Alcohol Ignition Interlock Device Program Regulations
Regulation- Citation
- S.N.W.T. 2022, c.10
- Registration
- R-003-2013
- Source
- Unofficial consolidation PDF (justice.gov.nt.ca)
- Under
- Motor Vehicles Act
This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.
- s.2 amended by An Act to Amend the Motor Vehicles Act
- s.4 amended by R-045-2025,s.2
- s.5 amended by R-045-2025,s.3
- s.6 amended by R-131-2018,s.2 in force Oct. 17, 2018 (SI-010-2018)
- s.6 amended by R-045-2025,s.4
- s.9 amended by R-024-2013,s.2 in force May 1, 2013
- s.10 amended by R-045-2025,s.6
- s.11 amended by R-045-2025,s.7
- s.12 amended by R-131-2018,s.3 in force Oct. 17, 2018 (SI-010-2018)
- s.12 amended by R-045-2025,s.7
- s.14 amended by R-024-2013,s.3 in force May 1, 2013
- s.14 amended by R-045-2025,s.7,8
- s.16 amended by R-050-2016,s.2 in force May 1, 2016
- s.16 amended by R-045-2025,s.9
- s.sched_A amended by R-045-2025,s.10
- s.sched_2 amended by R-045-2025,s.10
- s.sched_3 amended by R-045-2025, art. 10
The Commissioner, on the recommendation of the Minister, under section 349 of the Motor Vehicles Act and every enabling power, makes the Alcohol Ignition Interlock Device Program Regulations.
REGULATIONS
Interpretation
In these regulations,
"certified worker" means a worker who is trained and certified to a level, as recommended by the manufacturer of an alcohol ignition interlock device, to install, maintain and remove that device and to download data from it; (travailleur qualifié)
"equipped vehicle" means a motor vehicle equipped with an alcohol ignition interlock device; (véhicule équipé)
"interlock device" means a device referred to in subsection 5(1); (antidémarreur)
"interlock program" means the alcohol ignition interlock device program established under section 2; (programme d’utilisation d’antidémarreurs)
"interlock restricted driver" means a person who
(a) has applied to participate in the alcohol ignition interlock device program under subsection 7(2),
(b) has been approved by the Registrar for participation in the alcohol ignition interlock device program under subsection 7(6),
(c) has entered into an agreement with a service provider under paragraph 7(7)(a),
(d) has had an alcohol ignition interlock device installed by a service provider in a motor vehicle in accordance with these regulations, and
(e) has been issued a driver’s licence with endorsement and accompanying card under section 9; (conducteur avec restrictions)
"running sample of breath" means a sample of breath required to be blown into an alcohol ignition interlock device at a random interval while the engine of the motor vehicle equipped with the alcohol ignition interlock device is running; (échantillon d’haleine en marche)
"service provider" means a person who has entered into an agreement with the Registrar, on behalf of the Government of the Northwest Territories, under subsection 4(1). (fournisseur de services)
Establishment of Program
(1) The alcohol ignition interlock device program referred to in subsection 78(2.1) of the Act is established.
(2) The purpose of the alcohol ignition interlock device program is to allow eligible persons, who are approved by the Registrar for participation in the program, to operate equipped vehicles under the conditions of the program and in accordance with these regulations and any other enactment. R-099-2019,s.2; SNWT 2022,c.10,s.22.
(3) Repealed, SNWT 2022,c.10,s.22.
Administration
(1) The Registrar shall administer the interlock program.
(2) A decision made by the Registrar under these regulations is final.
Service Providers
(1) The Registrar, on behalf of the Government of the Northwest Territories, may enter into an agreement with a person referred to in Schedule A for the provision of programs of supervision for interlock restricted drivers.
(2) A person may not provide a program of supervision for an interlock restricted driver unless the person is a party to an agreement entered into under subsection (1).
