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Alcohol Ignition Interlock Program Regulations
made under subsection 67(13) of the
Motor Vehicle Act
R.S.N.S. 1989, c. 293
O.I.C. 2008-309 (June 3, 2008, effective September 30, 2008*), N.S. Reg. 298/2008
(*effective date amended by O.I.C. 2008-452 (August 27, 2008), N.S. Reg. 367/2008)
Citation
1 These regulations may be cited as the Alcohol Ignition Interlock Program Regulations.
Definitions
2 In these regulations,
(a) “Act” means the Motor Vehicle Act;
(b) “Addiction Services” means an Addiction Services office operated by a District Health Authority as defined in the Health Authorities Act;
(c) “alcohol rehabilitation program” means a program as defined in Section 2 of the Alcohol Rehabilitation Programs Regulations made under the Act, or an equivalent program from another jurisdiction recognized by the Registrar;
(d) “alcohol interlock device” means a breath alcohol screening device installed in a vehicle and intended to prevent the starting of the vehicle motor if it detects a blood alcohol concentration over a pre-set limit;
(e) “applicant” means a person who is applying to participate in the Program or be released from the Program;
(f) “approval sticker” means a sticker attached to an alcohol interlock device by an authorized person to identify the device as an approved device;
(g) “approved device” means an alcohol interlock device approved by the Registrar for use in the Program;
(h) “authorized person” means a person authorized by the Registrar to install, maintain, monitor and remove approved devices;
(i) “authorized service provider” means an entity approved by the Minister to provide approved devices, authorized persons and Program support;
(j) “Criminal Code” means the Criminal Code (Canada);
(k) “equipped vehicle” means a motor vehicle that is equipped with an approved device under the Program;
(l) “high-risk first offender” means a person whose driver’s license or privilege of obtaining a driver’s license has been revoked for the first time under subsection 67(6A) of the Act and who is considered to be high risk when assessed under an alcohol rehabilitation program;
(m) “interlock license” means a driver’s license issued by the Registrar to operate an equipped vehicle under the Program;
(n) “participant” means a person who has been accepted or ordered into the Program and issued an interlock license;
(o) “Program” means the Alcohol Ignition Interlock Program established under Section 3;
(p) “regular license”, except in the definition of “interlock license”, means a driver’s license other than an interlock license, or the privilege of obtaining a driver’s license other than an interlock license;
(q) “revocation period” means the applicable mandatory period set under subsection 67(5) of the Act during which a person’s regular license is revoked;
(r) “second revocation” means second revocation as defined in subsections 67(6A) or (7A) of the Act;
(s) “third revocation” means a subsequent revocation as defined in subsections 67(6A) or (7A) of the Act in which their driver’s license or privilege of obtaining a driver’s license is being revoked for the third time.
Alcohol ignition interlock program established
3 The Alcohol Ignition Interlock Program administered by the Registrar is established as an ignition interlock program for the purposes of subsection 67(13) and Section 280A of the Act, and provides for eligible persons to operate equipped vehicles under the conditions of an interlock license, the Program, and these regulations while their regular license is revoked for an alcohol-related offence under the Criminal Code or when ordered to participate in the Program.
Mandatory and voluntary participation in Program
4 (1) A person whose regular license is revoked for the first time for a violation of section 253 or subsection 254(5) of the Criminal Code may apply to participate in the Program.
(2) The following persons must participate in the Program before they can apply to have their regular license restored:
(a) a high-risk first offender;
(b) a person who has had a second revocation or third revocation of their driver’s license or privilege of obtaining a driver’s license for a violation of any of the following provisions of the Criminal Code:
(i) section 253,
(ii) subsection 254(5), or
(iii) subsection 259(4), if the disqualification, as defined in subsection 259(5) of the Criminal Code, was for an alcohol-related offence;
(c) a person whose driver’s license or privilege of obtaining a driver’s license is revoked for a violation of section 253 of the Criminal Code causing bodily harm or death as a result of operating a motor vehicle resulting in a conviction under subsection 255(2) or (3) of the Criminal Code;
(d) a person ordered to participate in the Program under Section 280A of the Act.
Eligibility for Program
5 (1) A person described in Section 4 may apply to the Registrar to participate in the Program during their revocation period if they meet all of the following criteria:
(a) they are no longer prohibited from operating a motor vehicle under section 259 of the Criminal Code because 1 of the following applies:
(i) the court-ordered prohibition period under subsection 259(1) of the Criminal Code has expired,
(ii) they are authorized by the court under subsection 259(1.1) of the Criminal Code to operate an equipped vehicle during the court-ordered prohibition period and the mandatory prohibition period fixed by the court under subsection 259(1.2) of the Criminal Code has expired;
(b) they are not otherwise prohibited or otherwise disqualified from driving under another provision of the Act or a law of another jurisdiction;
(c) they meet all other criteria for issuance of a regular license under the Act and regulations made under the Act.
