C-24.2 - Highway Safety Code

Section 76 Disposition versions

2018-12-18

76. Subject to section 76.1.1, no licence may be issued to a person whose licence has been cancelled or whose right to obtain a licence has been suspended following a conviction for an offence under the Criminal Code (R.S.C. 1985, c. C-46) listed in section 180 of this Code before a period of one, three or five years has elapsed since the date of the cancellation or suspension, depending on whether, during the 10 years before the cancellation or suspension, the person incurred no cancellation or suspension, one cancellation or suspension or two or more cancellations or suspensions under that section.

If the conviction is followed by an order prohibiting the offender from operating a road vehicle under Part VIII.1 of the Criminal Code on offences relating to conveyances for a longer period than the period applicable under the first paragraph, the period prescribed in the order is the applicable period.

1986, c. 91, s. 76; 1988, c. 68, s. 3; 1996, c. 56, s. 17; 2001, c. 29, s. 3; 2007, c. 40, s. 12; 2018, c. 19, s. 24.

2009-12-06

76. Subject to section 76.1.1, no licence may be issued to a person whose licence has been cancelled or whose right to obtain a licence has been suspended following a conviction for an offence under the Criminal Code (R.S.C. 1985, c. C-46) listed in section 180 of this Code before a period of one, three or five years has elapsed since the date of the cancellation or suspension, depending on whether, during the 10 years before the cancellation or suspension, the person incurred no cancellation or suspension, one cancellation or suspension or two or more cancellations or suspensions under that section.

If the conviction is followed by an order prohibiting the offender from operating a road vehicle under any of subsections 1, 2 and 3.1 to 3.4 of section 259 of the Criminal Code for a longer period than the period applicable under the first paragraph, the period prescribed in the order is the applicable period.

1986, c. 91, s. 76; 1988, c. 68, s. 3; 1996, c. 56, s. 17; 2001, c. 29, s. 3; 2007, c. 40, s. 12.

2002-04-21

76. No licence may be issued to a person whose licence has been cancelled or whose right to obtain a licence has been suspended following a conviction for an offence under section 180, until one, three or five years have elapsed since the date of the cancellation or suspension, according to whether, in the 10 years preceding the cancellation or suspension, the person incurred no cancellation or suspension, one cancellation or suspension, or more than one cancellation or suspension under that section.

Where a conviction is followed by an order prohibiting the driving of a road vehicle made under subsection 1 or 2 of section 259 of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) for a period that exceeds the period applicable under the first paragraph, the applicable period shall be equal to the period established in the order.

Upon the expiry of the order referred to in the second paragraph or as soon as permitted by the Criminal Code, a person whose licence has been cancelled or whose right to obtain a licence has been suspended following a conviction for an offence referred to in subparagraph 4 of the first paragraph of section 180 may be authorized to drive a road vehicle, under a restricted licence, if it is equipped with an alcohol ignition interlock device. The restricted licence is valid until the end of the period determined under the first paragraph.

If the offence giving rise to the cancellation or suspension is an offence referred to in subparagraph 4 of the first paragraph of section 180, the following additional conditions apply to the issue of a new licence:

(1)  if, during the 10 years preceding the cancellation or suspension, the person incurred no cancellation or suspension under subparagraph 4 of the first paragraph of section 180, the person must

(a)  successfully complete an educational program accredited by the Minister of Public Security that is designed to raise the awareness of drivers concerning alcohol and drug consumption problems;

(b)  establish, to the satisfaction of the Société, after undergoing a summary assessment by a duly authorized person working in a rehabilitation centre for alcoholic and other addicted persons or in a hospital centre offering rehabilitation services to such persons that the person’s relationship with alcohol or drugs does not compromise the safe operation of a road vehicle corresponding to the class of licence applied for. If the summary assessment is not conclusive, the person must satisfy that requirement on the basis of a comprehensive assessment;

(2)   if, during the 10 years preceding the cancellation or suspension, the person incurred one or more cancellation or suspension under subparagraph 4 of the first paragraph of section 180, the person must satisfy the requirement specified in subparagraph b of subparagraph 1 on the basis of a comprehensive assessment.

An assessment report must be submitted to the Société within the time it specifies.

If the restricted licence referred to in the third paragraph is expired and an assessment has not established to the satisfaction of the Société that the person’s relationship with alcohol or drugs does not compromise the safe operation of a road vehicle corresponding to the class of licence applied for, the Société may issue to the person, for the period it determines, a probationary licence or a driver’s licence authorizing the person to drive a road vehicle only if it is equipped with an alcohol ignition interlock device approved by the Société.

