RELEVANT LEGISLATION
CRIMINAL CODE
Operation While Impaired
Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control
of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,
s. 253(a) - while the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or
s. 253(b) -having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred
millilitres of blood.
top of page
Refusal/Failure To Provide Breath Sample
s. 254(5) - Every one commits an offence who, without reasonable excuse, fails or refuses to comply with a demand made to him/her by a peace officer under
this section.
top of page
Charter of Rights and Freedoms
s. 7 - Life, Liberty and Security of Person
Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
s. 8 - Search or Seizure
Everyone has the right to be secure against unreasonable search or seizure.
S.9-Arbitrary Detention
Everyone has the right not to be arbitrarily detained or imprisoned.
S.10 Arrest or Detention
Everyone has the right on arrest or detention:
s. 10(a) - to be informed promptly of the reasons therefore; and
s. 10(b) - to retain and instruct counsel without delay and to be informed of that right.
top of page
Sections from the Traffic Safety Act
s. 82 When a person is disqualified from driving a motor vehicle in Alberta,
(a) that person's operator's licence, if that person holds a subsisting operator's licence, is suspended, and
(b) that person is disqualified from holding an operator's licence, during the time that the person is disqualified from driving.
top of page
Disqualification for impaired driving
s. 83 (1) When a person is found guilty under section 253 or 254 of the Criminal Code (Canada) anywhere in Canada, that person on being found guilty becomes
disqualified from driving a motor vehicle for a period of one year from the day of the finding of guilt.
(2) Notwithstanding subsection (1), if a person
(a) is found guilty under section 253 or 254 of the Criminal Code (Canada) anywhere in Canada, and
(b) has, in the preceding 10 years, been found guilty of an offence under section 253 or 254 of the Criminal Code (Canada)
anywhere in Canada, that person on being found guilty of the offence referred to in clause (a) becomes disqualified from driving a motor vehicle in Alberta
for a period of
3 years from the day of the finding of guilt.
(3) Notwithstanding anything in this section, when a person is found guilty under section 253 or 254 of the Criminal Code
(Canada) anywhere in Canada, and has, in the preceding 10 years, been found guilty of
(i) 2 offences under section 253 or 254 of the Criminal Code (Canada), or
(ii) one offence under section 253 of the Criminal Code (Canada) and one offence under section 254 of the Criminal Code
(Canada) anywhere in Canada, unless those 2 offences arose out of the same incident, that person on being found guilty of the offence referred to in clause
(a) becomes disqualified from driving a motor vehicle in Alberta for a period of
5 years from the day of the finding of guilt.
(4) When a person who holds an operator's licence is found guilty under section 253 or 254 of the Criminal Code (Canada),
the court hearing the case shall forward the operator's licence of that person to the Registrar.
(5) If a person is found guilty of 2 or more offences under section 253 or
254 of the Criminal Code (Canada) anywhere in Canada and the offences arose out of the same incident, the findings of guilt for those offences shall, for the
purposes of subsections (2)(b) and (3)(b), be considered to constitute only one finding of guilt, which shall be considered to have occurred
on the day of the earliest finding of guilt respecting those offences, and (b) for the purposes of subsection (1), the period of
disqualification shall be one year and shall run from the day of the earliest finding of guilt respecting those offences.
(6) For the purposes of subsections (2) and (3), a finding of guilt for an offence under section 234 or 236 of the Criminal Code (Canada) as it read immediately prior to December 4, 1985 is deemed to be a finding of guilt for an offence under section
237 of the Criminal Code (Canada) as it read immediately after December 3, 1985, and under section 234.1 or 235 of the Criminal Code
(Canada) as it read immediately prior to December 4, 1985 is deemed to be a finding of guilt for an offence under section 238 of the Criminal Code (Canada) as
it read immediately after December 3, 1985.