(2) A person is not eligible to apply to participate in the Program until after their revocation period has expired if the person’s driver’s license or privilege of obtaining a driver’s license was revoked for a violation of section 253 of the Criminal Code causing bodily harm or death as a result of operating a motor vehicle resulting in a conviction under subsection 255(2) or 255(3) of the Criminal Code.
Form of application for participation
6 An application for participation in the Program may be made by submitting all of the following to the Registrar in the manner required by the Registrar:
(a) a completed Program participation application form prescribed by the Registrar;
(b) the interlock license fee set by the Minister;
(c) documentation demonstrating satisfactory participation in an alcohol rehabilitation program.
Review of application by Registrar
7 (1) The Registrar may consider any applicant for participation in the Program who meets the eligibility requirements in Section 5 and who submits an application in accordance with Section 6.
(2) The Registrar must review each application for participation and must consider the following factors when deciding whether to accept an applicant into the Program:
(a) the applicant’s driving history, especially in relation to incidents of alcohol-related driving, whether or not those incidents led to convictions for violations of the Criminal Code;
(b) any information that has been made available to the Registrar from Addiction Services or through the applicant’s participation in an alcohol rehabilitation program;
(c) any medical information that the Registrar considers relevant to the person’s ability to operate a motor vehicle and participate in the Program;
(d) any factors the Registrar considers relevant to the person’s ability to operate a motor vehicle and participate in the Program.
Registrar’s letter of acceptance into Program
8 (1) On accepting an applicant for participation in the Program, the Registrar must issue a letter of acceptance to the applicant that approves the installation of an approved device for use by the applicant and identifies the applicant as having been accepted into the Program.
(2) An applicant must present the Registrar’s letter of acceptance to an authorized person for installation of an approved device.
Installation of approved device
9 (1) An applicant who holds a letter of acceptance into the Program from the Registrar may have an approved device installed in a motor vehicle at their expense.
(2) An applicant who has an approved device installed in a motor vehicle must execute the agreement required by the authorized service provider.
(3) An applicant who has an approved device installed in a motor vehicle that is owned by another person must provide the authorized person with written authorization from the vehicle owner giving the applicant permission to have the approved device installed in the vehicle.
(4) A motor vehicle owner who authorizes the installation of an approved device in their vehicle under subsection (3) may revoke the authorization at any time for any reason by providing the Registrar with the revocation in writing, and the participant must ensure that the approved device is removed promptly by an authorized person at the participant’s expense.
Issuance of interlock license
10 (1) Once an applicant has an approved device installed in accordance with Section 9, the Registrar may issue the applicant an interlock license that identifies the driver as a participant in the Program under the condition that the participant is restricted to driving a specific equipped vehicle or equipped vehicles in accordance with the Program and these regulations.
(2) The issuance of an interlock license does not affect the revocation or suspension of a participant’s regular license and their regular license remains revoked or suspended for the full period required by law regardless of their participation in the Program.
Participant’s duties
11 A participant in the Program must do all of the following as a condition of their continued participation in the Program:
(a) have any equipped vehicle and approved devices inspected as required by Section 13;
(b) meet with a counsellor at Addiction Services as required under Section 14;
(c) pay all expenses associated with participation in the Program.
Monitoring participants in Program
12 (1) All data from an approved device is deemed to be that of the participant assigned to that device.
(2) The Registrar must review, or may direct another person to review, the reports generated by an authorized person or authorized service provider under Section 31.
Inspection and maintenance of approved device
13 (1) Except as provided in subsection (2), a participant must bring the equipped vehicle and the approved device back to the authorized person that installed the device, or to a facility designated by the authorized person, for inspection, maintenance and reporting at least once every 60 days.
(2) For an approved device in an equipped vehicle that is designed to be inspected and maintained by removing a component from it, a participant must do all of the following at least once every 60 days:
(a) ensure that the component is removed, in accordance with the instructions of the authorized person that installed the device, and bring it back to the authorized person that installed the device, or to a facility designated by the authorized person, for inspection and maintenance;
(b) ensure that the replacement component provided to the participant by the authorized person is installed back into the approved device in accordance with the instructions of the authorized person.
