Alcohol Ignition Interlock Program Regulations
made under subsection 67(13) of the
Motor Vehicle Act
R.S.N.S. 1989, c. 293
O.I.C. 2008-309 (effective September 30, 2008), N.S. Reg. 298/2008
amended to O.I.C. 2020-333 (effective December 15, 2020), N.S. Reg. 185/2020
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
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Citation
Definitions
Alcohol ignition interlock program established
Mandatory and voluntary participation in Program
Eligibility for Program
Application other than by person with fourth revocation
Review of application from other than person with fourth revocation
Program eligibility screening for person with fourth revocation
Application by person with fourth revocation
Registrar’s letter of acceptance into Program
Installation of approved device
Issuance of interlock license
Participant’s duties
Monitoring participants in Program
Inspection and maintenance of approved device
Counselling by Addiction Services
Dismissal from Program
Re-admission into Program
Temporary leave from Program
Duration of Program
Extending duration of Program
Application for release from Program
Factors for determining release from Program
No application for restoration of regular license until released from Program
Registrar’s decision on application for release from Program
Offences
Owner of vehicle deemed guilty of offence
Penalties
Peace officer may inspect equipped vehicle
Administrative sanctions by Registrar
Written authorization to install approved devices
Attaching approval sticker when approved device installed
Records
Citation
1 These regulations may be cited as the Alcohol Ignition Interlock Program Regulations.
Definitions
2 In these regulations,
“Act” means the Motor Vehicle Act;
“Addiction Services” means an addiction services office operated as a health
service by a health authority as defined in the Health Authorities Act;
“alcohol rehabilitation program” means a program as defined in Section 2 of the
Alcohol Rehabilitation Programs Regulations made under the Act, or an
equivalent program from another jurisdiction recognized by the Registrar;
“alcohol interlock device” means a breath alcohol screening device installed in a
vehicle and intended to prevent the starting of the vehicle motor if it detects a
blood alcohol concentration over a pre-set limit;
“applicant” means a person who is applying to participate in the Program or be
released from the Program;
“approval sticker” means a sticker attached to an alcohol interlock device by an
authorized person to identify the device as an approved device;
“approved device” means an alcohol interlock device approved by the Registrar for
use in the Program;
“authorized person” means a person authorized by the Registrar to install,
maintain, monitor and remove approved devices;
“authorized service provider” means an entity approved by the Minister to provide
approved devices, authorized persons and Program support;
“Criminal Code” means the Criminal Code (Canada);
“equipped vehicle” means a motor vehicle that is equipped with an approved
device under the Program;
“fourth revocation” means a subsequent revocation as defined in subsection
67(6A) or (7A) of the Act in which the driver’s license or privilege of obtaining a
driver’s license is revoked for the fourth or a subsequent time;
“high-risk first offender” means a person whose driver’s license or privilege of
obtaining a driver’s license has been revoked for the first time under subsection
67(6A) of the Act and who is considered to be high risk when assessed under an
alcohol rehabilitation program;
“interlock license” means a driver’s license issued by the Registrar to operate an
equipped vehicle under the Program;
“nurse practitioner” means a nurse practitioner licensed under the Nursing Act;
“participant” means a person who has been accepted or ordered into the Program
and issued an interlock license;
“Program” means the Alcohol Ignition Interlock Program established under
Section 3;
“regular license”, except in the definition of “interlock license”, means a driver’s
license other than an interlock license, or the privilege of obtaining a driver’s
license other than an interlock license;
“revocation period” means the applicable mandatory period set under subsection
67(5) of the Act during which a person’s regular license is revoked;
“second revocation” means second revocation as defined in subsections 67(6A) or
(7A) of the Act;
“third revocation” means a subsequent revocation as defined in subsection 67(6A)
or (7A) of the Act in which the driver’s license or privilege of obtaining a driver’s
license is revoked for the third time.
Alcohol ignition interlock program established
3 The Alcohol Ignition Interlock Program administered by the Registrar is established as
an ignition interlock program for the purposes of subsection 67(13) and Section 280A of
the Act, and provides for eligible persons to operate equipped vehicles under the
conditions of an interlock license, the Program, and these regulations while their regular
license is revoked for an alcohol-related offence under the Criminal Code or when
ordered to participate in the Program.
