Acts and Regulations

M-17 - Motor Vehicle Act

Section 310.01
Disposition versions

Full text
Revocation of a licence and suspension of driving privileges
310.01(1)If, on demand of a peace officer made under section 320.27 or 320.28 of the Criminal Code (Canada), a person provides a sample of the person’s breath which, on analysis by an approved screening device, registers “Warn”, the peace officer shall request the person to surrender the person’s licence.
310.01(2)Where, upon demand of a peace officer made under subsection 320.27(1) or section 320.28 of the Criminal Code (Canada), a person provides a sample of the person’s breath which, on analysis by an approved instrument, indicates that the concentration of alcohol in the person’s blood is 50 mg or more of alcohol in 100 ml of blood, the peace officer shall request the person to surrender the person’s licence.
310.01(2.1)Where, upon demand of a peace officer made under subsection 320.27(1) of the Criminal Code (Canada), a person 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, the peace officer shall request the person to surrender the person’s licence.
310.01(3)Where a person is charged with an offence under subsection 320.15(1) of the Criminal Code (Canada), or any procedure is taken pending the laying of such charge to assure the person’s attendance in court on the charge, a peace officer shall request the person to surrender the person’s licence.
310.01(4)On a request being made under subsection (1), (2), (2.1) or (3), the person to whom the request is made shall immediately surrender the person’s licence to the peace officer and, whether or not the person is unable or fails to surrender the person’s licence, the person’s licence is revoked and driving privilege suspended from the time the request is made to the expiration of
(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,
(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) the period set out in subsection 310.02(6), in the case of a revocation of a novice driver’s learner’s licence and the suspension of the novice driver’s driving privilege, and
(e) the period set out in subsection 310.021(7), in the case of a revocation of a novice motorcycle driver’s motorcycle learner’s licence and the suspension of the novice motorcycle driver’s driving privilege.
310.01(4.1)Repealed: 2010, c.27, s.1
310.01(5)The revocation of a licence and the suspension of a driving privilege under this section is in addition to and not in substitution for any proceeding or penalty arising from the same circumstances.
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 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 person of the person’s right to a second analysis before revoking the person’s driver’s licence and suspending the person’s driving privilege.
310.01(7)If a second analysis is requested under paragraph (6)(a), the analysis shall be performed by a different approved screening device than was used in the first analysis.
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.
310.01(8)For the purposes of subsection (1), the approved screening device shall not be calibrated to register “Warn” when the concentration of alcohol in the blood of the person whose breath is being analyzed is less than fifty milligrams of alcohol in one hundred millilitres of blood.
310.01(9)It shall be presumed, in the absence of evidence to the contrary, that any approved screening device used for the purposes of subsection (1) has been calibrated as required under subsection (8).
310.01(10)Subject to subsections 310.02(10) and 310.021(11), when a licence is revoked and a driving privilege is suspended under this section, the peace officer who requested the surrender of the licence under subsection (1), (2), (2.1) or (3), shall
(a) keep a written record of the revocation and suspension with the name and address of the person and the date and time of the revocation and suspension;
(b) provide the person with a written statement of the time at which the revocation and suspension take effect, the length of the period during which the person’s licence is revoked and privilege suspended, 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) 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 320.32 of the Criminal Code (Canada) with respect to the person referred to in subsection (4);
(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; and
(iv) 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 person on the test met the criteria prescribed by regulation for a poor performance on the basis of which the written statement was provided.
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 shall 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.
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.
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 the person’s 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 the person’s licence if it has not been previously surrendered, unless the person 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 the person 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 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) 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)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 (14), the Registrar is satisfied that the person was the driver and that
(a) in the case of a person who provided a sample of breath under subsection (1) that, on analysis by an approved screening device, registered “Warn”, the person was advised of the person’s right to request and be provided with a second analysis by a different approved screening device than was used in the first analysis,
(b) in the case of a person to whom paragraph (a) applies who 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 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(21.1)In the case of the revocation and suspension of a person’s licence and driving privilege relating to a 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 (14), 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 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)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 any administrative penalty paid under section 310.011 and 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) in the case of a person who provided a sample of breath under subsection (1) that, on analysis by an approved screening device, registered “Warn”, the person was not advised of the person’s right to request and be provided with a second analysis by a different approved screening device than was used in the first analysis,
(b) in the case of a person to whom paragraph (a) applies who 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 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(22.1)In the case of the revocation and suspension of a person’s licence and driving privilege relating to a 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 any administrative penalty paid under section 310.011 and 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 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 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 the applicant’s 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.
