Acts and Regulations

2016, c.8 - An Act to Amend the Motor Vehicle Act

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2016, c.8
An Act to Amend the
Motor Vehicle Act
Assented to February 11, 2016
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1Section 1 of the Motor Vehicle Act, chapter M-17 of the Revised Statutes, 1973, is amended
(a) in the definition “Registrar” by striking out “the Deputy Registrar” and substituting “the Deputy Registrars”;
(b) by adding the following definitions in alphabetical order:
“approved instrument” means an approved instrument as defined in section 254 of the Criminal Code (Canada);(alcootest approuvé)
“approved screening device” means an approved screening device as defined in section 254 of the Criminal Code (Canada);(appareil de détection approuvé)
“daytime running lights” means lights designed to be used on a motor vehicle for the purpose of making the motor vehicle more visible when it is viewed from the front in the daylight;(feux de jour)
2Section 3 of the Act is amended
(a) by adding after subsection (1) the following:
3(1.1)The Minister shall appoint the Registrar.
(b) by repealing subsection (6) and substituting the following:
3(6)The Registrar may appoint one or more Deputy Registrars of Motor Vehicles who shall have all the powers and may perform all the duties of the Registrar.
3Subsection 13(5) of the Act is amended in the portion preceding paragraph (a) by striking out “the Deputy Registrar” and substituting “a Deputy Registrar”.
4Subsection 197(1) of the Act is amended by striking out “A vehicle” and substituting “Except as otherwise provided in this Act, a vehicle”.
5The Act is amended by adding after section 207 the following:
207.1(1)Every motor vehicle shall be equipped with daytime running lights in accordance with the standards set out in the regulations under the Motor Vehicle Safety Act (Canada).
207.1(2)Despite subsection (1), a motor vehicle operated by a member of the Royal Canadian Mounted Police or a police officer appointed under section 10, 11 or 17.3 of the Police Act, in the course of his or her duties or employment, may be equipped with a switch that, when activated, bypasses the unit controlling the daytime running lights, and the switch may be activated if the motor vehicle is also equipped with an indicator light to alert the driver that the daytime running lights system has been bypassed and if both the indicator light and the switch are activated at the same time.
207.1(3)Subsection (1) does not apply to a motor vehicle manufactured before January 1, 1989, and to a motor vehicle registered outside the Province, but the head lamps referred to in section 209 on those motor vehicles shall be lighted during the day time when on a highway.
207.1(4)No person shall operate on a highway
(a) a motor vehicle that
(i) is not equipped with daytime running lights, or
(ii) is equipped with daytime running lights that are not alight, or
(b) despite paragraph (a), a motor vehicle referred to in subsection (3) during the day time if the head lamps of the motor vehicle referred to in section 209 are not lighted.
6Section 297 of the Act is amended
(a) by adding after subsection (1) the following:
297(1.1)The Registrar shall keep records for a period of ten years in respect to each driver and each non-resident driver as a result of a conviction for an offence under sections 310.01, 310.02, 310.021 and 310.04 and a conviction entered against the person for an offence under sections 253 and 254 of the Criminal Code (Canada).
(b) by adding after paragraph (2)(i.1) the following:
(i.2) upon conviction of an offence under paragraph 207.1(4)(a) or (b), 2 points;
7Section 301 of the Act is repealed and the following is substituted:
301(1) On application, the Registrar shall issue a licence that is, subject to section 304, probationary
(a) subject to subsection 310.13(4), to a person who is registered in the alcohol ignition interlock device program established under section 310.12, if no further convictions have been entered against the person and no orders directing discharge have been issued in relation to him or her under subsection 255(5) of the Criminal Code (Canada),
(b) subject to paragraph (c), to a person when the period of suspension of his or her driving privilege imposed under paragraph 300(1)(a), (b) or (b.1), subsection 302(1), (2), (2.1), (2.2), (3) or (4), section 302.1 or subsection 310.18(2) or 310.18.1(2) or section 310.18.2 has elapsed, if the driving privilege that was suspended is reinstated, no further convictions have been entered against the person and no orders directing discharge have been issued in relation to him or her under subsection 255(5) of the Criminal Code (Canada), and
(c) to a person when the period of suspension of his or her driving privilege has been extended under subparagraph 310.18.4(3)(b)(ii), at the expiry of that period, if no further convictions have been entered against the person and no orders directing discharge have been issued in relation to him or her under subsection 255(5) of the Criminal Code (Canada).
301(2)Subject to subsection 310.13(4), the Registrar shall not reinstate the driving privilege of a resident of the Province
(a) with respect to a conviction entered against him or her for an offence under section 253 or 254 of the Criminal Code (Canada), until the resident
(i) subject to section 310.18, has completed the alcohol ignition interlock device program referred to in section 310.12, and
(ii) has successfully completed the drinking driver re-education course approved by the Minister of Health and assigned to the person by the Registrar, and
(b) with respect to an offence under paragraph 310.01(4)(c), until the resident has successfully completed the drinking driver re-education course approved by the Minister of Health and assigned to the person by the Registrar.
8Subsection 301.01(2) of the Act is repealed and the following is substituted:
301.01(2)The Registrar may enter into contracts, agreements or arrangements with respect to the provision of the drinking driver re-education course and set the fees required to be paid for the course.
