If you have been pulled over for an alleged impaired driving offence in Alberta and handed a Notice of Administrative Penalty (NAP), you are now in the SafeRoads Alberta system. The NAP is the document that triggers the entire administrative penalty process. It sets the suspension start date, the fine amount, the type of Immediate Roadside Sanction issued against you, and most importantly, the seven-day deadline to apply for a review. Missing that deadline is the single most common way drivers lose their right to challenge the penalty.
Davidson Gregory has decades of SafeRoads and Alberta Traffic Safety Board experience across the province. Our SafeRoads lawyers and IRS Fail lawyers represent drivers in Edmonton, Calgary, Red Deer, Fort McMurray, and Grande Prairie, and across Alberta. If you have just received a Notice of Administrative Penalty, call our firm at 780-482-5496 or contact us before your seven-day deadline runs out.
What Is a Notice of Administrative Penalty?
A Notice of Administrative Penalty is the official document issued at the roadside by a peace officer when the officer has determined that a driver has committed a SafeRoads-related offence under the Traffic Safety Act. The NAP is the legal trigger for the administrative penalty system established under the Provincial Administrative Penalties Act. From the moment the NAP is issued, the driver’s licence is suspended, the vehicle may be seized, and the seven-day clock to apply for a review begins to run.
The NAP is not a criminal charge. It is an administrative penalty issued by SafeRoads Alberta, an administrative branch of the Alberta government. The matter is decided by a SafeRoads Alberta adjudicator rather than by a judge in criminal court. Reviews are held by video conference or in writing. They are not held in person.
In some cases, particularly more serious cases involving high blood alcohol concentration, motor vehicle accidents, bodily harm, or refusal to provide a breath sample, a NAP can be issued at the same time as criminal charges under the Criminal Code of Canada. The two systems run independently. A criminal acquittal does not automatically cancel a NAP. A successful SafeRoads review does not automatically end criminal proceedings. Drivers facing both proceedings should obtain advice from an experienced SafeRoads lawyer who also handles parallel criminal cases.
What Information Is on a Notice of Administrative Penalty?
A NAP is typically a multi-page document. The driver receives a copy at the roadside, and a copy is also uploaded to the SafeRoads Alberta portal. The information on the NAP includes:
- The name of the recipient
- The date and time the NAP was issued
- The location of the alleged offence
- The type of Immediate Roadside Sanction issued (Fail, Warn, Refusal, 24-Hour, Novice, or Commercial)
- The licence suspension period and start date
- The vehicle seizure period where applicable
- The fine amount and victim fine surcharge
- The seven-day review application deadline
- The officer’s name and badge information
- Information about the SafeRoads Alberta portal and how to apply for a review
Reviewing the NAP carefully is the first step in any SafeRoads file. Errors in the NAP, missing information, or inconsistencies between the NAP and the supporting police records can sometimes form the basis for arguments to cancel the penalty at the review stage. An experienced SafeRoads lawyer at Davidson Gregory will review the NAP and the supporting disclosure as part of preparing the review.
What Types of IRS Result in a NAP?
A NAP can be issued for any type of Immediate Roadside Sanction. The penalty severity and consequences depend on the type. The major categories are:
- IRS Fail: the most common and most serious. Issued where the officer has reasonable grounds to believe the driver was impaired or had a blood alcohol concentration at or above the criminal threshold. First-offence consequences include a 90-day driving suspension followed by a further 12-month licence suspension that the driver can elect to serve on the Ignition Interlock Program, a $1,000 fine plus victim fine surcharge, and a 30-day vehicle seizure.
- IRS Warn: issued where the driver had a blood alcohol concentration at or above 50 milligrams in 100 millilitres of blood but below the criminal threshold. Penalties escalate sharply for repeat offences.
- Refusal IRS: issued where the driver failed or refused to comply with a breath, blood, or drug demand. Penalties are equivalent to an IRS Fail, but the legal analysis is different and turns on whether a lawful demand was made and whether the driver had a reasonable excuse for not complying.
