Canadian Criminal Sentencing/Ancillary Orders/Driving Prohibition Orders

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Legislation[edit]

Mandatory order of prohibition
259. (1) When an offender is convicted of an offence committed under section 253 or 254 or this section or discharged under section 730 of an offence committed under section 253 and, at the time the offence was committed or, in the case of an offence committed under section 254, within the three hours preceding that time, was operating or had the care or control of a motor vehicle, vessel or aircraft or of railway equipment or was assisting in the operation of an aircraft or of railway equipment, the court that sentences the offender shall, in addition to any other punishment that may be imposed for that offence, make an order prohibiting the offender from operating a motor vehicle on any street, road, highway or other public place, or from operating a vessel or an aircraft or railway equipment, as the case may be,

(a) for a first offence, during a period of not more than three years plus any period to which the offender is sentenced to imprisonment, and not less than one year;
(b) for a second offence, during a period of not more than five years plus any period to which the offender is sentenced to imprisonment, and not less than two years; and
(c) for each subsequent offence, during a period of not less than three years plus any period to which the offender is sentenced to imprisonment.

Alcohol ignition interlock device program
(1.1) If the offender is registered in an alcohol ignition interlock device program established under the law of the province in which the offender resides and complies with the conditions of the program, the offender may, subject to subsection (1.2), operate a motor vehicle equipped with an alcohol ignition interlock device during the prohibition period, unless the court orders otherwise.

Minimum absolute prohibition period
(1.2) An offender who is registered in a program referred to in subsection (1.1) may not operate a motor vehicle equipped with an alcohol ignition interlock device until

(a) the expiry of a period of
(i) for a first offence, 3 months after the day on which sentence is imposed,
(ii) for a second offence, 6 months after the day on which sentence is imposed, and
(iii) for each subsequent offence, 12 months after the day on which sentence is imposed; or
(b) the expiry of any period that may be fixed by order of the court that is greater than a period referred to
in paragraph (a).

[1]

Driving Prohibition[edit]

Section 259 requires a mandatory Order of prohibition from driving for offences under s.253 or 254. The length is as follows:

  • First offence: 1 to 3 years (s.259(1)(a))
  • Second offence: 2 to 5 years (s. 259(1)(b))
  • All subsequent offences: 3 years or more (s. 259(1)(c))

Interlock program is available after:

  • First offence: 3 months from sentence (s.259(1.2)(a)(i))
  • Second offence: 6 months from sentence (s.259(1.2)(a)(ii))
  • All subsequent offences: 12 months from sentence (s.259(1.2)(a)(iii))
  • Or any later time as set by the judge (s.259(1.2)(b))

Section 259(2) allows a discretionary order of prohibition from driving for offences under s. 220, 221, 236, 249, 249.1, 250, 251 or 252 or 255(2) to (3.2). The length is as follows:

  • Offences with max of life sentence or actual life sentence: any duration (s. 259(2)(a), (a1))
  • Offences with max of 10 years: up to 5 years (s.259(2)(b))
  • Any other offences: up to 3 years (s. 259(2)(c))

Street racing mandatory prohibitions in addition to other mandatory orders:

  • First offence: 1 to 3 years (s. 259(3.1)(a))
  • Second offence: 2 to 5 years (s. 259(3.1)(b))
  • Any subsequent offences: 3 years or more (s. 259(3.1)(c))

Bodily harm offences under s. 249.3 or 249.4(3), the mandatory orders are as follows:

  • First Offence: 1 to 10 years
  • Second Offence: 2 to 10 years
  • Any subsequent offences: 3 years or more

Death offences under s. 249.2 or 249.4(4), the mandatory orders are as follows:

  • s.249.2 Offences: 1 year or more
  • s. 249.4(4) offences: 1 to 10 years
  • Any second conviction is life (s. 259(3.4))

A driving prohibition cannot be ordered to be consecutive to another driving prohibition that is already in force. The prohibition must begin at the day the order is made.[1]

  1. R. v. Neuberger (1997), 118 CCC 348