Provincial Offender Programs & Penalties (Comparision Table)

 

Alberta

British Columbia

Manitoba

New Brunswick

Newfoundland & Labrador

Nova Scotia

Northwest Territories

Nunavut

Quebec

Ontario

Prince Edward Island

Saskatchewan

Yukon

Fatalities

2006 – 167
2007 – 170
2008 – 152
2009 – 145
2010 – 139

2006 – 143
2007 – 150
2008 – 125
2009 – 121
2010 – 121

2006 – 45
2007 – 46
2008 – 44
2009 – 34
2010 – 37

2006 – 30
2007 – 35
2008 – 26
2009 – 26
2010 – 40

2006 – 11
2007 – 18
2008 – 21
2009 – 6
2010 – 9

2006 – 30
2007 – 35
2008 – 17
2009 – 25
2010 – 18

2006 – N/A
2007 – N/A
2008 – N/A
2009 – N/A
2010 – N/A

2006 – N/A
2007 – N/A
2008 – N/A
2009 – N/A
2010 – N/A

2006 – 175
2007 – 111
2008 – 130
2009 – 109
2010 – 120

2006 – 232
2007 – 232
2008 – 183
2009 – 169
2010 – 181

2006 -14
2007 – 4
2008 – 9
2009 – 6
2010 – 1

2006 – 49
2007 – 54
2008 – 74
2009 – 63
2010 – 68

2006 – 5
2007 – 2
2008 – 3
2009 – 2
2010 – 3

Drivers in serious injury alcohol-related crashes

2006 – 954
2007 – 795
2008 – 737
2009 – 660
2010 – 641

2006 – 716
2007 – 723
2008 – 633
2009 – 597
2010 – 494

2006 – 91
2007 - 103
2008 – 68
2009 – 85
2010 – 63

2006 – 89
2007 – 85
2008 – 78
2009 – 80
2010 - 85

2006 – 29
2007 – 29
2008 – 28
2009 – N/A
2010 – N/A

2006 – 83
2007 – 88
2008 – 58
2009 – 73
2010 – 77

2006 – 7
2007 – 4
2008 – 5
2009 – 2
2010 – 3

2006 – 3
2007 – 1
2008 – 0
2009 – 0
2010 – 0

2006 – 741
2007 – 584
2008 – 508
2009 – 515
2010 – 531

2006 – 759
2007 – 763
2008 – 654
2009 – 556
2010 – 477

2006 – 18
2007 – 15
2008 – 8
2009 – 18
2010 – 13

2006 – 136
2007 – 151
2008 – 180
2009 – 146
2010 – 142

2006 – 6
2007 – 10
2008 – 5
2009 – 11
2010 – 11

Legislation

Traffic Safety Act, R.S.A., 2001, c. T-6, s. 83-90
http://www.canlii.org/en/ab/laws/stat/rsa-2000-c-t-6/latest/rsa-2000-c-t-6.html

Motor Vehicle Act, R.S.B.C., 1996, c. 318, s. 215
http://www.bclaws.ca/EPLibraries/bclaws_new/
document/ID/freeside/96318_07

Highway Traffic Act, S.M., c. H-60, s. 265
http://web2.gov.mb.ca/laws/statutes/archive/2013-08-07/h060e.php?df=2013-05-01

Motor Vehicle Act, R.S.N.B., c. M-17, s. 310
http://www.canlii.org/en/nb/laws/stat/rsnb-1973-c-m-17/latest/rsnb-1973-c-m-17.html

Highway Traffic Act, R.S.N.L., 1990, c. H-3, s. 60
http://www.canlii.org/en/nl/laws/stat/rsnl-1990-c-h-3/latest/rsnl-1990-c-h-3.html#60

Motor Vehicle Act, R.S.N.S., 1989, c. 293, s. 279
http://www.canlii.org/en/ns/laws/stat/rsns-1989-c-293/77588/rsns-1989-c-293.html#history

Motor Vehicles Act, S.N.W.T., c. M-16, s. 116
http://www.canlii.org/en/nu/laws/stat/rsnwt-nu-1988-c-m-16/latest/rsnwt-nu-1988-c-m-16.html

Has yet to pass a Motor Vehicle Act; utilizes the law from the Northwest Territories:

Motor Vehicles Act, S.N.W.T., c. M-16, s. 116
http://www.canlii.org/en/nu/laws/stat/rsnwt-nu-1988-c-m-16/latest/rsnwt-nu-1988-c-m-16.html

Highway Safety Code, R.S.Q., c. 24.2, s. 202.1-202.8

http://www.canlii.org/en/qc/laws/stat/rsq-c-c-24.2/latest/rsq-c-c-24.2.html

Highway Traffic Act, R.S.O., 1990, c. H-8, s. 48
http://www.elaws.gov.on.ca/html/statutes/
english/elaws_statutes_90h08_e.htm#BK87

