Motor Vehicles Act

Consolidated act
Citation
R.S.N.W.T. 1988, c.M-16
Source
Unofficial consolidation PDF (justice.gov.nt.ca)

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.

Cites
Cited by
Contents
1. Definitions 1.1. National Defence Act (Canada) 2. Government bound by Act and regulations 3. Qualification 4. Application by agent 5. Registration 6. Licence plate 7. Motor vehicles registered outside Northwest Territories 8. Requirement for new owner to obtain registration 9. Inoperable motor vehicle 10. Motor vehicles brought into Northwest Territories 11. Application by owner 12. Duty to issue 13. Certificate of registration 14. Where extra- territorial registration suspended or cancelled 15. Exemption from insurance 16. Attaching licence plates 17. Taxis and school busses 18. Dealer’s certificate of registration 19. Non-payment of fine 20. Interim certificate of registration 21. Expiration of certificate of registration 22. Transfer on death or dissolution of dealer 23. Transfer by voluntary act 24. Transfer by operation of law 25. Transfer on death or dissolution 26. Registration permit 27. Requirements for registration permit 28. Non-payment of fine 29. Conditions of registration 30. Expiry 31. In transit permit 32. Requirements for in transit permit 33. Non-payment of fine 34. Conditions of in transit permit 35. Obligations on operator 35.1. Short-term permit 35.2. Requirements for short-term permit 35.3. Non-payment of fine 35.4. Conditions of short-term permit 35.5. Conditions 36. Definition: "visiting force" 37. School busses and taxis 38. Certificate of financial responsibility 39. Transferring licence plate 40. Issuing licence plate 41. Issuing licence plate to dealer 42. Licence plates identified on certificate of registration 43. Certificate respecting licence plate 44. New series of licence plates 45. Repealed 46. Use of licence plate 47. Application 47.1. Licence plates from other jurisdictions 48. Definition: "licence plate" 49. Parked motor vehicles must have licence plate 50. Replacement certificates and permits 51. New licence plate 52. Change of name or address 53. Restriction on application for certificate or permit 54. Driving after certificate cancelled 55. Defence 56. Documents required for persons who are not dealers 57. Proof of insurance respecting school busses and taxis 58. Error on certificate or permit 59. Suspension for 60. Where application contains false information 61. Non-payment of judgment 62. Unsafe motor vehicle 63. Arrangements under certificate of financial responsibility 64. No insurance 65. Return of licence plates 65.1. NSC vehicle 65.2. Suspension 65.3. Cancellation 65.4. Definition: "medical practitioner" 66. Requirement for driver’s licence 67. Duty to issue driver’s licence 68. General right to apply for 69. Application based on valid, expired or cancelled driver’s 70. Right of driver from outside Northwest Territories to apply 70.1. Other sections apply 71. Suspended or cancelled drivers’ licences 72. Examinations at discretion of Registrar 73. General requirements 73.1. Non-payment of seizure charges 74. Non-payment of fine 75. Application for examination 76. Illiterate applicant 77. Condition of motor vehicle 77.1. Conditions for reinstate- ment or issuance of driver’s licence 77.2. Repealed 78. Terms and conditions 78.1. Driver’s licence subject to condition 79. Interim driver’s licence 80. Signature 81. Requirement to carry driver’s licence 82. Expiration of driver’s 83. International driving permit 84. Requirement for endorsement 85. Taxi and school bus endorsements 86. Change of name and address 87. Replacement driver’s licence 87.1. Definition: "medical 88. Criminal Code 89. Discharge and conviction 90. Surrender of driver’s licence 91. Copy of order to Registrar 92. Vacating order 93. Sentence 94. Appeal 95. Order to be sent to Registrar 96. Surrender of driver’s licence 97. Definition: alcohol or drug related offence 97.1. Direction of Maintenance Enforcement Administrator 97.2. Direction to reinstate, issue or terminate conditions 97.3. Notice of suspension 98. Error in driver’s licence 99. Suspension for non-payment of fees 100. Where application contains false information 101. Non-payment of judgment 102. Non-payment of fine 103. Duty of medical professional 104. Unsafe driver 104.1. Review of report 104.2. Powers of Registrar 104.3. Notice 105. Examination at discretion of Registrar 106. Cancellation for failing examination 107. Cancellation for not taking examination 108. Repealed 109. Repealed 110. Repealed 111. Unsafe driver 112. Right to appeal suspension or cancellation of certificate of registration 113. Notice of appeal 114. Powers of adjudicator 115. Duties of adjudicator 116. Definitions 116.1. Duties of officer 116.2. Surrender of licence: alcohol 116.3. Right to request review 116.4. Definition: previous suspension, disqualifica- tion or prohibition 116.5. Right to request review of 30 day suspension or disqualifica- tion 116.6. Duties of peace officer: blood alcohol equal to or exceeding 80 mg 116.7. Suspension of driver’s licence: blood alcohol equal to or exceeding 80 mg in other jurisdiction 116.8. Right to appeal suspension or disqualifica- tion 116.81. Duties of officer 116.82. Surrender of licence 116.83. Request for review 116.84. Surrender of licence 116.9. Documents sent to Registrar 116.10. Report to jurisdiction that issued driver’s licence 116.11. Validity of suspension, disqualifi- cation or cancellation 116.12. Additional proceedings or penalties 116.13. Certificate 116.5. Right to request review of 30 day 116.14. Definition: "alcohol and drug related 117. Restriction on application 118. Definition: "driver’s licence" 119. Prohibition from driving 120. Prohibition from applying 121. Prohibition from operating taxi 122. Defence 123. Duty of owner 124. Using other person’s licence 125. Equipment standards 126. Unsafe vehicle 127. Dealer’s requirement 128. Headlights or daytime running lights 129. Spotlight 130. Flares 131. Definition: "flashing light" 132. Flashing lights prohibited 133. Authority to activate flashing lights 134. School bus 135. Tow truck 136. Siren 137. Requirement for horn 138. Noise from horn 139. Exhaust or smoke 140. Repair of odometer 141. Obstruction of view by windshield stickers 142. Obstruction of view by snow 143. Obstruction of view by equipment 143.1. Lights and reflective devices 144. Radar detection devices 145. Repealed 146. Seat belt assembly 147. Interfering with motor vehicle 148. Serial number 148.1. Definitions 149. Application 150. Exemption for motor vehicles engaged in construction 151. Rights of animal riders 152. Traffic control devices 153. Direction by officer 154. Careless driving 155. Requirement for safety 155.1. Definitions 155.2. Use of restricted electronic device 156. Duty to obey traffic control device 157. Driver at green light 158. Pedestrian at green light 159. Driver at yellow or amber light 160. Pedestrian at yellow or amber light 161. Driver at red light 162. Pedestrian at red light 163. Driver at red flashing light 164. Driver at yellow or amber flashing light 165. Pedestrian at red, yellow or amber flashing light 166. Inoperative traffic lights 167. Pedestrian facing "walk" signal 168. Pedestrian facing "wait" signal 169. Definition: "maximum speed" 170. Speed limit signs 171. Unreasonable speed 172. Unreasonably slow vehicles 173. Powers of officer 174. Driving on left-hand side of roadway 175. Driving on right-hand side of roadway 176. Narrow roadways 177. Median 178. Changing lanes 179. Lines marked on roadway 180. Driving in centre lane 181. Passing on left 182. Driving on left-hand side of roadway 183. Restrictions 184. Vehicle turning left 185. Passing on right 186. Speed limit when passing 187. Staying on roadway 188. Vehicle being passed 189. Where passing on right prohibited 190. Overtaking vehicle 191. Slow vehicles 192. Following too closely 193. Restriction on backing up 194. Backing across roadway 195. Right turns 196. Left turns 197. Left turns onto private road or driveway 198. Distance for signal 199. U-turns 200. Left turn 201. Right turn 202. Stopping 203. Location of driver 204. Definition: "intersection" 205. Left turns 206. Stop sign at through highway 207. Right turns 208. Yield signs 209. Entering highway 210. Signal to slow down or stop 211. Stopping at intersections 212. Stop sign at intersections 213. School bus at railway crossing 214. When to proceed 215. Railway crossings 216. Stop sign at railway crossing 217. School bus with flashing 218. Parking off roadway 219. Parking within unincorporated community or municipality 220. Manner of parking 221. Brakes on unattended vehicle 222. Moving parked vehicle 223. Leaving motor vehicle with engine running 224. Abandoned vehicle 225. Interfering with driver 226. Passenger limits 227. Canyons and mountains 228. Coasting down hills 229. Listen for trains 230. Following fire-fighting vehicles 231. Fire hoses 232. Littering highways 233. Driving on sidewalk 234. Opening door of vehicle 235. Stunts 236. Races 237. Riding outside motor vehicle 238. Occupying trailers 239. Aircraft on highways 240. Exemption for enforcement 241. Driver’s duty 242. Riding on motorcycle 243. Helmets 244. Riding beside another motorcycle 245. Restriction on operation 246. Duties of bicyclists 247. Duties of person riding play vehicle 248. Towing of play vehicles 249. Animal-drawn vehicle 250. Crosswalk at intersection 251. Passing motor vehicle at crosswalk 252. Duty of pedestrian 253. Crossing outside of crosswalk 254. Duty of driver 255. Use of sidewalks 256. Holding onto vehicle 257. Soliciting employment or business 258. Definition: "certificate of registration" 259. Duty of driver at accident 260. Accident with unattended vehicle or other property 261. Definition: "accident" 262. Written reports to R.C.M.P. 263. Officer’s report to Registrar 264. Additional information to Registrar 265. Duty of Chief Coroner 266. Duty of insurance company 267. Bullet striking motor vehicle 268. Notice to be affixed to motor vehicle 269. Repair of motor vehicle in accident 270. Actions involving vehicles 271. Liability of owner 272. Burden of proof 273. Damage to highway 274. Limitation period 275. Definition: "accident" 276. Impounding motor vehicles 277. Where owner selects garage 278. Liability for impoundment expenses 279. Release of impounded motor vehicle 280. Change of place of impoundment 281. Release of impounded motor vehicle 282. Security or satisfaction of claims 283. Definition: "certificate" 284. Where repairs are impracticable 285. Power to stop vehicles 286. Equipment inspections 287. Powers after inspection 288. Return of licence plates 289. Power to request information 290. Power to request documents 291. Permission to move vehicle 291.1. Repealed 291.2. Inspection 291.3. Warrant 291.4. Search without warrant 291.5. Powers of officer 291.6. Assistance to officers 292. Repealed 293. Power of arrest 294. Power of seizure 295. Storage of vehicle 296. Towing and storage expenses 297. Where proceedings not commenced 298. Termination of seizure 299. Return of vehicle 300. Seizure 301. Notice by officer 302. Liability of owner 302.1. Power of seizure 302.2. Vehicles of low value 303. Seizure of radar detection devices 304. Seizure of licence plates 305. Registrar to receive licence plates 306. Removal of licence plates 307. Duty of owner 307.1. Registrar may issue general identification card 307.2. Requirements for issuance of general identification card 307.3. Signature 307.4. Expiration of general identification card 307.5. Change of name or address 307.6. Replacement general identification card 307.7. Error in general identification 307.8. Where application contains false information 307.9. Restriction on application 307.91. Allowing another person to use general identification card 307.91.1. Definitions 307.92. Collection of personal information 307.93. Use of identity verification software 308. Reports of contraventions 309. Requirement to keep 310. Destruction of documents 311. Sections 311, 311.1, 312 and 312.1 prevail 311.1. Definition: "law 311.2. Request for research and statistical purposes 312. Definition: "record" 312.1. Definition: "record" 313. Confidentiality of reports 314. Research 315. Registrar of Motor Vehicles 316. Supervision by Registrar 317. Deputy Registrars of Motor Vehicles 318. Motor vehicle officers 319. Driver examiners 320. Appointment of adjudicators 321. Liability 321.1. Liability of persons preparing assessments and reports 322. Form of certificate 323. Notice 324. Natural justice 325. Agreements respecting registration 326. Agreements respecting drivers’ licences 327. Giving effect to agreement 328. Other agreements 329. Liability of owner 329.1. Presumption of liability of driver and 330. False statements 331. Obstructing Registrar, etc. 332. Defacing documents 333. Erecting traffic control device 334. Defacing traffic control devices 335. Obscuring traffic control device 336. Offence against Act and regulations 337. Minimum punishment 338. General punishment 339. Repealed 340. Proof of ownership 341. Tests of equipment 342. Evidence of traffic control device 343. Repealed 344. Repealed 345. Posting speed limit 346. Authority to erect traffic control 347. Bylaws for control of vehicles and pedestrians bylaw, 348. Punishment for contravention of bylaw 349. Regulations 350. Adoption of rules or standards 351. Bylaws 352. Deeming provision
Regulations
Alcohol Ignition Interlock Device Program RegulationsAppeal and Review Fee RegulationsBreath Analysis Equipment RegulationsCarrier Fitness RegulationsDriver's Licence Demerit Point RegulationsDriver's Licence RegulationsFinancial Responsibility RegulationsGeneral Identification Card RegulationsHours of Service RegulationsLarge Vehicle Control RegulationsMotor Vehicle Equipment RegulationsMotor Vehicle Registration and Licence Plate RegulationsMotorcycle Helmet RegulationsRegulations Respecting Exemptions to the Motor Vehicles ActRestricted Electronic Devices RegulationsSchool Bus RegulationsSeasonal Highway RegulationsSeat Belt Assembly and Child Restraint System Regulations

INTERPRETATION

Definitions

1.

In this Act,

"adjudicator" means an adjudicator appointed under subsection 320(1); (arbitre)

"all-terrain vehicle" means an all-terrain vehicle as defined in the All-terrain Vehicles Act; (véhicule tout-terrain)

"bicycle" means a cycle having any number of wheels that is propelled by human power and on which a person may ride; (bicyclette)

"bus" means a motor vehicle with a maximum seating capacity set by the manufacturer of more than 10 persons, including the driver’s seat; (autobus)

"Canadian jurisdiction" means a territory or province of Canada; (autorité canadienne)

"centre line" means the real or imaginary line that divides the lanes for traffic travelling in opposite directions on a two-way roadway; (axe médian)

"certificate of registration" means a certificate of registration or an interim certificate of registration issued under Part I; (certificat d’immatriculation)

"commercial vehicle" means a motor vehicle used for business purposes; (véhicule utilitaire)

"construction vehicle" means a grader, loader, shovel, tractor, mobile crane, backhoe, forklift and other similar equipment not normally used for travel on a highway; (véhicule de construction)

"council" means the council of a municipal corporation; (conseil)

"crosswalk" means

(a) that part of a roadway at an intersection

(i) marked as a pedestrian crossing by a traffic control device,

(ii) that lies between imaginary lines connecting the lateral lines of the sidewalks on opposite sides of the highway where there are no marked pedestrian crossings and the intersecting highways have sidewalks, and

(iii) that lies between an imaginary line connecting the curb or edge of the roadway on opposite sides of the highway and an imaginary line parallel to and 1.5 m back from the first line where there are no marked pedestrian crossings and the intersecting highways do not have sidewalks, and

(b) that part of a roadway other than at an intersection, marked as a pedestrian crossing by a traffic control device; (passage pour piétons)

"curb or edge" means, in respect of a roadway, the edge of the roadway, if the roadway does not have a curb; (bordure ou côté de la chaussée)

"dealer" means a person regularly engaged in the business of selling or exchanging motor vehicles or buying motor vehicles for the purpose of resale; (concessionnaire)

"Deputy Registrar" means a Deputy Registrar of Motor Vehicles appointed under subsection 317(1); (registraire adjoint)

"designated seating position" means a designated seating position as defined in the Motor Vehicle Safety Regulations, made under the Motor Vehicle Safety Act (Canada); (place assise désignée)

"driver" means a person who operates a vehicle or, where the vehicle is not in motion, the person who is in actual physical control of the vehicle; (conducteur)

"driver’s licence" means a driver’s licence or interim driver’s licence issued under Part II; (permis de conduire)

"driving record" means a record of information held by the Registrar in respect of an individual driver’s history or to an individual’s history of operating an all-terrain vehicle; (dossier de conduite)

"emergency vehicle" means

(a) a motor vehicle that is used for emergency purposes, carries rescue or first aid equipment and has markings on the outside of the vehicle indicating that it is used for emergency purposes, or

(b) a motor vehicle that is operated by a member of a fire department in the performance of his or her duties and has markings on the outside of the vehicle indicating that it is used by a fire department; (véhicule de secours)

"enforcement vehicle" means a motor vehicle operated by a person authorized to enforce an Act of the Northwest Territories, an Act of Canada or the bylaws of a municipal corporation; (véhicule de police)

"examiner" means a driver examiner appointed under subsection 319(1) and a person who, by virtue of his or her office, is a driver examiner under subsection 319(2); (examinateur)

"extra-territorial jurisdiction" means

(a) a Canadian jurisdiction other than the Northwest Territories, or

(b) a foreign jurisdiction; (autorité extraterritoriale)

"foreign jurisdiction" means a country or a political subdivision of a country other than Canada; (autorité étrangère)

"general identification card" means a general identification card issued under Part VIII.1; (carte d’identité)

"gross weight" means the combined weight of a vehicle and its load; (poids brut)

"highway" means a road, place, bridge or structure, whether publicly or privately owned, that the public is ordinarily entitled or permitted to use for the passage of vehicles and includes

(a) a privately or publicly owned area that is designed and primarily used for the parking of vehicles, other than the driveway of a private dwelling,

(b) where a plan of survey or other instrument establishes a highway, the area between the boundary lines of the highway as shown on the plan of survey or instrument,

(c) a sidewalk, pathway, ditch or shoulder adjacent to and on either side of the travelled portion of the road or place and the area between the sidewalk, pathway, ditch or shoulder and the travelled portion of the road or place, and

(d) a road on a frozen body of water or water course or a road that can be used for only a portion of a year; (route)

"in transit permit" means an in transit permit referred to in section 31; (autorisation de transit)

"insurance card" means a card issued under the Insurance Act that evidences the issue, renewal or continuation of a motor vehicle liability policy insuring the owner of a motor vehicle in respect of the ownership, use or operation of that vehicle; (carte d’assurance)

"intersection" means the area closed by the imaginary extension and connection of the curbs or edges of roadways that intersect or join at an angle; (intersection)

"judge" means a judge of the Supreme Court, a justice, territorial judge, youth justice court judge and a judge of a court of appeal; (juge)

"jurisdiction" means the Northwest Territories or an extra-territorial jurisdiction. (autorité compétente)

"licence plate" means a licence plate issued under PartI and includes a certificate issued under subsection 43(1); (plaque d’immatriculation)

"motorcycle" means a motor vehicle that

(a) has two or three wheels,

(b) is designed for use on a highway, and

(c) does not have a cab for the driver; (motocyclette)

"motor vehicle" means a vehicle propelled or driven by power other than muscular power and includes a trailer, but does not include

(a) an aircraft, a marine vehicle or an all- terrain vehicle,

(b) a device that runs or is designed to run exclusively on rails, or

(c) a mechanically propelled wheelchair; (véhicule automobile)

"motor vehicle liability policy" means a motor vehicle liability policy as defined in the Insurance Act; (police de responsabilité automobile)

"NSC vehicle" means a commercial vehicle that is

(a) a truck, truck tractor, or trailer, or a combination of a truck or truck tractor and one or two trailers, where the gross weight of the motor vehicle or the combination of motor vehicles exceeds 4,500 kg, and

(b) a bus, other than a bus operated by the owner exclusively for his or her personal use; (véhicule CCS)

"officer" means a motor vehicle officer described in section 318; (agent)

"owner" means, in respect of a motor vehicle and subject to section 3, the person who has legal title; (propriétaire)

"park", in respect of a vehicle, means the stopping of a vehicle, whether occupied or not, except where

(a) the vehicle is stopped in accordance with the direction of an officer or traffic control device,

(b) the flow of traffic requires the vehicle to be stopped, or

(c) the vehicle is temporarily stopped for the purpose of and while engaged in loading or unloading; (stationner)

"pedestrian" means a person on foot or in a wheelchair and includes a child in a carriage or carried by a person on foot; (piéton)

"Registrar" means the Registrar of Motor Vehicles appointed under subsection 315(1); (registraire)

"registration permit" means a registration permit referred to in section 26; (autorisation d’immatriculation)

"roadway" means the part of a highway that is improved, designed or ordinarily used for the passage of vehicles, but does not include the shoulder of a highway; (chaussée)

"school bus" means a motor vehicle used to convey students to or from school or any other place approved by the authority in charge of the school that the students attend where

(a) the vehicle is owned or operated by the authority in charge of the school, or

(b) the vehicle is operated pursuant to a contract with the authority in charge of the school; (autobus scolaire)

"short-term permit" means a short-term permit referred to in section 35.1; (autorisation de courte durée)

"sidewalk" means the part of a highway beside or near a curb or edge of a roadway that is improved for the use of pedestrians; (trottoir)

"taxi" means a motor vehicle, other than a bus, that is used to transport passengers for compensation; (taxi)

"through highway" means a highway or part of a highway, for which traffic is not required to yield or to stop at intersections; (route à priorité)

"traffic" includes vehicles, ridden or herded animals and all-terrain vehicles; (circulation)

"traffic control device" means a sign, signal, light, line, marking or device placed or erected under a bylaw made under subsection 346(1) of this Act or section 5 of the Public Highways Act, for the purpose of regulating, warning or guiding pedestrians or traffic; (dispositif de signalisation)

"traffic light" means a traffic control device that uses shapes, symbols or words that are periodically illuminated to direct traffic or pedestrians to stop and to proceed; (feu de signalisation)

"trailer" means a vehicle that is designed to be drawn on a highway by a motor vehicle, whether or not part of its weight or load rests on or is carried by that motor vehicle, but does not include a side car attached to a motorcycle; (remorque)

"valid" means, in respect of a document issued under or referred to in this Act or the regulations, a document that

(a) is not under suspension,

(b) has not been cancelled, and

(c) has not expired; (valide)

"vehicle" includes any vehicle designed to travel on land that is drawn, propelled or driven by any kind of power, including muscular power, but does not include an all-terrain vehicle or a device that is designed to run on rails; (véhicule) "vehicle safety item" means any equipment, device or article that may be

(a) attached to, carried in or a part of a vehicle, or

(b) worn by a driver or passenger in or on a vehicle,

that may affect the safety of the driver, a passenger in or on the vehicle or the public, whether or not the vehicle is in motion. (article de sécurité) RSNWT 1988,c.44(Supp.),s.2; SNWT 1994,c.14, s.2; SNWT 1994,c.33,s.2; SNWT 1998, c.21,s.14(2); SNWT 2001,c.13,s.2; SNWT 2003, c.9,s.8(2); SNWT 2003,c.14,s.2; SNWT 2006, c.5,Sch.,s.1; SNWT 2009,c.13,s.2(1),3(1); SNWT 2014,c.4,s.2; SNWT 2015,c.29,s.12(2); SNWT 2015,c.28,s.2; SNWT 2024,c.9,s.17(2).

National Defence Act (Canada)

1.1.

A reference in this Act or the regulations to a charge, discharge or order in respect of or a conviction for or finding of guilt for an offence under the Criminal Code includes a charge, discharge or order in respect of or a conviction for or finding of guilt for the corresponding offence under the National Defence Act (Canada). SNWT 2003,c.14,s.3.

GOVERNMENT OF THE

NORTHWEST TERRITORIES

Government bound by Act and regulations

2.

This Act and the regulations bind the Government of the Northwest Territories and its agents.

PART I

REGISTRATION OF

INTERPRETATION

Qualification

3.

(1) Repealed, SNWT 2014,c.4,s.3(1).

Qualification

(2) In this Part, where a motor vehicle is subject to a contract providing that the person in possession of the motor vehicle shall receive legal title to the motor vehicle on compliance with the terms of the contract, "owner" means the person in possession of the motor vehicle.

Idem

(3) Notwithstanding subsection (2), in this Part, a person who obtains a leasehold interest in a motor vehicle for more than 30 days is an "owner" and a person who obtains a leasehold interest in a motor vehicle for 30 days or less is not an "owner". SNWT 2014,c.4,s.3.

Application by agent

4.

(1) An application made by an owner of a motor vehicle or a dealer under this Part may be made by the agent of the owner or dealer.

Authority of agent

(2) The Registrar may reject an application made under this Part by an agent where the Registrar is not satisfied that the owner or dealer has authorized the agent to act on behalf of the owner or the dealer.

REGISTRATION AND

LICENCE PLATE

Registration

5.

Subject to section 7, no person shall operate a motor vehicle on a highway unless

(a) there is a valid certificate of registration that contains a description of the motor vehicle other than a certificate of registration that indicates, pursuant to subsection 15(2), that no licence plate was issued with the certificate; or

(b) there is a valid certificate of registration issued to a dealer that does not contain a description of a motor vehicle and there is a licence plate of the prescribed class for dealers attached to the vehicle.

SNWT 1994,c.14,s.3,4.

Licence plate

6.

Subject to section 7, no person shall operate a motor vehicle on a highway unless

(a) a licence plate that was issued to the person named in the certificate of registration is attached to the motor vehicle; and

(b) the licence plate attached to the motor vehicle is a current series of licence plate issued by the Registrar.

SNWT 2015,c.28,s.3.

Motor vehicles registered outside Northwest Territories

7.

(1) Sections 5 and 6 do not apply to a person operating a motor vehicle on a highway where the owner of the motor vehicle has complied with the laws of an extra-territorial jurisdiction respecting registration and licence plates and

(a) the motor vehicle

(i) has been in the Northwest Territories for a period not exceeding 90 consecutive days, and

(ii) is not a commercial vehicle;

(b) there is a valid registration permit for the motor vehicle in the name of the owner;

(c) the motor vehicle

(i) is a commercial vehicle,

(ii) has a gross weight below the prescribed weight, and

(iii) is in the Northwest Territories for a period not exceeding 30 consecutive days;

(d) the owner of the motor vehicle is temporarily resident in the Northwest Territories for the purpose of attending an educational institution as a student or is participating as a student in an exchange program or other educational program recognized by the Registrar; or

(e) the motor vehicle is a commercial vehicle that is a trailer.

In transit permit

(2) Sections 5 and 6 do not apply to a person operating a motor vehicle on a highway where there is a valid in transit permit for the motor vehicle. SNWT 2009,c.13,s.4(1),5(1); SNWT 2014,c.4, s.4(1),(2); SNWT 2015,c.28,s.4.

Requirement for new owner to obtain registration

8.

(1) Subject to subsection (2), a person who becomes an owner of a motor vehicle for which a certificate of registration has been issued, other than a motor vehicle described in a notice referred to in section 9 that has been accepted by the Registrar, shall obtain a new certificate of registration for the motor vehicle within 30 days of becoming the owner.

Idem

(2) Where a person, who has been prohibited from applying for a certificate of registration by the Registrar, becomes the owner of a motor vehicle for which a certificate of registration has been issued, the person shall obtain a new certificate of registration for the motor vehicle within 30 days after the expiration of the period of prohibition.

Inoperable motor vehicle

9.

(1) Where a motor vehicle for which a certificate of registration has been issued is inoperable and the motor vehicle cannot be put into an operable condition, the owner of the motor vehicle shall notify the Registrar of this fact without delay.

Where no further certificates of registration

(2) Where the Registrar receives a notice referred to in subsection (1) and is satisfied that the motor vehicle cannot be put into an operable condition, the Registrar shall not issue another certificate of registration for the motor vehicle described in the notice.

Motor vehicles brought into Northwest Territories

10.

(1) An owner of a motor vehicle that is registered under the laws of an extra-territorial jurisdiction referred to in paragraph 7(1)(a) shall obtain a certificate of registration for the motor vehicle by the day that the motor vehicle has been in the Northwest Territories for 91 consecutive days regardless of whether the motor vehicle is operated on a highway.

Exemption

(2) Subsection (1) does not apply to an owner of a motor vehicle who is temporarily resident in the Northwest Territories for the purpose of attending an educational institution as a student or is participating as a student in an exchange program or other educational program recognized by the Registrar. SNWT 2009,c.13, s.4(1),5(1).

Application by owner

11.

(1) The owner of a motor vehicle may apply to the Registrar to have a certificate of registration, registration permit, in transit permit or short-term permit, or licence plate issued for that motor vehicle.

Application by dealer

(2) A dealer may apply to the Registrar for a certificate of registration that does not contain a description of a motor vehicle, an in transit permit or licence plate for motor vehicles that are in the possession of the dealer and that the dealer intends to sell in the course of his or her business as a dealer. SNWT 2015,c.28,s.5.

Duty to issue

12.

The Registrar shall issue a certificate of registration, registration permit, in transit permit or short-term permit, or licence plate to a person applying for such a document or licence plate where the person meets the requirements of this Act and the regulations for that document or licence plate. SNWT 2015,c.28,s.6.

CERTIFICATES OF REGISTRATION

Certificate of registration

13.

(1) The Registrar shall not issue a certificate of registration to an owner of a motor vehicle unless

(a) the owner completes an application that contains a postal and residential address for the owner in the Northwest Territories or, if the owner is a corporation, a postal address and an address setting out the location of the owner’s place of business in the Territories;

(b) the Registrar is satisfied in accordance with the prescribed standards that the applicant is the owner of the motor vehicle;

(c) where the motor vehicle is intended to be operated on a highway, the owner submits a certificate issued under subsection 38(1), an insurance card or written proof satisfactory to the Registrar that the owner has obtained a motor vehicle liability policy that complies with the Insurance Act for the vehicle;

(c.1) where the motor vehicle is an NSC vehicle, the Registrar is satisfied that the owner has not been assigned an unsatisfactory safety rating under the regulations;

(d) the Registrar is satisfied that there is no judgment of a court in any jurisdiction for damages against the owner arising out of a traffic accident

(i) of which there is no insurance available for payment of the damages, and

(ii) that has not been satisfied within 30 days of the judgment becoming final;

(e) the Registrar is satisfied that the owner is not prohibited by this Act from applying for a certificate of registration; and

(f) the owner submits the prescribed fee.

Early renewal

(2) The Registrar shall not issue a certificate of registration for a motor vehicle to a person who is named on a valid certificate of registration for the same motor vehicle if there are more than 90 days before the date of expiry on the valid certificate unless the Registrar is satisfied that there are circumstances that justify issuing a certificate earlier than 90 days before the date of expiry.

Existing certificates

(3) The Registrar shall not issue a new certificate of registration for a motor vehicle to a person who is named in a certificate of registration that has or is about to expire for the vehicle unless the person submits the original or a replacement certificate of registration for the vehicle issued in the name of the person applying. RSNWT 1988,c.44 (Supp.),s.3; SNWT 2009,c.13,s.6.

Where extra- territorial registration suspended or cancelled

14.

The Registrar shall not issue a certificate of registration to an owner of a motor vehicle that has been registered under the laws of an extra-territorial jurisdiction where, at the time the application is made, the registration of the owner is suspended or the registration of the owner has been cancelled and the owner is prohibited from obtaining a new certificate, unless

(a) the Registrar is satisfied that he or she knows the facts on which the suspension or cancellation is based; and

(b) based on the Registrar’s knowledge of the facts, no suspension or cancellation of the registration could be made in the Northwest Territories or, if a cancellation could be made in the Territories, the owner could not be prohibited from applying for a certificate of registration or the period of prohibition would have expired in the Territories.

SNWT 2009,c.13,s.7.

Exemption from insurance

15.

(1) Paragraph 13(1)(c) does not apply to an owner

(a) who does not intend to operate the motor vehicle on a highway; or

(b) who is a dealer who intends to sell the motor vehicle in the course of his or her business as a dealer.

Where no licence plate issued on registration

(2) Where the Registrar issues a certificate of registration to an owner of a motor vehicle who did not submit a certificate, an insurance card or written proof referred to in paragraph 13(1)(c) for the motor vehicle, the Registrar shall not issue a licence plate to the owner based on that certificate of registration and the certificate of registration must indicate that no licence plate was issued with the certificate. SNWT 1994, c.14,s.6.

Attaching licence plates

16.

(1) No person shall attach a licence plate to a motor vehicle described in a certificate of registration referred to in subsection 15(2) unless

(a) the licence plate is of the class for dealers; and

(b) a valid certificate of registration in the name of a dealer that does not contain a description of a motor vehicle is inside the motor vehicle.

Operation of motor vehicle

(2) No person shall operate a motor vehicle described in a certificate of registration referred to in subsection 15(2) on a highway, unless

(a) a licence plate of the class for dealers is attached to the motor vehicle; and

(b) a valid certificate of registration in the name of a dealer that does not contain a description of a motor vehicle is inside the motor vehicle.

Taxis and school busses

17.

(1) An owner who intends to use his or her motor vehicle as a school bus or taxi shall, when applying for a certificate of registration for the motor vehicle, notify the Registrar of this intention.

Insurance requirements

(2) The Registrar shall not issue a certificate of registration to an owner of a motor vehicle who has notified the Registrar that he or she intends to use the motor vehicle as a school bus or taxi unless the Registrar is satisfied that the motor vehicle, when operated as a school bus or taxi, will be covered by a motor vehicle liability policy that insures at least to the prescribed limits against liability resulting from bodily injury to or the death of one or more persons and loss of or damage to property.

Dealer’s certificate of registration

18.

The Registrar shall not issue a certificate of registration that does not contain a description of a motor vehicle to a dealer unless

(a) the dealer completes an application that contains a postal address for the dealer in the Northwest Territories and an address setting out the place of business of the dealer in the Territories;

(b) the Registrar is satisfied in accordance with the prescribed standards that the applicant is a dealer;

(c) the Registrar is satisfied that each motor vehicle that is operated in the course of the business of the dealer under the certificate will be covered by a motor vehicle liability policy that complies with the Insurance Act;

(d) the Registrar is satisfied that there is no judgment of a court in any jurisdiction for damages against the dealer arising out of a traffic accident

(i) for which there is no insurance available for payment of the damages, and

(ii) that has not been satisfied within 30 days of the judgment becoming final;

(e) the Registrar is satisfied that the dealer is not prohibited by this Act from applying for a certificate of registration; and

(f) the dealer submits the prescribed fee.

SNWT 2009,c.13,s.8.

Non-payment of fine

19.

The Registrar may refuse to issue a certificate of registration to an owner or dealer if

(a) the owner or dealer has been required to pay a fine for contravening

(i) this Act or the regulations,

(ii) the following Acts or any regulations made under those Acts in respect of the operation of a motor vehicle:

(iii) a bylaw made under Part XII; and

(b) the time allowed for payment of the fine has passed and the fine is outstanding.

SNWT 2006,c.5,Sch.,s.2; SNWT 2009,c.13, s.3(1); SNWT 2011,c.26,s.2.

Interim certificate of registration

20.

(1) Where an owner or dealer is entitled to be issued a certificate of registration, but it is impracticable for the Registrar to issue the certificate, the Registrar may issue an interim certificate of registration to the owner or dealer.

Deemed compliance

(1.1) An owner or dealer who has been issued an interim certificate under subsection (1) and who carries the certificate while it is valid in the motor vehicle to which the certificate applies, is in compliance with the provisions of this Act and the regulations respecting the certificate of registration.

Expiration of interim certificate

(2) An interim certificate of registration expires 90 days after it is issued or after a shorter period that may be specified by the Registrar on the interim certificate.

Instructions

(3) The owner or dealer shall, at the time of receiving an interim certificate, specify whether the Registrar is

(a) to notify the owner or dealer, or

(b) to mail the certificate of registration to the owner or dealer,

when the certificate of registration is issued.

Compliance with instructions

(4) When the certificate of registration is issued, the Registrar shall notify the owner or dealer or mail the certificate in accordance with the instructions provided under subsection (3).

Destruction of interim certificate

(5) The owner or dealer shall, on receipt of the certificate of registration, destroy the interim certificate. SNWT 2014,c.4,s.5.

EXPIRATION OF CERTIFICATES

Expiration of certificate of registration

21.

(1) A certificate of registration that does not contain a description of a motor vehicle issued to a dealer expires on the earliest of the following days:

(a) the day specified by the Registrar in the certificate;

(b) 90 days after the death or, where the dealer is a corporation, the dissolution of the dealer.

Idem

(2) A certificate of registration, other than a certificate referred to in subsection (1), expires on the earliest of the following days:

(a) the day specified by the Registrar in the certificate;

(b) the day that a person, other than the person named in the certificate or the executor or administrator of the estate of that person, becomes the owner of the motor vehicle described in the certificate;

(c) where the motor vehicle for which the certificate is issued is not a commercial vehicle, 60 days after the death of the person named in the certificate or, where the person is a corporation, 90 days after its dissolution;

(d) where the motor vehicle for which the certificate is issued is a commercial vehicle, 90 days after the death of the person named in the certificate or, where the person is a corporation, 90 days after its dissolution. SNWT 2014,c.4,s.4(1).

TRANSFER OF OWNERSHIP

Transfer on death or dissolution of dealer

22.

Where a certificate of registration that does not contain a description of a motor vehicle issued to a dealer expires under paragraph 21(1)(b), the executor or administrator of the estate of a deceased dealer or, where the dealer is a corporation that is dissolved, the person having legal authority to deal with the assets of the dissolved corporation shall, within 10 days after the expiration of the certificate,

(a) notify the Registrar of the death or dissolution of the dealer; and

(b) submit the licence plate described in the certificate of registration to the Registrar.

Transfer by voluntary act

23.

Where a certificate of registration expires under paragraph 21(2)(b) and the person named in the expired certificate has transferred ownership of the motor vehicle by a voluntary act,

(a) the person named in the expired certificate shall

(i) immediately remove the licence plate attached to the motor vehicle, and

(ii) sign the notice of transfer on the certificate of registration for the motor vehicle and give this notice to the new owner; and

(b) the new owner shall, within 10 days of becoming the owner, submit the notice of transfer to the Registrar.

SNWT 1994, c.14,s.7.

Transfer by operation of law

24.

Where a certificate of registration expires under paragraph 21(2)(b) and the new owner acquired ownership of the motor vehicle by operation of law or without the voluntary act of the person named in the expired certificate, the new owner shall

(a) immediately remove the licence plate attached to the motor vehicle and give it to the person named in the expired certificate or to the Registrar if that person cannot be located; and

(b) within 10 days of becoming the owner of the motor vehicle, notify the Registrar of the transfer of ownership.

SNWT 1994,c.14,s.8.

Transfer on death or dissolution

25.

Where a certificate of registration for a motor vehicle expires under paragraph 21(2)(c) or (d), the executor or administrator of the estate of the person named in the expired certificate or, where the person named in the expired certificate is a corporation, the person having legal authority over the assets of the dissolved corporation shall

(a) immediately remove the licence plates attached to the motor vehicle; and

(b) within 10 days after the expiration of the certificate

(i) notify the Registrar of the death or dissolution of the person named in the certificate, and

(ii) submit the licence plates removed from the motor vehicle to the Registrar.

REGISTRATION PERMITS

Registration permit

26.

(1) A registration permit authorizes the operation on a highway of a commercial vehicle

(a) that is registered in an extra-territorial jurisdiction; and

(b) for which there is a valid certificate of registration from an extra-territorial jurisdiction that authorizes the person named in the certificate to use a licence plate from that jurisdiction.

Expiry

(2) A registration permit expires within one year after its date of issue. RSNWT 1988, c.106(Supp.), s.2; SNWT 1994, c.14, s.9; SNWT 2009, c.13, s.4(1); SNWT 2014,c.4,s.6.