9Section 302 of the Act is amended
(a) in subsection (2.1) by repealing the portion following paragraph (c) and substituting the following:
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.
(b) in subsection (2.2) by repealing the portion following paragraph (c) and substituting the following:
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.
10Section 304 of the Act is repealed and the following is substituted:
304Despite section 303, when a person is the holder of a licence issued under section 301, without being convicted for the periods referred to below of an offence under this Act or the regulations, a local by-law or the Criminal Code (Canada) involving the use of a motor vehicle, or under subsection 4(1) or (2) or 7(5) or (6) of the Transportation of Dangerous Goods Act, and without being discharged under subsection 255(5) of the Criminal Code (Canada), the licence of that person is no longer probationary, that person shall no longer be considered, for the purposes of this Act, as the holder of a licence issued under section 301 and all points assessed against that person for previous convictions or orders directing discharge shall be removed from that person’s record:
(a) with respect to a participant in the alcohol ignition interlock device program established under section 310.12, for a period of one year or for the duration of the program, whichever is longer; and
(b) with respect to any other person, for a period of one year.
11The Act is amended by adding after section 310 the following:
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.
12Section 310.01 of the Act is amended
(a) in subsection (1) by striking out “as defined in section 254 of the Criminal Code (Canada)”;
(b) in subsection (2) by striking out “as defined in section 254 of the Criminal Code (Canada)”;
(c) by repealing subsection (4) and substituting the following:
310.01(4)On a request being made under subsection (1), (2) or (3), the person to whom the request is made shall immediately surrender his or her licence to the peace officer and, whether or not the person is unable or fails to surrender his or her licence, his or her licence is revoked and driving privilege suspended for a period of, from the time the request is made,
(a) seven days, in the case of a first revocation and suspension,
(b) 15 days, in the case of a second revocation and suspension in the five years preceding the date of the revocation and suspension, and
(c) 30 days, in the case of a third or subsequent revocation and suspension in the five years preceding the date of the revocation and suspension.
(d) by repealing subsection (6) and substituting the following:
310.01(6)When an analysis of the breath of a person is made under subsection (1) and registers “Warn”,
(a) the person has the right to require a second analysis to be immediately performed, and
(b) the peace officer who made the demand shall advise the person of his or her right to a second analysis before revoking the person’s driver’s licence and suspending his or her driving privilege.
(e) by repealing subsection (7) and substituting the following:
310.01(7)If a second analysis is requested under this section, the analysis shall be performed by a different approved screening device or approved instrument, as the case may be, than was used in the first analysis.
(f) by adding after subsection (7) the following:
310.01(7.1)If a driver provides a sample of breath for a second analysis, the lower of the first and second analysis results shall govern for the purposes of this section.
(g) in the French version of subsection (9) by striking out “appareil de détection” and substituting “appareil de détection approuvé”;
(h) in subsection (10)
(i) in paragraph (a) by striking out “and” at the end of the paragraph;
(ii) in paragraph (b) by striking out the period at the end of the paragraph and substituting a semicolon;
(iii) by adding after paragraph (b) the following:
(c) deliver without delay to the Registrar the following documents:
(i) in the case of a revocation and suspension under paragraph (4)(b) or (c), the person’s driver’s licence, if one has been surrendered; and
(ii) a report sworn or solemnly affirmed by the peace officer; and
(d) make available to the Registrar on request the following documents:
(i) a copy of the written statement sworn or solemnly affirmed by the peace officer;
(ii) a copy of the certificate of analysis under section 258 of the Criminal Code (Canada) with respect to the person referred to in subsection (4); and
(iii) in the case of a revocation of a licence and the suspension of a driving privilege relating to the analysis of a sample of breath, information relating to the calibration of the approved screening device or approved instrument, as the case may be, on the basis of which the written statement was provided.
(i) by repealing subsection (11) and substituting the following:
310.01(11)If a licence is revoked and driving privilege is suspended under paragraph (4)(a) or (b) and the peace officer believes that the detention and impoundment of the motor vehicle that the person was operating at the time of the revocation and suspension is necessary to prevent the driver from operating the motor vehicle before the expiry of the period of revocation and suspension, the peace officer may detain the motor vehicle and the vehicle shall be impounded
(a) with respect to a revocation and suspension of a person’s licence and driving privilege under paragraph (4)(a), for three days from the time it was detained, and
(b) with respect to a revocation and suspension of a person’s licence and driving privilege under paragraph (4)(b), for seven days from the time it was detained.
(j) by repealing subsection (12) and substituting the following:
310.01(12)If a licence is revoked and driving privilege is suspended under paragraph (4)(c), the peace officer shall detain the motor vehicle and the vehicle shall be impounded for seven days from the time it was detained.
(k) by adding after subsection (12) the following:
310.01(13)Section 310.2 applies to the detention and impoundment of a motor vehicle under subsection (11) or (12).
310.01(14)Within 15 days of the revocation and suspension, a person may apply to the Registrar for a review of the revocation and suspension of his or her licence and driving privilege under subsection (4) by
(a) filing an application for review with the Registrar,
(b) paying the fee prescribed by regulation and, if an oral hearing is requested, the fee prescribed by regulation for the oral hearing,
(c) obtaining a date and time for a hearing, and
(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.
310.01(15)An oral hearing may be requested only in the case referred to in paragraph (4)(c).
