What baseline assumptions apply to these impaired driving questions and answers?

Every police demand, physical test, and chemical analysis is assumed to be legally valid and accurate. The analysis focuses strictly on statutory mandatory minimum penalties arising from convictions or administrative non-compliance under federal and Ontario law.

What are the federal mandatory minimum penalties for dangerous driving or refusal involving death?

For dangerous driving causing bodily harm or death, or refusal to comply with a demand in fatal incidents, federal law mandates a $1,000 fine for a first offence, 30 days imprisonment for a second offence, and 120 days imprisonment for third or subsequent convictions.

How is 'operation while impaired' legally defined under Canadian criminal law?

Impaired operation includes operating a conveyance while impaired to any degree by alcohol or drugs, or having a blood alcohol concentration (BAC) of 80+ mg per 100 mL, a blood drug concentration exceeding statutory limits, or a combined alcohol-drug concentration exceeding regulated thresholds within two hours of operating.

What is the legal significance of a statutory mandatory minimum penalty during sentencing?

Where an offence carries a mandatory minimum penalty, courts are statutorily barred from granting an absolute or conditional discharge under Section 730 of the Criminal Code; a formal conviction must be recorded against the offender.

What is the scope of a judicial order prohibiting an offender from operating a motor vehicle?

A prohibition order concerning a motor vehicle applies specifically to operating a vehicle on any street, road, highway, or other public place. Under Ontario case law, a 'public place' includes areas accessible to the public, such as commercial parking lots.

How are 'motor vehicle', 'operation', and 'care or control' legally defined?

A motor vehicle is any vehicle driven or propelled by non-muscular power, excluding railway equipment. Operation includes driving or having care or control, which is established if an act or omission creates a risk of danger regarding the vehicle.

Can an offender avoid a mandatory minimum penalty by entering a court-approved treatment program?

With prosecutor and offender consent, the court may delay sentencing to allow attendance in an approved addiction treatment program. Successful completion allows the court to waive mandatory minimum penalties, though a discharge remains unavailable.

What roadside administrative penalties apply immediately in Ontario for test refusal?

Under Ontario administrative law, failing or refusing to comply with a roadside demand for breath, blood, urine, oral fluid, or physical co-ordination tests results in an immediate 90-day driver's licence suspension and a mandatory $550 administrative penalty.

What provincial driver's licence suspensions follow an impaired driving conviction in Ontario?

Ontario mandates a driver's licence suspension of 1 year for a first conviction, 3 years for a second conviction within 10 years, and an indefinite suspension for a third conviction within 10 years. Impaired operation causing death carries an immediate lifetime suspension.

What ignition interlock conditions apply following driver's licence reinstatement in Ontario?

Following licence reinstatement after an impaired driving or refusal suspension, drivers must use an approved ignition interlock device for at least 1 year after a 1-year suspension, at least 3 years after a 3-year suspension, and at least 6 years if reinstated after an indefinite suspension.

What is the mandatory minimum penalty for driving while under a provincial suspension in Ontario?

Driving a motor vehicle or street car on a highway while under a provincial driver's licence suspension carries a mandatory statutory fine of not less than $1,000 for a first offence and not less than $2,000 for each subsequent offence.

Can an indefinite driver's licence suspension in Ontario ever be ended or reduced?

After 10 years without subsequent convictions or driving contraventions, the Registrar may reinstate the driver's licence provided required remedial programs and examinations are completed. Reinstatement following an impaired driving conviction requires an ignition interlock condition for at least 6 years.

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FREQUENTLY ASKED QUESTIONS
FAQ

1 What assumptions are made in these questions and answers?

2 What are the mandatory minimum penalties for being convicted of dangerous operation at the federal level?

3 What are the mandatory minimum penalties for being convicted of dangerous operation causing bodily harm at the federal level?

4 What are the mandatory minimum penalties for being convicted of dangerous operation causing death at the federal level?

5 What is operation while impaired in these questions and answers?

6 What are the mandatory minimum penalties for being convicted of operation while impaired at the federal level?

7 What are the mandatory minimum penalties for being convicted of operation while impaired causing bodily harm at the federal level?

8 What are the mandatory minimum penalties for being convicted of operation while impaired causing death at the federal level?

9 What is failure or refusal to comply with a demand in these questions and answers?

10 What are the mandatory minimum penalties for being convicted of failure or refusal to comply with a demand in an incident at the federal level?

11 What are the mandatory minimum penalties for being convicted of failure or refusal to comply with a demand in an incident involving an accident resulting in bodily harm at the federal level?

12 What are the mandatory minimum penalties for being convicted of failure or refusal to comply with a demand in an incident involving an accident resulting in death at the federal level?

13 What is the significance of these mandatory minimum penalties?

14 What is “the type of conveyance in question” in these contexts?

15 What limitations apply to an order prohibiting the offender from operating the type of conveyance in question in these contexts?

16 What is a “motor vehicle” in this context?

17 What is operation in this context?

18 What is “care or control” in this context?

19 What is a “highway” in this context?

20 What is “any other public place” in this context?

21 Are there any statutory exemptions to these mandatory minimum penalties?

22 What is the mandatory minimum penalty in Ontario for performing poorly in physical co-ordination tests as a person driving or having the care, charge or control of a motor vehicle or operating or having the care or control of a vessel?

23 What is the mandatory minimum penalty in Ontario for, as a novice driver driving or having the care, charge or control of a motor vehicle, providing a sample of oral fluid which, on analysis by approved drug screening equipment, indicates that the novice driver has a drug in the novice driver’s body?

24 Are there any statutory exemptions to these mandatory minimum penalties?

25 What is the mandatory minimum penalty in Ontario for, as a young driver driving or having the care, charge or control of a motor vehicle, providing a sample of oral fluid which, on analysis by approved drug screening equipment, indicates that the young driver has a drug in the young driver’s body?

26 Are there any statutory exemptions to these mandatory minimum penalties?

27 What is the mandatory minimum penalty in Ontario for, as a driver or person having care, charge or control of a commercial motor vehicle, providing a sample of oral fluid which, on analysis by approved drug screening equipment, indicates that the driver or person having care, charge or control of a commercial motor vehicle has a drug in the young driver’s body?

28 Are there any statutory exemptions to this mandatory minimum penalty?

29 What is the mandatory minimum penalty in Ontario for, as a person driving or having the care, charge or control of a motor vehicle or operating or having the care or control of a vessel is shown, by an analysis of breath or blood, to have a concentration of alcohol in the person’s blood of 80 milligrams or more in 100 millilitres of blood?

30 What is the mandatory minimum penalty in Ontario for, as a person driving or having the care, charge or control of a motor vehicle or operating or having the care or control of a vessel, to fail or refuse, in response to a demand, to provide a sample of breath, blood, oral fluid, or urine?

31 What is the mandatory minimum penalty in Ontario for, as a person driving or having the care, charge or control of a motor vehicle or operating or having the care or control of a vessel, to fail or refuse, in response to a demand, to perform physical co-ordination tests?

32 What is the mandatory minimum penalty in Ontario for, as a person driving or having the care, charge or control of a motor vehicle or operating or having the care or control of a vessel, to fail or refuse, in response to a demand, to submit to an evaluation?

33 What is the mandatory minimum penalty in Ontario for, as a person driving or having the care, charge or control of a motor vehicle or operating or having the care or control of a vessel to be impaired in ability to operate a motor vehicle or vessel is impaired by a drug or by a combination of a drug and alcohol?

34 What is the mandatory minimum penalty in Ontario for, as a person driving or having the care, charge or control of a motor vehicle or operating or having the care or control of a vessel to have been impaired in ability to operate a motor vehicle or vessel by a drug or by a combination of a drug and alcohol?

35 What is the mandatory minimum penalty in Ontario for a person who is convicted of speeding?

36 What is the mandatory minimum penalty in Ontario for a person who is convicted of speeding in a designated construction zone when there is a worker in the construction zone?

37 What is the mandatory minimum penalty in Ontario for a person who is convicted of careless driving?

38 What is the mandatory minimum penalty in Ontario for a person who is convicted of careless driving causing bodily harm or death?

39 How is conviction of a crime related to operating a conveyance defined in Ontario?

40 What is the mandatory minimum penalty in Ontario for a person who is convicted of dangerous operation committed while driving or having the care, charge or control of a motor vehicle or street car or a motorized snow vehicle?

41 What is the mandatory minimum penalty in Ontario for a person who is convicted of dangerous operation causing bodily harm committed while driving or having the care, charge or control of a motor vehicle or street car or a motorized snow vehicle?

42 What is the mandatory minimum penalty in Ontario for a person who is convicted of dangerous operation causing death committed while driving or having the care, charge or control of a motor vehicle or street car or a motorized snow vehicle?

43 What is the mandatory minimum penalty in Ontario for a person who is convicted of failure or refusal to comply with a demand in an incident committed while driving or having the care, charge or control of a motor vehicle or street car or a motorized snow vehicle, or operating or having the care or control of a vessel?

44 What is the mandatory minimum penalty in Ontario for a person who is convicted of failure or refusal to comply with a demand in an incident involving an accident resulting in bodily harm committed while driving or having the care, charge or control of a motor vehicle or street car or a motorized snow vehicle, or operating or having the care or control of a vessel?

45 What is the mandatory minimum penalty in Ontario for a person who is convicted of failure or refusal to comply with a demand in an incident involving an accident resulting in death committed while driving or having the care, charge or control of a motor vehicle or street car or a motorized snow vehicle, or operating or having the care or control of a vessel?

46 What is the mandatory minimum penalty in Ontario for a person who is convicted of operation while impaired committed while driving or having the care, charge or control of a motor vehicle or street car or a motorized snow vehicle, or operating or having the care or control of a vessel?

47 What is the mandatory minimum penalty in Ontario for a person who is convicted of operation while impaired causing bodily harm committed while driving or having the care, charge or control of a motor vehicle or street car or a motorized snow vehicle, or operating or having the care or control of a vessel?

48 What is the mandatory minimum penalty in Ontario for a person who is convicted of operation while impaired causing death committed while operating or having the care or control of a vessel?

49 What is the mandatory minimum penalty in Ontario for a person who is convicted of operation while impaired causing death committed while driving or having the care, charge or control of a motor vehicle or street car within the meaning of this Act or a motorized snow vehicle?

50 What is the mandatory minimum penalty in Ontario for a person who is convicted of driving a motor vehicle or a street car on a highway while having the person’s driver’s licence suspended under Ontarian law?

51 Can a person’s indefinite driver’s licence’s suspension under Ontarian law be ended?

52 What are the requirements associated with an ignition interlock device?

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R. v. H.K.

CHARGES: Impaired, Over 80

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-H.K.

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CHARGES: Impaired Operation, Over 80

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CRIMINAL CHARGES WITHDRAWN

R. v. B.E.

CHARGES: Assault Cause Bodily Harm

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R. v. S.K.

CHARGES: Impaired Operation, Failure to Attend Court

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CHARGES: Mischief to Property; Theft; Assault

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NOT GUILTY

R. v. S.G

CHARGES: Impaired Operation, Over 80

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-S.G.

3. What are the mandatory minimum penalties for being convicted of dangerous operation causing bodily harm at the federal level?

The mandatory minimum penalties for being convicted of dangerous operation causing bodily harm at the federal level are as follows.

A mandatory minimum penalty of a fine of $1,000 when convicted of dangerous operation causing bodily harm as an indictable offence for the first time.³

A mandatory minimum penalty of imprisonment for a term of thirty days when convicted of dangerous operation causing bodily harm as an indictable offence for the second time.⁴

A mandatory minimum penalty of imprisonment for a term of one hundred and twenty days when convicted of dangerous operation causing bodily harm as an indictable offence for the third time and for each subsequent conviction.⁵

A mandatory minimum penalty of a fine of $1,000 when convicted of dangerous operation causing bodily harm as an offence punishable on summary conviction for the first time.⁶

A mandatory minimum penalty of imprisonment for a term of thirty days when convicted of dangerous operation causing bodily harm as an offence punishable on summary conviction for the second time.⁷

A mandatory minimum penalty of imprisonment for a term of one hundred and twenty days when convicted of dangerous operation causing bodily harm as an offence punishable on summary conviction for the third time and for each subsequent conviction.⁸

³ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.13(2), 320.2, 320.2(a), 320.2(a)(i).

⁴ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.13(2), 320.2, 320.2(a), 320.2(a)(ii).

⁵ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.13(2), 320.2, 320.2(a), 320.2(a)(iii).

⁶ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.13(2), 320.2, 320.2(b), 320.2(a)(i).

⁷ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.13(2), 320.2, 320.2(a)(ii).

⁸ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.13(2), 320.2, 320.2(a)(iii).

4. What are the mandatory minimum penalties for being convicted of dangerous operation causing death at the federal level?

The mandatory minimum penalties for being convicted of dangerous operation causing death at the federal level are as follows.

A mandatory minimum penalty of a fine of $1,000 when convicted of dangerous operation causing death as an indictable offence for the first time.⁹

A mandatory minimum penalty of imprisonment for a term of thirty days when convicted of dangerous operation causing death as an indictable offence for the second time.¹⁰

A mandatory minimum penalty of imprisonment for a term of one hundred and twenty days when convicted of dangerous operation causing death as an indictable offence for the third time and for each subsequent conviction.¹¹

⁹ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.13(3), 320.21, 320.21(a).

¹⁰ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.13(3), 320.21, 320.21(b).

¹¹ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.13(3), 320.21, 320.21(c).

5. What is operation while impaired in these questions and answers?

All references to operation while impaired in these questions and answers refer to four separate offences.

Operating a conveyance while the ability to operate the conveyance is impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug.¹²

Having, within two hours after ceasing to operate a conveyance, a blood alcohol concentration that is equal to or exceeds 80 mg of alcohol in 100 mL of blood.¹³

Having, within two hours after ceasing to operate a conveyance, a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation.¹⁴

Having, within two hours after ceasing to operate a conveyance, a blood alcohol concentration and a blood drug concentration that is equal to or exceeds the blood alcohol concentration and the blood drug concentration for the drug that are prescribed by regulation for instances where alcohol and that drug are combined.¹⁵

¹² “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1), 320.14(a).

¹³ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1), 320.14(b).

