Provincial & Territorial Laws

Yes. While only the Federal government has the authority to create criminal offences and to apply criminal penalties and imprison impaired drivers, the provinces and territories are responsible for driver licensing. This enables them to create provincial offences and impose administrative penalties for drinking and driving through provincial/territorial Motor Vehicle Acts. This means that provinces/territories are able to impose driver’s licence suspensions and various administrative penalties for drivers with a blood alcohol concentration (BAC) that is below the criminal level of .08. Almost all jurisdictions have chosen to set a lower BAC limit and it ranges from .04 to .08. Provincial/territorial BAC limits are contained in the table below:

Provincial & Territorial BAC Limits

British Columbia .05
Alberta .05
Saskatchewan .04
Manitoba .05
Ontario .05
Quebec .08
New Brunswick .05
Nova Scotia .05
Newfoundland & Labrador .05
Prince Edward Island .05
Yukon .08
Northwest Territories .05
Nunavut .05

In addition to the criminal penalties imposed by the Courts, administrative penalties may be imposed by the driver licensing agency in each province and territory. These penalties include a roadside driver’s licence suspension and/or an administrative licence suspension. The BAC thresholds and length of suspensions vary from one province/territory to another. These penalties are outlined in the following table:

Provincial & Territorial Penalties for Impaired Driving

Jurisdiction BAC BAC for young and novice drivers Roadside Suspension (hours) Pre-Conviction         Suspension
(days)
Administrative Licence Suspension                            (months)
1st 2nd 3rd +
British Columbia .05 .00 for GDL 24 90 12 36 Indefinite suspension
Alberta .05 .00 for GDL 24 90 12 36 60
Saskatchewan .04 .00 for GDL 24 90 12 36 60
Manitoba .05 .00 for first five years of licence 24 90 12-60 60-120 120-lifetime
Ontario .05 .00 21 & under & GDL 72 90 12 36 Lifetime
Quebec .08 .00 under 21 & learners licence 90 12-36 36-60 60
New Brunswick .05 .00 under 21 & GDL 24 90 12 36 60
Nova Scotia .05 .00 for GDL 24 90 12 36 Indefinite
Newfoundland & Labrador .05 .00 for GDL 24 90 12
120 (for bodily harm)
36
120 (for bodily harm)
60-lifetime (for 4th conviction or death)
Prince Edward Island .05 .00 for GDL 24 90 12 36 60
Yukon .08 .00 for GDL 24 90 12 36 Indefinite
Northwest Territories .05 .00 for GDL 24 90 12 36 60
Nunavut .06 no restrictions 24 90 12 36 60

Source: Transport Canada 2019

A link to more information about the motor vehicle legislation in each province and territory related to impaired driving can be found in the table below.

Jurisdiction Legislation
British Columbia Motor Vehicle Act, R.S.B.C., 1996, c. 318, s. 215
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Alberta Traffic Safety Act, R.S.A., 2001, c. T-6, s. 83-90
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Saskatchewan Traffic Safety Act, S.S., c. T-6, s. 39.2(5)
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Manitoba Highway Traffic Act, S.M., c. H-60, s. 265
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Ontario Highway Traffic Act, R.S.O., 1990, c. H-8, s. 48
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Quebec Highway Safety Code, R.S.Q., c. 24.2, s. 202.1-202.8
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New Brunswick Motor Vehicle Act, R.S.N.B., c. M-17, s. 310
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Nova Scotia Motor Vehicle Act, R.S.N.S., 1989, c. 293, s. 279
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Newfoundland & Labrador Highway Traffic Act, R.S.N.L., 1990, c. H-3, s. 60
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Prince Edward Island Highway Traffic Act, R.S.P.E.I., c. H-5, s. 277.1
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Yukon Motor Vehicles Act, R.S.Y., c. 153, s. 256-257
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Northwest Territories Motor Vehicles Act, S.N.W.T., c. M-16, s. 116
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Nunavut Has yet to pass a Motor Vehicle Act; utilizes the law from the NWT