310.01(16)The application for review shall be in the form, contain the information and be completed in the manner required by the Registrar.
310.01(17)A person may attach to the application for review any evidence that he or she wishes the Registrar to consider, including solemnly affirmed statements.
310.01(18)An application for review does not stay a revocation and suspension of a person’s licence and driving privilege given under subsection (4).
310.01(19)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 fee prescribed by regulation for the oral hearing.
310.01(20)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) if 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 written statement,
(f) in the case of a second or subsequent revocation and suspension, 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 written statement.
310.01(21)The Registrar shall sustain the revocation and suspension of a person’s licence and driving privilege if, after considering an application for review under subsection (14), 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 provided by the peace officer and 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 written statement of the revocation and suspension was provided to the person on the basis of the lower analysis result,
(c) the approved screening device or approved instrument, as the case may be, registered a result of the concentration of alcohol in the person’s blood that is 50 mg or more of alcohol in 100 ml of blood,
(d) the results of the analysis are reliable, and
(e) in the case of a 15-day revocation and suspension, the revocation and suspension was a second revocation and suspension of the applicant’s licence and driving privilege in the five years preceding the date of the revocation and suspension, or, in the case of a 30-day revocation and suspension, the revocation and suspension was a third or subsequent revocation and suspension of the applicant’s licence and driving privilege in the five years preceding the date of the revocation and suspension.
310.01(22)The Registrar shall revoke the revocation and suspension of a person’s licence and 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 (14), 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 written statement of the revocation and suspension was not provided to 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 register a result of the concentration of alcohol in the person’s blood that is 50 mg or more of alcohol in 100 ml of blood,
(d) the results of the analysis are not reliable, or
(e) in the case of a 15-day revocation and suspension, the revocation and suspension of the applicant’s licence and driving privilege was not a second revocation and suspension in the five years preceding the date of the revocation and suspension, or, in the case of a 30-day revocation and suspension, the revocation and suspension of the applicant’s licence and driving privilege was not a third or subsequent revocation and suspension in the five years preceding the date of the revocation and suspension.
310.01(23)The Registrar shall
(a) if no oral hearing is requested, consider the application within ten days after compliance with paragraphs (14)(a), (b) and (d), and
(b) if an oral hearing is requested, hold the hearing within 20 days after compliance with subsection (14).
310.01(24)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.
310.01(25)The decision of the Registrar shall be in writing and a copy of it shall be sent to the applicant by registered or certified mail within seven days after the date on which the application was considered or the hearing held at his or her last known address as shown on the applicant’s driver’s licence.
310.01(26)Despite subsection (23), 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.
310.01(27)The Lieutenant-Governor in Council may make regulations prescribing the fees to be paid for a review and the fees to be paid for a hearing under this section.
13Section 310.02 of the Act is amended
(a) by repealing subsection (1) and substituting the following:
Definition of “qualified technician”
310.02(1)In this section, “qualified technician” means a qualified technician as defined in subsection 254(1) of the Criminal Code (Canada).
(b) in subsection (3) by striking out “a provincially approved screening device” and substituting “an approved screening device or approved instrument”;
(c) by repealing subsection (4) and substituting the following:
310.02(4)A peace officer may request a novice driver to surrender his or her learner’s licence if, on demand of the officer made under subsection (3), the novice driver fails or refuses to provide a sample of breath or provides a sample of breath that, on analysis by an approved screening device or approved instrument, produces a result indicating the presence of alcohol.
(d) in paragraph (5)(b) by striking out “, in the manner prescribed by regulation,”;
(e) by repealing subsection (7) and substituting the following:
310.02(7)If an analysis of the breath of a novice driver is made under subsection (3), (4) or (5) and produces a result indicating the presence of alcohol
(a) the novice driver has the right to require a second analysis to be immediately performed, and
(b) the peace officer who made the demand shall advise the novice driver of his or her right to a second analysis before the novice driver’s licence is revoked and driving privilege suspended.
(f) by adding after subsection (7) the following:
310.02(7.1)If a second analysis is requested under this section, the second analysis shall be performed with a different approved screening device or approved instrument, as the case may be, than was used in the first analysis.
310.02(7.2)If a novice driver provides a sample of breath for a second analysis, the lower of the first and second analysis results shall govern for the purposes of this section.
(g) by repealing subsection (8);
(h) in subsection (10)
(i) in paragraph (a) of the French version by striking out the comma at the end of the paragraph and substituting a semicolon;
(ii) in paragraph (b) by striking out “and” at the end of the paragraph;
(iii) by repealing paragraph (c) and substituting the following:
(c) deliver without delay to the Registrar the following documents:
(i) the novice driver’s driver’s licence, if one has been surrendered;
(ii) a report sworn or solemnly affirmed by the peace officer; and
(iv) by adding after paragraph (c) the following:
(d) make available to the Registrar on request the following documents:
(i) a copy of the written statement sworn or solemnly affirmed by the peace officer;
(ii) a copy of the certificate of analysis under section 258 of the Criminal Code (Canada); and
(iii) in the case of a revocation of a licence and the suspension of a driving privilege relating to the analysis of a sample of breath, information relating to the calibration of the approved screening device or approved instrument, as the case may be, on the basis of which the written statement was provided.