(3) A service provider that provides a program of supervision to an interlock restricted driver shall
(a) manage the installation, maintenance and removal of interlock devices used in the program;
(b) instruct the driver in the use of interlock devices used in the program so that the driver may operate the devices in the manner recommended by the manufacturer;
(c) ensure that inspections, maintenance and calibrations of interlock devices used in the program are conducted by certified workers
(i) 30 days after installation, and
(ii) every 60 days thereafter;
(d) ensure that only certified workers install, maintain, inspect, download data from and remove interlock devices used in the program as required by these regulations;
(e) protect personal information in the manner that the Registrar directs; and
(f) charge reasonable fees to the interlock restricted driver.
(4) A service provider shall submit monthly, to the Registrar in a form that the Registrar directs,
(a) an inventory of all interlock devices that are under the control of the service provider, their operational status and to whom they have been issued as of the date of the report;
(b) a report of all data downloaded from all interlock devices that are in service and under the control of the service provider during the past month; and
(c) any other information the Registrar requires for monitoring and administration of the interlock program.
(5) A service provider shall, without delay, notify the Registrar if
(a) an interlock restricted driver fails to bring an equipped vehicle to the service provider for inspection at a scheduled time;
(b) the service provider has a reasonable belief that an interlock device has been tampered with or deactivated;
(c) an interlock device is malfunctioning or not operating;
(d) the data downloaded from an interlock device indicates that a person had alcohol in their blood; or
(e) a recall or upgrade of an interlock device has been issued by its manufacturer.
Interlock Devices
(1) A device that is referred to in Schedule B is an interlock device.
(2) The following standards are adopted, as amended from time to time, in respect of interlock devices:
(a) CSA Group CAN/CSA-Z627-16, Breath alcohol ignition interlock devices (November 2016);
(b) United States Department of Transportation, National Highway Traffic Administration (Docket No. NHTSA-2010-0033), Model Specifications for Breath Alcohol Ignition Interlock Devices (BAIIDs), 75 Fed. Reg. 61820-61833 (October 6, 2010).
(3) A service provider shall ensure that an interlock device supplied, installed, maintained or used under these regulations, complies with the standards referred to in subsection (2).
(4) A person shall not install, maintain, download data from or modify an interlock device under these regulations, unless the person is
(a) a service provider;
(b) a certified worker working under the direction of a service provider; or
(c) the Registrar or a certified worker working under the Registrar’s direction.
Eligibility
(1) A resident of the Northwest Territories is eligible to participate in the interlock program if
(a) a court prescribes an additional condition of a probation order under paragraph 732.1(3)(g.2) of the Criminal Code;
(b) the Registrar has imposed conditions on the person’s driver’s licence under section 78 of the Act; or
(c) the resident has been discharged in respect of or convicted of or found guilty of an alcohol and drug related offence as defined in paragraph 116.14(1)(a) of the Act.
(2) A resident of the Northwest Territories is eligible to participate in the interlock program if
(a) a court of an extra-territorial jurisdiction referred to in Schedule C prescribes an additional condition of a probation order under paragraph 732.1(3)(g.2) of the Criminal Code;
(b) the Registrar of an extra-territorial jurisdiction referred to in Schedule C has imposed conditions on the person’s driver’s licence substantially similar to those under section 78 of the Act; or
(c) the resident has been discharged in respect of or convicted of or found guilty of an alcohol and drug related offence as defined in paragraph 116.14(1)(b) of the Act in an extra-territorial jurisdiction referred to in Schedule C.
Application Process
(1) In this section, "alcohol dependency assessment" means an alcohol dependency assessment referred to in paragraph 77.1(2)(d) of the Act and section 7 of the Driver’s Licence Regulations.