- IRS 24-Hour: a 24-hour licence suspension issued where the officer suspects medical, physical, alcohol, or drug impairment but the legal threshold for a more serious sanction is not met.
- IRS Novice: issued to drivers in the Graduated Driver’s Licence program where the officer suspects any alcohol or drugs in the body. Zero tolerance applies.
- IRS Commercial: issued to commercial drivers where the officer suspects any alcohol or drugs in the body during operation of a commercial vehicle. Zero tolerance applies.
For a fuller overview of each type of IRS, the consequences of each, and how Davidson Gregory defends each, see our SafeRoads Alberta page.
The 7-Day Review Deadline
The seven-day deadline to apply for a review is the most important date in any SafeRoads file. The deadline runs from the date the NAP was issued, not the date the driver decides to do something about it. Late applications are very rarely accepted, and only in extraordinary circumstances. Once the deadline passes, the penalty is final, regardless of the merits of any defence the driver might have had.
How to apply for a review
Reviews are requested through the SafeRoads Alberta online portal. The application requires a non-refundable review fee of $150. If the driver chooses to be represented by a lawyer, a Consent to Representation form must also be submitted. Once the application is filed, the lawyer handles the formal aspects of the review, including filing supporting documents and presenting the legal arguments to the adjudicator.
Oral or written review
When applying for a review, the driver chooses between an oral hearing and a written submission. Oral hearings are held by videoconference. Written reviews are decided on the documents alone. Each format has advantages depending on the issues in the case. An experienced SafeRoads lawyer can advise on which format gives the best chance of cancellation in any particular case.
When the hearing happens
Reviews are typically scheduled within 21 days of the date the NAP was issued. Supporting documents must be submitted at least two full calendar days before the scheduled review. The adjudicator’s written decision is typically issued within 30 days of the hearing. If the NAP is cancelled, the licence is reinstated, the vehicle seizure ends, and the fine is dropped. If the NAP is confirmed, the penalties stand.
Why the deadline matters
Calling a SafeRoads lawyer the day the NAP is received is the single most important step a driver can take. The seven-day window is short, and meaningful preparation requires time. An experienced SafeRoads lawyer can review the NAP, obtain the supporting police records, identify the strongest grounds for cancellation, and prepare the review in time to meet the deadline.
What Happens If You Do Nothing?
If a driver receives a NAP and takes no action within seven days, the penalty becomes final. The licence remains suspended for the full period, the fine becomes payable in full, and the vehicle seizure stands. The continued suspension that follows the immediate suspension period can in some cases be served on the Ignition Interlock Program if the driver elects to participate; otherwise, the licence remains suspended for the full continued period. Other licence reinstatement conditions may also apply at the end of the suspension.
The NAP also appears on the driver’s Alberta driving record. The notation remains on the record long after the suspension itself has expired. Insurers review driving records when calculating premiums. A confirmed IRS, particularly an IRS Fail, can significantly increase insurance premiums for years and can result in a driver being moved to high-risk insurance pools at substantially higher cost. In some cases, an insurer may decline to renew coverage altogether.
Driving while a SafeRoads suspension is in effect is a separate offence under the Traffic Safety Act. The penalty includes a substantial mandatory fine and an additional driving suspension on top of any existing suspension. Police across Alberta enforce this offence actively. Drivers should not drive during the suspension period under any circumstances unless authorized through the Ignition Interlock Program and operating in compliance with all program conditions.
Common Misconceptions About the NAP
“If I pay the fine, the matter goes away.”
Paying the fine does not make the SafeRoads matter go away. The fine is one component of the penalty. The licence suspension, vehicle seizure, driving record notation, and any other licence reinstatement conditions all apply regardless of whether the fine is paid.
More importantly, paying the fine before challenging the NAP, or during a challenge to the NAP, is treated as an admission of guilt. Payment will forfeit the right to apply for a review or cancel a review that is already underway. Drivers who intend to challenge a NAP should not pay the fine until after the review process has concluded.
