Keeping of records and assessment of points
2024, c.16, s.3
297(1)The Registrar shall maintain a record of
(a)
the convictions of each driver and of each non-resident driver of offences under this Act or the regulations, or of any of the offences under the
Criminal Code (Canada) or under other Acts referred to in subsection (2), or of violations of local by-laws involving the use of a motor vehicle in motion,
(b)
the orders directing discharge of each driver and of each non-resident driver under subsection 255(5) of the
Criminal Code (Canada), as that subsection read before the date that subsection 320.23(1) of that Act came into force,
(c)
the convictions, orders directing discharge and administrative sanctions of which the Registrar has received records pursuant to an agreement entered into under section 307.1, and
(d)
the convictions and orders directing discharge referred to in section 307.
297(1.1)The Registrar shall keep the following records for a period of ten years in respect of each driver and each non-resident driver:
(a)
written statements of suspension and revocation provided to the person under section 310.01, 310.02 or 310.021;
(b)
convictions entered against the person for an offence under section 253 or 254 of the
Criminal Code (Canada), as those sections read before the date that sections 320.14 and 320.15 of the
Criminal Code (Canada) came into force;
(c)
convictions entered against the person for an offence under subsection 320.14(1), 320.14(4) or 320.15(1) of the
Criminal Code (Canada); and
(d)
orders of suspensions served on the person under section 310.04 or 310.06.
297(2)The Registrar shall assess against each driver and each non-resident driver for each conviction or each order a number of points as follows:
(a)
upon conviction of an offence under paragraph 346(1)(
a) or (
c), 6 points;
(b)
upon conviction of an offence under the
Criminal Code (Canada) involving the use of a motor vehicle, 10 points;
(b.1)
upon an order directing discharge under subsection 255(5) of the
Criminal Code (Canada), as that subsection read before the date that subsection 320.23(1) of that Act came into force, 10 points;
(b.2)
upon conviction of an offence under subsection 4(1) or (2) or 7(5) or (6) of the
Transportation of Dangerous Goods Act, 5 points;
(c)
upon conviction of any offence under this Act or the regulations involving the use of motor vehicle in motion, 3 points;
(d)
upon conviction of any offence under this Act or the regulations involving the equipment of a vehicle 2 points;
(d.1)
upon conviction of an offence under paragraph 84(4)(
a), (
b), (
c) or (
c.1) or subparagraph 84(5)(
a)(i),(ii) or (iii) or paragraph 84(5)(
b), 3 points;
(d.2)
upon conviction of an offence under paragraph 84(4)(d) or (e) or (5)(c) or (d) or subsection 310.02(13), 10 points;
(d.3)
upon conviction of an offence under paragraph 84.11(3)(
a), (
b) or (
c), 3 points;
(d.4)
upon conviction of an offence under paragraph 84.11(3)(d) or (e) or subsection 310.021(14), 10 points;
(d.5)
upon an order of suspension under section 310.06, 10 points;
(e)
upon conviction of an offence under section 130 for failure to report an accident, 5 points;
(f)
upon conviction of an offence under paragraph 140(1.1)(
a), 3 points;
(g)
upon conviction of an offence under paragraph 140(1.1)(
b) or (
c), 5 points;
(g.001)
upon conviction of an offence under paragraph 140(1.1)(d), 6 points;
(g.01)
upon conviction of an offence under paragraph 140.1(5)(
a), 3 points;
(g.02)
upon conviction of an offence under paragraph 140.1(5)(
b) or (
c), 5 points;
(g.03)
upon conviction of an offence under paragraph 142.01(6)(
a), 3 points;
(g.04)
upon conviction of an offence under paragraph 142.01(6)(
b) or (
c), 5 points;
(g.1)
upon conviction of an offence under subsection 142.1(2), 3 points;
(g.2)
on conviction of an offence under subsection 188(1), 6 points;
(h)
upon conviction of an offence under subsection 192(1) for unlawful parking with view obstructed, 3 points;
(i)
upon conviction of an offence under sections 193, 194 and 195 for unlawful parking without view obstructed, 2 points;
(i.1)
upon conviction of an offence under subsection 200.1(3), 2 points;
(i.2)
upon conviction of an offence under paragraph 207.1(4)(
a) or (
b), 2 points;
(j)
upon conviction of an offence under a local by-law involving use of a motor vehicle in motion, 3 points;
(k)
upon conviction of an offence under section 265.02, 5 points;
(l)
upon conviction of an offence under subsection 265.04(1), 5 points.
297(2.01)Despite subsection (2), when evidence of an offence is obtained through the use of an image-capturing enforcement system, the Registrar shall not assess any points against the registered owner or lessee of a vehicle on conviction of an offence under any of the following provisions:
(b)
paragraph 140.01(1)(a), (b) or (c); and
297(2.1)Notwithstanding subsection (2), the Registrar shall not assess any points upon conviction of an offence in relation to section 200.1, other than an offence under subsection 200.1(3).
297(2.2)Repealed: 2021, c.23, s.1
297(3)Where three or more points are assessed against the record of any driver he shall be given a written warning by the Registrar.
297(4)Where seven or more but fewer than ten points are assessed against the record of a driver, the Registrar shall send to the driver a written warning advising the driver of the loss of points and advising the driver of the need to improve the driver’s driving habits.
297(4.1)Repealed: 1992, c.37, s.2
297(5)In the case of a non-resident driver the Registrar shall notify the official responsible for the administration of motor vehicle laws in the place of residence of such non-resident of each conviction of such non-resident, and the number of points assessed against the record of that non-resident in the Province.
1955, c.13, s.269; 1956, c.19, s.26; 1957, c.21, s.28; 1960, c.53, s.48; 1961-62, c.62, s.103; 1970, c.34, s.18; 1973, c.59, s.1; 1977, c.32, s.29; 1977, c.M-11.1, s.17; 1981, c.48, s.17; 1982, c.3, s.47; 1983, c.52, s.32; 1985, c.34, s.28; 1986, c.56, s.15; 1988, c.66, s.14; 1992, c.37, s.2; 1993, c.5, s.18; 1994, c.31, s.18; 1994, c.69, s.5; 1997, c.62, s.15; 1998, c.30, s.24; 2001, c.30, s.15; 2007, c.44, s.15; 2008, c.33, s.7; 2010, c.33, s.3; 2014, c.44, s.9; 2016, c.8, s.6; 2017, c.54, s.5; 2017, c.54, s.29; 2020, c.2, s.10; 2021, c.23, s.1; 2023, c.8, s.1; 2024, c.16, s.4