Governments issue driving prohibitions. In each province and territory, there is a government organization (essentially the Department of Motor Vehicles) that is responsible for issuing driver’s licenses. And of course, they also take away driver’s licenses for various reasons. Driving prohibitions can be federal or provincial depending on the type of suspension. And so, it’s not uncommon for people to contact us wondering whether or not they can get a driver’s license in another province or territory and continue to drive despite being suspended. In other words, can you get a license in a different province when you’re suspended from driving or have a driving prohibition in the province that originally issued you your license?
It depends
A common joke in the legal community is that lawyers often answer questions by saying, “It depends.” In each person’s circumstance, there is always some variation or variable. Often, when people pose hypothetical questions to us, they leave out the most important variable. It is noteworthy that people usually understand that that variable is a complicating factor, and they probably don’t want to know the answer.
When it comes to where or when you can drive despite a license suspension, there are a few very important variables.
Court Driving Prohibitions
If you attend court on a criminal charge, such as impaired driving, dangerous driving, or having a prohibited blood-alcohol concentration, and you are convicted of one of those offences, the court will prohibit you from driving. This is also referred to as a disqualification from driving or a suspension from driving. This will be part of the court order at your sentencing. This can happen in provincial court or superior court, that is, the criminal court levels in Canada.
There are mandatory minimum licensed suspensions that happen with certain convictions.
Generally speaking, when the provincial court makes an order, the order applies in the province. But this is not the case when it comes to driving disqualifications for a criminal conviction. That happens because it is written into the Criminal Code as a mandatory minimum, and the court is empowered to make orders that would apply to an individual countrywide. In fact, it’s not even discretionary. If you are found guilty of certain Criminal Code driving offences, the driving prohibition flows automatically. And you cannot get a license in another province, nor can you drive a vehicle contrary to that court order.
It’s important to note that all levels of government have considered this many times over the decades. They have taken steps to ensure that people can’t circumvent a driving prohibition. However, jurisdiction is still limited in some respects, and some types of driving prohibition only apply in the province under which the prohibition was issued.
Provincial driving prohibitions
Criminal Code driving prohibitions are issued under the authority of federal law, that is the Criminal Code. Provincial driving prohibitions are issued under the authority of provincial law, that is provincial legislation. For example, the Motor Vehicle Act in British Columbia enables the government to prohibit a person from driving in a number of ways.
If you have an unsatisfactory driving record in British Columbia, the Superintendent of Motor Vehicles can issue you a driving prohibition. That government office has that power. You may be issued a driving prohibition by a police officer in certain circumstances, such as drinking driving, or refusing to provide a breath sample. This includes the common 90-day Immediate Roadside Prohibition (IRP) often issued in British Columbia for alcohol-related incidents.
There are more complicated steps to it, but you may also be prohibited from driving for failing to pay child support, failing to pay a debt to ICBC, failing to abide by residency requirements regarding holding a valid driver’s license.
And, of course, you can be issued a driving prohibition by the court upon conviction of certain provincial offences. In all of these circumstances, the driving prohibition is only enforceable in the province where the driving prohibition was issued. In other words, if the provincial government, the court, or the police issue you a driving prohibition under the authority of provincial law, then the driving prohibition applies in that province.
The big BUT
It’s important to note that this is not an issue of having a driver’s license. The issue is the boundaries in which a person is prohibited from driving. If you have a valid driver’s license issued to you by the Alberta government but you are prohibited from driving in British Columbia, your valid driver’s license will not help you. In fact, your driver’s license would be considered invalid in British Columbia because you are prohibited from driving in British Columbia.
So if you’re prohibited from driving in British Columbia and you drive across the border with your Saskatchewan, Alberta, Ontario, or Yukon driver’s license, for example, you would still be driving while prohibited. Driving while prohibited is one of the most significant offences in the Motor Vehicle Act in British Columbia. Moreover, prosecutors have the option in some cases of charging people with a Criminal Code offence of Operation While Prohibited even if the driving prohibition arises from provincial legislation. This was a change made to the Criminal Code in 2018 specifically intended to allow the government to come down harder on people who attempt to circumvent the system or disregard the rules.