Requirements for registration permit

27.

The Registrar shall not issue a registration permit to the owner of a motor vehicle unless

(a) the Registrar is satisfied that the motor vehicle is registered and has licence plates attached in accordance with the laws of an extra-territorial jurisdiction;

(b) the owner submits a completed registration permit form;

(c) the Registrar is satisfied that the motor vehicle is a commercial vehicle;

(c.1) where the motor vehicle is an NSC vehicle, the Registrar is satisfied that the owner has not been assigned an unsatisfactory safety rating under the regulations;

(d) the Registrar is satisfied that there is no judgment of a court in any jurisdiction for damages against the owner arising out of a traffic accident

(i) for which there is no insurance available for payment of the damages, and

(ii) that has not been satisfied within 30 days of the judgment becoming final;

(e) the owner submits the prescribed fee;

(f) the owner submits proof in the prescribed manner that the owner meets the prescribed standards of financial responsibility with respect to the operation of the motor vehicle and any trailer it tows in the Northwest Territories; and

(g) the Registrar is satisfied that the owner is not prohibited by this Act from applying for a registration permit.

RSNWT 1988,c.44(Supp.),s.4; SNWT 2009, c.13, s.4(1),5(1); SNWT 2014,c.4,s.4(3).

Non-payment of fine

28.

The Registrar may refuse to issue a registration permit to an owner if

(a) the owner has been required to pay a fine for contravening

(i) this Act or the regulations,

(ii) the following Acts or any regulations made under those Acts, in respect of the operation of a motor vehicle:

(iii) a bylaw made under Part XII; and

(b) the time allowed for payment of the fine has passed and the fine is outstanding.

SNWT 2006,c.5,Sch.,s.3; SNWT 2009, c.13,s.3(1); SNWT 2011,c.26,s.3.

Conditions of registration

29.

(1) A registration permit is subject to

(a) any prescribed conditions; and

(b) any additional conditions that are required by the Registrar and appear on the permit.

Compliance with conditions

(2) Every person who operates a motor vehicle on a highway under the authority of a registration permit shall comply with the conditions that apply to the permit. SNWT 2009,c.13,s.9.

Expiry

30.

A registration permit expires on the day specified by the Registrar on the permit. RSNWT 1988, c.106(Supp.),s.3.

IN TRANSIT PERMITS

In transit permit

31.

(1) An in transit permit authorizes the operation, on a highway and between locations specified on the permit, of a motor vehicle

(a) that is not registered in an extra-territorial jurisdiction; and

(b) for which there is no valid certificate of registration that entitles the person named in the certificate to a licence plate.

Restriction

(2) An in transit permit does not authorize the operation of a commercial vehicle except for the operation of

(a) a commercial vehicle that does not carry a load; or

(b) a motor vehicle by a dealer or his or her driver in the course of his or her business as a dealer.

SNWT 1994,c.14,s.10; SNWT 2009,c.13,s.10; SNWT 2014,c.4,s.7.

Requirements for in transit permit

32.

The Registrar may not issue an in transit permit to an owner of a motor vehicle or a dealer unless the owner or dealer

(a) satisfies the Registrar that

(i) the motor vehicle is not registered in an extra-territorial jurisdiction, and

(ii) there is no valid certificate of registration for the motor vehicle that entitles the holder to a licence plate;

(b) satisfies the Registrar,

(i) in the case of a dealer, that he or she is a dealer in accordance with the prescribed standards, or

(ii) in the case of an owner, that he or she is the owner in accordance with the prescribed standards;

(c) submits a completed in transit form;

(d) submits the prescribed fee; and

(e) in the case of an owner, submits a certificate issued under subsection 38(1), an insurance card or written proof satisfactory to the Registrar that the owner has obtained a motor vehicle liability policy for the motor vehicle that complies with the Insurance Act or, in the case of a dealer, satisfies the Registrar that the motor vehicle, when operated in the course of the business of the dealer, will be covered by a motor vehicle liability policy that complies with the Insurance Act.

SNWT 1994, c.14, s.10; SNWT 2009, c.13, s.4(1),11; SNWT 2014,c.4,s.8.

Non-payment of fine

33.

The Registrar may refuse to issue an in transit permit to an owner or dealer if

(a) the owner or dealer has been required to pay a fine for contravening

(i) this Act or the regulations,

(ii) the following Acts or any regulations made under those Acts, in respect of the operation of a motor vehicle:

(iii) a bylaw made under Part XII; and

(b) the time allowed for payment of the fine has passed and the fine is outstanding.

SNWT 2006,c.5,Sch.,s.4; SNWT 2009,c.13, s.3(1); SNWT 2011,c.26,s.4.

Conditions of in transit permit

34.

(1) The Registrar shall specify on an in transit permit the day and the locations between which the motor vehicle described on the permit may be operated.

Requirement to comply

(2) A person shall only operate a motor vehicle on a highway under the authority of an in transit permit on the day and between the locations specified on the permit.

Display of in transit permit

(3) A person shall only operate a motor vehicle on a highway under the authority of an in transit permit

(a) if the in transit permit is displayed on the right side of the windshield, in the case of a motor vehicle equipped with a windshield; or

(b) if the in transit permit is carried by the driver of the motor vehicle, in the case of a motor vehicle not equipped with a windshield.

vehicle that is being operated under the authority of an in transit permit, the windshield referred to in subsection (3) is the windshield of the towing motor vehicle. SNWT 2009,c.13,s.12.

Obligations on operator

35.

A person operating a motor vehicle on a highway under the authority of an in transit permit shall

(a) take the most direct route allowed by law between the locations specified on the permit; and

(b) destroy the permit immediately after the motor vehicle reaches the destination specified on the permit.

SHORT-TERM PERMITS

Short-term permit

35.1.

(1) A short-term permit authorizes the operation, on a highway for a period of time and in the locations specified on the permit, of a motor vehicle

(a) that is not registered in an extra-territorial jurisdiction; and

(b) for which there is no valid certificate of registration that entitles the person named in the certificate to a licence plate.

Restriction

(2) A short-term permit expires within six months after its issue. SNWT 2009,c.13,s.13.

Requirements for short-term permit

35.2.

The Registrar may not issue a short-term permit to an owner of a motor vehicle unless the owner

(a) satisfies the Registrar that

(i) the motor vehicle is not registered in an extra-territorial jurisdiction, and

(ii) there is no valid certificate of registration for the motor vehicle that entitles the holder to a licence plate;

(b) satisfies the Registrar that he or she is the owner in accordance with the prescribed standards;

(c) submits a completed short-term permit form;

(d) submits the prescribed fee; and

(e) submits a certificate issued under subsection 38(1), an insurance card or written proof satisfactory to the Registrar that the owner has obtained a motor vehicle liability policy for the motor vehicle that complies with the Insurance Act.

SNWT 2009,c.13,s.13; SNWT 2014,c.4,s.8.

Non-payment of fine

35.3.

The Registrar may refuse to issue a short-term permit to an owner if

(a) the owner has been required to pay a fine for contravening

(i) this Act or the regulations,

(ii) the following Acts or any regulations made under those Acts, in respect of the operation of a motor vehicle:

(iii) a bylaw made under Part XII; and

(b) the time allowed for payment of the fine has passed and the fine is outstanding.

SNWT 2009,c.13,s.13; SNWT 2011,c.26,s.5.

Conditions of short-term permit

35.4.

(1) The Registrar shall specify on a short-term permit the period of time that the motor vehicle described on the permit may be operated.

Requirement to comply

(2) A person shall only operate a motor vehicle on a highway under the authority of a short-term permit for the period of time and in the locations specified on the permit.

Display of short-term permit

(3) A person shall only operate a motor vehicle on a highway under the authority of a short-term permit

(a) if the short-term permit is displayed on the right side of the windshield, in the case of a motor vehicle equipped with a windshield; or

(b) if the short-term permit is carried by the driver of the motor vehicle, in the case of a motor vehicle not equipped with a windshield.

vehicle that is being operated under the authority of a short-term permit, the windshield referred to in subsection (3) is the windshield of the towing motor vehicle. SNWT 2009,c.13,s.13.

Conditions

35.5.

(1) A short-term permit is subject to

(a) any prescribed conditions; and

(b) any conditions that are required by the Registrar and appear on the permit.

Requirement to comply

(2) A person who operates a motor vehicle on a highway under the authority of a short-term permit shall comply with the conditions that apply to the permit. SNWT 2009,c.13,s.13.

INSURANCE

Definition: "visiting force"

36.

(1) For the purposes of subsection (3), "visiting force" means a visiting force as defined in the Visiting Forces Act (Canada).

Requirement for insurance

(2) No person shall park a motor vehicle on a highway, other than a privately owned area that is designed and primarily used for the parking of vehicles, or operate a motor vehicle on a highway unless,

(a) with respect to a motor vehicle for which there is a certificate of registration or an in transit permit or that is not registered under the laws of any jurisdiction, there is

(i) a motor vehicle liability policy that is in force and that evidences a contract that insures at least to the limits required by section 144 of the Insurance Act, or

(ii) a valid certificate issued under subsection 38(1); or

(b) with respect to a motor vehicle registered under the laws of an extra-territorial jurisdiction, the owner of the motor vehicle meets the prescribed standards of financial responsibility with respect to the operation of the motor vehicle in the Northwest Territories or, where the motor vehicle is a commercial vehicle that is a trailer, the owner of the motor vehicle towing the trailer meets the prescribed standards of financial responsibility with respect to the operation of the trailer in the Territories.

Exemption

(3) Subsection (2) does not apply to a person who is a member of a visiting force operating a service motor vehicle of that visiting force. SNWT 2009, c.13,s.4(1),14; SNWT 2014,c.4,s.4(4).

School busses and taxis

37.

No person shall operate, on a highway, a motor vehicle as a school bus or taxi unless there is in respect of that vehicle a motor vehicle liability policy that is in force and that evidences a contract that insures at least to the prescribed limits against liability resulting from bodily injury to or the death of one or more persons and loss of or damage to property when the vehicle is operated as a school bus or taxi.

Certificate of financial responsibility

38.

(1) Where an owner has made arrangements satisfactory to the Registrar respecting the provision of security for the payment of compensation for the injury or death of persons or loss or damage to property caused by the operation of a motor vehicle of the owner, the Registrar may issue a certificate of financial responsibility stating that the owner has made this arrangement.

Application of certificate

(2) A certificate of financial responsibility issued to an owner under subsection (1) applies to the motor vehicles that are described on certificates of registration issued, from time to time, in the name of the owner.

SNWT 2015,c.28,s.7.

LICENCE PLATES

Transferring licence plate

39.

(1) Subject to subsection (2), where the ownership of a motor vehicle is transferred, otherwise than on the death of the owner or, if the owner is a corporation, on the dissolution of the corporation, the person named in the certificate of registration for the motor vehicle may transfer the licence plate from the vehicle that is no longer owned by the person to another motor vehicle that he or she owns.

Obtaining certificate of registration

(2) Where a person transfers a licence plate to a motor vehicle under subsection (1), the person shall, within 14 days of the transfer, obtain a new certificate of registration for the vehicle and advise the Registrar of the numbers or letters on the licence plate attached to the vehicle.

Restriction

(3) The person referred to in subsection (1) shall not transfer a licence plate to a motor vehicle under subsection (1) if it is an offence to operate the vehicle with that class of licence plate. RSNWT 1988,c.106 (Supp.),s.4; SNWT 1994,c.14,s.11,12,13; SNWT 2015, c.28,s.8.

Issuing licence plate

40.

The Registrar shall not issue a licence plate to an owner of a motor vehicle unless the owner

(a) has applied for and is entitled to receive a certificate of registration for the motor vehicle, other than a certificate of registration referred to in subsection 15(2);

(b) meets the prescribed eligibility requirements for the licence plate; and

(c) submits the prescribed fee.

SNWT 2015,c.28,s.9.

Issuing licence plate to dealer

41.

If the Registrar issues a certificate of registration that does not contain a description of a motor vehicle to a dealer, the Registrar shall, on payment of the prescribed fee, issue to the dealer one licence plate of the class for dealers. SNWT 2015,c.28,s.9.

Licence plates identified on certificate of registration

42.

(1) Where the Registrar issues a certificate of registration, other than a certificate of registration referred to in subsection 15(2), the certificate must identify

(a) the licence plate that the Registrar has issued in respect of that certificate; or

(b) the licence plate that is being transferred to the motor vehicle described in the certificate pursuant to section 39.

Prohibition

(2) No person shall operate a motor vehicle on a highway under a certificate of registration unless the licence plate attached to the motor vehicle is the licence plate identified in the certificate of registration. SNWT 1994,c.14,s.15,16.

Certificate respecting licence plate

43.

(1) If an owner or dealer is entitled to be issued a licence plate but it is impracticable for the Registrar to issue the licence plate, the Registrar may issue to the owner or dealer a certificate stating that the owner or dealer is entitled to the specified class of licence plate in respect of a motor vehicle to which the certificate applies.

Deemed compliance

(2) An owner or dealer who has been issued a certificate under subsection (1) and who carries the certificate while it is valid in the motor vehicle to which the certificate applies, is in compliance with the provisions of this Act and the regulations respecting the licence plate of the class described in the certificate.

Expiration of certificate

(3) A certificate referred to in subsection (1) expires 18 months after it is issued, or after a shorter period that may be specified by the Registrar on the certificate.

Instructions

(4) At the time of receiving a certificate referred to in subsection (1), the owner or dealer shall instruct, when the licence plate is issued, whether the Registrar is to

(a) notify the owner or dealer of the issue of the licence plate; or

(b) mail the licence plate to the owner or dealer.

Compliance with instructions

(5) When the licence plate is issued, the Registrar shall notify the owner or dealer or mail the licence plate in accordance with the instructions provided under subsection (4).

Destruction of certificate

(6) The owner or dealer shall, on receipt of the licence plate, destroy the certificate. SNWT 2015, c.28,s.10.

New series of licence plates

44.

The Registrar may, from time to time, issue a new series of licence plates.

45.

Repealed, SNWT 2015,c.28,s.11.

Use of licence plate

46.

(1) No person shall operate or park, on a highway, a motor vehicle with a licence plate attached unless the licence plate was issued by the Registrar to the person or dealer named in the certificate of registration for the vehicle.

Improper use of licence plate

(2) A person who has been issued a licence plate shall not knowingly permit another person to use the licence plate in contravention of subsection (1). SNWT 2015, c.28,s.12.

Application

47.

(1) This section applies to a person who is operating a motor vehicle under the authority of a certificate of registration.

Requirement for placing of licence plate

(2) Subject to subsection (2.1), no person shall operate or park a motor vehicle, other than a motorcycle, trailer or a prescribed class of motor vehicle, on a highway unless a licence plate is securely attached to the rear bumper of the vehicle.

Vehicle having gross weight over 4500 kg

(2.1) No person shall operate or park on a highway a commercial vehicle having a gross weight that exceeds 4500 kg unless that vehicle has a licence plate attached to the front bumper.

Motorcycles

(3) No person shall operate or park a motorcycle on a highway unless a licence plate is securely attached to the rear fender of the motorcycle.

Trailers

(4) No person shall operate or park a trailer on a highway unless a licence plate is securely attached to the back of the trailer at a position not lower than the rear axle. SNWT 1994,c.14,s.22; SNWT 2014, c.4,s.10.

Licence plates from other jurisdictions

47.1.

(1) Subject to subsection (2), no person shall operate a motor vehicle with licence plates issued by more than one jurisdiction attached to the motor vehicle.

Exception

(2) Subsection (1) does not apply to a person in possession of a registration permit for the operation of a commercial vehicle having a gross weight that exceeds 4500 kg.

Plate of current issue

(3) No person shall operate a motor vehicle with a licence plate representing or purporting to represent the Northwest Territories, other than a licence plate of current issue, attached to the motor vehicle. SNWT 1994,c.14,s.23; SNWT 2009,c.13,s.5(1); SNWT 2014,c.4,s.11.

Definition: "licence plate"

48.

(1) In this section, "licence plate" means a licence plate issued under this Part or under the laws of an extra-territorial jurisdiction.

Obligations of driver

(2) No person shall operate or park a motor vehicle on a highway unless the licence plate attached to the motor vehicle is free of dirt and obstructions.

Defaced licence plates

(3) No person shall

(a) deface or alter a licence plate; or

(b) operate or park a motor vehicle on a highway with a defaced or altered licence plate attached to the motor vehicle.

Removal of licence plates

(4) No person shall

(a) remove a licence plate that is attached to a motor vehicle without the consent of the owner of the vehicle, unless the person is authorized by this Act or the regulations to remove the licence plate; or

(b) remove a licence plate attached to a motor vehicle that is parked on a highway unless a new licence plate is immediately attached to the vehicle.

SNWT 1994,c.14,s.24,25; SNWT 2009,c.13, s.4(1); SNWT 2015, c.28,s.13.

Parked motor vehicles must have licence plate

49.

(1) No person shall park and no owner shall allow a motor vehicle to stand on a highway, other than a privately owned area that is designed and primarily used for the parking of vehicles, unless a licence plate described in section 6 is attached to the motor vehicle.

Exemption

(2) Subsection (1) does not apply to a motor vehicle described in subsection 7(1) or a motor vehicle for which there is a valid in transit permit. SNWT 2015,c.28,s.14.

MISCELLANEOUS

Replacement certificates and permits

50.

(1) Where a certificate of registration, registration permit or in transit permit is lost, stolen or destroyed or becomes illegible, the person named in the certificate or permit may apply for a replacement.

Requirements for replacement certificates and permits

(2) The Registrar shall not issue a replacement certificate or permit to a person unless the person submits

(a) a completed application;

(b) the prescribed fee; and

(c) the existing certificate or permit if it is still in the possession of the person.

New licence plate

51.

(1) If a licence plate is lost, stolen, destroyed or becomes illegible, the person to whom the licence plate was issued may apply for a new licence plate.

Application

(2) A person may apply for a new licence plate under subsection (1) by submitting to the Registrar

(a) a completed application;

(b) the prescribed fee;

(c) the certificate of registration for the motor vehicle for which the licence plate was issued; and

(d) the existing licence plate, if it is still in the possession of the person.

New licence plate

(3) If a person submits an application in accordance with subsection (2), the Registrar shall issue to the person a new licence plate and a new certificate of registration. SNWT 2015,c.28,s.15.

Change of name or address

52.

(1) Where the person named in a certificate of registration changes his or her name or address as shown on the certificate, the person shall, within 15 days after the change, notify the Registrar in writing

(a) in respect of a change of name, of the old name and new name; and

(b) in respect of a change of address, of the old address and the new address in the Northwest Territories.

New certificate issued

(2) On receipt of a notice referred to in subsection (1) and the Registrar being satisfied that the information contained in the notice is complete and correct, the Registrar shall issue a new certificate showing the new name or address, as the case may be. SNWT 2009,c.13,s.5(1).

Restriction on application for certificate or permit

53.

(1) No person shall apply for a certificate of registration or registration permit during the period of time that the person is prohibited by the Registrar from applying for a certificate of registration and registration permit.

Restriction on application for registration permit

(2) No person shall apply for a registration permit for a motor vehicle during the period in which the certificate of registration or similar document issued under the laws of an extra-territorial jurisdiction for the vehicle is

(a) suspended; or

(b) cancelled and no new certificate or document has been obtained for the vehicle.

SNWT 2009,c.13,s.4(1).

Driving after certificate cancelled

54.

No person shall operate a motor vehicle on a highway

(a) while the certificate of registration for the vehicle is suspended; or

(b) where the certificate of registration for the vehicle has been cancelled and no new certificate of registration has been obtained.

Defence

55.

No person shall be found guilty of contravening section 53 or 54 if the person proves that he or she did not have actual notice of the prohibition, suspension or cancellation, as the case may be, before the alleged contravention.

Documents required for persons who are not dealers

56.

(1) Subject to subsection (2), a person who is not a dealer shall not operate a motor vehicle on a highway unless the following documents are located inside the vehicle:

(a) for a motor vehicle operated under a certificate of registration, if the vehicle is described in the certificate of registration,

(i) the certificate of registration, and

(ii) a certificate issued under subsection 38(1), an insurance card or other written proof accepted by the Registrar that the owner has obtained a motor vehicle liability policy for the motor vehicle that complies with the Insurance Act;

(b) for a motor vehicle operated under a registration permit, if the vehicle is described in the registration permit,

(i) the registration permit,

(ii) a document that establishes that the vehicle is registered under the laws of an extra-territorial jurisdiction, and

(iii) a prescribed document indicating that the owner of the motor vehicle meets the prescribed standards of financial responsibility with respect to the operation of the motor vehicle and any trailer it tows in the Northwest Territories;

(c) for a motor vehicle operated under paragraphs 7(1)(a), (c) or (d),

(i) a document that establishes that the vehicle is registered under the laws of an extra-territorial jurisdiction, and

(ii) a prescribed document indicating that the owner of the motor vehicle meets the prescribed standards of financial responsibility with respect to the operation of the motor vehicle in the Northwest Territories;

(d) for a motor vehicle operated under an in transit permit, if the vehicle is described in the in transit permit,

(i) the in transit permit, and

(ii) a certificate issued under subsection 38(1), an insurance card or other written proof accepted by the Registrar that the owner has obtained a motor vehicle liability policy for the motor vehicle that complies with the Insurance Act;

(e) for a motor vehicle operated under a short-term permit, if the vehicle is described in the short-term permit,

(i) the short-term permit, and

(ii) a certificate issued under subsection 38(1), an insurance card or other written proof accepted by the Registrar that the owner has obtained a motor vehicle liability policy for the motor vehicle that complies with the Insurance Act.

Documents required for dealers

(1.1) Subject to subsection (2), a person who is a dealer shall not operate a motor vehicle on a highway unless the following documents are located inside the vehicle:

(a) for a motor vehicle operated under a certificate of registration,

(i) the certificate of registration, and

(ii) a document issued by an insurance company indicating that the motor vehicle, when operated in the course of the business of the dealer, is covered by a motor vehicle liability policy that complies with the Insurance Act;

(b) for a vehicle operated under paragraphs 7(1)(a), (c) or (d),

(i) a document that establishes that the vehicle is registered under the laws of an extra-territorial jurisdiction, and

(ii) a prescribed document indicating that the owner of the motor vehicle meets the prescribed standards of financial responsibility with respect to the operation of the motor vehicle in the Northwest Territories;

(c) for a vehicle operated under an in transit permit

(i) the in transit permit, and

(ii) a certificate issued under subsection 38(1), an insurance card or other written proof accepted by the Registrar that the owner has obtained a motor vehicle liability policy for the motor vehicle that complies with the Insurance Act.

Trailers

(2) A person operating a motor vehicle that tows a trailer shall keep the documents referred to in subsection (1) in respect of the trailer either inside the motor vehicle that is towing the trailer or inside the trailer. SNWT 2009, c.13,s.4(1),5(1); SNWT 2014, c.4,s.12.

Proof of insurance respecting school busses and taxis

57.

(1) An officer who, on reasonable grounds, believes that a motor vehicle is being operated as a school bus or taxi may direct the driver of the vehicle or the person named in the certificate of registration issued under this Part or under the laws of an extra-territorial jurisdiction to produce proof satisfactory to the officer that there is in force with respect to that vehicle a motor vehicle liability policy described in section 37.

Time for compliance

(2) A person who is directed under subsection (1) to produce proof of insurance under subsection (1) may produce the proof to the officer within 48 hours after the officer gives the direction. SNWT 2009, c.13,s.4(1).

SUSPENSION AND CANCELLATION

Error on certificate or permit

58.

(1) Where a certificate of registration or registration permit is issued that contains an error, the Registrar may issue a new certificate or permit that is correct, cancel the erroneous certificate or permit, and personally serve or send the corrected certificate or permit by registered mail to the person named in the certificate or permit.

Return of erroneous certificate or permit

(2) A person who receives a corrected certificate of registration or registration permit shall return the certificate or permit that contains the error to the Registrar.

Destruction of certificate or permit

(3) The Registrar may destroy a certificate or permit that is returned under subsection (2).

Suspension for

59.

(1) Where

(a) a cheque is submitted in payment of the prescribed fee for a certificate of registration, a registration permit or an in transit permit, and

(b) the cheque is dishonoured,

the Registrar may suspend the certificate or permit.

Notice

(2) Where a certificate or permit is suspended under subsection (1), the Registrar shall send to the person named in the certificate or permit a notice that sets out that

(a) the certificate or permit is suspended for non-payment of fees; and

(b) the certificate or permit will be cancelled on the date specified in the notice unless payment of the prescribed fees for the certificate or permit and for the reinstatement of a suspended certificate or permit is received by the Registrar before that date.

Date of cancellation

(3) The date specified in the notice referred to in paragraph (2)(b) must be not less than

(a) 14 days after the day of service where there is personal service of the notice; or

(b) 14 days after the day on which the notice is deemed to have been received where the notice is sent by registered mail.

Requirements after receipt of notice

(4) On receipt of a notice referred to in subsection (2), the person named in the certificate of registration, registration permit or in transit permit shall, by the date specified in the notice,

(a) pay the prescribed fees for the certificate or permit and for the reinstatement of a suspended certificate or permit; or

(b) return to the Registrar

(i) the certificate of registration and the licence plate that is attached to the motor vehicle described in the certificate, or

(ii) the registration permit or in transit permit.

Cancellation

(5) If payment of the prescribed fees is not received by the Registrar by the date specified in the notice referred to in paragraph (2)(b), the Registrar may cancel the certificate of registration, registration permit or in transit permit.

Termination of suspension

(6) If payment of the prescribed fees for the certificate or permit and for the reinstatement of a suspended certificate or permit is received by the Registrar by the date specified in the notice referred to in paragraph (2)(b), the Registrar shall terminate the suspension of the certificate of registration, registration permit or in transit permit. SNWT 1994, c.14,s.27.

Where application contains false information

60.

(1) Where the Registrar issues a certificate of registration or a registration permit and then comes to believe, on reasonable grounds, that information contained in the application for the certificate of registration or registration permit or in a document submitted in support of that application is false or inaccurate, the Registrar may send to the person named in the certificate or permit a notice

(a) setting out the information contained in the application or supporting document that the Registrar believes is false or inaccurate and the grounds for this belief;

(b) specifying the time, day and place that the person may appear before the Registrar to satisfy the Registrar that

(i) the information is true and accurate, or

(ii) the person did not know that the information was false or inaccurate at the time of submitting it and to provide true and accurate information; and

(c) stating that if the person does not appear before the Registrar at the time, day and place specified or if the person does not satisfy the Registrar with respect to matters described in paragraph (b), the Registrar may

(i) cancel every certificate of registration or registration permit issued in the name of the person, and

(ii) prohibit that person from applying for a certificate of registration or registration permit for a period not exceeding two years.

Day of hearing

(2) The day of the hearing specified in the notice referred to in paragraph (1)(b) must be not less than

(a) 14 days after the day of service where there is personal service of the notice; or

(b) 14 days after the day that the notice is deemed to have been received where the notice is sent by registered mail.

Cancellation

(3) The Registrar may cancel every certificate of registration and registration permit issued in the name of the person referred to in subsection (1) and may prohibit that person from applying for a certificate of registration and a registration permit for a period not exceeding two years, if the person

(a) does not appear at the time, day and place specified in the notice referred to in paragraph (1)(b);

(b) does not satisfy the Registrar that the information identified in the notice referred to in paragraph (1)(a) is true and accurate; or

(c) does not satisfy the Registrar that he or she did not know the information identified in the notice referred to in paragraph (1)(a) was false or inaccurate at the time of submitting it or does not provide true and accurate information.

Notice

(4) Where the Registrar cancels every certificate of registration or registration permit of a person under subsection (3), the Registrar shall send a notice to the person advising the person of the cancellation and the prohibition from applying for a certificate or permit, if any.

Duty after cancellation

(5) On receipt of a notice referred to in subsection (4), the person named in the certificates of registration or registration permits that are cancelled under subsection (3) shall, without delay, deliver or mail to the Registrar the certificates of registration and licence plates that are attached to the motor vehicles described in the certificates and the registration permits, as the case may be.

Non-payment of judgment

61.

(1) The Registrar may cancel every certificate of registration and registration permit issued in the name of a person who is liable under a judgment of a court in any jurisdiction for damages arising out of a traffic accident where

(a) the Registrar receives a certified copy of the judgment;

(b) the Registrar is satisfied that no insurance is available for payment of the damages awarded by the judgment; and

(c) the Registrar is satisfied that the judgment has not been satisfied within 30 days of the judgment becoming final.

Notice

(2) Where the Registrar cancels every certificate of registration or registration permit of a person under subsection (1), the Registrar shall send a notice to the person advising the person of the cancellations and the reason for the cancellations.

Duty after cancellation

(3) On receipt of a notice referred to in subsection (2), the person named in the certificates of registration and registration permits that are cancelled shall, without delay, deliver or mail to the Registrar the certificates of registration and licence plates attached to the motor vehicles described in the certificates and the registration permits.

Unsafe motor vehicle

62.

(1) The Registrar may cancel the certificate of registration or registration permit for a motor vehicle where the Registrar believes, on reasonable grounds, that the operation of the motor vehicle on a highway is likely to endanger the safety of the driver or passengers in the motor vehicle or the public.

Notice of cancellation

(2) Where the Registrar cancels a certificate of registration or a registration permit under subsection (1), the Registrar shall send a notice to the person named in the certificate or permit setting out

(a) that the certificate of registration or registration permit has been cancelled because the Registrar believes, on grounds specified in the notice, that the operation of the vehicle described in the certificate or permit is likely to endanger the safety of the driver or passengers in the vehicle or the public;

(b) the equipment or parts of the vehicle that must be repaired, removed or added so that the operation of the vehicle will not endanger the safety of the driver or passengers in the vehicle or the public; and

(c) that the person named in the certificate or permit is required to deliver or mail to the Registrar the certificate of registration and the licence plate attached to the vehicle described in the certificate of registration or the registration permit, as the case may be.

Return of certificate of registration

(3) On receipt of a notice referred to in subsection (2), the person named in the certificate of registration or registration permit that is cancelled shall, without delay, deliver or mail to the Registrar the certificate of registration and the licence plate attached to the motor vehicle described in the certificate or the registration permit, as the case may be.

Issuance of new certificate

(4) The Registrar may refuse to issue

(a) a certificate of registration for which a licence plate may be issued, or

(b) a registration permit,

for a motor vehicle described in a certificate of registration or registration permit cancelled under subsection (1) unless the Registrar is satisfied that the repair, removal or addition of equipment or parts of the vehicle set out in the notice referred to in paragraph (2)(b) have been completed. SNWT 1994, c.14, s.28,29.

Arrangements under certificate of financial responsibility

63.

(1) Where the arrangements referred to in subsection 38(1) are no longer satisfactory to the Registrar, the Registrar shall send a notice to the person named in the certificate of financial responsibility stating that the certificate of financial responsibility and every certificate of registration issued in the name of the person may be cancelled on the date specified in the notice unless the owner makes new arrangements satisfactory to the Registrar before that date.

Date of cancellation

(2) The date specified in the notice referred to in subsection (1) must be not less than

(a) 14 days after the day of service where there is personal service of the notice; or

(b) 14 days after the day that the notice is deemed to have been received where the notice is sent by registered mail.

Cancellation of certificate of financial responsibility

(3) Where the person named in the certificate of financial responsibility does not make new arrangements satisfactory to the Registrar by the date specified in the notice referred to in subsection (1), the Registrar may cancel

(a) the certificate issued under subsection 38(1); and

(b) every certificate of registration issued in the name of the person.

Notice of cancellation

(4) Where the Registrar cancels a certificate of financial responsibility and the certificates of registration of a person under subsection (3), the Registrar shall send a notice to the person advising the person of the cancellations.

Duty after cancellation

(5) On receipt of a notice referred to in subsection (4), the person named in the certificates of registration that are cancelled shall, without delay, deliver or mail to the Registrar the certificates of registration and the licence plates that are attached to the motor vehicles described in the certificates.

No insurance

64.

(1) Where the Registrar, on reasonable grounds, believes that

(a) there is no motor vehicle liability policy in force with respect to a motor vehicle for which a certificate of registration has been issued and to which a licence plate has been lawfully attached, and the vehicle is not covered by a certificate issued under subsection 38(1), or

(b) a motor vehicle for which a certificate of registration has been issued is being operated as a school bus or taxi and there is no motor vehicle liability policy described in section 37 in force with respect to the vehicle,

the Registrar may send a notice to the person named in the certificate of registration stating that the certificate of registration for the motor vehicle may be cancelled on the date specified in the notice unless the person named in the certificate of registration,

(c) in respect of a motor vehicle referred to in paragraph (a), satisfies the Registrar that there is a motor vehicle liability policy in force that evidences a contract that insures at least to the limits required by section 144 of the Insurance Act or obtains a certificate issued under subsection 38(1), or

(d) in respect of a motor vehicle referred to in paragraph (b), satisfies the Registrar that a motor vehicle liability policy described in section 37 is in force or that the motor vehicle will not be used as a school bus or taxi.

Date of cancellation

(2) The date specified in the notice referred to in subsection (1) must be not less than

(a) 14 days after the day of service where there is personal service of the notice; or

(b) 14 days after the day that the notice is deemed to have been received where the notice is sent by registered mail.

Cancellation of certificate of registration

(3) Where the person named in the certificate of registration does not meet the requirements of paragraph (1)(c) or (d) by the day specified in the notice referred to in subsection (1), the Registrar may cancel the certificate of registration for the motor vehicle.

Notice of cancellation

(4) Where the Registrar cancels a certificate of registration of a person under subsection (3), the Registrar shall send a notice to the person advising the person of the cancellation.

Duty of cancellation

(5) On receipt of a notice referred to in subsection (4), the person named in the certificate of registration that is cancelled shall, without delay, deliver or mail to the Registrar the certificate of registration and the licence plate that is attached to the motor vehicle described in the certificate. SNWT 1994,c.14,s.30, 31.

Return of licence plates

65.

(1) Where

(a) a motor vehicle liability policy expires or is cancelled, and

(b) the person named in the certificate of registration covered by the policy does not, without delay, obtain a new motor vehicle liability policy or a certificate issued under subsection 38(1) for the motor vehicle,

the person named in the certificate of registration for the motor vehicle shall deliver or mail to the Registrar the licence plates in respect of the vehicle.

Cancellation of certificate of registration

(2) Where the Registrar receives a licence plate surrendered pursuant to subsection (1), the Registrar shall cancel the certificate of registration of the motor vehicle to which the licence plate relates. SNWT 1994,c.14,s.32.

NSC vehicle

65.1.

The Registrar may suspend or cancel a certificate of registration for an NSC vehicle where the person named on the certificate has been assigned an unsatisfactory safety rating under the regulations. RSNWT 1988,c.44(Supp.),s.5.

Suspension

65.2.

(1) Where the Registrar suspends a certificate of registration under section 65.1, the Registrar shall send a notice to the person named on the certificate stating

(a) that the certificate has been suspended because the person named on the certificate has been assigned an unsatisfactory safety rating under the regulations;

(b) the period of the suspension; and

(c) that the person named on the certificate

(i) is required to remove from the NSC vehicle the certificate and the licence plate attached to the vehicle, and

(ii) is not permitted to return the certificate to the vehicle or reattach the licence plate to the vehicle until the period of the suspension has expired.

Removal of certificate of registration

(2) On receipt of a notice referred to in subsection (1), the person named on the certificate of registration

(a) shall, without delay, remove from the NSC vehicle the certificate and the licence plate attached to the vehicle; and

(b) shall not return the certificate to the NSC vehicle or reattach the licence plate to the vehicle until the period of the suspension has expired.

SNWT 1994,c.14,s.33.

Cancellation

65.3.

(1) Where the Registrar cancels a certificate of registration under section 65.1, the Registrar shall send a notice to the person named on the certificate stating

(a) that the certificate has been cancelled because the person named on the certificate has been assigned an unsatisfactory safety rating under the regulations; and

(b) that the person named on the certificate is required to deliver or mail to the Registrar the certificate and the licence plate attached to the vehicle described on the certificate.

Return of certificate of registration

(2) On receipt of a notice referred to in subsection (1), the person named on the certificate of registration shall, without delay, deliver or mail to the Registrar the certificate of registration and the licence plate attached to the motor vehicle described on the certificate. RSNWT 1988,c.44(Supp.),s.5; SNWT 1994,c.14,s.34.

PART II

DRIVERS’ LICENCES

Definition: "medical practitioner"

65.4.

In this Part, "medical practitioner" means a medical practitioner as defined in section 1 of the Medical Profession Act. (médecin) SNWT 2009, c.13,s.15.

DIVISION 1

REQUIREMENT FOR DRIVER’S LICENCE

Requirement for driver’s licence

66.

(1) No person shall operate a motor vehicle on a highway unless that person has been issued a driver’s licence of a class that authorizes the operation of that vehicle and the driver’s licence is valid.

Exemptions

(2) Subsection (1) does not apply to a person

(a) named in a valid driver’s licence issued under the laws of a Canadian jurisdiction other than the Northwest Territories, or of the United States, where the licence authorizes the person to operate the class of motor vehicle he or she is operating, who

(i) is a resident of the Territories for less than 30 days, or

(ii) is not a resident of the Territories and

(A) has been in the Territories for less than 90 consecutive days, or

(B) is in the Territories for the purpose of attending an educational institution as a student or of participating as a student in an exchange program or other educational program recognized by the Registrar;

(b) named in a valid driver’s licence issued by the Government of Canada if the motor vehicle is being operated in the service of and owned or leased by the Government of Canada; or

(c) who is not a resident of Canada or the United States, who does not remain in the Northwest Territories for more than 12 consecutive months and who holds a valid international driving permit issued by a contracting state under the Convention on Road Traffic signed at Geneva on September 19, 1949.

SNWT 2003,c.14,s.4,5; SNWT 2009, c.13, s.5(1),16.

APPLICATION

Duty to issue driver’s licence

67.

The Registrar may issue a driver’s licence to a person making an application for a driver’s licence where the person meets the requirements of this Act and the regulations for the driver’s licence. SNWT 2003,c.14,s.6.

General right to apply for

68.

(1) A person who

(a) has not been issued a driver’s licence,

(b) wishes to obtain a class of driver’s licence that has greater privileges than the class of driver’s licence issued to that person, or

(c) is not entitled to apply under sections 69 to 71,

may apply under this section to the Registrar for the class of driver’s licence permitted by the regulations.

Driving examinations

(2) The Registrar shall not issue a class of driver’s licence to a person making an application under subsection (1) unless that person passes, by the prescribed standard, the theoretical and practical driving examinations for that class of driver’s licence.

Surrender of driver’s licence

(3) The Registrar shall not issue a class of driver’s licence to a person making an application under paragraph (1)(b) unless the person surrenders his or her driver’s licence.

Application based on valid, expired or cancelled driver’s

69.

(1) A person may apply to the Registrar for a driver’s licence of the same class that the person previously held or of a class that has fewer privileges if the person is named in

(a) a valid driver’s licence;

(b) a driver’s licence that expired not more than two years before the date of application;

(c) a driver’s licence that has been cancelled under section 99, 101 or 102 and less than one year has passed from the date of cancellation; or

(d) a driver’s licence that has been cancelled under section 89 or 111, where the period of time that the person was prohibited from operating a motor vehicle under section 89 or 111 is less than one year and less than one year has passed from the last day that the person was prohibited from operating a motor vehicle.

