C-24.2 - Highway Safety Code

Section 76.1.6 Disposition versions

2019-11-25

76.1.6. When the offence for which a cancellation or suspension is incurred is an alcohol- or drug-related offence, having a high blood alcohol concentration level or failing or refusing to comply with a peace officer’s demand in connection with alcohol or drugs and if, during the 10 years before the cancellation or suspension, the person incurred one or more cancellations or suspensions for any of those offences, the new licence and every subsequent licence issued to the person during the person’s lifetime is subject to the condition of driving a road vehicle equipped with an alcohol ignition interlock device approved by the Société.

However, in the case of a second licence cancellation or suspension, the person may, at the expiry of a 10-year period during which the person’s licence is subject to the condition of driving a vehicle equipped with an alcohol ignition interlock device, apply to the Court of Québec, civil practice chamber, to have the condition lifted, the onus being on the person to establish that the person’s relationship with alcohol or drugs does not compromise the safe operation of a road vehicle.

When computing the period referred to in the second paragraph, any time during which the person was not authorized to drive a road vehicle, whether because the person did not hold a licence or the person’s licence was subject to a sanction, must be disregarded.

2007, c. 40, s. 12; 2010, c. 34, s. 10; 2018, c. 7, s. 18; 2018, c. 19, s. 29.

2018-12-18

76.1.6. The new licence and every subsequent licence issued to the person during the person’s life is subject to driving a road vehicle mandatorily equipped with an alcohol ignition interlock device approved by the Société if the cancellation or suspension was incurred

(1)  for an alcohol-related offence and, during the 10 years before the cancellation or suspension, the person incurred

(a)  more than one cancellation or suspension for an alcohol-related offence; or

(b)  both a cancellation or suspension for an alcohol-related offence and a cancellation or suspension for having a high blood alcohol concentration level or for refusing to provide a breath sample; or

(2)  for having a high blood alcohol concentration level or for refusing to provide a breath sample and, during the 10 years before the cancellation or suspension, the person incurred

(a)  more than one cancellation or suspension for an alcohol-related offence; or

(b)  a cancellation or suspension for having a high blood alcohol concentration level or for refusing to provide a breath sample.

2007, c. 40, s. 12; 2010, c. 34, s. 10.

See transitional provisions, S.Q. 2018, c. 19, s. 73.

2012-06-30

76.1.6. The new licence and every subsequent licence issued to the person during the person’s life is subject to driving a road vehicle mandatorily equipped with an alcohol ignition interlock device approved by the Société if the cancellation or suspension was incurred

(1)  for an alcohol-related offence and, during the 10 years before the cancellation or suspension, the person incurred

(a)  more than one cancellation or suspension for an alcohol-related offence; or

(b)  both a cancellation or suspension for an alcohol-related offence and a cancellation or suspension for having a high blood alcohol concentration level or for refusing to provide a breath sample; or

(2)  for having a high blood alcohol concentration level or for refusing to provide a breath sample and, during the 10 years before the cancellation or suspension, the person incurred

(a)  more than one cancellation or suspension for an alcohol-related offence; or

(b)  a cancellation or suspension for having a high blood alcohol concentration level or for refusing to provide a breath sample.

2007, c. 40, s. 12; 2010, c. 34, s. 10.

2009-12-06

76.1.6. When the offence for which a cancellation or suspension is incurred is refusing to provide a breath sample or is an alcohol-related offence and the person’s blood alcohol concentration level at the time of the offence exceeded 160 mg in 100 ml of blood, the new licence and every subsequent licence issued to the person during the person’s life is subject to the person driving a road vehicle mandatorily equipped with an alcohol ignition interlock device approved by the Société 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 and the person’s blood alcohol concentration level at the time of the offence exceeded 160 mg of alcohol in 100 ml of blood.

2007, c. 40, s. 12.