O. Reg. 278/25: CONDUCT REVIEW PROGRAMS"

O. Reg. 278/25: CONDUCT REVIEW PROGRAMS, Filed November 28, 2025 under Highway Traffic Act, R.S.O. 1990, c. H.8

ontario regulation 278/25

made under the

Highway Traffic Act

Made: November 27, 2025
Filed: November 28, 2025
Published on e-Laws: November 28, 2025
Published in The Ontario Gazette: December 13, 2025

Amending O. Reg. 287/08

(CONDUCT REVIEW PROGRAMS)

1. (1) Paragraph 1 of subsection 2 (1) of Ontario Regulation 287/08 is amended by adding the following new subparagraph:

vi. subsection 41.0.1 (1) of the Act.

(2) Paragraph 2 of subsection 2 (1) of the Regulation is revoked and the following substituted:

2. A person whose driver’s licence has been suspended under a provision of the Act set out in subsection (2).

(3) Paragraph 2 of subsection 2 (1) of the Regulation, as remade by subsection (2), is amended by adding “or of this Regulation” after “of the Act”.

(4) Subsection 2 (2) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

(2) The following provisions of the Act and of this Regulation are set out for the purpose of paragraph 2 of subsection (1):

. . . . .

(5) Subsection 2 (2) of the Regulation is amended by adding the following paragraph:

11. A suspension under Part VIII of this Regulation.

(6) Subsection 2 (3) of the Regulation is revoked.

2. Subsection 5 (2) of the Regulation is amended by striking out “under section 57 of the Act”.

3. Section 12 of the Regulation is amended by adding the following subsection:

(2) The requirement set out in paragraph 4 of subsection (1) shall not be read as prohibiting the use of an ignition interlock device that, in a manner not contemplated by the document described in that paragraph, prevents the motor vehicle from being started or from being driven.

4. Subsection 16 (1) of the Regulation is revoked and the following substituted:

Request for installation to be in writing

(1) A person whom the Registrar has required to participate in an ignition interlock conduct review program may request an authorized person to install the device in the motor vehicle and the request shall be made in writing.

5. Subsection 19.2 (5) of the Regulation is revoked and the following substituted:

(5) This section applies with necessary modifications to a person whose driver’s licence has been suspended under clause 41 (1) (h) of the Act for a second subsequent conviction in respect of an offence described in clause 41 (1) (d) of the Act that was related to impaired driving.

6. Subsection 19.3 (7) of the Regulation is amended by striking out “indefinitely”.

7. The Regulation is amended by adding the following section:

Transitional

19.3.1 Sections 19.2 and 19.3 do not apply to a driver’s licence that is suspended in respect of an offence committed after June 30, 2026.

8. (1) Subsection 20.1 (1) of the Regulation is amended by striking out “under a provision of the Act” and substituting “under a provision of the Act or of this Regulation”.

(2) Subsection 20.1 (2) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

(2) The following provisions of the Act and of this Regulation are set out for the purpose of subsection (1):

. . . . .

(3) Subsection 20.1 (2) of the Regulation is amended by adding the following paragraph:

11. A suspension under Part VIII of this Regulation.

9. The Regulation is amended by adding the following Part:

PART iii.1
IGNITION INTERLOCK LICENCE CONDITION following suspension UNDER SECTION 41 OF THE ACT

Ignition interlock conduct review program

22.1 (1) An ignition interlock conduct review program is established under this Part for a person whose driver’s licence has been suspended under clause 41 (1) (f), (g) or (h) of the Act for an offence described in clause 41 (1) (c) or (d) of the Act that occurs on or after July 1, 2026.

(2) This Part applies, with necessary modifications, to a person who has resided in another province or territory of Canada and who exchanges their driver’s licence from that province or territory for a driver’s licence issued under Part IV the Act, but the reduction of a mandatory installation period under subsection 22.2 (2) or 22.2 (6) of this Regulation does not apply where the Registrar has determined that, following the exchange, the person is not subject to further suspension under clause 41 (1) (f) or (g) of the Act.

(3) This Part applies, with necessary modifications, to a person whose driver’s licence has been suspended under clause 41 (1) (f), (g) or (h) of the Act in respect of an offence described in clause 41 (1) (d) of the Act that was related to impaired driving.

Ignition interlock condition upon reinstatement

22.2 (1) Subject to subsection (2), where a driver’s licence is reinstated after a suspension under clause 41 (1) (f) of the Act for a first conviction, the licence shall be subject to an ignition interlock condition referred to in subsection 11 (1) of this Regulation for at least one year after the reinstatement, and an ignition interlock device shall be installed for at least one year before the condition can be removed.

(2) If the person installs the ignition interlock device within 30 days after the reinstatement of the person’s driver’s licence, the minimum mandatory installation period of the ignition interlock device is reduced to nine continuous months.

(3) The Registrar may extend the period during which the driver’s licence shall be subject to an ignition interlock condition under subsection (1) or (2) by six months if the Registrar is satisfied that,

(a) the ignition interlock device has been tampered with;

(b) the person has failed to comply with section 17; or

(4) A reduction of the mandatory installation period under subsection (2) ceases to apply to a person if they become subject to an extension under subsection (3).

(5) Subject to subsection (6), where a driver’s licence is reinstated after a suspension under clause 41 (1) (g) of the Act for a first subsequent conviction, the licence shall be subject to an ignition interlock condition referred to in subsection 11 (1) for at least three years after the reinstatement, and an ignition interlock device shall be installed for at least three years before the condition can be removed.

(6) If the person installs the ignition interlock device within 30 days after the reinstatement of the person’s driver’s licence, the minimum mandatory installation period of the ignition interlock device is reduced to two continuous years.

(7) A reduction of the mandatory installation period under subsection (2) or (6) ceases to apply to a person if the continuous period of installation required under subsections (2) or (6) is interrupted.

(8) The Registrar may extend the period during which the driver’s licence shall be subject to an ignition interlock condition as described in subsection (5) and (6) by 18 months if the Registrar is satisfied that,

(a) the ignition interlock device has been tampered with;

(b) the person has failed to comply with section 17; or

(9) A reduction of the mandatory installation period under subsection (6) ceases to apply to a person if they become subject to an extension under subsection (8).

(10) Despite subsections (5) and (6), where a person’s driver’s licence has been suspended for a period of three years pursuant to clause 41 (1) (g) of the Act, but only one of the convictions was for an offence described in clause 41 (1) (c) of the Act, the licence shall be subject to an ignition interlock condition referred to in subsection 11 (1) of this Regulation for at least one year after the reinstatement, an ignition interlock device shall be installed for at least one year before the condition can be removed and the mandatory installation period may be reduced or extended in accordance with subsections (1) and (2).

Reduction of indefinite suspension; ignition interlock condition

22.3 (1) Where a driver’s licence has been suspended indefinitely under clause 41 (1) (h) of the Act for a second subsequent conviction, the Registrar may, after 10 years, reduce the period of suspension and reinstate the driver’s licence if the Registrar is satisfied that the person,

(a) has successfully completed the remedial program or programs the person is required to complete under this Regulation;

(b) has successfully completed any examinations that the person is required to complete pursuant to subsection 32 (5) of the Act, including examinations mentioned under clause 15 (1) (e) of Ontario Regulation 340/94 (Drivers’ Licences) made under the Act;

(c) has not pleaded guilty, been found guilty or been convicted under a provision referred to in subsection 42 (1) of the Act during the immediately preceding 10-year period; and

(d) has not contravened the suspension during the immediately preceding 10-year period.

(2) If any of the convictions that resulted in the indefinite suspension under clause 41 (1) (h) of the Act were for an offence described in clause 41 (1) (c) of the Act, the reinstated driver’s licence shall be subject to an ignition interlock condition referred to in subsection 11 (1) of this Regulation for at least six years after the reinstatement, and an ignition interlock device shall be installed for at least six years before the condition can be removed.

(3) The Registrar may extend the period during which the driver’s licence shall be subject to an ignition interlock condition described in subsection (2) by three years if the Registrar is satisfied that,

(a) the ignition interlock device has been tampered with;

(b) the person has failed to comply with section 17; or

Extensions

22.4 (1) The Registrar may extend the mandatory installation period under subsection 22.2 (1) by three months if the Registrar is satisfied that, within the last three months of the period,

(a) the ignition interlock device has analyzed a sample of breath that shows that the driver had a level of blood alcohol concentration greater than the level allowed by the performance standards referred to in section 15; or

(b) the ignition interlock device prompted the driver to provide a breath sample and no sample was provided.

(2) The Registrar may extend the mandatory installation period under 22.2 (5) or 22.3 (2) by six months if the Registrar is satisfied that, within the last six months of the period,

(b) the ignition interlock device prompted the driver to provide a breath sample and no sample was provided.

(3) Where the Registrar is satisfied that the driver’s licence of a person who is subject to an ignition interlock condition under this Part is expired, cancelled or suspended, the Registrar may extend the mandatory installation period under this Part by the same period of time that the driver’s licence was invalid.

(4) A reduction of a mandatory installation period under subsection 22.2 (2) or 22.2 (6) ceases to apply to a person if they become subject to an extension under subsection (3) of this section.

Successful completion of program

22.5 A participant in an ignition interlock conduct review program under this Part completes it successfully if the Registrar is satisfied that,

(a) the authorized person who conducted the installation, inspection and maintenance of the ignition interlock device has reported that the participant successfully completed the program;

(b) the participant has successfully completed the applicable mandatory installation period, including any extension;

(c) on the day of the last appointment for the inspection and maintenance required under section 17, the participant’s driver’s licence is not suspended;

(d) the participant has successfully completed any examinations that the participant is required to complete pursuant to subsection 32 (5) of the Act, including examinations mentioned under clause 15 (1) (e) of Ontario Regulation 340/94 (Drivers’ Licences) made under the Act; and

(e) the participant has successfully completed any remedial measures conduct review program in which the participant was required to participate under Part I.

10. The Regulation is amended by adding the following section:

Licence suspension

27.1 (1) A person’s driver’s licence may be suspended if the Registrar is satisfied that,

(a) the person failed to install an ignition interlock device within 30 days of the date of reinstatement of the person’s driver’s licence under this Regulation;

(b) the ignition interlock device has been tampered with or has been removed without authorization;

(d) the person has failed to comply with section 17; or

(e) the person’s driver’s licence is suspended under section 41 or 42 of the Act.

(2) The suspension of a person’s driver’s licence under subsection (1) shall continue for a period of time that is the same as the period of time for which the driver’s licence suspension under section 41 or 43 of the Act would have continued had the person’s driver’s licence not been reinstated under this Regulation.

(3) The suspension of a person’s driver’s licence under subsection (1) shall continue until such time as the person completes the remedial measures conduct review program under Part I.

(4) A person whose driver’s licence is suspended under subsection (1) is not eligible to re-apply for admission into, or to continue to participate in, an ignition interlock program under this Part, other than for the purposes of complying with subsections 28 (5), 28 (7.3) and 28 (7.6).

11. (1) Subsections 28 (1) to (4) of the Regulation are revoked and the following substituted:

Conditions after reinstatement

(1) Subsections (5) to (7) and subsection (8) apply to a driver’s licence that was suspended in respect of an offence committed before July 1, 2026.

(2) Subsection 28 (5) of the Regulation is amended by striking out “under subsection (1)” and substituting “under subsection 27.1 (1)”.

(3) Section 28 of the Regulation is amended by adding the following subsections:

(7.1) Subsections (7.2) to (8) apply to a driver’s licence that was suspended in respect of an offence committed on or after July 1, 2026.

(7.2) If the driver’s licence of a person required to participate in an ignition interlock conduct review program under subclause 25 (1) (a) (i) has been suspended under subsection 27.1 (1), the Registrar may reinstate the person’s driver’s licence upon completion of the suspension.

(7.3) A driver’s licence reinstated by the Registrar under subsection (7.2) shall be subject to an ignition interlock condition referred to in subsection 11 (1) for at least one year after the reinstatement, and an ignition interlock device shall be installed for at least one year before the condition can be removed.

(7.4) The Registrar may extend the period during which the driver’s licence shall be subject to an ignition interlock condition described in subsection (7.3) by six months if the Registrar is satisfied that,

(a) the ignition interlock device has been tampered with;

(b) the person has failed to comply with section 17;

(7.5) If the driver’s licence of a person required to participate in an ignition interlock conduct review program under subclause 25 (1) (a) (ii) has been suspended under subsection 27.1 (1), the Registrar may reinstate the person’s driver’s licence upon completion of the suspension.

(7.6) A driver’s licence reinstated by the Registrar under subsection (7.5) shall be subject to an ignition interlock condition referred to in subsection 11 (1) for at least three years after the reinstatement, and an ignition interlock device shall be installed for at least three years before the condition can be removed.

(7.7) The Registrar may extend the period during which the driver’s licence shall be subject to an ignition interlock condition described in subsection (7.6) by 18 months if the Registrar is satisfied that,

(a) the ignition interlock device has been tampered with;

(b) the person has failed to comply with section 17; or

(7.8) The Registrar may extend the mandatory installation period described in subsection (7.3) by three months if the Registrar is satisfied that, within the last three months of the period,

(b) the ignition interlock device prompted the driver to provide a breath sample and no sample was provided.

(7.9) The Registrar may extend the mandatory installation period described in subsection (7.6) by six months if the Registrar is satisfied that, within the last six months of the period,

(b) the ignition interlock device prompted the driver to provide a breath sample and no sample was provided.

12. The Regulation is amended by adding the following Part:

PART VI
REDUCTION OF SUSPENSION UNDER SECTION 41.0.1 OF THE ACT

Reduction of indefinite suspension, 25 years

38. (1) Where a driver’s licence has been suspended indefinitely under subsection 41.0.1 (1) of the Act, the Registrar may, after 25 years, reduce the period of suspension and reinstate the driver’s licence if the Registrar is satisfied that the person,

(a) has successfully completed the remedial program or programs the person is required to complete under this Regulation;

(c) has not pleaded guilty, been found guilty or been convicted under a provision referred to in subsection 42 (1) of the Act during the immediately preceding 25-year period; and

(d) has not contravened the suspension during the immediately preceding 25-year period.

(2) Where a driver’s licence is reinstated under subsection (1), the licence shall be subject to an ignition interlock condition referred to in subsection 11 (1) for not less than six years after the reinstatement, and an ignition interlock device shall be installed for a minimum of six years before the condition can be removed.

(a) the ignition interlock device has been tampered with;

(b) the person has failed to comply with section 17; or

(4) The Registrar may extend the mandatory installation period described in subsection (2) by six months if the Registrar is satisfied that, within the last six months of the period,

(b) the ignition interlock device prompted the driver to provide a breath sample and no sample was provided.

Successful completion of program

39. A participant in an ignition interlock conduct review program under this Part completes it successfully if the Registrar is satisfied that,

(a) the authorized person who conducted the installation, inspection and maintenance of the ignition interlock device has reported that the participant successfully completed the program;

(b) the participant has successfully completed the applicable mandatory installation period, including any extension;

(c) on the day of the last appointment for the inspection and maintenance required under section 17, the participant’s driver’s licence is not suspended;

(e) the participant has successfully completed any remedial measures conduct review program in which the participant was required to participate under Part I.

13. The Regulation is amended by adding the following Parts:

PART VII
ZERO-TOLERANCE CONDITION CONDUCT REVIEW PROGRAM FOR DRIVERS CONVICTED OF IMPAIRED DRIVING

Zero-tolerance condition conduct review program

40. A zero-tolerance condition conduct review program is hereby established.

Criteria to participate in program

41. A person may be required to participate in a zero-tolerance condition conduct review program under this Part if an ignition interlock condition referred to in subsection 11 (1) was imposed on the person’s driver’s licence under,

(a) Part III.1 or VI of this Regulation, or

(b) Part IV of this Regulation, in respect of an offence that occurred on or after July 1, 2026,

and the ignition interlock condition no longer applies.

Licence subject to zero-tolerance condition

42. (1) The driver’s licence of a person who is required to participate in the zero-tolerance condition conduct review program under this Part shall be subject, for at least six months, to the condition that,

(a) the person’s blood alcohol concentration level be zero while the person is driving a motor vehicle on a highway; and

(b) there be no drug in the person’s body, as indicated by approved drug screening equipment, as defined in section 320.11 of the Criminal Code (Canada), while the person is driving a motor vehicle on a highway.

(2) Subsections 48.1 (6) to (8), (9) to (12) and (15) of the Act apply to a person who is required to participate in a zero-tolerance condition conduct review program under this Part, with necessary modifications.

Condition extensions, suspension under the Act

43. (1) The Registrar may extend the period during which the driver’s licence shall be subject to the zero-tolerance condition described in subsection 42 (1) by the period for which the driver’s licence was suspended under a provision of the Act set out in subsection 2 (2).

(2) The Registrar may further extend the period during which the driver’s licence shall be subject to the zero-tolerance condition described in subsection 42 (1) by six months after the end of any suspension under a provision of the Act that is set out in subsection 2 (2).

(3) If more than one period of extension of the zero-tolerance condition under subsection (2) applies to a person, the extensions run concurrently.

(4) The Registrar may further extend the period during which the driver’s licence shall be subject to the zero-tolerance condition described in subsection 42 (1) by the length of time that is required for the participant to complete an ignition interlock conduct review program under Part III plus an additional six months.

Successful completion of program

44. A participant in a zero-tolerance condition conduct review program under this Part completes it successfully if the Registrar is satisfied that the participant has completed the period of the zero-tolerance condition, including any extension.

PART VIII
ADMINISTRATIVE LICENCE SUSPENSION FOR ZERO-TOLERANCE CONDITION VIOLATIONS

Definitions

45. In this Part,

“approved drug screening equipment” has the same meaning as in section 320.11 of the Criminal Code (Canada); (“matériel de détection des drogues approuvé”)

“approved instrument” has the same meaning as in section 320.11 of the Criminal Code (Canada); (éthylomètre approuvé)

“approved screening device” has the same meaning as in section 320.11 of the Criminal Code (Canada); (“appareil de détection approuvé”)

“driver’s licence” includes a driver’s licence issued by any other jurisdiction; (“permis de conduire”)

“provincially approved screening device” means,

(a) an approved instrument or an approved screening device, or

(b) a screening device that meets the standards of the Alcohol Test Committee of the Canadian Society of Forensic Sciences. (“appareil de détection approuvé par la province”)

Licence surrendered, zero-tolerance - alcohol

46. (1) Where a driver with a zero-tolerance condition on their driver’s licence imposed under Part VII is driving a motor vehicle on a highway and has complied with a demand under section 320.27 or 320.28 of the Criminal Code (Canada) to provide a sample of breath which, on analysis by a provincially approved screening device, indicates that the driver has alcohol in their body, the police officer shall request the driver to surrender their driver’s licence.

(2) Where a driver with a zero-tolerance condition on their driver’s licence imposed under Part VII is driving a motor vehicle on a highway and has complied with a demand under section 320.27 or 320.28 of the Criminal Code (Canada) to provide a sample of breath which, on analysis by a provincially approved screening device registers “Pass” or otherwise indicates that the driver has no alcohol in their body, but the police officer reasonably suspects that the driver has alcohol in their body, the police officer may, for the purposes of determining compliance with Part VII respecting drivers subject to a zero-tolerance condition, demand that the driver provide within a reasonable time such a sample of breath as, in the opinion of the police officer, is necessary to enable a proper analysis of the breath to be made by means of a provincially approved screening device and, where necessary, to accompany the police officer for the purpose of enabling such a sample of breath to be taken.

(3) Where, upon demand of a police officer made under subsection (2), a driver fails or refuses to provide a sample of breath or provides a sample of breath which, on analysis by a provincially approved screening device, registers “Warn”, “Alert” or “Presence of Alcohol” or otherwise indicates that the driver has alcohol in their body, the police officer shall request the driver to surrender their driver’s licence.

(4) Upon a request being made under subsection (1) or (3), the driver to whom the request is made shall forthwith surrender their driver’s licence to the police officer and, whether or not the driver is unable or fails to surrender the licence to the police officer, their driver’s licence is suspended from the time of the request for,

(a) seven days, in the case of a first suspension under this section;

(b) 14 days, in the case of a second suspension under this section; and

Same

(5) A previous suspension that took effect more than ten years before the current suspension takes effect shall not be taken into account in determining whether the current suspension is a first, second or subsequent suspension for the purpose of subsection (4).

Same

(6) The licence suspension under subsection (4) runs concurrently with a suspension, if any, under section 48, 48.0.1, 48.0.2, 48.0.3, 48.0.4, 48.1, 48.2.1, 48.2.2, 48.3 or 48.3.1 of the Act.

Licence surrendered, zero-tolerance - drug

47. (1) Where a driver with a zero-tolerance condition on their driver’s licence imposed under Part VII is driving a motor vehicle on a highway and has complied with a demand under section 320.27 or 320.28 of the Criminal Code (Canada) to provide a sample of oral fluid which, on analysis by approved drug screening equipment, indicates that the driver has a drug in their body, the police officer shall request the driver to surrender their driver’s licence.

(2) Upon a request being made under subsection (1), the driver to whom the request is made shall forthwith surrender their driver’s licence to the police officer and, whether or not the driver is unable or fails to surrender the licence to the police officer, their driver’s licence is suspended from the time of the request for,

(a) seven days, in the case of a first suspension under this section;

(b) 14 days, in the case of a second suspension under this section;

(3) A previous suspension that took effect more than ten years before the current suspension takes effect shall not be taken into account in determining whether the current suspension is a first, second or subsequent suspension for the purpose of subsection (2).

(4) The licence suspension under this section runs concurrently with a suspension, if any, under section 48, 48.1, 48.0.1, 48.0.2, 48.0.3, 48.0.4, 48.1, 48.2.1, 48.2.2, 48.3 or 48.3.1 of the Act.

(5) Where a police officer is satisfied that a person driving a motor vehicle on a highway is legally authorized to use a drug or drugs for medical purposes, and has that drug or drugs in their body, as indicated by approved drug screening equipment, the officer shall not request that the driver surrender their driver’s licence under subsection (1).

No right to be heard

48. There is no appeal from, or right to be heard before, the suspension of a driver’s licence under this Part.

Application of s. 48.1 of the Act

49. Subsections 48.1 (6) to (8), (9) to (12) and (15) of the Act apply to this Part, with necessary modifications.

Commencement

14. (1) Except as otherwise provided in this section, this Regulation comes into force on the later of the day subsection 17 (2) of the Safer Roads and Communities Act, 2024 comes into force and the day this Regulation is filed.

(2) Subsections 1 (1), (2) and (6) and sections 2 and 12 come into force on the later of the day section 6 of the Safer Roads and Communities Act, 2024 comes into force and the day this Regulation is filed.