I-5 - Highway Victims Indemnity Act

Section 22 Disposition versions

1980-12-24

22. Upon receipt of a written notice to such effect, the Régie shall forthwith suspend for a period of three months the driver’s permit of any person convicted of an offence under any of sections 233 (1), 233 (2), 233 (4), 234, 235 (2) and 236 of the Criminal Code or, if the offence was committed with an automobile, any of sections 203, 204 and 219 of the same Code.

However, that person, immediately after the declaration finding him guilty or after the sentence, may obtain from the judge who rendered it, an order to the Régie to issue to him a restricted permit if he establishes, to the satisfaction of the judge, that he must drive an automobile in order to carry on his principal means of livelihood.

If that person has not, for a reasonable ground, the proof of which is incumbent on him, made his application at the time provided for in the second paragraph, he may still do so by applying, by way of a motion, to the same judge or to a judge of the same court; if that court does not sit in the district where the person intends to file his motion, it may then be filed with a judge of a civil court, except a municipal court.

The decision is final and without appeal.

The Régie, on receipt of the order, shall issue the restricted permit; the suspension provided for in the first paragraph is then extended to six months.

The restricted permit is issued or maintained only so far as the driver’s permit is not cancelled, suspended or not renewed for another cause.

R. S. 1964, c. 232, s. 22; 1976, c. 35, s. 27, s. 31; 1977, c. 68, s. 205; 1978, c. 76, s. 1; 1980, c. 38, s. 18.

The replacement of the second and third paragraphs of section 22 of this act by section 1 of chapter 76 of the statutes of 1978 also applies to an offence committed before 22 December 1978 if, on that date, there has been no ruling on an application for a recommendation to issue a restricted permit made in conformity with the second paragraph of section 22 of this act as enacted by section 205 of chapter 68 of the statutes of 1977. (1978, c. 76, s. 2).

1978-12-22

22. Upon receipt of a written notice to such effect, the director shall forthwith suspend for a period of three months the driver’s permit of any person convicted of an offence under any of sections 233 (1), 233 (2), 233 (4), 234, 235 (2) and 236 of the Criminal Code or, if the offence was committed with an automobile, any of sections 203, 204 and 219 of the same Code.

However, that person, immediately after the declaration finding him guilty or after the sentence, may obtain from the judge who rendered it, an order to the director to issue to him a restricted permit if he establishes, to the satisfaction of the judge, that he must drive an automobile in order to carry on his principal means of livelihood.

If that person has not, for a reasonable ground, the proof of which is incumbent on him, made his application at the time provided for in the second paragraph, he may still do so by applying, by way of a motion, to the same judge or to a judge of the same court; if that court does not sit in the district where the person intends to file his motion, it may then be filed with a judge of a civil court, except a municipal court.

The decision is final and without appeal.

The director, on receipt of the order, shall issue the restricted permit; the suspension provided for in the first paragraph is then extended to six months.

The restricted permit is issued or maintained only so far as the driver’s permit is not cancelled, suspended or not renewed for another cause.

R. S. 1964, c. 232, s. 22; 1976, c. 35, s. 27, s. 31; 1977, c. 68, s. 205; 1978, c. 76, s. 1.

The replacement of the second and third paragraphs of section 22 of this act by section 1 of chapter 76 of the statutes of 1978 also applies to an offence committed before 22 December 1978 if, on that date, there has been no ruling on an application for a recommendation to issue a restricted permit made in conformity with the second paragraph of section 22 of this act as enacted by section 205 of chapter 68 of the statutes of 1977. (1978, c. 76, s. 2).

1978-03-01

22. Upon receipt of a written notice to such effect, the director shall forthwith suspend for a period of three months the driver’s permit of any person convicted of an offence under any of sections 233 (1), 233(2), 233(4), 234, 235(2) and 236 of the Criminal Code or, if the offence was committed with an automobile, any of sections 203, 204 and 219 of the same Code.

However, when rendering a judgment finding a person guilty of an offence provided for in the preceding paragraph, the court, judge or magistrate may, when proof is made to its or his satisfaction that such person must drive an automobile for carrying on his principal means of livelihood, recommend to the director to issue a driver’s permit restricted to that purpose only.

When the director issues such a permit, the suspension provided for in the first paragraph is extended by six months.

R. S. 1964, c. 232, s. 22; 1976, c. 35, s. 27, s. 31; 1977, c. 68, s. 205.

1977-12-31

22. Upon receipt of a written notice to such effect, the director shall forthwith suspend the driver’s permit of any person convicted of an offence under:

(a)  section 84 or section 56 of the Highway Code (chapter C-24), if an accident results therefrom, or

(b)  any of sections 233 and 234 of the Criminal Code or, if the offence was committed with an automobile, any of sections 203, 204 and 219 of the same Code.

The same suspension shall be effected in the case of forfeiture of bail furnished upon arrest or summons for such offence or in the case of a similar conviction or forfeiture in another province, state or territory.

R. S. 1964, c. 232, s. 22; 1976, c. 35, s. 27, s. 31.