PART IV LICENCES
Short-term administrative licence suspension for presence of drug
48.0.2 (1) Where a novice driver driving or having the care, charge or control of a motor vehicle has complied with a demand under section 320.27 or 320.28 of the Criminal Code (Canada) to provide a sample of oral fluid which, on analysis by approved drug screening equipment, indicates that the novice driver has a drug in his or her body, the police officer shall request the novice driver to surrender his or her driver’s licence. 2017, c. 26, Sched. 4, s. 8; 2019, c. 8, Sched. 1, s. 1. Licence suspension (2) Upon a request being made under subsection (1), the novice driver to whom the request is made shall forthwith surrender his or her driver’s licence to the police officer and, whether or not the novice driver is unable or fails to surrender the licence to the police officer, his or her driver’s licence is suspended for, (a)  three days, in the case of a first suspension under this section; (b)  seven days, in the case of a second suspension under this section; and (c)  30 days, in the case of a third or subsequent suspension under this section. 2017, c. 26, Sched. 4, s. 8. Same (3) A previous suspension that took effect more than five years before the current suspension takes effect shall not be taken into account in determining whether the current suspension is a first, second or subsequent suspension for the purpose of subsection (2). 2017, c. 26, Sched. 4, s. 8. 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, 48.0.3, 48.0.4, 48.1, 48.2.1, 48.2.2, 48.3 or 48.3.1. 2017, c. 26, Sched. 4, s. 8. 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. 2017, c. 26, Sched. 4, s. 8. Application of s. 48.1 (6) Subsections 48.1 (9) to (12) and (13.1) to (15) apply to this section with necessary modifications. 2017, c. 26, Sched. 4, s. 8. Exception (7) Where a police officer is satisfied that a person driving or having the care, charge or control of a motor vehicle 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, the officer shall not request that the driver surrender his or her driver’s licence under subsection (1). 2017, c. 26, Sched. 4, s. 8. Definitions (8) In this section, “approved drug screening equipment” has the meaning prescribed by the regulations made under section 44.2; (“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 48.0.2 (8) of the Act is repealed and the following substituted: (See: 2019, c. 8, Sched. 1, s. 15) “approved drug screening equipment” has the same meaning as in section 44.2; (“matériel de détection des drogues approuvé”) “novice driver” has the meaning prescribed by the regulations made under section 57.1. (“conducteur débutant”) 2017, c. 26, Sched. 4, s. 8. Section Amendments with date in force (d/m/y) 2017, c. 26, Sched. 4, s. 8 - 01/07/2018 2019, c. 8, Sched. 1, s. 1 - 01/12/2020; 2019, c. 8, Sched. 1, s. 15 - not in force Short-term administrative licence suspension for presence of drug