Issue of new licence

(2) Subject to subsections (3) and (4), the Registrar may issue a driver’s licence to a person who submits an application under subsection (1) in the prescribed manner.

Early renewals

(3) If a person applies under paragraph (1)(a) and there is more than one year before the date of expiry on the valid driver’s licence, the Registrar shall not issue a driver’s licence to the person unless the Registrar is satisfied that there are circumstances that justify issuing the licence earlier than one year before the date of expiry.

Requirement to surrender driver’s licence

(4) The Registrar shall not issue a driver’s licence of any class to a person who applies under paragraph (1)(a) or (b) unless the person surrenders his or her existing driver’s licence to the Registrar. RSNWT 1988,c.22(Supp.),s.2,3,4; SNWT 2009, c.13,s.17; SNWT 2014,c.4,s.13.

Right of driver from outside Northwest Territories to apply

70.

(1) A person named on a driver’s licence issued under the laws of an extra-territorial jurisdiction may apply to the Registrar for a driver’s licence.

Requirements

(2) The Registrar shall not issue a driver’s licence to a person applying under subsection (1) unless the applicant surrenders

(a) a valid driver’s licence issued under the laws of an extra-territorial jurisdiction; or

(b) a driver’s licence issued under the laws of an extra-territorial jurisdiction that has expired for less than two years.

Equivalent class of driver’s licence

(3) Where a person applying under this section meets the requirements of this Act and the regulations, the Registrar may issue a class of driver’s licence to the person that, in the opinion of the Registrar, is equivalent to the class of the driver’s licence surrendered under subsection (2).

Return of driver’s licence to issuing jurisdiction

(4) Subject to subsection (5), the Registrar shall return a driver’s licence that is surrendered under subsection (2) to the jurisdiction that issued the licence.

Return of driver’s licence to individual

(5) The Registrar may

(a) retain a driver’s licence surrendered under subsection (2) which has been issued under the laws of a foreign jurisdiction other than the United States, and

(b) return the driver’s licence referred to in paragraph (a) to the person named in it,

where

(c) the Registrar is satisfied that the person named in the driver’s licence is leaving the Northwest Territories, and

(d) the person named in the driver’s licence surrenders his or her territorial driver’s licence, unless the territorial driver’s licence has expired.

RSNWT 1988, c.22(Supp.),s.5; SNWT 2003, c.14,s.6; SNWT 2009,c.13,s.4(1),5(1),18.

Other sections apply

70.1.

For greater certainty, sections 97.1, 97.2 and 97.3 apply in respect of an application for the issuance of a driver’s licence under section 68, 69 or 70. SNWT 2008,c.7,s.36(2).

Suspended or cancelled drivers’ licences

71.

(1) A person named on a driver’s licence issued under the laws of an extra-territorial jurisdiction that has been suspended or cancelled may apply to the Registrar for a driver’s licence.

Requirements

(2) The Registrar shall not issue a driver’s licence to a person making an application under subsection (1) unless

(a) the Registrar is satisfied that he or she knows the facts on which the suspension or cancellation is based;

(b) based on the Registrar’s knowledge of the facts, no suspension or cancellation could be made in the Northwest Territories or the length of the suspension exceeds the maximum length that a similar suspension could be made in the Territories; and

(c) the application is received by the Registrar within one year after the expiration after the period of suspension or the cancellation.

Exception where default under maintenance order

(2.1) The Registrar shall not, except in accordance with a direction of the Maintenance Enforcement Administrator or a court order referred to in section 97.1 or 97.2, issue a driver’s licence to a person making an application under subsection (1) if, under laws of the other jurisdiction that are substantially similar to section 97.1 of this Act, the driver’s licence issued in that jurisdiction has been suspended or cancelled as a result of default under a maintenance order and has not been reinstated.

Equivalent class of driver’s licence

(3) The Registrar may issue a class of driver’s licence to a person who applies under subsection (1) that, in the opinion of the Registrar, is equivalent to the class of the driver’s licence the person held before the suspension or cancellation. RSNWT 1988, c.22 (Supp.),s.6; SNWT 2009,c.13,s.4(1),19; SNWT 2008, c.7,s.36(3).

Examinations at discretion of Registrar

72.

(1) The Registrar may require a person applying for a driver’s licence under section 69, 70 or 71 to take the prescribed theoretical and practical driving examination for the class of driver’s licence for which application has been made.

Requirement to pass examinations

(2) The Registrar shall not issue a driver’s licence to a person taking the examinations under subsection (1), unless the person passes the theoretical and practical driving examination by the prescribed standard.

General requirements

73.

The Registrar shall not issue a driver’s licence to a person applying under this Part unless

(a) the person submits a completed application that contains a postal and residential address for that person in the Northwest Territories;

(b) the person submits the prescribed fee;

(c) the Registrar is satisfied that the person has attained the prescribed age for the class of driver’s licence applied for;

(d) the person meets the prescribed requirements respecting medical examinations;

(e) the Registrar is satisfied that there is no unpaid judgment of a court in any jurisdiction for damages against that person arising out of a traffic accident of which there is no insurance available for the payment of the damages and that has not been satisfied within 30 days of the judgment becoming final;

(f) the Registrar is satisfied that the person has no physical or mental disability or disease that prevents the person from operating a motor vehicle in a safe manner; and

(g) the Registrar is satisfied that the person is not prohibited by this Act from applying for a driver’s licence.

SNWT 2009,c.13,s.5(1).

Non-payment of seizure charges

73.1.

The Registrar may refuse to issue a driver’s licence to a person who is or was liable for charges under subsection 302.1(8) because a motor vehicle that the person had been operating was seized under subsection 302.1(1), if the Registrar receives information satisfactory to the Registrar indicating that

(a) the charges are unpaid; or

(b) the charges were paid by the owner of the motor vehicle and the owner has not recovered the costs of the charges from the person, despite attempts to do so.

SNWT 2003,c.14,s.7.

Non-payment of fine

74.

The Registrar may refuse to issue a driver’s licence to a person if

(a) the person has been required to pay a fine for contravening

(i) this Act or the regulations,

(ii) the following Acts or any regulations made under those Acts, in respect of the operation of a motor vehicle:

(iii) a bylaw made under Part XII; and

(b) the time allowed for payment of the fine has passed and the fine is outstanding.

SNWT 2006,c.5,Sch.,s.5; SNWT 2009,c.13, s.3(1); SNWT 2011,c.26,s.6.

EXAMINATIONS

Application for examination

75.

(1) An examiner shall administer a theoretical or practical driving examination for a class of driver’s licence to a person where that person

(a) submits a completed application;

(b) satisfies the examiner that he or she has attained the prescribed age for the class of driver’s licence applied for;

(c) submits a valid driver’s licence issued in his or her name of the prescribed class, if any, for taking the examination applied for; and

(d) submits the prescribed fee.

Exemption

(2) Subsection (1) does not apply to a theoretical and practical driving examination referred to in subsection 104.1(1) or 105(1). SNWT 2014,c.4,s.14; SNWT 2022,c.10,s.2.

Illiterate applicant

76.

(1) Where an examiner is satisfied that an applicant for a theoretical examination is illiterate, the examiner may administer an oral theoretical examination in place of a written theoretical examination.

Non-English speaking applicant

(2) Where the examiner is satisfied that an applicant for a theoretical or practical examination does not understand or speak English, the examiner may require the examination to be conducted with the assistance of an interpreter approved by the examiner.

Assistance by interpreter

(3) No interpreter referred to in subsection (2) shall provide the person being examined with an answer to a question on an examination.

Condition of motor vehicle

77.

An examiner shall not conduct a practical driving examination in a motor vehicle the operation of which would contravene a provision of this Act or the regulations respecting a vehicle safety item.

ISSUING DRIVERS’ LICENCES

Conditions for reinstate- ment or issuance of driver’s licence

77.1.

(1) The Registrar may require a person who has been subject to a suspension imposed under section 111, 116.6 or 116.7, to a disqualification imposed under section 116.6 or who has been discharged in respect of or convicted of or found guilty of a alcohol or drug related offence as defined in subsection 116.14(1), to satisfy the conditions that the Registrar considers appropriate before the Registrar

(a) reinstates the person’s driver’s licence and reissues a driver’s licence to the person, in the case of a person who is named in a driver’s licence that is suspended; or

(b) issues a driver’s licence to the person.

Types of conditions

(2) The conditions that the Registrar may require a person to satisfy under subsection (1) may include, but are not limited to, the following:

(a) requiring the person to undergo a driver assessment;

(b) requiring the person to successfully complete a driver improvement program;

(c) requiring the person to successfully complete an alcohol dependency awareness program;

(d) requiring the person to undergo an alcohol dependency assessment;

(e) requiring the person to successfully complete an alcohol treatment program.

Availability of services

(3) In determining the conditions that a person will be required to satisfy under subsection (1), the Registrar shall consider the extent to which assessments, programs and other services are available in the community in which the person resides.

Costs

(4) The person who is required to satisfy conditions under subsection (1) must pay any costs associated with the conditions.

Requirement to satisfy conditions

(5) The Registrar shall not reinstate a person’s driver’s licence or issue a driver’s licence to a person who is required to satisfy conditions under subsection (1) unless the person satisfies the conditions. SNWT 2003,c.14,s.8; SNWT 2014, c.4,s.15; SNWT 2018,c.6,Sch.C,s.2.

77.2.

Repealed, SNWT 2015,c.28,s.16.

Terms and conditions

78.

(1) The Registrar may, when reinstating or issuing a driver’s licence or at any time after the licence is reinstated or issued, and in accordance with any regulations, impose on the driver’s licence terms and conditions that the Registrar considers appropriate.

Driver’s licence restricted to geographic area

(2) Without restricting the generality of subsection (1), the Registrar may impose on a driver’s licence the condition that the person named in the licence shall not operate a motor vehicle outside a specified geographic area.

Participation in alcohol ignition interlock device program

(2.1) Without restricting the generality of subsection (1), the Registrar may impose on the driver’s licence of a person who has been subject to a suspension imposed under section 116.6 or 116.7 or to a disqualification imposed under section 116.6 or who has been discharged in respect of or convicted of or found guilty of a alcohol or drug related offence as defined in subsection 116.14(1), conditions

(a) that the person named in the driver’s licence participate in a prescribed alcohol ignition interlock device program; and

(b) that the person may not operate a motor vehicle on a highway unless it is equipped with an alcohol ignition interlock device.

Costs

(2.2) The person named in the driver’s licence must pay any costs associated with the conditions imposed under this section.

Contravention of terms

(3) No person who is named in a driver’s licence that is subject to terms or conditions imposed by the Registrar, under subsection (1), (2) or (2.1) or by any other provision of this Act or the regulations, shall operate a motor vehicle on a highway in contravention of those terms or conditions.

Suspension or cancellation

(4) The Registrar may suspend or cancel a driver’s licence if the person named on the driver’s licence

(a) fails to meet the prescribed requirements respecting medical examinations; or

(b) fails to meet a term or condition imposed on the driver’s licence respecting medical examinations.

SNWT 2003,c.14,s.9; SNWT 2015,c.28,s.17; SNWT 2018,c.6,Sch.C,s.2; SNWT 2022,c.10,s.3.

Driver’s licence subject to condition

78.1.

It is a condition of every driver’s licence that is categorized as a learner’s driver’s licence or a probationary driver’s licence under the regulations that the person named in the driver’s licence may not operate a motor vehicle on a highway while having alcohol in his or her blood. SNWT 2003,c.14,s.10.

Interim driver’s licence

79.

(1) Where a driver’s licence may be issued to an applicant under this Act, but it is impracticable for the Registrar to issue the driver’s licence, the Registrar may issue an interim driver’s licence to the applicant.

Expiration of interim driver’s licence

(2) An interim driver’s licence expires 90 days after it is issued or after a shorter period that may be specified by the Registrar on the interim licence.

Instructions

(3) The applicant shall, at the time of receiving an interim driver’s licence, specify whether the Registrar is to

(a) notify the applicant, or

(b) mail the driver’s licence to the applicant,

when the driver’s licence is issued.

Compliance with instructions

(4) When the driver’s licence is issued, the Registrar shall notify the applicant or mail the licence in accordance with the instructions provided under subsection (3).

Destruction of interim driver’s licence

(5) The applicant shall, on receipt of the driver’s licence, destroy the interim licence.

Extension

(6) The Registrar may extend an interim driver’s licence for not more than 90 days from its original date of expiration. SNWT 2003, c.14,s.11; SNWT 2014, c.4,s.16.

Signature

80.

A driver’s licence is not valid until the person named on the licence signs the licence in the space provided for that purpose.

Requirement to carry driver’s licence

81.

The person named in a driver’s licence shall, when operating a motor vehicle on a highway, carry the licence with him or her.

Expiration of driver’s

82.

(1) A driver’s licence expires on the earlier of

(a) the prescribed date; and

(b) a date earlier than the prescribed date, if specified by the Registrar in the licence.

Extension

(2) The Registrar may extend the date of expiry of a driver’s licence for not more than 90 days from its original date of expiration. SNWT 2014,c.4,s.17.

International driving permit

83.

The Registrar, or any person, organization or association authorized by the Registrar, may issue an international driving permit described in the Convention on Road Traffic signed at Geneva on September 19, 1949, to a resident of the Northwest Territories. SNWT 2009,c.13,s.5(1).

SCHOOL BUSES

SNWT 2009,c.13,s.20

Requirement for endorsement

84.

(1) Subject to subsection (2), no person shall operate a school bus on a highway unless that person is named in a valid driver’s licence that bears a valid endorsement of the Registrar under subsection 85(1).

Exemption for extra- territorial driver’s licence

(2) Subsection (1) does not apply to a person named in a valid driver’s licence issued under the laws of an extra-territorial jurisdiction that authorizes the operation of a school bus if

(a) the person is a resident of the Northwest Territories for less than 30 days; or

(b) the person is not a resident of the Northwest Territories and has been in the Territories for less than 90 consecutive days.

RSNWT 1988,c.106(Supp.),s.5,6,7; SNWT 2009, c.13,s.4(1),21.

Taxi and school bus endorsements

85.

(1) The Registrar may authorize the person named in a valid driver’s licence, by an endorsement on the licence, to operate motor vehicles to which the class of licence applies as a school bus.

Requirements

(2) The Registrar shall make an endorsement referred to in subsection (1) on a driver’s licence where the person named in the licence

(a) submits an appropriate class of driver’s licence that is valid;

(b) submits a completed application;

(c) submits the prescribed fee;

(d) satisfies the Registrar that he or she has attained the prescribed age;

(e) passes the prescribed theoretical and practical driving examination by the prescribed standard; and

(f) meets the prescribed requirements respecting medical examinations.

(g) Repealed, RSNWT 1988, c.106 (Supp.),s.9.

Expiration of endorsement

(3) A school bus endorsement expires on the earliest of the following days:

(a) the day the driver’s licence, on which the endorsement appears, expires;

(b) the day specified by the Registrar in the endorsement.

Exemption

(4) The Registrar may exempt a person named in a driver’s licence from the requirements of paragraph (2)(e) where the person has previously obtained a school bus endorsement and the person applies for a school bus endorsement within one year after the expiration of the endorsement.

(5) Repealed, RSNWT 1988,c.22(Supp.), s.7,8; c.106(Supp.),s.8,9,10,11.

MISCELLANEOUS

Change of name and address

86.

(1) Where the person named in a driver’s licence changes his or her name or address as shown on the licence, the person shall, within 15 days after the change, notify the Registrar

(a) in respect of a change of name, of the old and new name; and

(b) in respect of a change of address, of the old address and the new address in the Northwest Territories.

New driver’s licence

(2) On receipt of a notice referred to in subsection (1) and the Registrar being satisfied that the information contained in the notice is complete and correct, the Registrar shall issue a new driver’s licence showing the new name or address. SNWT 2009, c.13,s.5(1).

Replacement driver’s licence

87.

(1) Where a driver’s licence is lost, stolen or destroyed or becomes illegible, the person named in the licence may apply for a replacement driver’s licence.

Requirements

(2) The Registrar shall issue a replacement driver’s licence where the person named in the licence

(a) submits a completed application;

(b) submits the prescribed fee;

(c) submits the existing licence, if it is still in the possession of the person; and

(d) with respect to a licence that is lost, stolen or destroyed, satisfies the Registrar that the licence has been lost, stolen or destroyed.

DIVISION 2

SUSPENSION AND CANCELLATION

Definition: "medical

87.1.

In this Division, "medical professional" means

(a) a medical practitioner, or

(b) a registered nurse, a nurse practitioner, a licensed practical nurse or a registered psychiatric nurse, each as defined in subsection 1(1) of the Nursing Profession Act.

SNWT 2009,c.13,s.22; SNWT 2023,c.32,s.120(2).

By a Judge

Criminal Code

88.

Where a person who is named in a driver’s licence issued under this Part or the laws of an extra-territorial jurisdiction is discharged in respect of an offence under the Criminal Code or is convicted or found guilty of an offence under the Criminal Code and a judge, on the basis of that discharge, conviction or finding of guilt, makes an order, under the Criminal Code or the Youth Criminal Justice Act (Canada), prohibiting the person from operating a motor vehicle,

(a) the driver’s licence issued under this Part is cancelled; or

(b) where the person is named on a driver’s licence issued under the laws of an extra-territorial jurisdiction, the person is disqualified from operating a motor vehicle in the Northwest Territories during the period of prohibition set out in the order and, if applicable, any further period set out in paragraph 116.14(3)(a),

(b) or (c) or determined under paragraph 116.14(3)(d) or subsection 116.14(4).

SNWT 2003,c.9,s.8(3); SNWT 2003,c.14,s.12, 13; SNWT 2009,c.13,s.4(1),5(1); SNWT 2014, c.4,s.18; SNWT 2022,c.10,s.4.

Discharge and conviction

89.

(1) A judge who discharges a person in respect of an offence under or convicts a person of an offence under or finds a person guilty of contravening

(b) the provisions of Part IV, other than a parking offence, or a bylaw of a municipal corporation regulating a matter contained in Part IV, other than a parking offence,

(c) a bylaw of a municipal corporation that fixes a speed limit or a provision of a regulation made under the Government Property Traffic Act (Canada) that fixes a speed limit, or

(d) the Public Airports Act in respect of the operation of a motor vehicle, other than a parking offence,

may, by order, prohibit the person from operating a motor vehicle for a period not exceeding three years.

Suspension of driver’s licence

(2) Subject to paragraph 94(1.1)(a), where a person is prohibited from operating a motor vehicle by an order made under subsection (1) or the Youth Justice Act in respect of an offence referred to in subsection (1) and the person is named in a driver’s licence, the driver’s licence is cancelled.

Disqualifi- cation

(3) Subject to paragraph 94(1.1)(b), where

(a) a person is prohibited from operating a motor vehicle by an order made under subsection (1) or the Youth Justice Act in respect of an offence referred to in subsection (1), and

(b) the person is named in a driver’s licence issued under the laws of an extra-territorial jurisdiction,

the person is disqualified from operating a motor vehicle in the Northwest Territories during the period of prohibition set out in the order. SNWT 2003,c.31, s.96(2); SNWT 2006,c.5,Sch.,s.6; SNWT 2009,c.13, s.3(1),4(1),5(1); SNWT 2011,c.26,s.7; SNWT 2014, c.4,s.19; SNWT 2022,c.10,s.4,5.

Surrender of driver’s licence

90.

(1) Where a person is prohibited from operating a motor vehicle by an order referred to in section 88 or 89 and the person is named in a driver’s licence issued under this Part or the laws of an extra-territorial jurisdiction, the person shall, unless the licence is lost, stolen or destroyed, immediately surrender the licence to the judge making the order or, where the person does not have the licence with him or her at the time the order is made, surrender the licence to an officer within 24 hours after the making of the order.

Driver’s licence to Registrar

(2) The judge or an officer receiving a driver’s licence under subsection (1) shall cause the licence to be sent to the Registrar.

Driver’s licence to issuing jurisdiction

(3) On receiving a driver’s licence issued under the laws of an extra-territorial jurisdiction that was sent to the Registrar under subsection (2), the Registrar shall send the licence to the jurisdiction that issued it after the relevant order referred to in section 88 or 89 becomes final. SNWT 2009,c.13,s.4(1).

Copy of order to Registrar

91.

Notwithstanding the Youth Justice Act, a judge who prohibits a person from operating a motor vehicle by an order referred to in section 88 or 89 shall cause a copy of the order and a statement indicating whether the person named in the order surrendered his or her driver’s licence to the judge to be sent to the Registrar. SNWT 2003,c.31,s.96(2).

Vacating order

92.

Where a judge vacates an order made under the Criminal Code or the Youth Criminal Justice Act (Canada) prohibiting a person from operating a motor vehicle,

(a) if the person had a driver’s licence that was cancelled under paragraph 88(a) and is not otherwise prohibited from operating a motor vehicle, the Registrar may issue a new licence to the person; and

(b) if the person was disqualified from operating a motor vehicle in the Northwest Territories under paragraph 88(b), that disqualification is terminated.

SNWT 2003,c.9,s.8(4); SNWT 2003,c.14,s.14; SNWT 2009,c.13,s.5(1).

Sentence

93.

Where a judge discharges or convicts a person of an offence referred to in subsection 89(1) and the judge makes an order prohibiting the person from operating a motor vehicle, the order may be appealed in the same manner as an appeal of sentence.

Appeal

94.

(1) On the filing of an appeal or an application for a prerogative writ in respect of an offence referred to in subsection 89(1), the judge may, before hearing the appeal or application, by order, suspend an order made in respect of the offence that prohibits the convicted person from operating a motor vehicle until the judge renders their decision respecting the appeal or application.

Effect of order

(1.1) Where an order is made under subsection (1),

(a) if the convicted person had a driver’s licence that was cancelled under subsection 89(2) and is not otherwise prohibited from operating a motor vehicle, that licence is deemed not to be cancelled under that subsection, and

(b) if the convicted person was disqualified from operating a motor vehicle in the Northwest Territories under subsection 89(3), that disqualification is suspended,

until the judge renders their decision respecting the appeal or application.

Registrar to return driver’s licence

(2) Where the Registrar receives a certified copy of an order issued under subsection (1) and the Registrar has received the driver’s licence of the person who is the subject of the order, the Registrar shall return the licence to that person. SNWT 2022,c.10,s.6.

Order to be sent to Registrar

95.

Notwithstanding the Youth Justice Act, a judge who varies, confirms, cancels or imposes an order prohibiting a person charged with an offence referred to in subsection 89(1) from operating a motor vehicle shall cause a copy of the order to be sent to the Registrar. SNWT 2003,c.31,s.96(2).

Surrender of driver’s licence

96.

(1) Where a judge hears an appeal or an application for a prerogative writ in respect of an offence referred to in subsection 89(1) and varies, confirms or imposes an order prohibiting the person convicted of the offence from operating a motor vehicle, the person convicted shall, unless the licence has been lost, stolen or destroyed or has been submitted to a judge or an officer pursuant to subsection 90(1) and has not been returned pursuant to subsection 94(2),

(a) immediately surrender the licence to the judge; or

(b) where the person does not have the licence with him or her at the time of the making of the order, surrender the licence to an officer within 24 hours after the making of the order.

Duty to send driver’s licence

(2) A judge or an officer receiving a driver’s licence under subsection (1) shall cause the licence to be sent to the Registrar.

By Registrar

Definition: alcohol or drug related offence

97.

(01) In this section, "alcohol or drug related offence" means an offence under the laws of a foreign jurisdiction that is substantially similar to an offence under section 320.14 or subsection 320.15(1) of the Criminal Code in respect of operating or having the care or control of a motor vehicle on a highway.

Effect of extra- territorial order

(1) Where the Registrar receives a certified copy of an order made under the Criminal Code or the Youth Criminal Justice Act (Canada) in respect of an offence under the Criminal Code by a judge or court from an extra-territorial jurisdiction that prohibits a person who has been issued a driver’s licence from operating a motor vehicle, the Registrar shall cancel the licence.

Effect of order from foreign jurisdiction

(1.1) Where the Registrar receives a certified copy of an order made in respect of a alcohol or drug related offence by a judge or court in a foreign jurisdiction that prohibits a person who has been issued a driver’s licence from operating a motor vehicle, the Registrar shall cancel the licence.

Notice

(2) Where the Registrar cancels a driver’s licence of a person under subsection (1) or (1.1), the Registrar shall send a notice to the person advising the person of the cancellation and the reason for the cancellation.

Duty after cancellation

(3) On receipt of a notice referred to in subsection (2), the person named in the driver’s licence that is cancelled shall, without delay, deliver or mail the licence to the Registrar. SNWT 2003, c.9, s.8(5); SNWT 2003,c.14,s.15; SNWT 2009,c.13, s.4(1),23; SNWT 2018,c.6,Sch.C,s.2; SNWT 2018,c.6, Sch.C,s.19(1).

Direction of Maintenance Enforcement Administrator

97.1.

On receiving a direction from the Maintenance Enforcement Administrator under subsection 22.2(3) or (4) of the Maintenance Orders Enforcement Act, the Registrar shall, in accordance with the direction,

(a) suspend the driver’s licence of the person named in the direction;

(b) refuse to issue a driver’s licence to the person; or

(c) impose the conditions specified in the direction on the person’s driver’s licence.

SNWT 2008,c.7,s.36(4).

Direction to reinstate, issue or terminate conditions

97.2.

(1) On receiving a direction from the Maintenance Enforcement Administrator under subsection 22.2(5) or (6) of the Maintenance Orders Enforcement Act, the Registrar shall, in accordance with the direction,

(a) reinstate the driver’s licence of the person named in the direction;

(b) issue a driver’s licence to the person; or

(c) terminate the conditions on the person’s driver’s licence that are specified in the direction.

Court order

(2) If a court, under subsection 22.2(7) of the Maintenance Orders Enforcement Act, orders the reinstatement or issuance of a driver’s licence to a person, or the termination or variation of conditions that were imposed on a driver’s licence, the Registrar shall reinstate or issue the licence, or terminate or vary the conditions, in accordance with the order.

Other requirements apply

(3) Notwithstanding subsections (1) and (2), the Registrar shall not reinstate or issue a driver’s licence under this section unless the Registrar is satisfied that the person meets all the requirements for the issuance of a driver’s licence under this Act. SNWT 2008, c.7, s.36(4).

Notice of suspension

97.3.

(1) Where a driver’s licence is suspended under section 97.1, the Registrar shall send to the person named in the licence a notice stating that the driver’s licence

(a) is suspended in accordance with a direction of the Maintenance Enforcement Administrator or a court order, as the case may be; and

(b) will not be reinstated unless the Registrar receives a direction of the Maintenance Enforcement Administrator, or a court order, for the reinstatement of the suspended licence, and payment of the prescribed fees for the reinstatement of a suspended licence.

Notice of conditions

(2) Where conditions are imposed on a driver’s licence under section 97.1, the Registrar shall send to the person named in the licence a notice

(a) stating that the driver’s licence is restricted by conditions in accordance with a direction of the Maintenance Enforcement Administrator or a court order, as the case may be;

(b) setting out the conditions; and

(c) stating that the conditions will remain in effect unless the Registrar receives a direction of the Maintenance Enforcement Administrator, or a court order, terminating or varying them.

Notice of termination or variation

(3) Where conditions imposed on a driver’s licence under section 97.1 are terminated or varied under subsection 97.2(1) or (2), the Registrar shall send to the person named in the licence a notice advising of the termination or setting out the varied conditions.

Duty to return licence

(4) On receipt of a notice referred to in this section, the person named in the driver’s licence shall return the driver’s licence to the Registrar by the date specified in the notice. SNWT 2008,c.7,s.36(4).

Error in driver’s licence

98.

(1) Where a driver’s licence is issued that contains an error, the Registrar may

(a) issue a new licence that is correct;

(b) cancel the erroneous licence; and

(c) personally serve or send the corrected licence by registered mail to the person named in the licence.

Return of erroneous driver’s licence

(2) A person who receives a corrected driver’s licence shall return the licence that contains the error to the Registrar.

Destruction of driver’s licence

(3) The Registrar may destroy a driver’s licence that is returned under subsection (2).

Suspension for non-payment of fees

99.

(1) The Registrar may suspend a driver’s licence where a cheque is submitted in payment of the prescribed fee for the driver’s licence and the cheque is dishonoured.

Notice

(2) Where a driver’s licence is suspended under subsection (1), the Registrar shall send to the person named in the licence a notice that sets out that the driver’s licence

(a) is suspended for non-payment of fees; and

(b) will be cancelled on the date specified in the notice unless payment of the prescribed fees for the driver’s licence and for the reinstatement of a suspended licence is received by the Registrar before that date.

Date of cancellation

(3) The date specified in the notice referred to in paragraph (2)(b) must be not less than

(a) 14 days after the day of service where there is personal service of the notice; or

(b) 14 days after the day that the notice is deemed to have been received where the notice is sent by registered mail.

Requirements after receipt of notice

(4) On receipt of a notice referred to in subsection (2), the person named in the driver’s licence shall, by the date specified in the notice,

(a) pay the prescribed fees for the driver’s licence and for the reinstatement of a suspended licence; or

(b) return the driver’s licence to the Registrar.

Cancellation

(5) The Registrar may cancel the driver’s licence if payment of the prescribed fees is not received by the Registrar by the date specified in the notice referred to in paragraph (2)(b).

Termination of suspension

(6) The Registrar shall terminate the suspension if payment of the prescribed fees for the driver’s licence and for the reinstatement of a suspended licence is received by the Registrar by the date specified in the notice referred to in paragraph (2)(b).

Where application contains false information

100.

(1) Where the Registrar issues a driver’s licence and then comes to believe, on reasonable grounds, that information contained in the application for the licence or in a document submitted in support of the application is false or inaccurate, the Registrar may send to the person named in the licence a notice

(a) setting out the information contained in the application or supporting document that the Registrar believes is false or inaccurate and the grounds for this belief;

(b) specifying the time, day and place that the person may appear before the Registrar to satisfy the Registrar that

(i) the information is true and accurate, or

(ii) the person did not know that the information was false or inaccurate at the time of submitting it and to provide true and accurate information; and

(c) stating that if the person does not appear before the Registrar at the time, day and place specified or if the person does not satisfy the Registrar with respect to the matters described in paragraph (b), the Registrar may

(i) cancel the driver’s licence of the person, and

(ii) prohibit that person from operating a motor vehicle on a highway for a period not exceeding two years.

Day of hearing

(2) The day of the hearing specified in the notice referred to in paragraph (1)(b) must be not less than

(a) 14 days after the day of service where there is personal service of the notice; or

(b) 14 days after the day that the notice is deemed to have been received where the notice is sent by registered mail.

Cancellation

(3) The Registrar may cancel the driver’s licence issued in the name of a person referred to in subsection (1) and may prohibit that person from operating a motor vehicle on a highway for a period not exceeding two years, if the person

(a) does not appear at the time, day and place specified in the notice referred to in paragraph (1)(b);

(b) does not satisfy the Registrar that the information identified in the notice referred to in paragraph (1)(a) is true and accurate; or

(c) does not satisfy the Registrar that he or she did not know the information identified in the notice referred to in paragraph (1)(a) was false or inaccurate at the time of submitting it or does not provide true and accurate information.

Notice

(4) Where the Registrar cancels a driver’s licence of a person under subsection (3), the Registrar shall send a notice to the person advising the person of the cancellation and the prohibition from operating a motor vehicle on a highway, if any.

Duty after cancellation

(5) On receipt of a notice referred to in subsection (4), the person named in the driver’s licence that is cancelled under subsection (3) shall, without delay, deliver or mail the licence to the Registrar.

Non-payment of judgment

101.

(1) The Registrar may cancel a driver’s licence issued to a person who is liable under a judgment of a court in any jurisdiction for damages arising out of a traffic accident where

(a) the Registrar receives a certified copy of the judgment;

(b) the Registrar is satisfied that there is no insurance available for the payment of the damages awarded by the judgment; and

(c) the Registrar is satisfied that the judgment has not been satisfied within 30 days of the judgment becoming final.

Notice

(2) Where the Registrar cancels a driver’s licence of a person under subsection (1), the Registrar shall send a notice to the person advising the person of the cancellation and the reason for the cancellation.

Duty after cancellation

(3) On receipt of a notice referred to in subsection (2), the person named in the driver’s licence that is cancelled shall, without delay, deliver or mail the licence to the Registrar.

Non-payment of fine

102.

(1) The Registrar may suspend or cancel a person’s certificate of registration, driver’s licence or any permit issued to the person if

(a) the person has been required to pay a fine for contravening

(i) this Act or the regulations,

(ii) the following Acts or any regulations made under those Acts, in respect of the operation of a motor vehicle:

(iii) a bylaw made under Part XII; and

(b) the time allowed for payment of the fine has passed and the fine is outstanding.

Notice

(2) If the Registrar suspends or cancels a certificate of registration, driver’s licence or permit of a person under subsection (1), the Registrar shall send a notice to the person of the suspension or cancellation including the reason for the suspension or cancellation.

Duty after suspension or cancellation

(3) On receipt of a notice referred to in subsection (2), the person shall, without delay, deliver or mail the certificate, licence or permit to the Registrar. SNWT 2006,c.5,Sch.,s.7; SNWT 2009, c.13,s.3(1); SNWT 2011,c.26,s.8; SNWT 2014, c.4,s.20.

Duty of medical professional

103.

(1) Where a medical professional has reasonable grounds to believe that a person who is 15 years of age or older is unable to operate a motor vehicle in a safe manner because of a physical or mental disability or disease, the medical professional shall notify the Registrar of the grounds and belief in a prescribed manner.

Prescribed guides or codes

(2) For the purposes of satisfying subsection (1), a medical professional may adopt the recommendations contained in prescribed guides or codes that have been prepared to assist medical professionals in determining if a person is unable to operate a motor vehicle in a safe manner because of a physical or mental disability or disease.

Action barred

(3) No action based on a medical professional giving the Registrar a notice referred to in subsection (1) shall be commenced against the medical professional, unless the medical professional giving the notice acted maliciously or without reasonable grounds to believe that the person named in the notice is unable to operate a motor vehicle in a safe manner.

Notice not required

(4) A medical professional who is a medical practitioner or a nurse practitioner is not required to send a notice under subsection (1) if

(a) the grounds for the medical professional’s belief are based on a prescribed medical examination conducted by the medical professional for the purpose of satisfying

(i) a requirement imposed on applicants for drivers’ licences or on drivers to undergo a medical examination for a particular class of driver’s licence under the regulations, or

(ii) a requirement imposed on a driver as a condition of their driver’s licence; and

(b) the medical professional sends the Registrar a report of the examination in a form approved by the Registrar.

SNWT 2009,c.13,s.24; SNWT 2014,c.4,s.21; SNWT 2022,c.10,s.7; SNWT 2023,c.32,s.120(3).

Unsafe driver

104.

(1) Subject to subsection (6), if the Registrar receives a notice referred to in subsection 103(1) or, in respect of a person named on a driver’s licence, the Registrar has other reasonable grounds to believe that the person is unable to safely operate a motor vehicle authorized in the licence because of a physical or mental disability or disease, the Registrar shall send the person named in the notice or driver’s licence a notice as described in subsection (2).

Notice

(2) A notice sent under subsection (1) must set out

(a) the grounds for the Registrar’s belief; and b) that the driver’s licence of the person may be suspended or cancelled or that the person may be disqualified from holding a driver’s licence or prohibited from operating a motor vehicle, unless the person undergoes a prescribed medical examination by the date specified in the notice and by a medical practitioner or nurse practitioner specified by the Registrar or, if the Registrar does not specify a particular medical practitioner or nurse practitioner, by any medical practitioner or nurse practitioner.

Date of medical examination

(3) The examination date specified in the notice under paragraph (2)(b) must not be less than

(a) 14 days after the day of service if there is personal service of the notice; or

(b) 14 days after the day that the notice is deemed to have been received if the notice is sent by registered mail.

Transmission of report

(4) The medical practitioner or nurse practitioner who conducts a medical examination referred to in paragraph (2)(b) shall send to the Registrar a report of the examination, in a form approved by the Registrar, within three days after completing the examination.

Suspension, cancellation, disqualifi- cation or prohibition

(5) The Registrar may, in respect of a person named in a notice sent under subsection (1), suspend or cancel the person’s driver’s licence, disqualify the person from holding a driver’s licence or prohibit the person from operating a motor vehicle, if the Registrar does not receive a medical report of a prescribed medical examination in respect of the person within 14 days after the date specified in the notice under paragraph (2)(b).

Notice not required

(6) The Registrar is not required to send a notice under subsection (1) if the grounds for the Registrar’s belief are based on a report of a prescribed medical examination that the person was required to undergo because of

(a) a requirement imposed on applicants for drivers’ licences or on drivers to undergo a medical examination for particular classes of drivers’ licences under the regulations; or

(b) if the person holds a driver’s licence, a requirement imposed on the person as a condition of their driver’s licence.

SNWT 2022,c.10,s.8; SNWT 2023,c.32,s.120(4),(5).

Review of report

104.1.

(1) On receiving a report of a medical examination referred to in paragraph 103(4)(b) or subsection 104(4), the Registrar may select and consult with a medical practitioner or nurse practitioner to review the report and may send a notice to the person who is the subject of the report requiring the person to take a theoretical and practical driving examination by a date specified by the Registrar.

Date of examination

(2) The date specified in the notice under subsection (1) must be not less than

(a) 14 days after the day of service if there is personal service of the notice; or

(b) 14 days after the day that the notice is deemed to have been received if the notice is sent by registered mail.

Suspension, cancellation, disqualifi- cation or prohibition

(3) The Registrar may, in respect of a person named in a notice sent under subsection (1), suspend or cancel the person’s driver’s licence, disqualify the person from holding a driver’s licence or prohibit the person from operating a motor vehicle, if the person does not take a theoretical and practical driving examination by the date specified in the notice. SNWT 2022,c.10,s.8; SNWT 2023,c.32,s.120(5).

Powers of Registrar

104.2.

After the Registrar has reviewed a report of a medical examination referred to in paragraph 103(4)(b) or subsection 104(4) and, if applicable, considered the results of a theoretical and practical driving examination, the Registrar may, in respect of the person who is the subject of the report or examination,

(a) confirm their licence;

(b) impose terms and conditions on their licence;

(c) suspend or cancel their licence;

(d) cancel their licence and issue to them a new licence of a different class, with or without imposing terms and conditions on the licence;

(e) disqualify the person from holding a licence; or

(f) prohibit the person from operating a motor vehicle.

SNWT 2022,c.10,s.8.

Notice

104.3.

(1) If the Registrar exercises their powers under any of the following provisions, they shall notify the person in respect of whom the powers are exercised of the specific powers exercised:

(c) paragraph 104.2(a), unless the licence was confirmed on the basis of a review of a report of a medical examination referred to in paragraph 103(4)(b);

Return of driver’s licence

(2) On receipt of a notice referred to in subsection (1), and where the specific powers exercised are those described in subsection 104(5) or 104.1(3) or paragraphs 104.2(b) to (f), a person named on a driver’s licence shall, without delay, deliver or mail the licence to the Registrar. SNWT 2022,c.10,s.8.