Another big BUT
People think they’re clever and they decide that they might be able to find a way around that driving prohibition by heading down to the licensing office and getting a license in another province. But provincial governments are not foolish. They share information, and often enough, people are turned away because the governments have internal rules that say they will not issue a driver’s license to someone who cannot lawfully hold a driver’s license in another province.
Now this is not something that is applied universally, and this is where the “it depends” consideration comes into play. However, it is not uncommon for people to be turned away. In some circumstances where a license may be issued before all the computers are updated, which is increasingly rare, the provincial regulatory authority, in B.C. the Superintendent of Motor Vehicles, may cancel a license after it was issued if there is a prohibition outstanding in another province.
The last big BUT
If you get in an accident and you are prohibited from driving in some provinces, even if you’re in a different province and you’ve managed to somehow get your hands on a driver’s license, all bets are off if you get into an accident. Insurance companies make money by avoiding paying claims. That $70,000 truck you’re driving? If you get in an accident, they will refuse to repair it. What happens if you injure somebody else in an accident? The clever lawyers acting for the injured parties will come and sue you directly. If you think they can’t get blood from a stone, think again. You may be paying for the rest of your life just because you thought you were clever and went and got a driver’s license in a different jurisdiction.
What are your real options?
The law has developed over a hundred years to deal with circumstances where people try and get away with driving when they’re suspended from driving. Government offices have long memories and the legal structure to deal with people who are attempting to circumvent the rules.
On the other hand, experienced driving lawyers can usually find a pathway to get you back on the road. It may not be as fast as you would like, but there is usually a set of steps that can get you back to the point of having a valid driver’s license.
Nobody likes to live on the edge of the law. Nobody likes to exist with that threat hanging over their head of some horrible consequences from trying to be cute by getting a license that is of questionable validity.
If you have a driving prohibition or are facing a driving prohibition, the smart thing to do is to call a lawyer who deals with this sort of thing. In British Columbia, we are widely recognized as the leading law firm dealing with driving prohibitions. We will speak to you about your circumstances free of charge and explain some of the pathways for you to get your license back. You can send us a text at 604-685-8889 to set up a time to speak to us, or simply give us a call.
Frequently Asked Questions about Province-Hopping
1. If my license is suspended in BC, can I get a license in Alberta?
Generally, no. Most Canadian provinces, including BC and Alberta, share data through the Inter-provincial Record Exchange (IRE). When you apply for a new license, the registry agent will see your active suspension or prohibition in BC and deny your application. Furthermore, you may be required to sign a declaration stating your driving privileges are not suspended elsewhere. Lying on this form can lead to fraud charges.
2. Can I drive in Ontario with a BC driving prohibition?
If your prohibition stems from a Criminal Code conviction (like a DUI), you are prohibited from driving anywhere in Canada, including Ontario. If it is a provincial prohibition (like an IRP or demerit points), you technically might not be “prohibited” in Ontario, but your BC license is invalid. If you are caught, you could face charges for driving without a valid license, and your insurance would likely be void.
3. What happens if I’m caught driving while suspended in another province?
The consequences are severe. You can face heavy fines (often up to $2,000 or more), immediate vehicle impoundment, and an extension of your original suspension. In many cases, the province you are caught in will report the incident back to BC, leading to the potential of further penalties.
4. Does a 90-day IRP (Immediate Roadside Prohibition) follow me to other provinces?
Yes. RoadSafetyBC records these prohibitions, and they are visible to licensing authorities across Canada. Most provinces will refuse to issue you a local license until the 90 days have passed and you have met all BC reinstatement requirements, such as paying fees or completing the Responsible Driver Program.
5. Will my insurance cover me if I drive in another province with a suspended license?
Almost certainly not. Most insurance policies contain a “Statutory Condition” that requires the driver to be “either authorized by law or qualified to drive.” If you are prohibited from driving in any jurisdiction, your insurance company can deny any claim for property damage or personal injury, leaving you personally liable for hundreds of thousands or even millions of dollars.