(i) by repealing subsection (11) and substituting the following:
310.02(11)If a person’s licence is revoked and driving privilege is suspended under subsection (6), the peace officer shall detain the motor vehicle and the vehicle shall be impounded
(a) if the analysis of the breath of a driver produces a result indicating that he or she consumed alcohol in a quantity that the concentration in his or her blood exceeds zero mg of alcohol in 100 ml of blood but does not exceed 80 mg of alcohol in 100 ml of blood, for seven days from the time it was detained, and
(b) if the analysis of the breath of a driver is made that produces a result indicating that he or she consumed alcohol in a quantity that the concentration in his or her blood exceeds 80 mg of alcohol in 100 ml of blood,
(i) in the case of a first offence of driving under the influence of alcohol under the Criminal Code (Canada) in the ten years preceding the date of the revocation and suspension, for 30 days from the time it was detained, and
(ii) in the case of a second or subsequent offence of driving under the influence of alcohol under the Criminal Code (Canada) in the ten years preceding the date of the revocation and suspension, for 60 days from the time it was detained.
(j) by repealing subsection (12) and substituting the following:
310.02(12)Section 310.2 applies to the detention and impoundment of a motor vehicle under subsection (11).
(k) by repealing paragraph (14)(b) and substituting the following:
(b) the analysis was made by means of an approved screening device or approved instrument.
(l) by adding after subsection (15) the following:
310.02(15.1)Within 15 days of the revocation and suspension, a novice driver may apply to the Registrar for a review of the revocation and suspension of his or her licence and driving privilege under subsection (6) by
(a) filing an application for review with the Registrar,
(b) paying the fee prescribed by regulation, and
(c) 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.
310.02(15.2)The application for review shall be in the form, contain the information and be completed in the manner required by the Registrar.
310.02(15.3)A novice driver may attach to the application for review any evidence that he or she wishes the Registrar to consider, including solemnly affirmed statements.
310.02(15.4)An application for review does not stay a revocation of a person’s driver’s licence and suspension of his or her driving privilege given under subsection (6).
310.02(15.5)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) a copy of the written statement, and
(e) 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 written statement.
310.02(15.6)The Registrar shall sustain the revocation and suspension of a person’s licence and driving privilege if, after considering an application for review under subsection (15.1), 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 provided by the peace officer and 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 written statement was provided to 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,
(d) the results of the analysis are reliable, and
(e) in the case of a revocation and suspension of a person’s licence and driving privilege for the purpose of paragraph (5)(a), the person failed or refused to comply with a demand to provide a sample of breath or blood under section 254 of the Criminal Code (Canada).
310.02(15.7)The Registrar shall revoke the revocation and suspension of a person’s licence and 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 (15.1), 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 written statement was not provided to 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 produce a result indicating the presence of alcohol,
(d) the results of the analysis are not reliable, or
(e) in the case of a revocation and suspension of a person’s licence and driving privilege for the purpose of paragraph (5)(a), the person did not fail or refuse to comply with a demand to provide a sample of breath or blood under section 254 of the Criminal Code (Canada).
310.02(15.8)The Registrar shall consider an application for review within ten days after compliance with subsection (15.1).
310.02(15.9)Despite subsection (15.8), the failure of the Registrar to consider the application within the required time does not affect the jurisdiction of the Registrar to consider the application or to make a decision with respect to it.
310.02(15.91)The decision of the Registrar shall be in writing and a copy of it shall be sent to the person by registered or certified mail within seven days after the date on which the application was considered at his or her last known address as shown on the applicant’s driver’s licence.
310.02(15.92)The Lieutenant-Governor in Council may make regulations prescribing the fees to be paid for a review under this section.
(m) by repealing subsection (16).
14Section 310.021 of the Act is amended
(a) by repealing subsection (1) and substituting the following:
Definition of “qualified technician”
310.021(1)In this section, “qualified technician” means a qualified technician as defined in subsection 254(1) of the Criminal Code (Canada).
(b) in subsection (4) by striking out “a provincially approved screening device” and substituting “an approved screening device or approved instrument”;
(c) by repealing subsection (5) and substituting the following:
310.021(5)A peace officer may request a novice motorcycle driver to surrender his or her motorcycle learner’s licence if, on demand of the officer made under subsection (4), the novice motorcycle driver fails or refuses to provide a sample of breath or provides a sample of breath that, on analysis by an approved screening device or approved instrument, produces a result indicating the presence of alcohol.
(d) in paragraph (6)(b) by striking out “, in the manner prescribed by regulation,”;
(e) by repealing subsection (8) and substituting the following:
310.021(8)If an analysis of the breath of a novice motorcycle driver is made under subsection (4), (5) or (6) and produces a result indicating the presence of alcohol,
(a) the novice motorcycle driver has the right to require a second analysis to be immediately performed, and
(b) the peace officer who made the demand shall advise the novice motorcycle driver of his or her right to a second analysis before the novice motorcycle driver’s licence is revoked and driving privilege is suspended.
(f) by adding after subsection (8) the following:
310.021(8.1)If a second analysis is requested under this section, the second analysis shall be performed with a different approved screening device or approved instrument, as the case may be, than was used in the first analysis.
310.021(8.2)If a novice motorcycle driver provides a sample of breath for a second analysis, the lower of the first and second analysis results shall govern for the purposes of this section.
