Driving Prohibition Orders
| This page was last substantively updated or reviewed January 2019. (Rev. # 96431) |
General Principles
- Mandatory prohibition order
320.24 (1) If an offender is found guilty of an offence under subsection 320.14(1) [impaired operation] or 320.15(1) [refusal to provide a sample], the court that sentences the offender shall, in addition to any other punishment that may be imposed for that offence, make an order prohibiting the offender from operating the type of conveyance in question during a period to be determined in accordance with subsection (2) [mandatory prohibition order – period].
[omitted (2)]
- Discretionary order of prohibition — low blood drug concentration
(3) If an offender is found guilty of an offence under subsection 320.14(4) [operation with low blood drug concentration], the court that sentences the offender may, in addition to any other punishment that may be imposed for that offence, make an order prohibiting the offender from operating the type of conveyance in question during a period of not more than one year.
- Discretionary order of prohibition — other offences
(4) If an offender is found guilty of an offence under section 320.13 [dangerous operation, including causing bodily harm or death], subsection 320.14(2) [impaired operation causing bodily harm] or (3) [impaired operation causing death], 320.15(2) [refusal where collision results in bodily harm] or (3) [refusal where collision results in death] or under any of sections 320.16 to 320.18 , the court that sentences the offender may, in addition to any other punishment that may be imposed for that offence, make an order prohibiting the offender from operating the type of conveyance in question during a period to be determined in accordance with subsection (5) [discretionary prohibition order – period].
[omitted (5)]
- Effect of order
(5.1) Subject to subsection (9) [prohibition order – consecutive periods], a prohibition order takes effect on the day that it is made.
- Obligation of court
(6) A court that makes a prohibition order under this section shall cause the order to be read by or to the offender or a copy of the order to be given to the offender.
- Validity of prohibition order not affected
(7) A failure to comply with subsection (6) [prohibition order – court obligation] does not affect the validity of the prohibition order.
- Application — public place
(8) A prohibition order in respect of a motor vehicle applies only to its operation on a street, road or highway or in any other public place.
[omitted (9) and (10)]
2018, c. 21, s. 15.
[annotation(s) added]
Duration
320.24
[omitted (1)]
- Prohibition period
(2) The prohibition period is
- (a) for a first offence, not less than one year and not more than three years, plus the entire period to which the offender is sentenced to imprisonment;
- (b) for a second offence, not less than two years and not more than 10 years, plus the entire period to which the offender is sentenced to imprisonment; and
- (c) for each subsequent offence, not less than three years, plus the entire period to which the offender is sentenced to imprisonment.
[omitted (3) and (4)]
- Prohibition period
(5) The prohibition period is
- (a) if the offender is liable to imprisonment for life in respect of that offence, of any duration that the court considers appropriate, plus the entire period to which the offender is sentenced to imprisonment;
- (b) if the offender is liable to imprisonment for more than five years but less than life in respect of that offence, not more than 10 years, plus the entire period to which the offender is sentenced to imprisonment; and
- (c) in any other case, not more than three years, plus the entire period to which the offender is sentenced to imprisonment.
[omitted (5.1), (6), (7) and (8)]
- Consecutive prohibition periods
(9) If the offender is, at the time of the commission of the offence, subject to an order made under this Act prohibiting the offender from operating a conveyance, a court that makes a prohibition order under this section that prohibits the offender from operating the same type of conveyance may order that the prohibition order be served consecutively to that order.
- Minimum absolute prohibition period
(10) A person may not be registered in an alcohol ignition interlock device program referred to in subsection 320.18(2) [operation while prohibited – exception] until the expiry of
- (a) in the case of a first offence, a period, if any, that may be fixed by order of the court;
- (b) in the case of a second offence, a period of three months after the day on which the sentence is imposed or any longer period that may be fixed by order of the court; and
- (c) in the case of a subsequent offence, a period of six months after the day on which the sentence is imposed or any longer period that may be fixed by order of the court.
2018, c. 21, s. 15.
[annotation(s) added]
- For convictions under 320.14(1) or 320.15(1)
| # of eligible convictions | Order Duration |
|---|---|
| first | 1-3 years |
| second | 2-10 years
|
| third or more | 3 or more
|
- For convictions under ss. 320.13, 320.14(2) or (3), 320.15(2) or (3) or ss. 320.16 to 320.18
| Max Penalty | Order Duration |
|---|---|
| Life | Any
|
| Not more than 10 years | 2-10 years
|
| Any other case | Not more than 3 years |
Appeal
- Stay of order pending appeal
320.25 (1) Subject to subsection (2) [stay of order pending appeal – supreme court of canada], if an appeal is taken against a conviction or sentence for an offence under any of sections 320.13 to 320.18 [all conveyance offences], a judge of the court to which the appeal is taken may direct that the prohibition order under section 320.24 [mandatory prohibition order] arising out of the conviction shall, on any conditions that the judge imposes, be stayed pending the final disposition of the appeal or until otherwise ordered by that court.
- Appeals to Supreme Court of Canada
(2) In the case of an appeal to the Supreme Court of Canada, a direction may be made only by a judge of the court from which the appeal was taken.
- Effect of conditions
(3) The imposition of conditions on a stay of a prohibition order does not operate to decrease the prohibition period provided in the prohibition order.
2018, c. 21, s. 15.
[annotation(s) added]