Mandatory and voluntary participation in Program
4 (1) A person whose regular license is revoked for the first time for a violation of
subsection 320.14(1) or 320.15(1) of the Criminal Code, if the violation involved
alcohol, may apply to participate in the Program.
(2) Except as provided in subsection (3), the following persons must participate in the
Program before they can apply to have their regular license restored:
(a) a high-risk first offender;
(b) a person who has had a subsequent revocation as defined in subsection
67(6A) or (7A) of the Act of their driver’s license or privilege of obtaining a
driver’s license for a violation of any of the following provisions of the
Criminal Code:
(i) subsection 320.14(1), if the violation involved alcohol,
(ii) subsection 320.15(1), if the violation involved alcohol,
(iii) subsection 320.18(1), if the prohibition was for an alcohol-related
offence;
(c) a person whose regular license has been revoked for a violation of
subsection 320.14(2), 320.14(3), 320.15(2) or 320.15(3) of the Criminal
Code, if the violation involved alcohol;
(ca) a person whose license has been revoked for a violation of section 320.14 or
320.15 of the Criminal Code, if the violation involved alcohol and who is
subject to an additional period of revocation under subsection 67(5C) of the
Act;
(d) a person ordered to participate in the Program under Section 280A of the
Act.
(3) A non-resident is exempt from the requirements of subsection (2) if they meet all
of the following requirements:
(a) they have applied to and been accepted for participation in an alcohol
ignition interlock program that is established by another province or state
and is recognized by the Registrar;
(b) they provide confirmation to the Registrar that an alcohol interlock device
has been installed in the vehicle that they will operate.
Eligibility for Program
5 (1) An applicant may apply to the Registrar to participate in the Program.
(2) Subject to Sections 7A and 7B with respect to an applicant with a fourth
revocation, an applicant is eligible to participate in the program during their
revocation period if all of the following requirements are met:
(a) the applicable minimum wait period established under subsection
320.24(10) of the Criminal Code has expired;
(b) the following wait period has expired, beginning with the date of the
person’s most recent revocation under Section 278 for a violation of section
320.14 or 320.15 of the Criminal Code, if the violation involved alcohol, or
section 320.18 of the Criminal Code, if the original prohibition involved
alcohol:
(i) any period fixed by order of the court, for a first revocation,
(ii) 3 months, for a second revocation,
(iii) 6 months, for a third revocation,
(iv) 10 years, for a fourth revocation;
(c) the applicant is not otherwise prohibited or disqualified from driving under
the Act or a law of another jurisdiction;
(d) the applicant meets all other requirements for issuance of a regular license
under the Act and the regulations made under the Act.
(3) A person whose regular license has been revoked for a violation of subsection
320.14(2), 320.14(3), 320.15(2) or 320.15(3) of the Criminal Code, if the violation
involved alcohol, is not eligible to participate in the Program until after their
revocation period expires.
(4) In addition to the other requirements in this Section, a person with a fourth
revocation must meet all of the following conditions to be eligible to be considered
for participation in the Program in accordance with Section 7A:
(a) during the 10-year period immediately before the date of their application to
the Program, the person did not have any moving motor vehicle convictions
under either the Act or an equivalent enactment in another jurisdiction;
(b) during the period when the person was prohibited from operating a motor
vehicle, the person did not operate a motor vehicle;
(c) the person’s most recent risk rating by a counsellor with Addiction Services
is an overall low risk rating.
Application other than by person with fourth revocation
6 An application for participation in the Program, other than by a person with a fourth
revocation, may be made by submitting all of the following to the Registrar in the
manner required by the Registrar:
(a) a completed Program participation application in the form required by the
Registrar;
(b) the interlock license fee set by the Governor in Council;
(c) documentation demonstrating that the applicant is enrolled in the alcohol
rehabilitation program.
Review of application from other than person with fourth revocation
7 (1) The Registrar may consider any applicant for participation in the Program, other
than an applicant with a fourth revocation, who meets the applicable eligibility
requirements in Section 5 and who submits an application in accordance with
Section 6.