(g) by repealing subsection (9);
(h) in subsection (11)
(i) in the English version of paragraph (b) by striking out “and” at the end of the paragraph;
(ii) by repealing paragraph (c) and substituting the following:
(c) deliver without delay to the Registrar the following documents:
(i) the novice motorcycle driver’s licence, if one has been surrendered;
(ii) a report sworn or solemnly affirmed by the peace officer; and
(iii) by adding after paragraph (c) the following:
(d) make available to the Registrar on request the following documents:
(i) a copy of the written statement sworn or solemnly affirmed by the peace officer;
(ii) a copy of the certificate of analysis under section 258 of the Criminal Code (Canada); and
(iii) in the case of a revocation of a licence and the suspension of a driving privilege relating to the analysis of a sample of breath, information relating to the calibration of the approved screening device or approved instrument, as the case may be, on the basis of which the written statement was provided.
(i) by repealing subsection (12) and substituting the following:
310.021(12)If a person’s driver’s licence is revoked and his or her driving privilege is suspended under subsection (7), the peace officer shall detain the motorcycle and the vehicle shall be impounded
(a) if the analysis of the breath of a driver is made that produces a result indicating that he or she consumed alcohol in a quantity that the concentration in his or her blood exceeds zero mg of alcohol in 100 ml of blood, but does not exceed 80 mg of alcohol in 100 ml of blood, for seven days from the time it was detained, and
(b) if the analysis of the breath of a driver is made that produces a result indicating that he or she consumed alcohol in a quantity that the concentration in his or her blood exceeds 80 mg of alcohol in 100 ml of blood,
(i) in the case of a first offence of driving under the influence of alcohol under the Criminal Code (Canada) in the ten years preceding the date of the revocation and suspension, for 30 days from the time it was detained, and
(ii) in the case of a second or subsequent offence of driving under the influence of alcohol under the Criminal Code (Canada) in the ten years preceding the date of the revocation and suspension, for 60 days from the time it was detained.
(j) by repealing subsection (13) and substituting the following:
310.021(13)Section 310.2 applies to the detention and impoundment of a motorcycle under subsection (12).
(k) by repealing paragraph (15)(b) and substituting the following:
(b) the analysis was made by means of an approved screening device or approved instrument.
(l) by adding after subsection (16) the following:
310.021(16.1)Within 15 days of the revocation and suspension, a novice motorcycle driver may apply to the Registrar for a review of the revocation and suspension of his or her licence and driving privilege under subsection (7) by
(a) filing an application for review with the Registrar,
(b) paying the fee prescribed by regulation, and
(c) 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.
310.021(16.2)The application for review shall be in the form, contain the information and be completed in the manner required by the Registrar.
310.021(16.3)A novice motorcycle driver may attach to the application for review any evidence that he or she wishes the Registrar to consider, including solemnly affirmed statements.
310.021(16.4)An application for review does not stay the revocation and suspension of a person’s licence and driving privilege given under subsection (7).
310.021(16.5)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) a copy of the written statement, and
(e) 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 written statement.
310.021(16.6)The Registrar shall sustain the revocation and suspension of a person’s driver’s licence and driving privilege if, after considering an application for review under subsection (16.1), 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 written statement was provided to 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,
(d) the results of the analysis are reliable, and
(e) in the case of a revocation and suspension of a person’s licence and driving privilege for the purpose of paragraph (6)(a), the person failed or refused to comply with a demand to provide a sample of breath or blood under section 254 of the Criminal Code (Canada).
310.021(16.7)The Registrar shall revoke the revocation and suspension of a person’s driver’s licence and 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 (16.1), 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 written statement was not provided to 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 produce a result indicating the presence of alcohol,
(d) the results of the analysis are not reliable, or
(e) in the case of a revocation and suspension of a person’s licence and driving privilege for the purpose of paragraph (6)(a), the person did not fail or refuse to comply with a demand to provide a sample of breath or blood under section 254 of the Criminal Code (Canada).
310.021(16.8)The Registrar shall consider an application for review within ten days after compliance with subsection (16.1).
310.021(16.9)Despite subsection (16.8), the failure of the Registrar to consider the application within the required time does not affect the jurisdiction of the Registrar to consider the application or to make a decision with respect to it.
310.021(16.91)The decision of the Registrar shall be in writing and a copy of it shall be sent within seven days after the date on which the application was considered by registered or certified mail to the person at his or her last known address as shown on the applicant’s driver’s licence.
310.021(16.92)The Lieutenant-Governor in Council may make regulations prescribing the fees to be paid for a review under this section.
(m) by repealing subsection (17).
15Section 310.04 of the Act is amended
(a) by adding after subsection (3) the following:
310.04(3.1)If an analysis of the breath is made under subsection (2) and produces a result indicating the presence of alcohol in the driver’s blood exceeds 80 mg of alcohol in 100 ml of blood,
(a) the person has the right to require a second analysis to be immediately performed, and
(b) the peace officer who made the demand shall advise the person of his or her right to a second analysis before taking any action under subsection (3).
310.04(3.2)If a second analysis is requested under this section, the second analysis is performed with a different approved screening device or approved instrument, as the case may be, than was used in the first analysis.
310.04(3.3)If a person provides a sample of breath for a second analysis, the lower of the first and second analysis results governs for the purposes of this section.
