C-24.2 - Highway Safety Code

Section 76.1.2 Disposition versions

2019-11-25

76.1.2. When the offence for which a cancellation or suspension is incurred is an alcohol- or drug-related offence and if, during the 10 years before cancellation or suspension, the person incurred no cancellation or suspension for an alcohol- or drug-related offence, for having a high blood alcohol concentration level or for failing or refusing to comply with a peace officer’s demand in connection with alcohol or drugs, the person must, to obtain a new licence, establish by means of a summary assessment 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.

A person who fails a summary assessment must meet the requirement set out in the first paragraph by means of a comprehensive assessment.

A person who passes a summary assessment must, after paying the Société the related fees, successfully complete an education program accredited by the Minister of Transport that is designed to raise driver awareness about alcohol-and drug-related problems.

2007, c. 40, s. 12; 2018, c. 7, s. 13; 2018, c. 19, s. 27.

2018-12-18

76.1.2. When the offence for which a cancellation or suspension is incurred is an alcohol-related offence and section 76.1.4 does not apply, the person must, in order to obtain a new licence, establish 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 person must meet the requirement set out in the first paragraph

(1)  by means of a summary assessment if, during the 10 years before the cancellation or suspension, the person incurred no cancellation or suspension for refusing to provide a breath sample or for an alcohol-related offence; or

(2)  by means of a comprehensive assessment if, during the 10 years before the cancellation or suspension, the person incurred one or more cancellations or suspensions for refusing to provide a breath sample or for an alcohol-related offence.

A person who fails a summary assessment must meet the requirement set out in the first paragraph by means of a comprehensive assessment.

A person who passes a summary assessment must, after paying the Société the related fees, successfully complete an education program accredited by the Minister of Transport that is designed to raise driver awareness about alcohol-and drug-related problems.

2007, c. 40, s. 12.

See transitional provisions, S.Q. 2018, c. 19, s. 69.

2009-12-06

76.1.2. When the offence for which a cancellation or suspension is incurred is an alcohol-related offence and section 76.1.4 does not apply, the person must, in order to obtain a new licence, establish 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 person must meet the requirement set out in the first paragraph

(1)  by means of a summary assessment if, during the 10 years before the cancellation or suspension, the person incurred no cancellation or suspension for refusing to provide a breath sample or for an alcohol-related offence; or

(2)  by means of a comprehensive assessment if, during the 10 years before the cancellation or suspension, the person incurred one or more cancellations or suspensions for refusing to provide a breath sample or for an alcohol-related offence.

A person who fails a summary assessment must meet the requirement set out in the first paragraph by means of a comprehensive assessment.

A person who passes a summary assessment must, after paying the Société the related fees, successfully complete an education program accredited by the Minister of Transport that is designed to raise driver awareness about alcohol-and drug-related problems.

2007, c. 40, s. 12.