¹⁴ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1), 320.14(c).

¹⁵ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1), 320.14(d).

6. What are the mandatory minimum penalties for being convicted of operation while impaired at the federal level?

The mandatory minimum penalties for being convicted of operation while impaired at the federal level are as follows.

A mandatory minimum penalty of a fine of $1,000 when convicted of operation while impaired as an indictable offence for the first time, plus an order prohibiting the offender from operating the type of conveyance in question for not less than one year, plus the entire period to which the offender is sentenced to imprisonment.¹⁶

A mandatory minimum penalty of imprisonment for a term of thirty days when convicted of operation while impaired as an indictable offence for the second time, plus an order prohibiting the offender from operating the type of conveyance in question for not less than two years, plus the entire period to which the offender is sentenced to imprisonment.¹⁷

A mandatory minimum penalty of imprisonment for a term of one hundred and twenty days when convicted of operation while impaired as an indictable offence for the third time and for each subsequent conviction, plus an order prohibiting the offender from operating the type of conveyance in question for not less than three years, plus the entire period to which the offender is sentenced to imprisonment.¹⁸

A mandatory minimum penalty of a fine of $1,000 when convicted of operation while impaired as an offence punishable on summary conviction for the first time, plus an order prohibiting the offender from operating the type of conveyance in question for not less than one year, plus the entire period to which the offender is sentenced to imprisonment.¹⁹

A mandatory minimum penalty of imprisonment for a term of thirty days when convicted of operation while impaired as an offence punishable on summary conviction for the second time, plus an order prohibiting the offender from operating the type of conveyance in question for not less than two years, plus the entire period to which the offender is sentenced to imprisonment.²⁰

A mandatory minimum penalty of imprisonment for a term of one hundred and twenty days when convicted of operation while impaired as an offence punishable on summary conviction for the third time and for each subsequent conviction, plus an order prohibiting the offender from operating the type of conveyance in question for not less than three years, plus the entire period to which the offender is sentenced to imprisonment.²¹

¹⁶ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1), 320.14(1)(a), 320.14(1)(b), 320.14(1)(c), 320.14(1)(d), 320.19(1), 320.19(1)(a), 320.19(1)(a)(i).

¹⁷ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1), 320.14(1)(a), 320.14(1)(b), 320.14(1)(c), 320.14(1)(d), 320.19(1), 320.19(1)(a), 320.19(1)(a)(ii).

¹⁸ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1), 320.14(1)(a), 320.14(1)(b), 320.14(1)(c), 320.14(1)(d), 320.19(1), 320.19(1)(a), 320.19(1)(a)(iii).

¹⁹ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1), 320.14(1)(a), 320.14(1)(b), 320.14(1)(c), 320.14(1)(d), 320.19(1), 320.19(1)(b), 320.19(1)(b)(i).

²⁰ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1), 320.14(1)(a), 320.14(1)(b), 320.14(1)(c), 320.14(1)(d), 320.19(1), 320.19(1)(b), 320.19(1)(b)(ii).

²¹ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1), 320.14(1)(a), 320.14(1)(b), 320.14(1)(c), 320.14(1)(d), 320.19(1), 320.19(1)(b), 320.19(1)(b)(iii).

7. What are the mandatory minimum penalties for being convicted of operation while impaired causing bodily harm at the federal level?

The mandatory minimum penalties for being convicted of operation while impaired causing bodily harm at the federal level are as follows.

A mandatory minimum penalty of a fine of $1,000 when convicted of operation while impaired causing bodily harm as an indictable offence for the first time.²²

A mandatory minimum penalty of imprisonment for a term of thirty days when convicted of operation while impaired causing bodily harm as an indictable offence for the second time.²³

A mandatory minimum penalty of imprisonment for a term of one hundred and twenty days when convicted of operation while impaired causing bodily harm as an indictable offence for the third time and for each subsequent conviction.²⁴

A mandatory minimum penalty of a fine of $1,000 when convicted of operation while impaired causing bodily harm as an offence punishable on summary conviction for the first time.²⁵

A mandatory minimum penalty of imprisonment for a term of thirty days when convicted of operation while impaired causing bodily harm as an offence punishable on summary conviction for the second time.²⁶

A mandatory minimum penalty of imprisonment for a term of one hundred and twenty days when convicted of operation while impaired causing bodily harm as an offence punishable on summary conviction for the third time and for each subsequent conviction.²⁷

²² “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1), 320.14(1)(a), 320.14(1)(b), 320.14(1)(c), 320.14(1)(d), 320.2, 320.2(a)(i).

²³ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1), 320.14(1)(a), 320.14(1)(b), 320.14(1)(c), 320.14(1)(d), 320.2, 320.2(a)(ii).

²⁴ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1), 320.14(1)(a), 320.14(1)(b), 320.14(1)(c), 320.14(1)(d), 320.2, 320.2(a)(iii).

²⁵ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1), 320.14(1)(a), 320.14(1)(b), 320.14(1)(c), 320.14(1)(d), 320.2, 320.2(a)(iii), 320.2(b).

²⁶ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1), 320.14(1)(a), 320.14(1)(b), 320.14(1)(c), 320.14(1)(d), 320.2, 320.2(b).

²⁷ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1), 320.14(1)(a), 320.14(1)(b), 320.14(1)(c), 320.14(1)(d), 320.2, 320.2(b).

¹⁵ See, e.g., “R. v. Deshpande, 2021 ONCJ 699 (CanLII)”

https://www.canlii.org/en/on/oncj/doc/2021/2021oncj699/2021oncj699.html (accessed 18 July 2026) at paras 1, 82-85, 100.

¹⁶ Cf, “R. v. Ramroop, 2021 ONCA 642 (CanLII)”

https://www.canlii.org/en/on/onca/doc/2021/2021onca642/2021onca642.html (accessed 19 July 2026) at para 11.

¹⁷ Cf, “R. v. Castelblanco Velasco, 2019 ONCJ 84 (CanLII)”

https://www.canlii.org/en/on/oncj/doc/2019/2019oncj84/2019oncj84.html (accessed 17 July 2026) at para 122.

¹⁸ “Criminal Code, RSC 1985, c C-46” (26 May 2026)

https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html (accessed 17 July 2026) at ss 320.14(1)(a), 320.27(1), 320.27(1)(a), 320.27(1)(b), 320.27(1)(c), 320.27(2), 320.28(1), 320.28(1)(a), 320.28(1)(a)(i), 320.28(1)(a)(ii), 320.28(1)(b), 320.28(2), 320.28(2)(a), 320.28(2)(b), 320.28(3), 320.28(4), 320.28(4)(a), 320.28(4)(b), 320.31(10).

¹⁹ “R v McGinnes, 2020 ABPC 269 (CanLII)”

https://www.canlii.org/en/ab/abpc/doc/2020/2020abpc269/2020abpc269.html (accessed 17 July 2026) at paras 127-129.

8. What are the mandatory minimum penalties for being convicted of operation while impaired causing death at the federal level?

The mandatory minimum penalties for being convicted of operation while impaired causing death at the federal level are as follows.

A mandatory minimum penalty of a fine of $1,000 when convicted of operation while impaired causing death as an indictable offence for the first time.²⁸

A mandatory minimum penalty of imprisonment for a term of thirty days when convicted of operation while impaired causing death as an indictable offence for the second time.²⁹

A mandatory minimum penalty of imprisonment for a term of one hundred and twenty days when convicted of operation while impaired causing death as an indictable offence for the third time and for each subsequent conviction.³⁰

²⁸ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1), 320.14(1)(a), 320.14(1)(b), 320.14(1)(c), 320.14(1)(d), 320.21, 320.21(1)(a).

²⁹ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1), 320.14(1)(a), 320.14(1)(b), 320.14(1)(c), 320.14(1)(d), 320.21, 320.21(1)(b).

³⁰ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1), 320.14(1)(a), 320.14(1)(b), 320.14(1)(c), 320.14(1)(d), 320.21, 320.21(1)(c).

9. What is failure or refusal to comply with a demand in these questions and answers?

All references to failure or refusal to comply with a demand in these questions and answers refer to the following seven separate offences.

Failure or refusal to comply with a demand to perform immediately the physical coordination tests prescribed by regulation.³¹

Failure or refusal to comply with a demand to provide immediately the samples of breath that, in the peace officer’s opinion, are necessary to enable a proper analysis to be made by means of an approved screening device.³²

Failure or refusal to comply with a demand to provide immediately the samples of a bodily substance that, in the peace officer’s opinion, are necessary to enable a proper analysis to be made by means of approved drug screening equipment.³³

Failure or refusal to comply with a demand to submit, as soon as practicable, to an evaluation conducted by an evaluating officer to determine whether the person’s ability to operate a conveyance is impaired by a drug or by a combination of alcohol and a drug.³⁴

Failure or refusal to comply with a demand to provide, as soon as practicable, the samples of blood that, in the opinion of the qualified medical practitioner or qualified technician taking the samples, are necessary to enable a proper analysis to be made to determine the person’s blood drug concentration, or the person’s blood drug concentration and blood alcohol concentration, as the case may be.³⁵

Failure or refusal to comply with a demand to provide, as soon as practicable, a sample of oral fluid or urine that, in the evaluating officer’s opinion, is necessary to enable a proper analysis to be made to ascertain the presence in the person’s body of one or more of types of drugs.³⁶

Failure or refusal to comply with a demand to provide, as soon as practicable, the samples of blood that, in the opinion of the qualified medical practitioner or qualified technician taking the samples, are necessary to enable a proper analysis to be made to ascertain the presence in the person’s body of one or more of types of drugs.³⁷

³¹ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.15(1), 320.27(1), 320.27(1)(a).

³² “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.15(1), 320.27(1), 320.27(1)(b), 320.27(2).

³³ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.15(1), 320.28(1), 320.28(1)(a), 320.28(1)(a)(i), 320.28(3).

³⁴ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.15(1), 320.28(2), 320.28(2)(a).

³⁵ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.15(1), 320.28(1), 320.28(1)(a), 320.28(1)(a)(ii), 320.28(2)(b).

³⁶ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.15(1), 320.28(4), 320.28(4)(a).

³⁷ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.15(1), 320.28(4), 320.28(4)(b).

²⁰ See, e.g., “R. v. McGrath, 2013 ONCJ 528 (CanLII)”

https://www.canlii.org/en/on/oncj/doc/2013/2013oncj528/2013oncj528.html (accessed 17 July 2026) at paras 1, 33, 35.

²¹ “R. v. McGrath, 2013 ONCJ 528 (CanLII)”

https://www.canlii.org/en/on/oncj/doc/2013/2013oncj528/2013oncj528.html (accessed 17 July 2026) at para 6

²² “R. v. Hallahan, 2021 ONCJ 156 (CanLII)”

https://www.canlii.org/en/on/oncj/doc/2021/2021oncj156/2021oncj156.html (accessed 17 July 2026) at paras 4, 24-28.

²³ “R. v. McGrath, 2013 ONCJ 528 (CanLII)”

https://www.canlii.org/en/on/oncj/doc/2013/2013oncj528/2013oncj528.html (accessed 17 July 2026) at para 8.

²⁴ “R. v. McGrath, 2013 ONCJ 528 (CanLII)”

https://www.canlii.org/en/on/oncj/doc/2013/2013oncj528/2013oncj528.html (accessed 17 July 2026) at para 12.

²⁵ “R. v. Magdallah, 2024 ONSC 3660 (CanLII)”

https://www.canlii.org/en/on/onsc/doc/2024/2024onsc3660/2024onsc3660.html (accessed 17 July 2026) at paras 1, 11.

²⁶ “R. v. Hallahan, 2021 ONCJ 156 (CanLII)”

https://www.canlii.org/en/on/oncj/doc/2021/2021oncj156/2021oncj156.html (accessed 17 July 2026) at para 23.

²⁷ “R. v. White, 2022 ONCJ 600 (CanLII)”

https://www.canlii.org/en/on/oncj/doc/2022/2022oncj600/2022oncj600.html (accessed 17 July 2026) at paras 1-2, 5, 27.

²⁸ “R. v. McGrath, 2013 ONCJ 528 (CanLII)”

https://www.canlii.org/en/on/oncj/doc/2013/2013oncj528/2013oncj528.html (accessed 17 July 2026) at para 13.

²⁹ “R. v. White, 2022 ONCJ 600 (CanLII)”

https://www.canlii.org/en/on/oncj/doc/2022/2022oncj600/2022oncj600.html (accessed 17 July 2026) at para 37.

³⁰ “R. v. Domb, 2011 ONCJ 756 (CanLII)”

https://www.canlii.org/en/on/oncj/doc/2011/2011oncj756/2011oncj756.html (accessed 17 July 2026) at paras 1-6, 86, 88.

10. What are the mandatory minimum penalties for being convicted of failure or refusal to comply with a demand in an incident at the federal level?

The mandatory minimum penalties for being convicted of failure or refusal to comply with a demand in an incident at the federal level are as follows.

A mandatory minimum penalty of a fine of $2,000 when convicted of failure or refusal to comply with a demand in an incident as an indictable offence for the first time, plus an order prohibiting the offender from operating the type of conveyance in question for not less than one year, plus the entire period to which the offender is sentenced to imprisonment.³⁸

A mandatory minimum penalty of imprisonment for a term of thirty days when convicted of failure or refusal to comply with a demand in an incident as an indictable offence for the second time, plus an order prohibiting the offender from operating the type of conveyance in question for not less than two years, plus the entire period to which the offender is sentenced to imprisonment.³⁹

A mandatory minimum penalty of imprisonment for a term of one hundred and twenty days when convicted of failure or refusal to comply with a demand in an incident as an indictable offence for the third time and for each subsequent conviction, plus an order prohibiting the offender from operating the type of conveyance in question for not less than three years, plus the entire period to which the offender is sentenced to imprisonment.⁴⁰

A mandatory minimum penalty of a fine of $2,000 when convicted of failure or refusal to comply with a demand in an incident as an offence punishable on summary conviction for the first time, plus an order prohibiting the offender from operating the type of conveyance in question for not less than one year, plus the entire period to which the offender is sentenced to imprisonment.⁴¹

A mandatory minimum penalty of imprisonment for a term of thirty days when convicted of failure or refusal to comply with a demand in an incident as an offence punishable on summary conviction for the second time, plus an order prohibiting the offender from operating the type of conveyance in question for not less than two years, plus the entire period to which the offender is sentenced to imprisonment.⁴²

A mandatory minimum penalty of imprisonment for a term of one hundred and twenty days when convicted of failure or refusal to comply with a demand in an incident as an offence punishable on summary conviction for the third time and for each subsequent conviction, plus an order prohibiting the offender from operating the type of conveyance in question for not less than three years, plus the entire period to which the offender is sentenced to imprisonment.⁴³

³⁸ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.15(1), 320.19(1), 320.19(1)(a), 320.19(1)(a)(i), 320.19(4), 320.24(1), 320.24(2), 320.24(2)(a), 320.27(1), 320.27(1)(a), 320.27(1)(b), 320.27(2), 320.28(1), 320.28(1)(a), 320.28(1)(a)(i), 320.28(1)(a)(ii), 320.28(2), 320.28(2)(a), 320.28(2)(b), 320.28(3), 320.28(4), 320.28(4)(a), 320.28(4)(b).