1985, c.34, s.36; 1986, c.56, s.24; 1993, c.5, s.28; 1998, c.30, s.26; 2007, c.44, s.17; 2010, c.27, s.1; 2016, c.8, s.12; 2017, c.54, s.12; 2017, c.54, s.42; 2018, c.13, s.1; 2018, c.13, s.7; 2020, c.2, s.15; 2024, c.16, s.11
Revocation of a licence and suspension of driving privileges
310.01(1)If, on demand of a peace officer made under section 320.27 or 320.28 of the Criminal Code (Canada), a person provides a sample of the person’s breath which, on analysis by an approved screening device, registers “Warn”, the peace officer may request the person to surrender the person’s licence.
310.01(2)Where, upon demand of a peace officer made under subsection 320.27(1) or section 320.28 of the Criminal Code (Canada), a person provides a sample of the person’s breath which, on analysis by an approved instrument, indicates that the concentration of alcohol in the person’s blood is 50 mg or more of alcohol in 100 ml of blood, a peace officer may request the person to surrender the person’s licence.
310.01(2.1)Where, upon demand of a peace officer made under subsection 320.27(1) of the Criminal Code (Canada), a person 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, a peace officer may request the person to surrender the person’s licence.
310.01(3)Where a person is charged with an offence under subsection 320.15(1) of the Criminal Code (Canada), or any procedure is taken pending the laying of such charge to assure the person’s attendance in court on the charge, a peace officer may request the person to surrender his licence.
310.01(4)On a request being made under subsection (1), (2), (2.1) 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 from the time the request is made to the expiration of
(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,
(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) the period set out in subsection 310.02(6), in the case of a revocation of a novice driver’s learner’s licence and the suspension of his or her driving privilege, and
(e) the period set out in subsection 310.021(7), in the case of a revocation of a novice motorcycle driver’s motorcycle learner’s licence and the suspension of his or her driving privilege.
310.01(4.1)Repealed: 2010, c.27, s.1
310.01(5)The revocation of a licence and the suspension of a driving privilege under this section is in addition to and not in substitution for any proceeding or penalty arising from the same circumstances.
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 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 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.
310.01(7)If a second analysis is requested under paragraph (6)(a), the analysis shall be performed by a different approved screening device than was used in the first analysis.
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.
310.01(8)For the purposes of subsection (1), the approved screening device shall not be calibrated to register “Warn” when the concentration of alcohol in the blood of the person whose breath is being analyzed is less than fifty milligrams of alcohol in one hundred millilitres of blood.
310.01(9)It shall be presumed, in the absence of evidence to the contrary, that any approved screening device used for the purposes of subsection (1) has been calibrated as required under subsection (8).
310.01(10)Subject to subsections 310.02(10) and 310.021(11), when a licence is revoked and a driving privilege is suspended under this section, the peace officer who requested the surrender of the licence under subsection (1), (2), (2.1) or (3), shall
(a) keep a written record of the revocation and suspension with the name and address of the person and the date and time of the revocation and suspension;
(b) provide the person with a written statement of the time at which the revocation and suspension take effect, the length of the period during which his licence is revoked and privilege suspended, 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) 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 320.32 of the Criminal Code (Canada) with respect to the person referred to in subsection (4);
(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; and
(iv) 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 person on the test met the criteria prescribed by regulation for a poor performance on the basis of which the written statement was provided.
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.
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.