1986, c. 91, s. 76; 1988, c. 68, s. 3; 1996, c. 56, s. 17; 2001, c. 29, s. 3.

The Minister of Transport exercises the functions of the Minister of Public Security provided for in this section as regards any educational program designed to raise the awareness of drivers concerning alcohol and drug consumption problems. Order in Council 303-2007 dated 19 April 2007, (2007) 139 G.O. 2 (French), 1978.

1997-12-01

76. No licence may be issued to a person whose licence has been cancelled or whose right to obtain a licence has been suspended following a conviction for an offence referred to in section 180, until one, two or three years have elapsed since the date of the cancellation or suspension, according to whether, in the five years preceding the cancellation or suspension, the person incurred no cancellation or suspension, one cancellation or suspension, or more than one cancellation or suspension under that section.

Where a conviction is followed by an order prohibiting the driving of a road vehicle made under subsection 1 or 2 of section 259 of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) for a period that exceeds the period applicable under the first paragraph, the applicable period shall be the period established in the order.

If the offence giving rise to the cancellation or suspension is an offence referred to in subparagraph 4 of the first paragraph of section 180, the following additional conditions apply to the issue of a new licence:

(1)  where, during the five years preceding the cancellation or suspension, the person incurred no cancellation or suspension under subparagraph 4 of the first paragraph of section 180, the person must have successfully completed an educational program accredited by the Minister of Public Security, that is designed to promote drivers’ awareness of the problems related to alcohol or drug consumption;

(2)  where, during the five years preceding the cancellation or suspension, the person incurred one or more cancellation or suspension under subparagraph 4 of the first paragraph of section 180, the person must have undergone an assessment establishing, to the satisfaction of the Société, that the person’s behaviour in relation to alcohol or drug consumption is compatible with the safe operation of a road vehicle of the class applied for. The assessment must have been carried out by a duly authorized person working in a rehabilitation centre for persons suffering from alcoholism or drug addiction or in a hospital centre having a rehabilitation service for such persons. The person must submit the report of the assessment to the Société during the three months preceding the issue of the licence.

A person whose licence has been cancelled or whose right to obtain a licence has been suspended following a conviction for an offence referred to in subparagraph 4 of the first paragraph of section 180 may, once no longer subject to an order of prohibition from driving made under subsection 1 or 2 of section 259 of the Criminal Code, be authorized to drive a road vehicle under a restricted licence if the vehicle is equipped with a device, approved by the Société, that is designed to ascertain the presence of alcohol in the driver’s body and to prevent the vehicle from being started.

The holder of a restricted licence must, where so required by the Société, submit the data collected by the device. The Société shall establish the conditions for the use of the device; it must cancel the licence of a person who fails to comply with the conditions of use.

1986, c. 91, s. 76; 1988, c. 68, s. 3; 1996, c. 56, s. 17.

1988-12-12

76. A person whose licence has been cancelled or whose right to obtain a licence has been suspended following conviction for an offence against any of the provisions of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) listed in section 180 must, to obtain a licence, comply with the conditions and formalities established by regulation.

No licence may be issued to the person from the date his licence is cancelled or his right to obtain a licence is suspended until the lapse of a period of

(1)  one year if the person incurred no cancellation or suspension during the five years preceding that date;

(2)  two years if the person incurred only one cancellation or suspension during the five years preceding that date;

(3)  three years if the person incurred more than one cancellation or suspension during the five years preceding that date.

Notwithstanding the foregoing, the period shall not be less than that imposed by an order of prohibition to operate a motor vehicle made under subsection (1) or (2) of section 259 of the Criminal Code.

1986, c. 91, s. 76; 1988, c. 68, s. 3.

1987-12-01

76. A person whose licence has been cancelled or whose right to obtain a licence has been suspended following conviction for an offence against any of the provisions of the Criminal Code listed in section 180 must, to obtain a licence, comply with the conditions and formalities established by regulation.

No licence may be issued to the person from the date his licence is cancelled or his right to obtain a licence is suspended until the lapse of a period of

(1)  one year if the person incurred no cancellation or suspension during the five years preceding that date;

(2)  two years if the person incurred only one cancellation or suspension during the five years preceding that date;

(3)  three years if the person incurred more than one cancellation or suspension during the five years preceding that date.

Notwithstanding the foregoing, the period shall not be less than that imposed by an order of prohibition to operate a motor vehicle made under subsection 1 or 2 of section 242 of the Criminal Code (Revised Statutes of Canada, 1970, chapter C-34).

1986, c. 91, s. 76.