(b) in subsection (6)
(i) in paragraph (b) by striking out “completed order” and substituting “completed order sworn or solemnly affirmed by the peace officer”;
(ii) in paragraph (c) of the English version by striking out “and” at the end of the paragraph;
(iii) in paragraph (d) by striking out the period at the end of the paragraph and substituting “, and”;
(iv) by adding after paragraph (d) the following:
(e) in the case of a suspension of a person’s driver’s licence and his or her driving privilege resulting from the analysis of a sample of breath, information relating to the calibration of the approved screening device or approved instrument, as the case may be, on the basis of which the order of suspension was served.
(c) by adding after subsection (7) the following:
310.04(7.1)If a person’s driver’s licence and driving privilege are suspended under subsection (3), the peace officer shall detain the motor vehicle and the vehicle shall be impounded
(a) in the case of a first offence of driving under the influence of alcohol under the Criminal Code (Canada) in the ten years preceding the date of the suspension, for 30 days from the time it was detained, and
(b) in the case of a second or subsequent offence of driving under the influence of alcohol under the Criminal Code (Canada) in the ten years preceding the date of the suspension, for 60 days from the time it was detained.
310.04(7.2)Section 310.2 applies to the detention and impoundment of a motor vehicle under subsection (7.1).
16Section 310.05 of the Act is amended
(a) in subsection (1) by repealing the portion preceding paragraph (a) and substituting the following:
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
(b) in subsection (6)
(i) in paragraph (c) of the English version by striking out “and” at the end of the paragraph;
(ii) in paragraph (d) by striking out the period at the end of the paragraph and substituting “, and”;
(iii) by adding after paragraph (d) the following:
(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.
(c) by repealing subsection (7) and substituting the following:
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).
(d) by adding after subsection (7) the following:
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).
(e) by repealing subsection (8) and substituting the following:
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).
(f) by repealing subsection (9) and substituting the following:
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.
(g) by repealing subsection (10) and substituting the following:
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.
(h) in subsection (12) by striking out “in the records maintained by the Registrar” and substituting “on the applicant’s driver’s licence”.
16.1Subsection 310.1(1) of the Act is repealed and the following is substituted:
310.1(1)A person who applies for the reinstatement of his or her driving privileges shall pay a fee for the reinstatement where the person’s driving privileges were suspended
(a) pursuant to subsection 298(4), or section 298.1, 300, 302, 309.3 or 310.04, subsection 302.1(1) or 310.18(1), paragraph 310.18(2)(a) or subsection 310.18(4) or (5), or
(b) pursuant to subsection 310.01(4), 310.02(6) or 310.021(7) in the case of a third or subsequent suspension in a five-year period.
17Section 310.11 of the Act is amended
(a) in the definition “alcohol ignition interlock device” by striking out “a device prescribed by regulation” and substituting “a device approved by the Registrar”;
(b) by adding the following definitions in alphabetical order:
“mandatory participant” means a person registered under subsection 310.13(1) in the alcohol ignition interlock device program.(participant obligé)
“voluntary participant” means a person registered under subsection 310.13(3.1) in the alcohol ignition interlock device program.(participant volontaire)
18Section 310.13 of the Act is amended
(a) in subsection (1) by striking out the passage preceding paragraph (a) and substituting the following:
310.13(1)Unless the court orders otherwise, the Registrar shall register a person in the program if
(b) by repealing subsection (2) and substituting the following:
310.13(2)Subsection (1) does not apply to a person whose learner’s licence or motorcycle learner’s licence is revoked or driving privilege is suspended under subsection 84(11), 84.11(8), 310.02(6) or 310.021(7).
(c) by repealing subsection (3) and substituting the following:
310.13(3)A person whose licence was revoked and driving privilege was suspended under paragraph 310.01(4)(c) or subsection 310.04(9) may apply to the Registrar for application in the program on a form provided by the Registrar.
(d) by adding after subsection (3) the following:
310.13(3.1)The Registrar shall register in the program a person who applies for registration under subsection (3).
(e) by repealing subsection (4) and substituting the following:
310.13(4)The Registrar shall not issue a licence to a person who is registered in the program under paragraph 301(1)(a) or reinstate his or her driving privilege until
(a) if the person is a mandatory participant,
(i) the expiry of a period specified in paragraph 259(1.2)(a) of the Criminal Code (Canada) or the expiry of any greater period fixed by the court under paragraph 259(1.2)(b) of that Act,
(ii) the person has successfully completed the drinking driver re-education course referred to in subsection 301(2), and
(iii) the person satisfies the Registrar that an alcohol ignition interlock device has been installed in the motor vehicle that the person will operate during the person’s participation in the program, and
(b) if the person is a voluntary participant, the person satisfies the Registrar that an alcohol ignition interlock device has been installed in the motor vehicle that the person will operate during the person’s participation in the program.
(f) in subsection (5) by striking out “or subsection 302(2.1) or (2.2) or 302.1(1)” and substituting “or subsection 302(2.1), (2.2) or 302.1(1), paragraph 310.01(4)(c) or subsection 310.04(9)”.
(g) by repealing subsection (6) and substituting the following:
310.13(6)Subject to section 310.18.4, a person’s participation in the program ends on the date on which
(a) if the person is a mandatory participant, the period of suspension imposed under paragraph 300(1)(a) or subsection 302(2.1) or (2.2) or 302.1(1), as the case may be, would have elapsed if the person had not participated in the program or the period of prohibition from operating a motor vehicle imposed by the court under subsection 259(1) of the Criminal Code (Canada) ends, whichever is longer,
(b) if the person is a voluntary participant,
(i) the period of suspension imposed under paragraph 310.01(4)(c) or subsection 310.04(9), as the case may be, would have elapsed if the person had not participated in the program,
(ii) the person is removed from the program, or
(iii) the person withdraws from the program.