(7) For the purposes of subsections (2) and (3), a finding of guilt for an offence
(a) under section 237 of the Criminal Code (Canada) as it read immediately prior to December 12, 1988 is deemed to be a finding of guilt for
an offence under section
253 of the Criminal Code (Canada) as it read immediately after December 11, 1988, and
(b) under section 238 of the Criminal Code (Canada) as it read immediately prior to December 12, 1988 is deemed to be a finding of guilt for
an offence under section
254 of the Criminal Code (Canada) as it read immediately after December 11, 1988.
(8) For the purposes of subsections (2) and (3), a finding of guilt for an offence under section 253 of the
Criminal Code (Canada) as it read immediately prior to November 1, 1989 is deemed to be a finding of guilt for an offence under section 253 of the Criminal Code (Canada) as it
read immediately after October 31, 1989.
top of page
Driving while prohibited under Criminal Code
s. 84 If a person is found guilty anywhere in Canada of an offence under section 259(4) of the Criminal Code (Canada), that person on being
found guilty becomes disqualified from driving a motor vehicle in Alberta for a period of 6 months from the day of the finding of guilt.
88 (1) In this section,
(a) "alcohol-related driving of a motor vehicle" means those circumstances referred to in subsection (2)(a) and
(b);
"bodily harm" means any hurt or injury to a person that interferes with the health or comfort of the person and that is more than merely transient or trifling in
nature;
(c) "notice of disqualification" means a notice of disqualification referred to in subsection (2);
(d) "notice of suspension" means a notice of suspension referred to in subsection (2);
"peace officer" means a police officer as defined in section 1 of the Police Act;
"temporary operator's permit" means a temporary operator's permit issued under subsection (2).
(2) Where
(a) a peace officer has reasonable and probable grounds to believe that a person drove a motor vehicle, and
(b) in relation to that person driving that motor vehicle, the peace officer,
(i) by reason of an analysis of the breath or blood of the person, has reasonable and probable grounds to believe that the person has consumed alcohol in such
a quantity that the concentration of alcohol in that person's blood exceeds 80 milligrams of alcohol in 100 millilitres of blood, or
has reasonable and probable grounds to believe that the person while having alcohol in that person's body failed or refused, without a reasonable excuse, to comply with a
demand made on that person to supply a sample of that person's breath or blood under section 254 of the Criminal Code (Canada), he peace officer shall, on
behalf of the Registrar,
(c) in the case of a person who holds an operator's licence,
(i) require that person to surrender to the peace officer that operator's licence and issue to that person a temporary operator's permit, and serve on that person a notice of suspension of that person's operator's licence; in the case of a person who holds a temporary operator's permit, require that person to surrender to the peace officer that temporary operator's permit, and
(ii) serve on that person a notice of suspension of that temporary operator's permit;
in the case of a person who holds a licence or permit issued in another jurisdiction that permits the person to operate a motor vehicle, serve on that person a notice of
disqualification
(i) disqualifying that person from operating a motor vehicle, and
(ii) disqualifying that person from applying for or holding an operator's licence;
in the case of a person who does not hold an operator's licence, serve on that person a notice of disqualification disqualifying that person from applying for or holding an
operator's licence.
(3) Where
(a) a person's operator's licence is surrendered and a temporary operator's permit is issued under subsection (2)(c),
(i) that person is immediately disqualified from driving a motor vehicle in Alberta and remains so disqualified until the temporary operator's permit comes
into effect,
(ii) the temporary operator's permit comes into effect at the expiration of
24 hours from the time that the disqualification referred to in subclause
(i) came into effect, and
(iii) the temporary operator's permit expires at the end of the 21st day following the day on which the temporary operator's permit came into effect; a notice
of suspension is served on a person under subsection (2)(c), the suspension, with respect to the surrendered operator's licence, takes effect immediately on
the expiration of the temporary operator's permit issued in respect of the surrendered operator's licence;
(c) a notice of suspension is served on a person under subsection (2)(d), the suspension, with respect to the surrendered temporary
operator's permit, takes effect immediately on the service of the notice;
(d) a notice of disqualification is served on a person under subsection (2)(e),
(i) that person is immediately disqualified from driving a motor vehicle in Alberta, but that disqualification temporarily ceases to have effect at the end of
24 hours from the time that the notice of disqualification was served on that person, and that person is, at the end of the 21st day following the day on which the
disqualification temporarily ceased to have effect under subclause (i), once again disqualified from driving a motor vehicle in Alberta;
(e) a notice of disqualification is served on a person under subsection (2)(f), the disqualification takes effect immediately on the service
of the notice.