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 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) 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)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 (14), the Registrar is satisfied that the person was the driver and that
(a) in the case of a person who provided a sample of breath under subsection (1) that, on analysis by an approved screening device, registered “Warn”, the person was advised of his or her right to request and be provided with a second analysis by a different approved screening device than was used in the first analysis,
(b) in the case of a person to whom paragraph (a) applies who 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 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(21.1)In the case of the revocation and suspension of a person’s licence and driving privilege relating to a 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 (14), 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 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)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 (14), the Registrar is not satisfied that the person was the driver or is satisfied that
(a) in the case of a person who provided a sample of breath under subsection (1) that, on analysis by an approved screening device, registered “Warn”, 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 than was used in the first analysis,
(b) in the case of a person to whom paragraph (a) applies who 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 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(22.1)In the case of the revocation and suspension of a person’s licence and driving privilege relating to a 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 (14), 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 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.
1985, c.34, s.36; 1986, c.56, s.24; 1993, c.5, s.28; 1998, c.30, s.26; 2007, c.44, s.17; 2010, c.27, s.1; 2016, c.8, s.12; 2017, c.54, s.12; 2017, c.54, s.42; 2018, c.13, s.1; 2018, c.13, s.7; 2020, c.2, s.15
Revocation of a licence and suspension of driving privileges
310.01(1)Where, upon demand of a peace officer made under subsection 320.27(1) or section 320.28 of the Criminal Code (Canada), a person provides a sample of the person’s breath which, on analysis by an approved screening device, registers “Warn”, the peace officer may request the person to surrender the person’s licence.
310.01(2)Where, upon demand of a peace officer made under subsection 320.27(1) or section 320.28 of the Criminal Code (Canada), a person provides a sample of the person’s breath which, on analysis by an approved instrument, indicates that the concentration of alcohol in the person’s blood is 50 mg or more of alcohol in 100 ml of blood, a peace officer may request the person to surrender the person’s licence.
310.01(2.1)Where, upon demand of a peace officer made under subsection 320.27(1) of the Criminal Code (Canada), a person 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, a peace officer may request the person to surrender the person’s licence.
310.01(3)Where a person is charged with an offence under subsection 320.15(1) of the Criminal Code (Canada), or any procedure is taken pending the laying of such charge to assure the person’s attendance in court on the charge, a peace officer may request the person to surrender his licence.
310.01(4)On a request being made under subsection (1), (2), (2.1) 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 from the time the request is made to the expiration of
(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,
(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) the period set out in subsection 310.02(6), in the case of a revocation of a novice driver’s learner’s licence and the suspension of his or her driving privilege, and
(e) the period set out in subsection 310.021(7), in the case of a revocation of a novice motorcycle driver’s motorcycle learner’s licence and the suspension of his or her driving privilege.
310.01(4.1)Repealed: 2010, c.27, s.1
310.01(5)The revocation of a licence and the suspension of a driving privilege under this section is in addition to and not in substitution for any proceeding or penalty arising from the same circumstances.
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 request that a second analysis 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.
310.01(7)If a second analysis is requested under paragraph (6)(a), the analysis shall be performed by a different approved screening device than was used in the first analysis.
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.
310.01(8)For the purposes of subsection (1), the approved screening device shall not be calibrated to register “Warn” when the concentration of alcohol in the blood of the person whose breath is being analyzed is less than fifty milligrams of alcohol in one hundred millilitres of blood.
310.01(9)It shall be presumed, in the absence of evidence to the contrary, that any approved screening device used for the purposes of subsection (1) has been calibrated as required under subsection (8).
310.01(10)Subject to subsections 310.02(10) and 310.021(11), when a licence is revoked and a driving privilege is suspended under this section, the peace officer who requested the surrender of the licence under subsection (1), (2), (2.1) or (3), shall
(a) keep a written record of the revocation and suspension with the name and address of the person and the date and time of the revocation and suspension;
(b) provide the person with a written statement of the time at which the revocation and suspension take effect, the length of the period during which his licence is revoked and privilege suspended, 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) 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 320.32 of the Criminal Code (Canada) with respect to the person referred to in subsection (4);
(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; and
(iv) 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 person on the test met the criteria prescribed by regulation for a poor performance on the basis of which the written statement was provided.
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.
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.
