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Regulation number	Title
M-17	Motor Vehicle Act

Under section 310.19 of the Motor Vehicle Act, the Lieutenant-Governor in Council makes the following Regulation:

1This Regulation may be cited as the Alcohol Ignition Interlock Device Program Regulation - Motor Vehicle Act.

2The following definitions apply in this Regulation.

“Act” means the Motor Vehicle Act. (Loi)

“equipped vehicle” means a motor vehicle that is equipped with an alcohol ignition interlock device under the program. (véhicule équipé)

“participant” means a person registered in the alcohol ignition interlock device program established under section 310.12 of the Act. (participant)

“rolling breath sample” means a sample of breath required to be made into an alcohol ignition interlock device at random intervals while the engine of the equipped vehicle is in operation. (échantillons successifs d’haleine)

Exemption

2017-45

2.1(1)The following definition applies in this section.

“medical practitioner” means a person lawfully entitled to practise medicine in the place in which such practise is carried on by him or her and includes a medical officer of the Canadian forces.

2.1(2)Subject to subsection 310.18(2) of the Act, the Registrar may exempt a mandatory participant from the program in the following circumstances and under the following conditions:

(a) the participant has a chronic medical condition that diminishes his or her lung capacity so that he or she cannot provide a rolling breath sample;

(b) the participant does not own or have access to a motor vehicle; or

(c) an authorized service provider is unable to install an alcohol ignition interlock device in the motor vehicle of the participant due to a mechanical or wiring issue.

2.1(3)The evidence required to establish the medical condition referred to in paragraph (2)(a) is a signed statement from a medical practitioner in a form satisfactory to the Registrar setting out that

(a) the participant has a chronic medical condition that diminishes his or her lung capacity, and

(b) due to that medical condition, the participant cannot provide a rolling breath sample.

2017-45

Alcohol ignition interlock devices

Repealed: 2017-45

2017-45

3Repealed: 2017-45

2017-45

Blood alcohol concentration limit

4A blood alcohol concentration limit of 20 milligrams of alcohol in 100 millilitres of blood is prescribed for the purposes of the definition “alcohol ignition interlock device” in section 310.11 of the Act.

Registrar to notify participant

2017-45

5The Registrar shall give written notice to a participant of his or her registration in the program.

2017-45

Requirements and conditions to be satisfied

6A participant shall satisfy the following requirements and conditions:

(a) one month after the installation of the alcohol ignition interlock device, and every 2 months after the expiration of that one-month period, the participant shall bring the equipped vehicle to an authorized service provider for inspection, maintenance or calibration of the alcohol ignition interlock device;

(b) that any maintenance, calibration, inspection or removal of the alcohol ignition interlock device is performed by an authorized service provider;

(c) that any fee required to be paid by the authorized service provider for the purpose of the provision, installation, maintenance, calibration, inspection or removal of the alcohol ignition interlock device is paid to the authorized service provider within the period specified by the authorized service provider;

(d) that the participant understands how to operate an alcohol ignition interlock device; and

(e) that the data collected by the alcohol ignition interlock does not indicate that

(i) the participant attempted to start the equipped vehicle while the participant had alcohol in his or her blood, and

(ii) the participant did not provide a rolling breath sample when required.

Provision and installation of alcohol ignition interlock device

7(1)A participant shall ensure that the motor vehicle that the participant will operate during his or her participation in the program is brought to an authorized service provider to request that the authorized service provider equip the motor vehicle with an alcohol ignition interlock device.

7(2)An authorized service provider shall refuse to install an alcohol ignition interlock device in a motor vehicle that is not owned by a participant unless the participant provides proof satisfactory to the authorized service provider that the owner of the motor vehicle consents to the installation and subsequent maintenance, calibration and removal of the alcohol ignition interlock device in accordance with this Regulation.

7(3)On presentation of the notice referred to in section 5 and on payment of any fee for the provision and installation of the alcohol ignition interlock device, the authorized service provider shall equip the motor vehicle with an alcohol ignition interlock device.

Service recall

8An authorized service provider shall program the service recall date into the alcohol ignition interlock device on installation and on any subsequent inspection, maintenance or calibration of the alcohol ignition interlock device.

