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