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 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) 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)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 (14), the Registrar is satisfied that the person was the driver and that
(a) in the case of a person who provided a sample of breath under subsection (1) that, on analysis by an approved screening device, registered “Warn”, the person was advised of his or her right to request and be provided with a second analysis by a different approved screening device than was used in the first analysis,
(b) in the case of a person to whom paragraph (a) applies who 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 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(21.1)In the case of the revocation and suspension of a person’s licence and driving privilege relating to a 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 (14), 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 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)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 (14), the Registrar is not satisfied that the person was the driver or is satisfied that
(a) in the case of a person who provided a sample of breath under subsection (1) that, on analysis by an approved screening device, registered “Warn”, 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 than was used in the first analysis,
(b) in the case of a person to whom paragraph (a) applies who 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 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(22.1)In the case of the revocation and suspension of a person’s licence and driving privilege relating to a 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 (14), 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 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.
1985, c.34, s.36; 1986, c.56, s.24; 1993, c.5, s.28; 1998, c.30, s.26; 2007, c.44, s.17; 2010, c.27, s.1; 2016, c.8, s.12; 2017, c.54, s.12; 2017, c.54, s.42; 2018, c.13, s.1; 2018, c.13, s.7
Breath sample
310.01(1)Where, upon demand of a peace officer made under subsection 254(2) of the Criminal Code (Canada), a person provides a sample of the person’s breath which, on analysis by an approved screening device, registers “Warn”, the peace officer may request the person to surrender the person’s licence.
310.01(2)Where, upon demand of a peace officer made under subsection 254(2) of the Criminal Code (Canada), a person provides a sample of the person’s breath which, on analysis by an approved instrument, indicates that the concentration of alcohol in the person’s blood is fifty milligrams or more of alcohol in one hundred millilitres of blood, a peace officer may request the person to surrender the person’s licence.
310.01(3)Where a person is charged with an offence under section 254 of the Criminal Code (Canada), or any procedure is taken pending the laying of such charge to assure the person’s attendance in court on the charge, a peace officer may request the person to surrender his licence.
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 from the time the request is made to the expiration of
(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,
(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) the period set out in subsection 310.02(6), in the case of a revocation of a novice driver’s learner’s licence and the suspension of his or her driving privilege, and
(e) the period set out in subsection 310.021(7), in the case of a revocation of a novice motorcycle driver’s motorcycle learner’s licence and the suspension of his or her driving privilege.
310.01(4.1)Repealed: 2010, c.27, s.1
310.01(5)The revocation of a licence and the suspension of a driving privilege under this section is in addition to and not in substitution for any proceeding or penalty arising from the same circumstances.
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 request that a second analysis 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.
310.01(7)If a second analysis is requested under paragraph (6)(a), the analysis shall be performed by a different approved screening device than was used in the first analysis.
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.
310.01(8)For the purposes of subsection (1), the approved screening device shall not be calibrated to register “Warn” when the concentration of alcohol in the blood of the person whose breath is being analyzed is less than fifty milligrams of alcohol in one hundred millilitres of blood.
310.01(9)It shall be presumed, in the absence of evidence to the contrary, that any approved screening device used for the purposes of subsection (1) has been calibrated as required under subsection (8).
310.01(10)Subject to subsections 310.02(10) and 310.021(11), when a licence is revoked and a driving privilege is suspended under this section, the peace officer who requested the surrender of the licence under subsection (1), (2) or (3), shall
(a) keep a written record of the revocation and suspension with the name and address of the person and the date and time of the revocation and suspension;
(b) provide the person with a written statement of the time at which the revocation and suspension take effect, the length of the period during which his licence is revoked and privilege suspended, 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) 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.
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.
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.
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) in the case of a person who provided a sample of breath under subsection (1) that, on analysis by an approved screening device, registered “Warn”, the person was advised of his or her right to request and be provided with a second analysis by a different approved screening device than was used in the first analysis,
(b) in the case of a person to whom paragraph (a) applies who 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 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) in the case of a person who provided a sample of breath under subsection (1) that, on analysis by an approved screening device, registered “Warn”, 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 than was used in the first analysis,
(b) in the case of a person to whom paragraph (a) applies who 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 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.