(2) The Registrar must review each application for participation and must consider the
following factors when deciding whether to accept an applicant into the Program:
(a) the applicant’s driving history, especially in relation to incidents of alcohol-related driving, whether or not those incidents led to convictions for
violations of the Criminal Code;
(b) any information that has been made available to the Registrar from
Addiction Services or through the applicant’s participation in an alcohol
rehabilitation program;
(c) any medical information that the Registrar considers relevant to the person’s
ability to operate a motor vehicle and participate in the Program;
(d) any factors the Registrar considers relevant to the person’s ability to operate
a motor vehicle and participate in the Program.
Program eligibility screening for person with fourth revocation
7A (1) In this Section, “risk assessment report” means a risk assessment report prepared
by a counsellor with Addiction Services that meets the requirements of subsection
(4).
(2) Before applying for the Program in accordance with Section 7B, a person with a
fourth revocation must submit all of the following to the Registrar for a Program
eligibility screening:
(a) a completed Program eligibility screening request in the form required by
the Registrar;
(b) the results of an official criminal record check that was conducted within the
year preceding the date of the person’s request for the Program eligibility
screening;
(c) an official driving abstract, dated within the year preceding the date of the
person’s request for the Program eligibility screening, from each jurisdiction
where the person resided or worked during the previous 10 years;
(d) a medical fitness report from a qualified medical practitioner or nurse
practitioner;
(e) supporting information that the Registrar determines is sufficient to allow
the Registrar to determine the likelihood of the individual successfully
following and completing the Program.
(3) If, after reviewing the Program eligibility screening submissions provided under
subsection (2), the Registrar is satisfied that the person might be an eligible
candidate for acceptance into the Program, the Registrar must notify the person that
they are eligible to apply for the Program and advise the person that, to continue
with their eligibility screening, they must provide the Registrar with a recent risk
assessment report.
(4) A risk assessment report must include the counsellor’s level of risk rating for the
person who is the subject of the report, and any other information that the
counsellor thinks is relevant for the Registrar in considering the person for
participation in the Program.
(5) If a risk assessment report indicates that the person who is the subject of the report
has an overall low risk rating, and the Registrar is satisfied that the person meets
the eligibility criteria in Section 5 and is likely to be successful in following and
completing the Program, the Registrar must notify the person that they may apply
for the Program in accordance with Section 7B.
(6) A person who requests a Program eligibility screening under this Section but is
denied permission to apply to participate in the Program must wait at least 1 year
from the date of their request before requesting another Program eligibility
screening.
Application by person with fourth revocation
7B (1) A person with a fourth revocation who wishes to apply to participate in the
Program must, no later than 6 months after the date of the notice issued by the
Registrar under subsection 7A(5), submit all of the following to the Registrar in the
manner required by the Registrar:
(a) a completed Program participation application for a person with a fourth
revocation in the form required by the Registrar;
(b) the interlock license fee set by Governor in Council.
(2) The Registrar must consider all of the following factors in deciding whether to
accept a Program participation application from a person with a fourth revocation:
(a) the eligibility requirements of subsection 5(4);
(b) the factors set out in subsection 7(2).
(3) If the Registrar is satisfied that an applicant with a fourth revocation should be
accepted into the Program the Registrar must notify the applicant that they are
accepted into the Program.
(4) The Registrar must provide a letter of acceptance in accordance with subsection
8(1), for use as indicated in subsection 8(2), to an applicant who has been accepted
into the Program under subsection (3) and who has paid the reinstatement fee as
required by subsection 68(1) of the Act and any other applicable fees.
(5) An applicant with a fourth revocation whose Program participation application is
denied must wait at least 1 year from the date of their application before requesting
another Program eligibility screening under Section 7A.
Registrar’s letter of acceptance into Program
8 (1) On accepting an applicant for participation in the Program, the Registrar must issue
a letter of acceptance to the applicant that approves the installation of an approved
device for use by the applicant and identifies the applicant as having been accepted
into the Program.
(2) An applicant must present the Registrar’s letter of acceptance to an authorized
person for installation of an approved device.
Installation of approved device
9 (1) An applicant who holds a letter of acceptance into the Program from the Registrar
may have an approved device installed in a motor vehicle at their expense.