³⁹ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.15(1), 320.19(1), 320.19(1)(a), 320.19(1)(a)(ii), 320.24(1), 320.24(2), 320.24(2)(b), 320.27(1), 320.27(1)(a), 320.27(1)(b), 320.28(1), 320.28(1)(a), 320.28(1)(a)(ii), 320.28(2), 320.28(2)(a), 320.28(2)(b), 320.28(3), 320.28(4), 320.28(4)(a), 320.28(4)(b).

⁴⁰ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.15(1), 320.19(1)(a), 320.19(1)(a)(i), 320.24(1), 320.24(2), 320.24(2)(c), 320.27(1), 320.27(1)(a), 320.27(1)(b), 320.27(2), 320.28(1), 320.28(1)(a), 320.28(1)(a)(i), 320.28(1)(a)(ii), 320.28(2), 320.28(2)(a), 320.28(2)(b), 320.28(3), 320.28(4), 320.28(4)(a), 320.28(4)(b).

⁴¹ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.15(1), 320.19(1), 320.19(1)(b), 320.19(1)(b)(i), 320.24(1), 320.24(2), 320.24(2)(c), 320.27(1), 320.27(1)(a), 320.27(1)(b), 320.27(2), 320.28(1), 320.28(1)(a), 320.28(1)(a)(i), 320.28(1)(a)(ii), 320.28(2), 320.28(2)(a), 320.28(2)(b), 320.28(3), 320.28(4), 320.28(4)(a), 320.28(4)(b).

⁴² “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.15(1), 320.19(1), 320.19(1)(b), 320.19(1)(b)(ii), 320.24(1), 320.24(2), 320.24(2)(b), 320.27(1), 320.27(1)(a), 320.27(1)(b), 320.27(2), 320.28(1), 320.28(1)(a), 320.28(1)(a)(i), 320.28(1)(a)(ii), 320.28(2), 320.28(2)(a), 320.28(2)(b), 320.28(3), 320.28(4), 320.28(4)(a), 320.28(4)(b).

⁴³ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.15(1), 320.19(1), 320.19(1)(b), 320.19(1)(b)(iii), 320.24(1), 320.24(2), 320.24(2)(c), 320.27(1), 320.27(1)(a), 320.27(1)(b), 320.27(2), 320.28(1), 320.28(1)(a), 320.28(1)(a)(i), 320.28(1)(a)(ii), 320.28(2), 320.28(2)(a), 320.28(2)(b), 320.28(3), 320.28(4), 320.28(4)(a), 320.28(4)(b).

11. What are the mandatory minimum penalties for being convicted of failure or refusal to comply with a demand in an incident involving an accident resulting in bodily harm at the federal level?

The mandatory minimum penalties for being convicted of failure or refusal to comply with a demand in an incident involving an accident resulting in bodily harm at the federal level are as follows.

A mandatory minimum penalty of a fine of $1,000 when convicted of failure or refusal to comply with a demand in an incident involving an accident resulting in bodily harm as an indictable offence for the first time.⁴⁴

A mandatory minimum penalty of imprisonment for a term of thirty days when convicted of failure or refusal to comply with a demand in an incident involving an accident resulting in bodily harm as an indictable offence for the second time.⁴⁵

A mandatory minimum penalty of imprisonment for a term of one hundred and twenty days when convicted of failure or refusal to comply with a demand in an incident involving an accident resulting in bodily harm as an indictable offence for the third time and for each subsequent conviction.⁴⁶

A mandatory minimum penalty of a fine of $1,000 when convicted of failure or refusal to comply with a demand in an incident involving an accident resulting in bodily harm as an offence punishable on summary conviction for the first time.⁴⁷

A mandatory minimum penalty of imprisonment for a term of one hundred and twenty days when convicted of failure or refusal to comply with a demand in an incident involving an accident resulting in bodily harm as an offence punishable on summary conviction for the third time and for each subsequent conviction.⁴⁹

⁴⁴ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.15(1), 320.2, 320.2(a), 320.2(a)(i), 320.27(1), 320.27(1)(a), 320.27(1)(b), 320.27(2), 320.28(1), 320.28(1)(a), 320.28(1)(a)(i), 320.28(2), 320.28(2)(a), 320.28(2)(b), 320.28(3), 320.28(4), 320.28(4)(a), 320.28(4)(b).

⁴⁵ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.15(1), 320.23(1), 320.24(1), 320.24(2), 320.24(2)(b), 320.27(1), 320.27(1)(a), 320.27(1)(b), 320.27(2), 320.28(1), 320.28(1)(a), 320.28(1)(a)(i), 320.28(2), 320.28(2)(a), 320.28(2)(b), 320.28(3), 320.28(4), 320.28(4)(a), 320.28(4)(b).

⁴⁶ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.15(1), 320.2, 320.2(1), 320.2(a)(i), 320.2(a), 320.2(a)(i), 320.27(1), 320.27(1)(a), 320.27(1)(b), 320.27(2), 320.28(1), 320.28(1)(a), 320.28(1)(a)(i), 320.28(2), 320.28(2)(a), 320.28(2)(b), 320.28(3), 320.28(4), 320.28(4)(a), 320.28(4)(b).

⁴⁷ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.15(1), 320.15(2), 320.2(a), 320.2(a)(i), 320.2(b), 320.27(1), 320.27(1)(a), 320.27(1)(b), 320.27(2), 320.28(1), 320.28(1)(a), 320.28(1)(a)(i), 320.28(2), 320.28(2)(a), 320.28(2)(b), 320.28(3), 320.28(4), 320.28(4)(a), 320.28(4)(b).

⁴⁸ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.15(1), 320.15(2), 320.2, 320.2(a), 320.2(b), 320.27(1), 320.27(1)(a), 320.27(1)(b), 320.27(2), 320.28(1), 320.28(1)(a), 320.28(1)(a)(i), 320.28(2), 320.28(2)(a), 320.28(2)(b), 320.28(3), 320.28(4), 320.28(4)(a), 320.28(4)(b).

⁴⁹ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.15(1), 320.15(3), 320.21, 320.21(a), 320.27(1), 320.27(1)(a), 320.27(1)(b), 320.27(2), 320.28(1), 320.28(1)(a), 320.28(1)(a)(i), 320.28(2), 320.28(2)(a), 320.28(2)(b), 320.28(3), 320.28(4), 320.28(4)(a), 320.28(4)(b).

³⁸ See, e.g., albeit under the old statutory scheme, “R. v. Bullock, 2018 ONCJ 250 (CanLII)”

https://www.canlii.org/en/on/oncj/doc/2018/2018oncj250/2018oncj250.html (accessed 17 July 2026) at paras 1, 13-16.

³⁹ “Criminal Code, RSC 1985, c C-46” (26 May 2026)

https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html (accessed 17 July 2026) at ss 320.14(1)(a), 320.35.

⁴⁰ “R. v. Maniatis, 2024 CanLII 24885 (ON SC)”

https://www.canlii.org/en/on/onsc/doc/2024/2024canlii24885/2024canlii24885.html (accessed 17 July 2026) at paras 1, 6, 16-18, 44, 47-48.

⁴¹ See, e.g., “R. v. Aggarwal, 2022 ONSC 6213 (CanLII)”

https://www.canlii.org/en/on/onsc/doc/2022/2022onsc6213/2022onsc6213.html (accessed 17 July 2026) at para 11.

⁴² “F.H. v. McDougall, 2008 SCC 53 (CanLII), [2008] 3 SCR 41”

https://www.canlii.org/en/ca/scc/doc/2008/2008scc53/2008scc53.html (accessed 17 July 2026) at para 49.

⁴³ See, e.g., “R. v. Osbourne, 2021 ONCJ 58 (CanLII)”

https://www.canlii.org/en/on/oncj/doc/2021/2021oncj58/2021oncj58.html (accessed 17 July 2026) at paras 1-2, 19-20, 27-28.

⁴⁴ “R. v. Smits, 2012 ONCA 524 (CanLII)”

https://www.canlii.org/en/on/onca/doc/2012/2012onca524/2012onca524.html (accessed 17 July 2026) at paras 52-53.

⁴⁵ “R. v O’Brien, 2020 CanLII 55107 (NL PC)”

https://www.canlii.org/en/nl/nlpc/doc/2020/2020canlii55107/2020canlii55107.html (accessed 17 July 2026) at paras 1, 11-13.

12. What are the mandatory minimum penalties for being convicted of failure or refusal to comply with a demand in an incident involving an accident resulting in death at the federal level?

The mandatory minimum penalties for being convicted of failure or refusal to comply with a demand in an incident involving an accident resulting in death at the federal level are as follows.

A mandatory minimum penalty of a fine of $1,000 when convicted of failure or refusal to comply with a demand in an incident involving an accident resulting in death as an indictable offence for the first time.⁵⁰

A mandatory minimum penalty of imprisonment for a term of thirty days when convicted of failure or refusal to comply with a demand in an incident involving an accident resulting in death as an indictable offence for the second time.⁵¹

A mandatory minimum penalty of imprisonment for a term of one hundred and twenty days when convicted of failure or refusal to comply with a demand in an incident involving an accident resulting in death as an indictable offence for the third time and for each subsequent conviction.⁵²

⁵⁰ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.15(1), 320.15(3), 320.21, 320.21(a), 320.27(1), 320.27(1)(a), 320.27(1)(b), 320.27(2), 320.28(1), 320.28(1)(a), 320.28(1)(a)(i), 320.28(2), 320.28(2)(a), 320.28(2)(b), 320.28(3), 320.28(4), 320.28(4)(a), 320.28(4)(b).

⁵¹ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.15(1), 320.15(3), 320.21, 320.21(b), 320.27(1), 320.27(1)(a), 320.27(1)(b), 320.27(2), 320.28(1), 320.28(1)(a), 320.28(1)(a)(i), 320.28(1)(a)(ii), 320.28(2), 320.28(2)(a), 320.28(2)(b), 320.28(3), 320.28(4), 320.28(4)(a), 320.28(4)(b).

⁵² “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.15(1), 320.15(3), 320.21, 320.21(b), 320.27(1), 320.27(1)(a), 320.27(1)(b), 320.27(2), 320.28(1), 320.28(1)(a), 320.28(1)(a)(i), 320.28(1)(a)(ii), 320.28(2), 320.28(2)(a), 320.28(2)(b), 320.28(3), 320.28(4), 320.28(4)(a), 320.28(4)(b).

13. What is the significance of these mandatory minimum penalties?

An offender convicted of an offence with a mandatory minimum penalty cannot be granted a discharge or a conditional discharge.⁵³ An offender who receives a discharge for an offence is deemed not to have been convicted of the offence.⁵⁴

⁵³ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 730(1).

⁵⁴ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 730(1), 730(3).

14. What is “the type of conveyance in question” in these contexts?

Although Nunavut jurisprudence has explicitly held that “the type of conveyance in question” in these contexts refers to one of the four categories of conveyance of motor vehicles, vessels transporting through water, aircraft transporting through the air, and conveyances transporting through rail lines,⁵⁵ and Ontarian jurisprudence has ruled in a way consistent with this interpretation,⁵⁶ Ontarian appellate jurisprudence has held that the breadth of the category “the type of conveyance in question” has yet to be definitively defined.⁵⁷ For this reason, there is currently no clear definition in Ontario of “the type of conveyance in question”.

⁵⁵ “R. v. Shame, 2020 NUCJ 9 (CanLII)” https://www.canlii.org/en/nu/nucj/doc/2020/2020nucj9/2020nucj9.html at paras 1-3, 8, 10-12, 16.

⁵⁶ “R. v. Coates, 2023 ONSC 3392 (CanLII)” https://www.canlii.org/en/on/onsc/doc/2023/2023onsc3392/2023onsc3392.html at paras 3, 184-185.

⁵⁷ “R. v. Robson, 2025 ONCA 497” https://coadecisions.ontariocourts.ca/coa/coa/en/item/23414/index.do at paras 1-3, 16.

¹ “Criminal Code (R.S.C., 1985, c. C-46)” (26 May 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.14(1)(a),

15. What limitations apply to an order prohibiting the offender from operating the type of conveyance in question in these contexts?

A prohibition order in respect of a motor vehicle applies only to the motor vehicle’s operation on a

street, road or highway or in any other public place.⁵⁸

⁵⁸ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.24(8).

16. What is a “motor vehicle” in this context?

A motor vehicle is defined as a vehicle that is drawn, propelled or driven by any means other than muscular power, but does not include railway equipment. ⁵⁹

⁵⁹ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 2.

¹ “Criminal Code (R.S.C., 1985, c. C-46)” (26 May 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.14(1)(a),

17. What is operation in this context?

To operate is defined as, in respect of a motor vehicle, to drive the motor vehicle or to have care or control of the motor vehicle.⁶⁰

⁶⁰ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.11.

¹ “Criminal Code (R.S.C., 1985, c. C-46)” (26 May 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.14(1)(a),

18. What is “care or control” in this context?

In order to establish care or control of a motor vehicle, a person’s act or conduct in relation to that motor vehicle must be such that there is created a risk of danger, whether from putting the motor vehicle in motion or in some other way.⁶¹

⁶¹ “R. v. Smits, 2012 ONCA 524” https://coadecisions.ontariocourts.ca/coa/coa/en/item/23414/index.do at paras 51-52.

