PART IV LICENCES
Administrative suspension of licence for blood alcohol concentration above .08, failing or refusing to provide breath sample
48.3 (1) Where a police officer is satisfied that a person driving or having the care, charge or control of a motor vehicle or operating or having the care or control of a vessel meets one of the criteria set out in subsection (3), the officer shall request that the person surrender his or her driver’s licence.  2009, c. 5, s. 19 (1). 90-day licence suspension (2) Upon a request being made under subsection (1), the person to whom the request is made shall forthwith surrender his or her driver’s licence to the police officer and, whether or not the person is unable or fails to surrender the licence to the police officer, his or her driver’s licence is suspended for 90 days from the time the request is made.  2009, c. 5, s. 19 (1). (2.1) Repealed:  2009, c. 5, s. 19 (1). Criteria (3) The criteria for the purpose of subsection (1) are: 1.  The person is shown, by an analysis of breath or blood taken pursuant to a demand made under section 320.28 of the Criminal Code (Canada) or pursuant to judicial authorization under the Criminal Code (Canada), to have a concentration of alcohol in his or her blood of 80 milligrams or more in 100 millilitres of blood. 2.  The person failed or refused, in response to a demand made under section 320.27 or 320.28 of the Criminal Code
(Canada), i.  to provide a sample of breath, blood, oral fluid or urine, ii.  to perform physical co-ordination tests, or iii.  to submit to an evaluation.  2009, c. 5, s. 19 (1); 2019, c. 8, Sched. 1, s. 1, 18 (1); 2021, c. 26, Sched. 1, s. 4. No right to be heard (3.1) A person has no right to be heard before the suspension of a driver’s licence under this section. 2015, c. 14, s. 13 (1). Duties of officer (4) Every police officer who asks for the surrender of a licence under this section shall, (a)  notify the Registrar of that fact, or cause the Registrar to be so notified, in the form and manner and within the time required by the Registrar; (b)  keep a record of the licence received with the name and address of the person and the date and time of the suspension; (c)  provide the licensee with a written statement of the time from which the suspension takes effect, the period of time for which the licence is suspended and the place where the licence may be recovered; and (d)  forward to the Registrar such other material or information as may be prescribed by the regulations. 2015, c. 14, s. 13 (2). Notice by Registrar (5) The Registrar may provide a notice of suspension, containing the information included on the notice of suspension required by subsection (4), to the person whose licence is suspended by mailing it to the address of the person shown on his or her driver’s licence or to the latest address for the person appearing on the records of the Ministry.  2009, c. 5, s. 19 (1). Same (6) Where the officer is unable to request that a person surrender his or her driver’s licence under subsection (1), the officer shall notify the Registrar of that fact and the Registrar shall mail a notice of suspension, containing the information included on the notice of suspension required by subsection (4), to the person whose licence is suspended by mailing it to the address of the person shown on his or her driver’s licence or to the latest address for the person appearing on the records of the Ministry.  2009, c. 5, s. 19 (1). Effective date of suspension (7) Despite subsection (2), the driver’s licence of a person who is notified of the suspension under subsection (6) is suspended from the date set out in the notice.  2009, c. 5, s. 19 (1). Suspension concurrent with other administrative suspensions (7.1) The licence suspension under this section runs concurrently with a suspension, if any, under section 48, 48.0.1, 48.0.2, 48.0.3, 48.0.4, 48.1, 48.2.1, 48.2.2, or 48.3.1.  2009, c. 5, s. 19 (1); 2015, c. 14, s. 13 (3); 2017, c. 26, Sched. 4, s. 12. (8) Repealed:  2008, c. 17, s. 39 (2). (9) Repealed: 2015, c. 14, s. 13 (4). Intent of suspension (10) The suspension of a driver’s licence under this section is intended to safeguard the public and does not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time.  1996, c. 20, s. 8. Removal of vehicle (11) If the motor vehicle of a person whose licence is suspended under this section is at a location from which, in the opinion of a police officer, it should be removed and there is no person available who may lawfully remove the vehicle, the officer may remove and store the vehicle or cause it to be removed and stored, in which case the officer shall notify the person of the location of the storage.  1996, c. 20, s. 8. Cost of removal (12) Where a police officer obtains assistance for the removal and storage of a motor vehicle under this section, the costs incurred in moving and storing the vehicle are a lien on the vehicle that may be enforced under the Repair and Storage Liens Act by the person who moved or stored the vehicle at the request of the officer.  1996, c. 20, s. 8. (13), (14) Repealed: 2015, c. 14, s. 13 (4). Regulations (15) The Lieutenant Governor in Council may make regulations prescribing other material or information to be forwarded to the Registrar under clause (4) (d). 2015, c. 14, s. 13 (5). Definitions (16) In this section and in section 50.1, “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 street car and a motorized snow vehicle; (“véhicule automobile”) “vessel” means a vessel within the meaning of section 320.11 of the Criminal Code (Canada). (“bateau”)  1996, c. 20, s. 8; 2006, c. 20, s. 4 (2); 2019, c. 8, Sched. 1, s. 18 (2). Meaning of suspension for out-of-province licences (17) With respect to a driver’s licence issued by another jurisdiction, instead of the person’s driver’s licence being suspended, the person’s privilege to drive a motor vehicle in Ontario is suspended for a period of 90 days, and this section and section 53 apply to the suspension of that privilege with necessary modifications. 2015, c. 14, s. 13 (6). Section Amendments with date in force (d/m/y) 1996, c. 20, s. 8 - 29/11/1996; 1997, c. 12, s. 3 (1, 2) - 01/08/1997 2006, c. 20, s. 4 (1, 2) - 22/06/2006 2007, c. 13, s. 13
- 01/05/2009 2008, c. 17, s. 39 (1-3)
- 06/03/2009 2009, c. 5, s. 19 (1, 2) - 01/07/2011 2015, c. 14, s. 13 (1-6)
- 02/10/2016 2017, c. 26, Sched. 4, s. 12 - 01/07/2018 2019, c. 8, Sched. 1, s. 1, 18 (1, 2) - 01/12/2020 2021, c. 26, Sched. 1, s. 4 - 03/06/2021 Long-term administrative licence suspension for drug or drug and alcohol impairment