PART IV LICENCES
Long-term administrative licence suspension for drug or drug and alcohol impairment
48.3.1 (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 the criteria set out in subsection (2), and where the officer reasonably believes, taking into account all of the circumstances, including the criteria set out in subsection (2), that the person’s ability to operate a motor vehicle or vessel is or, at the time the person was driving or having the care, charge or control of the motor vehicle or operating or having the care or control of the vessel, was impaired by a drug or by a combination of a drug and alcohol, the officer shall request that the person surrender his or her driver’s licence. 2015, c. 14, s. 14. Criteria (2) The criteria for the purpose of subsection (1) are the following: 1.  The person has been evaluated by an evaluating officer under subsection 320.28 (2) of the Criminal Code (Canada) in connection with the driving or the care, charge or control of a motor vehicle or with the operating or the care or control of a vessel. 2.  The person has performed or submitted to tests or examinations prescribed by regulation for the purpose of this section, if any, in connection with the driving or the care, charge or control of a motor vehicle or with the operating or the care or control of a vessel. 2015, c. 14, s. 14; 2019, c. 8, Sched. 1, s. 19 (1). 90-day licence suspension (3) 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. 2015, c. 14, s. 14. Suspension concurrent with other administrative suspensions (4) 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. 2015, c. 14, s. 14; 2017, c. 26, Sched. 4, s. 13. No right to be heard (5) A person has no right to be heard before the suspension of a driver’s licence under this section. 2015, c. 14, s. 14. Continuation or termination of short-term suspension based on evaluation (6) If an evaluating officer conducts an evaluation of a person under subsection 320.28 (2) of the Criminal Code (Canada), the evaluating officer’s determination as to whether the person’s ability to operate a motor vehicle or vessel is or, at the time the person was driving or having the care, charge or control of the motor vehicle or operating or having the care or control of the vessel for which the evaluation was conducted, was impaired by a drug or by a combination of a drug and alcohol, governs, and any suspension that was imposed under section 48.0.1 arising out of the same circumstances for which the evaluation was conducted is continued or terminates accordingly. 2015, c. 14, s. 14; 2019, c. 8, Sched. 1, s. 19 (2). Application of s. 48.3 (7) Subsections 48.3 (4) to (7), (10) to (12), (15) and (17) apply to this section with necessary modifications. 2015, c. 14, s. 14. Regulations (8) The Lieutenant Governor in Council may make regulations for the purpose of paragraph 2 of subsection (2) prescribing and governing tests and examinations described in or under the Criminal Code (Canada). 2015, c. 14, s. 14. Definitions (9) In this section, “driver’s licence” includes a motorized snow vehicle operator’s licence and a driver’s licence issued by any other jurisdiction; (“permis de conduire”) “evaluating officer” has the same meaning as in section 320.11 of the Criminal Code (Canada); (“agent évaluateur”) “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”) 2015, c. 14, s. 14; 2019, c. 8, Sched. 1, s. 19 (3, 4). Section Amendments with date in force (d/m/y) 2015, c. 14, s. 14
- 02/10/2016 2017, c. 26, Sched. 4, s. 13 - 01/07/2018 2019, c. 8, Sched. 1, s. 19 (1-4) - 01/12/2020