The Highway Traffic Act, C.C.S.M. c. H60

(a) as evidence in a prosecution for an alleged offence under this Act or an alleged offence under the Criminal Code (Canada) committed by means of, or in relation to, a motor vehicle or off-road vehicle; or

(b) for further investigation related to an offence under this Act or an alleged offence under the Criminal Code (Canada) committed by means of, or in relation to, a motor vehicle or off-road vehicle; or

(iii) subsection 320.18(1) of the Criminal Code (operation while prohibited);

(c) based on an analysis of the blood of a person who was driving the vehicle or had care or control of it, the peace officer reasonably believes that the concentration of drugs in the person's blood equals or exceeds the amount prescribed by regulation under the Criminal Code for the purpose of paragraph 320.14(1)(c) of the Code;

(d) based on an analysis of the blood of a person who was driving the vehicle or had care or control of it, the peace officer reasonably believes that the concentration of alcohol and drugs in the person's blood equals or exceeds the amount prescribed by regulation under the Criminal Code for the purpose of paragraph 320.14(1)(d) of the Code;

(e) a person who was driving the vehicle or had care or control of it failed or refused to comply, without a reasonable excuse, with a demand made under section 320.27 or 320.28 of the Criminal Code, or with the peace officer's instructions in respect of the demand;

(f) after a demand from the peace officer under subsection 320.27(1) or (2) of the Criminal Code, a person who was driving the vehicle or had care or control of it provides a sample of breath which, on analysis by means of a calibrated screening device, registers a WARN;

(g) after a demand from the peace officer under subsection 320.27(1) or (2) of the Criminal Code,

(ii) the peace officer does not make a demand of the person under section 320.28 of the Criminal Code following the FAIL; or

(ii) does not reasonably believe that the concentration of alcohol and drugs in the person's blood equals or exceeds the amount prescribed by regulation under the Criminal Code for the purpose of paragraph 320.14(1)(d) of the Code.

is eligible for, and consents to be dealt with by way of, a program of alternative measures authorized under clause 717(1)(a) of the Criminal Code (Canada).

242.3(2) A motor vehicle by means of which, or in relation to which, an offence under any of the following provisions of the Criminal Code is committed is liable to be forfeited to the government upon the commission of the offence:

(a) section 220 (criminal negligence causing death);

(b) section 221 (criminal negligence causing bodily harm);

(a) the offence is committed by means of, or in relation to, the motor vehicle under one or more of the following provisions of the Criminal Code:

247(1) The fact that a supplemental report has been made as required by section 159 is admissible in evidence solely to prove compliance with that section, and the supplemental report or any part thereof or any statement contained therein, is not admissible in evidence in any trial, civil or criminal arising out of the accident in respect of which the supplemental report was made.

"evaluation" means an evaluation within the meaning of section 320.28 of the Criminal Code consisting of the tests and following the procedures prescribed in the regulations made under section 320.38 of that Code. (« évaluation »)

"physical coordination test" has the same meaning as in section 320.27 of the Criminal Code. (« épreuve de coordination des mouvements »)

"prescribed amount", in respect of a drug or a combination of drugs or alcohol and drugs, means the amount prescribed for that drug or combination of drugs in the regulations made under section 320.38 of the Criminal Code. (« concentration réglementaire »)

Application of Criminal Code provisions

263.1(1.1) The following terms have the same meaning in this section and section 263.2 as they have in section 320.11 of the Criminal Code:

(b) based on an analysis of the blood of a person who was operating a conveyance, the peace officer reasonably believes that the concentration of drugs in the person's blood equals or exceeds the prescribed amount for the purpose of paragraph 320.14(1)(c) of the Criminal Code;

(c) based on an analysis of the blood of a person who was operating a conveyance, the peace officer reasonably believes that the concentration of alcohol and drugs in the person's blood equals or exceeds the prescribed amount for the purpose of paragraph 320.14(1)(d) of the Criminal Code;

(d) a person who was operating a conveyance failed or refused to comply, without a reasonable excuse, with a demand made under section 320.27 or 320.28 of the Criminal Code, or with the peace officer's instructions in respect of the demand;

(e) after a demand from the peace officer to perform a physical coordination test under paragraph 320.27(1)(a) of the Criminal Code, the peace officer believes that a person is unable to safely operate a conveyance based on the person's performance on the physical coordination test;

(f) after a demand from the peace officer under subsection 320.27(1) or (2) of the Criminal Code, a person provides a sample of breath which, on analysis by means of a calibrated screening device, registers a WARN;

(f.1) after a demand from the peace officer under subsection 320.27(1) or (2) of the Criminal Code,

(ii) the peace officer does not make a demand of the person under section 320.28 of the Criminal Code following the FAIL;

(ii) does not reasonably believe that the concentration of alcohol and drugs in the person's blood equals or exceeds the prescribed amount for the purpose of paragraph 320.14(1)(d) of the Criminal Code;

(g) after a demand from the peace officer under paragraph 320.27(1)(c) or 320.28(4)(a) of the Criminal Code,

(iii) the approved drug screening equipment detects the presence of a drug at a level specified to be detected by the equipment in the regulations under the Criminal Code; or

(h) after a demand to submit to an evaluation under paragraph 320.28(2)(a) of the Criminal Code, the following criteria are met:

(d) a copy of any certificate of analysis under section 320.32 of the Criminal Code with respect to the person.