19Section 310.18 of the Act is repealed and the following is substituted:
Exemption from the alcohol ignition interlock device program
310.18(1)The Registrar may exempt a mandatory participant from the program in the circumstances and under the conditions prescribed by regulation.
310.18(2)For greater certainty, if a person is exempted from the program under subsection (1), the suspension of his or her driving privilege imposed under paragraph 300(1)(a) or subsection 302(2.1), (2.2) or 302.1(1) shall remain in effect.
20The Act is amended by adding after section 310.18 the following:
Removal from the alcohol ignition interlock device program
310.18.1(1)The Registrar may remove a voluntary participant from the program in the following circumstances:
(a) if the voluntary participant does not comply with subsection 310.13(7) or he or she is convicted of an offence under paragraph 310.15(1)(b) or (c) or 310.16(a) or (b); or
(b) in any other circumstance prescribed by regulation.
310.18.1(2)On removal from the program, the suspension of driving privilege of the voluntary participant imposed under paragraph 310.01(4)(c) or subsection 310.04(9) shall be reinstated.
Withdrawal from the alcohol ignition interlock device program
310.18.2If a voluntary participant withdraws from the program, the suspension of his or her driving privilege imposed under subsection 310.04(9) shall be reinstated.
Suspension from the alcohol ignition interlock device program
310.18.3If the driving privilege of a person registered in the program is suspended and the licence of the person is suspended or revoked for any reason not related to the program or to the consumption of alcohol, the person’s participation in the program is suspended for the duration of that period of suspension.
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).
21Section 310.19 of the Act is amended
(a) by repealing paragraph (a);
(b) by adding after paragraph (c) the following:
(c.1) prescribing the circumstances or conditions under which the Registrar may exempt a person from the program;
(c.2) prescribing the circumstances or conditions under which the Registrar may remove a person from the program;
(c) in paragraph (i) by striking out the period at the end of the paragraph and substituting a semicolon;
(d) by adding after paragraph (i) the following:
(j) prescribing the criteria for the purposes of subsection 310.18.4(6).
22The Act is amended by adding after section 310.19 the following:
VII.1
DETENTION AND IMPOUNDMENT OF A MOTOR VEHICLE
Impoundment
310.2(1)A peace officer who detains and impounds a motor vehicle under subsection 310.01(12), 310.02(11), 310.021(12), 310.04(7.1) or 345(3) shall
(a) prepare a notice identifying the motor vehicle that is to be impounded, the name and address of the driver, the date and time of the impoundment, the period of time for which the motor vehicle is to be impounded and the place where the vehicle may be recovered,
(b) serve a copy of the notice
(i) to the driver of the motor vehicle, if the period of impoundment is for seven days or less, and
(ii) to the owner of the motor vehicle, if the period of impoundment is for more than seven days, and
(c) provide a copy of the notice to the Registrar and to the impound facility where the motor vehicle will be impounded.
310.2(2)Service of a copy of a notice under subsection (1) on the driver of the motor vehicle is deemed to be service on and sufficient notice to the owner of the vehicle.
310.2(3)If the motor vehicle that is to be impounded contains goods, the peace officer may require the driver and any other person present who is in charge of the motor vehicle to surrender all documents in his or her possession or in the vehicle that relate to the operation of the vehicle or to the carriage of the goods and to furnish all information within that person’s knowledge relating to the details of the current trip and the ownership of the goods.
310.2(4)On being served with notice of the impoundment under subsection (1), the driver of the motor vehicle, the owner of the motor vehicle or a person authorized by the owner shall immediately remove a trailer or load that is being drawn by the motor vehicle from the motor vehicle.
310.2(5)If a peace officer is of the opinion that the driver or the owner of the motor vehicle has not made appropriate arrangements for the removal of a trailer or load, having regard to the nature of the goods, including the fact that they are or appear to be dangerous goods as that term is defined in the Transportation of Dangerous Goods Act or are perishable, the peace officer may cause the trailer or load to be removed, stored or otherwise disposed of at the cost and risk of the driver.
310.2(6)Any personal property that is left in the impounded motor vehicle and that is not attached to or used in connection with its operation shall, on request and proof of ownership, be made available, at reasonable times, to the owner of the property.
310.2(7)If a peace officer is of the opinion that the detention or impoundment of a motor vehicle jeopardizes the security of the driver and its passengers or would leave the driver and its passengers abandoned, the peace officer shall arrange for transportation of the occupants to the nearest safe area where they can summon an alternative mode of transportation.
310.2(8)The owner of the motor vehicle shall be responsible for the costs and charges resulting from the moving, detainment and impoundment of a motor vehicle under this section.
310.2(9)Subject to subsection (10), the person who operates the impound facility where a motor vehicle is impounded shall release the motor vehicle to its owner following the period referred to on the notice provided to him or her by the peace officer under subsection (1).
310.2(10)The person who operates the impound facility where a motor vehicle is impounded under this section is not required to release the motor vehicle until the removal and impound costs for the vehicle have been paid.
