Canadian Criminal Sentencing/Ancillary Orders/Driving Prohibition Orders

Driving Prohibition
Section 259 requires a mandatory Order of prohibition from driving for offences under s.253, 254, or this section (s.259). The length is as follows:
 * First offence: 1 to 3 years (s.259(1)(a))
 * Second offence: 2 to 5 years (s. 259(1)(b))
 * All subsequent offences: 3 years or more (s. 259(1)(c))

Interlock program is available after:
 * First offence: 3 months from sentence (s.259(1.2)(a)(i))
 * Second offence: 6 months from sentence (s.259(1.2)(a)(ii))
 * All subsequent offences: 12 months from sentence (s.259(1.2)(a)(iii))
 * Or any later time as set by the judge (s.259(1.2)(b))

Section 259(2) allows a discretionary order of prohibition from driving for offences under s. 220, 221, 236, 249, 249.1, 250, 251 or 252 or 255(2) to (3.2). The length is as follows:
 * Offences with max of life sentence or actual life sentence: any duration (s. 259(2)(a), (a1))
 * Offences with max of 10 years: up to 5 years (s.259(2)(b))
 * Any other offences: up to 3 years (s. 259(2)(c))

Street racing mandatory prohibitions in addition to other mandatory orders:
 * First offence: 1 to 3 years (s. 259(3.1)(a))
 * Second offence: 2 to 5 years (s. 259(3.1)(b))
 * Any subsequent offences: 3 years or more (s. 259(3.1)(c))

Bodily harm offences under s. 249.3 or 249.4(3), the mandatory orders are as follows:
 * First Offence: 1 to 10 years
 * Second Offence: 2 to 10 years
 * Any subsequent offences: 3 years or more

Death offences under s. 249.2 or 249.4(4), the mandatory orders are as follows:
 * s.249.2 Offences: 1 year or more
 * s. 249.4(4) offences: 1 to 10 years
 * Any second conviction is life (s. 259(3.4))

A driving prohibition cannot be ordered to be consecutive to another driving prohibition that is already in force. The prohibition must begin at the day the order is made.