Effective August 3, 2010, there is now a provision in the HTA (Regulation 163/10) for the suspended driver to apply to the Registrar to reinstate a license prior to the end of the suspension period. Section 259 of the Criminal Code allows the Judge to make an order allowing the offender to apply to the Ministry of Transport (MOT) in Ontario to register in an “alcohol ignition interlock device program” (the program); and, if so registered, receive his/her license earlier than the minimum prohibition period(s) after sentence is imposed. Upon acceptance into the program, he/she must install the Alcohol Ignition Interlock Device (the device) (within 30 days by an authorized person) in his/her car at his/her expense.

Reinstatement in such circumstances involves the driver’s participation in, among other requirements, driver re-education and the program; and is only limited to offenders who meet the following criteria:

a) The driver’s license is suspended for a period of one year under the HTA;
b) The offence does not involve impairment by drugs or a combination of alcohol and drugs;
c) The order under s. 259 of the Criminal Code (mandatory prohibition throughout Canada) does not prohibit the offender from entering the program
d) He/she has completed and signed a written request to participate in the program;
e) He/she has completed the requisite preliminary assessment;
f) The driver’s license has not been suspended for Criminal Code offences within last five (5) years;
g) The driver’s license was not, on the date of the offense, subject to an alcohol interlock device condition;
h) The driver’s license has not previously been reinstated after an indefinite suspension by the Registrar
i) The offence does not involve bodily harm or death.

The offender cannot begin the program until the later of:

• Expiry of the “minimum prohibition period” in s./ 259 (1.2) of the Criminal Code (three (3) months for a first offence, six (6) months for a second offence or twelve (12) months for each subsequent offence); and

• At least six months after the s. 259 order has been made.

In this case, the device must remain in the offender’s vehicle for at least twelve (12) months or until the requirements for a successful completion of the program are met; whichever is later.

However, these time frames can be reduced to as little as three (3) months if the offender:

1. Pleads Guilty to the offence
2. An order under s. 259 is made within 90 days of the offence; and
3. He/she applies to the Registrar’s satisfaction to enter the program

In this case, the device might be removed after as little as nine (9) months or until the requirements for a successful completion of the program are met; whichever is later.

For offences which occurred prior to August 3, 2010, the finding of guilt and sentence must occur after that date and the s. 259 order must be made prior to November 1, 2010.

Written by: Paul J.B. Nielsen