Data recorded by an alcohol ignition interlock device

9An alcohol ignition interlock device shall be capable of recording the following data:

(a) the number of times a person attempted to start the engine of the equipped vehicle while the person had alcohol in his or her blood;

(b) the blood alcohol level relating to all failed attempts to start the equipped vehicle;

(c) the number of times a rolling breath sample was not provided when required; and

(d) the number of times a person provided a rolling breath sample while the person had alcohol in his or her blood.

Inspection, maintenance or calibration of alcohol ignition interlock device

10(1)Subject to subsection (2), a participant shall ensure that the equipped vehicle is brought to the authorized service provider for inspection, maintenance or calibration of the alcohol ignition interlock device one month after the alcohol ignition interlock device has been installed in the equipped vehicle and every 2 months after the expiration of that one-month period.

10(2)A participant shall bring the equipped vehicle to the authorized service provider for inspection, maintenance or calibration of the alcohol ignition interlock device if the alcohol ignition interlock device indicates that an inspection, maintenance or calibration is required.

Collection and analysis of data

11The authorized service provider shall collect and analyze data obtained from the alcohol ignition interlock device of an equipped vehicle following the inspection, maintenance or calibration of the alcohol ignition interlock device.

Records

12(1)An authorized service provider shall keep full and adequate records in relation to every alcohol ignition interlock device installed by the authorized service provider for a participant.

12(2)The records referred to in subsection (1) shall include, but are not limited to, the following:

(a) the name and address of the participant;

(b) the installation and service location;

(c) the date of the installation of the alcohol ignition interlock device and its expected removal date;

(d) the date of any inspection, maintenance and calibration of the alcohol ignition interlock device;

(e) a unique serial number that identifies the alcohol ignition interlock device installed in the motor vehicle; and

(f) an up-to-date summary of the results of each inspection, maintenance or calibration of the alcohol ignition interlock device, including any data obtained from the alcohol ignition interlock device.

12(3)As soon as practical following each inspection, maintenance or calibration of the alcohol ignition interlock device referred to in section 10, the authorized service provider shall provide the Registrar with a copy of the record referred to in subsection (2).

12(4)The records referred to in subsection (2), along with a copy of the notice referred to in section 5, shall be kept by the authorized service provider for a minimum period of 7 years following the date the alcohol ignition interlock device is removed from the equipped vehicle.

Authorized service provider shall report to Registrar

13An authorized service provider shall, without delay and in any event not later than 7 days after the information becomes known by the authorized service provider, report to the Registrar, in the manner and form that the Registrar requires,

(a) if the equipped vehicle is not brought to the authorized service provider for inspection, maintenance or calibration as required under section 10,

(b) if a fee required to be paid by the participant to the authorized service provider for the purpose of the provision, installation, maintenance, calibration, inspection or removal of the alcohol ignition interlock device has not been paid,

(c) if the alcohol ignition interlock device has been tampered with or an attempt has been made to tamper with the alcohol ignition interlock device,

(d) if the alcohol ignition interlock device has been deactivated, disassembled or removed or an attempt has been made to deactivate, disassemble or remove the alcohol ignition interlock device, or

(e) if the alcohol ignition interlock device is defective or is malfunctioning.

Removal of alcohol ignition interlock device

14(1)If the participation of a person registered in the program ends, the person shall apply to the Registrar to have the alcohol ignition interlock device removed from the motor vehicle equipped with the alcohol ignition interlock device.

14(2)On approval of the application under subsection (1), the Registrar shall issue to the applicant a document authorizing the removal of the alcohol ignition interlock device from the motor vehicle.

14(3)On presentation of the document referred to in subsection (2), the authorized service provider shall remove the alcohol ignition interlock device from the motor vehicle.

Issuance of licence following program

15Where the Registrar is satisfied that an alcohol ignition interlock device has been removed from a motor vehicle in accordance with the requirements of section 14, and all other requirements of the program and the Act and the regulations have been met, the person may apply to the Registrar for a driver’s licence that does not require the person to operate a motor vehicle equipped with an alcohol ignition interlock device.

Commencement

16This Regulation comes into force on September 21, 2008.

SCHEDULE A

Repealed: 2017-45

2017-45

N.B. This Regulation is consolidated to November 1, 2017.

2008-109 - Alcohol Ignition Interlock Device Program

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