Motor vehicle restrictions and driver’s licence cancellations are tools used by the Maintenance Enforcement Program (MEP) to encourage debtors to pay their court-ordered support. These actions may be placed when the debtor has arrears (has not made maintenance payments) and has not made an agreement with MEP to make up these payments (a payment arrangement).

Motor Vehicle Restrictions

A motor vehicle restriction does not suspend or cancel a current driver’s licence or registration. Instead, a restriction stops the debtor from getting motor vehicle services provided by the Alberta government through private registry agents.

A full motor vehicle restriction prevents the debtor from renewing their driver’s licence. This means the debtor will not have a valid licence past the next renewal date. A full motor vehicle restriction will also mean a debtor cannot register their vehicle; obtain a driver abstract, picture identification or intransit permit; or transfer ownership of a new vehicle into their name.

MEP normally considers placing a full motor vehicle restriction when the debtor owes at least $100 for more than 30 days.

Once a payment arrangement is made to bring the maintenance account up to date again, MEP may replace the full motor vehicle restriction with a partial restriction. A partial restriction (also known as a limited restriction) allows the debtor to use motor vehicle registry services, including renewing a driver’s licence or registration, for a period of only one year.

Driver’s Licence Cancellations

MEP can also cancel a debtor’s driver’s licence. Licence cancellations are only considered when the debtor is at least 60 days behind in payments and after two warning letters have been sent asking the debtor to make appropriate payment arrangements. Once MEP cancels a licence, the debtor will have no valid licence and cannot legally drive a vehicle.

Section 95(1) of the Traffic Safety Act states the penalties for driving in Alberta with a cancelled operator's licence are:

• For a first offence, a maximum penalty of $2,000. If the penalty is not paid, the person can be put in jail for not less than 14 days and not more than six months.
• For each subsequent offence committed within one year, jail time of not less than 14 days and not more than six months.

Removing a full motor vehicle restriction or driver’s licence cancellation

To have a motor vehicle restriction or licence cancellation removed, the debtor should contact MEP to make payment arrangements. Unless the balance is paid in full, the debtor will need to complete a Statement of Finances. This sworn statement provides current information on the debtor’s income, employment, assets and expenses, and helps MEP negotiate a reasonable payment plan with the debtor.

If arrangements are made and kept with MEP to pay the arrears owing over a period of time, MEP will remove the licence cancellation or full restriction but replace it with a partial motor vehicle restriction, described above.

It may take up to 14 days for MEP to ask the Motor Vehicle Registry to remove a motor vehicle restriction or reinstate a driver’s licence. After MEP removes a licence cancellation, the driver must personally visit a motor vehicle registry before a new licence can be issued.

If they miss payments, debtors are encouraged to contact MEP quickly. By making and keeping payment arrangements with MEP, debtors can avoid collection actions or negotiate to have them removed.