Revocation of a learner's licence and suspension of driving privileges
310.02(1)Repealed: 2018, c.13, s.2
310.02(2)Repealed: 2018, c.13, s.2
310.02(3)If a novice driver, on demand made by a peace officer under section 320.27 or 320.28 of the
Criminal Code (Canada), provides a sample of breath that, on analysis by an approved screening device, 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 is less than 50 mg of alcohol in 100 ml of blood, the peace officer may request the novice driver to surrender his or her learner’s licence.
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.
310.02(5)Repealed: 2018, c.13, s.2
310.02(5.1)A peace officer may request a novice driver to surrender the driver’s learner’s licence if, upon demand made by the peace officer under subsection 320.27(1) or section 320.28 of the
Criminal Code (Canada), the novice driver
(a)
fails or refuses to provide a sample of a bodily substance,
(b)
provides a sample of a bodily substance that, on analysis by approved drug screening equipment, produces a result indicating the presence of a drug that is prescribed by regulation,
(c)
undergoes a standard field sobriety test for drugs or a combination of alcohol and drugs, and the peace officer reasonably believes that the person’s performance on the test meets the criteria prescribed by regulation for a poor performance, or
(d)
fails or refuses to submit to a standard field sobriety test for drugs or a combination of alcohol and drugs.
310.02(6)A novice driver whose learner’s licence has been requested under subsection (3), (4) or (5.1) shall surrender the licence to the peace officer requesting it forthwith and, whether or not the novice driver is unable or fails to surrender the licence to the peace officer, the licence is revoked and the novice driver’s driving privilege is suspended for a period of seven days from the time the request is made.
310.02(6.1)Repealed: 2010, c.27, s.2
310.02(7)If an analysis of a sample of a novice driver’s breath is made under subsection (3) by an approved screening device and produces a result indicating the presence of alcohol,
(a)
the novice driver has the right to request and be provided with a second analysis as soon as the circumstances permit, 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.
310.02(7.1)If a second analysis is requested under paragraph (7)(
a), the analysis shall be performed by a different approved screening device 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.
310.02(8)Repealed: 2016, c.8, s.13
310.02(9)The revocation of a licence and the suspension of a driving privilege under this section are in addition to and not in substitution for any other proceeding or penalty arising from the same circumstances.
310.02(10)Every peace officer who requests the surrender of a licence from a novice driver under section 310.01 or under this section shall
(a)
keep a written record of the revocation and suspension with the name, address and licence number of the novice driver and the date and time of the revocation and suspension,
(b)
provide the novice driver with a written statement setting out the time at which the revocation and suspension take effect, the length of the period during which the licence is revoked and privilege suspended and the place where the licence may be recovered upon the termination of the revocation and suspension and acknowledging receipt of the licence that is surrendered,
(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
(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 320.32 of the
Criminal Code (Canada);
(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;
(iv)
in the case of a revocation of a licence and the suspension of a driving privilege relating to the analysis of a sample of a bodily substance, information relating to the approved drug screening equipment on the basis of which the written statement was provided; and
(v)
in the case of a revocation of a licence and the suspension of a driving privilege relating to a poor performance on a standard field sobriety test for drugs or a combination of alcohol and drugs, information relating to how the performance of the novice driver on the test met the criteria prescribed by regulation for a poor performance on the basis of which the written statement was provided.
310.02(11)If a novice driver’s learner’s licence is revoked and driving privilege is suspended under paragraph 310.01(4)(d), the peace officer shall detain the motor vehicle 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 is equal to or exceeds 50 mg of alcohol in 100 ml of blood but is not equal to or does not exceed 80 mg of alcohol in 100 ml of blood, for seven days from the time it was detained,
(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 is equal to or exceeds 80 mg of alcohol in 100 ml of blood,
(i)
if the driver has had no convictions under subsection 320.14(1) or (4) or subsection 320.15(1) of 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)
if the driver has had one or more convictions under subsection 320.14(1) or (4) or subsection 320.15(1) of 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.
310.02(11.1)If a novice driver’s learner’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 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 is less than 50 mg of alcohol in 100 ml of blood, for seven days from the time it was detained,
(b)
if the analysis of the sample of a bodily substance of a driver is made that produces a result indicating that he or she consumed a drug that is prescribed by regulation in such a quantity that its presence is detected, for seven days from the time it was detained, and
(c)
if the driver’s performance on a standard field sobriety test for drugs or a combination of alcohol and drugs meets the criteria prescribed by regulation for a poor performance,
(i)
if the driver has had no convictions under subsection 320.14(1) or (4) or subsection 320.15(1) of 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)
if the driver has had one or more convictions under subsection 320.14(1) or (4) or subsection 320.15(1) of 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.
310.02(12)Section 310.2 applies to the detention and impoundment of a motor vehicle under subsection (11) or (11.1).
310.02(13)Every person who, without reasonable excuse, fails or refuses to comply with a demand made to the person by a peace officer under this section, commits an offence.