Examination at discretion of Registrar

105.

(1) The Registrar may, at any time, require a person who has been issued a driver’s licence to take the theoretical and practical driving examination for the class of licence issued to the person by sending a notice to the person setting out that

(a) the person is required to take the theoretical and practical driving examination for the class of driver’s licence issued to the person by a date specified in the notice; and

(b) if the person does not take the examination by the specified date, the Registrar may cancel the driver’s licence issued to that person.

Time limit for taking examination

(2) The date specified in the notice referred to in paragraph (1)(a) must be not less than

(a) 14 days after the day of service where there is personal service of the notice; or

(b) 14 days after the day that the notice is deemed to have been received where the notice is sent by registered mail.

Cancellation for failing examination

106.

(1) Where the person referred to in subsection 105(1) takes the required examination and does not pass the examination by the prescribed standard, the Registrar shall cancel the driver’s licence issued to that person.

Surrender of driver’s licence

(2) The person named in a driver’s licence cancelled under subsection (1) shall immediately surrender the licence to the Registrar.

Cancellation for not taking examination

107.

(1) Where the person referred to in subsection 105(1) does not take the required examination by the date specified in the notice referred to in paragraph 105(1)(b), the Registrar may cancel the driver’s licence issued in the name of that person.

Notice

(2) Where the Registrar cancels a driver’s licence of a person under subsection (1), the Registrar shall send a notice to the person advising the person of the cancellation and the reason for the cancellation.

Duty after cancellation

(3) On receipt of a notice referred to in subsection (2), the person named in the driver’s licence that is cancelled shall, without delay, deliver or mail the licence to the Registrar.

108.

Repealed, RSNWT 1988,c.106(Supp.), s.12.

109.

Repealed, RSNWT 1988,c.106(Supp.), s.12.

110.

Repealed, SNWT 2014,c.4,s.23.

Unsafe driver

111.

(1) The Registrar may suspend or cancel a driver’s licence and prohibit a person from operating a motor vehicle if the Registrar believes on reasonable grounds that the person named in the driver’s licence is not capable of operating a motor vehicle in a safe manner.

Notice

(2) If the Registrar suspends or cancels a driver’s licence under subsection (1), the Registrar shall send a notice to the person named in the driver’s licence setting out that

(a) the licence has been suspended or cancelled, the length of time that the person is prohibited from operating a motor vehicle on a highway and the reasons for the suspension or cancellation; and

(b) the person is required to deliver or mail his or her licence to the Registrar without delay.

Return of driver’s licence

(3) On receipt of a notice referred to under subsection (2), the person named in the notice shall, without delay, deliver or mail the suspended or cancelled licence to the Registrar. SNWT 2009, c.13,s.26; SNWT 2014,c.4,s.24.

Right to appeal suspension or cancellation of certificate of registration

112.

(1) A person named on a certificate of registration may appeal a decision of the Registrar under section 65.1 suspending or cancelling the certificate.

Right to appeal suspension or cancellation of driver’s licence

(2) The holder of a driver’s licence may appeal a decision of the Registrar suspending or cancelling the licence under section 104, 104.1, 104.2 or 111. SNWT 1994, c.33,s.3; SNWT 2014,c.4,s.25; SNWT 2022,c.10,s.9.

Notice of appeal

113.

(1) An appellant shall submit a notice of appeal and the prescribed fee to the Registrar within 45 days after receiving notice of the Registrar’s decision.

Duties of Minister

(2) On receipt of a notice of appeal, the Registrar shall notify the Minister who shall

(a) designate an adjudicator to hear the appeal, or

(b) assign the appeal to an adjudicator who has already been designated.

SNWT 1994,c.33,s.3.

Powers of adjudicator

114.

(1) On being assigned an appeal, an adjudicator may

(a) require the Registrar to provide, to the adjudicator, copies of all records and information relevant to the decision under appeal;

(b) hold hearings and determine matters of procedure at hearings;

(c) receive written or oral evidence relating to the appeal;

(d) require the Registrar or any other person to provide additional information before making a decision on the appeal; and

(e) confirm, vary or set aside the decision under appeal.

Written reasons

(2) The adjudicator shall give written reasons for his or her decision and shall give the Registrar and the appellant a copy of the decision.

Decision

(3) The decision of the adjudicator is final. SNWT 1994,c.33,s.3.

Duties of adjudicator

115.

The adjudicator shall determine the issues arising in any proceedings and shall

(a) subject to paragraph (b), adopt the most expeditious method of resolving the issues; and

(b) ensure that the rules of natural justice are followed.

SNWT 1994,c.33,s.3.

DIVISION 3

ROADSIDE SUSPENSIONS AND

DISQUALIFICATIONS

Interpretation

Definitions

116.

In this Division,

"approved instrument" means an approved instrument as defined in section 320.11 of the Criminal Code; (alcootest approuvé)

"approved screening device" means an approved screening device as defined in section 320.11 of the Criminal Code; (appareil de détection approuvé) "axle" means an assembly of two or more wheels whose centres are in one transverse plane; (essieu)

"commercial vehicle" means any of the following motor vehicles, whether or not it is being used for business purposes:

(a) a tractor,

(b) a combination of a tractor and one or two trailers, including a semitrailer,

(c) a straight truck,

(d) a taxi,

(e) a single vehicle with three or more axles,

(f) a bus,

(g) a school bus,

(h) an emergency vehicle,

(i) a prescribed vehicle; (véhicule utilitaire)

"driver’s licence" includes a driver’s licence issued under the laws of an extra-territorial jurisdiction if the context so requires; (permis de conduire)

"novice driver" means,

(a) in respect of a person who is named in a driver’s licence issued under this Part,

(i) a person who is named in a driver’s licence that is categorized as a learner’s driver’s licence under the regulations, or

(ii) a person who is named in a driver’s licence that is categorized as a probationary driver’s licence under the regulations, or

(b) in respect of a person who is named in a driver’s licence issued under the laws of an extra-territorial jurisdiction, a person who is named in a driver’s licence that is equivalent to a driver’s licence referred to in subparagraph (a)(i) or (ii); (conducteur débutant)

"semitrailer" means a trailer that is designed

(a) to be drawn by a tractor, and

(b) so that a substantial part of its weight and load rests on and is carried by either the tractor or the trailer converter dolly to which it is attached by a fifth wheel coupler; (semi-remorque)

"straight truck" means a motor vehicle, other than a bus or tractor, that is

(a) operated as a single unit or used to pull a trailer that is not a semitrailer, and

(b) rated by its manufacturer to be and is capable of carrying or pulling a load of at least 14,600 kg; (camion porteur)

"tractor" means a motor vehicle that is primarily designed for drawing another vehicle by means of a fifth wheel hitch. (tracteur) SNWT 2003,c.14,s.16; SNWT 2009,c.13,s.4(1); SNWT 2018,c.6,Sch.C,s.3; SNWT 2018, c.6,Sch.C,s.19(2); SNWT 2022,c.10,s.10.

24 Hour Suspension - Impairment by

Alcohol, Drug or Fatigue

Duties of officer

116.1.

(1) An officer shall, on behalf of the Registrar, without delay, take the actions set out in subsection (2) and subsection (3), (4) or (5), as the case may be, if the officer believes on reasonable grounds that the ability of a person who is operating a motor vehicle on a highway or who has the care or control of a motor vehicle on a highway is adversely affected because the person has consumed or otherwise introduced alcohol or a drug into his or her body, or is fatigued.

Power to stop vehicles

(2) If the motor vehicle is being operated on a highway, the officer shall direct the person to stop and park the vehicle.

Surrender and suspension of driver’s licence

(3) If the person is named in a valid driver’s licence issued under this Part, the officer shall

(a) direct the person to surrender his or her driver’s licence;

(b) suspend the person’s driver’s licence for a period of 24 hours; and

(c) serve a notice of suspension on the person.

Disqualifica- tion of extra- territorially licenced person

(4) If the person is named in a valid driver’s licence issued under the laws of an extra-territorial jurisdiction the officer shall

(a) direct the person to surrender his or her driver’s licence;

(b) disqualify the person from operating a motor vehicle and from applying for or holding a driver’s licence under this Part for a period of 24 hours; and

Disqualifica- tion of unlicenced person

(5) If the person is not named in a valid driver’s licence issued under this Part or under the laws of an extra-territorial jurisdiction, the officer shall

(a) disqualify the person from applying for or holding a driver’s licence under this Part for a period of 24 hours; and

(b) serve a notice of disqualification on the person.

Requirement to comply

(6) A person shall comply with a direction of an officer made under subsection (2) and paragraph (3)(a) and (4)(a).

Contents of notice

(7) A notice of suspension referred to in paragraph (3)(c) or a notice of disqualification referred to in paragraph (4)(c) or (5)(b) must include the following information:

(a) the reason for the suspension or disqualification and, in particular, whether it is based on the officer’s belief that the ability of the person to operate a motor vehicle is adversely affected because of

(i) alcohol,

(ii) a drug,

(iii) fatigue, or

(iv) a combination of specified factors set out in subparagraphs (i) to (iii);

(b) if applicable, the place where the person can obtain his or her driver’s licence at the conclusion of the period of the suspension or disqualification.

Person may undergo test

(8) If alcohol is listed as a factor in the notice referred to in subsection (7), the person may

(a) within two hours after the commencement of the suspension or disqualification, if the officer has access to the prescribed test equipment in the community in which the officer is based, voluntarily undergo a test of his or her breath administered by the officer or a person designated by the officer using prescribed test equipment to determine the concentration, if any, of alcohol in the person’s blood; or

(b) provide the officer with a certificate

(i) that sets out the concentration of alcohol, if any, in the person’s blood, and

(ii) that is signed by a medical practitioner who tested the person’s blood within two hours after the commencement of the suspension or disqualification.

Limit

(9) A person may only undergo a test referred to in paragraph (8)(a) once during the period of a suspension or disqualification.

Suspension or disqualifica- tion vacated

(10) If alcohol is the only factor for a suspension imposed under paragraph (3)(b) or a disqualification imposed under paragraph (4)(b) or (5)(a), the suspension or disqualification is vacated if the concentration of alcohol in the person’s blood is less than 50 mg of alcohol in 100 mL of blood according to

(a) the results of a test undergone by the person in accordance with paragraph (8)(a); or

(b) a certificate provided to the officer in accordance with paragraph (8)(b).

Alcohol removed as factor

(11) If a suspension imposed under paragraph (3)(b) or a disqualification imposed under paragraph (4)(b) or (5)(a) is based on a combination of alcohol and some other factor, the reference to alcohol shall be deleted as a factor from the notice referred to in subsection (7) if the concentration of alcohol in the person’s blood is less than 50 mg of alcohol in 100 mL of blood according to

(a) the results of a test undergone by the person in accordance with paragraph (8)(a); or

(b) a certificate provided to the officer in accordance with paragraph (8)(b).

Return of driver’s licence

(12) An officer who is in possession of a driver’s licence surrendered under paragraph (3)(a) or (4)(a) shall, if the person named in the driver’s licence is not otherwise prohibited from operating a motor vehicle,

(a) immediately return the person’s driver’s licence when a suspension or disqualification is vacated under subsection (10); or

(b) on the request of the person or his or her agent made after the period of the suspension or disqualification is concluded, return the driver’s licence to the person or agent.

SNWT 2003, c.14,s.16; SNWT 2009,c.13,s.4(1); SNWT 2015,c.28,s.19,20,21; SNWT 2022,c.4,s.18(2); SNWT 2022,c.10,s.11.

Novice and Young Drivers and Operators of

Surrender of licence: alcohol

116.2.

(1) Where a person who is the operator of or SNWT 2018,c.6,Sch.C,s.4.

has the care or control of a motor vehicle on a highway is a novice driver, has not attained 22 years of age or is operating a commercial vehicle, complies with a demand under section 320.27 or 320.28 of the Criminal Code to provide a sample of breath that, on analysis, indicates that alcohol is present in the person’s blood, or the person fails or refuses, without reasonable excuse, to comply with such a demand, the peace officer shall direct the person to surrender his or her driver’s licence.

Surrender of licence: drugs

(2) Where a person who is the operator of or has the care or control of a motor vehicle on a highway is a novice driver, has not attained 22 years of age or is operating a commercial vehicle, complies with a demand under section 320.27 of the Criminal Code to provide a sample of oral fluid or a demand under section 320.28 of the Criminal Code to provide a sample of a bodily substance, that, on analysis, indicates that a drug is present in the person’s body, or the person fails or refuses, without reasonable excuse, to comply with such a demand, the peace officer shall direct the person to surrender his or her driver’s licence.

Drugs for medical purposes

(2.1) For the purposes of subsection (2), "drug" does not include a drug that the peace officer is satisfied the person is legally authorized to use for medical purposes.

Suspension of licence

(3) If a peace officer gives a direction to a person under subsection (1) or (2), the peace officer shall

(a) if the person is a novice driver or a person who has not attained 22 years of age, suspend the person’s driver’s licence for a period of 30 days, commencing immediately;

(b) subject to paragraph (a), if the person is operating a commercial vehicle, suspend the person’s driver’s licence for a period of three days, commencing immediately; and

(c) serve a notice of suspension on the person.

Disqualifica- tion of extra- territorially licensed person

(4) If a person who is given a direction to surrender his or her driver’s licence by a peace officer under this section is named in a valid driver’s licence issued under the laws of an extra-territorial jurisdiction, the officer shall

(a) disqualify the person from operating a motor vehicle and from applying for or holding a driver’s licence under this Part for a period of

(i) 30 days, commencing immediately, if he or she is a novice driver or has not attained 22 years of age, or

(ii) subject to subparagraph (i), three days, commencing immediately, if he or she is operating a commercial vehicle; and

(b) serve a notice of disqualification on the person.

Disqualifica- tion of unlicensed person

(5) If a person who is given a direction to surrender his or her driver’s licence by a peace officer under this section is not named in a valid driver’s licence issued under this Part or under the laws of an extra-territorial jurisdiction, the officer shall

(a) disqualify the person from applying for or holding a driver’s licence under this Part for a period of 30 days; and

(b) serve a notice of disqualification on the person.

Requirement to comply

(6) Any person who is given a direction by a peace officer under this section or is subject to a demand made by a peace officer under this section shall immediately comply with that direction or demand.

Return of licence

(7) A peace officer who is in possession of a driver’s licence that has been surrendered by a person under this section shall, if the person is not otherwise prohibited from operating a motor vehicle, on the request of the person or his or her agent made after the period of the suspension or disqualification is concluded, return the driver’s licence to the person or agent. SNWT 2018,c.6,Sch.C,s.4; SNWT 2018, c.6,Sch.C,s.19(3),(4); SNWT 2022,c.10,s.12.

Right to request review

116.3.

(1) A person may request a review of a suspension imposed under paragraph 116.2(3)(a) or a disqualification imposed under subparagraph 116.2(4)(a)(i) or paragraph 116.2(5)(a), by submitting a notice of request for a review and paying the prescribed fee to the Registrar within 10 days after being served with a notice of suspension or disqualification.

Registrar may conduct reviews

(2) The Registrar may conduct reviews under this section.

Person not compellable

(3) A person who requests a review is not compelled to give evidence under this section.

Evidence considered

(4) In a review under this section, the Registrar shall consider

(a) any relevant sworn or solemnly affirmed statements and any other relevant information; and

(b) the report of the peace officer referred to in paragraph 116.9(c).

Natural justice

(5) The Registrar is bound by the rules of natural justice in conducting a review under this section.

Suspension, disqualifica- tion confirmed or vacated

(6) The Registrar shall, after conducting a review under this section,

(a) confirm a suspension imposed under paragraph 116.2(3)(a) or a disqualification imposed under subparagraph 116.2(4)(a)(i) or paragraph 116.2(5)(a), if the Registrar is satisfied that the person

(i) was the operator of, or had the care or control of, a motor vehicle on a highway while alcohol or a drug was present in his or her blood or body, or

(ii) failed or refused, without reasonable excuse, to provide a sample of his or her breath or bodily substance; or

(b) vacate a suspension imposed under paragraph 116.2(3)(a) or a disqualification imposed under subparagraph 116.2(4)(a)(i) or paragraph 116.2(5)(a), if the Registrar is not satisfied with respect to the matters set out in paragraph (a).

Decision final

(7) The decision of the Registrar is final.

Suspension remains in effect

(8) A suspension imposed under paragraph 116.2(3)(a) or a disqualification imposed under subparagraph 116.2(4)(a)(i) or paragraph 116.2(5)(a) remains in effect notwithstanding the filing of a request for a review under this section. SNWT 2003,c.14,s.16; SNWT 2018,c.6,Sch.C,s.5.

Driver with Blood Alcohol

Equal to or Exceeding 50 mg

Definition: previous suspension, disqualifica- tion or prohibition

116.4.

(1) In this section and section 116.5, "previous SNWT 2022,c.4,s.18(3); SNWT 2022,c.10,s.13.

suspension, disqualification or prohibition" means a suspension or disqualification imposed under this section or section 116.6 or 116.7 or a prohibition imposed by section 116.14 in the two-year period immediately before the imposition of a suspension under paragraph (4)(b) or a disqualification under paragraph (5)(b) or (6)(a), as the case may be.

Duties of peace officer, approved screening device

(2) A peace officer shall, on behalf of the Registrar, without delay, take the actions set out in subsection (4), (5) or (6), as the case may be, if, upon demand of the peace officer made under section 320.27 of the Criminal Code on a person who is the operator of or has the care or control of a motor vehicle on a highway to provide a sample of his or her breath, the person provides a sample of his or her breath which, on analysis by an approved screening device, registers "warn" or another similar word, letter or indication that the approved screening device is designed to register if the concentration of alcohol in the blood of the person whose breath is analyzed exceeds the set proportion when the approved screening device is calibrated as required under subsection (8).

Duties of peace officer, approved instrument

(3) A peace officer shall, on behalf of the Registrar, without delay, take the actions set out in subsection (4), (5) or (6), as the case may be, if, upon demand of the peace officer made under section 320.28 of the Criminal Code on a person who is the operator of or has the care or control of a motor vehicle on a highway to provide a sample of his or her breath or blood, the person provides a sample of

(a) his or her breath which, on analysis by an approved instrument, indicates that the concentration of alcohol in his or her blood is equal to or exceeds 50 mg of alcohol in 100 mL of blood; or

(b) his or her blood which, on analysis, indicates that the concentration of alcohol in his or her blood is equal to or exceeds 50 mg of alcohol in 100 mL of blood.

Surrender and suspension of driver’s licence

(4) If the person is named in a valid driver’s licence issued under this Part, the peace officer shall

(a) direct the person to surrender his or her driver’s licence;

(b) suspend the person’s driver’s licence

(i) for a period of 24 hours, if the person has not been subject to a previous suspension, disqualification or prohibition, or

(ii) for a period of 30 days, if the person has been subject to a previous suspension, disqualification or prohibition; and

(c) serve a notice of suspension on the person.

Disqualifica- tion of extra- territorially licenced person

(5) If the person is named in a valid driver’s licence issued under the laws of an extra-territorial jurisdiction the peace officer shall

(a) direct the person to surrender his or her driver’s licence;

(b) disqualify the person from operating a motor vehicle and from applying for or holding a driver’s licence under this Part

(i) for a period of 24 hours, if the person has not been subject to a previous suspension, disqualification or prohibition, or

(ii) for a period of 30 days, if the person has been subject to a previous suspension, disqualification or prohibition; and

(c) serve a notice of disqualification on the person.

Disqualifica- tion of unlicenced person

(6) If the person is not named in a valid driver’s licence issued under this Part or under the laws of an extra-territorial jurisdiction, the peace officer shall

(a) disqualify the person from applying for or holding a driver’s licence under this Part

(i) for a period of 24 hours, if the person has not been subject to a previous suspension, disqualification or prohibition, or

(ii) for a period of 30 days, if the person has been subject to a previous suspension, disqualification or prohibition; and

(b) serve a notice of disqualification on the person.

Requirement to comply

(7) A person shall comply with a direction of a peace officer made under paragraph (4)(a) and (5)(a).

Calibration

(8) For the purposes of subsection (2), an approved screening device shall be calibrated so that it does not register "warn" or another similar word, letter or indication that the approved screening device is designed to register if the concentration of alcohol in the blood of the person whose breath is analyzed is less than 50 mg of alcohol in 100 mL of blood.

Presumption

(9) It shall be presumed, in the absence of evidence to the contrary, that a screening device used for the purpose of subsection (2) has been calibrated as required under subsection (8).

Right to further analysis

(10) Where an analysis of the breath of a person is made under subsection (2)

(a) the person may require a further analysis of his or her breath to be performed in the manner provided in paragraph (3)(a), in which case the result obtained on the second analysis governs and a suspension or disqualification resulting from an analysis under subsection (2) continues or terminates accordingly; and

(b) the peace officer who made the demand under subsection (2) shall advise the person of his or her right under paragraph (a) to a further analysis.

Suspension remains in effect

(11) A suspension imposed under subparagraph (4)(b)(ii) remains in effect notwithstanding that the period of the suspension has expired until the person named in the driver’s licence pays the prescribed fees.

Return of driver’s licence

(12) A peace officer who is in possession of a driver’s licence that has been surrendered under paragraph (4)(a) or (5)(a) shall, if the person named in the driver’s licence is subject to a 24 hour suspension or disqualification and is not otherwise prohibited from operating a motor vehicle, on the request of the person or his or her agent made after the period of the suspension or disqualification is concluded, return the driver’s licence to the person or agent.

Non- application

(13) This section does not apply to a person who

(a) is a novice driver; or

(b) has not attained 22 years of age.

SNWT 2003,c.14,s.16; SNWT 2009,c.13,s.4(1); SNWT 2015,c.28,s.20,21,22; SNWT 2018,c.6, Sch.C, ss.6,7; SNWT 2018,c.6,Sch.C,s.19(4),(5); SNWT 2022,c.4,s.18(2),(4); SNWT 2022,c.10,s.14.

Right to request review of 30 day suspension or disqualifica- tion

116.5.

(1) A person may request a review of a suspension imposed under subparagraph 116.4(4)(b)(ii) or a disqualification imposed under subparagraph 116.4(5)(b)(ii) or (6)(a)(ii), by submitting a notice of request for a review and paying the prescribed fee to the Registrar within 10 days after being served with a notice of the suspension or disqualification.

Application of provisions

(2) Subsections 116.3(2) to (5) and (7) apply to a review conducted under this section.

Suspension or disqualifica- tion confirmed, vacated or varied

(3) The Registrar shall, after conducting a review under this section,

(a) confirm a suspension imposed under subparagraph 116.4(4)(b)(ii) or a disqualification imposed under subparagraph 116.4(5)(b)(ii) or (6)(a)(ii), if the Registrar is satisfied that

(i) the person operated or had the care or control of a motor vehicle on a highway, having consumed alcohol in such a quantity that the concentration of alcohol in his or her blood was equal to or exceeded 50 mg of alcohol in 100 mL of blood, and

(ii) the person had been subject to a previous suspension, disqualification or prohibition;

(b) vacate a suspension imposed under subparagraph 116.4(4)(b)(ii) or a disqualification imposed under subparagraph 116.4(5)(b)(ii) or (6)(a)(ii), if the Registrar is not satisfied with respect to the matter referred to in subparagraph (a)(i); or

(c) vacate a suspension imposed under subparagraph 116.4(4)(b)(ii) or a disqualification imposed under subparagraph 116.4(5)(b)(ii) or (6)(a)(ii) and instead substitute a suspension under subparagraph 116.4(4)(b)(i) or a d i s q u a l i f i c a t i o n u n d e r subparagraph 116.4(5)(b)(i) or (6)(a)(i), as the case may be, if the Registrar

(i) is satisfied with respect to the matter referred to in subparagraph (a)(i), and

(ii) is not satisfied with respect to the matter referred to in subparagraph (a)(ii).

Suspension or disqualifica- tion remains in effect

(4) A suspension imposed under subparagraph 116.4(4)(b)(ii) or a disqualification imposed under subparagraph 116.4(5)(b)(ii) or (6)(a)(ii) remains in effect notwithstanding the filing of a request for a review under this section. SNWT 2003,c.14,s.16; SNWT 2022,c.4,s.18(2); SNWT 2022,c.10,s.15.

Driver with Blood Alcohol Equal to or Exceeding 80 mg or Who Fails or Refuses to Comply with Demand SNWT 2022,c.10,s.16.

Duties of peace officer: blood alcohol equal to or exceeding 80 mg

116.6.

(1) A peace officer shall, on behalf of the Registrar, without delay, take the actions set out in subsection (2), (4), (5), or (8), as the case may be, if, upon demand of the peace officer made under section 320.28 of the Criminal Code on a person who is the operator of or has the care or control of a motor vehicle on a highway to provide a sample of breath or blood, the person

(a) provides a sample of breath which, on analysis by an approved instrument, indicates that the concentration of alcohol in their blood is equal to or exceeds 80 mg of alcohol in 100 mL of blood; or

(b) provides a sample of blood which, on analysis, indicates that the concentration of alcohol in their blood is equal to or exceeds 80 mg of alcohol in 100 mL of blood.

Duties of peace officer: refusal to comply with demand

(1.1) A peace officer shall, on behalf of the Registrar, without delay, take the actions set out in subsection (2), (4), (5), or (8), as the case may be, if,

(a) upon demand of the peace officer made under section 320.27 of the Criminal Code on a person who is the operator of or has the care and control of a motor vehicle on a highway, the person fails or refuses, without reasonable excuse,

(i) to provide a sample of breath or oral fluid, or

(ii) to perform physical co-ordination tests; or

(b) upon demand of the peace officer made under section 320.28 of the Criminal Code on a person who is the operator of or has the care and control of a motor vehicle on a highway, the person fails or refuses, without reasonable excuse,

(i) to provide a sample of breath or a bodily substance, or

(ii) to submit to an evaluation.

Surrender and suspension of driver’s licence

(2) If the person is named in a valid driver’s licence issued under this Part, the peace officer shall

(a) direct the person to surrender his or her driver’s licence;

(b) issue a temporary driver’s permit to the person, if the person is not a novice driver;

(c) suspend the person’s driver’s licence,

(i) if the person is not a novice driver, for a period of

(A) 24 hours commencing immediately, and

(B) 90 days commencing at the time the person’s temporary driver’s permit expires, or

(ii) if the person is a novice driver, for a period of 90 days commencing immediately; and

(d) serve a notice of suspension on the person.

Temporary driver’s permit

(3) A temporary driver’s permit issued under paragraph (2)(b)

(a) takes effect 24 hours after it is issued;

(b) expires on the earlier of

(i) the seventh day after the day on which the temporary driver’s permit takes effect, or

(ii) the day the person’s driver’s licence expires; and

(c) is subject to the same terms and conditions as those to which the driver’s licence of the person named in the temporary driver’s permit is subject.

Cancellation of temporary driver’s permit

(4) If the person is named in a valid temporary driver’s permit issued under paragraph (2)(b), the peace officer shall

(a) direct the person to surrender his or her temporary driver’s permit;

(b) cancel the person’s temporary driver’s permit;

(c) suspend the person’s driver’s licence for a period of 90 days commencing immediately; and

(d) serve a notice of cancellation and a notice of suspension on the person.

Disqualifica- tion of extra- territorially licenced person

(5) If the person is named in a valid driver’s licence issued under the laws of an extra-territorial jurisdiction the peace officer shall

(a) direct the person to surrender his or her driver’s licence;

(b) disqualify the person from operating a motor vehicle

(i) for a period of

(A) 24 hours commencing immediately, and

(B) 90 days commencing on the eighth day after the day on which the disqualification is imposed, or

(ii) for a period of 90 days commencing immediately, if the person is, at the time the disqualification is imposed, subject to another disqualification imposed under this subsection, whether or not it has commenced;

(c) disqualify the person from applying for or holding a driver’s licence under this Part for a period of 98 days; and

(d) serve a notice of disqualification on the person.

Return of driver’s licence

(6) A peace officer who is in possession of a driver’s licence surrendered under paragraph (5)(a) shall, if the person named in the driver’s licence is not otherwise prohibited from operating a motor vehicle, on the request of the person made after the period of the disqualification set out in clause (5)(b)(i)(A) is concluded,

(a) return the driver’s licence to the person; and

(b) serve on the person a notice that he or she is required to surrender his or her driver’s licence to a peace officer on the commencement of the period of disqualification set out in clause (5)(b)(i)(B).

Surrender of driver’s licence

(7) A person whose driver’s licence is returned under subsection (6) shall surrender the driver’s licence to a peace officer on the commencement of the period of disqualification set out in clause (5)(b)(i)(B).

Disqualifica- tion of unlicenced person

(8) If the person is not named in a valid driver’s licence issued under this Part or under the laws of an extra-territorial jurisdiction, the peace officer shall

(a) disqualify the person from applying for or holding a driver’s licence under this Part for a period of 98 days; and

(b) serve a notice of disqualification on the person.

Requirement to comply

(9) A person shall comply with a direction of a peace officer made under paragraph (2)(a), (4)(a) and (5)(a).

Suspension remains in effect

(10) A suspension imposed under clause (2)(c)(i)(B), subparagraph (2)(c)(ii) or paragraph (4)(c) remains in effect notwithstanding that the period of the suspension has expired, until the person

(a) satisfies any conditions required by the Registrar under subsection 77.1(1); and

(b) pays the prescribed fees.

SNWT 2003,c.14,s.16; SNWT 2009,c.13,s.4(1); SNWT 2015,c.28,s.20,21,22; SNWT 2018,c.6, Sch.C,s.6; SNWT 2018,c.6,Sch.C,s.19(5); SNWT 2022,c.4,s.18(6); SNWT 2022,c.10,s.16.

Suspension of driver’s licence: blood alcohol equal to or exceeding 80 mg in other jurisdiction

116.7.

(1) The Registrar may suspend the driver’s licence of a person if the Registrar receives a report from a Canadian jurisdiction other than the Northwest Territories that the person has been disqualified from operating a motor vehicle in that jurisdiction because the person operated or had the care or control of a motor vehicle on a highway and upon demand of a peace officer made under section 320.28 of the Criminal Code to provide a sample of breath or blood, the person

(a) provided a sample of breath which, on analysis by an approved instrument, indicated that the concentration of alcohol in their blood was equal to or exceeded 80 mg of alcohol in 100 mL of blood; or

(b) provided a sample of blood which, on analysis, indicated that the concentration of alcohol in their blood was equal to or exceeded 80 mg of alcohol in 100 mL of blood.

Suspension of driver’s licence: refusal to comply with demand in other jurisdiction

(1.1) The Registrar may suspend the driver’s licence of a person if the Registrar receives a report from a Canadian jurisdiction other than the Northwest Territories that the person has been disqualified from operating a motor vehicle in that jurisdiction because the person operated or had the care or control of a motor vehicle on a highway and

(a) upon demand of a peace officer made under section 320.27 of the Criminal Code the person failed or refused, without reasonable excuse,

(i) to provide a sample of breath or a bodily substance, or

(ii) to perform physical co-ordination tests; or

(b) upon demand of a peace officer made under section 320.28 of the Criminal Code the person failed or refused, without reasonable excuse,

(i) to provide a sample of breath or a bodily substance, or

(ii) to submit to an evaluation.

Notice

(2) On suspending the driver’s licence of a person under subsection (1) or (1.1), the Registrar shall send the person a notice of suspension.

Duty after suspension

(3) On receipt of a notice referred to in subsection (2), the person named in the driver’s licence shall, without delay, deliver or mail the licence to the Registrar.

Period of suspension

(4) Subject to subsections (5) and (6), a suspension imposed under subsection (1) or (1.1) is in effect for the lesser of

(a) a period commencing on the day it is imposed and ending on the day on which the period of disqualification to which the person is subject in the jurisdiction in which the disqualification was imposed is concluded; and

(b) a period of 90 days commencing on the day it is imposed.

Authority to suspend where disqualifica- tion expired

(5) A suspension may be imposed under this section notwithstanding that the period of the disqualification imposed in the jurisdiction referred to in subsection (1) or (1.1) has expired and, in that case, the suspension commences on the day it is imposed and remains in effect until the person complies with subsection (6).

Suspension remains in effect

(6) A suspension imposed under this section remains in effect notwithstanding that the period of the suspension has expired, until the person

(a) satisfies any conditions required by the Registrar under subsection 77.1(1); and

(b) pays the prescribed fees.

SNWT 2003,c.14,s.16; SNWT 2009,c.13,s.27; SNWT 2015,c.28,s.22; SNWT 2018,c.6,Sch.C, s.6; SNWT 2018,c.6,Sch.C,s.19(5); SNWT 2022, c.4,s.18(6); SNWT 2022,c.10,s.17.

Right to appeal suspension or disqualifica- tion

116.8.

(1) Within 30 days after being served with or receiving a notice of suspension or disqualification issued under this Division, a person may, by submitting a notice of appeal and paying the prescribed fee to the Registrar, appeal

Assignment of adjudicator

(2) On receipt of a notice of appeal, the Registrar shall notify the Minister who shall

(a) designate an adjudicator to conduct the appeal; or

(b) assign the appeal to an adjudicator who has already been designated.

Appellant not compellable

(3) An appellant is not compelled to give evidence under this section.

Powers of adjudicator

(4) On being assigned an appeal, an adjudicator may

(a) require the Registrar to provide to the adjudicator copies of all relevant records and information;

(b) receive any relevant sworn or solemnly affirmed statements and any other relevant information; and

(c) subject to subsection (3), require the Registrar or any other person to provide additional information before making a decision on the appeal.

Evidence considered

(5) On an appeal under this section, the adjudicator shall consider

(a) any records, statements or information received under subsection (4);

(b) the report of the peace officer referred to in paragraph 116.9(c); and

(c) a copy of any certificate referred to in section 320.32 of the Criminal Code.

Duties of adjudicator

(6) The adjudicator shall determine the issues arising in an appeal and shall

(a) subject to paragraph (b), adopt the most expeditious method of resolving the issues; and

(b) ensure that the rules of natural justice are followed.

Suspension or disqualifica- tion confirmed

(7) The adjudicator shall, after considering the evidence and arguments submitted on an appeal under this section, confirm the suspension or disqualification that is the subject of the appeal, if the adjudicator is satisfied

(a) that the person operated or had the care or control of a motor vehicle on a highway, having consumed alcohol in such a quantity that the concentration of alcohol in their blood was equal to or exceeded 80 mg of alcohol in 100 mL of blood;

(b) that the person operated or had the care or control of a motor vehicle on a highway, and failed or refused, without reasonable excuse,

(i) to comply with a demand made on them under subsection 320.27 of the Criminal Code

(A) to provide a sample of breath,

(B) to provide a sample of oral fluid or, if applicable, another bodily substance, or

(C) to perform physical co-ordination tests, or

(ii) to comply with a demand made on them under subsection 320.28 of the Criminal Code

(A) to provide a sample of breath or a bodily substance, or

(B) to submit to an evaluation; or

(c) in the case of a suspension or disqualification under section 116.84,

(i) that either of the criteria set out in subsection 116.84(2) apply to the person, and

(ii) that the person operated or had the care or control of a motor vehicle on a highway while their ability to operate a motor vehicle was impaired by a drug or by a combination of a drug and alcohol.

Vacate suspension or disqualifica- tion

(8) The adjudicator shall, after considering the evidence and arguments submitted on an appeal under this section, vacate the suspension or the disqualification that is the subject of the appeal if the adjudicator is not satisfied with respect to the matters set out in paragraph (7)(a), (b) or (c), as the case may be.

Written reasons

(9) The adjudicator shall give written reasons for his or her decision and shall give the Registrar and the appellant a copy of the decision.

Decision final

(10) The decision of the adjudicator is final.

Suspension or disqualifica- tion remains in effect

(11) A suspension or disqualification imposed under a provision referred to in subsection (1) remains in effect notwithstanding the filing of an appeal under this section. SNWT 2003,c.14,s.16.; SNWT 2018, c.6,Sch.C,s.8; SNWT 2018,c.6,Sch.C, s.19(5),(6),(8); SNWT 2022,c.4,s.18(6); SNWT 2022,c.10,s.18.

Driver Using Restricted

Electronic Device

Duties of officer

116.81.

(1) An officer shall, on behalf of the Registrar, without delay, take the actions set out in subsection (2) and subsection (3) or (5), as the case may be, if the officer believes on reasonable grounds that a person who is operating a motor vehicle on a highway or who has the care or control of a motor vehicle on a highway is using a restricted electronic device as defined in subsection 155.1(1).

Power to stop vehicles

(2) If the motor vehicle is being operated on a highway, the officer shall direct the person to stop and park the vehicle.

Surrender and suspension of driver’s licence

(3) If the person is named in a valid driver’s licence issued under this Part and the person is described in any of paragraphs (10)(a), (b) or (c), the officer shall

(a) direct the person to surrender his or her driver’s licence;

(b) issue a temporary driver’s permit to the person;

(c) suspend the person’s driver’s licence for a period in accordance with subsection (10); and

(d) serve a notice of suspension on the person.

Temporary driver’s permit

(4) A temporary driver’s permit issued under paragraph (3)(b)

(a) takes effect when it is issued;

(b) expires 24 hours after the notice of suspension is served on the person under paragraph (3)(d); and

(c) is subject to the same terms and conditions as those to which the driver’s licence of the person named in the temporary driver’s permit is subject.

Disqualifica- tion of extra- territorially licenced person

(5) If the person is named in a valid driver’s licence issued under the laws of an extra-territorial jurisdiction and the person is described in any of paragraphs (10)(a), (b) or (c), the officer shall

(a) direct the person to surrender his or her driver’s licence;

(b) disqualify the person from operating a motor vehicle and from applying for or holding a driver’s licence under this Part for a period in accordance with subsection (10); and

Disqualifica- tion of extra territorially licensed person

(6) If the person is not named in a valid driver’s licence issued under this Part or under the laws of an extra-territorial jurisdiction, the officer shall

(a) disqualify the person from applying for or holding a driver’s licence under this Part for a period of 24 hours; and

(b) serve a notice of disqualification on the person.

Requirement to comply

(7) A person shall comply with the direction of an officer made under subsection (2) and paragraphs (3)(a) and (5)(a).

Contents of notice

(8) A notice of suspension referred to in paragraph (3)(c) or a notice of disqualification referred to in paragraph (5)(c) must include the reason for the suspension or disqualification.

Return of driver’s licence

(9) An officer who is in possession of a driver’s licence surrendered under paragraph (3)(a) or (5)(a) shall, if the person named in the driver’s licence is not otherwise prohibited from operating a motor vehicle, and on the request of the person or his or her agent made after the period of the suspension or disqualification is concluded, return the driver’s licence to the person or agent.

Duration of suspension or disqualifica- tion

(10) A suspension or disqualification made under this section takes effect 24 hours after the notice of suspension or disqualification is served and continues for a period of

(a) 24 hours, if the person has been involved in a contravention of subsection 155.1(2) but has not been subject to a suspension or disqualification under this paragraph in the two-year period immediately before the contravention;

(b) seven days, if the person has been subject to a suspension or disqualification made under paragraph (a) within the two-year period immediately before the most recent suspension or disqualification; or

(c) 30 days, if the person has been subject to a suspension or disqualification made under paragraph (b) within the two-year period immediately before the most recent suspension or disqualification.

SNWT 2015,c.28,s.23.

Surrender of licence

116.82.