¹ “Criminal Code (R.S.C., 1985, c. C-46)” (26 May 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.14(1)(a),

19. What is a “highway” in this context?

A highway means a road to which the public has the right of access, and includes bridges over which or tunnels through which a road passes.⁶²

⁶² “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 2.

¹ “Criminal Code (R.S.C., 1985, c. C-46)” (26 May 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.14(1)(a),

20. What is “any other public place” in this context?

Ontarian jurisprudence has defined any other public place in this context as being a place where a non-trivial number of the population can be expected to be present and expect to be protected from exposure to prohibited drivers operating motor vehicles⁶³ and as including a hotel’s parking lot.⁶⁴

⁶³ “R. v. Smith-Stebbins, 2025 ONCJ 298 (CanLII)” https://www.canlii.org/en/on/oncj/doc/2025/2025oncj298/2025oncj298.html at paras 12-14, 16-17.

⁶⁴ “R. v. Smith-Stebbins, 2025 ONCJ 298 (CanLII)” https://www.canlii.org/en/on/oncj/doc/2025/2025oncj298/2025oncj298.html at paras 12-14, 20-21.

¹ “Criminal Code (R.S.C., 1985, c. C-46)” (26 May 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.14(1)(a),

21. Are there any statutory exemptions to these mandatory minimum penalties?

The Court, with the prosecutor’s consent and the offender’s consent, after considering the interests of justice, may delay sentencing of an offender who has been found guilty of operation while impaired or of failure or refusal to comply with a demand in an incident in order to allow the offender to attend a treatment program approved by the province in which the offender resides.⁶⁵ If the Court delays sentencing, the Court shall make an order prohibiting the offender from operating, before sentencing, the type of conveyance in question.⁶⁶ If the offender successfully completes the treatment program, the Court is not required to impose the minimum penalty, but the Court shall not discharge or conditionally discharge the offender.⁶⁷

⁶⁵ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1), 320.14(1)(a), 320.14(1)(b), 320.14(1)(c), 320.14(1)(d), 320.15(1), 320.23(1), 320.27(1), 320.27(1)(a), 320.27(1)(b), 320.27(2), 320.28(1), 320.28(1)(a), 320.28(1)(a)(i), 320.28(1)(a)(ii), 320.28(2), 320.28(2)(a), 320.28(2)(b), 320.28(3), 320.28(4), 320.28(4)(a), 320.28(4)(b).
⁶⁶ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1), 320.14(1)(a), 320.14(1)(b), 320.14(1)(c), 320.14(1)(d), 320.15(1), 320.23(1), 320.27(1), 320.27(1)(a), 320.27(1)(b), 320.27(2), 320.28(1), 320.28(1)(a), 320.28(1)(a)(i), 320.28(1)(a)(ii), 320.28(2), 320.28(2)(a), 320.28(2)(b), 320.28(3), 320.28(4), 320.28(4)(a), 320.28(4)(b).
⁶⁷ ⁶⁷ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1), 320.14(1)(a), 320.14(1)(b), 320.14(1)(c), 320.14(1)(d), 320.15(1), 320.19(1), 320.19(1)(a), 320.19(1)(a)(i), 320.19(1)(a)(ii), 320.19(1)(b), 320.19(1)(c), 320.19(1)(d), 320.19(1)(e), 320.19(1)(f), 320.19(1)(g), 320.19(1)(h), 320.19(1)(i), 320.20(2), 320.20(4)(a), 320.20(4)(b), 320.20(5), 320.20(5)(a), 320.20(5)(b), 320.20(6), 320.20(7)(a), 320.20(7)(b), 320.20(8), 320.20(8)(a), 320.20(8)(b), 320.20(8)(c), 320.20(8)(d), 320.20(9), 320.20(10)(a), 320.20(10)(b), 320.20(10)(c), 320.20(10)(d), 320.20(10)(e), 320.20(10)(f), 320.20(10)(g), 320.20(10)(h), 320.20(10)(i), 320.20(10)(j), 320.20(10)(k), 320.20(10)(l), 320.20(10)(m), 320.20(10)(n), 320.20(10)(o), 320.20(10)(p), 320.20(10)(q), 320.20(10)(r), 320.20(10)(s), 320.20(10)(t), 320.20(10)(u), 320.20(10)(v), 320.20(10)(w), 320.20(10)(x), 320.20(10)(y), 320.20(10)(z), 320.20(11), 320.20(12), 320.20(13), 320.20(14)(a), 320.20(14)(b), 730(1).

¹ “Criminal Code (R.S.C., 1985, c. C-46)” (26 May 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.14(1)(a),

22. What is the mandatory minimum penalty in Ontario for performing poorly in physical co-ordination tests as a person driving or having the care, charge or control of a motor vehicle or operating or having the care or control of a vessel?

When a police officer is satisfied that a person driving or having the care, charge or control of a motor vehicle or operating or having the care or control of a vessel has performed physical co-ordination tests and the police officer reasonably believes, taking into account all of the circumstances, that the person’s ability to operate a motor vehicle or vessel is impaired by a drug or by a combination of a drug and alcohol, the police officer shall request that the person surrender the person’s driver’s licence.⁶⁸ Upon a such a request being made, the person to whom the request is made shall forthwith surrender the person’s driver’s licence to the police officer and, whether or not the person is unable or fails to surrender the licence to the police officer, the person’s driver’s licence is suspended for seven days, in the case of a first suspension under this power;⁶⁹ fourteen days in the case of a second suspension under this power;⁷⁰ or thirty days in the case of a third or subsequent suspension under this power;⁷¹ but a previous suspension that took effect more than ten years before the current suspension takes effect shall not be taken into account in determining whether the current suspension is a first, second or subsequent suspension.⁷² A person whose driver’s licence is suspended under this power shall pay to the Ministry of Transportation an administrative penalty of $250, in the case of a first suspension;⁷³ $350, in the case of a second suspension;⁷⁴ and $450, in the case of a third or subsequent suspension.⁷⁵

¹ “Criminal Code (R.S.C., 1985, c. C-46)” (26 May 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.14(1)(a),

⁶⁸ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 48.0.1(1), 48.0.1(2), 48.0.1(2)(1).

⁶⁹ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 48.0.1(1), 48.0.1(2), 48.0.1(2)(1), 48.0.1(3), 48.0.1(3)(a).

⁷⁰ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 48.0.1(1), 48.0.1(2), 48.0.1(1), 48.0.1(3)(b).

⁷¹ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 48.0.1(1), 48.0.1(2), 48.0.1(3)(c).

⁷² “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 48.0.1(1), 48.0.1(2), 48.0.1(3)(a), 48.0.1(3)(b), 48.0.1(3)(c), 48.0.1(4).

⁷³ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 1(1), 48.0.1(1), 48.0.1(2), 48.0.1(3), 48.0.1(3)(a), 48.0.1(3)(b), 48.0.1(3)(c), 48.0.1(4), read in context with “O. Reg. 273/07: ADMINISTRATIVE PENALTIES” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 1(2), 1(2)(iii).

⁷⁴ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 1(1), 48.0.1(1), 48.0.1(2), 48.0.1(3), 48.0.1(3)(c), 48.0.1(4), read in context with “O. Reg. 273/07: ADMINISTRATIVE PENALTIES” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 1(2), 1(2)(iii).

⁷⁵ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 1(1), 48.0.1(1), 48.0.1(2), 48.0.1(3), 48.0.1(3)(a), 48.0.1(3)(b), 48.0.1(3)(c), 48.0.1(4), read in context with “O. Reg. 273/07: ADMINISTRATIVE PENALTIES” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 1(2), 1(2)(iii).

23. What is the mandatory minimum penalty in Ontario for, as a novice driver driving or having the care, charge or control of a motor vehicle, providing a sample of oral fluid which,on analysis by approved drug screening equipment, indicates that the novice driver has a drug in the novice driver’s body?

When a novice driver driving or having the care, charge or control of a motor vehicle has complied with a demand to provide a sample of oral fluid which, on analysis by approved drug screening equipment, indicates that the novice driver has a drug in his or her body, the police officer shall request the novice driver to surrender the novice driver’s driver’s licence.⁷⁶ Upon such a request being made, the novice driver to whom the request is made shall forthwith surrender the novice driver’s driver’s licence to the police officer and, whether or not the novice driver is unable or fails to surrender the licence to the police officer, the novice driver’s driver’s licence is suspended for seven days, in the case of a first suspension;⁷⁷ fourteen days, in the case of a second suspension;⁷⁸ thirty days, in the case of a third or subsequent suspension;⁷⁹ but a previous suspension that took effect more than ten years before the current suspension takes effect shall not be taken into account in determining whether the current suspension is a first, second or subsequent suspension.⁸⁰ A person whose driver’s licence is suspended under this power shall pay to the Ministry of Transportation an administrative penalty of $250, in the case of a first suspension;⁸¹ $350, in the case of a second suspension;⁸² and $450, in the case of a third or subsequent suspension.⁸³

⁷⁶ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 48.0.2(1).

⁷⁷ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 48.0.2(1), 48.0.2(2), 48.0.2(2)(a).

⁷⁸ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 48.0.2(1), 48.0.2(2), 48.0.2(2)(a).

⁷⁹ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 48.0.2(1), 48.0.2(2), 48.0.2(a).

⁸⁰ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 48.0.2(1), 48.0.2(2), 48.0.2(2)(a), 48.0.2(2)(c), 48.0.2(3), 48.0.2(7).

⁸¹ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 1(1), 48.0.2(1), 48.0.2(2), 48.0.2(2)(a), 48.0.2(2)(c), 48.0.2(3), read in context with “O. Reg. 273/07: ADMINISTRATIVE PENALTIES” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 1(3), 1(3)(i).

⁸² “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 1(1), 48.0.2(1), 48.0.2(2), 48.0.2(2)(a), 48.0.2(2)(c), 48.0.2(3), read in context with “O. Reg. 273/07: ADMINISTRATIVE PENALTIES” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 1(3), 1(3)(ii).

⁸³ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 1(1), 48.0.2(1), 48.0.2(2), 48.0.2(2)(a), 48.0.2(2)(b), 48.0.2(2)(c), 48.0.2(3), read in context with “O. Reg. 273/07: ADMINISTRATIVE PENALTIES” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 1(3), 1(3)(iii).

¹ “Criminal Code (R.S.C., 1985, c. C-46)” (26 May 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.14(1)(a),

24. Are there any statutory exemptions to these mandatory minimum penalties?

When a police officer is satisfied that a novice driver driving or having the care, charge or control of a motor vehicle is legally authorized to use a drug or drugs for medical purposes, and has that drug or drugs in the novice driver’s body, as indicated by approved drug screening equipment, the novice driver’s driver’s licence is not automatically suspended.⁸⁴

¹ “Criminal Code (R.S.C., 1985, c. C-46)” (26 May 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.14(1)(a),

⁸⁴ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 48.0.2(1), 48.0.2(2), 48.0.2(2)(a), 48.0.2(2)(b), 48.0.2(2)(c), 48.0.2(3).

25. What is the mandatory minimum penalty in Ontario for, as a young driver driving or having the care, charge or control of a motor vehicle, providing a sample of oral fluid which, on analysis by approved drug screening equipment, indicates that the young driver has a drug in the young driver’s body?

When a young driver driving or having the care, charge or control of a motor vehicle has complied with a demand to provide a sample of oral fluid which, on analysis by approved drug screening equipment, indicates that the young driver has a drug in his or her body, the police officer shall request the young driver to surrender the young driver’s driver’s licence.⁸⁵ Upon such a request being made, the young driver to whom the request is made shall forthwith surrender the young driver’s driver’s licence to the police officer and, whether or not the young driver is unable or fails to surrender the licence to the police officer, the young driver’s driver’s licence is suspended for seven days, in the case of a first suspension;⁸⁶ fourteen days, in the case of a second suspension;⁸⁷ thirty days, in the case of a third or subsequent suspension;⁸⁸ but a previous suspension that took effect more than ten years before the current suspension takes effect shall not be taken into account in determining whether the current suspension is a first, second or subsequent suspension.⁸⁹ A person whose driver’s licence is suspended under this power shall pay to the Ministry of Transportation an administrative penalty of $250, in the case of a first suspension;⁹⁰ $350, in the case of a second suspension;⁹¹ and $450, in the case of a third or subsequent suspension.⁹²

⁸⁵ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at s 48.0.3(1).

⁸⁶ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at s 48.0.3(1), 48.0.3(2), 48.0.3(2)(a).

⁸⁷ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at s 48.0.3(1), 48.0.3(2), 48.0.3(2)(b).

⁸⁸ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at s 48.0.3(1), 48.0.3(2), 48.0.3(2)(b), 48.0.3(3).

⁸⁹ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at s 48.0.3(1), 48.0.3(2), 48.0.3(2)(a), 48.0.3(2)(b), 48.0.3(3).

⁹⁰ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at s 1(1), 48.0.3(1), 48.0.3(2), 48.0.3(2)(a), 48.0.3(2)(b), 48.0.3(3), read in context with “O. Reg. 273/07: ADMINISTRATIVE PENALTIES” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 1(3), 1(3)(i).

⁹¹ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at s 1(1), 48.0.3(1), 48.0.3(2), 48.0.3(2)(a), 48.0.3(2)(c), 48.0.3(3), read in context with “O. Reg. 273/07: ADMINISTRATIVE PENALTIES” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 1(3), 1(3)(ii).

⁹² “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at s 1(1), 48.0.3(1), 48.0.3(2), 48.0.3(2)(a), 48.0.3(2)(b), 48.0.3(3), read in context with “O. Reg. 273/07: ADMINISTRATIVE PENALTIES” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 1(3), 1(3)(iii).

¹ “Criminal Code (R.S.C., 1985, c. C-46)” (26 May 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.14(1)(a),

26. Are there any statutory exemptions to these mandatory minimum penalties?

When a police officer is satisfied that a young driver driving or having the care, charge or control of a motor vehicle is legally authorized to use a drug or drugs for medical purposes, and has that drug or drugs in the young driver’s body, as indicated by approved drug screening equipment, the young driver’s driver’s licence is not automatically suspended.⁹³

¹ “Criminal Code (R.S.C., 1985, c. C-46)” (26 May 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.14(1)(a),

⁹³ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 48.0.3(1), 48.0.3(2), 48.0.3(2)(a), 48.0.3(2)(c), 48.0.3(3).

