Criminal Code

Marginal note:Mandatory order of prohibition

• 259 (1) If an offender is convicted of an offence committed under section 253, other than an offence under paragraph 253(3)(b), or under section 254 or this section or discharged under section 730 of an offence committed under section 253, other than an offence under subsection 253(3)(b), and, at the time the offence was committed or, in the case of an offence committed under section 254, within the three hours preceding that time, was operating or had the care or control of a motor vehicle, vessel or aircraft or of railway equipment or was assisting in the operation of an aircraft or of railway equipment, the court that sentences the offender shall, in addition to any other punishment that may be imposed for that offence, make an order prohibiting the offender from operating a motor vehicle on any street, road, highway or other public place, or from operating a vessel or an aircraft or railway equipment, as the case may be,

  • (a) for a first offence, during a period of not more than three years plus any period to which the offender is sentenced to imprisonment, and not less than one year;

  • (b) for a second offence, during a period of not more than five years plus any period to which the offender is sentenced to imprisonment, and not less than two years; and

  • (c) for each subsequent offence, during a period of not less than three years plus any period to which the offender is sentenced to imprisonment.

• Marginal note:Discretionary order of prohibition

  (1.01) If an offender is convicted of an offence committed under paragraph 253(3)(b) or discharged under section 730 of such an offence and, at the time the offence was committed, was operating or had the care or control of a motor vehicle, vessel or aircraft or of railway equipment or was assisting in the operation of an aircraft or of railway equipment, the court that sentences the offender may, in addition to any other punishment that may be imposed for that offence, make an order prohibiting the offender from operating a motor vehicle on any street, road, highway or other public place, or from operating a vessel or an aircraft or railway equipment, as the case may be, during a period of not more than one year.

• Marginal note:Alcohol ignition interlock device program

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

• Marginal note:Minimum absolute prohibition period

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

  • (a) the expiry of a period of

    • (i) for a first offence, 3 months after the day on which sentence is imposed,

    • (ii) for a second offence, 6 months after the day on which sentence is imposed, and

    • (iii) for each subsequent offence, 12 months after the day on which sentence is imposed; or

  • (b) the expiry of any period that may be fixed by order of the court that is greater than a period referred to in paragraph (a).

• (1.3) and (1.4) [Repealed, 2008, c. 18, s. 8]

• Marginal note:Discretionary order of prohibition

  (2) If an offender is convicted or discharged under section 730 of an offence under section 220, 221, 236, 249, 249.1, 250, 251 or 252 or any of subsections 255(2) to (3.2) committed by means of a motor vehicle, a vessel, an aircraft or railway equipment, the court that sentences the offender may, in addition to any other punishment that may be imposed for that offence, make an order prohibiting the offender from operating a motor vehicle on any street, road, highway or other public place, or from operating a vessel, an aircraft or railway equipment, as the case may be,

  • (a) during any period that the court considers proper, if the offender is sentenced to imprisonment for life in respect of that offence;

  • (a.1) during any period that the court considers proper, plus any period to which the offender is sentenced to imprisonment, if the offender is liable to imprisonment for life in respect of that offence and if the sentence imposed is other than imprisonment for life;

  • (b) during any period not exceeding ten years plus any period to which the offender is sentenced to imprisonment, if the offender is liable to imprisonment for more than five years but less than life in respect of that offence; and

  • (c) during any period not exceeding three years plus any period to which the offender is sentenced to imprisonment, in any other case.

• Marginal note:Consecutive prohibition periods

  (2.1) The court may, when it makes an order under this section prohibiting the operation of a motor vehicle, a vessel, an aircraft or railway equipment, as the case may be, order that the time served under that order be served consecutively to the time served under any other order made under this section that prohibits the operation of the same means of transport and that is in force.

• Marginal note:Saving

  (3) No order made under subsection (1), (1.01) or (2) shall operate to prevent any person from acting as master, mate or engineer of a vessel that is required to carry officers holding certificates as master, mate or engineer.

• Marginal note:Mandatory order of prohibition — street racing

  (3.1) When an offender is convicted or discharged under section 730 of an offence committed under subsection 249.4(1), the court that sentences the offender shall, in addition to any other punishment that may be imposed for that offence, make an order prohibiting the offender from operating a motor vehicle on any street, road, highway or other public place

  • (a) for a first offence, during a period of not more than three years plus any period to which the offender is sentenced to imprisonment, and not less than one year;

  • (b) for a second offence, during a period of not more than five years plus any period to which the offender is sentenced to imprisonment, and not less than two years; and

  • (c) for each subsequent offence, during a period of not less than three years plus any period to which the offender is sentenced to imprisonment.

• Marginal note:Mandatory order of prohibition — bodily harm

  (3.2) When an offender is convicted or discharged under section 730 of an offence committed under section 249.3 or subsection 249.4(3), the court that sentences the offender shall, in addition to any other punishment that may be imposed for that offence, make an order prohibiting the offender from operating a motor vehicle on any street, road, highway or other public place

  • (a) for a first offence, during a period of not more than ten years plus any period to which the offender is sentenced to imprisonment, and not less than one year;

  • (b) for a second offence, during a period of not more than ten years plus any period to which the offender is sentenced to imprisonment, and not less than two years; and

  • (c) for each subsequent offence, during a period of not less than three years plus any period to which the offender is sentenced to imprisonment.

• Marginal note:Mandatory order of prohibition — death

  (3.3) When an offender is convicted or discharged under section 730 of a first offence committed under section 249.2 or subsection 249.4(4), the court that sentences the offender shall, in addition to any other punishment that may be imposed for that offence, make an order prohibiting the offender from operating a motor vehicle on any street, road, highway or other public place

  • (a) for an offence under section 249.2, during a period of not less than one year plus any period to which the offender is sentenced to imprisonment; and

  • (b) for an offence under subsection 249.4(4), during a period of not more than ten years plus any period to which the offender is sentenced to imprisonment, and not less than one year.

• Marginal note:Mandatory life prohibition

  (3.4) When an offender is convicted or discharged under section 730 of an offence committed under section 249.2 or 249.3 or subsection 249.4(3) or (4), the offender has previously been convicted or discharged under section 730 of one of those offences and at least one of the convictions or discharges is under section 249.2 or subsection 249.4(4), the court that sentences the offender shall make an order prohibiting the offender from operating a motor vehicle on any street, road, highway or other public place for life.

• Marginal note:Operation while disqualified

  (4) Every offender who operates a motor vehicle, vessel or aircraft or any railway equipment in Canada while disqualified from doing so, other than an offender who is registered in an alcohol ignition interlock device program established under the law of the province in which the offender resides and who complies with the conditions of the program,

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

  • (b) is guilty of an offence punishable on summary conviction.

• Marginal note:Definition of disqualification

  (5) For the purposes of this section, disqualification means

  • (a) a prohibition from operating a motor vehicle, vessel or aircraft or any railway equipment ordered under any of subsections (1), (1.01), (2) and (3.1) to (3.4); or

  • (b) in respect of a conviction or discharge under section 730 of any offence referred to in any of subsections (1), (1.01), (2) and (3.1) to (3.4), a disqualification or any other form of legal restriction of the right or privilege to operate a motor vehicle, vessel or aircraft imposed

    • (i) in the case of a motor vehicle, under the law of a province, and

    • (ii) in the case of a vessel or an aircraft, under an Act of Parliament.