(1) Where a peace officer is satisfied that either of the criteria set out in subsection (2) apply to a person who is the operator of or who has the care or control of a motor vehicle, and if the officer reasonably believes, taking into account all of the circumstances, including the criteria set out in subsection (2), that the person’s ability to operate a motor vehicle is impaired by a drug or by a combination of a drug and alcohol, the officer shall direct the person to surrender his or her driver’s licence.

Criteria

(2) The criteria referred to in subsection (1) are

(a) the person has performed physical co-ordination tests under section 320.27 of the Criminal Code in connection with the operation of or the care or control of a motor vehicle; and

(b) the person refuses, without reasonable excuse, to perform the test referred to in paragraph (a) when required to do so by a peace officer.

Suspension

(3) If the person referred to in subsection (1) is named in a valid driver’s licence issued under this Part, the peace officer shall

(a) suspend the person’s driver’s licence for a period of 30 days; and

(b) serve a notice of suspension on the person.

Disqualifica- tion of extra- territorially licenced person

(4) If the person referred to in subsection (1) is named in a valid driver’s licence issued under the laws of an extra-territorial jurisdiction, the peace officer shall

(a) disqualify the person from operating a motor vehicle and from applying for or holding a driver’s licence under this Part for a period of 30 days; and

(b) serve a notice of disqualification on the person.

Disqualifica- tion of unlicenced person

(5) If the person referred to in subsection (1) is not named in a valid driver’s licence issued under this Part or under the laws of an extra-territorial jurisdiction, the peace officer shall

(a) disqualify the person from applying for or holding a driver’s licence under this Part for a period of 30 days; and

(b) serve a notice of disqualification on the person.

Requirement to comply

(6) A person shall comply with a direction made by a peace officer made under subsection (1).

Return of driver’s licence

(7) A peace officer who is in possession of a driver’s licence that has been surrendered under subsection (1) shall, if the person is not otherwise prohibited from operating a motor vehicle, on the request of the person or his or her agent made after the period of the suspension or disqualification is concluded, return the driver’s licence to the person or agent. SNWT 2018, c.6,Sch.C,s.9; SNWT 2018, c.6,Sch.C,s.19(7).

Request for review

116.83.

(1) A person may request a review of a suspension or a disqualification imposed under section 116.82 by submitting a notice of request for a review and paying the prescribed fee to the Registrar within 10 days after being served with a notice of the suspension or disqualification.

Application of section 116.3

(2) Subsections 116.3(2) to (5) and subsection 116.3(7) apply, with the necessary modifications, to a review conducted under this section.

Registrar to confirm or vacate

(3) The Registrar shall, after conducting a review,

(a) confirm a suspension imposed under paragraph 116.82(3)(a) or a disqualification imposed under paragraph 116.82(4)(a) or 116.82(5)(a), if the Registrar is satisfied

(i) that either of the criteria set out in subsection 116.82(2) apply to the person, and

(ii) that the person was the operator of, or had the care or control of, a motor vehicle on a highway while their ability to operate a motor vehicle was impaired by a drug or by a combination of a drug and alcohol; or

(b) vacate a suspension imposed under paragraph 116.82(3)(a) or a disqualification imposed under paragraph 116.82(4)(a) or 116.82(5)(a) if the Registrar is not satisfied with respect to the matters set out in paragraph (a).

Remain in effect

(4) A suspension imposed under paragraph 116.82(3)(a) or a disqualification imposed under paragraph 116.82(4)(a) or 116.82(5)(a) remains in effect notwithstanding the filing of a request for a review. SNWT 2018, c.6,Sch.C,s.9; SNWT 2022,c.10, s.19.

Surrender of licence

116.84.

(1) Where a peace officer is satisfied that either of the criteria set out in subsection (2) apply to a person who is the operator of or has the care or control of a motor vehicle, and if the peace officer reasonably believes, taking into account all of the circumstances, including the criteria set out in subsection (2), that the person’s ability to operate a motor vehicle is, or at the time the person was operating or having the care or control of the motor vehicle, was impaired by a drug or by a combination of a drug and alcohol, the officer shall direct the person to surrender his or her driver’s licence.

Criteria

(2) The criteria referred to in subsection (1) are

(a) the person has been evaluated by an evaluating officer under section 320.28 of the Criminal Code in connection with the operation or the care or control of a motor vehicle; and

(b) the person refuses, without reasonable excuse, to submit to the evaluation referred to in paragraph (a) when required to do so by a peace officer.

Temporary permit, suspension

(3) If the person referred to in subsection (1) is named in a valid driver’s licence issued under this Part, the peace officer shall

(a) if the person is not a novice driver, issue a temporary driver’s permit to the person;

(b) suspend the person’s driver’s licence

(i) if the person is not a novice driver, for a period of

(A) 24 hours commencing immediately, and

(B) 90 days commencing at the time the person’s temporary driver’s permit expires, or

(ii) if the person is a novice driver, for a period of 90 days commencing immediately; and

(c) serve a notice of suspension on the person.

Temporary driver’s permit

(4) A temporary driver’s permit issued under paragraph (3)(a)

(a) takes effect 24 hours after it is issued;

(b) expires on the earlier of

(i) the seventh day after the day on which the temporary driver’s permit takes effect, or

(ii) the day on which the person’s driver’s licence expires; and

(c) is subject to the same terms and conditions as those to which the driver’s licence of the person named in the temporary driver’s permit is subject.

Cancellation of temporary driver’s permit

(5) If the person referred to in subsection (1) is named in a valid temporary driver’s permit issued under paragraph (3)(a), the peace officer shall

(a) direct the person to surrender his or her temporary driver’s permit;

(b) cancel the person’s temporary driver’s permit;

(c) suspend the person’s driver’s licence for a period of 90 days commencing immediately; and

(d) serve a notice of cancellation and a notice of suspension on the person.

Disqualifica- tion of extra- territorially licenced person

(6) If the person referred to in subsection (1) is named in a valid driver’s licence issued under the laws of an extra-territorial jurisdiction, the peace officer shall

(a) disqualify the person from operating a motor vehicle

(i) for a period of

(A) 24 hours commencing immediately, and

(B) 90 days commencing on the eighth day after the day on which the disqualification is imposed, or

(ii) for a period of 90 days commencing immediately, if the person is, at the time the disqualification is imposed, subject to another disqualification imposed under this subsection, whether or not it has commenced;

(b) disqualify the person from applying for or holding a driver’s licence under this Part for a period of 98 days; and

(c) serve a notice of disqualification on the person.

Return of driver’s licence

(7) A peace officer who is in possession of a driver’s licence issued under the laws of an extra-territorial jurisdiction that has been surrendered under subsection (1) shall, if the person named in the licence is not otherwise prohibited from operating a motor vehicle, on the request of the person made after the period of the disqualification set out in clause (6)(a)(i)(A) is concluded,

(a) return the licence to the person; and

(b) serve on the person a notice that he or she is required to surrender the licence to a peace officer on the commencement of the period of disqualification set out in clause (6)(a)(i)(B).

Surrender of driver’s licence

(8) A person whose driver’s licence is returned under subsection (7) shall surrender the licence to a peace officer on the commencement of the period of disqualification set out in clause (6)(a)(i)(B).

Disqualifica- tion of unlicenced person

(9) If the person referred to in subsection (1) is not named in a valid driver’s licence issued under this Part or under the laws of an extra-territorial jurisdiction, the peace officer shall

(a) disqualify the person from applying for or holding a driver’s licence under this Part for a period of 98 days; and

(b) serve a notice of disqualification on the person.

Requirement to comply

(10) A person shall comply with a direction of a peace officer made under subsection (1) or paragraph (5)(a).

Suspension remains in effect

(11) A suspension imposed under clause (3)(b)(i)(B), subparagraph (3)(b)(ii) or paragraph (5)(c) remains in effect notwithstanding that the period of the suspension has expired, until the person

(a) satisfies any conditions required by the Registrar under subsection 77.1(1); and

(b) pays the prescribed fees.

Continuation or termination of short-term suspension based on evaluation

(12) If an evaluating officer conducts an evaluation of a person under section 320.28 of the Criminal Code, the evaluating officer’s determination as to whether the person’s ability to operate a motor vehicle is, or at the time the person was operating or having the care or control of the motor vehicle, was impaired by a drug or by a combination of a drug and alcohol, governs, and any suspension that had been imposed under section 116.82 arising out of the same circumstances in respect of which the evaluation was conducted is continued or terminated accordingly. SNWT 2018, c.6,Sch.C,s.9; SNWT 2018,c.6,Sch.C, s.19(8).

General

Documents sent to Registrar

116.9.

An officer or a peace officer who suspends a driver’s licence, cancels a temporary driver’s permit or imposes a disqualification on a person under section 116.1, 116.2, 116.4, 116.6, 116.81, 116.82 or 116.84, as the case may be, shall, without delay, send the Registrar

(a) a copy of any notice of suspension, disqualification or cancellation that was served on the person;

(b) a copy of any temporary driver’s permit issued to the person;

(c) a report in the form and containing the information required by the Registrar;

(d) any driver’s licence surrendered to the officer or peace officer where the driver’s licence is suspended for more than 24 hours or the person named in the driver’s licence is subject to a disqualification for more than 24 hours;

(e) any notice served on the person under paragraph 116.6(6)(b); and

(f) a copy of any certificate referred to in section 320.32 of the Criminal Code.

SNWT 2003,c.14,s.16; SNWT 2015,c.28,s.24; SNWT 2018,c.6,Sch.C,s.10; SNWT 2018, c.6,Sch.C,s.19(6).

Report to jurisdiction that issued driver’s licence

116.10.

The Registrar shall, on receiving a report referred to in paragraph 116.9(c) respecting a person who is named in a driver’s licence issued by an extra-territorial jurisdiction who is subject to a disqualification imposed under subparagraph 116.4(5)(b)(ii) or subsection 116.6(5), send to the person in that jurisdiction who performs functions similar to those performed by the Registrar,

(a) a copy of the report; and

(b) the person’s driver’s licence, if the Registrar is in possession of the licence.

SNWT 2003,c.14,s.16; SNWT 2009,c.13,s.4(1).

Validity of suspension, disqualifi- cation or cancellation

116.11.

A suspension, disqualification or cancellation imposed under section 116.1, 116.2, 116.4, 116.6, 116.7, 116.82 or 116.84, as the case may be, is valid notwithstanding that the officer, peace officer or the Registrar, as the case may be, was unable to effect service of a notice of suspension, disqualification or cancellation. SNWT 2003,c.14,s.16; SNWT 2018, c.6,Sch.C,s.11.

Additional proceedings or penalties

116.12.

A suspension, disqualification or cancellation imposed under section 116.1, 116.2, 116.4, 116.6, 116.7, 116.81, 116.82 or 116.84, as the case may be, is in addition to and not in substitution for any proceeding or penalty arising from the same circumstances. SNWT 2003,c.14,s.16; SNWT 2015,c.28,s.25; SNWT 2018, c.6,Sch.C,s.12.

Certificate

116.13.

In a review conducted under section 116.3 or

Right to request review of 30 day

116.5.

or an appeal conducted under section 116.8, a certificate referred to in section 320.32 of the Criminal Code is, in the absence of evidence to the contrary, proof of the facts stated in the certificate and may be admitted without proof of the signature or the official character of the person appearing to have signed the certificate. SNWT 2003,c.14,s.16; SNWT 2018, c.6,Sch.C,s.19(6).

PROHIBITION FROM DRIVING FOR ALCOHOL

SNWT 2018, c.6,Sch.C,s.13(1).

DIVISION 4

AND DRUG RELATED OFFENCES

Definition: "alcohol and drug related

116.14.

(1) In this section, "alcohol and drug related offence" means

(a) an offence under section 320.14 or subsection 320.15(1) of the Criminal Code in respect of operating or having the care or control of a motor vehicle on a highway; or

(b) an offence under the laws of a foreign jurisdiction that is substantially similar to an offence under section 320.14 or subsection 320.15(1) of the Criminal Code in respect of operating or having the care or control of a motor vehicle on a highway.

Prohibition

(2) A person who is convicted of a alcohol and drug related offence is, for the period set out in paragraph (3)(a), (b) or (c) or determined under paragraph (3)(d) or subsection (4), as the case may be, prohibited from operating a motor vehicle on a highway.

Period of prohibition

(3) Except as provided in subsection (4), the prohibition set out in subsection (2) is in effect for

(a) a period of one year, upon a first conviction;

(b) a period of three years, upon a second conviction;

(c) a period of five years, upon a third conviction; or

(d) an indefinite period of not less than five years, determined by the Registrar, upon a fourth or subsequent conviction.

Period where death caused

(4) The prohibition set out in subsection (2) is in effect for an indefinite period of not less than five years determined by the Registrar upon a conviction, if the person committed a alcohol and drug related offence and thereby caused the death of another person.

Exception to Lord Coke’s rule

(5) In determining whether a conviction is a first, second, third, fourth or subsequent conviction, for the purpose of subsection (3), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of alcohol and drug related offences or whether any alcohol and drug related offence occurred before or after any conviction.

Offences in 10-year period

(6) A conviction that occurred 10 years or more before the day on which a person is convicted shall not be included for the purpose of subsection (3).

Additional proceedings or penalties

(7) A prohibition imposed by this section is in addition to and not in substitution for any proceeding or penalty arising from the same circumstances.

Prohibition runs concurrently

(8) A prohibition imposed by this section runs concurrently with any period of prohibition imposed in respect of the offence by a judge or court.

Effect of appeal

(9) A prohibition imposed by this section

(a) remains in effect notwithstanding the filing of an appeal against the conviction in respect of which it was imposed; and

(b) is vacated if the conviction is vacated on the final disposition of the appeal.

Application

(10) This section applies in the same manner as if a person were convicted of a alcohol and drug related offence if the person pleads guilty to or is found guilty of a alcohol and drug related offence and,

(a) an order directing that the person be discharged is made under section 730 of the Criminal Code or under the laws of a foreign jurisdiction that is substantially similar to section 730; or

(b) a youth sentence is imposed under section 42, 51 or 59 or any of sections 94 to 96 of the Youth Criminal Justice Act (Canada) including a confirmation or variation of that sentence or a sentence is imposed under the laws of a foreign jurisdiction that is substantially similar to a youth sentence under any of those provisions including a confirmation or variation of the sentence.

Discharge vacated

(11) If a court vacates a discharge and convicts the person who had been directed to be discharged of a alcohol and drug related offence, only the conviction shall be included for the purpose of subsection (3).

Application

(12) This section ceases to apply to a person upon the person being issued a driver’s licence under the laws of an extra-territorial jurisdiction after the expiry of any period of prohibition imposed in respect of the offence by a judge or court. SNWT 2003,c.14,s.16; SNWT 2009,c.13,s.4(1),28; SNWT 2018,c.6, Sch.C,s.13; SNWT 2018,c.6,Sch.C,s.19(1).

DIVISION 5

OFFENCES RESPECTING

DRIVERS’ LICENCES

Restriction on application

117.

No person who is named on a valid driver’s licence shall apply for a driver’s licence, except for the purpose of

(a) renewing the licence;

(b) obtaining a replacement driver’s licence under section 87; or

(c) reclassifying the licence.

SNWT 2003,c.14,s.17.

Definition: "driver’s licence"

118.

(1) In this section, "driver’s licence" includes a driver’s licence issued under the laws of an extra-territorial jurisdiction, but does not include an international driving permit.

Number of driver’s licences

(2) No person shall hold more than one driver’s licence. SNWT 2009,c.13,s.4(1).

Prohibition from driving

119.

(1) No person shall operate a motor vehicle on a highway during the period of time that

(a) the person is prohibited from operating a motor vehicle by

(i) an order of a judge or court of a Canadian jurisdiction made under the Criminal Code or the Youth Criminal Justice Act (Canada) in respect of an offence under the Criminal Code,

(ii) an order of a judge made under section 89 or the Youth Justice Act in respect of an offence referred to in section 89 of this Act, or

(iii) the Registrar or an adjudicator;

(b) the driver’s licence of the person is suspended; or

(c) the person is disqualified or prohibited from operating a motor vehicle by or under this Act.

Exception

(2) Paragraphs (1)(a) and (c) do not apply to a person who is participating in an alcohol ignition interlock device program established under the regulations and who complies with the conditions of the program. SNWT 2003,c.14,s.18; SNWT 2009, c.13,s.29; SNWT 2022,c.10,s.20.

Prohibition from applying

120.

No person shall apply for a driver’s licence while that person is prohibited from operating a motor vehicle on a highway under section 119.

Prohibition from operating taxi

121.

No person shall operate a taxi during the period of time that the person is prohibited from operating a taxi by an order of a justice made under section 128 of the Liquor Act. SNWT 2003,c.14,s.19; SNWT 2007, c.15,s.141.

Defence

122.

In a prosecution for a violation of section 119, 120 or 121, or for a violation of subsection 66(1) that relates to the suspension or cancellation of the driver’s licence of a person issued under this Part or under the laws of an extra-territorial jurisdiction, the accused has a defence if he or she can prove on a balance of probabilities,

(a) that when operating the motor vehicle the accused had a reasonable belief that his or her driver’s licence was not cancelled, suspended or restricted by conditions, that he or she was not disqualified or prohibited from operating a motor vehicle, or that he or she was not prohibited from operating a taxi as the case may be; or

(b) that before the accused operated the motor vehicle he or she took all reasonable steps to ascertain that his or her driver’s licence was not cancelled, suspended or restricted by conditions, that he or she was not disqualified or prohibited from operating a motor vehicle, or that he or she was not prohibited from operating a taxi as the case may be.

SNWT 2003,c.14,s.19; SNWT 2009,c.13,s.4(1); SNWT 2008,c.7,s.36(5).

Duty of owner

123.

No owner of a motor vehicle shall allow the motor vehicle to be operated on a highway by a person who is not authorized by this Act or the regulations to operate that vehicle on a highway.

Using other person’s licence

124.

(1) No person who has been issued a driver’s licence shall allow another person to use that licence.

Idem

(2) No person shall use a driver’s licence that has been issued in the name of another person.

Fictitious licence

(3) No person, unless authorized by the Minister, shall use a driver’s licence that has been issued in the name of a person who does not exist.

PART III

EQUIPMENT

REQUIREMENT FOR EQUIPMENT

Equipment standards

125.

No person shall operate a vehicle on a highway unless the vehicle is equipped in accordance with this Act and the regulations.

Unsafe vehicle

126.

No person shall operate, on a highway, a vehicle that is in such a condition that the operation of the vehicle is likely to endanger the safety of the driver, a passenger in the vehicle or the public.

Dealer’s requirement

127.

(1) No dealer shall sell a motor vehicle to a person who intends to drive the vehicle on a highway unless the motor vehicle is equipped in accordance with this Act and the regulations.

Written warranty

(2) A dealer shall, at the time of delivery of a motor vehicle to a purchaser who intends to drive the vehicle on a highway, provide the purchaser with a written warranty that states that the motor vehicle and any vehicle safety item in respect of that vehicle comply with this Act and the regulations.

USE OF EQUIPMENT

Headlights or daytime running lights

128.

(1) Subject to subsection (1.1), no person shall operate a motor vehicle on a highway unless the headlights or daytime running lights are in use.

Lights at night or during poor visibility

(1.1) No person shall operate a motor vehicle on a highway during the period from 1/2 hour after sunset to 1/2 hour before sunrise or at any other time when conditions of poor visibility exist, unless the headlights and other prescribed lights are in use.

Dimming of headlights

(2) Every person operating, on a highway, a motor vehicle with the high beam of the headlights in use shall change the headlights to low beam

(a) when his or her motor vehicle is at a distance of not less than 300 m from a vehicle approaching from the opposite direction, and shall keep the headlights on low beam until the other vehicle has passed;

(b) when his or her motor vehicle is at a distance of not less than 60 m behind a vehicle proceeding in the same direction, and shall keep the headlights on low beam while his or her motor vehicle is behind and within 60 m of the other vehicle; and

(c) on being overtaken by a vehicle proceeding in the same direction, and shall keep the headlights on low beam until the other vehicle has proceeded a distance of not less than 60 m ahead of his or her motor vehicle.

Stopped motor vehicle

(3) Where a motor vehicle is stopped on a highway and the headlights are in use, the driver of the vehicle shall maintain the headlights on low beam. SNWT 1996,c.15,s.2.

Spotlight

129.

(1) No person shall activate a spotlight attached to a vehicle when the vehicle is in motion, unless the beam of light from the spotlight

(a) is directed to the extreme right of the roadway; and

(b) strikes the roadway within 25 m of the vehicle.

Exemption

(2) Subsection (1) does not apply to a person who activates a spotlight attached to an enforcement or emergency vehicle.

Flares

130.

(1) No person shall operate, on a highway, a vehicle of or more than the prescribed weight unless the vehicle is equipped with two flares, lights, lanterns or reflective devices of a kind described in subsection (2).

Use of flares

(2) Where a vehicle of or more than the prescribed weight is parked on a highway outside of a municipality or unincorporated community during the period from 1/2 hour after sunset to 1/2 hour before sunrise or at any other time when conditions of poor visibility exist, the driver of the motor vehicle shall place and maintain on the highway in the manner described in subsection (3)

(a) two lighted flares, lights or lanterns; or

(b) two reflective devices, each of which

(i) has a diameter of not less than 65 mm, and

(ii) casts a red reflection that is clearly visible from a distance of 150 m.

Position of flares

(3) One of the flares, lights, lanterns or reflecting devices mentioned in subsection (1) must be placed at a distance of at least 60 m in front of the vehicle, and the other must be placed at least 60 m to the rear of the vehicle and, where reflecting devices are so placed, each of them must be placed so as to be illuminated by the lights of an approaching vehicle. SNWT 2011, c.8,s.18(2).

Definition: "flashing light"

131.

In sections 132 to 135, "flashing light" means a light that is designed to flash intermittently or revolve, but does not include a turn signal light or four-way emergency flashing lights.

Flashing lights prohibited

132.

(1) No vehicle that is operated on a highway shall be equipped with a flashing light unless authorized by this section.

Enforcement vehicle

(2) An enforcement vehicle may be equipped with one or more red flashing lights or a combination of red and blue flashing lights.

Emergency vehicle

(3) An emergency vehicle may be equipped with one or more red flashing lights.

School bus or road maintenance vehicle

(4) A school bus or motor vehicle used for road maintenance may be equipped with red and amber flashing lights.

Tow truck or other vehicle

(5) A motor vehicle operated on a highway must be equipped with one or more amber flashing lights if the vehicle is

(a) a tow truck;

(b) a motor vehicle that services a public utility;

(c) a construction vehicle; or

(d) a prescribed vehicle or class of vehicles.

SNWT 2014,c.4,s.26.

Authority to activate flashing lights

133.

No person shall activate the flashing lights of a motor vehicle unless the person is authorized by the proper authority to activate the flashing lights.

School bus

134.

A person who operates, on a highway, a school bus that is equipped with red flashing lights shall activate the red flashing lights on the bus when

(a) the bus is slowing down to stop, and

(b) the bus is stopped,

for the purposes of receiving or discharging passengers.

Tow truck

135.

(1) A person who operates a tow truck on a highway shall activate the amber flashing lights on the truck when the truck is towing a vehicle.

Public utility service and other vehicles

(2) A person who operates a motor vehicle that services a public utility, a motor vehicle used for road maintenance or a motor vehicle used to plough snow shall activate the amber flashing lights on the vehicle when the vehicle is being used for such purposes.

Construction vehicles

(3) No person shall operate a construction vehicle on a highway unless the amber flashing lights on the vehicle are activated.

Restriction on use of flashing lights

(4) No person shall activate the amber flashing lights on the vehicles described in subsections (1) and (2) except when authorized under those subsections.

Siren

136.

(1) No person shall operate, on a highway, a vehicle, other than an enforcement or an emergency vehicle, that is equipped with a siren or a device that produces a sound that resembles the sound produced by a siren.

Use of siren

(2) No person shall activate a siren of an enforcement or emergency vehicle unless the person is authorized by the proper authority to operate the siren.

Requirement for horn

137.

(1) A motor vehicle that is operated on a highway must be equipped with a horn or bell of the prescribed standard.

Use of horn

(2) A person who operates a motor vehicle on a highway shall sound the horn or bell attached to the vehicle whenever it is reasonably necessary to warn persons using the highway of the approach of the vehicle.

Noise from horn

138.

(1) No person who operates a motor vehicle on a highway shall sound the horn or bell attached to the vehicle so as to make an unreasonable noise.

Noise from exhaust or braking system

(2) No person shall operate a motor vehicle on a highway in any manner that causes a loud or unnecessary noise from the exhaust or braking system of the vehicle or from the contact of the tires of the vehicle with the highway.

Exemption

(3) This section does not apply to a person who is operating an enforcement or emergency vehicle.

Exhaust or smoke

139.

No person shall operate on a highway a motor vehicle that produces an unreasonable amount of exhaust or smoke.

Repair of odometer

140.

(1) Where a motor vehicle is equipped with an odometer, no person shall alter the reading on the odometer except where the alteration is a necessary consequence to a repair of the odometer.

Owner to be informed

(2) A person who is not the owner of a motor vehicle and who

(a) repairs the odometer of the motor vehicle shall inform the owner in writing of the reading on the odometer before and after its repair; or

(b) replaces the odometer of the motor vehicle shall inform the owner in writing that the odometer has been replaced and the reading on the odometer that was replaced.

Duty of seller

(3) A dealer or other person selling a motor vehicle who knows that

(a) the reading on the odometer of the motor vehicle has been altered or is not accurate, or

(b) the odometer of the motor vehicle is not its original odometer,

shall inform a person who intends to purchase the vehicle of this fact.

Written notice

(4) A dealer shall inform a person who intends to purchase a vehicle of the facts referred to in paragraph (3)(a) or (b) in writing.

Obstruction of view by windshield stickers

141.

No person shall operate, on a highway, any motor vehicle with a sticker, sign, poster or other non- transparent material placed over, or affixed to the windshield or a side or a rear window that unduly obstructs his or her view of the highway or an intersecting highway.

Obstruction of view by snow

142.

No person shall operate, on a highway, a motor vehicle with the windshield or a side or a rear window of the vehicle that is

(a) covered with snow, ice or condensation, or

(b) cracked or in any other condition,

that unduly obstructs his or her view of the highway or an intersecting highway.

Obstruction of view by equipment

143.

No person shall operate, on a highway, a vehicle that carries any equipment, fixture or load in a manner or position that unduly obstructs his or her view of the highway or an intersecting highway.

Lights and reflective devices

143.1.

No person shall operate, on a highway, a vehicle with any light or reflective device that is obscured, cracked or in any other condition that unduly diminishes the effectiveness of the light or reflective device. SNWT 2009,c.13,s.30.

Radar detection devices

144.

(1) No person shall equip a motor vehicle with a device that is designed to detect or interfere with

(a) radar signals; or

(b) equipment used for measuring the speed of vehicles.

Prohibition against buying device

(2) No person shall buy, sell, possess or manufacture a device that is designed to detect or interfere with

(a) radar signals; or

(b) equipment used for measuring the speed of vehicles.

145.

Repealed, SNWT 2011,c.26,s.8.1.

Seat belt assembly

146.

(1) No person shall operate, on a highway, a motor vehicle in which a seat belt assembly was required under the Motor Vehicle Safety Act (Canada) when it was manufactured, assembled or imported into Canada if the seat belt assembly has been removed or has become wholly or partly inoperative.

Driver’s seat belt

(2) The driver of a motor vehicle shall, while the motor vehicle is operated on a highway, wear a complete seat belt assembly in a properly adjusted and securely fastened manner.

Passenger’s seat belt or restraint

(3) A passenger in a motor vehicle who is over 15 years of age shall, while the vehicle is operated on a highway, wear a complete seat belt assembly in a properly adjusted and securely fastened manner.

Prohibition

(4) No person shall operate a motor vehicle on a highway in which there is a passenger who is

(a) under the age of 15 years, unless the passenger is wearing a complete seat belt assembly in a properly adjusted and securely fastened manner; or

(b) of the prescribed size or weight, unless that passenger is properly secured in a prescribed child restraint system.

Application

(5) Subsections (2) to (4) do not apply if the person who is required to wear a seat belt or to be secured in a child restraint system is occupying a designated seating position for which a seat belt assembly was not required under the Motor Vehicle Safety Act (Canada) when the motor vehicle was manufactured, assembled or imported into Canada.

Exemption

(6) This section or a provision of this section does not apply to a class of motor vehicles or a class of drivers or passengers in motor vehicles that are prescribed to be exempt from the operation of this section or the provision of this section. SNWT 2000,c.5,s.2; SNWT 2001,c.13,s.3; SNWT 2014,c.4,s.27.

(7) Repealed, SNWT 2001,c.13,s.3.

Interfering with motor vehicle

147.

No person shall use, interfere or tamper with a vehicle, or an accessory or thing placed in, on or attached to a vehicle without the consent of the owner.

Serial number

148.

(1) No person shall remove, obliterate or deface the manufacturer’s serial number on a motor vehicle or a part or accessory of a motor vehicle.

Sale where serial number removed

(2) No person shall, without the permission of the Registrar, sell, offer or expose for sale a motor vehicle or a part or accessory of a motor vehicle where the manufacturer’s serial number has been removed, obliterated or defaced or is not clearly visible.

Exemption

(3) Subsection (2) does not apply to the sale of used tires.

PART IV

RULES OF THE ROAD

APPLICATION

Definitions

148.1.

In this Part,

"construction zone" means an area of a highway where construction or maintenance of the highway is being undertaken and where there are traffic control devices placed or erected to warn of the construction or maintenance or to guide pedestrians or traffic; (zone de construction)

"school zone" means an area of a highway where children are likely to be present and where there are traffic control devices placed or erected to warn of the presence of children or to guide traffic. (zone scolaire) SNWT 2015,c.28,s.26.

Application

149.

Unless the context otherwise requires, this Part applies to pedestrians and to vehicles on a highway.

Exemption for motor vehicles engaged in construction

150.

(1) Subject to subsections (2) and (3) and unless the context otherwise requires, a person operating a motor vehicle that is engaged in the construction or maintenance of a highway while at the site of the work, may contravene a provision of this Part if it is impracticable for the person to comply with this Part.

Duty of operators

(2) A person who contravenes a provision of this Part under subsection (1) shall operate the motor vehicle with due regard for the safety of persons using the highway.

Directions of officer

(3) A person operating a motor vehicle that is engaged in the construction or maintenance of a highway shall obey the directions of an officer respecting the operation of the motor vehicle on the highway.

Rights of animal riders

151.

A person riding an animal or driving an animal-drawn vehicle has the rights and is subject to the duties of a driver under this Part.

Traffic control devices

152.

Any reference in this Part to a sign, signal, light, line or marking is a reference to a sign, signal, light, line or marking that is a traffic control device.

DIRECTION BY

OFFICER

Direction by officer

153.

(1) Notwithstanding any provision of this Part, an officer may give a pedestrian or a driver a direction, the compliance of which is a contravention of a provision of this Part or a bylaw made under Part XII, if the officer believes that the direction is necessary

(a) to ensure the orderly movement of traffic or to prevent injury or damage to persons or property; or

(b) because of an emergency.

Protection for drivers and pedestrians

(2) A driver or a pedestrian who receives a direction referred to in subsection (1) shall obey the direction and the driver or pedestrian complying with the direction does not commit an offence with respect to any provision of this Part. SNWT 2009, c.13,s.3(1).

GENERAL RULES

Careless driving

154.

(1) No driver shall operate a vehicle on a highway without due care and attention.

Consideration for others

(2) No driver shall operate a vehicle without reasonable consideration for others using the highway.

Requirement for safety

155.

No driver shall turn, start, stop, move or otherwise operate his or her vehicle on a highway unless the operation of the vehicle can be made safely and without unduly interfering with traffic on the highway.

Definitions

155.1.

(1) In this section,

"restricted electronic device" means

(a) a portable electronic device including a cellular telephone, device for sending and receiving data, device for playing audio or video recordings, and handheld global positioning system receiver, or

(b) any other prescribed device or class of devices; (dispositif électronique réglementé)

"use" includes operating, holding or touching. (utiliser)

Prohibition

(2) No driver shall use a restricted electronic device.

When use permitted

(3) Notwithstanding subsection (2), a driver may use a restricted electronic device if

(a) it is designed as a hands-free device and used in a hands-free manner; or

(b) he or she is a user or member of a class of users permitted to use a restricted electronic device in accordance with the regulations.

Exempt persons

(4) This section does not apply to any of the following:

(a) an officer, member of a fire department or emergency responder, while carrying out his or her duties under any enactment;

(b) a person referred to in section 150;

(c) any other person or class of persons exempted under the regulations.

Prohibited devices

(5) Subsection (3) does not apply in respect of a restricted electronic device that is prescribed as a prohibited restricted electronic device. SNWT 2011, c.26,s.9; SNWT 2015,c.28,s.27.

Use of restricted electronic device

155.2.

(1) If a driver uses a restricted electronic device in contravention of subsection 155.1(2) while on a highway that is not in a construction zone or school zone, he or she commits an offence.

Construction or school zone

(2) If a driver uses a restricted electronic device in contravention of subsection 155.1(2) while on a highway that is in a construction or school zone, he or she commits an offence. SNWT 2015,c.28,s.28.

Duty to obey traffic control device

156.

(1) Notwithstanding any other provision of this Act or the regulations, every driver and pedestrian shall obey the command that is set out in words or by signals or symbols on a traffic control device that applies to the driver or pedestrian, unless the driver or pedestrian is otherwise directed by an officer under subsection 153(1).

Signals and symbols

(2) A signal or symbol used on a traffic control device gives the command that is set out in this Act or the regulations for that signal or symbol. SNWT 2014,c.4,s.28.

TRAFFIC LIGHTS

Driver at green light

157.

A driver facing a green light as shown at an intersection by a traffic light may proceed across the intersection or turn left or right at the intersection.

Pedestrian at green light

158.

A pedestrian facing a green light as shown at an intersection by a traffic light may cross the roadway within a crosswalk.

Driver at yellow or amber light

159.

A driver facing a yellow or amber light as shown at an intersection by a traffic light shall stop his or her vehicle before it enters the intersection, unless a stop cannot be made in safety.

Pedestrian at yellow or amber light

160.

(1) A pedestrian facing a yellow or amber light as shown at an intersection by a traffic light shall not enter the roadway.

Crossing on yellow or amber light

(2) Where a pedestrian is crossing a roadway at an intersection under section 158 and the yellow or amber light of the traffic light facing the pedestrian comes on, the pedestrian shall proceed across the roadway.

Driver at red light

161.

(1) A driver facing a red light as shown at an intersection by a traffic light shall stop his or her vehicle before it enters the intersection.

Turning

(2) A driver facing a red light referred to in subsection (1) may, after bringing the vehicle to a stop and if it is safe to do so, proceed through the intersection

(a) to turn the vehicle to the right; or

(b) to turn the vehicle to the left from a one-way street onto a one-way street.

Must wait for light to change

(3) A driver facing a red light referred to in subsection (1) shall not proceed through the intersection unless

(a) the light changes to a green light;

(b) the intersection is clear of any other vehicles; and

(c) it is safe to proceed through the intersection. SNWT 2015,c.28,s.29.

Pedestrian at red light

162.

A pedestrian facing a red light as shown at an intersection by a traffic light shall not enter the roadway.

Driver at red flashing light

163.

(1) A driver facing a red flashing light as shown at an intersection by a traffic light shall stop his or her vehicle before it enters the intersection.

Proceeding through intersection

(2) Where a driver has stopped his or her vehicle pursuant to subsection (1), the driver shall yield the right of way to traffic in accordance with this Act and only proceed through the intersection when it is safe to do so.

Driver at yellow or amber flashing light

164.

A driver facing a yellow or amber flashing light as shown at an intersection by a traffic light shall comply with section 208.

Pedestrian at red, yellow or amber flashing light

165.

A pedestrian facing a red, yellow or amber flashing light as shown at an intersection by a traffic light shall stop before crossing the roadway and only proceed across the roadway at a cross walk when it is safe to do so.

Inoperative traffic lights

166.

Where traffic lights at an intersection are not in operation, a driver approaching the intersection shall stop his or her vehicle before it enters the intersection and yield the right of way in accordance with section 204.

Pedestrian facing "walk" signal

167.

Notwithstanding section 160 or 162, a pedestrian facing the word "walk" or an outline of a walking person as shown at an intersection by a traffic light may cross the roadway within a crosswalk.

Pedestrian facing "wait" signal

168.

(1) Notwithstanding section 158, a pedestrian facing the word "wait", the words "don’t walk" or an outline of a raised hand as shown at an intersection by a traffic light shall not enter the roadway.

Crossing on "wait" signal

(2) Where a pedestrian is crossing a roadway at an intersection under section 167 and the word "wait", the words "don’t walk" or an outline of a raised hand as shown by the traffic light comes on, the pedestrian shall proceed across the roadway.

RESTRICTIONS ON SPEED

Definition: "maximum speed"

169.

(1) In this section, "maximum speed" means the maximum speed described under subsection (2).

Maximum speed

(2) Subject to sections 171 and 172, the maximum speed that a vehicle may be operated is,

(a) within a municipality or unincorporated community,

(i) the maximum speed limit set out by a traffic control device, or

(ii) 50 km/h if there is no maximum speed limit set out by a traffic control device; and

(b) outside a municipality or unincorporated community,

(i) the maximum speed limit set out by a traffic control device, or

(ii) 90 km/h if there is no maximum speed limit set out by a traffic control device.

Excess speed

(3) If a driver operates a motor vehicle in contravention of subsection (2) while on a highway that is not in a construction zone or school zone, he or she commits an offence for each increment of 1 km/h his or her maximum speed exceeds the maximum speed limit.

Construction or school zone

(4) If a driver operates a motor vehicle in contravention of subsection (2) while on a highway that is in a construction zone or school zone, he or she commits an offence for each increment of 1 km/h his or her maximum speed exceeds the maximum speed limit. SNWT 2011,c.8,s.18(3); SNWT 2014, c.4,s.29; SNWT 2015,c.28,s.30.

Speed limit signs

170.

Where a traffic control device sets out a maximum speed limit, the speed limit applies to that part of the highway between the traffic control device and the point where another traffic control device indicates a greater or lesser speed or that the speed limit has ceased to apply.

Unreasonable speed

171.

No driver shall drive at a speed that is unreasonable having regard to all the circumstances including, without restricting the generality of the foregoing,

(a) the condition of the highway;

(b) the class of vehicle being driven;

(c) the classes of vehicles that are permitted to use the highway;

(d) the weather or other conditions that might affect the visibility of the driver;

(e) the amount of traffic on the highway; and

(f) the mechanical condition of any vehicle safety item in respect of the vehicle being driven. SNWT 2014,c.4,s.30.

Unreasonably slow vehicles

172.

(1) No driver shall operate a vehicle at such a slow speed that the vehicle unreasonably impedes the movement of other vehicles travelling in the same direction.

Exemption

(2) Subsection (1) does not apply to a driver operating a vehicle at a slow speed if the slow speed is required

(a) for the safe operation of the vehicle, or

(b) to comply with this Act or the regulations,

and a prescribed slow-moving vehicle sign is attached to the back of the vehicle.

Powers of officer

173.