1985, c.34, s.36; 1986, c.56, s.24; 1993, c.5, s.28; 1998, c.30, s.26; 2007, c.44, s.17; 2010, c.27, s.1; 2016, c.8, s.12; 2018, c.13, s.1
Breath sample
310.01(1)Where, upon demand of a peace officer made under subsection 254(2) of the Criminal Code (Canada), a person provides a sample of the person’s breath which, on analysis by an approved screening device, registers “Warn”, the peace officer may request the person to surrender the person’s licence.
310.01(2)Where, upon demand of a peace officer made under subsection 254(2) of the Criminal Code (Canada), a person provides a sample of the person’s breath which, on analysis by an approved instrument, indicates that the concentration of alcohol in the person’s blood is fifty milligrams or more of alcohol in one hundred millilitres of blood, a peace officer may request the person to surrender the person’s licence.
310.01(3)Where a person is charged with an offence under section 254 of the Criminal Code (Canada), or any procedure is taken pending the laying of such charge to assure the person’s attendance in court on the charge, a peace officer may request the person to surrender his licence.
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.
310.01(4.1)Repealed: 2010, c.27, s.1
310.01(5)The revocation of a licence and the suspension of a driving privilege under this section is in addition to and not in substitution for any proceeding or penalty arising from the same circumstances.
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.
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.
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.
310.01(8)For the purposes of subsection (1), the approved screening device shall not be calibrated to register “Warn” when the concentration of alcohol in the blood of the person whose breath is being analyzed is less than fifty milligrams of alcohol in one hundred millilitres of blood.
310.01(9)It shall be presumed, in the absence of evidence to the contrary, that any approved screening device used for the purposes of subsection (1) has been calibrated as required under subsection (8).
310.01(10)Where a licence is revoked and a driving privilege is suspended under this section, the peace officer who requested the surrender of the licence under subsection (1), (2) or (3), shall
(a) keep a written record of the revocation and suspension with the name and address of the person and the date and time of the revocation and suspension;
(b) provide the person with a written statement of the time at which the revocation and suspension take effect, the length of the period during which his licence is revoked and privilege suspended, 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) 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.
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.
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.
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.
1985, c.34, s.36; 1986, c.56, s.24; 1993, c.5, s.28; 1998, c.30, s.26; 2007, c.44, s.17; 2010, c.27, s.1; 2016, c.8, s.12
Breath sample
310.01(1)Where, upon demand of a peace officer made under subsection 254(2) of the Criminal Code (Canada), a person provides a sample of the person’s breath which, on analysis by an approved screening device as defined in section 254 of the Criminal Code (Canada), registers “Warn”, the peace officer may request the person to surrender the person’s licence.
310.01(2)Where, upon demand of a peace officer made under subsection 254(2) of the Criminal Code (Canada), a person provides a sample of the person’s breath which, on analysis by an approved instrument as defined in section 254 of the Criminal Code (Canada), indicates that the concentration of alcohol in the person’s blood is fifty milligrams or more of alcohol in one hundred millilitres of blood, a peace officer may request the person to surrender the person’s licence.
310.01(3)Where a person is charged with an offence under section 254 of the Criminal Code (Canada), or any procedure is taken pending the laying of such charge to assure the person’s attendance in court on the charge, a peace officer may request the person to surrender his licence.
310.01(4)Upon a request being made under subsection (1), (2) or (3), the person to whom the request is made shall forthwith surrender his licence to the peace officer and, whether or not the person is unable or fails to surrender his licence to the peace officer, his licence is revoked and his driving privilege is suspended for a period of seven days from the time the request is made.
310.01(4.1)Repealed: 2010, c.27, s.1
310.01(5)The revocation of a licence and the suspension of a driving privilege under this section is in addition to and not in substitution for any proceeding or penalty arising from the same circumstances.
310.01(6)Where an analysis of the breath of a person is made under subsection (1) and registers “Warn”, the person may require a further analysis to be performed in the manner provided in subsection (2), in which case the result obtained on the second analysis governs and any revocation and suspension resulting from an analysis under subsection (1) continues or terminates accordingly.
310.01(7)Where an analysis of the breath of a person is made under subsection (1) and registers “Warn”, the peace officer who made the demand under subsection (1) shall advise the person of his right under subsection (6) to a further analysis.
