Registration in alcohol ignition interlock device program
310.13(1)Unless the court orders otherwise and subject to subsections (1.1) and (2), the Registrar shall register a person in the program if
(a)
the person is convicted of an offence under subsection 320.14(1) or 320.15(1) of the
Criminal Code (Canada) and the licence of the person is revoked and the driving privilege of the person is suspended under paragraph 300(1)(a), subsection 302(2.1) or (2.2) or 302.1(1), or
(b)
the person is subject to an order of suspension under section 310.06 and the licence of the person is revoked and the driving privilege of the person is suspended under subsection 310.06(13), (14) or (15).
310.13(1.1)The Registrar shall not register a person in the program who is convicted of an offence under subsection 320.14(1) or 320.15(1) of the
Criminal Code (Canada) related to drugs not in combination with alcohol or whose licence is revoked and driving privilege is suspended under paragraph 300(1)(a), subsection 302(2.1) or (2.2) or 302.1(1) if the revocation and suspension is related to drugs not in combination with alcohol.
310.13(2)Subsection (1) does not apply to a person whose learner’s licence or motorcycle learner’s licence is revoked or driving privilege is suspended under subsection 84(11) or (12.02), 84.11(8) or (11.1), 310.02(6), 310.021(7) or 310.06(13), (14) or (15).
310.13(3)Subject to subsection (3.01), a person whose licence was revoked and driving privilege was suspended under paragraph 310.01(4)(
c) or subsection 310.04(9) may apply to the Registrar for application in the program on a form provided by the Registrar.
310.13(3.01)A person whose licence was revoked and driving privilege was suspended under a provision set out in subsection (3) may not apply to the Registrar for application in the program if the revocation and suspension is related to drugs not in combination with alcohol.
310.13(3.1)The Registrar shall register in the program a person who applies for registration under subsection (3).
310.13(4)The Registrar shall not issue a licence to a person who is registered in the program under paragraph 301(1)(
a) or reinstate the person’s driving privilege until
(a)
if the person is a mandatory participant registered in the program under paragraph (1)(a),
(i)
the expiry of a period specified in subsection 320.24(10) of the
Criminal Code (Canada) or the expiry of any greater period fixed by the court under that subsection,
(ii)
the person has successfully completed the impaired driver re-education course referred to in subsection 301(2), and
(iii)
the person satisfies the Registrar that an alcohol ignition interlock device has been installed in the motor vehicle that the person will operate during the person’s participation in the program,
(a.1)
if the person is a mandatory participant registered in the program under paragraph (1)(b),
(i)
the expiry of the period of three months beginning on the effective date of the suspension of the person’s driving privilege under subsection 310.06(13), (14) or (15), as the case may be,
(ii)
the person has successfully completed the impaired driver re-education course referred to in subsection 301(2),
(iii)
the person has paid the administrative penalty under paragraph 310.06(13)(d), (14)(d) or (15)(d), as the case may be, and
(iv)
the person satisfies the Registrar that an alcohol ignition interlock device has been installed in the motor vehicle that the person will operate during the person’s participation in the program, and
(b)
if the person is a voluntary participant, the person satisfies the Registrar that an alcohol ignition interlock device has been installed in the motor vehicle that the person will operate during the person’s participation in the program.
310.13(5)The reinstatement of the driving privilege of a person and the issuance of the licence to the person under paragraph 301(1)(a) terminates the period of suspension imposed under paragraph 300(1)(a) or subsection 302(2.1), (2.2) or 302.1(1), paragraph 310.01(4)(c) or subsection 310.04(9) or 310.06(13), (14) or (15), as the case may be
310.13(5.1)Subject to section 310.18.4, if a person is a mandatory participant registered in the program under paragraph (1)(a), the person’s participation in the program ends on the date calculated by subtracting the minimum absolute prohibition period from operating a motor vehicle imposed by the court under subsection 320.24(10) of the
Criminal Code (Canada) from the period of suspension imposed under paragraph 300(1)(a) or subsection 302(2.1), (2.2) or 302.1(1), as the case may be.
310.13(5.2)Subject to section 310.18.4, if a person is a mandatory participant registered in the program under paragraph (1)(b), the person’s participation in the program ends on the date the period of suspension imposed under subsection 310.06(13), (14) or (15), as the case may be, would have elapsed had the person not participated in the program.
310.13(6)If a person is a voluntary participant, the person’s participation in the program ends on the date on which
(a)
the period of suspension imposed under paragraph 310.01(4)(c) or subsection 310.04(9), as the case may be, would have elapsed if the person had not participated in the program,
(b)
the person is removed from the program, or
(c)
the person withdraws from the program.
310.13(7)A person registered in the program shall
(a)
satisfy any requirement and condition prescribed by regulation relating to the person’s participation in the program, and
(b)
pay any fee prescribed by regulation relating to the program.
2006, c.24, s.5; 2008, c.50, s.1; 2014, c.44, s.13; 2016, c.8, s.18; 2017, c.54, s.20; 2017, c.54, s.47; 2020, c.2, s.20; 2024, c.16, s.18