Where a driver contravenes subsection 172(1), an officer may direct the driver

(a) to increase the speed of his or her vehicle so that the vehicle no longer impedes the movement of other vehicles, or

(b) to remove the vehicle from the highway,

and the driver shall comply with the direction.

DRIVING ON LEFT-HAND AND

RIGHT-HAND SIDE OF ROADWAY

Driving on left-hand side of roadway

174.

No driver shall drive his or her vehicle to the left of the centre line of a roadway except

(a) when overtaking and passing another vehicle proceeding in the same direction;

(b) when the roadway to the right of the centre line of the roadway is obstructed by a parked vehicle or other object or is closed to traffic; or

(c) when making a left turn at an intersection or onto a private roadway or driveway.

Driving on right-hand side of roadway

175.

A driver on a two-way roadway shall keep his or her vehicle to the right of the centre line of the roadway when approaching and passing a vehicle proceeding in the opposite direction.

Narrow roadways

176.

A driver on a two-way roadway that has a width for only one lane of traffic shall keep his or her vehicle on the right one-half side of the roadway when approaching and passing a vehicle proceeding in the opposite direction.

Median

177.

No driver shall drive across the median of a highway.

Changing lanes

178.

No driver shall drive from one lane to another without first signalling his or her intention to do so.

Lines marked on roadway

179.

A driver driving on a roadway that is divided into lanes by lines,

(a) where one or more broken lines separate lanes, may, with caution, cross and recross from one lane to another;

(b) where a solid line and a broken line are together and the broken line is on the right-hand side of the solid line, may, with caution, cross and recross from one lane to another; and

(c) where there is a solid line or where there is a broken and solid line together and the solid line is on the right-hand side of the broken line, shall not cross the solid line except to make a left-hand turn, or to enter a roadway.

Driving in centre lane

180.

No driver shall drive his or her motor vehicle in the centre lane of a two-way roadway that is divided into three lanes that are not marked by lines unless

(a) the centre lane is clear of traffic

(i) when passing another vehicle proceeding in the same direction, or

(ii) when approaching an intersection where he or she intends to turn to the left; or

(b) the centre lane is designated for vehicles moving in the direction of travel of his or her vehicle.

PASSING

Passing on left

181.

The driver of a vehicle overtaking a vehicle that is proceeding in the same direction may, in overtaking and passing, use the lane to the left of the vehicle that is being passed.

Driving on left-hand side of roadway

182.

No driver shall drive on the left side of the centre line of a roadway to overtake and pass a vehicle proceeding in the same direction, unless the roadway to the left of the centre line is clearly visible and is free of oncoming traffic and obstructions for a sufficient distance to permit the overtaking and passing to be completed without interfering with the safe operation of another vehicle.

Restrictions

183.

No driver shall drive on the left side of the centre line of a roadway to overtake and pass a vehicle proceeding in the same direction

(a) within 30 m of or while crossing an intersection, crosswalk or level railway crossing; or

(b) within 30 m of or while on or in a bridge or tunnel.

Vehicle turning left

184.

No driver shall drive on the left side of the centre line of a roadway to overtake and pass a vehicle proceeding in the same direction where the vehicle being overtaken is making a left turn or its driver is signalling an intention to make a left turn.

Passing on right

185.

No driver shall overtake and pass a vehicle proceeding in the same direction on the right of that vehicle, unless

(a) the vehicle being overtaken is making a left turn or its driver is signalling an intention to make a left turn; or

(b) there is an unobstructed lane to the right of the vehicle being overtaken for traffic moving in the direction of the vehicle being overtaken.

Speed limit when passing

186.

No driver shall exceed the maximum speed limit for the highway when passing a vehicle.

Staying on roadway

187.

No driver shall drive off a roadway when passing a vehicle.

Vehicle being passed

188.

A driver, when being overtaken by a vehicle proceeding in the same direction, shall allow that vehicle to pass.

Where passing on right prohibited

189.

A driver who is being overtaken in a place where passing on the right is not permitted shall

(a) as far as is practicable, move his or her vehicle to the right-hand curb or edge of the roadway to allow the overtaking vehicle sufficient room to pass; and

(b) not increase the speed of his or her vehicle until the overtaking vehicle has passed.

Overtaking vehicle

190.

A driver overtaking a vehicle proceeding in the same direction shall

(a) not pass the vehicle being overtaken without first signalling his or her intention to pull into another lane;

(b) enter another lane to pass the vehicle at a safe distance from the vehicle; and

(c) not return to the lane occupied by the driver before passing the vehicle unless the driver signals an intention to return to that lane and it is safe to return to that lane.

Slow vehicles

191.

A driver whose vehicle is proceeding slower than other vehicles proceeding in the same direction shall drive,

(a) where there is more than one lane for vehicles proceeding in the driver’s direction, in the lane closest to the right- hand curb or edge of the roadway, or

(b) where there is one lane for motor vehicles proceeding in the driver’s direction, as close as is practicable to the right-hand curb or edge of the roadway,

except when

(c) overtaking and passing another vehicle proceeding in the same direction, or

(d) preparing for a left-hand turn.

Following too closely

192.

(1) No driver shall drive behind a vehicle more closely than is reasonable in the circumstances.

Motorcades

(2) A driver on a highway outside of a municipality or unincorporated community travelling in a motorcade, other than a funeral procession, shall leave sufficient space between his or her vehicle and the vehicle in front of him or her to enable a vehicle to enter and occupy that space without danger. SNWT 2011,c.8,s.18(3).

BACKING UP

Restriction on backing up

193.

No person shall cause a vehicle to move backwards on or onto a highway unless the movement can be made in safety.

Backing across roadway

194.

No person shall cause a vehicle to move backwards across the centre line of a roadway unless a person outside of the vehicle directs the person in control of the vehicle and ensures that the movement can be made in safety.

TURNS

Right turns

195.

(1) A driver who intends to turn right at an intersection or onto a private road or driveway shall make the turn as closely as is practicable to the right- hand curb or edge of the roadway.

Entering roadway

(2) A driver who turns right at an intersection shall make the turn by passing as closely as is practicable to the right-hand curb or edge of the roadway being entered.

Left turns

196.

A driver who intends to turn left at an intersection shall

(a) approach the intersection in the extreme left-hand lane that is lawfully available to traffic proceeding in the same direction as the driver; and

(b) after entering the intersection, make the left turn so as to leave the intersection, as nearly as possible, in the extreme left- hand lane that is lawfully available to traffic proceeding in the same direction as the driver on the roadway being entered.

Left turns onto private road or driveway

197.

(1) A driver who intends to turn left from a two- way roadway onto a private road or driveway shall make the turn from the right of, and as closely as is practicable to, the centre line of the roadway.

Idem

(2) A driver who intends to turn left from a one- way roadway onto a private road or driveway shall make the turn from the lane closest to the left-hand curb or edge of the roadway.

Distance for signal

198.

(1) Subject to subsection (2), a driver who intends to make a turn shall signal an intention to turn

(a) at least 30 m before the place of the turn if the driver is on a highway within a municipality or unincorporated community; and

(b) at least 150 m before the place of the turn if the driver is on a highway outside a municipality or unincorporated community.

Intersection with minimum distance

(2) Where there is an intersection between the distance referred to in subsection (1) and the intersection at which the driver intends to turn, the driver shall not signal the turn until the driver passes the intersection that lies between. SNWT 2011,c.8, s.18(3).

U-turns

199.

(1) Subject to subsection (2), a driver may turn a vehicle so as to proceed in the opposite direction if that movement can be made without interfering with traffic.

Restrictions on making U-turns

(2) No driver shall turn his or her vehicle so as to proceed in the opposite direction if he or she is driving

(a) on a curve;

(b) on an approach to or near the crest of a hill where the vehicle cannot be seen by a person operating a vehicle approaching from either direction within 150 m; or

(c) on a railway crossing or within 30 m of a railway crossing.

SIGNALS

Left turn

200.

A driver who is required to give a left turn signal for a left turn or other movement of his or her vehicle to the left shall make the signal by

(a) extending his or her left hand and arm horizontally from the vehicle; or

(b) activating the flashing turn signal lights on the left-hand side of the vehicle.

Right turn

201.

A driver who is required to give a right turn signal for a right turn or other movement of his or her vehicle to the right shall make the signal by

(a) extending his or her left arm from the shoulder to the elbow horizontally and from the elbow to the hand vertically upwards from the vehicle; or

(b) activating the flashing turn signal lights on the right-hand side of the vehicle.

Stopping

202.

A driver who is required to give a signal to indicate a stop or decrease in speed of his or her vehicle shall make the signal by

(a) extending his or her left arm diagonally downwards from the vehicle; or

(b) activating the brake lights on the vehicle.

Location of driver

203.

A driver who gives a signal by hand shall give the signal from the left-hand side of the vehicle.

RIGHT OF WAY

Definition: "intersection"

204.

(1) In this section, "intersection" means an intersection that

(a) is not controlled by a traffic control device;

(b) is controlled by a traffic control device, but the device is not in operation; or

(c) is controlled at every corner by a stop sign or red flashing light.

Traffic within intersection

(2) A driver approaching an intersection shall yield the right of way to traffic within the intersection.

First to intersection

(3) A driver reaching an intersection before another driver has the right of way over the other driver.

Arriving at the same time

(4) Where two drivers arrive at an intersection on different roadways at the same time, the driver on the left shall yield the right of way to the driver on the right.

Left turns

205.

(1) A driver who intends to turn left at an intersection

(a) facing a green light as shown by a traffic light, or

(b) from a through highway onto a highway that is not a through highway,

shall yield the right of way to traffic approaching from the opposite direction that is within the intersection or so close to the driver that it is not safe for the driver to turn left.

Idem

(2) A driver who intends to turn left at an intersection and faces a driver who intends to turn right shall yield the right of way to the driver turning right.

Idem

(3) A driver who intends to turn left onto a private road or driveway shall yield the right of way to traffic approaching from the opposite direction that is so close to the driver that it is not safe for the driver to turn left.

Idem

(4) A driver who has yielded the right of way as required by subsections (1) to (3) may proceed to turn left with caution and vehicles approaching the intersection from the opposite direction shall yield the right of way to the driver.

Stop sign at through highway

206.

(1) A driver who is about to proceed across or turn onto a through highway facing a traffic control device that requires the driver to stop shall yield the right of way to

(a) traffic within the intersection; and

(b) traffic proceeding on the through highway that is so close to the driver that it is not safe for the driver to proceed across or turn onto the through highway.

Proceed with caution

(2) A driver who has yielded the right of way as required by subsection (1) may proceed across or turn onto the through highway with caution and vehicles approaching the intersection on the through highway shall yield the right of way to the driver.

Right turns

207.

(1) A driver who intends to turn right at an intersection facing a red light as shown by a traffic light shall yield the right of way to traffic within the intersection and to traffic approaching the intersection on the roadway that the driver intends to turn onto that is so close to the driver that it is not safe for the driver to turn right.

Idem

(2) A driver who has yielded the right of way as required by subsection (1) may proceed to turn right with caution and vehicles approaching on the highway that the driver is entering shall yield the right of way to the driver.

Yield signs

208.

(1) A driver approaching a yield sign or flashing yellow or amber light at an intersection shall

(a) slow his or her vehicle to a speed that would enable the driver to stop his or her vehicle before it enters the intersection;

(b) yield the right of way to traffic within the intersection or proceeding on the intersecting highway that is so close to the driver that it is not safe for the driver to enter the intersection; and

(c) stop the vehicle before it enters the intersection if it is not safe to proceed into the intersection.

When to proceed

(2) Section 206 applies to a driver that has stopped his or her vehicle as required by subsec-tion (1).

Entering highway

209.

A driver who is about to enter or cross a highway from a private road, alley, building, driveway or lane shall yield the right of way to pedestrians and traffic proceeding on the highway that are so close to the driver that it is not safe for the driver to enter the highway.

STOPS

Signal to slow down or stop

210.

Where there is an opportunity to give a signal, no driver shall stop or suddenly decrease the speed of his or her vehicle without first giving the signal for a stop or a decrease in speed.

Stopping at intersections

211.

A driver that is required to stop his or her vehicle before it enters an intersection shall stop the vehicle before it enters an intersection

(a) at a stop line marked at the intersection;

(b) if there is no stop line, then immediately before entering a marked crosswalk; or

(c) if there is no stop line or marked crosswalk, then at the point nearest the intersection from which the driver has a view of traffic approaching on the intersecting roadway.

Stop sign at intersections

212.

A driver approaching a stop sign at an intersection shall stop his or her vehicle before it enters the intersection.

School bus at railway crossing

213.

A driver of a school bus carrying students shall, on approaching a railway crossing,

(a) stop the bus not less than 5 m from the nearest rail of the crossing; and

(b) listen and look in both directions of the crossing for an approaching train.

RSNWT 1988,c.106(Supp.),s.14.

When to proceed

214.

A driver who has brought his or her school bus to a stop under section 213 shall

(a) not proceed across the railway crossing until it is safe to do so;

(b) enter the railway crossing in a gear that will enable the bus to cross the tracks without having to shift gears; and

(c) not shift gears while crossing the railway crossing.

Railway crossings

215.

(1) Where a driver approaches a railway crossing and

(a) a warning device or flag operator indicates that a train is approaching, or

(b) a train that is approaching is visible or is emitting an audible signal and it is not possible to cross the railway crossing in safety,

the driver shall stop his or her vehicle not less than 5 m from the nearest rail of the railway.

When to proceed

(2) Subject to subsection (3), a driver who has brought his or her vehicle to a stop under subsection (1) shall not proceed across the railway crossing until it is safe to do so.

Gates and barriers

(3) No driver shall drive through, around or under a crossing gate or barrier at a railway crossing when the gate or barrier is closed or is being opened or closed.

Stop sign at railway crossing

216.

Where a stop sign has been erected at a railway crossing, a driver shall stop his or her vehicle not less than 5 m from the nearest rail of the railway and shall not proceed until it is safe to do so.

School bus with flashing

217.

A driver, on meeting a school bus that

(a) is headed in the same or opposite direction as the driver, and

(b) has its flashing lights in use,

shall

(c) stop his or her vehicle before it reaches the bus, and

(d) not proceed until the flashing lights are no longer in use.

PARKING

Parking off roadway

218.

(1) No driver shall park his or her vehicle on a roadway where it is practicable to park the vehicle off a roadway, unless there is a traffic control device authorizing the parking of vehicles on that roadway.

Obstructing passage of vehicles

(2) No driver shall park his or her vehicle on a roadway so as to obstruct the passage of vehicles on the roadway.

Exemption

(3) Subsections (1) and (2) do not apply to a driver where his or her vehicle

(a) is disabled and cannot be driven to a place on the roadway that does not obstruct the passage of vehicles on the roadway; and

(b) has been left on the roadway for less than 24 hours.

Warning lights

(4) A driver who has parked his or her vehicle on a roadway under the authority of subsection (3) shall, during the period from 1/2 hour after sunset to 1/2 hour before sunrise or at any other time when conditions of poor visibility exist,

(a) if the vehicle is of or more than the prescribed weight, place flares, lights, lanterns or reflective devices on the highway in the manner described in subsection 130(3); or

(b) if the vehicle is less than the prescribed weight,

(i) place a light that shows white or green to the front and red to the rear to the left side of the motor vehicle so that the light is visible to the front and back of the vehicle from a distance of 60 m, or

(ii) if the vehicle is equipped with emergency four-way flashers, activate the flashers.

Parking within unincorporated community or municipality

219.

No person shall, within an unincorporated community or, unless otherwise provided by bylaw made under Part XII, within a municipality, park a vehicle on a highway

(a) in front of a public or private driveway;

(b) within an intersection;

(c) on a sidewalk;

(d) within 3 m of a fire hydrant;

(d.1) in a position that interferes with the fighting of a fire;

(e) within a crosswalk or within 6 m of a crosswalk;

(f) within 5 m in front of a stop or yield sign or traffic light located at the side of the roadway;

(g) within 15 m of the nearest rail of a railway crossing;

(h) within 6 m of a driveway to a fire station on the side of a street on which the fire station is located;

(i) adjacent to or opposite a street excavation or obstruction, where parking obstructs the flow of traffic;

(j) on the highway side of a vehicle parked at the curb or edge of a roadway;

(k) on a bridge or other elevated structure; or

(l) in front of a ramp designed for use by a physically disabled person.

SNWT 2009,c.13,s.3(1); SNWT 2011,c.8,s.18(4); SNWT 2015,c.28,s.31.

Manner of parking

220.

A person shall park a vehicle

(a) on a two-way roadway, on the right-hand side of the roadway, and

(b) on a one-way roadway, on the right-hand or left-hand side of the roadway,

within 30 cm of the curb or edge of the roadway.

Brakes on unattended vehicle

221.

No driver shall leave a vehicle on a highway that is unattended without first taking the action that may be reasonably necessary in the circumstances to prevent the vehicle from moving or being set in motion while the vehicle is unattended.

Moving parked vehicle

222.

No driver shall move a vehicle that is parked unless the driver makes the appropriate right or left turn signal.

Leaving motor vehicle with engine running

223.

(1) No driver shall leave his or her motor vehicle with its engine running unless

(a) all the doors of the motor vehicle are locked;

(b) the motor vehicle is being used to collect garbage, deliver fuel or water, pump sewage or to perform some other public service; or

(c) the motor vehicle is being loaded or unloaded.

Exemption

(2) Subsection (1) does not apply to a driver of a motor vehicle who

(a) leaves a person who is 16 years of age or older in attendance of the motor vehicle; or

(b) is assisting a person to or from the motor vehicle.

MISCELLANEOUS RULES

Abandoned vehicle

224.

(1) For the purposes of this section and without restricting the meaning of "abandoned", a person abandons a vehicle if

(a) he or she parks the vehicle for more than 72 hours; and

(b) there is

(i) no note or other indication on the vehicle that the owner or operator will return within a specified period of time, or

(ii) a note or other indication on the vehicle that the owner or operator will return within a specified period of time, and that time has passed.

Prohibition

(2) A person shall not abandon a vehicle on

(a) private or public property, other than a highway, without the express or implied consent of the owner or person in lawful possession or control of the property; or

(b) a highway.

SNWT 2011,c.8,s.18(3); SNWT 2014,c.4,s.32.

Interfering with driver

225.

(1) No driver shall operate a vehicle if

(a) the control of the driver over the driving mechanisms of the vehicle is interfered with; or

(b) the view of the driver to the front, sides or rear of the vehicle is obstructed.

Position of passengers

(2) No passenger shall occupy a position in a vehicle that interferes with or obstructs

(a) the view of the driver to the front of the vehicle; or

(b) the ability of the driver to control the vehicle.

Passenger limits

226.

(1) No driver shall permit

(a) the number of persons in a motor vehicle to exceed the number of designated seating positions;

(b) a person to occupy a position other than a designated seating position in a motor vehicle; or

(c) more than one person to occupy a designated seating position in a motor vehicle.

Exemption

(2) Subsection (1) does not apply to the driver of

(a) a bus;

(b) an emergency vehicle; or

(c) an enforcement vehicle.

SNWT 2001, c.13,s.4.

Canyons and mountains

227.

A driver travelling through canyons or on mountains shall hold his or her vehicle under control and as near to the right-hand curb or edge of the roadway as is reasonably possible.

Coasting down hills

228.

No driver travelling down a hill shall

(a) put the gears of his or her motor vehicle into neutral; or

(b) disengage the clutch of his or her motor vehicle.

Listen for trains

229.

A driver approaching a railway crossing shall listen and look in both directions of the crossing for an approaching train.

Following fire-fighting vehicles

230.

No driver of a vehicle, other than an enforcement or emergency vehicle, shall

(a) follow a vehicle used to fight fires, unless the driver remains at least 150 m behind the vehicle used to fight fires; or

(b) park his or her vehicle within 150 m of a vehicle used to fight fires that has stopped in answer to a fire alarm.

Fire hoses

231.

No driver shall drive over an unprotected hose of a fire department that has been laid down on a highway or private roadway or driveway near the location of a fire or a suspected fire, unless the driver has obtained the consent of an official of the fire department.

Littering highways

232.

(1) No person shall deposit on a highway any glass, nails, tacks or scraps of metal or any rubbish, refuse or waste.

Removing wrecked vehicle

(2) A person who removes from a highway a vehicle that is wrecked or damaged shall remove any glass or other thing that has fallen on the highway from the vehicle.

Driving on sidewalk

233.

No driver shall drive over a sidewalk unless his or her vehicle is entering or leaving a driveway, lane or parking lot.

Opening door of vehicle

234.

(1) No person shall open the door of a vehicle

(a) while the vehicle is in motion; or

(b) if the opening of the door interferes with the movement of traffic.

Leaving door open

(2) No person shall leave the door of a vehicle open on the side of the vehicle adjacent to the travelled portion of the highway unless the vehicle is being loaded or unloaded or passengers are getting in or out through that door.

Stunts

235.

No person shall engage in a stunt or activity on a highway that is likely to distract or startle a driver using the highway.

Races

236.

No driver shall drive his or her vehicle in a race or in a contest of performance.

Riding outside motor vehicle

237.

(1) No person shall ride and no driver shall permit a person to ride, on the outside of a motor vehicle or in the box of a truck.

Exemption

(2) Subsection (1) does not apply in respect of a person riding

(a) on the seat of a motorcycle;

(b) in the box of a truck in a municipality or unincorporated community if

(i) a bylaw or regulations have been made permitting a person to ride in the box of a truck, and

(ii) the truck is being operated at less than 25 km/h and in accordance with the bylaw or regulations;

(c) on a construction vehicle or a motor vehicle engaged in the maintenance of a highway;

(d) on an enforcement or emergency vehicle;

(e) on a motor vehicle forming part of a parade that has been approved by the proper authority; or

(f) on a motor vehicle that is part of a garbage disposal service and the vehicle is being used to collect garbage.

SNWT 2001,c.13,s.5(2); SNWT 2009,c.13, s.3(1),31; SNWT 2011,c.8,s.18(2).

Occupying trailers

238.

No person shall occupy and no driver whose motor vehicle is pulling a trailer shall permit a person to occupy a trailer while it is being moved on a highway.

Aircraft on highways

239.

No person shall operate an aircraft on a highway except within a portion of a highway designated by a traffic control device for aircraft or where an officer permits a person to operate an aircraft on a highway.

ENFORCEMENT AND

EMERGENCY VEHICLES

Exemption for enforcement

240.

(1) Subject to subsections (2) and (3), the driver

(a) of an emergency or enforcement vehicle, when responding to an emergency call or alarm, or

(b) of an enforcement vehicle, when in pursuit of a person who is suspected of contravening a law or when going to investigate a suspected contravention of a law,

may drive the emergency or enforcement vehicle, as the case may be, in contravention of this Act or the regulations, the Public Airports Act, or a bylaw of a municipal corporation where it is necessary to do so.

Lights and siren

(2) Subsection (1) does not apply to a driver of an enforcement or emergency vehicle, unless

(a) when the vehicle is moving, it is emitting an audible signal by bell or siren and the flashing lights on the vehicle are activated; or

(b) when the vehicle arrives at its destination and parks, the flashing lights on the vehicle are activated.

Manner of driving

(3) Where the driver of an enforcement or emergency vehicle contravenes this Act or the regulations, the Public Airports Act, or a bylaw of a municipal corporation under subsection (1), the driver shall drive the vehicle with regard for the safety of traffic using the highway taking into account all circumstances of the case including

(a) the condition of the highway;

(b) the amount of traffic that is on or might reasonably be expected to be on the highway;

(c) the nature of the use being made of the enforcement or emergency vehicle at that time; and

(d) the time of day.

SNWT 2006, c.5, Sch.s.9; SNWT 2009,c.13, s.3(1).

Driver’s duty

241.

(1) Upon the approach of an enforcement or emergency vehicle that is emitting an audible signal by bell or siren or that has its flashing lights activated, a driver shall

(a) yield the right of way to the enforcement or emergency vehicle;

(b) immediately drive to a position clear of an intersection and parallel to and as close as is practicable to

(i) the right-hand curb or edge of a two-way roadway, or

(ii) the right-hand or left-hand curb or edge of a one-way roadway; and

(c) stop and remain in that position until the enforcement or emergency vehicle has passed.

Reduce speed for certain stopped vehicles

(2) A driver shall, within 120 m of a vehicle that is stopped on or near a highway, reduce his or her speed to a speed that is safe and that does not exceed one-half of the prescribed speed limit for the highway, if that vehicle is

(a) an emergency vehicle with lights flashing; or

(b) an enforcement vehicle with lights flashing.

SNWT 2009,c.13,s.32.

MOTORCYCLES

Riding on motorcycle

242.

(1) No driver or passenger of a motorcycle shall stand up while riding on the motorcycle.

Passengers

(2) No passenger shall ride on a motorcycle unless

(a) the motorcycle is designed and equipped with a seat to carry more than one person, and the person rides on that seat; or

(b) the passenger rides in a side car that is attached to the motorcycle.

Duty of driver

(3) A driver of a motorcycle shall not permit a passenger to ride on the motorcycle in contravention of subsection (2).

Stability

(4) A driver of a motorcycle shall not permit a passenger to ride on the motorcycle if the passenger cannot reach the foot-pegs or floorboards of the motorcycle. SNWT 2014,c.4,s.33.

Helmets

243.

No person shall drive or ride on a motorcycle unless the person wears a prescribed helmet in the prescribed manner.

Riding beside another motorcycle

244.

No driver of a motorcycle shall drive the motorcycle beside another motorcycle that is being operated on a highway except when passing that motorcycle.

Restriction on operation

245.

No person shall drive a motorcycle that has a cm3 piston displacement of 90 or less on a highway

(a) outside of a municipality or unincorporated community; or

(b) that has a maximum speed limit greater than 50 km/h.

SNWT 2011,c.8,s.18(2).

BICYCLES

Duties of bicyclists

246.

(1) A person who is riding a bicycle

(a) shall not ride it on a sidewalk;

(b) shall ride it as near as is practicable to the right hand curb or edge of a roadway;

(c) shall not ride beside another bicycle that is being ridden on a highway except when passing that bicycle;

(d) shall keep at least one hand on the handle bars;

(e) shall ride on and astride the seat of the bicycle; and

(f) shall not use the bicycle to carry more persons than the number for which it is designed and equipped.

Bicycle paths

(2) No person shall ride a bicycle on a roadway if there is a usable path, other than a sidewalk, intended for the use of bicycles adjacent to the roadway.

Duties of person riding play vehicle

247.

No person shall ride on or use a sled, skateboard, ice skates, in-line skates or skis on a roadway

(a) if there is a sidewalk adjacent to the roadway that is usable; or

(b) if there is no sidewalk adjacent to the roadway that is usable, unless the person rides the device as close as is practicable to the left-hand curb or edge of the roadway.

SNWT 2000,c.5,s.3.

Towing of play vehicles

248.

No driver shall knowingly use a vehicle to tow on a highway a bicycle, sled, skateboard, ice skates, in-line skates or skis. SNWT 2000,c.5,s.3.

Animal-drawn vehicle

249.

A driver of an animal-drawn vehicle or a person who is riding an animal shall keep the animal-drawn vehicle or the animal, as the case may be, as close as is practicable

(a) to the right-hand curb or edge of a two-way roadway; or

(b) to the right-hand or left-hand curb or edge of a one-way roadway.

PEDESTRIANS

Crosswalk at intersection

250.

(1) Notwithstanding any provision of this Act, a driver shall yield the right of way to a pedestrian crossing a roadway within a crosswalk at an intersection where

(a) there are traffic lights at the intersection and the pedestrian is authorized under this Act to cross the roadway; or

(b) there are no traffic lights at the intersection or the traffic lights are not in operation.

Other crosswalks

(2) A driver shall yield the right of way to a pedestrian crossing a roadway within a crosswalk that is not at an intersection.

Passing motor vehicle at crosswalk

251.

Where a motor vehicle is stopped at a crosswalk to permit a pedestrian to cross the roadway, a driver approaching from the rear shall not pass the stopped vehicle.

Duty of pedestrian

252.

(1) A pedestrian shall look in both directions before leaving a curb or other place of safety to cross a roadway.

Idem

(2) No pedestrian shall leave a curb or other place of safety and walk or run into the path of a motor vehicle that is so close that it is impracticable for the driver of the vehicle to yield.

Crossing outside of crosswalk

253.

Where a pedestrian is crossing a roadway at a point other than within a crosswalk, the pedestrian shall yield the right of way to all drivers.

Duty of driver

254.

Notwithstanding any provision of this Act, a driver shall

(a) exercise care to avoid colliding with a pedestrian;

(b) give a warning to a pedestrian by sounding the horn or bell on his or her vehicle when necessary; and

(c) exercise proper precaution and be prepared to stop where a child or an apparently confused or incapacitated person is on a highway.

Use of sidewalks

255.

(1) A pedestrian shall not walk or run on a roadway if there is a sidewalk that is usable on either side of the roadway.

Using left-hand side of roadway

(2) Where there is no sidewalk that is usable on either side of a roadway, a pedestrian shall, unless it is impracticable, walk or run on the left-hand side of the roadway or the shoulder of the highway.

Holding onto vehicle

256.

(1) No person who is outside of a vehicle shall

(a) hold onto a vehicle that is in motion, or

(b) hold onto a vehicle that is stationary,

for the purpose of being towed.

Idem

(2) No driver shall knowingly tow a person that is holding onto the vehicle he or she is driving.

Soliciting employment or business

257.

No pedestrian shall be on a roadway for the purpose of soliciting employment or business with an occupant of a vehicle using the roadway.

PART V

ACCIDENTS

Definition: "certificate of registration"

258.

In this Part, "certificate of registration" includes a certificate of registration issued under the laws of an extra-territorial jurisdiction. SNWT 2009,c.13, s.4(1).

Duty of driver at accident

259.

(1) Where an accident occurs on or adjacent to a highway, each driver of a motor vehicle that is directly or indirectly involved in the accident shall, if he or she is capable of doing so,

(a) remain at the scene of the accident;

(b) render all reasonable assistance;

(c) provide in writing to anyone sustaining loss or injury and, if requested by a member of the Royal Canadian Mounted Police, to that member,

(i) his or her name and address,

(ii) the number of his or her driver’s licence issued under this Act or under the laws of an extra-territorial jurisdiction, and

(iii) the name and address of the person named in the certificate of registration or in transit permit for the motor vehicle he or she was driving and the number of the certificate or permit; and

(d) produce for inspection to anyone sustaining loss or injury and, if requested by a member of the Royal Canadian Mounted Police, to that member, the document evidencing a motor vehicle liability policy or financial responsibility that is required to be located inside the motor vehicle by section 56.

When driver may leave accident

(2) Notwithstanding paragraph (1)(a), the driver of a motor vehicle that is directly or indirectly involved in an accident may leave the scene of the accident

(a) after the driver has performed the duties imposed by subsection (1); or

(b) for the purpose of obtaining assistance.

Duty after leaving accident

(3) A driver who leaves the scene of an accident under paragraph (2)(b) shall, after obtaining or attempting to obtain assistance,

(a) return immediately to the scene of the accident and comply with paragraphs (1)(b), (c) and (d); or

(b) immediately make a report in writing that contains the information described in paragraph (1)(c) and produce for inspection the document referred to in paragraph (1)(d) to a member of the Royal Canadian Mounted Police.

Driver not capable of providing information

(4) Where a driver is not capable of meeting the requirements of subsection (1) at the time of the accident and is not the person named in the certificate of registration or in transit permit for the motor vehicle, the person named in the certificate or permit shall, on learning of the accident, without delay,

(a) make a report in writing that sets out

(i) his or her name and address,

(ii) the number of his or her certificate of registration or in transit permit, and

(iii) the name and address of the person driving the motor vehicle at the time of the accident, and

(b) produce for inspection the document referred to in paragraph (1)(d),

to a member of the Royal Canadian Mounted Police.

Idem

(5) Where a driver is not capable of meeting the requirements of subsection (1) at the time of the accident and is the person named in the certificate of registration or in transit permit for the motor vehicle, the driver shall, after becoming capable of so doing, without delay,

(a) make a report in writing that contains the information described in paragraph (1)(c), and

(b) produce for inspection the document referred to in paragraph (1)(d),

to a member of the Royal Canadian Mounted Police. SNWT 2009,c.13,s.4(1).

Accident with unattended vehicle or other property

260.

(1) Subject to subsection (2), a driver of a motor vehicle that collides with an unattended vehicle or other property on or adjacent to a highway, shall bring his or her motor vehicle to a stop and locate and provide the driver or owner of the unattended vehicle or the owner of the property with

(a) his or her name and address;

(b) the number of his or her driver’s licence issued under this Act or under the laws of an extra-territorial jurisdiction;

(c) the name and address of the person named in the certificate of registration or in transit permit for the motor vehicle he or she was driving and the number of the certificate or permit; and

(d) the document referred to in paragraph 259(1)(d) for inspection purposes.

Where owner cannot be located

(2) Where a driver referred to in subsection (1) cannot after reasonable efforts locate the driver or owner of the unattended vehicle or the owner of the property, the driver shall leave in a conspicuous place in or on the unattended vehicle or property a written notice that contains the information referred to in paragraphs (1)(a) to (c) and the information contained on the document referred to in paragraph 259(1)(d). SNWT 2009,c.13,s.4(1).

Definition: "accident"

261.

For the purposes of sections 262 to 269, "accident" means an accident on or adjacent to a highway involving a motor vehicle that results in

(a) the injury or death of a person; or

(b) damages to all property involved in the accident that appear to be $2,000 or more.

SNWT 2011,c.26,s.10.

Written reports to R.C.M.P.

262.

(1) Subject to subsections (2) and (3), the driver of each motor vehicle involved in an accident shall immediately make a written report to a member of the Royal Canadian Mounted Police that sets out the circumstances of the accident and a description of how the accident occurred.

Where driver incapable

(2) Where a driver is incapable of making the report referred to in subsection (1) and there is another occupant of the motor vehicle capable of making the report, that occupant shall make the report.

Idem

(3) Where the driver of a motor vehicle involved in an accident

(a) is alone at the time of the accident, and

(b) is incapable of making the report required by subsection (1) at the time of the accident,

the driver shall make the report immediately after becoming capable of making it.

Report to Registrar

(4) A member of the Royal Canadian Mounted Police who receives a report made under this section shall send the report to the Registrar.

Officer’s report to Registrar

263.

A member of the Royal Canadian Mounted Police who has investigated an accident shall immediately forward to the Registrar a written report setting out full particulars of the accident including

(a) the names and addresses of the drivers involved;

(b) a description of the motor vehicles involved; and

(c) the extent of the personal injuries or property damage.

Additional information to Registrar

264.

A member of the Royal Canadian Mounted Police who has submitted a report to the Registrar pursuant to section 263 and any other person having information respecting an accident shall provide the Registrar with additional information respecting the accident if requested to do so by the Registrar.

Duty of Chief Coroner

265.

The Chief Coroner shall send to the Registrar

(a) a copy of the report on the investigation referred to in paragraph 19(1)(a) of the Coroners Act, and

(b) a copy of the verdict of the jury referred to in section 55 of the Coroners Act,

with respect to an accident that results in the death of a person. SNWT 2015,c.22,s.18.

Duty of insurance company

266.

An insurance company that receives a claim under a motor vehicle liability policy in respect of an accident that occurred in the Northwest Territories shall immediately notify the Registrar of the name and address of the person making the claim. SNWT 2009,c.13,s.5(1).

Bullet striking motor vehicle

267.

Where a motor vehicle has been struck by a bullet, the driver or person named in the certificate of registration or in transit permit for the vehicle shall, on becoming aware that the motor vehicle has been struck by a bullet, report this fact to a member of the Royal Canadian Mounted Police.

Notice to be affixed to motor vehicle

268.

Where a report referred to in section 262 or 267 has been made to a member of the Royal Canadian Mounted Police, the member shall cause to be affixed to the motor vehicle described in the report a notice certifying that the report required by section 262 or 267 has been submitted.

Repair of motor vehicle in accident

269.

No person shall undertake to repair a motor vehicle that shows evidence of having been in an accident or that has been struck by a bullet, unless a notice referred to in section 268 is affixed to the motor vehicle.

PART VI

CIVIL ACTIONS LIABILITY

Actions involving vehicles

270.

Except as provided in this Part, nothing in this Act or the regulations affects the right of a person to commence an action for damages involving a vehicle.

Liability of owner

271.

(1) Subject to subsection (2), the owner of a vehicle is liable for damages for injury, loss or damage to persons or property caused by the negligence or improper conduct of the driver of the vehicle in the operation of the vehicle on a highway and the driver is liable to the same extent as the owner.

Exception to liability

(2) The owner of a vehicle is not liable under subsection (1) if at the time the vehicle caused the damage, the vehicle was being operated by a person without the consent of the owner.

Consent presumed

(3) For the purposes of subsection (2), the driver of a vehicle shall be presumed to be operating the vehicle with the consent of the owner of the vehicle where the driver is

(a) living with and is a member of the family of the owner, or

(b) an employee or agent of the owner,

unless the owner can prove that the driver was, at the time of the accident, operating the vehicle without his or her consent.

BURDEN OF PROOF

Burden of proof

272.

(1) The burden of proof that damages caused by a vehicle on a highway did not entirely or solely arise through the negligence or improper conduct of the owner or driver is on the owner or driver of the vehicle.

Collision between vehicles

(2) Subsection (1) does not apply to an action for damages

(a) arising from a collision between vehicles on a highway; or

(b) sustained by a person while that person was a passenger in a vehicle.

Damage to highway

273.

Where a vehicle on a highway causes damage and, at the time the damage occurred, the driver was operating the vehicle in contravention of this Act, the regulations or a bylaw made under Part XII, or in contravention of the Public Airports Act, the burden of proof that the damage was not caused because of the contravention is on the driver or owner of the vehicle. SNWT 2006,c.5,Sch.,s.10; SNWT 2009,c.13, s.3(1).

LIMITATION OF ACTIONS

Limitation period

274.

An action may not be brought against a person for the recovery of damages resulting from the operation of a vehicle on a highway

(a) where a death is caused, after the time limited for the commencement of actions by the Fatal Accidents Act; and

(b) in any other case, after two years from the time when the cause of action arose.

PART VII

FINANCIAL RESPONSIBILITY

Definition: "accident"

275.

In this Part, "accident" means an accident involving a motor vehicle on or adjacent to a highway that results in

(a) the injury or death of a person; or

(b) total damages to all property involved in the accident that appears to be $1000 or more.

SNWT 2009,c.13,s.33; SNWT 2014,c.4,s.34.

Impounding motor vehicles

276.

(1) Subject to subsection (2), a member of the Royal Canadian Mounted Police shall impound each motor vehicle involved in an accident

(a) at the scene of the accident; or

(b) at the place where the member locates the vehicle if the vehicle has left the scene of the accident.

Evidence of insurance or financial responsibility

(2) A member of the Royal Canadian Mounted Police shall not impound a motor vehicle under subsection (1) where the driver or owner of the motor vehicle produces for inspection to the member the document evidencing a motor vehicle liability policy or financial responsibility that is required to be located inside the motor vehicle by section 56.

Where owner selects garage

277.

(1) A motor vehicle that is impounded under section 276 must be taken

(a) where repairs are necessary and immediately desired by the owner, to any repair shop or garage that the owner selects, for the purpose of having it repaired; or

(b) where repairs are not necessary or are not immediately desired by the owner, to any garage or storage place that the owner selects.