(i) the refusal relates to a demand under subsection 320.27(1) or (2) of the Criminal Code to provide a sample of breath for analysis by means of an approved screening device, and

(ii) the person is not charged under section 320.15 of the Criminal Code in respect of the refusal; or

(c) a copy of any certificate of analysis under section 320.32 of the Criminal Code without proof of the identity and official character of the person appearing to have signed the certificate or that the copy is a true copy; and

(b) if the suspension and disqualification order was served based on the ground set out in clause 263.1(2)(b), whether the person operated a conveyance having consumed drugs in such a quantity that the concentration of drugs in the person's blood equalled or exceeded the prescribed amount for the purpose of paragraph 320.14(1)(c) of the Criminal Code;

(c) if the suspension and disqualification order was served based on the ground set out in clause 263.1(2)(c), whether the person operated a conveyance having consumed alcohol and drugs in such a quantity that the concentration of alcohol and drugs in the person's blood equalled or exceeded the prescribed amount for the purpose of paragraph 320.14(1)(d) of the Criminal Code;

(d) if the suspension and disqualification order was served based on the ground set out in clause 263.1(2)(d), whether the person who was operating the conveyance failed or refused to comply, without reasonable excuse, with a demand made under section 320.27 or 320.28 of the Criminal Code, or with the peace officer's instructions in respect of the demand;

(e) if the suspension and disqualification order was served based on the ground set out in clause 263.1(2)(e), whether the peace officer who made the demand to perform a physical coordination test under paragraph 320.27(1)(a) of the Criminal Code had reason to believe, based on the person's performance on the physical coordination test, that the person was unable to safely operate a conveyance;

(iii) whether the peace officer made a demand of the person under section 320.28 of the Criminal Code following the FAIL;

(ii) approved drug screening equipment used to analyze a sample of a bodily substance of the person detected the presence of a drug at a level specified to be detected by the equipment in the regulations under the Criminal Code;

(h) if the suspension and disqualification order was served based on the ground set out in clause 263.1(2)(h), whether the peace officer who made the demand to submit to an evaluation under paragraph 320.28(2)(a) of the Criminal Code, or who conducted an evaluation following such a demand, had reason to believe, based on the person's performance on the evaluation, that the person was unable to safely operate a conveyance;

(a) an offence committed by means of, or in relation to, a conveyance under any of the following provisions of the Criminal Code:

(a.2) an offence committed by means of, or in relation to, a motor vehicle under any of the following provisions of the Criminal Code:

(b) the offence of theft of motor vehicle parts committed under section 334 of the Criminal Code, if the value of the parts is $5,000. or less,

(b.1) the offence of possession of property obtained by crime committed under section 354 of the Criminal Code, if the property is motor vehicle parts, the value of which is $5,000. or less,

(b.2) an offence committed under section 355.2 or 355.4 (trafficking in property obtained by crime or possession of such property for trafficking) of the Criminal Code, if the property is

(c) the offence of being a passenger of a motor vehicle knowing it was taken without its owner's consent, committed under section 335 of the Criminal Code,

(a) an offence committed by means of, or in relation to, a conveyance under any of the following provisions of the Criminal Code:

(a.3) an offence committed by means of, or in relation to, a motor vehicle under any of the following provisions of the Criminal Code:

(i) section 220 (criminal negligence causing death),

(ii) section 221 (criminal negligence causing bodily harm),

(b) the offence of taking a motor vehicle without its owner's consent committed by a driver under section 335 of the Criminal Code,

(b.1) the offence of motor vehicle theft committed under section 333.1 of the Criminal Code,

(c) the offence of theft of motor vehicle parts committed under section 334 of the Criminal Code, if the value of the parts is more than $5,000,

(d) the offence of possession of property obtained by crime committed under section 354 of the Criminal Code, if the property is

(e) an offence committed under section 353.1 (tampering with vehicle identification number) of the Criminal Code,

(f) an offence committed under section 355.2 or 355.4 (trafficking in property obtained by crime or possession of such property for trafficking) of the Criminal Code, if the property is

"conveyance" has the same meaning as in section 320.11 of the Criminal Code; (« moyen de transport »)

"specified offence related to obtaining sexual services or procuring" means, subject to section 286.5 of the Criminal Code, any of the following offences under that Code if the offender drives a motor vehicle during the course of committing the offence:

(a) one offence under subsection 320.15(1) of the Criminal Code within the 10-year period, but no other offences, the length of suspension and disqualification shall be increased to two years; or

(b) two offences under subsection 320.15(1) of the Criminal Code within the 10-year period, but no other offences, the length of suspension and disqualification shall be increased to seven years.