Counselling by Addiction Services
14 (1) A participant must meet with a counsellor at Addiction Services no later than 10 days after the inspection required by Section 13 and, unless otherwise directed under subsection (3), on a bi-monthly basis after the initial meeting.
(2) A counsellor at Addiction Services may recommend any of the following to the Registrar:
(a) that a participant meet with a counsellor less frequently than required by subsection (1), if the counsellor believes that the participant has demonstrated positive and sustained behaviour change in relation to their use of alcohol;
(b) that a participant meet with a counsellor more frequently than required by subsection (1), if the counsellor believes that the participant has not demonstrated an improvement in behaviour.
(3) Based on the recommendation of a counsellor under subsection (2), the Registrar may require a participant to meet with a counsellor at Addiction Service at specified intervals, no longer than a minimum of every 6 months.
(4) If a participant fails to meet with a counsellor at Addiction Services as required under this Section, Addiction Services must notify the Registrar no later than 10 days after the missed appointment.
Participant to pay costs of counselling
15 A participant must pay an amount set by the Registrar to Addiction Services for each counselling session they have scheduled with Addiction Services to cover the cost of the sessions.
Dismissal from Program
16 (1) The Registrar may dismiss a person from the Program at any time for any reason and must communicate any dismissal in writing to the dismissed person by registered mail.
(2) When the Registrar dismisses a participant from the Program, the participant’s interlock license is automatically revoked.
(3) A person who is dismissed from the Program must ensure that all approved devices are removed at their expense from all equipped vehicles specified on their interlock license.
Re-admission into Program
17 (1) A person for whom participation in the Program is a condition of reinstatement of their regular license who is dismissed from the Program must re-apply for admission to the Program in accordance with Section 6.
(2) An application for re-admission into the Program cannot be made until 90 days after the date the person was dismissed from the Program.
Duration of Program
18 (1) A participant participating in the Program during their revocation period must continue in the Program for the full period of their revocation period under Section 67 of the Act, and nothing in this Section shortens their revocation period.
(2) A participant’s participation in the Program begins on the date that they are issued an interlock license.
(3) A person whose license has been revoked for a violation of section 253, subsection 254(5) or subsection 259(4) of the Criminal Code, if the disqualification, as defined in subsection 259(5) of the Criminal Code, was for an alcohol-related offence, must participate in the Program for the following applicable minimum period:
(a) for a first revocation, a minimum continuous period equal to the amount of time remaining in the 1-year revocation period required by clause 67(5)(ba) of the Act;
(b) for a high-risk first offender, a minimum continuous period of 1 year;
(c) for a second revocation, a minimum continuous period of 2 years;
(d) for a third revocation, a minimum continuous period of 3 years.
(4) A person whose license has been revoked for a violation of section 253 of the Criminal Code causing bodily harm or death as a result of operating a motor vehicle resulting in a conviction under subsection 255(2) or 255(3) of the Criminal Code must participate in the Program for the following applicable minimum period:
(a) for a first revocation, a minimum continuous period of 2 years after the minimum revocation period in the Act;
(b) for a second revocation, a minimum period of 5 years after the minimum revocation period in the Act.
(5) A person ordered into the Program under Section 280A of the Act must participate in the Program for a minimum period set by the Registrar.
(6) If a person who is dismissed from the Program successfully re-applies to participate in the Program again, unless otherwise directed by the Registrar, the applicable time period in subsection (2), (3), (4) or (5) restarts and no time previously spent in the Program is deducted from the required minimum duration of the Program.
Extending duration of Program
19 (1) The Registrar may extend a participant’s participation in the Program based on the factors set out in Section 21, or for a violation of these regulations in accordance with Section 28 and shall notify the participant by registered mail.
(2) A participant whose participation in the Program is extended must participate in the Program for a further continuous period set by the Registrar.
Application for release from Program
20 (1) Once a participant has completed the required participation period under Section 18 or 19, a participant must apply to the Registrar to be released from the Program.
(2) An application for release from the Program may be made by submitting all of the following to the Registrar in the manner prescribed by the Registrar:
(a) a completed Program release application form prescribed by the Registrar;
(b) the application fee set by the Minister;
(c) a recommendation from Addiction Services supporting the application.
Factors for determining release from Program
21 The Registrar must consider the following factors when deciding whether to release an applicant from the Program:
(a) the results of reports generated by an authorized service provider under Section 31;
(b) the regularity with which the equipped vehicle was driven by the participant during their participation in the Program;
(c) any incidents or reports of alcohol-related driving involving the participant, whether or not those incidents led to convictions for violations of the Criminal Code;
(d) any relevant information made available to the Registrar by Addiction Services;
(e) any factors the Registrar considers relevant to the participant’s readiness to be released from the Program.