(4) A temporary operator's permit, during the period of time that it is in effect, stands in the place of the surrendered operator's licence and is subject to
the same terms and conditions as those to which the surrendered operator's licence was subject.
(5) A suspension or disqualification that comes into effect under subsection (3)(b), (d) or (e) is in
effect, unless otherwise directed by the Board pursuant to an appeal under section 39, until the end of the 3-month period that commences on the day that the
suspension or disqualification takes effect. 4(6) Notwithstanding subsection (5), where a peace officer on reasonable and probable grounds
believes that the alcohol-related driving of a motor vehicle by a person has caused bodily harm to or the death of another person, a suspension or disqualification that comes
into effect under subsection (3)(b), (d) or (e) is in effect, unless otherwise directed by the Board pursuant to an appeal
under section 39, until the end of the 6-month period that commences on the day that the suspension or disqualification takes effect.
(6.1) For the purposes of subsections (5) and (6), a disqualification referred to in subsection (3)(d) is
deemed to come into effect when the disqualification once again comes into effect under subsection (3)(d)(ii).
(7) Notwithstanding that a person refuses or fails
(a) to accept from a peace officer service of a notice of suspension or a notice of disqualification, that notice is deemed to have been served at the time
that the peace officer attempted to serve that notice on that person;
(b) to surrender an operator's licence or a temporary operator's permit, that refusal or failure does not prevent the suspension or disqualification from
taking effect; to accept service of a notice of suspension or a notice of disqualification, that refusal or failure does not prevent the suspension or disqualification from
taking effect.
top of page
24-hour disqualification re alcohol or drug
s. 89 (1) If a peace officer reasonably suspects that the driver of a motor vehicle has consumed alcohol or otherwise introduced into the driver's body any
alcohol, drug or other substance in such a quantity so as to affect the driver's physical or mental ability, the peace officer may require the driver to surrender the driver's
operator's licence to the peace officer.
(2) On being required by a peace officer to surrender the driver's operator's licence under subsection (1), the driver
(a) is disqualified from driving a motor vehicle in Alberta, and
(b) shall forthwith surrender the driver's operator's licence, if the driver is the holder of an operator's licence, to the peace officer.
(3) The refusal or other failure of a driver to surrender an operator's licence under subsection (2) does not prevent the disqualification
from driving from taking effect.
(4) A disqualification from driving arising pursuant to this section terminates at the end of 24 hours from the time that the disqualification came into
effect.
(5) Notwithstanding subsection (4), if the disqualification from driving arises in respect of the use of alcohol and the driver voluntarily,
(a) at a place designated by the peace officer, undergoes a test the purpose of which is to show the proportion of alcohol in the driver's blood, and the
result of that test indicates that the proportion of alcohol in the driver's blood does not exceed 80 milligrams of alcohol in 100 millilitres of blood, or
(b) produces to the peace officer a certificate signed by a physician stating that the driver's blood, as tested by the physician after the commencement of
the
disqualification from driving, did not contain more than 80 milligrams of alcohol in 100 millilitres of blood, the peace officer shall forthwith return the operator's licence,
if any, to the driver and the disqualification from driving is terminated.