27. What is the mandatory minimum penalty in Ontario for, as a driver or person having care, charge or control of a commercial motor vehicle, providing a sample of oral fluid which, on analysis by approved drug screening equipment, indicates that the driver or person having care, charge or control of a commercial motor vehicle has a drug in the young driver’s body?

When driver or person having care, charge or control of a commercial motor vehicle has complied with a demand to provide a sample of oral fluid which, on analysis by approved drug screening equipment, indicates that the driver or person having care, charge or control of a commercial motor vehicle has a drug in his or her body, the police officer shall request the driver or person having care, charge or control of a commercial motor vehicle to surrender the driver or person’s driver’s licence.⁹⁴ Upon such a request being made, the driver or person to whom the request is made shall forthwith surrender the driver or person’s driver’s licence to the police officer and, whether or not the driver or person is unable or fails to surrender the licence to the police officer, the driver or person’s driver’s licence is suspended for three days from the time the request is made.⁹⁵ A person whose driver’s licence is suspended under this power shall pay to the Ministry of Transportation an administrative penalty of $250, in the case of a first suspension;⁹⁶ $350, in the case of a second suspension;⁹⁷ and $450, in the case of a third or subsequent suspension.⁹⁸

⁹⁴ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at s 48.0.4(1).

⁹⁵ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 48.0.4(1), 48.0.4(2).

⁹⁶ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 1(1), 48.0.4(1), 48.0.4(2), read in context with “O. Reg. 273/07: ADMINISTRATIVE PENALTIES” (28 July 2026) https://www.ontario.ca/laws/regulation/070273 at ss 1(3), 1(3)(i).

⁹⁷ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 1(1), 48.0.4(1), 48.0.4(2), read in context with “O. Reg. 273/07: ADMINISTRATIVE PENALTIES” (28 July 2026) https://www.ontario.ca/laws/regulation/070273 at ss 1(3), 1(3)(ii).

⁹⁸ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 1(1), 48.0.4(1), 48.0.4(2), read in context with “O. Reg. 273/07: ADMINISTRATIVE PENALTIES” (28 July 2026) https://www.ontario.ca/laws/regulation/070273 at ss 1(3), 1(3)(iii).

¹ “Criminal Code (R.S.C., 1985, c. C-46)” (26 May 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.14(1)(a),

28. Are there any statutory exemptions to this mandatory minimum penalty?

When a police officer is satisfied that driver or person having care, charge or control of a commercial motor vehicle is legally authorized to use a drug or drugs for medical purposes, and has that drug or drugs in the driver or person’s body, as indicated by approved drug screening equipment, the driver or person’s driver’s licence is not automatically suspended.⁹⁹

¹ “Criminal Code (R.S.C., 1985, c. C-46)” (26 May 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.14(1)(a),

⁹⁹ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 48.0.4(1), 48.0.4(2), 48.0.4(6).

29. What is the mandatory minimum penalty in Ontario for, as a person driving or having the care, charge or control of a motor vehicle or operating or having the care or control of a vessel is shown, by an analysis of breath or blood, to have a concentration of alcohol in the person’s blood of 80 milligrams or more in 100 millilitres of blood?

When a police officer is satisfied that a person driving or having the care, charge or control of a motor vehicle or operating or having the care or control of a vessel is shown, by an analysis of breath or blood, to have a concentration of alcohol in his or her blood of 80 milligrams or more in 100 millilitres of blood, the police officer shall request that the person surrender the person’s driver’s licence.¹⁰⁰ Upon such a request being made, the person to whom the request is made shall forthwith surrender the person’s driver’s licence to the police officer and, whether or not the person is unable or fails to surrender the person’s driver’s licence to the police officer, the person’s driver’s licence is suspended for 90 days from the time the request is made.¹⁰¹ A person whose driver’s licence is suspended under this power shall pay to the Ministry of Transportation an administrative penalty of $550.¹⁰²

¹ “Criminal Code (R.S.C., 1985, c. C-46)” (26 May 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.14(1)(a),

¹⁰⁰ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 48.3(1), 48.3(3), 48.3(3)(1).

¹⁰¹ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 48.3(1), 48.3(2), 48.3(3)(1).

¹⁰² “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 1(1), 48.3(1), 48.3(2), 48.3(3), 48.3(3)(1), read in context with “O. Reg. 273/07: ADMINISTRATIVE PENALTIES” (28 July 2026) https://www.ontario.ca/laws/regulation/070273 at ss 1(4), 1(4)(2).

30. What is the mandatory minimum penalty in Ontario for, as a person driving or having the care, charge or control of a motor vehicle or operating or having the care or control of a vessel, to fail or refuse, in response to a demand, to provide a sample of breath, blood, oral fluid, or urine?

When a police officer is satisfied that a person driving or having the care, charge or control of a motor vehicle or operating or having the care or control of a vessel failed or refused, in response to a demand, to provide a sample of breath, blood, oral fluid, or urine, the police officer shall request that the person surrender the person’s driver’s licence.¹⁰³ Upon such a request being made, the person to whom the request is made shall forthwith surrender the person’s driver’s licence to the police officer and, whether or not the person is unable or fails to surrender the person’s driver’s licence to the police officer, the person’s driver’s licence is suspended for 90 days from the time the request is made.¹⁰⁴ A person whose driver’s licence is suspended under this power shall pay to the Ministry of Transportation an administrative penalty of $550.¹⁰⁵

¹ “Criminal Code (R.S.C., 1985, c. C-46)” (26 May 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.14(1)(a),

¹⁰³ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 48.3(1), 48.3(3), 48.3(3)(2), 48.3(3)(2)(i).

¹⁰⁴ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 48.3(1), 48.3(2), 48.3(3), 48.3(3)(2), 48.3(3)(2)(i).

¹⁰⁵ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 1(1), 48.3(1), 48.3(2), 48.3(3), 48.3(3)(2), 48.3(3)(2)(i), read in context with “O. Reg. 273/07: ADMINISTRATIVE PENALTIES” (28 July 2026) https://www.ontario.ca/laws/regulation/070273 at ss 1(4), 1(4)(2).

31. What is the mandatory minimum penalty in Ontario for, as a person driving or having the care, charge or control of a motor vehicle or operating or having the care or control of a vessel, to fail or refuse, in response to a demand, to perform physical co-ordination tests?

When a police officer is satisfied that a person driving or having the care, charge or control of a motor vehicle or operating or having the care or control of a vessel failed or refused, in response to a demand, to perform physical co-ordination tests, the police officer shall request that the person surrender the person’s driver’s licence.¹⁰⁶ Upon such a request being made, the person to whom the request is made shall forthwith surrender the person’s driver’s licence to the police officer and, whether or not the person is unable or fails to surrender the person’s driver’s licence to the police officer, the person’s driver’s licence is suspended for 90 days from the time the request is made.¹⁰⁷ A person whose driver’s licence is suspended under this power shall pay to the Ministry of Transportation an administrative penalty of $550.¹⁰⁸

¹ “Criminal Code (R.S.C., 1985, c. C-46)” (26 May 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.14(1)(a),

¹⁰⁶ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 48.3(1), 48.3(3), 48.3(3)(2), 48.3(3)(2)(ii).

¹⁰⁷ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 48.3(1), 48.3(2), 48.3(3), 48.3(3)(2), 48.3(3)(2)(ii).

¹⁰⁸ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 1(1), 48.3(1), 48.3(2), 48.3(3), 48.3(3)(2), 48.3(3)(2)(ii), read in context with “O. Reg. 273/07: ADMINISTRATIVE PENALTIES” (28 July 2026) https://www.ontario.ca/laws/regulation/070273 at ss 1(4), 1(4)(2).

32. What is the mandatory minimum penalty in Ontario for, as a person driving or having the care, charge or control of a motor vehicle or operating or having the care or control of a vessel, to fail or refuse, in response to a demand, to submit to an evaluation?

When a police officer is satisfied that a person driving or having the care, charge or control of a motor vehicle or operating or having the care or control of a vessel failed or refused, in response to a demand, to submit to an evaluation, the police officer shall request that the person surrender the person’s driver’s licence.¹⁰⁹ Upon such a request being made, the person to whom the request is made shall forthwith surrender the person’s driver’s licence to the police officer and, whether or not the person is unable or fails to surrender the person’s driver’s licence to the police officer, the person’s driver’s licence is suspended for 90 days from the time the request is made.¹¹⁰ A person whose driver’s licence is suspended under this power shall pay to the Ministry of Transportation an administrative penalty of $550.¹¹¹

¹ “Criminal Code (R.S.C., 1985, c. C-46)” (26 May 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.14(1)(a),

¹⁰⁹ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 48.3(1), 48.3(3), 48.3(3)(2), 48.3(3)(2)(iii).

¹¹⁰ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 48.3(1), 48.3(2), 48.3(3), 48.3(3)(2), 48.3(3)(2)(iii).

¹¹¹ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 1(1), 48.3(1), 48.3(2), 48.3(3)(2), 48.3(3)(2)(iii), read in context with “O. Reg. 273/07: ADMINISTRATIVE PENALTIES” (28 July 2026) https://www.ontario.ca/laws/regulation/070273 at ss 1(1), 4(2).

33. What is the mandatory minimum penalty in Ontario for, as a person driving or having the care, charge or control of a motor vehicle or operating or having the care or control of a vessel to be impaired in ability to operate a motor vehicle or vessel is impaired by a drug or by a combination of a drug and alcohol?

When a police officer reasonably believes, taking into account all of the circumstances, that a person’s ability to operate a motor vehicle or vessel is impaired by a drug or by a combination of a drug and alcohol, the police officer shall request that the person surrender the person’s driver’s licence.¹¹² Upon such a request being made, the person to whom the request is made shall forthwith surrender the person’s driver’s licence to the police officer and, whether or not the person is unable or fails to surrender the person’s driver’s licence to the police officer, the person’s driver’s licence is suspended for 90 days from the time the request is made.¹¹³ A person whose driver’s licence is suspended under this power shall pay to the Ministry of Transportation an administrative penalty of $550.¹¹⁴

¹ “Criminal Code (R.S.C., 1985, c. C-46)” (26 May 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.14(1)(a),

¹¹² “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 48.3.1(1), 48.3.1(2), 48.3.1(2)(1), 48.3.1(2)(2).

¹¹³ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 48.3.1(1), 48.3.1(3).

¹¹⁴ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 48.3.1(1), 48.3.1(3), read in context with “O. Reg. 273/07: ADMINISTRATIVE PENALTIES” (28 July 2026) at ss 1(5), 1(5)(2).

34. What is the mandatory minimum penalty in Ontario for, as a person driving or having the care, charge or control of a motor vehicle or operating or having the care or control of a vessel to have been impaired in ability to operate a motor vehicle or vessel by a drug or by a combination of a drug and alcohol?

When a police officer reasonably believes, taking into account all of the circumstances, that a person’s ability to operate a motor vehicle or vessel was impaired by a drug or by a combination of a drug and alcohol, the police officer shall request that the person surrender the person’s driver’s licence.¹¹⁵ Upon such a request being made, the person to whom the request is made shall forthwith surrender the person’s driver’s licence to the police officer and, whether or not the person is unable or fails to surrender the person’s driver’s licence to the police officer, the person’s driver’s licence is suspended for 90 days from the time the request is made.¹¹⁶ A person whose driver’s licence is suspended under this power shall pay to the Ministry of Transportation an administrative penalty of $550.¹¹⁷

¹ “Criminal Code (R.S.C., 1985, c. C-46)” (26 May 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.14(1)(a),

¹¹⁵ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 48.3.1(1), 48.3.1(2), 48.3.1(2)(1), 48.3.1(2)(2).

¹¹⁶ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 48.3.1(1), 48.3.1(3).
¹¹⁷ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 48.3.1 (1), 48.3.1(3), read in context with “O. Reg. 273/07: ADMINISTRATIVE PENALTIES” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 1(5), 1(5)(2).

35. What is the mandatory minimum penalty in Ontario for a person who is convicted of speeding?

The mandatory minimum penalty in Ontario for a person who is convicted of speeding is, when the rate of speed at which the motor vehicle was driven is less than 20 kilometres per hour over the speed limit, a fine of $3 for each kilometre per hour that the motor vehicle was driven over the speed limit.¹¹⁸

The mandatory minimum penalty in Ontario for a person who is convicted of speeding is, when the rate of speed at which the motor vehicle was driven is 20 kilometres per hour or more but less than 30 kilometres per hour over the speed limit, a fine of $4.50 for each kilometre per hour that the motor vehicle was driven over the speed limit.¹¹⁹

The mandatory minimum penalty in Ontario for a person who is convicted of speeding is, when the rate of speed at which the motor vehicle was driven is 30 kilometres per hour or more but less than 50 kilometres per hour over the speed limit, a fine of $7 for each kilometre per hour that the motor vehicle was driven over the speed limit.¹²⁰

The mandatory minimum penalty in Ontario for a person who is convicted of speeding is, when the rate of speed at which the motor vehicle was driven is 50 kilometres per hour or more over the speed limit, a fine of $9.75 for each kilometre per hour that the motor vehicle was driven over the speed limit.¹²¹

¹ “Criminal Code (R.S.C., 1985, c. C-46)” (26 May 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.14(1)(a),

¹¹⁸ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 128(14), 128(14)(a).

¹¹⁹ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 128(14), 128(14)(b).

¹²⁰ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 128(14)(c).

¹²¹ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 128(14)(d).

36. What is the mandatory minimum penalty in Ontario for a person who is convicted of speeding in a designated construction zone when there is a worker in the construction zone?

