In December 2018, Canada passed Bill C-46, elevating impaired driving to “serious criminality” by increasing the maximum penalty to 10 years in prison. If your multiple impaired driving offences were prosecuted by indictment after this date, the mandatory wait time for a Record Suspension is 10 years after your sentences are fully completed.
Driving under the influence, formally known in Canada as Impaired Driving, is treated with extreme seriousness by the justice system. For individuals with multiple impaired driving convictions, securing a Record Suspension (formerly a pardon) is essential to rebuilding their lives and securing employment. However, the legal landscape shifted dramatically on December 18, 2018, when the federal government enacted Bill C-46. This legislation revolutionized the Criminal Code, imposing heavier mandatory minimums and raising the maximum penalty for impaired driving from 5 years to 10 years. By raising this maximum, impaired driving crossed the legal threshold into “serious criminality.” Whether you are dealing with a summary conviction in Alberta or an indictable offence in Ontario, understanding how these 2018 law changes affect your eligibility timeline is absolutely vital.
Why Multiple Offences Trigger Heavier Scrutiny
The Parole Board of Canada (PBC) does not treat multiple impaired driving offences lightly. When an applicant has two, three, or more convictions on their record, the Board interprets this as a dangerous pattern of reckless behaviour rather than an isolated lapse in judgment. Therefore, your application must go above and beyond the basic administrative requirements. You must vividly demonstrate ‘sustained rehabilitation’. This means providing glowing character references, proof of attendance at substance abuse programs (like Alcoholics Anonymous or local provincial courses), and a detailed personal statement explaining the lifestyle changes you have made to ensure you never drive under the influence again. Without these proactive steps, the Board can, and will, refuse your application.
Step-by-Step Process for Repeat Offenders in Canada
Navigating a criminal record with multiple convictions requires a meticulous approach. Because the PBC treats repeat offenders with high caution, your application package must be completely flawless.
Step 1: Determining the Date of Your Offences
The pivotal date in modern Canadian law is December 18, 2018. If your impaired driving offences occurred after this date, you are fully subject to the harsh rules of Bill C-46. If your offences occurred prior to this date, you might benefit from older, more lenient transitional provisions regarding “serious criminality” assessments, even if your actual court conviction happened later.
Step 2: Identifying How the Crown Proceeded
You must obtain your official court records to see if the Crown prosecutor proceeded by summary conviction or by indictment. For a summary conviction, the wait time for a Record Suspension remains 5 years. However, if the Crown proceeded by an indictable offence (which is incredibly common for repeat offenders or cases involving motor vehicle collisions), the wait time is a mandatory 10 years due to the serious criminality classification.
Step 3: Clearing All Sentences and Fines
The 5 or 10-year clock does not start on the day you were convicted. It only begins once you have paid every single provincial fine, settled all federal victim surcharges, completed any probation, and finished all mandatory driving prohibitions imposed by the judge. If you forget to pay a $100 victim surcharge, your federal wait time will not begin.
Step 4: Obtaining the Criminal Record and Court Documents
You must get your RCMP criminal record via digital fingerprints. Then, you must contact the exact courthouses where you were convicted (for example, the local courthouse in Edmonton or Halifax) to secure the official Court Informations that prove you have completed your sentences. Finally, submit these alongside a strong statement of rehabilitation to the PBC.
Impact of the 2018 Law Changes on Wait Times
The table below outlines how Bill C-46 changed the landscape for individuals convicted of impaired driving, depending on how the Crown prosecutor elected to treat the charge.
| Offence Date | Crown Election | Mandatory Wait Time |
|---|---|---|
| Before Dec 18, 2018 | Indictable Offence | 5 Years |
| After Dec 18, 2018 | Summary Conviction | 5 Years |
| After Dec 18, 2018 | Indictable Offence | 10 Years |
How Much Does it Cost in Canada?
The administrative costs are standardized federally, but legal representation fees can vary depending on the complexity of your history.
- Parole Board of Canada Fee: $50 CAD.
- RCMP Fingerprinting: Usually $25 to $85 CAD.
- Court / Police Records: Generally $50 to $100 CAD depending on the municipality.
- Law Firm Fees: Retaining a lawyer to navigate a repeat-offender application usually costs between $1,000 and $2,500 CAD.
How Long Does the Process Take?
Building the extensive application package takes about 3 to 6 months. Once accepted, the PBC service standards dictate that summary convictions take up to 6 months to process, while indictable offences take up to 12 months for a final decision.
Frequently Asked Questions (FAQ)
Do I need a lawyer to apply for a Record Suspension?
No, you can self-represent. However, for multiple impaired driving offences, proving “measurable benefit” is significantly harder. A law firm helps present a highly structured, compelling case to avoid refusal.
What counts as completing my sentence?
Your sentence is only complete upon paying the last dollar of your fine, or the very last day of your driving prohibition. The timeline strictly starts the day the absolute final condition is met.
Will the US border see my multiple convictions?
A Canadian Record Suspension is not honored by US Customs. With multiple convictions, you are highly likely to be flagged and will need to apply for a US Entry Waiver to travel south legally.
Does “serious criminality” mean I can be deported?
Yes. If you are a Permanent Resident or a foreign national, a conviction after 2018 for impaired driving can trigger a deportation order from the CBSA, regardless of whether you actually served jail time.
Leave a Reply