Federal Driving Offences (13:X)

A. Provincial Offences

MVA s 95(1) makes it an offence for an individual to drive knowing that, by order of peace officer or Superintendent, he or she is prohibited from driving or his or her license is suspended. The prohibition must have been made pursuant to the MVA: failure to satisfy a judgment (s 91); failure to pass a driver’ s exam (s 92); order of Superintendent (s 93); driving impaired or refused to provide a breath/blood sample (s 94.2); or 24-hour suspension (s 215). The suspension must be pursuant to the driver’ s attendance for a driver’ s exam, funds owing (s 90), or driving while prohibited by operation of law (s 102).Under MVA s 102, it is an offence to drive while prohibited due to operation of law, namely MVA ss 98 (court ordered prohibition), 99 (automatic prohibition), 100 (failing to stop for a peace officer), or the YJA.Pursuant to YJA s 8(2)(f), when a young offender is convicted of an offence under the MVA, he or she can be prohibited from driving for a specific period of time. YJA s 8(3) states that a young offender who refuses to stop for a peace officer in violation of MVA s 100 will be prohibited from driving for two years. See Section II: Procedure and Penalties for a further description of suspension, cancellation and prohibition. For both offences (MVA ss 95(1) and 102), the first conviction will result in a fine of at least $500 but no more than $2,000 and/or imprisonment up to six months. Subsequent convictions under s 95(1) result in the same range of fines, but a prison term of between 14 days and one year. Subsequent convictions under s 102 result in a fine of at least $300 but no more than $2,000, and/or a prison term of between 14 days and one year. While MVA s 102 creates an absolute liability offence (i.e. an individual could be automatically prohibited under s 99 and have no defences to s 102), there is little or no chance of incarceration. This is expressly prohibited by OA s 6 which states that there will be no imprisonment for an absolute liability offence. Also, OA s 82(1) states that an individual will not be jailed for non-payment of fines. For these reasons, the Supreme Court of Canada did not strike down the inclusion of MVA s 99 in MVA s 102: RvPontes [1995], 13 MVR (3d) 145 (SCC). A vehicle is also at risk of being impounded if the driver was prohibited from driving under MVA ss 93, 94.2, 98, 99, and 215. See Section II: Procedure and Penalties for further information on impoundment.