The mandatory minimum penalty in Ontario for a person who is convicted of speeding in a designated construction zone when there is a worker in the construction zone is, when the rate of speed at which the motor vehicle was driven is less than 20 kilometres per hour over the speed limit, a fine of $6 for each kilometre per hour that the motor vehicle was driven over the speed limit.¹²²

The mandatory minimum penalty in Ontario for a person who is convicted of speeding in a designated construction zone when there is a worker in the construction zone is, when the rate of speed at which the motor vehicle was driven is 20 kilometres per hour or more but less than 30 kilometres per hour over the speed limit, a fine of $9 for each kilometre per hour that the motor vehicle was driven over the speed limit.¹²³

The mandatory minimum penalty in Ontario for a person who is convicted of speeding in a designated construction zone when there is a worker in the construction zone is, when the rate of speed at which the motor vehicle was driven is 30 kilometres per hour or more but less than 50 kilometres per hour over the speed limit, a fine of $14 for each kilometre per hour that the motor vehicle was driven over the speed limit.¹²⁴

The mandatory minimum penalty in Ontario for a person who is convicted of speeding in a designated construction zone when there is a worker in the construction zone is, when the rate of speed at which the motor vehicle was driven is 50 kilometres per hour or more over the speed limit, a fine of $19.50 for each kilometre per hour that the motor vehicle was driven over the speed limit.¹²⁵

¹ “Criminal Code (R.S.C., 1985, c. C-46)” (26 May 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.14(1)(a),

¹²² “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 128(14), 128(14.1), 128(14.1)(a).

¹²³ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 128(14), 128(14)(b), 128(14.1), 128(14.1)(b).

¹²⁴ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 128(14), 128(14)(c), 128(14.1), 128(14.1)(c).

¹²⁵ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 128(14), 128(14)(d), 128(14.1), 128(14.1)(d).

37. What is the mandatory minimum penalty in Ontario for a person who is convicted of careless driving?

The mandatory minimum penalty in Ontario for a person who is convicted of careless driving is a fine of not less than $400.¹²⁶

¹ “Criminal Code (R.S.C., 1985, c. C-46)” (26 May 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.14(1)(a),

¹²⁶ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 130(1), 130(2).

38. What is the mandatory minimum penalty in Ontario for a person who is convicted of careless driving causing bodily harm or death?

The mandatory minimum penalty in Ontario for a person who is convicted of careless driving causing bodily harm or death is a fine of not less than $2,000.¹²⁷

¹²⁷ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 130(3), 130(4).

¹ “Criminal Code (R.S.C., 1985, c. C-46)” (26 May 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.14(1)(a),

39. How is conviction of a crime related to operating a conveyance defined in Ontario?

Conviction of a crime related to operating a conveyance is defined in Ontario as including a discharge.¹²⁸

¹²⁸ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(a), 41(1)(b), 41(1)(c), 41(1)(c)(i), 41(1)(c)(ii), 41(1)(d), 41(5), 41(5)(a), 41(5)(a.1).

¹ “Criminal Code (R.S.C., 1985, c. C-46)” (26 May 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.14(1)(a),

40. What is the mandatory minimum penalty in Ontario for a person who is convicted of dangerous operation committed while driving or having the care, charge or control of a motor vehicle or street car or a motorized snow vehicle?

The mandatory minimum penalty in Ontario for a person who is convicted of dangerous operation committed while driving or having the care, charge or control of a motor vehicle or street car or a motorized snow vehicle is that the person’s driver’s licence is suspended for one year upon a first conviction,¹²⁹ for three years upon a first subsequent conviction,¹³⁰ and indefinitely upon a second subsequent conviction or an additional subsequent conviction,¹³¹ although the harsher penalties do not apply when the subsequent conviction is more than ten years after the previous conviction¹³² but when the subsequent conviction is within ten years after the previous conviction, all previous convictions that were not followed by a ten-year period without a conviction shall be taken into account for the purpose of determining the person’s driver’s licence’s suspension.¹³³ Whenever a person’s driver’s licence is suspended under this power for one year, the person’s driver’s license, after being reinstated, is subjected to an ignition interlock condition, prohibiting the person from driving any motor vehicle that is not equipped with an ignition interlock device, for not less than one year after the person’s driver’s licence’s reinstatement.¹³⁴ Whenever a person’s driver’s licence is suspended under this power for three years, the person’s driver’s license, after being reinstated, is subjected to an ignition interlock condition, prohibiting the person from driving any motor vehicle that is not equipped with an ignition interlock device, for not less than three years after the person’s driver’s licence’s reinstatement.¹³⁵

¹ “Criminal Code (R.S.C., 1985, c. C-46)” (26 May 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.14(1)(a),

¹²⁹ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(b), 41(1)(f), read in context with “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.13(1).

¹³⁰ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(b), 41(1)(g), read in context with “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.13(1).

¹³¹ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(b), 41(1)(h), read in context with “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.13(1).

¹³² “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(b), 41(1)(g), 41(1)(h), 41(3), read in context with “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.13(1).

¹³³ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(b), 41(1)(g), 41(1)(h), 41(3), 41(3.0.1), read in context with “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.13(1).

¹³⁴ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(a), 41(1)(b), 41(1)(c), 41(1)(c)(i), 41(1)(c)(ii), 41(1)(d), 41(1)(f), read in context with “O. Reg. 287/08: CONDUCT REVIEW PROGRAMS” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 11(1), 19.3(1).

¹³⁵ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(a), 41(1)(b), 41(1)(c), 41(1)(c)(i), 41(1)(d), 41(1)(f), read in context with “O. Reg. 287/08: CONDUCT REVIEW PROGRAMS” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 11(1), 19.3(2).

41. What is the mandatory minimum penalty in Ontario for a person who is convicted of dangerous operation causing bodily harm committed while driving or having the care, charge or control of a motor vehicle or street car or a motorized snow vehicle?

The mandatory minimum penalty in Ontario for a person who is convicted of dangerous operation causing bodily harm committed while driving or having the care, charge or control of a motor vehicle or street car or a motorized snow vehicle is that the person’s driver’s licence is suspended for one year upon a first conviction,¹³⁶ for three years upon a first subsequent conviction,¹³⁷ and indefinitely upon a second subsequent conviction or an additional subsequent conviction,¹³⁸ although the harsher penalties do not apply when the subsequent conviction is more than ten years after the previous conviction¹³⁹ but when the subsequent conviction is within ten years after the previous conviction, all previous convictions that were not followed by a ten-year period without a conviction shall be taken into account for the purpose of determining the person’s driver’s licence’s suspension.¹⁴⁰ Whenever a person’s driver’s licence is suspended under this power for one year, the person’s driver’s licence, after being reinstated, is subjected to an ignition interlock condition, prohibiting the person from driving any motor vehicle that is not equipped with an ignition interlock device, for not less than one year after the person’s driver’s licence’s reinstatement.¹⁴¹ Whenever a person’s driver’s licence is suspended under this power for three years, the person’s driver’s licence, after being reinstated, is subjected to an ignition interlock condition, prohibiting the person from driving any motor vehicle that is not equipped with an ignition interlock device, for not less than three years after the person’s driver’s licence’s reinstatement.¹⁴²

¹ “Criminal Code (R.S.C., 1985, c. C-46)” (26 May 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.14(1)(a),

¹³⁶ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(b), 41(1)(f), read in context with “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.13(1).

¹³⁷ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(b), 41(1)(g), read in context with “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.13(2).

¹³⁸ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(b), 41(1)(h), read in context with “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.13(2).

¹³⁹ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(b), 41(1)(g), 41(1)(h), 41(3), read in context with “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.13(2).

¹⁴⁰ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(b), 41(1)(g), 41(1)(h), 41(3), 41(3.0.1), read in context with “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.13(2).

¹⁴¹ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(a), 41(1)(b), 41(1)(c), 41(1)(c)(i), 41(1)(c)(ii), 41(1)(d), 41(1)(f), read in context with “O. Reg. 287/08: CONDUCT REVIEW PROGRAMS” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 11(1), 19.3(1).

¹⁴² “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(a), 41(1)(b), 41(1)(c), 41(1)(c)(i), 41(1)(d), 41(1)(f), read in context with “O. Reg. 287/08: CONDUCT REVIEW PROGRAMS” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 11(1), 19.3(2).

42. What is the mandatory minimum penalty in Ontario for a person who is convicted of dangerous operation causing death committed while driving or having the care, charge or control of a motor vehicle or street car or a motorized snow vehicle?

The mandatory minimum penalty in Ontario for a person who is convicted of dangerous operation causing death committed while driving or having the care, charge or control of a motor vehicle or street car or a motorized snow vehicle is that the person’s driver’s licence is suspended for one year upon a first conviction,¹⁴³ for three years upon a first subsequent conviction,¹⁴⁴ and indefinitely upon a second subsequent conviction or an additional subsequent conviction,¹⁴⁵ although the harsher penalties do not apply when the subsequent conviction is more than ten years after the previous conviction¹⁴⁶ but when the subsequent conviction is within ten years after the previous conviction, all previous convictions that were not followed by a ten-year period without a conviction shall be taken into account for the purpose of determining the person’s driver’s licence’s suspension.¹⁴⁷ Whenever a person’s driver’s licence is suspended under this power for one year, the person’s driver’s licence, after being reinstated, is subjected to an ignition interlock condition, prohibiting the person from driving any motor vehicle that is not equipped with an ignition interlock device, for not less than one year after the person’s driver’s licence’s reinstatement.¹⁴⁸ Whenever a person’s driver’s licence is suspended under this power for three years, the person’s driver’s licence, after being reinstated, is subjected to an ignition interlock condition, prohibiting the person from driving any motor vehicle that is not equipped with an ignition interlock device, for not less than three years after the person’s driver’s licence’s reinstatement.¹⁴⁹

¹ “Criminal Code (R.S.C., 1985, c. C-46)” (26 May 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.14(1)(a),

¹⁴³ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(b), 41(1)(f), read in context with “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.13(3).

¹⁴⁴ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(b), 41(1)(g), read in context with “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.13(3).

¹⁴⁵ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(b), 41(1)(h), read in context with “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.13(3).

¹⁴⁶ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(b), 41(1)(g), 41(1)(h), 41(3), read in context with “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.13(3).

¹⁴⁷ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(b), 41(1)(g), 41(1)(h), 41(3), 41(3.0.1), read in context with “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.13(3).

¹⁴⁸ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(a), 41(1)(b), 41(1)(c), 41(1)(c)(i), 41(1)(c)(ii), 41(1)(d), 41(1)(f), read in context with “O. Reg. 287/08: CONDUCT REVIEW PROGRAMS” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 11(1), 19.3(1).

¹⁴⁹ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1)(a), 41(1)(b), 41(1)(c), 41(1)(c)(i), 41(1)(c)(ii), 41(1)(f), read in context with “O. Reg. 287/08: CONDUCT REVIEW PROGRAMS” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 11(1), 19.3(2).

43. What is the mandatory minimum penalty in Ontario for a person who is convicted of failure or refusal to comply with a demand in an incident committed in relation to driving or having the care, charge or control of a motor vehicle or street car or a motorized snow vehicle, or operating or having the care or control of a vessel?

The mandatory minimum penalty in Ontario for a person who is convicted of failure or refusal to comply with a demand in an incident committed in relation to driving or having the care, charge or control of a motor vehicle or street car or a motorized snow vehicle, or operating or having the care or control of a vessel is that the person’s driver’s licence is suspended for one year upon a first conviction,¹⁵⁰ for three years upon a first subsequent conviction,¹⁵¹ and indefinitely upon a second subsequent conviction or an additional subsequent conviction,¹⁵² although the harsher penalties do not apply when the subsequent conviction is more than ten years after the previous conviction¹⁵³ but when the subsequent conviction is within ten years after the previous conviction, all previous convictions that were not followed by a ten-year period without a conviction shall be taken into account for the purpose of determining the person’s driver’s licence’s suspension.¹⁵⁴ Whenever a person’s driver’s licence is suspended under this power for one year, the person’s driver’s licence, after being reinstated, is subjected to an ignition interlock condition, prohibiting the person from driving any motor vehicle that is not equipped with an ignition interlock device, for not less than one year after the person’s driver’s licence’s reinstatement.¹⁵⁵ Whenever a person’s driver’s licence is suspended under this power for three years, the person’s driver’s licence, after being reinstated, is subjected to an ignition interlock condition, prohibiting the person from driving any motor vehicle that is not equipped with an ignition interlock device, for not less than three years after the person’s driver’s licence’s reinstatement.¹⁵⁶

¹⁵⁰ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(c), 41(1)(c)(i), 41(1)(c)(ii), 41(1)(f), read in context with “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.15(1), 320.27(1), 320.27(1)(a), 320.27(1)(b), 320.27(2), 320.28(1), 320.28(1)(a), 320.28(1)(a)(i), 320.28(1)(a)(ii), 320.28(2), 320.28(2)(a), 320.28(2)(b), 320.28(3), 320.28(4), 320.28(4)(a), 320.28(4)(b).

¹⁵¹ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(c), 41(1)(c)(i), 41(1)(c)(ii), 41(1)(g), read in context with “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.15(1), 320.27(1), 320.27(1)(a), 320.27(1)(b), 320.27(2), 320.28(1), 320.28(1)(a), 320.28(1)(a)(i), 320.28(1)(a)(ii), 320.28(2), 320.28(2)(a), 320.28(2)(b), 320.28(3), 320.28(4), 320.28(4)(a), 320.28(4)(b).

¹⁵² “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1)(c), 41(1)(c)(i), 41(1)(c)(ii), 41(1)(g), 41(1)(h), 41(3), read in context with “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.15(1), 320.27(1), 320.27(1)(a), 320.27(1)(b), 320.27(2), 320.28(1), 320.28(1)(a), 320.28(1)(a)(i), 320.28(1)(a)(ii), 320.28(2), 320.28(2)(a), 320.28(2)(b), 320.28(3), 320.28(4), 320.28(4)(a), 320.28(4)(b).

¹⁵³ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(c), 41(1)(c)(i), 41(1)(c)(ii), 41(1)(g), 41(1)(h), 41(3), read in context with “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.15(1), 320.27(1), 320.27(1)(a), 320.27(1)(b), 320.27(2), 320.28(1), 320.28(1)(a), 320.28(1)(a)(i), 320.28(1)(a)(ii), 320.28(2), 320.28(2)(a), 320.28(2)(b), 320.28(3), 320.28(4), 320.28(4)(a), 320.28(4)(b).

¹⁵⁴ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(c), 41(1)(c)(i), 41(1)(c)(ii), 41(1)(g), 41(1)(h), 41(3), 41(3.0.1), read in context with “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.15(1), 320.27(1), 320.27(1)(a), 320.27(1)(b), 320.27(2), 320.28(1), 320.28(1)(a), 320.28(1)(a)(i), 320.28(1)(a)(ii), 320.28(2), 320.28(2)(a), 320.28(2)(b), 320.28(3), 320.28(4), 320.28(4)(a), 320.28(4)(b).

