This consolidation is unofficial and is for reference only.  For the official version of the regulations, consult the original documents on file with the Registry of Regulations, or refer to the Royal Gazette Part II.
Regulations are amended frequently.  Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with the Registry that are not yet included in this consolidation.
Although every effort has been made to ensure the accuracy of this electronic version, the Registry of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.
This electronic version is copyright © 2015, Province of Nova Scotia, all rights reserved.  It is for your personal use and may not be copied for the purposes of resale in this or any other form.


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 (June 3, 2008, effective September 30, 2008*), N.S. Reg. 298/2008

(*effective date changed to September 30, 2008, by O.I.C. 2008-452, N.S. Reg. 367/2008)

as amended to O.I.C. 2015-100 (March 31, 2015, effective April 1, 2015), N.S. Reg. 184/2015


Table of Contents

Text of Regulations



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 by a District 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;

Definition of “fourth revocation” added: O.I.C. 2015-100, N.S. Reg. 184/2015.

 

“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;

 

“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;

 

“qualified medical practitioner” means a medical practitioner as defined in the Medical Act;

Definition of “qualified medical practitioner” added: O.I.C. 2015-100, N.S. Reg. 184/2015.

 

“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.

Definition of “third revocation” replaced: O.I.C. 2015-100, N.S. Reg. 184/2015.

Section 2, clause lettering removed: O.I.C. 2015-100, N.S. Reg. 184/2015.


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 section 253 or subsection 254(5) of the Criminal Code 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)     section 253,

 

                         (ii)    subsection 254(5), or

 

                         (iii)   subsection 259(4), if the disqualification, as defined in subsection 259(5) of the Criminal Code, was for an alcohol-related offence;

Clause 4(2)(b) amended: O.I.C. 2015-100, N.S. Reg. 184/2015.

 

                (c)    a person whose regular license has been revoked for a violation of section 255 of the Criminal Code;

Clause 4(2)(c) replaced: O.I.C. 2014-108, N.S. Reg. 48/2014.

 

                (ca)  a person whose license has been revoked for a violation of section 253 or 255 of the Criminal Code and who is subject to an additional period of revocation under subsection 67(5C) of the Act;

Clause 4(2)(ca) added: O.I.C. 2013-150, N.S. Reg. 201/2013.

 

                (d)    a person ordered to participate in the Program under Section 280A of the Act.

Subsection 4(2) amended: O.I.C. 2014-108, N.S. Reg. 48/2014.

 

       (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.

Subsection 4(3) added: O.I.C. 2014-108, N.S. Reg. 48/2014.


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 259(1.2) 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 an offence under section 253 or 254 or subsection 259(4) of the Criminal Code:

 

                         (i)     3 months, for a first revocation,

 

                         (ii)    6 months, for a second revocation,

 

                         (iii)   12 months, for a third revocation,

 

                         (iv)   10 years, for a fourth revocation;

Clause 5(2)(b) replaced: O.I.C. 2015-100, N.S. Reg. 184/2015.

 

                (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.

Subsection 5(2) amended: O.I.C. 2015-100, N.S. Reg. 184/2015.

 

       (3)    A person whose regular license has been revoked for a violation of subsection 255 of the Criminal Code 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.

Subsection 5(4) added: O.I.C. 2015-100, N.S. Reg. 184/2015.

Section 5 replaced: O.I.C. 2014-108, N.S. Reg. 48/2014.


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.

Section 6 replaced: O.I.C. 2015-100, N.S. Reg. 184/2015.


Review of application from other than person with fourth revocation

Section 7 heading amended: O.I.C. 2015-100, N.S. Reg. 184/2015.

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.

Subsection 7(1) replaced: O.I.C. 2015-100, N.S. Reg. 184/2015.

 

       (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;

 

                (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.

Section 7A added: O.I.C. 2015-100, N.S. Reg. 184/2015.


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.

Section 7B added: O.I.C. 2015-100, N.S. Reg. 184/2015.


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.

Subsection 14(1) amended: O.I.C. 2015-100, N.S. Reg. 184/2015.

 

       (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.

Subsection 14(3) amended: O.I.C. 2015-100, N.S. Reg. 184/2015.

 

       (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.


Section 15 repealed: O.I.C. 2015-100, N.S. Reg. 184/2015.


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.

Subsection 16(1) amended: O.I.C. 2014-108, N.S. Reg. 48/2014.

 

       (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.

Section 17A added: O.I.C. 2014-108, N.S. Reg. 48/2014.


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 section 253, subsection 254(5) or subsection 259(4) of the Criminal Code, if the disqualification, as defined in subsection 259(5) of the Criminal Code, was for an alcohol-related offence, 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.

Clause 18(3)(e) added: O.I.C. 2015-100, N.S. Reg. 184/2015.

 

       (4)    A person whose license has been revoked for a violation of section 255 of the Criminal Code must participate in the Program for the following applicable minimum period:

Subsection 18(4) amended: O.I.C. 2014-108, N.S. Reg. 48/2014.

 

                (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 253 or 255 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.

Subsection 18(5A) added: O.I.C. 2013-150, N.S. Reg. 201/2013.

 

       (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.

Subsection 18(5B) added: O.I.C. 2013-150, N.S. Reg. 201/2013.

 

       (5C) A person whose license has been revoked for a violation of section 253 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.

Subsection 18(5C) added: O.I.C. 2013-150, N.S. Reg. 201/2013.

 

       (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.

Subsection 23(2) replaced: O.I.C. 2015-100, N.S. Reg. 184/2015.

 

       (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.

Subsection 31(3) renumbered 31(2): O.I.C. 2014-108, N.S. Reg. 48/2014.

 

       (3)    An authorized service provider must submit the records kept under this Section to the Registrar when requested.

Subsection 31(4) renumbered 31(3): O.I.C. 2014-108, N.S. Reg. 48/2014.

 

       (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.

Subsection 31(5) renumbered 31(4): O.I.C. 2014-108, N.S. Reg. 48/2014.