Highway Traffic Act, R.S.P.E.I., c. H-5, s. 277.1
http://www.canlii.org/en/pe/laws/stat/rspei-1988-c-h-5/latest/rspei-1988-c-h-5.html

Highway Traffic Act, S.S., c. H-3.1, s. 91
http://www.canlii.org/en/sk/laws/stat/ss-1986-c-h-3.1/latest/ss-1986-c-h-3.1.html

Motor Vehicles Act, R.S.Y., c. 153, s. 256-257
http://www.gov.yk.ca/legislation/acts/move.pdf

Blood alcohol concentration limit

Criminal: 0.08%
Administrative: 0.05%

Criminal: 0.08%
Administrative: 0.05%

Criminal: 0.08%
Administrative: 0.05%

Criminal: 0.08%
Administrative: 0.05%

Criminal: 0.08%
Administrative: 0.05%

Criminal: 0.08%
Administrative: 0.05%

Criminal: 0.08%
Administrative: 0.05%

Criminal: 0.08%
Administrative: 0.06%

Criminal: 0.08%
Administrative: 0.05%

Criminal: 0.08%
Administrative: 0.05%

Criminal: 0.08%
Administrative: 0.05%

Criminal: 0.08%
Administrative: 0.04%

Criminal: 0.08%
Administrative: 0.08%

Provincial administration licence suspension

1st Offence: 12 months
2nd Offence: 36 months
3rd Offence: 60 months

1st Offence: 12 months
2nd Offence: 36 months
3rd Offence: indefinite

1st Offence: 12 months
2nd Offence: 60 months
3rd Offence: 120 months -indefinite

1st Offence: 12 months
2nd Offence: 36 months
3rd Offence: 60 months

1st Offence: 12 months (120 months for causing bodily harm)
2nd Offence: 36 months (120 months for causing bodily harm)
3rd Offence: 60 months – lifetime (for 4th conviction or causing death)

1st Offence: 12 months
2nd Offence: 36 months
3rd Offence: indefinite

1st Offence: 12 months
2nd Offence: 36 months
3rd Offence: 60 months

1st Offence: 12 months
2nd Offence: 36 months
3rd Offence: 60 months

1st offence: 12-36 months
2nd offence: 36-60 months
3rd+ offence: 60 months

1st Offence: 12 months
2nd Offence: 36 months
3rd Offence: lifetime

1st Offence: 12 months
2nd Offence: 36 months
3rd Offence: 60 months

1st Offence: 12 months
2nd Offence: 36 months
3rd Offence: 60 months

1st Offence: 12 months
2nd Offence: 36 months
3rd Offence: indefinite

Remedial program

Alberta’s remedial programs are overseen by the Alberta Motor Association (AMA) who delivers them on behalf of the Alberta Transportation Safety Board (ATSB). Upon being convicted of impaired driving, both first and repeat offenders are required to complete an education program in order to have their licence reinstated. First offenders are required to complete ‘Planning Ahead’ and repeat offenders are required to complete ‘IMPACT’.

In British Columbia, the Responsible Driver Program (RDP) is offered to offenders convicted of impaired driving. Drivers with criminal impaired driving convictions and drivers who have multiple Motor Vehicle Act drinking driving prohibitions are eligible to participate. The Superintendent of the Office of Motor Vehicles sends a letter to all offenders who are required to complete the program; for many offenders licence reinstatement is conditional on successful completion of the program.

In Manitoba, all offenders convicted of impaired driving must be assessed and complete one of three programs offered by the Addictions Foundation of Manitoba (AFM). These include an education program, a high-risk program, and treatment. The cost associated with these programs is $625.

New Brunswick has two different remedial programs for individuals convicted of impaired driving. Both of these programs are focused on preventing recidivism by assisting offenders in making lifestyle changes and their completion is a requirement of licence reinstatement.

In Newfoundland, all offenders convicted of impaired driving are required to complete the ‘Think First’ Program offered by Safety Services Newfoundland as a condition of licence reinstatement. Repeat offenders are required to undergo an assessment for alcohol and drug dependency. If this assessment indicates that a problem is present, these offenders will also be required to complete an alcohol and drug rehabilitation program. 

In Nova Scotia, all offenders convicted of impaired driving (for both alcohol and drugs) are required to undergo an assessment for alcohol/drug dependency and participate in the Driving While Impaired (DWI) program. This program is overseen by Addiction Services of Nova Scotia and costs approximately $415. Participation in the program is required by provincial law and licence reinstatement is conditional on successful completion. The entire program can take up to a year to complete as it includes an individual assessment, group education sessions, and possibly individual counseling.