Where R.C.M.P. selects garage

(2) Notwithstanding subsection (1), a member of the Royal Canadian Mounted Police may cause a motor vehicle that has been impounded under section 276 to be taken

(a) to a garage or storage place maintained by the Royal Canadian Mounted Police or other public authority; or

(b) where a garage or storage place referred to in paragraph (a) is not available, to any other garage or storage place.

Notice to Registrar

(3) Where a motor vehicle is impounded under section 276, a member of the Royal Canadian Mounted Police shall, without delay, notify the Registrar of this fact and of the name and address of the proprietor of the place holding the vehicle.

Liability for impoundment expenses

278.

(1) The owner of a motor vehicle that is taken to a repair shop, garage or storage place under section 276 is liable for all reasonable charges for the towing, care and storage of the vehicle.

Lien

(2) The reasonable charges for the care and storage of the motor vehicle are a lien on the vehicle in favour of the proprietor of the repair shop, garage or storage place holding the vehicle, so long as the vehicle is in the possession of the proprietor.

Sale of motor vehicle

(3) The proprietor of the repair shop, garage or storage place that is storing a motor vehicle impounded under section 276 may sell the vehicle to recover the reasonable charges for the care and storage of the vehicle where the proprietor

(a) has received an order of the Registrar terminating the authority to impound the vehicle;

(b) has not received payment in full for the reasonable charges for the care and storage of the vehicle; and

(c) is in possession of the vehicle.

Warehouse Keepers Lien Act

(4) The Warehouse Keepers Lien Act applies, with such modifications as the circumstances require, to the sale authorized by subsection (3), the application of proceeds of the sale and the disposition of any surplus money. SNWT 2015,c.28,s.32.

Release of impounded motor vehicle

279.

(1) No person shall remove or release a motor vehicle that is impounded under section 276 from the repair shop, garage or storage place in which it is held, unless the removal or release is authorized

(a) by the written authorization of a member of the Royal Canadian Mounted Police made under subsection 280(1); or

(b) by the written order of the Registrar made under sections 281 to 284.

Notice to proprietor of garage

(2) Where a motor vehicle impounded under section 276 is placed in a repair shop, garage or storage place, the member of the Royal Canadian Mounted Police impounding the vehicle shall, in writing, notify the proprietor of the repair shop, garage or storage place that the vehicle is impounded and must not be removed or released except on receiving

(a) the written authorization of a member of the Royal Canadian Mounted Police made under subsection 280(1); or

(b) the written order of the Registrar made under sections 281 to 284.

Change of place of impoundment

280.

(1) Where a motor vehicle is taken to a repair shop, garage or storage place selected by an owner under subsection 277(1), a member of the Royal Canadian Mounted Police in the area in which the repair shop, garage or storage place is situated may, on receipt of a written application by the owner of the vehicle and at the expense of the owner, authorize in writing the vehicle to be transferred to another repair shop, garage or storage place selected by that owner.

Notice to Registrar

(2) Where a motor vehicle is transferred under subsection (1), a member of the Royal Canadian Mounted Police shall, without delay, notify the Registrar of this fact and of the name and address of the proprietor of the place holding the vehicle.

Release of impounded motor vehicle

281.

Where a motor vehicle is impounded under section 276 and the Registrar is satisfied that

(a) at the time of the accident the motor vehicle was a stolen vehicle,

(b) the only damage resulting from the accident is to the person or property of the owner or driver of the motor vehicle, or

(c) the owner of the motor vehicle meets the requirements with respect to insurance or financial responsibility described in section 36,

the Registrar shall order that the authority for impounding the vehicle under section 276 is terminated.

Security or satisfaction of claims

282.

Where an owner of a motor vehicle impounded under section 276 gives security or proof of satisfaction of claims for damages that is satisfactory to the Registrar for damages resulting from an accident referred to in section 276, the Registrar shall order that the authority for impounding the motor vehicle under section 276 is terminated.

Definition: "certificate"

283.

(1) In this section, "certificate" means a certificate of the Clerk of the Territorial Court or of the Supreme Court stating that an action for the recovery of damages resulting from an accident has been commenced.

Release of impounded vehicle

(2) Where a motor vehicle is impounded under section 276 and an owner does not give security or proof of satisfaction of claims for damages resulting from an accident, the Registrar shall order that the authority for impounding the motor vehicle under section 276 is terminated if

(a) six months have elapsed since the date of the accident and no certificate has been filed with the Registrar; or

(b) a certificate has been filed with the Registrar and the Registrar is satisfied that

(i) the action against the owner of the motor vehicle has been decided in the owner’s favour and that no appeal against the judgment has been filed within the time fixed for the filing of an appeal,

(ii) any judgment recovered against the owner has been satisfied or settled,

(iii) the action has not been brought to trial within 12 months after being commenced, or

(iv) although judgment has been recovered against the owner and no appeal has been filed by the owner within the time fixed for the filing of an appeal or an appeal by the owner has been dismissed, the motor vehicle has not, within three months from the date of the judgment or the date of the dismissal of the appeal, been seized under an execution issued pursuant to the judgment.

Seizure by execution creditors

(3) Where judgment has been recovered in an action against the owner of a motor vehicle impounded under section 276, and the motor vehicle has been seized under an execution issued pursuant to the judgment, the Registrar shall order that the authority for impounding the vehicle under section 276 is terminated.

Where repairs are impracticable

284.

Where the Registrar is satisfied by a certificate signed by a mechanic, or by other written evidence, that a motor vehicle impounded under section 276 is so damaged that it is impracticable to repair the vehicle so that it can be driven on a highway, the Registrar may order that the authority for impounding the motor vehicle under section 276 is terminated.

PART VIII

ENFORCEMENT

STOPPING VEHICLES

Power to stop vehicles

285.

(1) An officer may direct a person operating a vehicle on a highway to stop and park the vehicle to determine if the person operating the vehicle and the vehicle and its equipment comply with the requirements of this Act and the regulations.

Duty to stop vehicles

(2) A person operating a vehicle on a highway who is directed to stop and park the vehicle by an officer under subsection (1) shall comply with the direction.

EQUIPMENT INSPECTIONS

Equipment inspections

286.

(1) An officer who has directed a person operating a vehicle on a highway to stop the vehicle may inspect the vehicle and any vehicle safety item in respect of that vehicle to determine if the vehicle and item comply with the requirements of this Act and the regulations.

Tests

(2) An officer conducting an inspection referred to in subsection (1) may conduct the tests that the officer considers necessary or that may be prescribed to determine if the vehicle and any vehicle safety item in respect of the vehicle complies with the requirements of this Act and the regulations.

Moving a vehicle

(3) For the purposes of conducting tests and examinations referred to in subsection (2), an officer may cause the vehicle to be moved to a place selected by the officer by

(a) directing the person having control of the vehicle to drive the vehicle to that place; or

(b) arranging to have the vehicle towed to that place.

Towing expenses

(3.1) Any expenses incurred by towing a vehicle under paragraph (3)(b) are the responsibility of the person having control of the vehicle.

Assistance to officer

(4) The person having the control of a vehicle being inspected under this section and any passenger in or on the vehicle shall provide all reasonable assistance in his or her power to the officer conducting the inspection. RSNWT 1988,c.44 (Supp.),s.7.

Powers after inspection

287.

(1) Where an officer who has conducted an inspection under subsection 286(1) believes that the vehicle that was inspected is in such condition that its operation is likely to endanger the safety of the person operating the vehicle, a passenger in or on the vehicle or the public, the officer may

(a) where the vehicle inspected is a motor vehicle, remove the licence plates attached to the vehicle issued under this Act or under the laws of an extra-territorial jurisdiction; or

(b) where the vehicle inspected is not a motor vehicle, direct the person having control of the vehicle to remove the vehicle from the highway.

Duty to remove vehicle

(2) A person who is directed by an officer to remove a vehicle from a highway under paragraph (1)(b) shall comply with the direction.

Notice

(3) An officer who removes the licence plates from a motor vehicle under paragraph (1)(a) or directs the removal of a vehicle from a highway under paragraph (1)(b) shall immediately provide the operator of the vehicle with a notice that sets out

(a) the equipment or parts of the vehicle that must be repaired, removed or added so that the operation of the vehicle will not endanger the safety of the person operating the vehicle, a passenger in or on the vehicle or the public; and

(b) in the case of a motor vehicle, where the licence plates may be claimed.

Towing of motor vehicle

(4) Where an officer removes the licence plates from a motor vehicle under paragraph (1)(a), the driver of the vehicle or his or her agent shall have the vehicle towed or otherwise removed from the highway by a means that does not require the engine of the vehicle, if any, to be started.

Operation of vehicle prohibited

(5) No person shall operate, on a highway, a vehicle that is the subject of a notice referred to in subsection (3) unless the repair, removal or addition of equipment or parts of the vehicle set out in the notice have been completed. SNWT 2009,c.13,s.4(1).

Return of licence plates

288.

(1) An officer who has removed licence plates from a motor vehicle under paragraph 287(1)(a) shall return the licence plates to the person in whose name the vehicle is registered or his or her agent where the officer is satisfied within 30 days after removing the licence plates that the repair, removal or addition of equipment or parts of the vehicle set out in the notice referred to in paragraph 287(3)(a) have been completed.

Licence plates to Registrar

(2) Where an officer does not return licence plates under subsection (1) within 30 days after removing the licence plates, the officer shall deliver or mail the licence plates to the Registrar together with a copy of the notice referred to in subsection 287(3).

Return of licence plates

(3) The Registrar shall return licence plates that have been sent to the Registrar pursuant to subsection (2) to the person in whose name the motor vehicle from which the licence plates were removed is registered or his or her agent where the Registrar has received the licence plates and is satisfied that the repair, removal or addition of equipment or parts of the motor vehicle set out in the notice referred to in paragraph 287(3)(a) have been completed.

INFORMATION AND DOCUMENTS

Power to request information

289.

(1) An officer may request the person having control of a vehicle that is on a highway and any passenger in or on the vehicle to provide information respecting the vehicle to determine if the operation of the vehicle on a highway complies with the requirements of this Act and the regulations.

Duty to answer questions

(2) The person having the control of a vehicle that is on a highway and any passenger in or on the vehicle shall, to the best of his or her ability, answer all reasonable questions relating to the vehicle asked by the officer.

Power to request documents

290.

(1) An officer may request the driver of a motor vehicle who has stopped and parked the vehicle pursuant to subsection 285(2) to produce for inspection

(a) any document that is required to be located inside the motor vehicle by section 56 or under the regulations; and

(b) his or her driver’s licence issued under this Act or under the laws of an extra-territorial jurisdiction.

Duty to produce documents

(2) A driver who is requested by an officer to produce a document under subsection (1) shall comply with the request.

Seizure of document

(3) Where

(a) a driver produces a document to an officer pursuant to subsection (2), and

(b) the officer, on reasonable grounds, believes that

(i) the document is suspended or cancelled, or

(ii) with respect to a document indicating there is a motor vehicle liability policy for a motor vehicle, the contract evidenced by the policy is cancelled, terminated or expired,

the officer may seize the document and deliver or mail it to the Registrar. RSNWT 1988,c.44 (Supp.),s.8; SNWT 2009,c.13,s.4(1).

Permission to move vehicle

291.

A person who

(a) has stopped the vehicle that he or she is operating pursuant to subsection 285(2), or

(b) has the control of a vehicle that is being inspected under subsection 286(1),

shall not move the vehicle until permitted to do so by an officer.

INSPECTION AND SEARCH OF PREMISES

291.1.

Repealed, SNWT 2014,c.4,s.35.

Inspection

291.2.

(1) Where an officer believes on reasonable grounds that a person is the owner of an NSC vehicle, the officer may at any reasonable time enter and inspect any place or building, other than a dwelling- house, owned by or under the control of that person to determine if there is compliance with the Act or the regulations.

Warrant required to enter dwelling- house

(2) An officer may not enter a dwelling-house under subsection (1) without the consent of the occupant, except under the authority of a warrant issued under subsection (3).

Authority to issue warrant

(3) Where on ex parte application a justice of the peace is satisfied by information on oath

(a) that the conditions for entry described in subsection (1) exist in relation to a dwelling-house,

(b) that entry to the dwelling-house is necessary for any purpose relating to the administration or enforcement of this Act, and

(c) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry to the dwelling-house will be refused,

the justice may issue a warrant authorizing the officer named in the warrant and any person assisting the officer to enter and inspect that dwelling-house. RSNWT 1988,c.44(Supp.),s.9.

Warrant

291.3.

(1) Where on ex parte application a justice is satisfied by information on oath that there are reasonable grounds to believe that there is in any place or building anything that will afford evidence that a contravention of this Act or the regulations has been committed, the justice may issue a warrant authorizing the officer named in the warrant to enter and search that place or building for any such thing.

Search and seizure

(2) An officer authorized by a warrant may search a place or building referred to in the warrant and seize and detain anything referred to in the warrant. RSNWT 1988,c.44(Supp.),s.9.

Search without warrant

291.4.

Where an officer has reasonable grounds to believe that there is in any place or building anything that will afford evidence that a contravention of the Act or regulations has been committed the officer may search the place or building without a warrant where the officer reasonably believes that delaying the search to obtain a warrant would result in the loss or destruction of evidence. RSNWT 1988,c.44 (Supp.),s.9.

Powers of officer

291.5.

An officer may, in the performance of an inspection under section 291.2 or a search under section 291.3 or 291.4

(a) examine and remove, for the purpose of making copies, any books, records or other documents that the officer reasonably believes contain information relevant to the administration or enforcement of this Act or the regulations;

(b) use any computer to examine any data available to the computer, and repro- duce as a print-out or other physical copy any record or entry that the officer reasonably believes contains information relevant to the adminis- tration or enforcement of this Act or the regulations;

(c) inspect any NSC vehicle located at the place or in the building; and

(d) examine anything relevant to the administration or enforcement of this Act or the regulations.

RSNWT 1988, c.44(Supp.),s.9.

Assistance to officers

291.6.

A person who owns or has control of a place or building inspected under section 291.2 or searched under section 291.3 or 291.4 shall give an officer all reasonable assistance to enable the officer to perform the inspection or search and shall

(a) allow the officer to enter the place or building;

(b) provide the officer with the information relating to the administration of the Act and the regulations that the officer may reasonably require;

(c) provide the officer with access to books, records and other documents in the place or building; and

(d) provide the officer with access to any computer in the place or building and assist the officer to search and take a physical copy of any data available to the computer.

RSNWT 1988,c.44 (Supp.),s.9.

ARREST

292.

Repealed, RSNWT 1988,c.44(Supp.),s.10.

Power of arrest

293.

(1) An officer may arrest, without a warrant, a person whom the officer finds contravening the provisions of this Act referred to in subsection (2) if the officer on reasonable and probable grounds believes that the public interest, having regard to all the circumstances, including

(a) the need to establish the identity of the person,

(b) the need to secure or preserve evidence of or relating to the contravention,

(c) the need to prevent the continuation or repetition of the contravention or the commission of another contravention, and

(d) the probability that the person will fail to attend in court in order to be dealt with according to law,

requires that the person be arrested without a warrant.

Contraven- tions identified

(2) An officer may arrest a person under subsection (1) for contravening subsection 66(1), 118(2), section 119, 121, 147, subsection 154(1), section 169, 233, 235, 236, 259, 260, 262 or subsection 285(2). SNWT 2003,c.14,s.20.

SEIZURE

Power of seizure

294.

An officer who finds a person on a highway contravening this Act, the regulations or a bylaw made under Part XII may, if a vehicle is involved in the contravention, seize the vehicle if it is required for evidence. SNWT 2015,c.28, s.33.

Storage of vehicle

295.

(1) Subject to sections 297 and 298, an officer who seizes a vehicle under section 294 or under a search warrant in respect of an offence under this Act or the regulations may cause the vehicle to be taken to and stored in a suitable place until the final disposition of any proceedings in respect of the offence involving the vehicle and may cause tests and examinations to be made of the vehicle that the officer considers proper.

Use of force

(2) An officer or a person authorized by an officer may use such reasonable force as is necessary to have a vehicle seized under section 294 or under a search warrant removed from its location under subsection (1).

Towing and storage expenses

296.

Any towing or storage expenses incurred by a seizure of a vehicle referred to in subsection 295(1) are the responsibility of the police force, municipal corporation or government of which the officer is an employee.

Where proceedings not commenced

297.

Unless proceedings relating to an offence involving a vehicle seized under section 294 or under a search warrant referred to in subsection 295(1) are commenced within 15 days of the vehicle being seized, the seizure of the vehicle is terminated and the vehicle shall be released to the owner of the vehicle or his or her agent.

Termination of seizure

298.

(1) The owner or any person having an interest in a vehicle referred to in subsection 295(1) may apply to a territorial judge for an order that terminates the seizure and releases the vehicle to the applicant.

Grounds for termination

(2) A territorial judge shall order the termination of a seizure and the return of a vehicle to an applicant referred to in subsection (1) where

(a) the judge is satisfied that the applicant is the owner or person who is lawfully entitled to possession of the vehicle; and

(b) the prosecutor does not satisfy the judge that the vehicle is required for the purposes of any investigation or proceedings in relation to an offence under this Act or the regulations.

Return of vehicle

299.

At the final disposition of proceedings in respect of an offence involving a vehicle referred to in subsection 295(1), the seizure of the vehicle is terminated and the vehicle must be released to the owner of the vehicle or his or her agent, unless the seizure has already been terminated under section 297 or 298.

Seizure

300.

(1) An officer may seize a vehicle and cause it to be removed to a place of storage that the officer considers appropriate if

(a) the officer has reasonable grounds to believe that the vehicle is involved in a contravention of subsection 224(2);

(b) the vehicle is a motor vehicle that is on a highway and no licence plates issued under this Act or under the laws of an extra-territorial jurisdiction are attached to the vehicle; or

(c) the vehicle is on a highway and is involved in a contravention of this Act, the regulations or a bylaw made under Part XII, and the officer has reasonable grounds to believe that it is in the public interest that the vehicle be seized.

Use of force

(2) An officer or a person authorized by an officer may use such reasonable force as is necessary to have the vehicle removed from its location under subsection (1).

Termination of seizure

(3) A seizure made under subsection (1) terminates 24 hours after the vehicle is seized. SNWT 2009,c.13,s.3(1),4(1); SNWT 2014, c.4,s.36; SNWT 2015,c.28,s.35.

Notice by officer

301.

(1) Where the operator or owner of a vehicle being seized under section 300 is present when the seizure is made, the officer making the seizure shall notify the operator or owner of

(a) the reason for the seizure;

(b) the time at which the seizure terminates;

(c) the place where the vehicle can be claimed; and

(d) the charges described in section 302 for which the owner of the vehicle is liable.

Notification of Registrar

(2) An officer who seizes a motor vehicle under subsection 300(1) shall immediately notify the Registrar

(a) of the removal and location of the storage of the motor vehicle;

(b) of any information that will enable the Registrar to identify the person named in the certificate of registration for the vehicle; and

(c) whether the officer notified the operator or owner of the vehicle of the information described in paragraphs (1)(a) to (d).

Notification of person named in certificate of registration

(3) The Registrar shall notify an operator or owner of a motor vehicle of the matters described in paragraphs (1)(a) to (d) where

(a) the Registrar receives a notice referred to in subsection (2) that indicates the officer did not notify the operator or owner of the motor vehicle of the information described in paragraphs (1)(a) to (d); and

(b) the Registrar identifies the person named in the certificate of registration for the motor vehicle.

Liability of owner

302.

(1) The owner of a vehicle seized under subsection 300(1) is liable for all reasonable charges for the removal, care, storage and disposal of the vehicle.

Lien

(2) The reasonable charges for the care and storage of the vehicle are a lien on the vehicle in favour of the proprietor of the place where the vehicle is stored, so long as the vehicle is in the possession of the proprietor.

Sale of vehicle

(3) The proprietor of a place that has stored a vehicle seized under subsection 300(1) may sell the vehicle to recover the reasonable charges for the care and storage of the vehicle where the proprietor

(a) has not received payment in full for the reasonable charges for the care and storage of the vehicle; and

(b) is in possession of the vehicle.

Warehouse Keepers Lien Act

(4) The Warehouse Keepers Lien Act applies, with such modifications as the circumstances require, to the sale authorized by subsection (3), the application of proceeds of the sale and the disposition of any surplus money. SNWT 2015,c.28,s.32,36.

Power of seizure

302.1.

(1) Where a person has been charged with an offence under section 119 of this Act or subsection 320.18(1) of the Criminal Code in respect of the person operating a motor vehicle on a highway while prohibited or disqualified from doing so because he or she had committed an offence under section 320.14 or subsection 320.15(1) of the Criminal Code, an officer may seize the motor vehicle that the person had been operating and may cause the motor vehicle to be removed from its location to a place of storage that he or she considers appropriate.

Personal property

(2) Personal property, other than personal property that is a part of a motor vehicle, that is in or on a motor vehicle that is seized under subsection (1) is not subject to the seizure and shall, on request but subject to the regulations, be returned to the person having claim to the personal property.

Use of force

(3) An officer or a person authorized by an officer may use such reasonable force as is necessary to effect a seizure under subsection (1) and to effect the return of any personal property that is in or on the motor vehicle to a person having claim to the personal property.

Termination

(4) A seizure made under subsection (1) terminates 30 days after the motor vehicle is seized.

Notice by officer

(5) Where a motor vehicle is seized under subsection (1), the officer making the seizure shall notify the person who is charged with an offence referred to in subsection (1) of

(a) the reason for the seizure;

(b) the day on which the seizure terminates;

(c) the place where the motor vehicle can be claimed; and

(d) the charges described in subsection (8) for which the person charged and the owner of the motor vehicle are liable, and that the owner may claim the costs of those charges from the person charged.

Notification of Registrar

(6) An officer who seizes a motor vehicle under subsection (1) shall immediately notify the Registrar

(a) of the seizure of the motor vehicle and of the place where it is being stored;

(b) of any information that will enable the Registrar to identify the person named in the certificate of registration for the motor vehicle; and

(c) whether the officer notified the person charged with an offence referred to in subsection (1) of the information referred to in paragraphs (5)(a) to (d).

Notification of person named in certificate of registration

(7) The Registrar shall notify the person named in the certificate of registration for a motor vehicle of the matters described in paragraphs (5)(a) to (d), where

(a) the Registrar receives a notice referred to in paragraph (6)(c) that indicates that the person named in the certificate of registration for the motor vehicle has not been notified of the information referred to in paragraphs (5)(a) to (d); and

(b) the Registrar identifies the person named in the certificate of registration for the motor vehicle.

Liability of person charged and owner

(8) A person charged with an offence referred to in subsection (1) and the owner of a motor vehicle seized under subsection (1) are jointly and severally liable for all reasonable charges for the removal, care and storage of the motor vehicle.

Owner may recover charges from person charged

(9) The owner of a motor vehicle seized under subsection (1) may recover the costs of charges referred to in subsection (8) from the person charged.

Lien

(10) The reasonable charges for the removal, care and storage of a motor vehicle are a lien on the motor vehicle in favour of the proprietor of the place where the motor vehicle is stored, so long as the motor vehicle is in the possession of the proprietor.

Sale of vehicle

(11) The proprietor of the place that has stored a motor vehicle seized under subsection (1) may sell the motor vehicle to recover the reasonable charges for the removal, care and storage of the motor vehicle, if the proprietor

(a) has not received payment in full for the reasonable charges for the removal, care and storage of the motor vehicle; and

(b) is in possession of the motor vehicle.

Warehouse Keepers Lien Act

(12) The Warehouse Keepers Lien Act applies, with such modifications as the circumstances require, to a sale authorized by subsection (11), the application of proceeds of the sale, and the disposition of any surplus money.

Application to terminate

(13) The owner or any person having an interest in a motor vehicle seized under subsection (1) may apply to the Registrar for a review of the seizure and for an order that terminates the seizure and releases the motor vehicle to the applicant, by submitting a notice of request for a review and paying the prescribed fee to the Registrar.

Order

(14) The Registrar shall order the termination of a seizure and the return of a motor vehicle to an applicant referred to in subsection (13), if

(a) the Registrar is satisfied that the applicant is the owner or person who is lawfully entitled to possession of the motor vehicle; and

(b) the Registrar is satisfied that

(i) the applicant did not know and could not reasonably have known that the person charged with an offence referred to in subsection (1) was disqualified from operating a motor vehicle,

(ii) the person charged with an offence referred to in subsection (1) had operated the motor vehicle without the knowledge of the applicant, or

(iii) the person who had operated the motor vehicle had not done so while disqualified because he or she had committed an offence under s e c t i o n 3 2 0 . 1 4 o r subsection 320.15(1) of the Criminal Code.

SNWT 2003, c.14,s.21; SNWT 2015,c.28,s.32; SNWT 2018,c.6,Sch.C,s.19(1),(9).

Vehicles of low value

302.2.

If the Registrar, an officer or another person authorized by the Registrar believes on reasonable grounds that a vehicle is abandoned under subsection 224(1), or has received notice that a vehicle has been seized under section 300 or stored under sections 302 or 302.1, and that it is worth less than a prescribed amount, he or she may, subject to the regulations,

(a) declare the vehicle to be worthless; and

(b) cause the vehicle to be removed to a nuisance ground, salvage yard or municipal dump for disposal or to be otherwise dealt with under the regulations.

SNWT 2015,c.28,s.37.

Seizure of radar detection devices

303.

(1) An officer may seize a device that is designed to detect or interfere with

(a) radar signals, or

(b) equipment used for measuring the speed of motor vehicles,

that is inside or attached to a motor vehicle on a highway.

Forfeiture

(2) A device seized under subsection (1) is forfeited to the Government of the Northwest Territories.

Seizure of licence plates

304.

(1) Subject to subsection (2), where an officer on reasonable grounds believes that

(a) the person named in a certificate of registration for a motor vehicle has failed to remove licence plates attached to the motor vehicle described in the certificate and to return them to the Registrar as required by this Act or the regulations, or

(b) a motor vehicle is equipped with licence plates that were not issued to the person named in the certificate of registration for the motor vehicle,

the officer may, at any time, remove the licence plates that are attached to the motor vehicle that is on a highway.

Warrant required to enter building

(2) An officer may not enter a building or place for the purpose of removing the licence plates attached to a motor vehicle for the reasons described in paragraph (1)(a) or (b) except under a warrant issued under subsection (3).

Authority to issue warrant

(3) Where, on ex parte application, a justice of the peace is satisfied by information on oath that

(a) there are reasonable grounds to believe that either of the situations in paragraph (1)(a) or (b) exist, and

(b) the motor vehicle to which the licence plates are attached is located in a building or place other than on a highway,

the justice of the peace may issue a warrant under his or her hand authorizing the officer named in the warrant to enter that building or place and to remove the licence plates attached to that vehicle, subject to the conditions that may be specified in the warrant.

Notice to person named in certificate of registration

(4) If the driver of or person named in the certificate of registration for a motor vehicle is not in or near the vehicle when an officer removes the licence plates under subsection (1) or under a warrant, the officer shall attach a notice to the vehicle that advises the person named in the certificate of registration for the motor vehicle that the licence plates have been removed under the authority of this Act.

Registrar to receive licence plates

305.

(1) An officer who has removed licence plates under subsection 304(1) or a warrant issued under subsection 304(3) shall

(a) deliver or mail the plates to the Registrar without delay; or

(b) if proceedings are commenced in respect of an offence involving the plates after they have been seized, notify the Registrar of the identification numbers and letters on the plates without delay and deliver or mail the plates to the Registrar after the final disposition of the proceedings.

Return of licence plates

(2) The Registrar, on receiving licence plates sent pursuant to subsection (1), may return the plates to the person who was originally issued the plates where that person is named in a valid certificate of registration for the motor vehicle to which the person intends to attach the plates.

Removal of licence plates

306.

(1) Where an officer finds a motor vehicle that the officer believes, on reasonable grounds, has been parked or operated in contravention of section 36, the officer may remove the licence plates, issued under this Act or under the laws of an extra-territorial jurisdiction, that are attached to the motor vehicle.

Proof of insurance or financial responsibility

(2) An officer who removes licence plates under subsection (1) shall return the plates to the driver or owner of the motor vehicle where, within 48 hours of the licence plates being removed, the driver or owner produces for inspection to the officer who has custody of the plates, the document evidencing a motor vehicle liability policy or financial responsibility that is required to be located inside the motor vehicle by section 56.

Notice

(3) An officer who removes licence plates under subsection (1) shall notify the driver or owner of the motor vehicle to which the plates were attached that the plates may be returned to the driver or owner under subsection (2) or, if the driver or owner cannot be located, the officer shall leave a notice attached to the vehicle setting out the substance of subsection (2).

Licence plates to Registrar

(4) Where a driver or owner does not produce for inspection the document that evidences a motor vehicle liability policy or financial responsibility referred to in subsection (2) within 48 hours of the licence plates being removed, the officer shall deliver or mail the licence plates to the Registrar. SNWT 2009,c.13,s.4(1).

IDENTITY OF DRIVER

Duty of owner

307.

(1) Where an officer, or an enforcement officer under the Public Airports Act, finds a driver contravening this Act, the regulations or a bylaw made under Part XII, or contravening the Public Airports Act, and the identity of the driver is not known to the officer, the owner of the vehicle shall, at the request of the Registrar or an officer and within 48 hours after the request, supply the person making the request with the name and address of the driver of the vehicle at the time of the contravention.

Defence

(2) An owner shall be found not guilty of contravening subsection (1) if the owner proves that he or she did not know the name and address of the driver before the expiration of the 48 hours. SNWT 2006,c.5,Sch.,s.11; SNWT 2009, c.13,s.3(1).

PART VIII.1

GENERAL IDENTIFICATION CARDS

APPLICATION

Registrar may issue general identification card

307.1.

(1) The Registrar may issue a general identification card to a person if the person meets the requirements of this Act and the regulations.

(2) Repealed, SNWT 2025,c.3,s.2.

SNWT 1998,c.21,s.14(3); SNWT 2025,c.3,s.2.

Requirements for issuance of general identification card

307.2.

The Registrar shall not issue a general identification card to a person under subsection 307.1(1) unless

(a) the person makes an application and provides a postal and residential address in the Northwest Territories;

(b) the person is a resident of the Northwest Territories;

(c) the person provides evidence of his or her age and identity satisfactory to the Registrar;

(d) the Registrar is satisfied with respect to the age and identity of the person;

(e) the person submits the prescribed fee; and

(f) the Registrar is satisfied that the person is not prohibited by this Act from applying for a card.

SNWT 1998,c.21,s.14(3); SNWT 2009, c.13, s.5(1).

Signature

307.3.

A general identification card is not valid until the person named on the card signs it in the space provided for that purpose. SNWT 1998,c.21, s.14(3).

Expiration of general identification card

307.4.

A general identification card expires on the date fixed in accordance with the regulations or on the expiry of a shorter period that may be specified by the Registrar on the card. SNWT 1998,c.21,s.14(3).

Change of name or address

307.5.

(1) Where the person named in a general identification card changes his or her name or address as shown on the card, the person shall, within 15 days after the change, notify the Registrar

(a) in respect of a change of name, of the old and new name; and

(b) in respect of a change of address, of the old address and the new address in the Northwest Territories.

New general identification card

(2) On receipt of a notice referred to in subsection (1), and the Registrar being satisfied that the information contained in the notice is complete and correct, the Registrar may issue a new general identification showing the new name or address. SNWT 1998,c.21,s.14(3); SNWT 2009, c.13, s.5(1).

Replacement general identification card

307.6.

(1) Where a general identification card is lost, stolen or destroyed or becomes illegible, the person named in the card may apply for a replacement.

Requirements

(2) The Registrar may issue a replacement general identification card to a person who applies under subsection (1) if the person

(a) submits a completed application to the Registrar; and

(b) pays to the Registrar the prescribed fee for the replacement card.

SNWT 1998,c.21,s.14(3); SNWT 2014,c.4,s.37.

CANCELLATION

Error in general identification

307.7.

(1) Where a general identification card is issued that contains an error, the Registrar may

(a) issue a corrected card;

(b) cancel the erroneous card; and

(c) personally serve or send the corrected card by registered mail to the person named in the card.

Return of erroneous general identification card

(2) A person who receives a corrected general identification card shall return the erroneous card to the Registrar.

Destruction of general identification card

(3) The Registrar may destroy a general identification card that is returned under subsection (2). SNWT 1998,c.21,s.14(3).

Where application contains false information

307.8.

(1) Where the Registrar issues a general identification card and then comes to believe, on reasonable grounds, that information contained in the application for the card or in a document submitted in support of the application is false or inaccurate, the Registrar may

(a) advise the person named in the card of the Registrar’s belief that the information contained in the application or supporting document is false or inaccurate and the reasons for that belief; and

(b) cancel the card if the person fails to satisfy the Registrar that the information is true and accurate within 30 days of being advised under paragraph (a).

Notice

(2) Where the Registrar cancels a general identification card of a person under subsection (1), the Registrar shall send notice of the cancellation to the person.

Duty after cancellation

(3) On receipt of a notice referred to in subsection (2), the person named in the general identification card cancelled under subsection (1) shall, without delay, deliver or mail the card to the Registrar. SNWT 1998,c.21,s.14(3).

OFFENCES RESPECTING

Restriction on application

307.9.

No person who is named on a valid general identification card shall apply for another card, except for the purpose of renewing the card or obtaining a replacement card under section 307.6. SNWT 1998, c.21,s.14(3).

Allowing another person to use general identification card

307.91.

(1) No person who has been issued a general identification card shall allow another person to use that card.

Using another person’s general identification card

(2) No person shall use a general identification card that has been issued in the name of another person.

Fictitious general identification card

(3) No person, unless authorized by the Minister, shall use a general identification card that has been issued in the name of a person who does not exist. SNWT 1998,c.21,s.14(3).

PART IX

RECORDS OF REGISTRAR

Definitions

307.91.1.

In this Part,

"facial recognition software" means software that measures the unique invariable characteristics of a person’s face; (logiciel de reconnaissance faciale)

"personal information" means personal information as defined in section 2 of the Access to Information and Protection of Privacy Act; (renseignement personnel)

"public body" means

(b) the equivalent of a public body described in paragraph (a) as established under an Act of the Parliament of Canada. (organisme public)

SNWT 2025,c.3,s.3.

Collection of personal information

307.92.

(1) The Registrar may collect personal information only for the purpose of carrying out his or her duties and exercising his or her powers under this or any other Act.

Access to Information and Protection of Privacy Act

(2) Subject to subsection 311(01), personal information collected under subsection (1) is subject to the Access to Information and Protection of Privacy Act. SNWT 2009,c.13,s.34.

Use of identity verification software

307.93.

(1) The Registrar may, in accordance with the regulations, use any prescribed technological means of identity verification including facial recognition software and signature comparisons, to verify or confirm the identity of a person where

(a) the person applies for a driver’s licence or general identification card;

(b) the person renews their driver’s licence or general identification card; or

(c) the person requests that the Registrar change the photograph of the person on their driver’s licence or general identification card or the Registrar changes it.

Prohibition

(2) The Registrar shall not make available any technological means of identity verification including facial recognition software or signature comparisons or information obtained from those technological means to any person within or outside the Northwest Territories, including any police service, department or agency of the Government of the Northwest Territories, unless required to do so by a warrant or court order.

Exception

(3) Notwithstanding subsection (2), if the Registrar reasonably believes that a person has represented themself as another person or is otherwise engaged in identity theft or identity fraud, the Registrar may make available information obtained from any technological means of identity verification including facial recognition software or signature comparisons to a police service without a warrant or court order. SNWT 2025,c.3,s.4.

Reports of contraventions

308.

Notwithstanding the Youth Justice Act, a judge who discharges, convicts or finds a person guilty of an offence against

(a) the Criminal Code in which a judge, by order, prohibits the person from operating a motor vehicle,

(b) this Act, the regulations or bylaws made under Part XII that deal with the operation of a motor vehicle on a highway, or

(b.1) the Public Airports Act in respect of the operation of a motor vehicle on a public airport highway,

shall cause a report to be sent to the Registrar that contains

(c) the name, address, birthdate and the number of the driver’s licence, if any, of the person discharged, convicted or found guilty, and

(d) the law contravened and the day that the offence was committed.

SNWT 2003, c.31,s.96(2); SNWT 2006, c.5, Sch., s.12; SNWT 2009,c.13,s.3(2); SNWT 2011, c.26,s.7.

Requirement to keep

309.

The Registrar shall keep a record of

(a) each certificate, licence plate, driver’s licence, general identification card, permit, notice or document issued by or under the authority of the Registrar under this Act or the regulations, and

(b) each application, notice, report or document submitted to the Registrar under this Act or the regulations,

for a period of five years from the date of issue of the licence plate or document or receipt of the document, as the case may be. SNWT 1998,c.21,s.14(4); SNWT 2015,c.28,s.38.

Destruction of documents

310.

The Registrar may destroy any document or licence plate referred to in paragraph 309(a) that is returned to the Registrar under this Act or the regulations where

(a) the document has expired; or

(b) the Registrar issues a new or replacement document for the document returned.

SNWT 2015,c.28,s.39.

Sections 311, 311.1, 312 and 312.1 prevail

311.

(01) Where there is a conflict or inconsistency between this section or section 311.1, 312 or 312.1 of this Act and any provision of the Access to Information and Protection of Privacy Act, those sections of this Act shall prevail to the extent of the conflict or inconsistency.

Applying for copy of driving record

(1) A person or the person’s agent may apply to the Registrar for a copy of the person’s driving record or a document that is part of the person’s driving record by submitting to the Registrar

(a) an application in a form and manner approved by the Registrar; and

(b) the prescribed fee.

Provision of driving record to person or agent

(1.1) The Registrar shall, on receipt of an application made under subsection (1), provide the person or agent with

(a) a certified copy of the person’s driving record and any document that is part of the person’s driving record that was produced by the Registrar; and

(b) if there are documents in the person’s driving record that were not produced by the Registrar,

(i) a copy of those documents, and

(ii) written confirmation that the copy provided under subparagraph (i) matches the documents contained in the records of the Registrar.

Applying for disclosure

(2) Subject to sections 312 and 312.1, the following persons may apply to the Registrar for a person’s driving record or a document that is part of a person’s driving record:

(a) a person in charge of a government department in an extra-territorial jurisdiction responsible for the registration of motor vehicles and licensing of drivers;

(b) the Attorney General of a Canadian jurisdiction and their agents;

(c) an insurer of the person or the agent of that insurer, except for any document that was issued or received under sections 116.1 to 116.10.

Form of application

(2.1) An application made under subsection (2) must include

(a) an application in a form and manner approved by the Registrar; and

(b) the prescribed fee.

Information sharing agreement

(2.2) Notwithstanding subsection (2.1), if an application under subsection (2) is made by a person who has entered into an information sharing agreement with the Registrar, the application must be made in the manner required by the information sharing agreement.

Disclosure

(2.3) The Registrar may, on receipt of an application made under subsection (2), provide the person with

(a) a certified copy of the person’s driving record and any document that is part of the person’s driving record that was produced by the Registrar; and

(b) if there are documents in the person’s driving record that were not produced by the Registrar,

(i) a copy of those documents, and

(ii) written confirmation that the copy provided under subparagraph (i) matches the documents contained in the records of the Registrar.

