Administrative licence suspension
310.04(1)In this section and section 310.05, “motor vehicle” includes a farm tractor.
310.04(2)A peace officer shall take action under subsection (3) if in relation to a person’s operation, or care or control, of a motor vehicle, the peace officer
(a)
by reason of an analysis of the breath or blood of a person has reason to believe that the person has consumed alcohol in such a quantity that the concentration of it in the person’s blood is equal to or exceeds 80 mg of alcohol in 100 ml of blood, or
(b)
has reason to believe that the person, while having alcohol in the person’s body, failed or refused to comply with a demand to supply a sample of breath or blood under section 320.27 or 320.28 of the
Criminal Code (Canada).
310.04(2.1)A peace officer shall take action under subsection (3) if in relation to a person’s operation, or care or control of a motor vehicle,
(a)
on demand made under section 320.28 of the
Criminal Code (Canada), the person submits to an evaluation conducted by an evaluating officer, and the evaluating officer reasonably believes that the person’s performance on the evaluation amounts to a poor performance, or
(b)
the peace officer has reason to believe that the person, while having a drug in the person’s body, failed or refused to comply with a demand to supply a sample of a bodily substance under section 320.27 or 320.28 of the
Criminal Code (Canada) or to submit to an evaluation under section 320.28 of the
Criminal Code (Canada).
310.04(3)In the circumstances described in subsection (2) or (2.1), the peace officer, on behalf of the Registrar, shall
(a)
if the person holds a valid driver’s licence issued under this Act, take possession of the driver’s licence and immediately suspend the person’s driver’s licence and the person’s driving privilege by serving on the person an order of suspension,
(b)
if the person holds a valid out-of-province driving licence, immediately suspend the person’s driving privilege by serving on the person an order of suspension, and
(c)
if the person does not hold a valid driver’s licence or out-of-province driving licence, immediately suspend the person’s driving privilege by serving on the person an order of suspension.
310.04(3.1)Repealed: 2018, c.13, s.4
310.04(3.2)Repealed: 2018, c.13, s.4
310.04(3.3)Repealed: 2018, c.13, s.4
310.04(4)Repealed: 2010, c.27, s.3
310.04(5)Repealed: 2010, c.27, s.3
310.04(6)A peace officer who serves an order under subsection (3) shall without delay forward to the Registrar
(a)
the person’s driver’s licence, if one has been surrendered,
(b)
a copy of the completed order sworn or solemnly affirmed by the peace officer,
(c)
a report sworn or solemnly affirmed by the peace officer,
(d)
a copy of any certificate of analysis under section 320.32 of the
Criminal Code (Canada) with respect to the person described in subsection (3), and
(e)
in the case of a suspension of a person’s driver’s licence and the person’s driving privilege resulting from the analysis of a sample of breath, information relating to the calibration of the approved instrument, on the basis of which the order of suspension was served.
310.04(7)The order of suspension and report of the peace officer referred to in this section shall be in the form, contain the information and be completed in the manner required by the Registrar.
310.04(7.1)If a person’s driver’s licence and driving privilege are suspended under subsection (3), the peace officer shall detain the motor vehicle and the motor vehicle shall be impounded
(a)
for 30 days from the date it was detained if
(i)
the person has not been subject to an order of suspension under section 310.06 in the ten years preceding the date of the suspension, and
(ii)
the person has had no convictions under subsection 320.14(1), 320.14(4) or 320.15(1) of the
Criminal Code (Canada) in the ten years preceding the date of the suspension, or
(b)
for 60 days from the date it was detained if
(i)
the person has been subject at least once to an order of suspension under section 310.06 in the ten years preceding the date of the suspension, or
(ii)
the person has had at least one conviction under subsection 320.14(1), 320.14(4) or 320.15(1) of the
Criminal Code (Canada) in the ten years preceding the date of the suspension.
310.04(7.2)Section 310.2 applies to the detention and impoundment of a motor vehicle under subsection (7.1).
310.04(8)If a person who holds a licence does not surrender it, the person’s driver’s licence is nevertheless suspended.
310.04(9)Unless otherwise ordered in a review under section 310.05, a person’s driver’s licence and driving privilege is suspended under this section for three months from the effective date of the suspension.
310.04(10)Unless otherwise ordered in a review under section 310.05, the driving privilege of a person who does not hold a licence or who holds an out-of-province driving licence is suspended for three months from the effective date of the suspension.
310.04(11)This section does not apply if a peace officer takes action under subsection 310.06(4).
2007, c.44, s.20; 2010, c.27, s.3; 2016, c.8, s.15; 2017, c.54, s.17; 2017, c.54, s.45; 2018, c.13, s.4; 2019, c.6, s.18; 2020, c.2, s.18; 2024, c.16, s.15