Northwest Territories does not currently have a mandated remedial program in place for impaired drivers. However, the ministry of transportation states that convicted individuals may be required to complete: a driver improvement program; an alcohol dependency awareness program; an alcohol treatment program; or, any other condition the Registrar considers appropriate. Nunavut does not have a remedial program in place.

All offenders convicted of impaired driving in Quebec are required to undergo an assessment. A more comprehensive assessment must be completed by all repeat offenders (as well as first offenders who have an unfavourable initial assessment) to determine whether or not their alcohol consumption levels are too excessive to safely operate a motor vehicle. Following the assessment, offenders are required to complete an education course as a condition of licence reinstatement.

The driver education program, Alcofrein, is administered by the Societe de l’Assurance Automobile du Quebec (SAAQ). The program aims to raise awareness and prevent future incidences of impaired driving. During the course, the focus is on:

  • the legal, social, and personal consequences of impaired driving;
  • the effects of alcohol consumption on the body; and,
  • dispelling myths and misconceptions about alcohol consumption and impaired driving.
The Alcofrein session lasts for approximately three hours and costs $150. Upon successful completion, the offender will be eligible for full licence reinstatement.
All drivers convicted of a drinking and driving offence in Ontario must complete the remedial measures program prior to reinstatement. The Back on Track (BOT) program is administered by the Centre for Addiction and Mental Health (CAMH) and costs $578 for the full program. All offenders convicted of impaired driving in Prince Edward Island are required to complete a Driver Rehabilitation Course (DRC) administered by the Highway Safety Division (HSD) of the Department of Transportation and Infrastructure Renewal. The course is comprised a six hour educational program surrounding drinking and driving and the effects of alcohol. Completion of the course is required as a condition of licence reinstatement.

Every offender convicted of impaired driving in Saskatchewan is required to complete an addiction screening with a drug and alcohol counsellor. If the screening shows no dependency issues, the offender will then be required to complete the Drive Without Impairment (DWI) program. The program is administered by the SGI (Saskatchewan Government Insurance) Driver Licensing and Vehicle Registration and the cost is $150.

As of December 2012, all individuals convicted of an impaired driving offence must complete the Information and Motivation for Positive Action and Choices Today (IMPACT) program in order to apply to have their licence reinstated.

Alcohol interlock program authority

Alberta Transportation Safety Board Office of Superintendent of Motor Vehicles Manitoba Public Insurance Alcohol and Drug Program Department of Public Safety Registrar of Motor Vehicles Service of Nova Scotia and Municipal Relations Registrar of the Motor Vehicles Act Nunavut does not have an alcohol interlock program in place Societe de l’assurance Automobile Quebec (SAAQ) Ontario Ministry of Transportation Prince Edward Island Department of Transportation and Infrastructure Renewal Saskatchewan Government Insurance Yukon Highways and Public Works

Eligibility

Mandatory for all individuals convicted of an impaired driving offence under the Criminal Code of Canada (CCC) in Alberta. Optional prohibition for:criminal offenders; administrative prohibitions; 90-day Immediate Roadside Prohibitions (IRP); 30-day Immediate Roadside Prohibitions (IRP); and, after three 24-hour prohibitions.

Mandatory for all individuals convicted of impaired driving offences once their driving suspension has expired.

Conditional voluntary participation for those currently serving a driver’s licence suspension due to an impaired driving conviction or a Tiered Administrative Licence Suspension.

Offenders can reduce the prohibition period and qualify for program entry if:

  • the court ordered minimum mandatory prohibition period has been served;
  • all other outstanding fines have been paid; and,
  • the Auto Control Education program has been completed
First and repeat offenders can volunteer for the program after serving the minimum court-ordered prohibition. First offenders that are assessed as having low or medium risk by Addiction Services may participate on a voluntary basis. Repeat offenders and first offenders assessed as having high risk must participate as having high risk must participate  Voluntary program to apply for shortened driving prohibition. N/A

First offenders can volunteer to participate in the program after serving 3 months of their hard suspension; their participation will become mandatory if the assessment reveals high risk.

Participation is mandatory for repeat offenders following the completion of their hard suspension.
Mandatory for all offenders convicted of an impaired driving offence or suspended for registering a blood alcohol concentration (BAC) of 0.05 to 0.08 three or more times in a five year period. Reduced suspension is available to those convicted of a first time offence under the Criminal Code of Canada who meet certain requirements. Mandatory requirement for the reinstatement of a driver’s licence after a drinking and driving conviction. Voluntary after minimum period of driving prohibition for both first and repeat offenders. First and repeat offenders can volunteer for the program after serving the minimum court-ordered prohibition. They can also be mandated by Driver Control Board to participate.