310.01(8)For the purposes of subsection (1), the approved screening device shall not be calibrated to register “Warn” when the concentration of alcohol in the blood of the person whose breath is being analyzed is less than fifty milligrams of alcohol in one hundred millilitres of blood.
310.01(9)It shall be presumed, in the absence of evidence to the contrary, that any approved screening device used for the purposes of subsection (1) has been calibrated as required under subsection (8).
310.01(10)Where a licence is revoked and a driving privilege is suspended under this section, the peace officer who requested the surrender of the licence under subsection (1), (2) or (3), shall
(a) keep a written record of the revocation and suspension with the name and address of the person and the date and time of the revocation and suspension; and
(b) provide the person with a written statement of the time at which the revocation and suspension take effect, the length of the period during which his licence is revoked and privilege suspended, 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.
310.01(11)Where a licence is revoked and a driving privilege is suspended under this section, if the motor vehicle is in a location from which, in the opinion of a peace officer, it should be removed, and there is no person with a licence easily available to remove the motor vehicle with the consent of the person whose licence is revoked and privilege is suspended, the peace officer may remove and store the motor vehicle or cause it to be removed and stored and shall notify the person of its location.
310.01(12)The costs and charges incurred in moving or storing a vehicle pursuant to subsection (11) shall be paid, before the vehicle is released, by the person to whom the vehicle is released.
1985, c.34, s.36; 1986, c.56, s.24; 1993, c.5, s.28; 1998, c.30, s.26; 2007, c.44, s.17; 2010, c.27, s.1
Breath sample
310.01(1)Where, upon demand of a peace officer made under subsection 254(2) of the Criminal Code (Canada), a person provides a sample of the person’s breath which, on analysis by an approved screening device as defined in section 254 of the Criminal Code (Canada), registers “Warn”, the peace officer may request the person to surrender the person’s licence.
310.01(2)Where, upon demand of a peace officer made under subsection 254(2) of the Criminal Code (Canada), a person provides a sample of the person’s breath which, on analysis by an approved instrument as defined in section 254 of the Criminal Code (Canada), indicates that the concentration of alcohol in the person’s blood is fifty milligrams or more of alcohol in one hundred millilitres of blood, a peace officer may request the person to surrender the person’s licence.
310.01(3)Where a person is charged with an offence under section 254 of the Criminal Code (Canada), or any procedure is taken pending the laying of such charge to assure the person’s attendance in court on the charge, a peace officer may request the person to surrender his licence.
310.01(4)Upon a request being made under subsection (1), (2) or (3), the person to whom the request is made shall forthwith surrender his licence to the peace officer and, whether or not the person is unable or fails to surrender his licence to the peace officer, his licence is revoked and his driving privilege is suspended for a period of twenty-four hours from the time the request is made.
310.01(4.1)The licence suspension under this section runs concurrently with a suspension, if any, under section 310.04.
310.01(5)The revocation of a licence and the suspension of a driving privilege under this section is in addition to and not in substitution for any proceeding or penalty arising from the same circumstances.
310.01(6)Where an analysis of the breath of a person is made under subsection (1) and registers “Warn”, the person may require a further analysis to be performed in the manner provided in subsection (2), in which case the result obtained on the second analysis governs and any revocation and suspension resulting from an analysis under subsection (1) continues or terminates accordingly.
310.01(7)Where an analysis of the breath of a person is made under subsection (1) and registers “Warn”, the peace officer who made the demand under subsection (1) shall advise the person of his right under subsection (6) to a further analysis.
310.01(8)For the purposes of subsection (1), the approved screening device shall not be calibrated to register “Warn” when the concentration of alcohol in the blood of the person whose breath is being analyzed is less than fifty milligrams of alcohol in one hundred millilitres of blood.
310.01(9)It shall be presumed, in the absence of evidence to the contrary, that any approved screening device used for the purposes of subsection (1) has been calibrated as required under subsection (8).
310.01(10)Where a licence is revoked and a driving privilege is suspended under this section, the peace officer who requested the surrender of the licence under subsection (1), (2) or (3), shall
(a) keep a written record of the revocation and suspension with the name and address of the person and the date and time of the revocation and suspension; and
(b) provide the person with a written statement of the time at which the revocation and suspension take effect, the length of the period during which his licence is revoked and privilege suspended, 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.