(6) With respect to a driver of a vehicle, this section does not apply to a case arising out of the circumstances described in subsection (1)
(a) when a peace officer decides to lay an information against the driver alleging that the driver has, in contravention of the Criminal Code (Canada),
committed any offence
(i) involving the actual driving of a motor vehicle by the driver, and
(ii) involving
(A) the condition of the driver or the amount of alcohol in the driver's blood, as the case may be, resulting from the consumption by the driver of alcohol,
or
(B) the condition of the driver resulting from the introduction by the driver into the driver's body of any drug or other substance, or
(b) where the driver's operator's licence is suspended or the driver is disqualified from driving a motor vehicle under section 88.
top of page
One-month suspension re novice driver
s. 90 (1) In this section,
(a) "approved screening device" means a device that is designed to ascertain the presence of alcohol in a person's blood and that is
(i) an approved screening device within the meaning of section 254 of the Criminal Code (Canada), or
(ii) approved under this Act by the Lieutenant Governor in Council to be used for the purposes of this section;
(b) "notice of suspension" means a notice of suspension referred to in subsection (4);
(c) "novice driver" means a person who holds a novice operator's licence;
(d) "novice operator's licence" means an operator's licence classified as a learner's operator's licence or a probationary operator's licence;
(e) "peace officer" means a police officer as defined in section 1 of the Police Act;
(f) "temporary novice operator's permit" means a temporary novice operator's permit issued under subsection (4).
(2) If a peace officer reasonably suspects that the driver of a motor vehicle who is a novice driver, having consumed alcohol, drove the motor vehicle, the
peace officer may require that the novice driver forthwith provide a breath sample into an approved screening device.
(3) On being required to provide a breath sample under subsection (2), the novice driver must provide a breath sample forthwith.
(4) Where a novice driver
(a) provides a breath sample under subsection (3) and the breath sample registers a result on the approved screening device that indicates
the presence of alcohol in that driver's blood, or
(b) without a reasonable excuse fails or refuses to provide a breath sample when required to do so by a peace officer under subsection (2),
the peace officer shall, on behalf of the Registrar,
(c) in the case of a person who holds a novice operator's licence,
(i) require that person to surrender to the peace officer that novice operator's licence and issue to that person a temporary novice operator's permit, and
(ii) serve on that person a notice of suspension of that person's novice operator's licence;
(d) in the case of a person who holds a temporary novice operator's permit,
(i) require that person to surrender to the peace officer that temporary novice operator's permit, and
(ii) serve on that person a notice of suspension of that temporary novice operator's permit.
(5) Where
(a) a person's novice operator's licence is surrendered and a temporary novice operator's permit is issued under subsection (4)(c),
(i) that person is immediately disqualified from driving a motor vehicle in Alberta and remains so disqualified until the temporary novice operator's permit
comes into effect,
(ii) the temporary novice operator's permit comes into effect at the expiration of 24 hours from the time that the disqualification referred to in subclause
(i) came into effect, and
(iii) the temporary novice operator's permit expires at the end of the 7th day following the day on which the temporary novice operator's permit came into
effect;
(b) a notice of suspension is served on a person under subsection (4)(c), the suspension, with respect to the surrendered novice operator's
licence, takes effect immediately on the expiration of the temporary novice operator's permit issued in respect of the surrendered novice operator's licence;
(c) a notice of suspension is served on a person under subsection (4)(d), the suspension, with respect to the surrendered temporary novice
operator's permit, takes effect immediately on the service of the notice.
(6) A temporary novice operator's permit, during the period of time that it is in effect, stands in the place of the surrendered novice operator's licence and
is subject to the same terms and conditions as those to which the surrendered novice operator's licence was subject.
(7) A suspension that comes into effect under subsection (5)(b) is in effect, unless otherwise directed by the Board pursuant to an appeal
under section 39.1, until the end of the one-month period that commences on the day that the suspension takes effect.