Restriction on type of information provided

(3) The Registrar may provide vehicle registration information, including the name, postal and residential address of the owner of a motor vehicle and the year, make, model, series, colour, vehicle identification number and licence plate number of a motor vehicle, to an applicant referred to in subsection (4) or (5).

Request for information without fee

(4) The Registrar may provide the information referred to in subsection (3), on request and without a fee, to an official of a motor vehicle manufacturer or his or her agent, to facilitate the recall of defective vehicles.

Request for information with fee

(5) The Registrar may provide the information referred to in subsection (3), on request and on payment of the prescribed fee, to

(a) a representative of a towing company or garage, for the purpose of locating the owner of an impounded motor vehicle for which storage charges are due;

(b) a lawyer acting in a matter relating directly to the ownership or operation of a motor vehicle;

(c) a representative of a sales, service or rental agency, for the purpose of verifying the ownership or operation of a motor vehicle or facilitating the collection of outstanding fees or other indebtedness arising from the ownership of a motor vehicle;

(d) an official of a financial institution having a legal interest in a motor vehicle, for the purpose of verifying the ownership of a motor vehicle; or

(e) an executor or administrator of an estate, for estate purposes.

Applying for registration history

(5.1) A person may apply to the Registrar for the registration history of a motor vehicle that is contained in the Registrar’s records by submitting to the Registrar

(a) an application in a form and manner approved by the Registrar that includes the vehicle identification number; and

(b) the prescribed fee.

Information sharing agreement

(5.2) If an application under subsection (5.1) is made by a person who has entered into an information sharing agreement with the Registrar, the application must be made in the manner required by the information sharing agreement.

Restriction on type of information provided

(5.3) The Registrar may, on receipt of an application made under subsection (5.1), disclose the following information in respect of the motor vehicle:

(a) description of the motor vehicle;

(b) dates of current and past registrations;

(c) municipality of current and past registrations;

(d) status of the motor vehicle, such as whether it is active, unfit, destroyed or rebuilt;

(e) information about the motor vehicle’s functionality.

Prohibition

(5.4) For greater certainty, the Registrar shall not, in respect of an application made under subsection (5.1), disclose a current or past motor vehicle owner’s personal information.

Request for research purposes with fee

(6) Subject to sections 312 and 312.1, the Registrar may provide information from the records held by the Registrar, except personal information, to a public or private agency for research purposes on request and on payment of the prescribed fee.

Authorized sharing of records

(7) The Registrar may, in respect of any record kept under section 309, share the record with those persons described under subsection (2) for the purposes of

(a) verification of a person’s identity;

(b) authentication of any document submitted by a person; or

(c) confirmation that a person is or is not prohibited from applying for or continuing to hold a card, licence or permit in a jurisdiction.

SNWT 1999, c.21,s.9(2). SNWT 2003,c.14,s.22; SNWT 2009,c.13,s.3(2),35; SNWT 2014,c.4,s.38; SNWT 2015,c.28,s.40; SNWT 2018,c.6, Sch.C,s.14; SNWT 2025,c.3,s.5.

Definition: "law

311.1.

(1) In this section, "law enforcement" includes

(a) policing, including criminal intelligence operations; and

(b) investigations and proceedings that could result in the imposition of a penalty or sanction.

Disclosure to law enforcement agency

(2) Subject to sections 312 and 312.1, the Registrar may disclose the following documents and information to a law enforcement agency for law enforcement purposes:

(a) a certificate of registration;

(b) a registration detail document; and

(c) a person’s driving record, or a document that is part of a person’s driving record.

SNWT 2018,c.6, Sch.C,s.15.

Request for research and statistical purposes

311.2.

(1) Subject to sections 312 and 312.1, a public body of the Government of the Northwest Territories or the Government of Canada may apply to the Registrar for information contained in the Registrar’s records, by submitting to the Registrar

(a) an application in a form and manner approved by the Registrar, including a signed agreement that the information will be used exclusively for research or statistical purposes that are in the public interest; and

(b) the prescribed fee.

Information sharing agreement

(2) If an application made under subsection (1) is made by a public body who has entered into an information sharing agreement with the Registrar, the application must be made in the manner required by the information sharing agreement.

Disclosure of personal information

(3) Personal information may only be disclosed, in respect of an application made under subsection (1), if

(a) the Registrar is satisfied that the research or statistical purposes for which the information is sought cannot reasonably be accomplished unless the information is provided in individually identifiable form; and

(b) an information sharing agreement between the Registrar and the public body making the application is in effect.

Conditions on disclosure

(4) An information sharing agreement referred to in subsection (3) must include conditions satisfactory to the Registrar respecting

(a) security and confidentiality;

(b) the removal or destruction of individual identifiers at the earliest reasonable time;

(c) the prohibition of any subsequent use or disclosure of that information in individually identifiable form; and

(d) data correction, retention and destruction.

Restriction on personal information disclosed

(5) The following information must not be disclosed under an information sharing agreement:

(a) photograph;

(b) signature;

(c) licence status;

(d) licence class;

(e) vehicle ownership.

Prohibition

(6) A public body that receives personal information under this section may only disclose the information in an aggregate form or a form that does not include personal information as defined in section 2 of the Access to Information and Protection of Privacy Act.

No further disclosure

(7) If the Registrar becomes aware that a public body has failed to comply with a condition of an information sharing agreement under this section, the Registrar shall not disclose any further personal information to the public body unless the public body satisfies the Registrar that the public body is in compliance with the information sharing agreement.

Application

(8) For greater certainty, subsection 49(1) of the Access to Information and Protection of Privacy Act applies to this section. SNWT 2025,c.3,s.6.

Definition: "record"

312.

(1) In this section, "record" means a record as defined in the Youth Justice Act.

Records to be kept separate

(2) The Registrar shall keep every record received under the Youth Justice Act separate from the records of persons who are not young persons within the meaning of either that Act or the Youth Criminal Justice Act (Canada).

Records not to be made available

(3) The Registrar shall not knowingly make available for inspection any record received under the Youth Justice Act, or a copy of such a record, unless authorized to do so under that Act.

Records not to be made available

(4) The Registrar shall not knowingly make available for inspection any record received under this Act that relates to a young person, as defined in the Youth Justice Act or a copy of such a record, unless the record is being made available

(a) to a person referred to in subsection 68(1) of the Youth Justice Act, in compliance with the applicable access period set out in subsection 68(2) of that Act; or

(b) for the purposes of section 111 or 114 of this Act.

SNWT 2018,c.6, Sch.C,s.16.

Definition: "record"

312.1.

(1) In this section, "record" means a record as defined in the Youth Criminal Justice Act (Canada).

Records to be kept separate

(2) The Registrar shall keep every record received under the Youth Criminal Justice Act (Canada) separate from the records of persons who are not young persons within the meaning of either that Act or the Youth Justice Act.

Records not to be made available

(3) The Registrar shall not knowingly make available for inspection any record received under the Youth Criminal Justice Act (Canada), or a copy of such a record, unless authorized to do so under that Act. SNWT 2018,c.6, Sch.C,s.16.

Confidentiality of reports

313.

(1) Subject to subsections (1.1), (2) and (3) and section 314, the following are not open to public inspection or admissible in evidence for any purpose in a trial arising out of an accident:

(a) a notice submitted to the Registrar pursuant to section 103;

(b) a medical report submitted to the Registrar pursuant to

(ii) a provision of the regulations, or

(iii) a condition of a driver’s licence;

(c) a report or information submitted to the Registrar pursuant to sections 262 to 264;

(d) the report and verdict submitted to the Registrar pursuant to section 265.

Exception

(1.1) Subsection (1) does not apply so as to limit the admissibility into evidence of a notice, report, verdict or information referred to in that subsection

(a) to prove compliance with section 103 or 104, the provision of the regulations referred to in subparagraph (1)(b)(ii), the condition of the driver’s licence referred to in subparagraph (1)(b)(iii) or sections 262 to 265, as the case may be; or

(b) in a prosecution of a contravention of section 330.

Exception

(2) On payment of the prescribed fee, the Registrar shall provide the person who is the subject of a notice or medical report referred to in subsection (1), or their agent, with a copy of the notice or report.

Persons entitled to disclosure

(3) The Registrar shall, in respect of a motor vehicle involved in an accident, provide a copy of any reports submitted to the Registrar pursuant to sections 262 to 265 to a person who has paid the prescribed fee and is

(a) a driver, his or her insurer or their agents;

(b) a person named in the certificate of registration issued under the Act or the laws of an extra-territorial jurisdiction or his or her insurer or their agents; or

(c) any other person involved in the accident or his or her insurer or their agents.

Written confirmation

(4) The Registrar shall provide written confirmation that a copy of a notice or report provided under subsection (2) or (3) matches the notice or report contained in the records of the Registrar. SNWT 2009,c.13,s.36; SNWT 2022,c.10,s.21; SNWT 2025,c.3,s.7.

Research

314.

(1) The Registrar may provide persons engaged in highway safety research with a copy of any report or information referred to in subsection 313(1) or with any other information contained in the records of the Registrar.

Duty of researcher

(2) A person who receives copies or other information from the Registrar under subsection (1) shall

(a) keep the identities of the persons referred to in the information confidential; and

(b) not make public the information in a manner that would allow particulars of the information to be identified with a specific person or business.

PART X

ADMINISTRATION

GENERAL

Registrar of Motor Vehicles

315.

(1) The Minister may appoint a Registrar of Motor Vehicles.

Direction of Minister

(2) The Registrar shall perform the duties and exercise the powers of Registrar under the direction of the Minister.

Supervision by Registrar

316.

(1) The Registrar shall supervise all Deputy Registrars, officers and examiners in the performance of their duties and in the exercise of their powers.

Powers

(2) The Registrar may

(a) approve the form of certificates, permits, licence plates, drivers’ licences, general identification cards, applications, reports and notices for use under this Act and the regulations; and

(b) authorize an employee of the Government of the Northwest Territories or a person who has entered into a contract with the Government of the Northwest Territories

(i) to issue anything that the Registrar may issue under this Act or the regulations, or

(ii) to impose terms and conditions on registration permits, in transit permits and drivers’ licences, on behalf of and in accordance with the instructions of the Registrar.

Other duties and powers

(3) The Registrar may perform any of the duties and exercise any of the powers of an officer or examiner. SNWT 1998,c.21,s.14(5); SNWT 2015, c.28,s.41.

Deputy Registrars of Motor Vehicles

317.

(1) The Minister may appoint Deputy Registrars of Motor Vehicles.

Duties and powers

(2) The Minister may, in an appointment of a Deputy Registrar, authorize the Registrar to fix the duties and powers of the Deputy Registrar.

Motor vehicle officers

318.

(1) The Minister may appoint motor vehicle officers.

Motor vehicle officers by virtue of their office

(2) The following are motor vehicle officers by virtue of their office:

(a) members of the Royal Canadian Mounted Police;

(b) enforcement officers as defined in the Public Airports Act, but only within a public airport;

(c) persons appointed by a municipal council to enforce the bylaws of the municipal corporation, but only within the municipality.

SNWT 2009, c.13,s.3(2); SNWT 2015, c.29,s.12(3); SNWT 2024,c.9,s.17(3).

Driver examiners

319.

(1) The Minister may appoint driver examiners.

Driver examiners by virtue of their office

(2) Members of the Royal Canadian Mounted Police are by virtue of their office driver examiners. SNWT 2015,c.28,s.42.

Appointment of adjudicators

320.

(1) The Minister may appoint persons to act as adjudicators for a term of two years or as the need arises.

Restriction on appointment

(2) No person shall be appointed under subsection (1) who works in a department of the public service that administers this Act. SNWT 1994, c.33,s.5.

Liability

321.

(1) The Registrar, Deputy Registrars, officers and examiners are not liable in a personal or official capacity for loss or damage caused by anything done or not done by them in good faith in the performance of their duties or in the exercise of their powers.

Government of the Northwest Territories

(2) The Government of the Northwest Territories is not liable for loss or damage caused by anything done or not done in good faith by any of the officials referred to in subsection (1) in the performance of their duties or in the exercise of their powers.

Persons directed by officials

(3) A person acting under the instructions of any of the officials referred to in subsection (1) is not liable to a member of the public for any loss or damage caused by anything done or not done by him or her in good faith in carrying out the instructions.

Exemption

(4) Subsection (3) does not apply to a person acting under the instructions of an examiner while taking a practical driving examination.

Liability of persons preparing assessments and reports

321.1.

(1) A person who conducts an assessment or prepares a report respecting a person who is required to undergo an assessment or complete a program under section 77.1 is not liable for any loss or damage caused by anything done or not done in good faith by the person in respect of the assessment or report.

Liability of persons authorized to install and maintain alcohol ignition interlock devices

(2) A person who installs, maintains or gathers information from an alcohol ignition interlock device or who makes a report to the Registrar in respect of information gathered from an alcohol ignition interlock device is not liable for any loss or damage caused by anything done or not done in good faith by the person in respect of the installation or maintenance of an alcohol ignition interlock device or gathering information from such a device or in respect of a report. SNWT 2003,c.14,s.23.

Form of certificate

322.

Every certificate, permit, licence plate, driver’s licence, general identification card, application, report and notice for use under this Act or the regulations must be in the form approved by the Registrar. SNWT 1998,c.21,s.14(6); SNWT 2015,c.28,s.43.

Notice

323.

(1) Whenever the Registrar gives notice of any matter pursuant to the provisions of this Act or the regulations, the notice must

(a) be personally served on the person to be notified; or

(b) be sent by registered mail to the address of the person to be notified contained in the records of the Registrar and any other address that the Registrar considers appropriate.

Deemed receipt

(2) Where a notice has been sent by registered mail under paragraph (1)(b), the notice shall be deemed to have been received 10 days after the notice is mailed.

Natural justice

324.

The Registrar is bound by the rules of natural justice where, pursuant to this Act, a person appears before the Registrar in respect of a suspension, cancellation or confirmation of a document issued under this Act.

AGREEMENTS

Agreements respecting registration

325.

(1) The Minister may, on behalf of the Government of the Northwest Territories, enter into agreements with the government of any jurisdiction that, with respect to the owners and drivers of motor vehicles or a class of motor vehicles that are registered under the laws of that jurisdiction, exempts those owners and drivers from or alters or adds to the provisions of this Act or the regulations respecting the registration of motor vehicles or licence plates.

Reciprocity of agreements

(2) An agreement referred to in subsection (1) must provide that the rights conferred and obligations imposed on the owners and drivers of motor vehicles described in the agreement that are registered under the laws of the jurisdiction of the government that is a party to the agreement when those motor vehicles are operated in the Northwest Territories, are the rights conferred and obligations imposed on a similar class of owners and drivers of motor vehicles for which a certificate of registration is issued under this Act when those motor vehicles are operated in the jurisdiction of the government that is a party to the agreement. SNWT 2009,c.13,s.5(1); SNWT 2015,c.28,s.44.

Agreements respecting drivers’ licences

326.

(1) The Minister may, on behalf of the Government of the Northwest Territories, enter into agreements with the government of any jurisdiction that, with respect to persons who are named in a drivers’ licences issued under the laws of that jurisdiction, exempts those persons from or alters or adds to the provisions of this Act or the regulations respecting drivers’ licences.

Reciprocity of agreements

(2) An agreement referred to in subsection (1) must provide that the rights conferred and obligations imposed on the persons who are named in a class of driver’s licence issued under the laws of the jurisdiction of the government that is a party to the agreement when those persons operate motor vehicles in the Northwest Territories, are the rights conferred and obligations imposed on persons who are named on a similar class of driver’s licence issued under this Act when those persons operate motor vehicles in the jurisdiction of the government that is a party to the agreement. SNWT 2009,c.13,s.5(1); SNWT 2014, c.4,s.39.

Giving effect to agreement

327.

An exemption, alteration or addition to the provisions of this Act or the regulations respecting the registration of motor vehicles, licence plates or drivers’ licences contained in an agreement made under section 325 or 326 shall, on being prescribed, be given effect. SNWT 2015,c.28,s.45.

Other agreements

328.

(1) Subject to subsection (2), the Minister may, on behalf of the Government of the Northwest Territories, enter into agreements with the government of any jurisdiction respecting

(a) codes of performance standards for the safe operation of vehicles; and

(b) any other matter relating to the operation of vehicles on a highway.

Government of Canada

(2) The Minister and the Commissioner may, on behalf of the Government of the Northwest Territories, enter into agreements described in subsection (1) with the Government of Canada.

PART XI

OFFENCES AND PUNISHMENT

LIABILITY

Liability of owner

329.

(1) The owner of a motor vehicle that is involved in a contravention of sections 5, 6, subsections 16(2), 29(2), 34(2) to (4), sections 36 or 37, subsection 42(2), sections 46 or 47, subsection 48(3) or section 56 is also liable for the contravention.

Defence

(2) In a prosecution under subsection (1), the accused must not be found guilty if he or she proves that the driver of the motor vehicle at the time of the contravention was in possession of the motor vehicle without the consent of the accused.

Due diligence

(3) In a prosecution under subsection (1), the accused may avail himself or herself of the defence of due diligence.

Deemed owner

(4) If a person is named in a certificate of registration, registration permit, in transit permit or short-term permit, then he or she is, in the absence of evidence to the contrary, the owner of the vehicle. SNWT 2015,c.28,s.46.

Presumption of liability of driver and

329.1.

Repealed, SNWT 2015,c.28,s.46.

OFFENCES

False statements

330.

No person shall knowingly

(a) make a false statement in any application, declaration, affidavit, report or other document that is submitted to the Registrar, an officer or an examiner; or

(b) submit a false document to the Registrar, an officer or an examiner.

SNWT 1998,c.21,s.14(7).

Obstructing Registrar, etc.

331.

No person shall

(a) obstruct or interfere with, or

(b) give false information to,

the Registrar, a Deputy Registrar, examiner or an officer in the performance of his or her duties or in the exercise of his or her powers.

Defacing documents

332.

No person shall deface, alter or add to any document issued under this Act or the regulations, unless authorized by this Act or the regulations.

Erecting traffic control device

333.

No person shall place or erect a sign, signal, light, line, marking or device that purports to regulate traffic, unless that person is authorized

(a) by a bylaw made under subsection 346(1); or

SNWT 2006,c.5,Sch.,s.13; SNWT 2009,c.13, s.3(1); SNWT 2015,c.29,s.12(4).

Defacing traffic control devices

334.

No person shall tear down, deface, destroy, cover or in any way change a traffic control device, unless the person has been authorized to do so by the authority responsible for the traffic control device.

Obscuring traffic control device

335.

No person shall attach anything to a traffic control device or erect anything in front of a traffic control device that

(a) interferes with the operation of the device; or

(b) obstructs the view of a person operating a vehicle or a pedestrian of a device when the person or pedestrian is facing the device.

Offence against Act and regulations

336.

Every person who contravenes this Act or the regulations is guilty of an offence and liable on summary conviction to the punishment set out in this Act.

Minimum punishment

337.

Every person who is found guilty of contravening section 36, 37, 259 or 262 is liable to a minimum fine of $500 or to imprisonment for a minimum term of three months or to both.

General punishment

338.

Subject to section 337, every person who is found guilty of an offence under this Act or the regulations is liable to a fine not exceeding $5,000 or to imprisonment for a term not exceeding six months or to both.

EVIDENCE

339.

Repealed, SNWT 2015,c.28,s.47.

Proof of ownership

340.

In a prosecution or in any other proceeding, the fact that a person is named in a certificate of registration is, in the absence of evidence to the contrary, proof that the person is the owner of the motor vehicle described in the certificate.

Tests of equipment

341.

In a prosecution for a contravention of this Act, the regulations or a bylaw made under Part XII, or for a contravention of the Public Airports Act, a certificate stating the result of a test of

(a) the speedometer of a motor vehicle identified in the certificate,

(b) a tuning fork identified in the certificate and used for determining the accuracy of a radar set,

(c) a stop-watch identified in the certificate, or

(d) any other device identified in the certificate and used for or in connection with establishing the speed of vehicles,

that bears a date

(e) in the case of a tuning fork, not more than one year before or after the date of the offence charged, or

(f) in the case of a speedometer, stop-watch or other device used for establishing the speed of vehicles, not more than 30 days before or after the date of the offence charged,

and that purports to be signed by an officer or an enforcement officer under the Public Airports Act is, in the absence of evidence to the contrary, proof of the facts stated in the certificate and may be admitted without proof of the signature or appointment of the person purporting to have signed the certificate. SNWT 2006,c.5,Sch.,s.14; SNWT 2009,c.13, s.3(1).

Evidence of traffic control device

342.

In a prosecution for a contravention of this Act, the regulations or a bylaw made under Part XII, the existence of a traffic control device is, in the absence of evidence to the contrary, proof that the device was placed or erected and its location established under

(a) a bylaw made under subsection 346(1); or

SNWT 2015,c.29,s.12(5).

SNWT 2009,c.13,s.3(2).

PART XII

BYLAWS

343.

Repealed, SNWT 2003,c.22,Sch.D,s.3.

344.

Repealed, SNWT 2003,c.22,Sch.D,s.3.

Posting speed limit

345.

(1) No person shall be convicted of contravening a bylaw of a municipal corporation that establishes a maximum speed limit unless there is a traffic control device that sets out the maximum speed limit that applies to the portion of the highway in which the alleged contravention occurred.

Exception

(2) Subsection (1) does not apply to a person charged with contravening a bylaw of a municipal corporation that establishes a maximum speed limit of 50 km/h. SNWT 2009,c.13,s.3(1).

Authority to erect traffic control

346.

(1) A council may, by bylaw, with respect to a highway,

(a) authorize the location, placement and erection of traffic control devices that it considers necessary;

(b) authorize the maintenance and repair of such traffic control devices; and

(c) delegate to an officer of the municipal corporation the power to establish the location of traffic control devices.

Record

(2) A council shall keep a record of the locations of all traffic control devices established under this section and the record shall be open to public inspection during the normal business hours of the municipal corporation. SNWT 2009,c.13,s.3(1).

Bylaws for control of vehicles and pedestrians bylaw,

347.

(1) Subject to subsection (2), a council may, by bylaw, provide for the regulation and control of pedestrians, vehicles, bicycles, skateboards, ice skates, in-line skates and skis and, without restricting the generality of this power to make bylaws, may, by

(a) restrict and impose conditions on the gross weight of vehicles using a highway for the purpose of protecting that highway;

(b) provide for the establishment and operation of weigh scales and the weighing of vehicles operated on a highway;

(c) restrict and impose conditions on the dimension of vehicles and their loads using a highway;

(d) require persons operating vehicles of a specified gross weight or dimension to obtain a permit before the vehicle may be operated on a highway;

(e) classify vehicles for any purpose relating to the use of highways and public places;

(f) prohibit, restrict and regulate the parking of vehicles used for carrying flammable, combustible, explosive or other dangerous material, whether loaded or unloaded, on highways or within a certain distance from any building;

(g) require a vehicle that is carrying flammable, combustible, explosive or other dangerous material to be operated on specified highways or prohibit those vehicles from operating on specified highways;

(h) prohibit the owner of a vehicle or the person in charge of a vehicle from parking or leaving the vehicle on private property without the express or implied consent of the owner or person in lawful possession or control of the property and provide for

(i) the impounding and removal of a vehicle parked or left on the private property, and

(ii) the laying of an information by the owner or person in lawful possession or control of the property against the owner or person in charge of the vehicle for the parking offence;

(i) authorize a person, appointed by a council to enforce the bylaws of the municipal corporation, to place an erasable chalk mark on the tread of a tire of a parked or stopped vehicle for the purpose of enforcing a bylaw regulating the parking of vehicles; establish, operate, control and regulate parking stands and places for parking vehicles on a highway or other public place or on municipal lands designated in the bylaw; assign a parking stand or place to a specific person or persons; prescribe a tariff of fees or charges to be paid by persons using parking stands or places based on the location of the parking stands or places and the class of vehicle using them; grant free use of all or any parking stands or places for all vehicles or a class of vehicle for the period of time that may be specified; provide for the impounding and removal from a highway or other public place of a vehicle in respect of which fees or charges for parking the vehicle have not been paid or of a vehicle parked in contravention of a provision of a bylaw regulating the parking of vehicles on a highway or other public place; permit persons, subject to the conditions and restrictions that may be specified, to park motor vehicles on a highway

(i) adjacent to or in the vicinity of the land on which the persons reside, or

(ii) in a zone or area in which is situated the land on which the persons reside, notwithstanding any general or specific prohibitions or restrictions on parking relating to that highway; define what constitutes objectionable noise by a vehicle, devise a system or method of measuring that noise and prohibit the operation of vehicles that make objectionable noise; regulate parades or processions over and along a highway and prohibit the passage of any parade or procession over a highway unless a permit authorizing the parade or procession has been issued by the municipal corporation; authorize a licence or permit to be issued for the temporary occupation or use of a highway or a portion of a highway where the highway is not required for public use, provided that the licence or permit may be terminated by the municipal corporation on 30 days notice in writing;

(s) prohibit vehicles or classes of vehicles from using a highway for a specified time;

(s.1) specify the circumstances in which a person is permitted, under paragraph 237(2)(b), to ride in the box of a truck; and

(t) require a person who is riding on a bicycle or using a skateboard, ice skates, in-line skates or skis to use personal protective equipment.

Adoption of code of rules or standards

(1.1) A bylaw made under paragraph (1)(t) may, for the purposes of the bylaw, adopt a code of rules or standards for personal protective equipment that has been promulgated by an association, person or body of persons and is available in printed form, and such code of rules or standards may be adopted, in whole or in part or with such variations as may be specified in the bylaw, or as amended from time to time if so specified in the bylaw.

Restrictions on bylaws

(2) A bylaw made under subsection (1) must not

(a) be inconsistent with this Act or the regulations; or

(b) regulate or control any matter covered by Part I or II of this Act.

SNWT 2000, c.5,s.4; SNWT 2001,c.13,s.5.1; SNWT 2009,c.13,s.3.

Punishment for contravention of bylaw

348.

Notwithstanding the Charter Communities Act, the Cities, Towns and Villages Act, the Hamlets Act or the Tłı̨chǫ Community Government Act, a bylaw made under this Part must not set out a punishment for a contravention of the bylaw that exceeds the punishment set out in section 338. SNWT 2004, c.7,Sch.B,s.6.

PART XIII

GENERAL

REGULATIONS

Regulations

349.

The Commissioner, on the recommendation of the Minister, may make regulations

(a) respecting fees or establishing a mechanism for determining fees for certificates, permits, licence plates, drivers’ licences, general identification cards or any other document issued by or under the authority of the Registrar under this Act or the regulations and for the reservation of licence plates and any other service provided by the Registrar under this Act or the regulations;

(a.1) respecting the refund of fees;

(b) prescribing the content of a certificate, permit, licence plate, driver’s licence or general identification card issued under this Act or the regulations and an application, report or notice referred to in this Act or the regulations;

(b.1) setting out the exemptions, alterations or additions to the provisions of this Act or the regulations respecting the registration of motor vehicles, licence plates or drivers’ licences contained in an agreement made under section 325 or 326;

(c) respecting the means by which a person may establish that he or she is the owner of a motor vehicle or a dealer;

(c.1) respecting the standards of financial responsibility for owners of motor vehicles registered in an extra-territorial jurisdiction that are operated in the Northwest Territories and the manner of proving that an owner meets those standards;

(d) respecting minimum limits of liability coverage in motor vehicle liability policies for motor vehicles used as school buses;

(d.1) prescribing conditions applicable to registration permits;

(e) respecting licence plates, including

(i) the establishment of different classes of licence plates and the entitlements and restrictions that apply to each class of licence plate,

(ii) the reservation of licence plates, licence plates in which the applicant selects the letters or numbers that appear on the licence plates, the establishment of eligibility requirements of applicants for each class of licence plate, and the classes of motor vehicles to which only one licence plate may be attached; drivers’ licences, including the establishment of different classes of licences and the entitlements, restrictions and conditions that apply to each class of licence and, without restricting the generality of the foregoing, providing for a graduated driver’s licence system, including provisions that

(A) categorize a class of driver’s licence as a learner’s driver’s licence,

(B) set out the circumstances in which a driver’s licence of any class may be categorized as a probationary driver’s licence,

(C) impose restrictions and conditions on a driver’s licence that is categorized as a learner’s driver’s licence or a probationary driver’s licence, including but not limited to restrictions on the times during which or the area, circumstances or manner in which a person who is named in the driver’s licence may operate a motor vehicle,

(D) establish the minimum period of time that a person named in a driver’s licence that is categorized as a learner’s driver’s licence or a probationary driver’s licence must hold the driver’s licence before he or she is eligible to be issued a driver’s licence that is not categorized as a learner’s driver’s licence or a probationary driver’s licence, and provide that the Registrar may extend the period of time if the person operates a motor vehicle in contravention of a restriction or condition to which the driver’s licence is subject or for other reasons that the Registrar considers appropriate,

(E) empower the Registrar, in specified circumstances or for specified purposes, to exempt unconditionally or on conditions the Registrar considers appropriate, a person who holds a driver’s licence that is categorized as a learner’s driver’s licence or a probationary driver’s licence from any restriction or condition imposed on a driver’s licence of that category, and

(F) restrict or prohibit the holder of a learner’s driver’s licence or probationary driver’s licence from using a restricted electronic device referred to in section 155.1 while operating a motor vehicle;

(ii) the establishment of the theoretical and practical driving examination for each class of licence and the standards for passing those examinations,

(iii) the eligibility of applicants for each class of licence, and

(iv) the expiration of licences; respecting the conditions that the Registrar may require a person to satisfy under section 77.1, including assessments or programs that may be required, the standards for successfully completing any programs, and prescribing fees or establishing a manner of determining fees that may be charged for the assessments or programs, including fees that may be charged by independent contractors; prescribing fees for the reinstatement or issue of a driver’s licence; establishing an alcohol ignition interlock device program including

(i) setting out eligibility criteria and conditions for participating in the program,

(ii) empowering the Registrar to suspend or cancel the driver’s licence of a person who ceases to be eligible to participate or fails to comply with conditions for participating in the program,

(iii) approving alcohol ignition interlock devices,

(iv) providing that the Registrar may authorize any person to install, maintain and remove alcohol ignition interlock devices and to charge fees for those services,

(v) respecting the standards governing the installation, operation and maintenance of alcohol ignition interlock devices and requiring persons authorized to install and maintain the devices to comply with the standards,

(vi) prohibiting a person from tampering with an alcohol ignition interlock device,

(vii) requiring a person who is subject to a condition imposed under subsection 78(2.1) to attend upon a person authorized by the Registrar for the purpose of enabling that person to gather information from the alcohol ignition interlock device,

(viii) governing reports that shall be made to the Registrar by persons authorized by the Registrar in respect of information gathered from alcohol ignition interlock devices, and

(ix) respecting programs of supervision for persons subject to a condition imposed under subsection 78(2.1); respecting medical examinations that applicants or drivers must undergo for particular classes of drivers’ licences, including the standards for passing those examinations and the documentation in respect of those examinations that must be received by the Registrar at the time of application or at any other time; respecting endorsements on a driver’s licence; prescribing guides or codes for the purposes described in subsection 103(2); respecting the medical examination that a person may be required to undergo referred to in section 104;

(g.2) respecting a demerit point system, including

(i) the calculation of points,

(ii) the addition and transfer of points to a driving record and their removal from that record,

(iii) the conditions under which a driver’s licence may be suspended or surrendered to the Registrar as a result of an accumulation of points;

(h) establishing procedures and fees for the conduct of an appeal before an adjudicator;

(h.1) respecting notices of suspension, notices of disqualification and notices of cancellation;

(h.2) respecting temporary driver’s permits;

(h.3) prescribing fees for reviews conducted under sections 116.3, 116.5 and 116.83;

(h.4) respecting conditions on the use or operation of vehicles that are owned, kept or used by dealers, repairers or storers of vehicles, parking lot operators or vehicle wreckers;

(i) prescribing the requirement and use of devices to prevent the theft of motor vehicles;

(i.1) respecting permits to allow exemptions to any provision of the regulations with respect to a vehicle or class of vehicles;

(i.2) prescribing standards for securing the load of a vehicle or combination of vehicles;

(j) respecting the weight that is shown on a certificate of registration, registration permit or in transit permit;

(j.1) respecting limitations, restrictions and conditions on the dimensions and weight of any vehicle or combination of vehicles and their loads operating on a highway;

(k) respecting the restrictions and allowances on the weight of any vehicle or combination of vehicles and their loads during different periods or seasons of the year;

(k.1) respecting the establishment and operation of weigh scales and the weighing of vehicles operated on a highway;

(l) authorizing the Registrar or a person designated by the Registrar

(i) to close in whole or in part, or

(ii) to restrict the speed or weight of vehicles or a combination of vehicles using, a highway within a municipality designated as a primary highway under the Public Highways Act or a highway outside of a municipality for the purpose of preventing serious damage to the highway or ensuring the safety of persons using the highway; respecting the evidence that may be used to prove the weight of any vehicle or combination of vehicles in a prosecution for a contravention of this Act or the regulations; prescribing the weight of vehicles for the purposes of subsection 130(2); prescribing a vehicle or class of vehicles that may be equipped with one or more flashing lights under subsection 132(5); prescribing the slow-moving vehicle sign to be used in accordance with subsection 172(2); respecting the information that is to appear on the outside of vehicles or a class of vehicles; prescribing the signs to be displayed on a school bus; prescribing, for the purposes of section 155.1,

(i) devices or classes of devices as restricted electronic devices,

(ii) users or members of a class of user permitted to use a restricted electronic device and specifying the circumstances in which it may be used,

(iii) persons or classes of persons exempted from the application of that section, and

(iv) prescribing prohibited restricted electronic devices; respecting the design and performance specifications of any vehicle safety item; designating an organization to test and mark its approval on any vehicle safety item and prohibiting the use, installation or sale of any item so specified that is not marked or approved by that testing organization; prohibiting the sale, installation or use of any vehicle safety item or of vehicle safety items that do not meet the prescribed specifications; respecting the requirements for and the installation, maintenance and replacement of vehicle safety items; respecting the means by which a vehicle safety item may be tested to determine if it complies with the requirements of this Act or the regulations and the admission of those test results into evidence in a prosecution of an offence concerning a vehicle safety item; setting out special requirements for taxis, school buses and NSC vehicles with respect to vehicle safety items; prescribing the size and weight of children required to be in a child restraint system and the child restraint system to be used pursuant to paragraph 146(4)(b); exempting any class of motor vehicle or any class of driver or passenger in a motor vehicle from the application of the whole or a part of section 146 or section 155.1; where an unincorporated community has made a request in a form satisfactory to the Minister, specifying the circumstances in which a person is permitted, under paragraph 237(2)(b), to ride in the box of a truck within the community; where an unincorporated community has made a request in a form satisfactory to the Minister, regulating and controlling bicycles, skateboards, ice skates, in-line skates and skis, including requiring persons riding on or using such devices to use specified personal protective equipment; respecting personal property referred to in subsection 302.1(2) that is in or on a motor vehicle that is seized; prescribing fees for reviews conducted under subsection 302.1(13); prescribing how a vehicle is declared to be worthless under section 302.2, including how the value of the vehicle is determined; prescribing the amount that a vehicle is worth to be declared worthless and disposed of under section 302.2; respecting the disposal of a vehicle declared to be worthless under section 302.2;

(w) respecting signs, symbols and words that appear on traffic control devices and the meaning of those signs, symbols and words;

(x.1) authorizing the Registrar or a person designated by the Registrar to assign an identification number to the owner of an NSC vehicle;

(x.2) requiring the owners and drivers of NSC vehicles to keep and maintain prescribed records and documents;

(x.3) authorizing the Registrar or a person designated by the Registrar to

(i) develop and maintain profiles relating to the owners and drivers of NSC vehicles, and

(ii) assign a safety rating to the owners and drivers of NSC vehicles and amend that safety rating;

(x.4) prescribing the information to be contained in profiles relating to the owners and drivers of NSC vehicles;

(x.5) prescribing the information that can be considered by the Registrar or a person designated by the Registrar in assigning a safety rating to the owner or driver of an NSC vehicle, or in amending that safety rating;

(x.6) prescribing repair, maintenance and inspection standards for vehicles;

(x.7) restricting the number of hours a driver may operate an NSC vehicle in a prescribed period, and prescribing rest periods during which a driver may not operate an NSC vehicle;

(x.8) Repealed, SNWT 2014,c.4,s.43(4);

(x.9) Repealed, SNWT 2014,c.4,s.43(4);

(x.10) Repealed, SNWT 2014,c.4,s.43(4); (x.1 1) Repealed, SNWT 2014,c.4,s.43(4);

(x.12) respecting general identification cards, including

(i) the information that the Registrar may require as proof of age or identity for the purposes of paragraph 307.2 (c), and

(ii) the expiration of general identification cards;

(x.13) respecting technological means of identity verification;

(x.14) respecting information sharing agreements under sections 311 and 311.2;

(y) prescribing any matter or thing that by this Act may or is to be prescribed; and

(z) respecting any other matter that the Commissioner considers necessary or advisable for carrying out the purposes and provisions of this Act.

RSNWT 1988,c.44(Supp.),s.11; c.106(Supp.), s.15,16; SNWT 1994,c.14,s.35; SNWT 1994, c.33,s.6; SNWT 1997,c.8,s.21(2); SNWT 1998,c.21,s.14(8); SNWT 2000,c.5,s.5; SNWT 2001,c.13,s.6; SNWT 2003,c.14,s.24; SNWT 2009, c.13, s.4(1),5(1),38; SNWT 2011,c.8,s.18(6); SNWT 2011, c.26,s.11; SNWT 2014,c.4,s.39,43; SNWT 2015,c.28, s.48; SNWT 2016,c.9,s.8; SNWT 2018,c.6,Sch.C,s.17; SNWT 2025,c.3,s.8.

Adoption of rules or standards

350.

(1) Where a code of rules or standards respecting a matter referred to in this Act has been established by an association, person or body of persons and is available in printed form, the Commissioner, on the recommendation of the Minister, may by regulation adopt the code as established or as amended from time to time, and upon adoption the code is in force in the Northwest Territories, in whole or in part or with such variations as may be specified in the regulations.

Publication of notice of adoption

(2) Where a code is adopted under this section, publication in the Northwest Territories Gazette of a notice of adoption identifying the code, stating how copies may be obtained, the extent of its adoption and any variations that have been specified, shall, for the purposes of the Statutory Instruments Act, be deemed sufficient publication without publishing the text of the code adopted in the Northwest Territories Gazette. RSNWT 1988,c.44(Supp.),s.12; SNWT 2000, c.5,s.6; SNWT 2009,c.13,s.39; SNWT 2011, c.26,s.12.

TRANSITIONAL

Bylaws

351.

A bylaw made under the Vehicles Act, R.S.N.W.T. 1974, c.V-2, that is in force immediately before April 1, 1988, continues to be in force to the extent that it is not inconsistent with Part XII of this Act, until it expires, is terminated or is repealed. SNWT 2009,c.13,s.40; SNWT 2024,c.9,s.17(4).

Deeming provision

352.

For the purposes of the administration and enforcement of this Act, a reference in this Act to a specific provision of the Criminal Code is deemed to include any provision of a previous version of the Criminal Code that is substantially similar to that specific provision. SNWT 2018,c.6,Sch.C,s.18.