C-24.2 - Highway Safety Code

Section 191.2 Disposition versions

2012-04-15

191.2. If the number of demerit points entered in the file of a person who holds a learner’s licence, probationary licence, moped licence or farm tractor licence is equal to or greater than the number prescribed by regulation under paragraph 9.3 of section 619, the Société cancels the licence, or suspends the person’s right to obtain a licence the person does not hold, if the person

(1)  is the holder of a learner’s licence without being or having been the holder of a driver’s licence;

(2)  is the holder of a probationary licence;

(3)  has been the holder of a moped licence or farm tractor licence for less than five years; or

(4)  is the holder of a restricted licence issued following the cancellation of a probationary licence.

If the person has held a moped or farm tractor licence only, the person may not claim, for the purposes of subparagraph 1 of the first paragraph, to have been the holder of a driver’s licence.

The suspension provided for in the first paragraph also applies to a person who has never been the holder of a driver’s licence or who has held a moped or farm tractor licence only for less than five years.

If a person is the holder of a learner’s licence or probationary licence, the person may not invoke, to elude the application of the first paragraph, the fact of having been the holder of a moped or farm tractor licence for five or more years.

If the number of demerit points entered in the person’s record is equal to or greater than the number prescribed by regulation but less than twice that number, no licence may be issued to the person

(1)  before three or six months have elapsed, depending on whether the person incurred no three-month cancellation or suspension or one three-month cancellation or suspension under this section during the two years before the cancellation or suspension under the first paragraph; or

(2)  before 12 months have elapsed if the person incurred one six- or 12-month cancellation or suspension or more than one cancellation or suspension under this section during the two years before the cancellation or suspension under the first paragraph.

If the number of demerit points entered in the person’s record is equal to or greater than twice the number prescribed by regulation but less than three times that number, no licence may be issued to the person before six or 12 months have elapsed, depending on whether the person incurred no cancellation or suspension or one or more cancellations or suspensions under this section during the two years before the cancellation or suspension under the first paragraph.

If the total number of demerit points entered in the person’s record is equal to or greater than three times the number prescribed by regulation, no licence may be issued to the person before 12 months have elapsed.

For the purposes of this section, the two-year period before the cancellation or suspension includes the day the sanction is imposed.

1990, c. 83, s. 81; 1996, c. 56, s. 58; 2007, c. 40, s. 31; 2010, c. 34, s. 102.

2011-06-19

191.2. If the number of demerit points entered in the record of a person who is subject to the prohibition under section 202.2 is equal to or greater than the number prescribed by regulation under paragraph 9.3 of section 619, the Société cancels the person’s learner licence, probationary licence, moped licence or farm tractor licence held by the person, or suspends the person’s right to obtain such a licence.

If the number of demerit points entered in the person’s record is equal to or greater than the number prescribed by regulation but less than twice that number, no licence may be issued to the person

(1)  before three or six months have elapsed, depending on whether the person incurred no three-month cancellation or suspension or one three-month cancellation or suspension under this section during the two years before the cancellation or suspension under the first paragraph; or

(2)  before 12 months have elapsed if the person incurred one six- or 12-month cancellation or suspension or more than one cancellation or suspension under this section during the two years before the cancellation or suspension under the first paragraph.

If the number of demerit points entered in the person’s record is equal to or greater than twice the number prescribed by regulation but less than three times that number, no licence may be issued to the person before six or 12 months have elapsed, depending on whether the person incurred no cancellation or suspension or one or more cancellations or suspensions under this section during the two years before the cancellation or suspension under the first paragraph.

If the total number of demerit points entered in the person’s record is equal to or greater than three times the number prescribed by regulation, no licence may be issued to the person before 12 months have elapsed.

For the purposes of this section, the two-year period before the cancellation or suspension includes the day the sanction is imposed.

1990, c. 83, s. 81; 1996, c. 56, s. 58; 2007, c. 40, s. 31.

1997-06-30

191.2. From the time the number of demerit points entered in the record of a person who has never held a driver’s licence or of a person subject to the prohibition set out in section 202.2 equals or exceeds the limit prescribed by a regulation made under paragraph 9.3 of section 619, the Société must suspend, for a period of three months, that person’s learner’s licence, probationary licence or licence authorizing the driving only of a moped, and suspend the person’s right to obtain such a licence for the same period.

1990, c. 83, s. 81; 1996, c. 56, s. 58.

1991-11-14

191.2. From the time the number of demerit points entered in the record of a person who has never held a driver’s licence or who holds a licence authorizing him to drive a moped equals or exceeds the limit prescribed by a regulation made under paragraph 9.3 of section 619, the Société must suspend, for a period of three months, that person’s learner’s licence and his licence to drive a moped or his probationary licence or, if he does not hold a licence to drive a moped, a learner’s licence or a probationary licence, suspend his right to obtain such a licence.

1990, c. 83, s. 81.