(8) Notwithstanding that a person refuses or fails
(a) to accept from a peace officer service of a notice of suspension, that notice is deemed to have been served at the time that the peace officer attempted
to serve that notice on that person;
(b) to surrender a novice operator's licence or a temporary novice operator's permit, that refusal or failure does not prevent the suspension from taking
effect;
(c) to accept service of a notice of suspension, that refusal or failure does not prevent the suspension or disqualification from taking effect.
(9) With respect to a driver of a vehicle, this section does not apply to a case arising out of the circumstances described in subsection (2)
(a) when a peace officer decides to lay an information against the driver alleging that the driver has, in contravention of the Criminal Code (Canada),
committed any offence
(i) involving the actual driving of a motor vehicle by the driver, and
(ii) involving
(A) the condition of the driver or the amount of alcohol in the driver's blood, as the case may be, resulting from the consumption by the driver of alcohol,
or
(B) the condition of the driver resulting from the introduction by the driver into the driver's body of any drug or other substance, or
(b) where the driver's operator's licence is suspended or the driver is disqualified from driving a motor vehicle under section 88.
top of page
Disqualification, etc. by Registrar
s. 91 (1) The Registrar may disqualify a person from driving a motor vehicle in Alberta or cancel or suspend the certificate of registration issued for a
person's motor vehicle, or both disqualify a person from driving a motor vehicle and cancel or suspend the certificate of registration issued for the person's motor vehicle,
(a) if that person contravenes this Act or the Fuel Tax Act;
(b) if the Registrar is not satisfied as to the competency of that person;
(c) if the Registrar is satisfied that the person is not qualified or does not have the ability to operate a motor vehicle;
(d) for any other reason appearing to the Registrar to be sufficient.
(2) If a person who is not a resident of Alberta is found guilty of contravening section 65, 68, 69, 71 or 76, the regulations governing accident reports, Division 2 of Part 5, section 166, 176 or 188 or the regulations governing the destruction of non-repairable vehicles, the Registrar
(a) may disqualify that person from driving a motor vehicle in Alberta until the fine or penalty imposed has been satisfied, and
(b) may notify the proper authorities of the jurisdiction where the person resides of the finding of guilt and of the non-satisfaction of the fine or penalty
imposed.
(3) The Registrar shall not under subsection (1) disqualify a person from driving a motor vehicle or cancel or suspend a certificate of
registration issued for a motor vehicle without giving that person at least 15 days'
written notice of the disqualification, cancellation or suspension and giving that person an opportunity to make representations in respect of the matter.
(4) Notwithstanding that a 15-day notice period is prescribed in subsection (3), if the Registrar is of the opinion that the safety of a
person referred to in subsection (1) or the public is in jeopardy with respect to the operation of a motor vehicle, the Registrar may take action under
subsection
(1) effective at the time of giving the notice to the person in respect of whom the action is being taken.
(5) Where the Registrar disqualifies a person from driving a motor vehicle under this section, the Registrar may prescribe any terms or conditions in respect
of that disqualification that the Registrar considers appropriate in the circumstances.
top of page
Removal of requirements disqualification
s. 92 (1) If under this Act or by an order or judgment made under this or any other Act a person is disqualified from driving a motor vehicle in Alberta, or
the person's licence was suspended or cancelled, the disqualification, suspension or cancellation remains in effect notwithstanding that the period of disqualification,
suspension or cancellation has expired until the Registrar removes the disqualification, suspension or cancellation.
(2) For the purpose of satisfying the Registrar as to a person's competency to drive a motor vehicle without endangering the safety of the general public, the
Registrar may as a condition of removing the disqualification, suspension or cancellation referred to in subsection (1) require that person to do one or more
of the following at any time before or after the removal of the disqualification, suspension or cancellation:
(a) attend interviews conducted by or on behalf of the Registrar;
(b) take and successfully complete training, educational or rehabilitation programs or courses as required by the Registrar;
(c) provide to the Registrar medical and other reports prepared by physicians and other health care providers;
(d) take and successfully complete any examinations or other tests as may be required by the Registrar.
top of page
Exceptions, etc.
s. 93 (1) Notwithstanding that a person is disqualified from driving a motor vehicle in Alberta, that person may, subject to subsection (2),
operate implements of husbandry or industrial equipment that is
(a) designed primarily for agricultural use, construction, maintenance, land clearing, ditching or other related tasks, and
(b) not required to be licensed under this Act, unless that person is disqualified under the Criminal Code (Canada) from operating a motor vehicle.