264(1.2.1) If a person is convicted of an offence under subsection 320.14(4) of the Criminal Code, the person's licence is suspended, and the person is disqualified from holding a licence, for the following suspension and disqualification periods:

264(1.2.2) For the purpose of subsection (1.2.1), a conviction under paragraph 253(3)(b) of the Criminal Code as it read immediately before its repeal is to be counted in determining whether the person's conviction under subsection 320.14(4) is a first or subsequent conviction.

264(1.4) If a person pleads guilty or is found by the court to be guilty of having committed a Category A or Category B offence, or an offence described in subsection (1.2.1), and is discharged of the offence under section 730 of the Criminal Code or subsection 42(2) of the Youth Criminal Justice Act (Canada), the person is deemed to have been convicted of the offence for the purposes of this section.

264(9) If a stay is directed under subsection (8), the judge or judges of the court being appealed to shall cause a copy of the direction and any order made under section 320.25 of the Criminal Code to be sent to the registrar. After the registrar receives the direction, the operation of this section is stayed until the registrar receives notice as to the disposition of the appeal.

264(17) For greater certainty, this section applies to a person who is or was convicted of a Category A or B offence, as defined in subsection (1), whether the sentence or other disposition for the conviction is or was under the Criminal Code, the Controlled Drugs and Substances Act (Canada), the Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada).

265(1) In this section, "conveyance" and "operate" have the same meaning as in section 320.11 of the Criminal Code.

265(2) A peace officer must request a person to surrender his or her driver's licence if, in relation to the person's operation of a conveyance, the peace officer believes that the person is so impaired by alcohol or drugs as to be unable to comply with a demand under section 320.27 or 320.28 of the Criminal Code.

268(1) Where any person is convicted of an offence under any provision of this Act or the Criminal Code, and, by reason thereof, his licence is suspended under any provision of this Act, or by the convicting judge or justice pursuant to any provision of this Act, a judge or justice or the registrar may issue to the person convicted, in a form prescribed by the registrar, a permit authorizing him to drive a motor vehicle in the province during a period of 24 hours beginning at the time the permit is issued.

273.2.1(1) Subject to the notice requirements in subsections (2) and (3), the registrar may, where a person is in default in paying a fine or restitution order imposed under the Criminal Code, an administrative penalty owing under section 263.1.1 or a restitution order imposed under an Act of the Legislature,

"alternative measures" means alternative measures authorized under paragraph 717(1)(a) of the Criminal Code in relation to the specified offence; (« mesures de rechange »)

"specified offence" means any of the following offences under the Criminal Code:

"prescribed offence" means an offence under the Criminal Code (Canada) or the Controlled Drugs and Substances Act (Canada) that is prescribed in the regulations. (« infraction prescrite »)

279(21) When the subject of an appeal is a driver's licence and right to have a driver's licence that was suspended under section 264 for an offence under subsection 320.14(1), (2) or (3) or 320.15(1) of the Criminal Code, the appeal board shall not

279(24) The board may, on further application, remove some or all of the conditions or restrictions imposed by an order under subsection (20) if after a period of three years the appellant has not been convicted of any further offence under the Criminal Code (Canada), or this Act or The Drivers and Vehicles Act, making him or her liable to further suspension or disqualification.

279.1(1.1) If a person pleads guilty or is found by the court to be guilty of having committed an offence under subsection 320.14(1), (2) or (3) or section 320.15 of the Criminal Code and is discharged of the offence under section 730 of the Criminal Code or subsection 42(2) of the Youth Criminal Justice Act (Canada), the person is deemed to have been convicted of the offence for the purposes of this section.

(i) the refusal related to a demand under subsection 320.27(1) or (2) of the Criminal Code to provide a sample of breath for analysis by means of an approved screening device, and

(ii) the person was not charged under section 320.15 of the Criminal Code in respect of the refusal;

279.3(1) A person may apply to the appeal board for an order allowing the person to join the ignition-interlock program if the person needs to participate in the program to be eligible to drive a motor vehicle during a driving prohibition imposed on the person under the Criminal Code or the Youth Criminal Justice Act (Canada).

279.3(3) The appeal board must deal with and decide the application in the same manner as an appeal of a driver's licence suspension for an offence under section 320.14 or subsection 320.15(1) of the Criminal Code. Section 279 applies, with necessary changes, to an application under this section.

(ii) the Criminal Code,

(f) for the purpose of the definition "prescribed offence" in subsection 273.6(1), prescribing offences under the Criminal Code and the Controlled Drugs and Substances Act (Canada);

(c) have been convicted of an offence under the Criminal Code, whether the sentence or other disposition for the conviction is or was under the Criminal Code, the Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada);

(d) have been convicted of an offence in any province or territory of Canada, in any state of the United States or in the District of Columbia, or in any country or any political subdivision of a country with which the government has a subsisting arrangement or reciprocal agreement under subsection 31.1(1), the tenor of which the registrar deems to be analogous to an offence under this Act or the Criminal Code of Canada; or

(b) contained in a report about an offence under the Criminal Code for which the convicted person received a sentence or other disposition under the Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada);

(ii) the Criminal Code,