310.02(14)Where an analysis of a sample of a person’s breath has been made for the purposes of section 310.01 or this section and it produces a result indicating the presence of alcohol, the result shall be, in the absence of evidence to the contrary, proof that the person has breached a condition of a learner’s licence referred to in paragraph 84(4)(
d) or (5)(
c), as the case may be, if
(a)
the person was the holder of the learner’s licence when the sample was provided, and
(b)
the analysis was made by means of an approved screening device or approved instrument.
310.02(14.1)If an analysis of a sample of a bodily substance of a person has been made for the purposes of subsection (5.1) and it produces a result indicating the presence of a drug that is prescribed by regulation, the result shall be, in the absence of evidence to the contrary, proof that the person has breached a condition of a learner’s licence referred to in paragraph 84(4)(e) or (5)(d), as the case may be, if
(a)
the person was the holder of the learner’s licence when the sample was provided, and
(b)
the analysis was made by means of approved drug screening equipment.
310.02(15)Subsection (14) or (14.1) shall not be construed by any person, court, tribunal or other body to limit the generality of the nature of proof that a novice driver has breached a condition of a learner’s licence referred to in paragraph 84(4)(d) or (e) or (5)(c) or (d), as the case may be.
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 320.32 of the
Criminal Code (Canada) without proof of the signature and official character of the person appearing to have signed the certificate or that the copy is a true copy,
(d)
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)In the case of the revocation and suspension of a person’s licence and driving privilege relating to the analysis of a sample of breath, the Registrar shall sustain the revocation and suspension 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,
(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 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 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 failing or refusing to provide a sample of breath on demand of a peace officer made under subsection (3), the person failed or refused to provide a sample of breath.
310.02(15.61)In the case of the revocation and suspension of a person’s licence and driving privilege relating to the analysis of a sample of a bodily substance, the Registrar shall sustain the revocation and suspension 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 approved drug screening equipment produced a result indicating the presence of a drug that is prescribed by regulation,
(b)
the results of the analysis are reliable, and
(c)
in the case of a revocation and suspension of a person’s licence and driving privilege for the purpose of paragraph (5.1)(a), the person failed or refused to comply with a demand to provide a sample of a bodily substance under subsection 320.27(1) or section 320.28 of the
Criminal Code (Canada).
310.02(15.62)In the case of a revocation and suspension of a person’s licence and driving privilege resulting from the person’s poor performance on a standard field sobriety test for drugs or a combination of alcohol and drugs, the Registrar shall sustain the revocation and suspension 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 performance of the person on the standard field sobriety test met the criteria prescribed by regulation for a poor performance, and
(b)
in the case of a revocation and suspension of a person’s licence and driving privilege for the purpose of paragraph (5.1)(d), the person failed or refused to comply with a demand to submit to a standard field sobriety test for drugs or a combination of alcohol and drugs under subsection 320.27(1) of the
Criminal Code (Canada).
310.02(15.7)In the case of the revocation and suspension of a person’s licence and driving privilege relating to the analysis of a sample of breath, the Registrar shall revoke the revocation and suspension, return any licence surrendered and direct that the fees paid for the application for review be refunded if, after considering an application for review under subsection (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,
(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 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 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 failing or refusing to provide a sample of breath on demand of a peace officer made under subsection (3), the person did not fail or refuse to provide a sample of breath.
310.02(15.71)In the case of the revocation and suspension of a person’s licence and driving privilege relating to the analysis of a sample of a bodily substance, the Registrar shall revoke the revocation and suspension, return any licence surrendered and direct that the fees paid for the application for review be refunded if, after considering an application for review under subsection (15.1), the Registrar is not satisfied that the person was the driver or is satisfied that
(a)
the approved drug screening equipment did not produce a result indicating the presence of a drug that is prescribed by regulation,
(b)
the results of the analysis are not reliable, or
(c)
in the case of a revocation and suspension of a person’s licence and driving privilege for the purpose of paragraph (5.1)(a), the person did not fail or refuse to comply with a demand to provide a sample of a bodily substance under subsection 320.27(1) or section 320.28 of the
Criminal Code (Canada).
310.02(15.72)In the case of a revocation and suspension of a person’s licence and driving privilege resulting from the person’s poor performance on a standard field sobriety test for drugs or a combination of alcohol and drugs, the Registrar shall revoke the revocation and suspension, return any licence surrendered and direct that the fees paid for the application for review be refunded if, after considering an application for review under subsection (15.1), the Registrar is not satisfied that the person was the driver or is satisfied that
(a)
the performance of the person on the standard field sobriety test did not meet the criteria prescribed by regulation for a poor performance, or
(b)
in the case of a revocation and suspension of a person’s licence and driving privilege for the purpose of paragraph (5.1)(d), the person did not fail or refuse to comply with a demand to submit to a standard field sobriety test for drugs or a combination of alcohol and drugs under subsection 320.27(1) 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.
310.02(16)Repealed: 2016, c.8, s.13 1994, c.69, s.6; 2002, c.32, s.21; 2007, c.44, s.18; 2008, c.33, s.8; 2010, c.27, s.2; 2014, c.44, s.10; 2016, c.8, s.13; 2017, c.54, s.13; 2017, c.54, s.43; 2018, c.13, s.2; 2018, c.13, s.7; 2020, c.2, s.16