Overview
If you are a driver who wishes to dispute your Notice of Administrative Penalty, you can apply for a review through SafeRoads Alberta.
Financial hardship and inconvenience are not grounds for cancellation of your Notice of Administrative Penalty.
An adjudicator cannot consider arguments such as:
- you do not have the financial means to pay for the fines
- you need your vehicle to get to and from work
- you need your vehicle to take your kids to school or a family member to a medical appointment
The grounds to cancel a Notice of Administrative Penalty for an Immediate Roadside Sanction can be found in section 4 of the SafeRoads Alberta Regulation.
Eligibility and costs
To apply for a review, you must apply within 7 days of receiving the Notice of Administrative Penalty.
Costs
- You must pay a non-refundable application fee of $150.
- If you choose to be represented by a lawyer or agent, you are responsible for any costs for the representative.
- If you choose to use an interpreter, you are responsible for any costs for the interpreter.
- If you use a translator, you are responsible for any costs for the translator.
How to apply
At your review
The adjudicator will:
- consider your arguments and representations
- consider all supporting documents provided by you or your representative, as well as:
- documents provided by the law enforcement agency within the required timelines
- technical materials
- the Traffic Safety Act
- the Provincial Administrative Penalties Act
- associated regulations
The adjudicator will then confirm or cancel the Notice of Administrative Penalty in writing within 30 days from the date you were issued your notice.
You will be notified by your preferred contact method when the adjudicator’s decision is available in the SafeRoads portal.
If you did not choose email or text as your preferred method of contact, a copy of the decision will be delivered by mail to the preferred mailing address as identified in the SafeRoads portal. SafeRoads Alberta has no control over Canada Post delivery dates, so you may receive the mailed copy of the decision after the 30 days.
SafeRoads Alberta decisions for impaired driving sanctions are subject to publication on the Canadian Legal Information Institute (CanLII) website.
Judicial review
You may seek judicial review of decisions rendered by SafeRoads Alberta by filing an application with the Court of King’s Bench of Alberta, in accordance with section 24(2) of the Provincial Administrative Penalties Act and serving on the Director no later than 30 days from the date of decision.
If you wish to serve a copy of your Originating Application on the Director by email, visit Service of commencement documents on the Crown for more information.
Request for late review
If you did not apply for a review within 7 days of the date of issuance of your Notice of Administrative Penalty or your review was deemed abandoned, you can submit a request for a late review up to 12 months after the date of the Notice of Administrative Penalty being issued.
To request a late review, you must:
- apply through the SafeRoads portal or at a participating Alberta registry agent
- state the grounds for your request for a late review provided in section 10 of the Provincial Administrative Penalties Regulation
- provide any required supporting documentation
- pay the non-refundable application fee of $50
You will be notified of the decision to accept or deny your request through the SafeRoads portal. If your preferred method of contact is phone, you will be telephoned.
If your request for a late review is approved, the date of the decision will be deemed to be the date of issuance of the Notice of Administrative Penalty. You will have 7 days from this date to apply for a new review.
See Late Review Request: Information Sheet and Late Review: Overview program policy for additional details.
Late evidence application
A late evidence application may be submitted if you have requested a review to be held within the standard 21 day timeline, then abandon the review in order to seek a late review for the purpose of introducing late evidence.
A late evidence application is a type of late review request that is specifically assessed under the prescribed exceptional circumstances set out in Section 10(3)(b) of the Provincial Administrative Penalties Regulation.
A late evidence application should be submitted once the evidence is available up to 12 months from the date the Notice of Administrative Penalty was issued.
Submitting a late evidence application does not guarantee that you will be granted a late review.
See the Late Review: Late Evidence Application Program Policy and the Late Review: Late Review: Late Evidence Application Information Sheet for more information.
To submit your late evidence application:
- apply through the SafeRoads portal or at a participating Alberta registry agent
- provide the reason for your request including how your circumstances satisfy the prescribed exceptional circumstances set out in Section 10(3)(b) of the Provincial Administrative Penalties Regulation
- provide any required supporting documentation including a copy of the late evidence
- pay the non-refundable application fee of $50
You will be notified of the decision to accept or deny your request through the SafeRoads portal. If your preferred method of contact is phone, you will be telephoned.
If your request for a late review to submit late evidence is approved, the date of the decision will be deemed to be the date of issuance of the Notice of Administrative Penalty. You will have 7 days from this date to apply for a new review.
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