Length of participation

Minimum of 1 year

1st Offence: 1 year
2nd Offence: 2 years
3rd or subsequent offence: 3years

1st and 2nd conviction: 1 year
3rd conviction: 3 years
4th conviction: lifetime use

1st Offence: 9 months
2nd Offence: 30 months
3rd or subsequent offence: 48 months

1st Offence: minimum of 9 months
2nd Offence or subsequent offence: minimum of 30 months

1st offence (low or medium risk): minimum 9 months
1st offence (high risk): 1 year
2nd  offence: min. 2 years
3rd offence: min. 3 years

Length of participation in the program is determined by the number of previous convictions, likelihood of recidivism, and completion of an alcohol treatment program. To complete the program, one must have a clean monitoring record for a minimum of 3 months. N/A

1st offence: dependent on the outcome of summary assessment and blood alcohol concentration at the time of arrest (0-2 years)
2nd offence: 2 years, 3 years, or lifetime use dependent on risk assessment and blood alcohol concentration at the time of arrest.
3rd offence: mandatory for life

1st Offence: 1 year
2nd Offence: 2 years
3rd or subsequent offence: lifetime

1st offence: 1 year
2nd offence: 2 years
3rd and subsequent offences:  5 years

*longer participation if the offence committed with a passenger under the age of 16 in the vehicle.

1st Offence: 1 year
2nd Offence: 2 years
3rd or subsequent offence: 3 years

Minimum 1 year

Monitoring agency

Alberta Transportation Safety Board Office of Superintendent of Motor Vehicles Division of Driver and Vehicle Licensing Department of Public Safety in conjunction with the alcohol interlock service providers Registrar of Motor Vehicles with assistance from the alcohol interlock service provider who provides the needed information for review. Completed by representatives of the RMV and Addictions Services with assistance from the alcohol Northwest Territories Department of Transportation N/A SAAQ with assistance from the alcohol interlock service provider who provides the needed information for review. Ontario Ministry of Transportation Highway Safety Division Saskatchewan Government Insurance Driver Control Board

Sanctions for non-compliance

Violations can lead to a warning, a notice to attend an inquiry with the Board, and an extension or revocation from the alcohol interlock program Violations can lead to extended time in the program or removal of persistent non-compliance. Violations can lead to an extension of program participation, removing the offender from the program, and reinstatement of the hard licence suspension. Tampering can result in fines or periods of imprisonment. Violations can lead to removal from the program, fines, or an extension of program participation. Violations can lead to an extension of program participation. Driving a non-interlocked vehicle or tampering can result in fines. Violations can lead to program extensions or removal from the program. Possible extension of time required to complete the program. Serious violations may results in removal from the program. Possible fines may also apply. N/A Violations can lead to the removal of the offender from the program and the revocation of their licence. Violations can lead to an extension of program participation. Driving a non-interlocked vehicle or tampering with the device can result in fines. Violations can lead to fines, licence revocation, or removal from the program Violations can lead ot an extension of the program participation or removal of the offender from the alcohol interlock program. Violation can lead to warning, extensions of program participation, and removal from the program (which results in an indefinite licence suspension).

Contact

Alberta Transportation Safety Board
4999 98 Avenue
Edmonton, Alberta T6B 2X3
Telephone: (780)427-7178

Office of the Superintendent of Motor Vehicles
Email:  osmv.mailbox@gov.bc.ca
Phone:  (8:30 a.m. - 4:30 p.m. Monday to Friday) 250-387-7747 or toll-free: 1-855-387-7747

Manitoba Public Insurance:Manitoba Public Insurance
Box 6300
Winnipeg, MB R3C 4A4
In Winnipeg: 204-985-7000
Outside Winnipeg, Toll-free: 1-800-665-2410

New Brunswick Department of Transportation and Infrastructure
Reception : (506) 453-3939 
Fax : (506) 453-2900 
Email: Transportation.Web@gnb.ca

Service NL
P.O. Box 8700
St. John’s, NL A1B 4J6
Email: servicenlinfo@gov.nl.ca
Phone: (709)729-4834

Nova Scotia Department of Transportation and Infrastructure Renewal
Phone: (902)424-0532
Email: tpwpaff@gov.ns.ca

Driver and Motor Vehicle (DMV) Services
4510 50 Avenue
P.O. Box 1320
Yellowknife, NT X1A 2L9
PH: 867-873-7972

N/A

Societe de l’Assurance Automobile Quebec
P.O. Box 19600, Terminus
333, boulevard Jean-Lesage
Quebec G1K 8J6
Phone: 1-800-361-7620

Back on Track
33 Russell Street,
Toronto, ON
M5S2S1
Phone: 1-888-814-5831
Email: info@remedial.net

Transportation and Public Works
Highway Safety Division
PO Box 2000
Charlottetown, PE C1A 7N8
Tel: (902) 368-5210

Saskatchewan Government Insurance
Phone: 1-800-667-9868
Email:sgiinquiries@sgi.sk.ca

Driver Control Board
dcb@gov.yk.ca
Phone: (867) 667-3774

Last updated February 2014