121. No order directing that a restricted licence be issued may be given nor any restricted licence issued if(1) within the two years preceding the cancellation giving rise to the application for a restricted licence, the applicant’s driver’s licence was cancelled or his right to obtain a licence was suspended following a conviction for an offence against any of the provisions of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) referred to in section 180 or following the accumulation of demerit points, unless a pardon was obtained;
(2) at the time of its cancellation, the applicant’s licence was suspended;
(3) at the time of presentation of the motion, the applicant’s licence is cancelled following a conviction for an offence against any of the provisions of the Criminal Code referred to in section 180 or if the applicant’s right to obtain a licence is suspended following the commission of an offence against the provisions of the Criminal Code referred to in section 180 or as a result of the accumulation of demerit points;
(4) at the time of presentation of the motion, the applicant’s right to obtain a licence is under a suspension as a result of the accumulation of demerit points which has not yet taken effect;
(5) a restricted licence would authorize the driving of a road vehicle that the applicant’s licence did not authorize him to drive;
(6) the reason invoked to obtain a restricted licence is related to the business of transportation by taxi and, at the time of presentation of the motion, the class of the applicant’s licence authorizing the driving of a taxi is cancelled or his right to obtain a licence of that class is suspended following a conviction for an indictable offence related to the business of transportation by taxi;
(7) the licence cancelled is a learner’s licence.