310.01(11)Where a licence is revoked and a driving privilege is suspended under this section, if the motor vehicle is in a location from which, in the opinion of a peace officer, it should be removed, and there is no person with a licence easily available to remove the motor vehicle with the consent of the person whose licence is revoked and privilege is suspended, the peace officer may remove and store the motor vehicle or cause it to be removed and stored and shall notify the person of its location.
310.01(12)The costs and charges incurred in moving or storing a vehicle pursuant to subsection (11) shall be paid, before the vehicle is released, by the person to whom the vehicle is released.
1985, c.34, s.36; 1986, c.56, s.24; 1993, c.5, s.28; 1998, c.30, s.26; 2007, c.44, s.17
Breath sample
310.01(1)Where, upon demand of a peace officer made under subsection 254(2) of the Criminal Code (Canada), a person provides a sample of the person’s breath which, on analysis by an approved screening device as defined in section 254 of the Criminal Code (Canada), registers “Warn”, the peace officer may request the person to surrender the person’s licence.
310.01(2)Where, upon demand of a peace officer made under subsection 254(2) of the Criminal Code (Canada), a person provides a sample of the person’s breath which, on analysis by an approved instrument as defined in section 254 of the Criminal Code (Canada), indicates that the concentration of alcohol in the person’s blood is fifty milligrams or more of alcohol in one hundred millilitres of blood, a peace officer may request the person to surrender the person’s licence.
310.01(3)Where a person is charged with an offence under section 254 of the Criminal Code (Canada), or any procedure is taken pending the laying of such charge to assure the person’s attendance in court on the charge, a peace officer may request the person to surrender his licence.
310.01(4)Upon a request being made under subsection (1), (2) or (3), the person to whom the request is made shall forthwith surrender his licence to the peace officer and, whether or not the person is unable or fails to surrender his licence to the peace officer, his licence is revoked and his driving privilege is suspended for a period of twenty-four hours from the time the request is made.
310.01(5)The revocation of a licence and the suspension of a driving privilege under this section is in addition to and not in substitution for any proceeding or penalty arising from the same circumstances.
310.01(6)Where an analysis of the breath of a person is made under subsection (1) and registers “Warn”, the person may require a further analysis to be performed in the manner provided in subsection (2), in which case the result obtained on the second analysis governs and any revocation and suspension resulting from an analysis under subsection (1) continues or terminates accordingly.
310.01(7)Where an analysis of the breath of a person is made under subsection (1) and registers “Warn”, the peace officer who made the demand under subsection (1) shall advise the person of his right under subsection (6) to a further analysis.
310.01(8)For the purposes of subsection (1), the approved screening device shall not be calibrated to register “Warn” when the concentration of alcohol in the blood of the person whose breath is being analyzed is less than fifty milligrams of alcohol in one hundred millilitres of blood.
310.01(9)It shall be presumed, in the absence of evidence to the contrary, that any approved screening device used for the purposes of subsection (1) has been calibrated as required under subsection (8).
310.01(10)Where a licence is revoked and a driving privilege is suspended under this section, the peace officer who requested the surrender of the licence under subsection (1), (2) or (3), shall
(a) keep a written record of the revocation and suspension with the name and address of the person and the date and time of the revocation and suspension; and
(b) provide the person with a written statement of the time at which the revocation and suspension take effect, the length of the period during which his licence is revoked and privilege suspended, 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.
310.01(11)Where a licence is revoked and a driving privilege is suspended under this section, if the motor vehicle is in a location from which, in the opinion of a peace officer, it should be removed, and there is no person with a licence easily available to remove the motor vehicle with the consent of the person whose licence is revoked and privilege is suspended, the peace officer may remove and store the motor vehicle or cause it to be removed and stored and shall notify the person of its location.
310.01(12)The costs and charges incurred in moving or storing a vehicle pursuant to subsection (11) shall be paid, before the vehicle is released, by the person to whom the vehicle is released.
1985, c.34, s.36; 1986, c.56, s.24; 1993, c.5, s.28; 1998, c.30, s.26