310.2(11)The costs incurred by the person who operates the impound facility where a motor vehicle is impounded under this section are a lien on the motor vehicle that may be enforced under the Storer’s Lien Act.
310.2(12)Despite subsection 4(1) of the Storer’s Lien Act, the person who operates the impound facility may not sell the motor vehicle that was impounded under this section until at least 30 days following the period referred to on the notice provided to him or her by the peace officer under subsection (1).
310.2(13)If a peace officer is satisfied that there are reasonable grounds to believe that a motor vehicle is a stolen vehicle, the impounded vehicle may be released on payment by the owner of the costs in relation to the impoundment under this section.
310.2(14)A person may apply to the Registrar under subsection (15) for the early release of the impounded motor vehicle if the person
(a) is the holder of a valid driver’s licence and is not prohibited from driving, and
(b) is the owner of the motor vehicle or a person authorized by the owner of the vehicle that was impounded under this Act, except under section 345, for a period of at least 30 days.
310.2(15)Within 15 days following the impoundment of a motor vehicle for a period of at least 30 days, a person referred to in subsection (14) may apply to the Registrar for the early release of the motor vehicle if
(a) the vehicle is used for the purposes of a sole proprietorship, a partnership or a company,
(b) the sole proprietorship, partnership or company has a reasonable prospect for generating income that is dependent on the vehicle, and
(c) the potential income dependent on the impounded vehicle represents a substantial proportion of the anticipated income to be earned by the sole proprietorship, partnership or company during the period of impoundment, or otherwise imposes an economic hardship on the owner.
310.2(16)A person referred to in subsection (14) shall
(a) apply for early release with the Registrar on a form provided by the Registrar,
(b) provide to the Registrar the information the Registrar considers necessary, and
(c) pay the fee prescribed by regulation.
310.2(17)If the Registrar is satisfied, with respect to an application, that the grounds set out in subsection (15) have been established, the Registrar may order the person who operates the impound facility where the motor vehicle is impounded, subject to the lien referred to in subsection (11), to release the motor vehicle to the applicant
(a) if the consent of the owner of the motor vehicle or the person authorized by the owner is given, and
(b) on receiving payment of the removal and impound costs.
310.2(18)A person may apply to the Registrar under subsection (19) for the early release of the impounded motor vehicle if the person
(a) is the holder of a valid driver’s licence and is not prohibited from driving, and
(b) lives with the owner of the motor vehicle at the time the vehicle is impounded under this Act, except under section 345, for a period of at least 30 days.
310.2(19)Within 15 days following the impoundment of a motor vehicle that was impounded for a period of at least 30 days, a person referred to in subsection (18) may apply to the Registrar for the early release of the motor vehicle on the grounds that
(a) the impoundment of the vehicle
(i) will cause the person to suffer a loss or curtailment of employment or educational opportunities, or
(ii) will prevent the person, or someone under the care of the person, from obtaining medical treatment, and
(b) the person has no reasonable alternative form of transportation, including public transportation, that would
(i) prevent the loss or curtailment referred to in subparagraph (a)(i), or
(ii) allow the medical treatment referred to in subparagraph (a)(ii).
310.2(20)A person referred to in subsection (18) shall
(a) apply for early release with the Registrar on a form provided by the Registrar,
(b) provide to the Registrar any information the Registrar considers necessary, and
(c) pay the fee prescribed by regulation.
310.2(21)If the Registrar is satisfied, with respect to an application, that the grounds set out in subsection (19) have been established, the Registrar may order the person who operates the impound facility where the motor vehicle is impounded, subject to the lien referred to in subsection (11), to release the motor vehicle to the applicant
(a) if the consent of the owner of the motor vehicle or the person authorized by the owner is given, and
(b) on receiving payment of the removal and impound costs.
310.2(22)The owner of a motor vehicle that is detained and impounded under subsection 310.01(12), 310.02(11), 310.021(12), 310.04(7.1) or 345(3) may bring an action against the person who was the driver of the motor vehicle at the time the vehicle was detained to recover any costs or other losses incurred by the owner in connection with the impoundment.
310.2(23)There is no appeal from, or right to be heard before, the detention or impoundment of a motor vehicle under subsection 310.01(12), 310.02(11), 310.021(12), 310.04(7.1) or 345(3).
310.2(24)The Lieutenant-Governor in Council may make regulations
(a) prescribing the fees under subsections (16) and (20);
(b) prescribing standards for the purposes of this section for those who operate impound facilities.
23Section 345 of the Act is amended by adding after subsection (2) the following:
345(3)If a person’s licence is revoked or suspended and his or her driving privilege is suspended under section 310.01, 310.02, 310.021 or 310.04 and that person violates subsection (1), the peace officer shall detain the motor vehicle that the person was driving at the time of the alleged offence and the motor vehicle shall be impounded for a period of 45 days from the time the vehicle is detained.
345(4)Section 310.2 applies to the detention and impoundment of a motor vehicle under subsection (3).
24Schedule A of the Act is amended
(a) by adding after
207..............
C
the following:
207.1(4)(a)..............
C
207.1(4)(b)..............
C
(b) by adding after
309.3(6)..............
F
the following:
310.0001(9)..............
C
Commencement
25Sections 1, 4 to 7 and 9 to 24 of this Act come into force on a day or days to be fixed by proclamation.