¹⁵⁵ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(a), 41(1)(b), 41(1)(c), 41(1)(c)(i), 41(1)(c)(ii), 41(1)(d), 41(1)(f), read in context with “O. Reg. 287/08: CONDUCT REVIEW PROGRAMS” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 11(1), 19.3(1).

¹⁵⁶ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(a), 41(1)(b), 41(1)(c), 41(1)(c)(i), 41(1)(c)(ii), 41(1)(f), read in context with “O. Reg. 287/08: CONDUCT REVIEW PROGRAMS” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 11(1), 19.3(2).

¹ “Criminal Code (R.S.C., 1985, c. C-46)” (26 May 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.14(1)(a),

44. What is the mandatory minimum penalty in Ontario for a person who is convicted of failure or refusal to comply with a demand in an incident involving an accident resulting in bodily harm committed in relation to driving or having the care, charge or control of a motor vehicle or street car or a motorized snow vehicle, or operating or having the care or control of a vessel?

The mandatory minimum penalty in Ontario for a person who is convicted of dangerous operation causing bodily harm committed in relation to driving or having the care, charge or control of a motor vehicle or street car or a motorized snow vehicle, or operating or having the care or control of a vessel is that the person’s driver’s licence is suspended for one year upon a first conviction,¹⁵⁷ for three years upon a first subsequent conviction,¹⁵⁸ and indefinitely upon a second subsequent conviction or an additional subsequent conviction,¹⁵⁹ although the harsher penalties do not apply when the subsequent conviction is more than ten years after the previous conviction¹⁶⁰ but when the subsequent conviction is within ten years after the previous conviction, all previous convictions that were not followed by a ten-year period without a conviction shall be taken into account for the purpose of determining the person’s driver’s licence’s suspension.¹⁶¹ Whenever a person’s driver’s licence is suspended under this power for one year, the person’s driver’s licence, after being reinstated, is subjected to an ignition interlock condition, prohibiting the person from driving any motor vehicle that is not equipped with an ignition interlock device, for not less than one year after the person’s driver’s licence’s reinstatement.¹⁶² Whenever a person’s driver’s licence is suspended under this power for three years, the person’s driver’s licence, after being reinstated, is subjected to an ignition interlock condition, prohibiting the person from driving any motor vehicle that is not equipped with an ignition interlock device, for not less than three years after the person’s driver’s licence’s reinstatement.¹⁶³

¹ “Criminal Code (R.S.C., 1985, c. C-46)” (26 May 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.14(1)(a),

¹⁵⁷ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(c), 41(1)(c)(i), 41(1)(c)(ii), 41(1)(f), read in context with “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.15(1), 320.15(2), 320.27(1), 320.27(1)(a), 320.27(1)(b), 320.27(2), 320.28(1), 320.28(1)(a), 320.28(1)(a)(i), 320.28(1)(a)(ii), 320.28(2), 320.28(2)(a), 320.28(2)(b), 320.28(3), 320.28(4), 320.28(4)(a), 320.28(4)(b).

¹⁵⁸ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(c), 41(1)(c)(i), 41(1)(c)(ii), 41(1)(g), 41(3), read in context with “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.15(1), 320.15(2), 320.27(1), 320.27(1)(a), 320.27(1)(b), 320.27(2), 320.28(1), 320.28(1)(a), 320.28(1)(a)(i), 320.28(1)(a)(ii), 320.28(2), 320.28(2)(a), 320.28(2)(b), 320.28(3), 320.28(4), 320.28(4)(a), 320.28(4)(b).

¹⁵⁹ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(c), 41(1)(f), 41(1)(h), 41(3), 41(3.0.1), read in context with “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.15(1), 320.15(2), 320.27(1), 320.27(1)(a), 320.27(1)(b), 320.27(2), 320.28(1), 320.28(1)(a), 320.28(1)(a)(i), 320.28(1)(a)(ii), 320.28(2), 320.28(2)(a), 320.28(2)(b), 320.28(3), 320.28(4), 320.28(4)(a), 320.28(4)(b).

¹⁶⁰ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(c), 41(1)(c)(i), 41(1)(c)(ii), 41(1)(g), 41(1)(h), 41(3), 41(3.0.1), read in context with “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.15(1), 320.15(2), 320.27(1), 320.27(1)(a), 320.27(1)(b), 320.27(2), 320.28(1), 320.28(1)(a), 320.28(1)(a)(i), 320.28(1)(a)(ii), 320.28(2), 320.28(2)(a), 320.28(2)(b), 320.28(3), 320.28(4), 320.28(4)(a), 320.28(4)(b).

¹⁶¹ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(c), 41(1)(c)(i), 41(1)(c)(ii), 41(3), 41(3.0.1), read in context with “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.15(1), 320.15(2), 320.27(1), 320.27(1)(a), 320.27(1)(b), 320.27(2), 320.28(1), 320.28(1)(a), 320.28(1)(a)(i), 320.28(1)(a)(ii), 320.28(2), 320.28(2)(a), 320.28(2)(b), 320.28(3), 320.28(4), 320.28(4)(a), 320.28(4)(b).

¹⁶² “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(a), 41(1)(b), 41(1)(c), 41(1)(c)(i), 41(1)(c)(ii), 41(1)(d), 41(1)(f), read in context with “O. Reg. 287/08: CONDUCT REVIEW PROGRAMS” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 11(1), 19.3(1).

¹⁶³ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(a), 41(1)(b), 41(1)(c), 41(1)(c)(i), 41(1)(c)(ii), 41(1)(f), read in context with “O. Reg. 287/08: CONDUCT REVIEW PROGRAMS” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 11(1), 19.3(2).

45. What is the mandatory minimum penalty in Ontario for a person who is convicted of failure or refusal to comply with a demand in an incident involving an accident resulting in death committed in relation to driving or having the care, charge or control of a motor vehicle or street car or a motorized snow vehicle, or operating or having the care or control of a vessel?

The mandatory minimum penalty in Ontario for a person who is convicted of failure or refusal to comply with a demand in an incident involving an accident resulting in death committed in relation to driving or having the care, charge or control of a motor vehicle or street car or a motorized snow vehicle, or operating or having the care or control of a vessel is that the person’s driver’s licence is suspended for one year upon a first conviction,¹⁶⁴ for three years upon a first subsequent conviction,¹⁶⁵ and indefinitely upon a second subsequent conviction or an additional subsequent conviction,¹⁶⁶ although the harsher penalties do not apply when the subsequent conviction is more than ten years after the previous conviction¹⁶⁷ but when the subsequent conviction is within ten years after the previous conviction, all previous convictions that were not followed by a ten-year period without a conviction shall be taken into account for the purpose of determining the person’s driver’s licence suspension.¹⁶⁸ Whenever a person’s driver’s licence is suspended under this power for one year, the person’s driver’s licence, after being reinstated, is subjected to an ignition interlock condition, prohibiting the person from driving any motor vehicle that is not equipped with an ignition interlock device, for not less than one year after the person’s driver’s licence’s reinstatement.¹⁶⁹ Whenever a person’s driver’s licence is suspended under this power for three years, the person’s driver’s licence, after being reinstated, is subjected to an ignition interlock condition, prohibiting the person from driving any motor vehicle that is not equipped with an ignition interlock device, for not less than three years after the person’s driver’s licence’s reinstatement.¹⁷⁰

¹ “Criminal Code (R.S.C., 1985, c. C-46)” (26 May 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.14(1)(a),

¹⁶⁴ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(c), 41(1)(c)(i), 41(1)(c)(ii), 41(1)(f), read in context with “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.15(1), 320.15(2), 320.27(1), 320.27(1)(a), 320.27(1)(b), 320.27(2), 320.28(1), 320.28(1)(a), 320.28(1)(a)(i), 320.28(1)(a)(ii), 320.28(2), 320.28(2)(a), 320.28(2)(b), 320.28(3), 320.28(4), 320.28(4)(a), 320.28(4)(b).

¹⁶⁵ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(c), 41(1)(c)(i), 41(1)(c)(ii), 41(1)(g), 41(3), read in context with “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.15(1), 320.15(2), 320.27(1), 320.27(1)(a), 320.27(1)(b), 320.27(2), 320.28(1), 320.28(1)(a), 320.28(1)(a)(i), 320.28(1)(a)(ii), 320.28(2), 320.28(2)(a), 320.28(2)(b), 320.28(3), 320.28(4), 320.28(4)(a), 320.28(4)(b).

¹⁶⁶ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1)(c), 41(1)(c)(i), 41(1)(c)(ii), 41(1)(g), 41(1)(h), 41(3), read in context with “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.15(1), 320.15(2), 320.27(1), 320.27(1)(a), 320.27(1)(b), 320.27(2), 320.28(1), 320.28(1)(a), 320.28(1)(a)(i), 320.28(1)(a)(ii), 320.28(2), 320.28(2)(a), 320.28(2)(b), 320.28(3), 320.28(4), 320.28(4)(a), 320.28(4)(b).

¹⁶⁷ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(c), 41(1)(c)(i), 41(1)(c)(ii), 41(1)(g), 41(1)(h), 41(3), read in context with “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.15(1), 320.15(2), 320.27(1), 320.27(1)(a), 320.27(1)(b), 320.27(2), 320.28(1), 320.28(1)(a), 320.28(1)(a)(i), 320.28(1)(a)(ii), 320.28(2), 320.28(2)(a), 320.28(2)(b), 320.28(3), 320.28(4), 320.28(4)(a), 320.28(4)(b).

¹⁶⁸ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(c), 41(1)(c)(i), 41(1)(c)(ii), 41(1)(g), 41(1)(h), 41(3), 41(3.0.1), read in context with “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.15(1), 320.15(2), 320.27(1), 320.27(1)(a), 320.27(1)(b), 320.27(2), 320.28(1), 320.28(1)(a), 320.28(1)(a)(i), 320.28(1)(a)(ii), 320.28(2), 320.28(2)(a), 320.28(2)(b), 320.28(3), 320.28(4), 320.28(4)(a), 320.28(4)(b).

¹⁶⁹ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(a), 41(1)(b), 41(1)(c), 41(1)(c)(i), 41(1)(c)(ii), 41(1)(f), read in context with “O. Reg. 287/08: CONDUCT REVIEW PROGRAMS” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 11(1), 19.3(1).

¹⁷⁰ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(a), 41(1)(b), 41(1)(c), 41(1)(c)(i), 41(1)(c)(ii), 41(1)(f), read in context with “O. Reg. 287/08: CONDUCT REVIEW PROGRAMS” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 11(1), 19.3(2).

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46. What is the mandatory minimum penalty in Ontario for a person who is convicted of operation while impaired committed in relation to driving or having the care, charge or control of a motor vehicle or street car or a motorized snow vehicle, or operating or having the care or control of a vessel?

The mandatory minimum penalty in Ontario for a person who is convicted of operation while impaired committed in relation to driving or having the care, charge or control of a motor vehicle or street car or a motorized snow vehicle, or operating or having the care or control of a vessel is that the person’s driver’s licence is suspended for one year upon a first conviction,¹⁷¹ for three years upon a first subsequent conviction,¹⁷² and indefinitely upon a second subsequent conviction or an additional subsequent conviction,¹⁷³ although the harsher penalties do not apply when the subsequent conviction is more than ten years after the previous conviction¹⁷⁴ but when the subsequent conviction is within ten years after the previous conviction, all previous convictions that were not followed by a ten-year period without a conviction shall be taken into account for the purpose of determining the person’s driver’s licence suspension.¹⁷⁵ Whenever a person’s driver’s licence is suspended under this power for one year, the person’s driver’s licence, after being reinstated, is subjected to an ignition interlock condition, prohibiting the person from driving any motor vehicle that is not equipped with an ignition interlock device, for not less than one year after the person’s driver’s licence’s reinstatement.¹⁷⁶ Whenever a person’s driver’s licence is suspended under this power for three years, the person’s driver’s licence, after being reinstated, is subjected to an ignition interlock condition, prohibiting the person from driving any motor vehicle that is not equipped with an ignition interlock device, for not less than three years after the person’s driver’s licence’s reinstatement.¹⁷⁷

¹ “Criminal Code (R.S.C., 1985, c. C-46)” (26 May 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.14(1)(a),

¹⁷¹ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(c), 41(1)(c)(i), 41(1)(c)(ii), 41(1)(f), read in context with “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.14(1), 320.14(1)(a), 320.14(1)(b), 320.14(1)(c), 320.14(1)(d).

¹⁷² “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(c), 41(1)(c)(i), 41(1)(c)(ii), 41(1)(g), read in context with “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1), 320.14(1)(a), 320.14(1)(b), 320.14(1)(c), 320.14(1)(d).

¹⁷³ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(c), 41(1)(c)(i), 41(1)(c)(ii), 41(1)(g), 41(1)(h), 41(3), read in context with “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.14(1), 320.14(1)(d).

¹⁷⁴ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1)(c), 41(1)(c)(i), 41(1)(c)(ii), 41(3), read in context with “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.14(1)(c), 320.14(1)(d).

¹⁷⁵ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1)(c), 41(1)(c)(i), 41(1)(c)(ii), 41(3), read in context with “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.14(1)(c), 320.14(1)(d).

¹⁷⁶ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(a), 41(1)(b), 41(1)(c), 41(1)(c)(i), 41(1)(c)(ii), 41(1)(f), read in context with “O. Reg. 287/08: CONDUCT REVIEW PROGRAMS” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 11(1), 19.3(1).
¹⁷⁷ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(a), 41(1)(b), 41(1)(c), 41(1)(c)(i), 41(1)(c)(ii), 41(1)(f), read in context with “O. Reg. 287/08: CONDUCT REVIEW PROGRAMS” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 11(1), 19.3(2).

47. What is the mandatory minimum penalty in Ontario for a person who is convicted of operation while impaired causing bodily harm committed in relation to driving or having the care, charge or control of a motor vehicle or street car or a motorized snow vehicle, or operating or having the care or control of a vessel?