(2) An applicant who has an approved device installed in a motor vehicle must
execute the agreement required by the authorized service provider.
(3) An applicant who has an approved device installed in a motor vehicle that is
owned by another person must provide the authorized person with written
authorization from the vehicle owner giving the applicant permission to have the
approved device installed in the vehicle.
(4) A motor vehicle owner who authorizes the installation of an approved device in
their vehicle under subsection (3) may revoke the authorization at any time for any
reason by providing the Registrar with the revocation in writing, and the participant
must ensure that the approved device is removed promptly by an authorized person
at the participant’s expense.
Issuance of interlock license
10 (1) Once an applicant has an approved device installed in accordance with Section 9,
the Registrar may issue the applicant an interlock license that identifies the driver
as a participant in the Program under the condition that the participant is restricted
to driving a specific equipped vehicle or equipped vehicles in accordance with the
Program and these regulations.
(2) The issuance of an interlock license does not affect the revocation or suspension of
a participant’s regular license and their regular license remains revoked or
suspended for the full period required by law regardless of their participation in the
Program.
Participant’s duties
11 A participant in the Program must do all of the following as a condition of their
continued participation in the Program:
(a) have any equipped vehicle and approved devices inspected as required by
Section 13;
(b) meet with a counsellor at Addiction Services as required under Section 14;
(c) pay all expenses associated with participation in the Program.
Monitoring participants in Program
12 (1) All data from an approved device is deemed to be that of the participant assigned
to that device.
(2) The Registrar must review, or may direct another person to review, the reports
generated by an authorized person or authorized service provider under Section 31.
Inspection and maintenance of approved device
13 (1) Except as provided in subsection (2), a participant must bring the equipped vehicle
and the approved device back to the authorized person that installed the device, or
to a facility designated by the authorized person, for inspection, maintenance and
reporting at least once every 60 days.
(2) For an approved device in an equipped vehicle that is designed to be inspected and
maintained by removing a component from it, a participant must do all of the
following at least once every 60 days:
(a) ensure that the component is removed, in accordance with the instructions
of the authorized person that installed the device, and bring it back to the
authorized person that installed the device, or to a facility designated by the
authorized person, for inspection and maintenance;
(b) ensure that the replacement component provided to the participant by the
authorized person is installed back into the approved device in accordance
with the instructions of the authorized person.
Counselling by Addiction Services
14 (1) A participant must meet with a counsellor at Addiction Services no later than 10
days after the inspection required by Section 13 and, unless otherwise directed
under subsection (3), once in every 60 days after the initial meeting.
(2) A counsellor at Addiction Services may recommend any of the following to the
Registrar:
(a) that a participant meet with a counsellor less frequently than required by
subsection (1), if the counsellor believes that the participant has
demonstrated positive and sustained behaviour change in relation to their
use of alcohol;
(b) that a participant meet with a counsellor more frequently than required by
subsection (1), if the counsellor believes that the participant has not
demonstrated an improvement in behaviour.
(3) Based on the recommendation of a counsellor under subsection (2), the Registrar
may require a participant to meet with a counsellor at Addiction Service at
specified intervals.
(4) If a participant fails to meet with a counsellor at Addiction Services as required
under this Section, Addiction Services must notify the Registrar no later than 10
days after the missed appointment.
15 [repealed]
Dismissal from Program
16 (1) In addition to any dismissal required under these regulations, the Registrar may
dismiss a person from the Program at any time for any reason and must
communicate any dismissal in writing to the dismissed person by registered mail.
(2) When the Registrar dismisses a participant from the Program, the participant’s
interlock license is automatically revoked.
(3) A person who is dismissed from the Program must ensure that all approved
devices are removed at their expense from all equipped vehicles specified on their
interlock license.
Re-admission into Program
17 (1) A person for whom participation in the Program is a condition of reinstatement of
their regular license who is dismissed from the Program must re-apply for
admission to the Program in accordance with Section 6.
(2) An application for re-admission into the Program cannot be made until 90 days
after the date the person was dismissed from the Program.
Temporary leave from Program
17A (1) On request, the Registrar may grant a participant a temporary leave from the
Program and may specify terms and conditions for the leave.
(2) A participant’s interlock license is suspended during any temporary leave granted
under subsection (1).