Drivers who have already paid the fine are not necessarily out of options, but recovery is not guaranteed. Davidson Gregory has successfully challenged SafeRoads NAPs after a client had already paid the fine, but the post-payment path makes the matter significantly more complex and depends on the specific circumstances of each case. The seven-day deadline to apply for a review still applies. A driver who has paid the fine and is also outside the seven-day window faces an even more difficult position. Drivers in this situation should obtain advice from a SafeRoads lawyer at Davidson Gregory promptly to assess what options, if any, remain in their specific case.
“If I do not respond to the NAP, it will go away.”
The NAP does not go away. Failing to respond means the penalty becomes final at the end of the seven-day window. The suspension, the fine, the vehicle seizure, and the driving record notation all stand. The penalty is then enforced by Alberta Transportation, the courts, and law enforcement. Doing nothing is the worst possible response to a NAP.
“The NAP only matters until the suspension is over.”
A confirmed NAP appears on the driver’s Alberta driving record for 10 years. The driving record notation outlasts the suspension itself, sometimes by many years. Insurance companies, employers conducting driver record checks, and other entities can see the notation long after the immediate consequences have ended.
“I can apply for a review whenever I want.”
The review application must be filed within seven days of the NAP being issued. The deadline is statutory and is enforced strictly. Missing the deadline forecloses the right to challenge the NAP through the SafeRoads review process except in extraordinary cases.
“If I am acquitted of the criminal charge, the NAP will be cancelled too.”
The two systems run independently. A criminal acquittal does not automatically cancel a NAP. The NAP is decided by a SafeRoads adjudicator on a balance of probabilities standard. The criminal charge is decided in criminal court on a beyond a reasonable doubt standard. The two proceedings can produce different outcomes on the same underlying facts.
After the Review
If the NAP is cancelled at the review stage, the penalty is set aside in full. The licence is reinstated, the vehicle seizure ends, and the fine is dropped. The cancellation also keeps the matter off the driver’s Alberta driving record.
If the NAP is confirmed at the review stage, the penalty stands. The driver may apply for judicial review at the Alberta Court of King’s Bench, which is a separate proceeding with its own deadlines and rules. For a fuller discussion of judicial review of SafeRoads decisions, see our blog post on judicial review of SafeRoads decisions.
How Davidson Gregory Handles SafeRoads NAPs
Davidson Gregory has handled hundreds of SafeRoads and predecessor Alberta Traffic Safety Board cases. Our SafeRoads lawyers approach each NAP file with attention to the technical legal arguments that succeed in front of adjudicators. The work begins as soon as the firm is retained and continues through the review and, where appropriate, into judicial review at the Court of King’s Bench.
The grounds to cancel a NAP are set out in the SafeRoads Alberta Regulation and depend on the type of IRS issued. They include technical and procedural matters relating to how the police investigation was conducted, whether the NAP was properly issued, whether the legal requirements for the IRS were met, and whether procedural fairness was respected. Identifying which grounds apply in a particular case, and gathering the evidence to support them, is the work an experienced SafeRoads lawyer does.
The cost of representation in a SafeRoads matter is small compared to the cost of serving the suspension and the long-term effects on insurance and driving privileges. For drivers whose livelihood depends on a clean driving record (commercial drivers, sales professionals, home care workers, construction trades, and others), the value of a successful review is far greater than the legal fees.
Received a Notice of Administrative Penalty? Call Davidson Gregory.
The seven-day review deadline is the single most important date in any SafeRoads file. Davidson Gregory has handled hundreds of SafeRoads and Alberta Traffic Safety Board cases since the predecessor regime. Our IRS Fail lawyers and SafeRoads lawyers represent clients across Edmonton, Calgary, Red Deer, Fort McMurray, and Grande Prairie, and the rest of Alberta. Call our firm at 780-482-5496 or contact us today, before your seven-day deadline runs out.