(2) A person who is eligible to participate under section 6 may apply to the Registrar to participate in the interlock program by submitting
(a) the person’s name, address, date of birth and driver’s licence number;
(b) proof of the person’s eligibility established under section 6;
(c) details of the motor vehicles that the person plans to operate and have equipped with an interlock device, including their makes, models, vehicle identification numbers and licence plate numbers;
(d) the following information in respect of motor vehicles referred to in paragraph (c) not owned by the person:
(i) the names and addresses of the owners,
(ii) written permission from the owners consenting to the use of their vehicles in the program; and
(e) any other information requested by the Registrar.
(3) When the Registrar receives an application submitted under subsection (2), the Registrar shall consider the following factors in reaching a decision to approve or reject the application:
(a) whether the applicant has previously participated in the interlock program or a similar program;
(b) the likelihood of recidivism based on the applicant’s driving record and record of convictions for other impaired driving offences in any jurisdiction;
(c) completion by the applicant of an alcohol treatment program;
(d) the type of each motor vehicle to be operated by the applicant;
(e) the risk to public safety posed by the applicant if the applicant participates in the interlock program.
(4) For the purposes of making a determination under subsection (3), the Registrar may require the applicant, at the applicant’s own expense,
(a) to attend an interview with the Registrar or the Registrar’s agents; or
(b) to undergo an alcohol dependency assessment.
(5) If the Registrar rejects the application, the Registrar shall notify the applicant in writing and give the reasons for the rejection.
(6) Subject to subsection (7), if the Registrar approves the application, the applicant may participate in the interlock program as an interlock restricted driver.
(7) It is a condition of each approval under subsection (6) that the interlock restricted driver
(a) enter into and remain a party to an agreement with a service provider for the installation, use, maintenance and removal of an interlock device until termination of or withdrawal from or completion of the interlock program, by the driver;
(b) attend each inspection and maintenance session for the interlock device that is scheduled by the service provider, including for the downloading of data from the interlock device;
(c) report without delay to the service provider any malfunction or damage to the interlock device;
(d) pay reasonable costs for the use of the interlock device including costs of installation, inspection, maintenance, rental and removal; and
(e) undergo an alcohol dependency assessment if so directed by the Registrar.
(8) If the Registrar imposes additional conditions to those set out under subsection (7), the Registrar shall provide the reasons for those conditions. R-045-2025,s.5.
Installation and Removal of Interlock Device
(1) A service provider or certified worker acting under the direction of a service provider shall not install or remove an interlock device unless the Registrar has authorized
(a) its installation by means of an approval issued under subsection 7(6); or
(b) its removal by means of a notice of termination issued under subsection 12(3), a notice of withdrawal issued under subsection 13(2) or a certificate of completion issued under subsection 14(3).
(2) Notwithstanding subsection (1), a service provider or certified worker acting under the direction of a service provider may install or remove an interlock device without authorization from the Registrar if
(a) the installation or removal is required to replace a malfunctioning interlock device or an interlock device that requires upgrading; and
(b) the installation or removal is reported in the monthly report made under subsection 4(4).
Issue of Driver’s Licence
The Registrar shall, after receiving written notice from the service provider of the installation of an interlock device in a motor vehicle to be operated by an interlock restricted driver, issue to the driver
(a) a driver’s licence of any class other than Class 7 as set out in Schedule C of the Driver’s Licence Regulations, with an "I" code endorsement as set out in item 8 of Schedule D to those regulations; and
(b) an accompanying card specifying the conditions imposed under subsection 7(7) and any additional conditions imposed under subsection 7(8).
Requirements of Interlock
Restricted Driver
(1) An interlock restricted driver shall use an interlock device in the manner instructed by a service provider.
(2) An interlock restricted driver shall not operate a motor vehicle other than an equipped vehicle identified in their application submitted under subsection 7(2), unless the driver
(a) obtains permission from the Registrar to operate that other motor vehicle; or
(b) has a lawful excuse.
(3) If an interlock restricted driver reasonably believes that an interlock device is malfunctioning, the driver shall, without delay, report to the service provider to have the device inspected, repaired or replaced. R-045-2025,s.6.