The mandatory minimum penalty in Ontario for a person who is convicted of operation while impaired causing bodily harm committed in relation to driving or having the care, charge or control of a motor vehicle or street car or a motorized snow vehicle, or operating or having the care or control of a vessel is that the person’s driver’s licence is suspended for one year upon a first conviction,¹⁷⁸ for three years upon a first subsequent conviction,¹⁷⁹ and indefinitely upon a second subsequent conviction or an additional subsequent conviction,¹⁸⁰ although the harsher penalties do not apply when the subsequent conviction is more than ten years after the previous conviction¹⁸¹ but when the subsequent conviction is within ten years after the previous conviction, all previous convictions that were not followed by a ten-year period without a conviction shall be taken into account for the purpose of determining the person’s driver’s licence suspension.¹⁸² Whenever a person’s driver’s licence is suspended under this power for one year, the person’s driver’s licence, after being reinstated, is subjected to an ignition interlock condition, prohibiting the person from driving any motor vehicle that is not equipped with an ignition interlock device, for not less than one year after the person’s driver’s licence’s reinstatement.¹⁸³ Whenever a person’s driver’s licence is suspended under this power for three years, the person’s driver’s licence, after being reinstated, is subjected to an ignition interlock condition, prohibiting the person from driving any motor vehicle that is not equipped with an ignition interlock device, for not less than three years after the person’s driver’s licence’s reinstatement.¹⁸⁴

¹ “Criminal Code (R.S.C., 1985, c. C-46)” (26 May 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.14(1)(a),

¹⁷⁸ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(c), 41(1)(c)(i), 41(1)(c)(ii), 41(1)(f), read in context with “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1), 320.14(1)(a), 320.14(1)(b), 320.14(1)(c), 320.14(1)(d).

¹⁷⁹ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(c), 41(1)(c)(i), 41(1)(c)(ii), 41(1)(g), read in context with “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1), 320.14(1)(a), 320.14(1)(c), 320.14(1)(d), 320.14(2).

¹⁸⁰ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(c), 41(1)(c)(i), 41(1)(c)(ii), 41(1)(h), read in context with “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1), 320.14(1)(c), 320.14(1)(d), 320.14(2).

¹⁸¹ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(c), 41(1)(c)(i), 41(1)(c)(ii), 41(1)(g), 41(1)(h), 41(3), read in context with “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1), 320.14(1)(a), 320.14(1)(b), 320.14(1)(c), 320.14(1)(d), 320.14(2).

¹⁸² “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(c), 41(1)(c)(i), 41(1)(c)(ii), 41(1)(g), 41(1)(h), 41(3), 41(3.0.1), read in context with “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1), 320.14(1)(a), 320.14(1)(b), 320.14(1)(c), 320.14(1)(d), 320.14(2).

¹⁸³ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(a), 41(1)(b), 41(1)(c), 41(1)(c)(i), 41(1)(c)(ii), 41(1)(f), read in context with “O. Reg. 287/08: CONDUCT REVIEW PROGRAMS” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 11(1), 19.3(1).

¹⁸⁴ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(a), 41(1)(b), 41(1)(c), 41(1)(c)(i), 41(1)(c)(ii), 41(1)(f), read in context with “O. Reg. 287/08: CONDUCT REVIEW PROGRAMS” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 11(1), 19.3(2).

48. What is the mandatory minimum penalty in Ontario for a person who is convicted of operation while impaired causing death committed in relation to operating or having the care or control of a vessel?

The mandatory minimum penalty in Ontario for a person who is convicted of operation while impaired causing death committed in relation to operating or having the care or control of a vessel is that the person’s driver’s licence is suspended for one year upon a first conviction,¹⁸⁵ for three years upon a first subsequent conviction,¹⁸⁶ and indefinitely upon a second subsequent conviction or an additional subsequent conviction,¹⁸⁷ although the harsher penalties do not apply when the subsequent conviction is more than ten years after the previous conviction¹⁸⁸ but when the subsequent conviction is within ten years after the previous conviction, all previous convictions that were not followed by a ten-year period without a conviction shall be taken into account for the purpose of determining the person’s driver’s licence’s suspension.¹⁸⁹ Whenever a person’s driver’s licence is suspended under this power for one year, the person’s driver’s licence, after being reinstated, is subjected to an ignition interlock condition, prohibiting the person from driving any motor vehicle that is not equipped with an ignition interlock device, for not less than one year after the person’s driver’s licence’s reinstatement.¹⁹⁰ Whenever a person’s driver’s licence is suspended under this power for three years, the person’s driver’s licence, after being reinstated, is subjected to an ignition interlock condition, prohibiting the person from driving any motor vehicle that is not equipped with an ignition interlock device, for not less than three years after the person’s driver’s licence’s reinstatement.¹⁹¹

¹ “Criminal Code (R.S.C., 1985, c. C-46)” (26 May 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.14(1)(a),

¹⁸⁵ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(c), 41(1)(c)(i), 41(1)(f), read in context with “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1), 320.14(1)(a), 320.14(1)(b), 320.14(1)(c), 320.14(1)(d), 320.14(3).

¹⁸⁶ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(c), 41(1)(c)(i), 41(1)(g), read in context with “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1), 320.14(1)(a), 320.14(1)(b), 320.14(1)(c), 320.14(1)(d), 320.14(3).

¹⁸⁷ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(c), 41(1)(c)(i), 41(1)(g), 41(1)(h), read in context with “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1), 320.14(1)(a), 320.14(1)(b), 320.14(1)(c), 320.14(1)(d), 320.14(3).

¹⁸⁸ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(c), 41(1)(c)(i), 41(1)(g), 41(1)(h), read in context with “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1), 320.14(1)(a), 320.14(1)(b), 320.14(1)(c), 320.14(1)(d), 320.14(3).

¹⁸⁹ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(c), 41(1)(c)(i), 41(1)(g), 41(1)(h), 41(3), 41(3.0.1), read in context with “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1), 320.14(1)(a), 320.14(1)(b), 320.14(1)(c), 320.14(1)(d), 320.14(3).

¹⁹⁰ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(a), 41(1)(b), 41(1)(c), 41(1)(c)(i), 41(1)(c)(ii), 41(1)(d), 41(1)(f), read in context with “O. Reg. 287/08: CONDUCT REVIEW PROGRAMS” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at s 11(1), 19.3(1).

¹⁹¹ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(a), 41(1)(b), 41(1)(c), 41(1)(c)(i), 41(1)(c)(ii), 41(1)(d), 41(1)(f), read in context with “O. Reg. 287/08: CONDUCT REVIEW PROGRAMS” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at s 11(1), 19.3(2).

49. What is the mandatory minimum penalty in Ontario for a person who is convicted of operation while impaired causing death committed while driving or having the care, charge or control of a motor vehicle or street car within the meaning of this Act or a motorized snow vehicle?

The mandatory minimum penalty in Ontario for a person who is convicted of operation while impaired causing death committed while driving or having the care, charge or control of a motor vehicle or street car within the meaning of this Act or a motorized snow vehicle is that the person’s driver’s licence is suspended indefinitely.¹⁹²

¹ “Criminal Code (R.S.C., 1985, c. C-46)” (26 May 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.14(1)(a),

¹⁹² “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at s 41.0.1(1), read in context with “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1), 320.14(1)(a), 320.14(1)(b), 320.14(1)(c), 320.14(1)(d), 320.14(3).

50. What is the mandatory minimum penalty in Ontario for a person who is convicted of driving a motor vehicle or a street car on a highway while having the person’s driver’s licence suspended under Ontarian law?

The mandatory minimum penalty in Ontario for a person who is convicted of driving a motor vehicle or a street car on a highway while having the person’s driver’s licence suspended under Ontarian law is, for a first offence, a fine of not less than $1,000¹⁹³ and for each subsequent offence, a fine of not less than $2,000.¹⁹⁴

¹ “Criminal Code (R.S.C., 1985, c. C-46)” (26 May 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.14(1)(a),

¹⁹³ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 53(1), 53(1)(a).

¹⁹⁴ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 53(1), 53(1)(b).

51. Can a person’s indefinite driver’s licence’s suspension under Ontarian law be ended?

Where a driver’s licence has been suspended indefinitely under for a second subsequent conviction for an offence related to operating a conveyance, the Registrar may, after ten years, reduce the period of suspension and reinstate the driver’s licence if the Registrar is satisfied that the person has successfully completed the remedial program or programs the person is required to complete;¹⁹⁵ has successfully completed any examinations that the person is required to complete;¹⁹⁶ has not pleaded guilty, been found guilty, or been convicted of an offence related to operating a conveyance during the immediately preceding ten-year period;¹⁹⁷ and has not contravened the suspension during the immediately preceding ten-year period.¹⁹⁸ If any of the convictions that resulted in the indefinite suspension were for an offence of operation while impaired or failure or refusal to comply with a demand in an incident, the reinstated driver’s licence shall be subject to an ignition interlock condition prohibiting the person from driving any motor vehicle that is not equipped with an ignition interlock device for at least six years after the reinstatement, and an ignition interlock device shall be installed for at least six years before the condition can be removed.¹⁹⁹

¹ “Criminal Code (R.S.C., 1985, c. C-46)” (26 May 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.14(1)(a),

¹⁹⁵ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(a), 41(1)(b), 41(1)(c), 41(1)(c)(i), 41(1)(c)(ii), 41(1)(d), 41(1)(h), read in context with “O. Reg. 287/08: CONDUCT REVIEW PROGRAMS” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at s 22.3(1), 22.3(1)(a).

¹⁹⁶ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(a), 41(1)(b), 41(1)(c), 41(1)(c)(i), 41(1)(c)(ii), 41(1)(d), 41(1)(h), read in context with “O. Reg. 287/08: CONDUCT REVIEW PROGRAMS” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at s 22.3(1), 22.3(1)(b).

¹⁹⁷ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(a), 41(1)(b), 41(1)(c), 41(1)(c)(i), 41(1)(c)(ii), 41(1)(d), 41(1)(h), read in context with “O. Reg. 287/08: CONDUCT REVIEW PROGRAMS” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at s 22.3(1), 22.3(1)(c).

¹⁹⁸ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(a), 41(1)(b), 41(1)(c), 41(1)(c)(i), 41(1)(c)(ii), 41(1)(d), 41(1)(h), read in context with “O. Reg. 287/08: CONDUCT REVIEW PROGRAMS” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at s 22.3(1), 22.3(1)(d).
¹⁹⁹ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 41(1), 41(1)(c), 41(1)(c)(i), 41(1)(c)(ii), 41(1)(h), 41.0.1(1), read in context with “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.14(1), 320.14(1)(a), 320.14(1)(b), 320.14(1)(c), 320.14(1)(d), 320.14(2), 320.15(1), 320.15(2), 320.15(3), 320.27(1)(a), 320.27(1)(b), 320.28(1)(a), 320.28(1)(a)(i), 320.28(1)(a)(ii), 320.28(2), 320.28(2)(a), 320.28(2)(b), 320.28(3), 320.28(4), 320.28(4)(a), 320.28(4)(b), and with “O. Reg. 287/08: CONDUCT REVIEW PROGRAMS” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 11(1), 22.3(2).

52. What are the requirements associated with an ignition interlock device?

The ignition interlock device shall be installed by a person authorized by the Minister of Transportation to install, inspect and maintain ignition interlock devices²⁰⁰ and shall bear a sticker in the form approved by the Minister of Transportation.²⁰¹

An ignition interlock device shall be installed pursuant to a request or requirement under this Regulation O. Reg. 287/08: CONDUCT REVIEW PROGRAMS,²⁰² have a sticker satisfactory to the Ministry of Transportation affixed to it,²⁰³ uses alcohol-specific sensing technology that will not permit a false reading based on the introduction of another substance,²⁰⁴ and meet the standards set out in the document “Model Specifications for Breath Alcohol Ignition Interlock Devices (BAIIDs)”, published by the National Highway Traffic Safety Administration, Department of Transportation, Docket No. NHTSA-2013-0058, available on the Internet through the website of the Federal Register of the United States Government.²⁰⁵

¹ “Criminal Code (R.S.C., 1985, c. C-46)” (26 May 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at s 320.14(1)(a),

²⁰⁰ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at s 1(1), read in context with “O. Reg. 287/08: CONDUCT REVIEW PROGRAMS” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 9, 11(1), 11(2).

²⁰¹ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at s 1(1), read in context with “O. Reg. 287/08: CONDUCT REVIEW PROGRAMS” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 9, 11(1), 11(2).

²⁰² “O. Reg. 287/08: CONDUCT REVIEW PROGRAMS” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 12(1), 12(1).

²⁰³ “Highway Traffic Act, R.S.O. 1990, c. H.8” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at s 1(1), read in context with “O. Reg. 287/08: CONDUCT REVIEW PROGRAMS” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 12(1), 12(1)(2).

²⁰⁴ “O. Reg. 287/08: CONDUCT REVIEW PROGRAMS” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 12(1), 12(1)(3).

²⁰⁵ “O. Reg. 287/08: CONDUCT REVIEW PROGRAMS” (28 July 2026) https://www.ontario.ca/laws/statute/90h08 at ss 12(1), 12(1)(4).

1. What assumptions are made in these questions and answers?

Every demand, test, and analysis is assumed to be lawful and accurate in these questions and answers, because these questions and answers are about the mandatory minimum penalties arising from failures associated with such demand, tests, and analyses rather than about whether such demands, tests, and analyses are proper bases for the mandatory minimum penalties.

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2. What are the mandatory minimum penalties for being convicted of dangerous operation at the federal level?

The mandatory minimum penalties for being convicted of dangerous operation at the federal level are as follows.

No mandatory minimum penalty when convicted of dangerous operation as an indictable offence.¹

No mandatory minimum penalty when convicted of dangerous operation as an offence punishable on summary conviction.²

¹ “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.13(1), 320.19(5), 320.19(5)(c).

² “Criminal Code (R.S.C., 1985, c. C-46)” (14 June 2026) https://laws.justice.gc.ca/eng/acts/C-46/FullText.html at ss 320.13(1), 320.19(5), 320.19(5)(b).

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Case: R. v. A.T. Charge: Impaired Driving Over 80 Result: Criminal Charge Withdrawn

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Case: R. v. A.T.
Charge: Impaired Driving Over 80
Result: Criminal Charge Withdrawn