Table of contents

Overview

If you are a driver who wishes to dispute your Notice of Administrative Penalty that occurred on or after December 1, 2020, you have the right to apply for a review through SafeRoads Alberta.

If your Notice of Suspension occurred on or before November 30, 2020, you are subject to the former impaired driving laws and the Alberta Transportation Safety Board appeal process.

Requesting an Immediate Roadside Sanctions (IRS) review

To request an IRS (Notice of Administrative Penalty) review, the application and payment process must be done through the SafeRoads portal. To request a review, you must:

  • apply within 7 days of the issuance of the Notice of Administrative Penalty
  • choose if you want a written or oral review
  • select a preferred date and time for your review
  • provide your preferred contact method and contact information
  • agree to the terms and conditions
  • pay the non-refundable fee of $150

Applying for a review does not cancel your Notice of Administrative Penalty. Your driver’s licence suspension and vehicle seizure will remain in effect during the review process.

Hardship is not considered a ground for review.

Representation

If you choose to be represented by a lawyer or an agent, you must complete the Consent to Representation form and upload it to the SafeRoads portal. You must make arrangements for your representative to be available for the review as scheduled and are responsible for any costs for the representative.

SafeRoads Alberta will not release any information to another party without prior consent.

Interpreter

An interpreter can attend your oral review if you need translation to and from the English language.

You must indicate in the SafeRoads portal that an interpreter will attend your review and make arrangements for your interpreter to be available for the review as scheduled. You are responsible for any costs for the interpreter.

Translator

You can use a translator for your written review submission if you need translation to the English language.

You must make arrangements for the translation and submission of your written review as scheduled and are responsible for any costs for the translator.

Scheduling your review

After you submit your request for a review through the SafeRoads portal, you will be contacted by a SafeRoads Alberta representative by your preferred contact method within 2 business days to confirm the details of your review.

Your review will be held within 21 days from the date you were issued your Notice of Administrative Penalty.

Any supporting documents including written documents, pictures, or videos you want to have considered as part of your review must be submitted through the SafeRoads portal at least 2 full calendar days before your scheduled review.

  • Any information submitted beyond this will not be considered during the review.
  • SafeRoads Alberta will only accept supporting documents submitted through the SafeRoads portal.
  • No other forms of submission will be accepted.

Request a late review

You can submit request for a late review up to 12 months after the date that you were issued your Notice of Administrative Penalty.

To request a late review, you must:

  • apply through the SafeRoads portal
  • provide the reason for your request
  • provide any required supporting documentation
  • pay the non-refundable fee of $50

You will be notified of the decision to approve or deny your request in through the SafeRoads portal.

Find out more about late review requests on the Find your notice page.

Changes to your scheduled review

Changes to review type

You can request a change to your review type through the SafeRoads portal.

To change your review type from a written to oral review, you can request changes:

  • within the 7 days of issuance of your Notice of Administrative Penalty
  • one additional time up to 2 full business days before the scheduled review

To change your review type from oral to written, you can request a change up to and including the review date if you have provided a written submission indicating your reasons for disputing your Notice of Administrative Penalty and any supporting documents.

Change to review date or time

You can request a changes to your review date or time through the SafeRoads portal up to 2 business days before your scheduled review:

  • within the 7 days of issuance of your Notice of Administrative Penalty
  • one additional time up to 2 full business days before the scheduled review

The new date must fall within 21 days of issuance of your Notice of Administrative Penalty.

SafeRoads Alberta will work to accommodate your request, but cannot guarantee that additional time slots will be available.

Cancelling your scheduled review

You can cancel up to any time before your scheduled review.

By cancelling your review, you:

  • are confirming your Notice of Administrative Penalty
  • giving up your right to a review
  • will not receive a refund for the fee

Abandoned review

A review is deemed abandoned if you or your representative:

  • do not attend your oral review and do not provide a written submission
  • do not provide any material for a written review

If you have requested an oral review and have submitted all of your supporting documents, but do not attend your oral review, your review will be converted to a written review – the review is not deemed abandoned.

Uploading your supporting documents

You and/or your representative must submit all of your supporting documents through the SafeRoads portal at least 2 full calendar days before the scheduled review.

Supporting documents may include:

  • your written submission
  • photographs
  • video and/or audio recordings
  • witness statement(s)
  • technical materials

SafeRoads Alberta will only accept supporting documents submitted through the SafeRoads portal. No other forms of submission will be accepted.

For more information about supporting documents requirements including accepted file formats and sizes, please see SafeRoads support.

During your review

Your review will take place within 21 days from the date you were issued your Notice of Administrative Penalty. Reviews are conducted as oral (over the telephone or through video-conferencing) or in writing, not in person.

Oral review

If you select an oral review, you or your representative will be given the telephone number or videoconferencing link that will be used at the scheduled review time. It is recommended that you connect a few minutes early to ensure that you have no technological issues. Your review will be 30 minutes in length.

The adjudicator will:

  • listen to your arguments and representations
  • consider all supporting documents provided by you or your representative and the law enforcement agency within the required timelines, as well as technical materials, the Traffic Safety Act, the Provincial Administrative Penalties Act, and associated regulations in order to render their decision to confirm or cancel the Notice of Administrative Penalty

You will not receive a verbal decision at the time of your oral review.

Written review

If you have chosen a written review, you or your representative will provide a written submission with your reasons for disputing the Notice of Administrative Penalty and supporting documents at least 2 full calendar days in advance of the date you requested your review to be considered.
The adjudicator will consider all supporting documents provided by you or your representative and the law enforcement agency, as well as technical materials, the Traffic Safety Act, the Provincial Administrative Penalties Act and associated regulations in order to render their decision to confirm or cancel the Notice of Administrative Penalty.

After your review

After your review is complete, the adjudicator will make their decision to confirm or cancel your Notice of Administrative Penalty in writing within 30 days from the date you were issued your notice.

SafeRoads Alberta decisions are subject to publication on the Canadian Legal Information Institute (CanLII) website.

You will be notified by your preferred contact method when the adjudicator’s decision is available in the SafeRoads portal. The date that the decision is made available on the SafeRoads portal is considered the date the decision was provided to you in accordance with Section 22 of the Provincial Administrative Penalties Act.

If your preferred method of communication is by telephone, a copy of the decision will be delivered by mail to the preferred mailing address as identified in the SafeRoads portal. The Government of Alberta has no control of Canada Post delivery dates so you may receive the mailed copy of the decision after the 30 days.

Judicial review

You may seek judicial review of decisions of rendered by SafeRoads Alberta by filing an application with the Court of Queen’s Bench of Alberta, in accordance with section 24(2) of the Provincial Administrative Penalties Act.

You must serve the notice to SafeRoads Alberta if you request a judicial review within 30 days of receiving notification of the decision.

SafeRoads Alberta will submit the documents used in the review as well as the written decision to the Court of Queen’s Bench of Alberta.

Contact

To connect with SafeRoads Alberta:

SafeRoads Alberta contact form