(3) For the purpose of calculating the continuous period of participating in the
Program under Section 18, the participation time in the Program before a
temporary leave is granted may be added to the participation time in the Program
following the end of the temporary leave period.
(4) A person who operates a vehicle during a temporary leave must be dismissed from
the Program by the Registrar.
Duration of Program
18 (1) A participant participating in the Program during their revocation period must
continue in the Program for the full period of their revocation period under Section
67 of the Act, and nothing in this Section shortens their revocation period.
(2) A participant’s participation in the Program begins on the date that they are issued
an interlock license.
(3) A person whose license has been revoked for a violation of subsection 320.14(1)
or 320.15(1) of the Criminal Code, if the violation involved alcohol, or subsection
320.18(1) of the Criminal Code, if the original prohibition involved alcohol, must
participate in the Program for the following applicable minimum period:
(a) for a first revocation, a minimum continuous period equal to the amount of
time remaining in the 1-year revocation period required by clause 67(5)(ba)
of the Act;
(b) for a high-risk first offender, a minimum continuous period of 1 year;
(c) for a second revocation, a minimum continuous period of 2 years;
(d) for a third revocation, a minimum continuous period of 3 years;
(e) for a fourth revocation, a minimum continuous period of 5 years following
the minimum revocation period in the Act.
(4) A person whose license has been revoked for a violation of subsection 320.14(2),
320.14(3), 320.15(2) or 320.15(3) of the Criminal Code must participate in the
Program for the following applicable minimum period:
(a) for a first revocation, a minimum continuous period of 2 years after the
minimum revocation period in the Act;
(b) for a second revocation, a minimum period of 5 years after the minimum
revocation period in the Act.
(5) A person ordered into the Program under Section 280A of the Act must participate
in the Program for a minimum period set by the Registrar.
(5A) A person whose license has been revoked for a violation of section 320.14 or
320.15 of the Criminal Code and who is subject to an additional period of
revocation under subsection 67(5C) of the Act must participate in the Program for
a minimum continuous period of 12 months.
(5B) Except as provided in subsection (5C), the minimum period of participation in the
Program required by subsection (5A) must be served following the end of any
other period of participation in the Program required by this Section.
(5C) A person whose license has been revoked for a violation of section 320.14 of the
Criminal Code and who is not required to participate in the Program except by
subsection (5A) may serve the minimum period of participation required by
subsection (5A) concurrently with the period required by clause (3)(a) for any
voluntary participation in the Program.
(6) If a person who is dismissed from the Program successfully re-applies to
participate in the Program again, unless otherwise directed by the Registrar, the
applicable time period in subsection (2), (3), (4) or (5) restarts and no time
previously spent in the Program is deducted from the required minimum duration
of the Program.
Extending duration of Program
19 (1) The Registrar may extend a participant’s participation in the Program based on the
factors set out in Section 21, or for a violation of these regulations in accordance
with Section 28 and shall notify the participant by registered mail.
(2) A participant whose participation in the Program is extended must participate in
the Program for a further continuous period set by the Registrar.
Application for release from Program
20 (1) Once a participant has completed the required participation period under Section
18 or 19, a participant must apply to the Registrar to be released from the Program.
(2) An application for release from the Program may be made by submitting all of the
following to the Registrar in the manner prescribed by the Registrar:
(a) a completed Program release application form prescribed by the Registrar;
(b) the application fee set by the Minister;
(c) a recommendation from Addiction Services supporting the application.
Factors for determining release from Program
21 The Registrar must consider the following factors when deciding whether to release an
applicant from the Program:
(a) the results of reports generated by an authorized service provider under
Section 31;
(b) the regularity with which the equipped vehicle was driven by the participant
during their participation in the Program;
(c) any incidents or reports of alcohol-related driving involving the participant,
whether or not those incidents led to convictions for violations of the
Criminal Code;
(d) any relevant information made available to the Registrar by Addiction
Services;
(e) any factors the Registrar considers relevant to the participant’s readiness to
be released from the Program.
No application for restoration of regular license until released from Program
22 A participant is not eligible to apply for restoration of their regular license until the
Registrar has released them from the Program under Section 23.