No application for restoration of regular license until released from Program
22 A participant is not eligible to apply for restoration of their regular license until the Registrar has released them from the Program under Section 23.
Registrar’s decision on application for release from Program
23 (1) The Registrar may approve or deny an application for release from the Program.
(2) If the Registrar releases a participant from the Program, the participant must do all of the following, at their own expense:
(a) have the approved device removed from the equipped vehicle or vehicles specified in their interlock license;
(b) attend a follow-up counselling session with Addiction Services 6 months after all approved devices are removed.
(3) If the Registrar rejects an application for release from the Program, the Registrar may extend the Program and must notify the applicant in writing by registered mail and indicate a date after which the participant may re-apply for release from the Program.
Offences
24 (1) A person who holds an interlock license who does any of the following is guilty of an offence and is liable to the applicable penalty set out in Section 26:
(a) tampers with an approved device or operates an equipped vehicle that has been tampered with;
(b) fails to take equipped vehicles or approved devices for scheduled inspections as required by Section 13;
(c) solicits a breath sample from another person to assist them to do any of the following while the interlock license holder is in control of an equipped vehicle:
(i) start the equipped vehicle,
(ii) keep the equipped vehicle in motion.
(2) A person who knowingly assists a person who holds an interlock license to do any of the following is guilty of an offence and is liable to the applicable penalty set out in Section 26:
(a) start an equipped vehicle while the interlock license holder is in control of the equipped vehicle;
(b) keep an equipped vehicle in motion while the interlock license holder is in control of the equipped vehicle;
(c) tamper with an approved device.
(3) A person who allows a person who holds an interlock license to operate a motor vehicle other than an equipped vehicle specified in their interlock license is guilty of an offence and liable to the applicable penalty in Section 26.
Owner of vehicle deemed guilty of offence
25 If the person who committed an offence involving a motor vehicle under subsection 24(1), (2) or (3) cannot be determined, the owner of the motor vehicle involved is guilty of the offence.
Penalties
26 (1) Any person who violates any of the provisions of Section 24 involving a passenger vehicle is guilty of an offence and liable on summary conviction to the penalties provided for a Category G offence in the Summary Proceedings Act.
(2) Any person who violates any of the provisions of Section 24 involving a commercial vehicle is guilty of an offence and liable on summary conviction to the penalties provided for a Category J offence in the Summary Proceedings Act.
Peace officer may inspect equipped vehicle
27 (1) A peace officer may inspect an equipped vehicle at any time to determine whether the driver and the equipped vehicle are in compliance with these regulations and to determine whether the approved device is functioning properly.
(2) A peace officer may order that the equipped vehicle be taken to an authorized person for an inspection of the vehicle and the approved device.
Administrative sanctions by Registrar
28 (1) The Registrar may take any of the following actions based on data from an approved device indicating that any of the things specified in subsection 24(1) have occurred, or if the Registrar reasonably believes that any of the things specified in subsection 24(1) have occurred:
(a) dismiss the participant from the Program;
(b) require the participant to undergo additional assessment by Addiction Services;
(c) extend the duration of the participant’s required participation in the Program in accordance with Section 19.
(2) The Registrar may reverse or alter any action taken under subsection (1) if evidence to the contrary that is satisfactory to the Registrar is provided.
Written authorization to install approved devices
29 (1) The Registrar may authorize any person to install, maintain and remove approved devices.
(2) The Registrar’s authorization under subsection (1) must be in writing.
Attaching approval sticker when approved device installed
30 An authorized person must attach an approval sticker to an approved device once a person requests the installation of the device and provides the authorized person with a letter of acceptance from the Registrar indicating that they have been accepted into the Program.
Records
31 (1) An authorized service provider must keep a record of each approved device installed, inspected, maintained or removed that includes all of the following information:
(a) the name, residential address, date of birth and driver’s license number of the participant;
(b) the make, model, vehicle identification number, and plate number of the motor vehicle into which the approved device was installed;
(c) the results of each inspection, including any data or other information obtained from the approved device.
(3)* An authorized service provider must notify the Registrar immediately if an inspection of an approved device shows that the device has been tampered with.
(4)* An authorized service provider must submit the records kept under this Section to the Registrar when requested.
(5)* An authorized service provider must keep a record made under this Section for at least 10 years from the date the record was created.
[*Note: numbering as in original.]