Variations to Reporting Times
An interlock restricted driver may apply to their service provider to vary a scheduled reporting time for inspection, maintenance or downloading of data. R-045-2025,s.7.
Termination from Program
(1) The Registrar shall terminate the participation
if
(a) the Registrar concludes that
(i) there has been a material change in the driver’s circumstances, and
(ii) after reconsidering the factors referred to in subsection 7(3), the driver is unlikely to comply with the conditions imposed under subsection 7(7) or any additional conditions imposed under subsection 7(8);
(b) the driver operates a motor vehicle that is not an equipped vehicle, in contravention of subsection 10(2);
(c) the driver is convicted of an offence under section 15;
(d) the service provider reports to the Registrar that
(i) the interlock device has been tampered with, disabled, disassembled, disconnected or removed from an equipped vehicle without the authorization of the service provider, or
(ii) the operation of the interlock device has been interfered with; or
(e) the driver is convicted of a criminal offence under paragraph 320.14(1)(a) or (b), or subsection 320.14(2), 320.14(3), 320.15(1) or 320.18(1) of the Criminal Code.
(2) The Registrar may terminate the participation of an interlock restricted driver if
(a) the service provider reports to the Registrar that data downloaded from an interlock device indicates that
(i) a person had alcohol in their blood, or
(ii) a running sample of breath was not provided when required or was not provided in accordance with the service provider’s requirements;
(b) the driver operates a motor vehicle on a highway in contravention of any terms or conditions imposed by the Registrar on their driver’s licence;
(c) the driver’s licence of the driver is suspended under
(i) section 116.1 of the Act and alcohol or a drug is a factor for the suspension, or
(ii) section 116.2, 116.4, 116.6, 116.7, 116.82 or 116.84 of the Act; or
(d) the driver’s licence of the driver is suspended in an extra-territorial jurisdiction under circumstances substantially similar to those under paragraph (b) or (c).
(3) If the Registrar terminates the participation of an interlock restricted driver, the Registrar shall
(a) issue a notice of termination to the driver and service provider that includes the reasons for the termination; and
(b) cancel the driver’s licence of the driver.
(4) The agreement entered into under paragraph 7(7)(a) is terminated and all interlock devices must be removed from each equipped vehicle used by the interlock restricted driver after the driver reports to the service provider and presents
(a) a notice of termination issued under subsection (3) in respect of the driver; and
(b) each equipped vehicle.
Withdrawal from Program
(1) The Registrar may permit an interlock restricted driver to withdraw from the interlock program if the driver submits a request for withdrawal to the Registrar.
(2) If the Registrar allows an interlock restricted driver to withdraw from the interlock program, the Registrar shall
(a) issue a notice of withdrawal to the driver and service provider; and
(b) cancel the driver’s licence of the driver.
(3) The agreement entered into under paragraph 7(7)(a) is terminated and all interlock devices must be removed from each equipped vehicle used by the interlock restricted driver after the driver reports to the service provider and presents
(a) a notice of withdrawal issued under subsection (2) in respect of the driver; and
(b) each equipped vehicle.
Completion of Program
(1) An interlock restricted driver is eligible to apply for a certificate of completion of the interlock program if
(a) the probation order referred to in paragraph 6(1)(a) has expired, or any condition imposed by the Registrar in respect of the duration of the driver’s participation in the program has been satisfied; and
(b) the driver has not withdrawn or been terminated from the program.
(2) An interlock restricted driver who is eligible to apply under subsection (1) may apply to the Registrar for a certificate of completion of the interlock program by submitting
(a) an application in a form approved by the Registrar;
(b) a report from the service provider stating that, for a period of at least three months immediately before the date of the driver’s application, data from the interlock device indicates that
(i) no person attempted to start the engine of the equipped vehicle while the person had alcohol in their blood,
(ii) a running sample of breath was provided when required or was provided in accordance with the service provider’s requirements, and
(iii) no person provided a running sample of breath while the person had alcohol in their blood; and
(c) any other information requested by the Registrar.