(2) If, for medical reasons, a person is disqualified from driving a motor vehicle under this Act, the Registrar may also disqualify that person from driving
implements of husbandry or industrial equipment of the kind referred to in subsection (1).
(3) Notwithstanding that a person is disqualified from driving a motor vehicle in Alberta, a person may operate a vehicle, on any terms or conditions the
Registrar may prescribe, while engaged in any course of remedial education or treatment under section 31.
top of page
Prohibition re driving while unauthorized
s. 94 (1) For the purposes of this section, a person is an unauthorized driver if
(a) that person's operator's licence is suspended or cancelled under this Act,
(b) that person is disqualified from driving a motor vehicle in Alberta,
(c) that person's licence or permit to operate a motor vehicle in a jurisdiction outside Alberta is suspended or cancelled, or
(d) that person's privilege to secure a licence or permit to operate a motor vehicle in a jurisdiction outside Alberta is suspended or cancelled.
(2) A person shall not drive a motor vehicle on a highway at any time during which that person is an unauthorized driver.
top of page
Punishment re driving while disqualified
s. 95 (1) A person who is guilty of contravening section 94 is liable
(a) for a first offence to a fine of not more than $2000 and in default of payment to a term of imprisonment of not less than 14 days nor more than 6 months,
and
(b) for each subsequent offence committed within one year after the commission of the offence referred to in clause (a), to imprisonment for
a term of not less than 14 days nor more than 6 months.
(2) Subject to section 98, a person who is guilty of contravening section 94 is disqualified from driving a motor vehicle in
Alberta for a period of 6 months from the day of the finding of guilt.
top of page
Suspension continues after licence expires
s. 96 (1) If a person's operator's licence is suspended or cancelled under this Act, the suspension or cancellation continues in effect notwithstanding the
expiration of the licence during the period of the suspension or cancellation.
(2) If a person's operator's licence is suspended or cancelled under this Act, the suspension or cancellation operates to suspend or cancel any operator's
licence held by that person during the period of suspension or cancellation, whether or not so stated in the suspension or cancellation.
top of page
Extended period of disqualification
s. 97 Notwithstanding anything in this Act, where
(a) a person is found guilty of an offence under
(i) the Criminal Code (Canada) anywhere in Canada, or
(ii) the National Defence Act (Canada) anywhere in or out of Canada,
in respect of the conviction referred to in clause (a), that person is prohibited from operating a motor vehicle, and
(c) the period of prohibition is for a period of time that is greater than the period of disqualification from driving provided for under this Act, that
person is, on the coming into effect of the prohibition, disqualified from driving a motor vehicle in Alberta during the period that the prohibition is in effect.
top of page
Disqualifications to run consecutively
s. 98 Where
(a) a person is disqualified from driving a motor vehicle in Alberta, and
(b) during the period of disqualification referred to in clause (a), that person is disqualified from driving a motor vehicle in Alberta
under section
94 or anywhere in Canada under section 259 of the Criminal Code (Canada), that 2nd mentioned disqualification referred to in clause
(b) shall run consecutively to any previous disqualification that is still in effect or waiting to go into effect, as the case may be.
top of page
Setting aside suspension, etc. re demerit points
s. 99 Where a person's operator's licence is, by reason of the accumulation of demerit points, suspended or cancelled, the Registrar may, on the application
by that person, review the matter and if the Registrar considers it appropriate set aside the operation of the suspension or cancellation and reinstate that person's
operator's licence subject to any terms or conditions imposed by the Registrar.
top of page
|
