Criminal Code

Marginal note:Mandatory order of prohibition

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

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

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

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

• Marginal note:Alcohol ignition interlock device program

  (1.1) In making the order, the court may authorize the offender to operate a motor vehicle equipped with an alcohol ignition interlock device during the prohibition period if the offender registers in an alcohol ignition interlock device program established under the law of the province in which the offender resides.

• Marginal note:Minimum absolute prohibition period

  (1.2) The authorization has no effect until the expiry of a period fixed by the court

  • (a) of at least 3 months, for a first offence;

  • (b) of at least 6 months, for a second offence; and

  • (c) of at least 12 months, for each subsequent offence.

• Marginal note:Change of province of residence

  (1.3) The authorization applies to an offender who becomes resident in another province and registers in a program referred to in subsection (1.1) in that province.

• Marginal note:Authorization suspended

  (1.4) The authorization has no effect during any period that the offender is not registered in a program referred to in subsection (1.1).

• Marginal note:Discretionary order of prohibition

  (2) Where an offender is convicted or discharged under section 730 of an offence under section 220, 221, 236, 249, 249.1, 250, 251 or 252, subsection 255(2) or (3) or this section committed by means of a motor vehicle, vessel or 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, an aircraft or railway equipment, as the case may be

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

  • (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:Saving

  (3) No order made under subsection (1) 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:Operation while disqualified

  (4) Every one who operates a motor vehicle, vessel or aircraft or any railway equipment in Canada while disqualified from doing so

  • (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 pursuant to subsection (1) or (2); or

  • (b) 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, or

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

    in respect of a conviction or discharge under section 730 of any offence referred to in subsection (1) or (2).