PART IV LICENCES
Condition on licence prohibiting presence of a drug
44.2 (1) It is a condition of the driver’s licence of every novice driver that there be no drug in his or her body, as indicated by approved drug screening equipment, while he or she is driving a motor vehicle on a highway. 2017, c. 26, Sched. 4, s. 5.  Young drivers (2) It is a condition of the driver’s licence of every young driver that there be no drug in his or her body, as indicated by approved drug screening equipment, while he or she is driving a motor vehicle on a highway. 2017, c. 26, Sched. 4, s. 5. Exception (3) Subsection (1) or (2), as the case may be, does not apply where a police officer is satisfied that the driver is legally authorized to use a drug or drugs for medical purposes, and has that drug or drugs in his or her body, as indicated by approved drug screening equipment. 2017, c. 26, Sched. 4, s. 5. Penalty, novice drivers (4) Every novice driver who contravenes the condition of his or her driver’s licence imposed under subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $60 and not more than $500. 2017, c. 26, Sched. 4, s. 5. Same (5) If a novice driver is convicted of an offence under subsection (4), the Registrar may suspend, cancel or change his or her driver’s licence in accordance with the regulations. 2017, c. 26, Sched. 4, s. 5. Same, young drivers (6) Every young driver who contravenes the condition of his or her driver’s licence imposed under subsection (2) is guilty of an offence and on conviction is liable to a fine of not less than $60 and not more than $500 and his or her driver’s licence is thereupon suspended for 30 days. 2017, c. 26, Sched. 4, s. 5. Intent of suspension (7) The suspension of a driver’s licence under this section is intended to ensure that novice drivers and young drivers acquire experience and develop or improve safe driving skills in controlled conditions and to safeguard the licensee and the public and does not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time. 2017, c. 26, Sched. 4, s. 5. Regulations (8) The Lieutenant Governor in Council may make regulations, (a)  governing the suspension or cancellation of drivers’ licences of novice drivers or the change in respect of their class for the purpose of subsection (5); (b)  defining “approved drug screening equipment” for the purposes of this section and sections 48.0.2, 48.0.3 and 48.0.4. 2017, c. 26, Sched. 4, s. 5. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 44.2 (8) of the Act is repealed and the following substituted: (See: 2019, c. 8, Sched. 1, s. 11 (1)) Regulations (8) The Lieutenant Governor in Council may make regulations governing the suspension or cancellation of drivers’ licences of novice drivers or the change in respect of their class for the purpose of subsection (5). 2019, c. 8, Sched. 1, s. 11 (1). Age of drivers (9) Any distinction described in this section based upon the age of a person applies despite the Human Rights Code. 2017, c. 26, Sched. 4, s. 5. Definitions (10) In this section, “approved drug screening equipment” has the meaning prescribed by the regulations; (“matériel de détection des drogues approuvé”) Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “approved drug screening equipment” in subsection 44.2 (10) of the Act is repealed and the following substituted: (See: 2019, c. 8, Sched. 1, s. 11 (2)) “approved drug screening equipment” means drug screening equipment that is designed to ascertain the presence of a drug in a person’s body and that is prescribed by or approved under the Criminal Code (Canada); (“matériel de détection des drogues approuvé”) “driver” includes a person who has care or control of a motor vehicle; (“conducteur”) “driver’s licence” includes a motorized snow vehicle operator’s licence and a driver’s licence issued by any other jurisdiction; (“permis de conduire”) “motor vehicle” includes a motorized snow vehicle; (“véhicule automobile”) “novice driver” has the meaning prescribed by the regulations made under section 57.1; (“conducteur débutant”) “young driver” means a driver who is under 22 years old. (“jeune conducteur”) 2017, c. 26, Sched. 4, s. 5. Section Amendments with date in force (d/m/y) 2017, c. 26, Sched. 4, s. 5 - 01/07/2018 2019, c. 8, Sched. 1, s. 11 (1, 2) - not in force