and conditions as the Registrar considers appropriate, from the application of paragraph (5)(
a) if the purpose for which the exemption is required is not a purpose referred to in subsection (5.1) and, in the opinion of the Registrar, is reasonable.
84(5.3)A person acting as an accompanying driver shall hold a valid driver’s licence issued under the provisions of this Act or by another jurisdiction for at least 3 years.
84(5.4)It is a defence to a charge against a novice driver under paragraph (4)(
a), (
b), (
c) or (
c.1) or subparagraph (5)(
a)(i), (ii) or (iii) or paragraph (5)(
b) if the novice driver can establish that an immediate threat to the novice drivers’s health or safety, or the health or safety of an occupant of the vehicle, existed or was likely to exist if paragraph (4)(
a), (
b), (
c) or (
c.1) or subparagraph (5)(
a)(i), (ii) or (iii) or paragraph (5)(
b), as the case may be, was complied with.
84(6)A novice driver is qualified to hold a stage two learner’s licence when
(a)
the driver has held a stage one learner’s licence without interruption for the preceding 8 or more calendar months, has successfully passed a licensed driver training course during the previous 2 years and has successfully passed the required road test, or
(b)
the driver has held a stage one learner’s licence without interruption for the preceding 12 or more calendar months and has successfully passed the required road test.
84(7)A novice driver who is qualified to hold a stage two learner’s licence may apply for one by presenting the driver’s stage one licence, along with documentary proof of having successfully passed a licensed driver training course, if applicable, to the Registrar, and the Registrar, if satisfied that the novice driver is fully qualified, may issue a stage two learner’s licence to the novice driver.
84(8)Subject to subsection (9), no person may apply for a driver’s licence unless the person
(a)
has complied with all of the requirements of this Act, any rules or regulations imposed under subsection 83(2) and any other requirements or terms and conditions to be met respecting that licence that may be established under the regulations, and
(b)
has been the holder of a learner’s licence without interruption for the preceding twenty-four or more calendar months, at least twelve of which were spent by the holder in stage two.
84(9)Paragraph (8)(
b) does not apply to
(a)
persons applying for a learner’s licence or a motorcycle learner’s licence, as the case may be,
(b)
persons applying for a licence authorizing the holder to drive only a farm tractor or only a motor-driven cycle and a farm tractor, or
(c)
persons who are exempted or are members of a class of persons who are exempted by regulation from the application of paragraph (8)(
b).
84(10)For the purposes of subsections (6) and (8), a period of time during which a novice driver is a licensed driver in another province, in a territory of Canada or in another country, during the preceding two years, may be substituted for a period of time during which the novice driver would be required to hold a learner’s licence or to spend in stage one or stage two or both, in whole or in part, if, in the opinion of the Registrar, the substituted period and the period or periods substituted for constitute periods of equivalent experience and there has been no interruption between any two periods of time to be combined.
84(11)Notwithstanding any other provision of this Act or the regulations, if a person is convicted of an offence under subsection 320.14(1) or (4) or subsection 320.15(1) of the
Criminal Code (Canada), paragraph (4)(d) or (e) or (5)(c) or (d) or subsection 310.02(13) and if the offence was committed while the person was the holder of a learner’s licence, the Registrar shall revoke any licence that is held by the person at the time of conviction, and shall suspend the driving privilege of the person, whether or not the person holds a licence, for a period expiring upon the later of
(a)
the expiration of any periods of revocation and suspension already imposed, and
(b)
the expiration of one year from the date on which the revocation or suspension commences.
84(12)A person whose learner’s licence is revoked or whose driving privilege is suspended by operation of
(a)
subsection (11) shall, if again applying for a learner’s licence, not be permitted to hold another learner’s licence until the person has successfully completed, and paid the fee set by the Registrar for, the impaired driver re-education course approved by the Minister of Health and assigned to the person by the Registrar, and
(b)
subsection (11), 298(4) or 300(1) or (2) shall, if again holding a learner’s licence, start anew at the beginning of stage one and fulfill all the requirements of this section before applying for a stage two learner’s licence and before applying for another driver’s licence in accordance with subsection (8).
84(12.01)A person whose licence, other than a learner’s licence, is revoked under subsection (11) shall not be permitted to hold another licence until
(a)
the applicable period referred to in subsection (11) has expired, and
(b)
the person has, subsequent to the revocation, successfully completed the impaired driver re-education course approved by the Minister of Health and assigned to the person by the Registrar, and paid the fee set by the Registrar for the course.
84(12.1)Subsection 301.01(1) applies with the necessary modifications to a fee paid under paragraph (12)(
a) or subsection (12.01).
84(13)A novice driver who starts anew under subsection (12) to fulfill the requirements of this section shall not receive credit
(a)
under subsection (6) or paragraph (8)(
b), for any time spent in stage one or stage two or as the holder of a Class 7 licence referred to in subsection 14 before starting anew, or
(b)
under paragraph (6)(
a), for any licensed driver training course passed before starting anew.
84(13.1)A driver’s licence that is valid on the day this subsection comes into force
(a)
is subject to any conditions imposed on it under subsection 84(4) or (5), if the licence is a stage one or stage two learner’s licence, and
(b)
is deemed to be subject to the restriction referred to in subsection 91(1.01), if the holder of the driver’s licence is under the age of 21 years.
84(14)On the commencement of this subsection, every subsisting Class 7 licence shall be deemed to be a stage one learner’s licence.
84(15)For the purposes of determining the period of time spent in stage one or as the holder of a learner’s licence by the holder of a Class 7 licence referred to in subsection (14), credit shall be given for the period of time during which the holder held that specific class 7 licence before the commencement of that subsection.
1955, c.13, s.74; 1961-62, c.62, s.18; 1964, c.43, s.3; 1967, c.54, s.11; 1968, c.38, s.7; 1972, c.48, s.16; 1994, c.4, s.2; 1994, c.31, s.7; 1994, c.69, s.3; 1998, c.30, s.8; 2000, c.26, s.193; 2002, c.32, s.10; 2006, c.16, s.113; 2008, c.33, s.2; 2014, c.44, s.4; 2017, c.54, s.2; 2017, c.54, s.26