(3) If the Registrar is satisfied that the application is complete and accurate, the Registrar may issue a certificate of completion of the interlock program to the interlock restricted driver.
(4) An interlock restricted driver who possesses a certificate of completion issued under subsection (3) may apply under section 5 of the Driver’s Licence Regulations for a new licence without the "I" code endorsement in respect of the ignition interlock
(5) If the interlock restricted driver makes an application under subsection (4) and surrenders their current driver’s licence to the Registrar at the time of making the application, the Registrar shall issue a new driver’s licence without the "I" code endorsement, to the driver under section 5 of the Driver’s Licence Regulations.
(6) The agreement entered into under paragraph 7(7)(a) is terminated and all interlock devices must be removed from each vehicle used by the interlock restricted driver after the driver reports to the service provider and presents
(a) a certificate of completion issued under subsection (3) in respect of the driver;
(b) a new driver’s licence issued to the driver under subsection (5) in respect of the driver; and
(c) each equipped vehicle.
Specific Offences
(1) A person shall not tamper with an interlock device.
(2) A person shall not falsify a report, record or running sample of breath made or required under these regulations.
(3) If an interlock device is equipped with an emergency override, a person shall not engage the override unless there is an emergency that endangers life or property.
Reviews
(1) An interlock restricted driver may request a review of an act or omission of, or a fee charged by, a service provider by sending a letter to the service provider requesting the review.
(2) A service provider shall respond to a letter requesting a review under subsection (1) within 30 days of its receipt.
(3) If an interlock restricted driver submits a letter requesting a review under subsection (1) and is not satisfied by the response of the service provider or the service provider fails to respond to that letter within the time period set out in subsection (2), the driver may forward the letter to the Registrar along with a fee of $210.
(4) The Registrar may, on receiving a letter forwarded under subsection (3), decide whether the complaint has merit.
(5) If the Registrar decides that a complaint has merit the Registrar may
(a) direct that the fee submitted under subsection (3) be refunded;
(b) direct that the parties engage in mediation;
(c) direct that the service provider stop carrying out, start carrying out or modify, as the case may be, the act or omission or fee charged; or
(d) declare a portion of a fee charged as being unreasonable and that the unreasonable portion be refunded to the interlock restricted driver.
(6) If the Registrar decides that a complaint does not have merit, the fee submitted under subsection (3) is forfeited to the Government of the Northwest Territories. R-050-2016,s.2; R-045-2025,s.9.
These regulations come into force January 31, 2013.
SCHEDULE A
SERVICE PROVIDERS
1. Alcolock Canada Inc.
2. Alcohol Countermeasure Systems Corp.
3. Smart Start Canada ULC
SCHEDULE
INTERLOCK
I II
Item Make Model
1 ALCOLOCK® ALCOLOCK
2 Smart Start® SSI 20/35™
3 Smart Start® FLEX™
ANNEXE
ANTIDÉMARREURS
I II
No Marque Modèle
1 ALCOLOCK® ALCOLOCKmc
2 Smart Start® SSI 20/35mc
3 Smart Start® FLEXmc
SCHEDULE
EXTRA-TERRITORIAL JURISDICTIONS FOR
INTERLOCK PROGRAMS EXIST WITH
1. Alberta
2. British Columbia
3. Manitoba
4. New Brunswick
5. Newfoundland and Labrador
6. Nova Scotia
7. Ontario
8. Prince Edward Island
9. Québec
10. Saskatchewan
11. Yukon
ANNEXE
AUTORITÉS EXTRATERRITORIALES AYANT
TERRITOIRES DU
1. Alberta
2. Colombie-Britannique
3. Manitoba
4. Nouveau-Brunswick
5. Terre-Neuve-et-Labrador
6. Nouvelle-Écosse
7. Ontario
8. Île-du-Prince-Édouard
9. Québec
10. Saskatchewan
11. Yukon