Registrar’s decision on application for release from Program
23 (1) The Registrar may approve or deny an application for release from the Program.
(2) If the Registrar releases a participant from the Program, the participant must at
their own expense have the approved device removed from the equipped vehicle or
vehicles specified in their interlock license.
(3) If the Registrar rejects an application for release from the Program, the Registrar
may extend the Program and must notify the applicant in writing by registered mail
and indicate a date after which the participant may re-apply for release from the
Program.
Offences
24 (1) A person who holds an interlock license who does any of the following is guilty of
an offence and is liable to the applicable penalty set out in Section 26:
(a) tampers with an approved device or operates an equipped vehicle that has
been tampered with;
(b) fails to take equipped vehicles or approved devices for scheduled
inspections as required by Section 13;
(c) solicits a breath sample from another person to assist them to do any of the
following while the interlock license holder is in control of an equipped
vehicle:
(i) start the equipped vehicle,
(ii) keep the equipped vehicle in motion.
(2) A person who knowingly assists a person who holds an interlock license to do any
of the following is guilty of an offence and is liable to the applicable penalty set
out in Section 26:
(a) start an equipped vehicle while the interlock license holder is in control of
the equipped vehicle;
(b) keep an equipped vehicle in motion while the interlock license holder is in
control of the equipped vehicle;
(c) tamper with an approved device.
(3) A person who allows a person who holds an interlock license to operate a motor
vehicle other than an equipped vehicle specified in their interlock license is guilty
of an offence and liable to the applicable penalty in Section 26.
Owner of vehicle deemed guilty of offence
25 If the person who committed an offence involving a motor vehicle under subsection
24(1), (2) or (3) cannot be determined, the owner of the motor vehicle involved is guilty
of the offence.
Penalties
26 (1) Any person who violates any of the provisions of Section 24 involving a passenger
vehicle is guilty of an offence and liable on summary conviction to the penalties
provided for a category G offence in the Summary Proceedings Act.
(2) Any person who violates any of the provisions of Section 24 involving a
commercial vehicle is guilty of an offence and liable on summary conviction to the
penalties provided for a category J offence in the Summary Proceedings Act.
Peace officer may inspect equipped vehicle
27 (1) A peace officer may inspect an equipped vehicle at any time to determine whether
the driver and the equipped vehicle are in compliance with these regulations and to
determine whether the approved device is functioning properly.
(2) A peace officer may order that the equipped vehicle be taken to an authorized
person for an inspection of the vehicle and the approved device.
Administrative sanctions by Registrar
28 (1) The Registrar may take any of the following actions based on data from an
approved device indicating that any of the things specified in subsection 24(1) have
occurred, or if the Registrar reasonably believes that any of the things specified in
subsection 24(1) have occurred:
(a) dismiss the participant from the Program;
(b) require the participant to undergo additional assessment by Addiction
Services;
(c) extend the duration of the participant’s required participation in the Program
in accordance with Section 19.
(2) The Registrar may reverse or alter any action taken under subsection (1) if
evidence to the contrary that is satisfactory to the Registrar is provided.
Written authorization to install approved devices
29 (1) The Registrar may authorize any person to install, maintain and remove approved
devices.
(2) The Registrar’s authorization under subsection (1) must be in writing.
Attaching approval sticker when approved device installed
30 An authorized person must attach an approval sticker to an approved device once a
person requests the installation of the device and provides the authorized person with a
letter of acceptance from the Registrar indicating that they have been accepted into the
Program.
Records
31 (1) An authorized service provider must keep a record of each approved device
installed, inspected, maintained or removed that includes all of the following
information:
(a) the name, residential address, date of birth and driver’s license number of
the participant;
(b) the make, model, vehicle identification number, and plate number of the
motor vehicle into which the approved device was installed;
(c) the results of each inspection, including any data or other information
obtained from the approved device.
(2) An authorized service provider must notify the Registrar immediately if an
inspection of an approved device shows that the device has been tampered with.
(3) An authorized service provider must submit the records kept under this Section to
the Registrar when requested.
(4) An authorized service provider must keep a record made under this Section for at
least 10 years from the date the record was created.
The
following regulations are not yet in force and are not included in the current
consolidation: