SafeRoads Alberta Regulation

(Consolidated up to 182/2025) alberta regulation 224/2020 Traffic Safety Act SAFEROADS ALBERTA REGULATION Table of Contents 1 Definitions 2 Records to be provided to recipient for review 2.1 Exception 3 Publication of decisions of adjudicators 4 Grounds to cancel notice of administrative penalty for immediate roadside sanction 5 Interim relief 6 Cancellation of notice of administrative penalty 7 Refunds of review fees 8 Reimbursement of costs and expenses to recipient 9 Extension of payment date for immediate roadside sanction monetary penalties 10 Requirements of notice of administrative penalty 11 Additional conditions for licence reinstatement 12 Calculation of time for reviews 13 Fees for review requests 1 4 Fees for copies of decisions 15 Coming into force Definitions 1 In this Regulation, (a) “Act” means the Traffic Safety Act ; (b) “adjudicator” means adjudicator as defined in the Provincial Administrative Penalties Act ; (c) “administrative penalty” means administrative penalty as defined in the Provincial Administrative Penalties Act ; (d) “analyst” means analyst as defined in section 320.11 of the Criminal Code (Canada); (e) “Director” means Director as defined in the Provincial Administrative Penalties Act ; (f) “notice of administrative penalty” means notice of administrative penalty as defined in the Provincial Administrative Penalties Act ; (g) “officer” means officer as defined in the Provincial Administrative Penalties Act ; (h) “operate a motor vehicle” means operate a motor vehicle as defined in the Use of Highway and Rules of the Road Regulation (AR 304/2002); (i) “operating a commercial vehicle” means operating a commercial vehicle as defined in the Use of Highway and Rules of the Road Regulation (AR 304/2002); (j) “qualified technician” means qualified technician as defined in section 320.11 of the Criminal Code (Canada); (k) “recipient” means recipient as defined in the Provincial Administrative Penalties Act ; (l) “review” means review as defined in the Provincial Administrative Penalties Act ; (m) “SafeRoads Alberta” means the adjudication branch designated under section 9 of the Provincial Administrative Penalties Act to conduct reviews under that Act related to contraventions under the Traffic Safety Act. AR 224/2020 s1;222/2021 Records to be provided to recipient for review 2 Subject to section 2.1, the Director shall provide the following to a recipient on receipt of an application for review: (a) a copy of the notice of administrative penalty; (b) the report of the officer who issued the notice of administrative penalty; (c) if an approved screening device was used as the basis for issuing the notice of administrative penalty, (i) the expiry date of the last annual maintenance performed on the device, and (ii) the date of the last calibration of the device and the expiry date of that calibration for the device; (d) if an approved instrument was used as the basis for issuing the notice of administrative penalty, (i) a copy of the subject test record relating to the test of the recipient, (ii) the date of the last annual maintenance performed on the approved instrument, (iii) the certificate of the analyst certifying the alcohol standard used by the approved instrument, (iv) the alcohol standard change form relating to the last change of the alcohol standard used by the approved instrument and its related print‑outs, (v) if a certificate of qualified technician was produced, the certificate of qualified technician relating to the testing of the recipient, and (vi) if an operational checksheet was produced, the operational checksheet related to the testing of the recipient; (e) if approved drug screening equipment was used as the basis for issuing the notice of administrative penalty, (i) the expiry date of the last annual maintenance of the approved drug screening equipment, (ii) the results of the last calibration or quality assurance check of the equipment, and the expiry date of that calibration or quality assurance check, (iii) any print‑out relating to the analysis of the sample provided by the recipient, and (iv) the date of the expiry of any test kit, cassette or cartridge used to test the recipient; (f) if the recipient was tested by an evaluating officer, (i) a copy of any evaluation sheet used in the testing of the recipient, (ii) a copy of the evaluating officer’s narrative or opinion, and (iii) a copy of the results of tests of any samples of blood, oral fluid or urine taken from the recipient; (g) if the recipient’s blood was analysed, a copy of the results of the analysis of the recipient’s blood; (h) any other relevant records and representations of the officer who issued the notice of administrative penalty or any other officer, including peace officers’ reports that have not been certified, sworn or solemnly affirmed, that are in the opinion of the Director relevant and necessary to determine the basis for issuing the notice of administrative penalty. AR 224/2020 s2;222/2021;111/2023 Exception 2.1 (1) For greater certainty, notwithstanding section 2(h), the Director is not required to (a) provide photographs, video or audio recordings, or any transcript created from video or audio recordings, if any, to a recipient, or (b) confirm whether or not any records exist except those provided by the Director under section 2. (2) This section expires on August 31, 2026. AR 111/2023 s3;116/2023;182/2025 Publication of decisions of adjudicators 3 The Director shall publish decisions of adjudicators on reviews of notices of administrative penalty issued for contraventions of section 88, 88.01, 88.02, 88.03 or 88.1 of the Act. Grounds to cancel notice of administrative penalty for immediate roadside sanction 4 The grounds for an adjudicator to cancel a notice of administrative penalty (a) issued for a contravention of section 88 of the Act are (i) that the recipient did not drive the motor vehicle, (ii) that a notice of administrative penalty was not served on the recipient, or (iii) that the recipient did not have a medical or physical condition that affected the recipient’s physical or mental ability, and that the recipient did not consume alcohol or otherwise introduce into the recipient’s body any alcohol, drug or other substance in such a quantity so as to affect the recipient’s physical or mental ability; (b) issued for a contravention of section 88.01 of the Act are (i) that the recipient did not drive the motor vehicle, (ii) that the recipient was not a novice driver as defined in section 88.01 of the Act, (iii) that a notice of administrative penalty was not served on the recipient, (iv) that the Director did not provide complete records to the recipient as required by section 12 of the Provincial Administrative Penalties Act , (v) that the recipient did not have any alcohol or a drug in the recipient’s body at the time of driving, (vi) that where the officer that issued the notice of administrative penalty did so on the basis of more than one test of a sample of a bodily substance, the officer did not use the lowest reading of the results of the tests as the basis for issuing the notice of administrative penalty, and the lowest reading does not support the issuance of the notice of administrative penalty, (vii) that the approved drug screening equipment, approved instrument or approved screening device used to test the recipient (A) had not been annually maintained, or (B) was outside of its calibration period, (viii) that the officer did not advise the recipient in writing of the right to a roadside appeal under section 88.11 of the Act and the recipient was unaware of that right, or (ix) that the recipient immediately requested a roadside appeal under section 88.11 of the Act and the officer failed to provide the recipient an opportunity to undergo a test in accordance with section 88.11 of the Act; (c) issued for a contravention of section 88.02 of the Act are (i) that the recipient did not operate the commercial vehicle, (ii) that the motor vehicle the recipient was operating was not a commercial vehicle, (iii) that a notice of administrative penalty was not served on the recipient, (iv) that the Director did not provide complete records to the recipient as required by section 12 of the Provincial Administrative Penalties Act , (v) that the recipient did not have any alcohol or a drug in the recipient’s body at the time of operating the commercial vehicle, (vi) that where the officer that issued the notice of administrative penalty did so on the basis of more than one test of a sample of a bodily substance, the officer did not use the lowest reading of the results of the tests as the basis for issuing the notice of administrative penalty, and the lowest reading does not support the issuance of the notice of administrative penalty, (vii) that the approved drug screening equipment, approved instrument or approved screening device used to test the recipient (A) had not been annually maintained, or (B) was outside of its calibration period, (viii) that the officer did not advise the recipient in writing of the right to a roadside appeal under section 88.11 of the Act and the recipient was unaware of that right, (ix) that the recipient immediately requested a roadside appeal under section 88.11 of the Act and the officer failed to provide the recipient an opportunity to undergo a test in accordance with section 88.11 of the Act; (d) issued for a contravention of section 88.03 of the Act are (i) that the recipient did not drive the motor vehicle, (ii) that a notice of administrative penalty was not served on the recipient, (iii) that the Director did not provide complete records to the recipient as required by section 12 of the Provincial Administrative Penalties Act , (iv) that the recipient did not have a blood alcohol concentration equal to or exceeding 50 milligrams of alcohol in 100 millilitres of blood at the time of driving, (v) that where the officer that issued the notice of administrative penalty did so on the basis of more than one test of a sample of a bodily substance, the officer did not use the lowest reading of the results of the tests as the basis for issuing the notice of administrative penalty, and the lowest reading does not support the issuance of the notice of administrative penalty, (vi) that the approved drug screening equipment, approved instrument or approved screening device used to test the recipient (A) had not been annually maintained, or (B) was outside of its calibration period, (vii) that the officer did not advise the recipient in writing of the right to a roadside appeal under section 88.11 of the Act and the recipient was unaware of that right, or (viii) that the recipient immediately requested a roadside appeal under section 88.11 of the Act and the officer failed to provide the recipient an opportunity to undergo a test in accordance with section 88.11 of the Act; (e) issued for a contravention of section 88.1(1)(a) of the Act are (i) that the recipient did not operate the motor vehicle, (ii) that a notice of administrative penalty was not served on the recipient, (iii) that the Director did not provide complete records to the recipient as required by section 12 of the Provincial Administrative Penalties Act , (iv) that the recipient’s ability to operate a motor vehicle was not impaired to any degree by alcohol or a drug or a combination of alcohol and a drug, (v) that the officer did not advise the recipient in writing of the right to a roadside appeal under section 88.11 of the Act and the recipient was unaware of that right, or (vi) that the recipient immediately requested a roadside appeal under section 88.11 of the Act and the officer failed to provide the recipient an opportunity to undergo a test in accordance with section 88.11 of the Act; (f) issued for a contravention of section 88.1(1)(b) of the Act are (i) that the recipient did not operate the motor vehicle, (ii) that a notice of administrative penalty was not served on the recipient, (iii) that the Director did not provide complete records to the recipient as required by section 12 of the Provincial Administrative Penalties Act , (iv) that the recipient did not within 2 hours of ceasing to operate a motor vehicle have a blood alcohol concentration equal to or exceeding 80 milligrams of alcohol in 100 millilitres of blood, (v) that despite having within 2 hours after ceasing to operate a motor vehicle a blood alcohol concentration equal to or exceeding 80 milligrams of alcohol in 100 millilitres of blood, (A) the recipient consumed alcohol after ceasing to operate the motor vehicle, (B) the recipient, after ceasing to operate the motor vehicle, had no reasonable expectation that the recipient would be required to provide a sample of breath or blood, and (C) the recipient’s alcohol consumption is consistent with the recipient’s blood alcohol concentration and with the recipient having had, at the time when the recipient was operating the motor vehicle, a blood alcohol concentration of less than 80 milligrams of alcohol in 100 millilitres of blood, (vi) that where the officer that issued the notice of administrative penalty did so on the basis of more than one test of a sample of a bodily substance, the officer did not use the lowest reading of the results of the tests as the basis for issuing the notice of administrative penalty, and the lowest reading does not support the issuance of the notice of administrative penalty, (vii) that the approved instrument or approved screening device used to test the recipient (A) had not been annually maintained, or (B) was used outside of its calibration period, (viii) that the officer did not advise the recipient in writing of the right to a roadside appeal under section 88.11 of the Act and the recipient was unaware of that right, or (ix) that the recipient immediately requested a roadside appeal under section 88.11 of the Act and the officer failed to provide the recipient an opportunity to undergo a test in accordance with section 88.11 of the Act; (g) issued for a contravention of section 88.1(1)(c) of the Act are (i) that the recipient did not operate the motor vehicle, (ii) that a notice of administrative penalty was not served on the recipient, (iii) that the Director did not provide complete records to the recipient as required by section 12 of the Provincial Administrative Penalties Act , (iv) that the recipient did not within 2 hours of ceasing to operate a motor vehicle have a blood drug concentration that is equal to or exceeds any blood drug concentration for the drug that is prescribed by regulation under the Criminal Code (Canada), (v) that despite having within 2 hours after ceasing to operate a motor vehicle a blood drug concentration that is equal to or exceeds any blood drug concentration for the drug that is prescribed by regulation under the Criminal Code (Canada), (A) the recipient consumed the drug after ceasing to operate the motor vehicle, and (B) the recipient, after ceasing to operate the motor vehicle, had no reasonable expectation that the recipient would be required to provide a sample of a bodily substance, (vi) that where the officer that issued the notice of administrative penalty did so on the basis of more than one test of a sample of a bodily substance, the officer did not use the lowest reading of the results of the tests as the basis for issuing the notice of administrative penalty, and the lowest reading does not support the issuance of the notice of administrative penalty, (vii) that where approved drug screening equipment was used to test the recipient, that equipment (A) had not been annually maintained, or (B) was used outside of its calibration period, (viii) that the officer did not advise the recipient in writing of the right to a roadside appeal under section 88.11 of the Act and the recipient was unaware of that right, or (ix) that the recipient immediately requested a roadside appeal under section 88.11 of the Act and the officer failed to provide the recipient an opportunity to undergo a test in accordance with section 88.11 of the Act; (h) issued for a contravention of section 88.1(1)(d) of the Act are (i) that the recipient did not operate the motor vehicle, (ii) that a notice of administrative penalty was not served on the recipient, (iii) that the Director did not provide complete records to the recipient as required by section 12 of the Provincial Administrative Penalties Act , (iv) that the recipient did not within 2 hours of ceasing to operate a motor vehicle have a blood alcohol concentration and a blood drug concentration that is equal to or exceeds the blood alcohol concentration and the blood drug concentration for the drug that are prescribed by regulation under the Criminal Code (Canada) for instances where alcohol and drugs are combined, (v) that despite having within 2 hours after ceasing to operate a motor vehicle a blood alcohol concentration and a blood drug concentration that is equal to or exceeds the blood alcohol concentration and the blood drug concentration for the drug that are prescribed by regulation under the Criminal Code (Canada) for instances where alcohol and drugs are combined, (A) the recipient consumed the drug or the alcohol or both after ceasing to operate the motor vehicle, (B) the recipient, after ceasing to operate the motor vehicle, had no reasonable expectation that the recipient would be required to provide a sample of a bodily substance, and (C) the recipient’s alcohol consumption is consistent with the recipient’s blood alcohol concentration as determined in accordance with the regulations and with the recipient having had, at the time when the recipient was operating the motor vehicle, a blood alcohol concentration of less than the blood alcohol concentration established under subsection 320.31(1) or (2) of the Criminal Code (Canada), (vi) that where the officer that issued the notice of administrative penalty did so on the basis of more than one test of a sample of a bodily substance, the officer did not use the lowest reading of the results of the tests as the basis for issuing the notice of administrative penalty, and the lowest reading does not support the issuance of the notice of administrative penalty, (vii) that where approved drug screening equipment, an approved instrument or an approved screening device was used to test the recipient, the equipment, instrument or device (A) had not been annually maintained, or (B) was used outside of its calibration period, (viii) that the officer did not advise the recipient in writing of the right to a roadside appeal under section 88.11 of the Act and the recipient was unaware of that right, or (ix) that the recipient immediately requested a roadside appeal under section 88.11 of the Act and the officer failed to provide the recipient an opportunity to undergo a test in accordance with section 88.11 of the Act; (i) issued for a contravention of section 88.1(1)(e) of the Act are (i) that a notice of administrative penalty was not served on the recipient, (ii) that the Director did not provide complete records to the recipient as required by section 12 of the Provincial Administrative Penalties Act , (iii) that the recipient did not know a demand had been made on the recipient under section 320.27 or 320.28 of the Criminal Code (Canada), (iv) that the recipient, knowing that a demand had been made on the recipient under section 320.27 or 320.28 of the Criminal Code (Canada), did not fail or refuse to comply with that demand, or (v) that the recipient, knowing that a demand had been made on the recipient under section 320.27 or 320.28 of the Criminal Code (Canada), did have a reasonable excuse for failing or refusing to comply with that demand, (vi) and (vii) repealed AR 222/2021 s4. AR 224/2020 s4;222/2021 Interim relief 5 The Director may grant interim relief to a recipient, and make the interim relief subject to any terms or conditions that the Director considers appropriate in the circumstances, where (a) the Director has not scheduled a review in accordance with section 15 of the Provincial Administrative Penalties Act , (b) an adjudicator has not provided a copy of the adjudicator's decision to the recipient in accordance with section 22 of the Provincial Administrative Penalties Act , or (c) the Director has extended the periods referred to in section 15 or 22 of the Provincial Administrative Penalties Act . Cancellation of notice of administrative penalty 6 If, after conducting a review respecting a contravention of section 88.01, 88.02, 88.03 or 88.1 of the Act, the adjudicator cancels the notice of administrative penalty in accordance with section 21 of the Provincial Administrative Penalties Act , the Director shall (a) direct the Registrar to cancel any operator’s licence suspension, (b) direct the Registrar to cancel any other conditions for reinstatement of the operator’s licence as set out in the regulations for a contravention of that section, (c) direct the Registrar to release the recipient's motor vehicle from immobilization or seizure, and (d) if a fine and applicable surcharge has already been paid by the recipient, refund the amount of fine and applicable surcharge paid. Refunds of review fees 7 The Director may refund a fee paid for a request for review under section 7 of the Provincial Administrative Penalties Act in exceptional circumstances as prescribed under that Act or at the discretion of the Director. Reimbursement of costs and expenses to recipient 8(1) Where a notice of administrative penalty is cancelled, on application by a recipient, the law enforcement agency that issued the notice shall, subject to subsection (2), refund any seizure costs referred to in section 63 of the Act associated with seizure of the recipient’s motor vehicle. (2) The maximum amount of costs to be refunded is the lesser of the costs accumulated (a) at the end of 48 hours after receipt by the recipient of the cancellation notice from the Director, or (b) up to the expiry of the seizure period. Extension of payment date for immediate roadside sanction monetary penalties 9 (1) Subject to subsection (2), a recipient has 90 days to pay a fine imposed pursuant to a notice of administrative penalty. (2) A recipient may apply before the 90 days referred to in subsection (1) expire for additional time to pay the fine. (3) The Director can extend the time referred to in subsection (1) for an additional 90 days. (4) The recipient may apply for a further extension before the 90 days referred to in subsection (2) expires, and the Director has absolute discretion on whether to allow that extension. Requirements of notice of administrative penalty 10 In addition to the content satisfactory to the Minister responsible under section 16 of the Government Organization Act for the Provincial Administrative Penalties Act , a notice of administrative penalty must contain the following: (a) in respect of a notice of administrative penalty issued for a contravention of section 88.01, 88.02, 88.03 or 88.1 of the Act, (i) a statement of the right of the recipient to a roadside appeal of the notice under section 88.11 of the Act, (ii) a statement indicating that there may be additional conditions for reinstatement of the recipient’s operator’s licence, (iii) a statement indicating the recipient’s operator’s licence has been immediately suspended and the length of that suspension, (iv) a statement indicating that the motor vehicle driven by the recipient will be immediately seized and the length of that seizure, and (v) the website address for SafeRoads Alberta; (b) in respect of a notice of administrative penalty issued for a contravention of section 88.01, 88.03 or 88.1 of the Act, a notice of seizure of a motor vehicle that complies with the requirements of the Vehicle Seizure and Removal Regulation (AR 251/2006) respecting the contents of a seizure notice. Additional conditions for licence reinstatement 11 The additional conditions for reinstatement of an operator’s licence suspended (a) for 2nd and subsequent contraventions by a recipient of section 88.03 of the Act is the completion of a mandatory education course required by the Registrar, and (b) for the first or 2nd contravention by a recipient of section 88.1 of the Act is the completion of a mandatory education course required by the Registrar. Calculation of time for reviews 12 (1) If the date for submitting a request for review falls on a weekend day or holiday, the request is still due that day. (2) Materials for a review must be provided at least two clear days before the date of the review. Fees for review requests 13 (1) The non‑refundable fee for a request for review under section 7 of the Provincial Administrative Penalties Act of a notice of administrative penalty for a contravention of section 88, 88.01, 88.02, 88.03 or 88.1 of the Act is $150. (2) The non‑refundable fee for a request for a late review under section 20 of the Provincial Administrative Penalties Act of a notice of administrative penalty for a contravention of section 88, 88.01, 88.02, 88.03 or 88.1 of the Act is $50. AR 224/2020 s13;222/2021 Fees for copies of decisions 14 The Director may charge the following fees: (a) for a copy of an adjudicator's decision on a review under section 7 of the Provincial Administrative Penalties Act of a notice of administrative penalty for a contravention or other public document maintained by the Director, $2 per page; (b) for a certified copy of a decision, $15. AR 224/2020 s14;222/2021 Coming into force 15 This Regulation has effect on the coming into force of section 44(66) of the Provincial Administrative Penalties Act .