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An Act to amend the Criminal Code (impaired
driving and related matters)
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[Assented to 17th June, 1999]
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| Preamble
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Whereas the Parliament of Canada
recognizes that impaired driving continues to
pose a very serious threat to the life and health
of Canadians;
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Whereas the Parliament of Canada is
committed to ensuring that the provisions of
the Criminal Code respecting impaired
driving have a sufficient deterrent effect on
potential offenders;
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And Whereas the Parliament of Canada
supports the principle that the sanctions to be
imposed for an offence involving impaired
driving must reflect the gravity of the offence
as well as the degree of responsibility of the
offender;
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Now, Therefore, Her Majesty, by and with the
advice and consent of the Senate and House of
Commons of Canada, enacts as follows:
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| R.S., c. C-46;
R.S., cc. 2, 11,
27, 31, 47, 51,
52 (1st
Supp.), cc. 1,
24, 27, 35
(2nd Supp.),
cc. 10, 19, 30,
34 (3rd
Supp.), cc. 1,
23, 29, 30, 31,
32, 40, 42, 50
(4th Supp.);
1989, c. 2;
1990, cc. 15,
16, 17, 44;
1991, cc. 1, 4,
28, 40, 43;
1992, cc. 1,
11, 20, 21, 22,
27, 38, 41, 47,
51; 1993, cc.
7, 25, 28, 34,
37, 40, 45, 46;
1994, cc. 12,
13, 38, 44;
1995, cc. 5,
19, 22, 27, 29,
32, 39, 42;
1996, cc. 8,
16, 19, 31, 34;
1997, cc. 9,
16, 17, 18, 23,
30, 39; 1998,
cc. 7, 9, 15,
30, 34, 35, 37;
1999, cc. 5,
17
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| 1994, c. 44,
s. 12
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1. Subsection 252(1) of the Criminal Code
is replaced by the following:
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| Failure to stop
at scene of
accident
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252. (1) Every person commits an offence
who has the care, charge or control of a
vehicle, vessel or aircraft that is involved in an
accident with
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(b) a vehicle, vessel or aircraft, or
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(c) in the case of a vehicle, cattle in the
charge of another person,
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and with intent to escape civil or criminal
liability fails to stop the vehicle, vessel or, if
possible, the aircraft, give his or her name and
address and, where any person has been
injured or appears to require assistance, offer
assistance.
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| Punishment
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(1.1) Every person who commits an offence
under subsection (1) in a case not referred to
in subsection (1.2) or (1.3) is guilty of an
indictable offence and liable to imprisonment
for a term not exceeding five years or is guilty
of an offence punishable on summary
conviction.
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| Offence
involving
bodily harm
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(1.2) Every person who commits an offence
under subsection (1) knowing that bodily
harm has been caused to another person
involved in the accident is guilty of an
indictable offence and liable to imprisonment
for a term not exceeding ten years.
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| Offence
involving
bodily harm
or death
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(1.3) Every person who commits an offence
under subsection (1) is guilty of an indictable
offence and liable to imprisonment for life if
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(a) the person knows that another person
involved in the accident is dead; or
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(b) the person knows that bodily harm has
been caused to another person involved in
the accident and is reckless as to whether
the death of the other person results from
that bodily harm, and the death of that other
person so results.
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| R.S., c. 27 (1st
Supp.), s. 36
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2. The portion of subsection 254(3) of the
Act before paragraph (a) is replaced by the
following:
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| Samples of
breath or
blood where
reasonable
belief of
commission
of offence
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(3) Where a peace officer believes on
reasonable and probable grounds that a person
is committing, or at any time within the
preceding three hours has committed, as a
result of the consumption of alcohol, an
offence under section 253, the peace officer
may, by demand made to that person forthwith
or as soon as practicable, require that person
to provide then or as soon thereafter as is
practicable
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| R.S., c. 27 (1st
Supp.), s. 36
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3. Subparagraph 255(1)(a)(i) of the Act is
replaced by the following:
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(i) for a first offence, to a fine of not less
than six hundred dollars,
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4. The Act is amended by adding the
following after section 255:
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| Aggravating
circumstances
for sentencing
purposes
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255.1 Without limiting the generality of
section 718.2, where a court imposes a
sentence for an offence committed under this
Act by means of a motor vehicle, vessel or
aircraft or of railway equipment, evidence that
the concentration of alcohol in the blood of the
offender at the time when the offence was
committed exceeded one hundred and sixty
milligrams of alcohol in one hundred
millilitres of blood shall be deemed to be
aggravating circumstances relating to the
offence that the court shall consider under
paragraph 718.2(a).
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| R.S., c. 32
(4th Supp.),
s. 62(1);
1995, c. 22,
s. 10 (Sch. I,
item 12);
1997, c. 18,
s. 11(1)
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5. (1) Subsection 259(1) of the Act is
replaced by the following:
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| Mandatory
order of
prohibition
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259. (1) When an offender is convicted of
an offence committed under section 253 or
254 or discharged under section 730 of an
offence committed under section 253 and, at
the time the offence was committed or, in the
case of an offence committed under section
254, within the three hours preceding that
time, was operating or had the care or control
of a motor vehicle, vessel or aircraft or of
railway equipment or was assisting in the
operation of an aircraft or of railway
equipment, the court that sentences the
offender shall, in addition to any other
punishment that may be imposed for that
offence, make an order prohibiting the
offender from operating a motor vehicle on
any street, road, highway or other public
place, or from operating a vessel or an aircraft
or railway equipment, as the case may be,
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(a) for a first offence, during a period of not
more than three years plus any period to
which the offender is sentenced to
imprisonment, and not less than one year;
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(b) for a second offence, during a period of
not more than five years plus any period to
which the offender is sentenced to
imprisonment, and not less than two years;
and
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(c) for each subsequent offence, during a
period of not less than three years plus any
period to which the offender is sentenced to
imprisonment.
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| Exception
where
Alcohol
Ignition
Interlock
Program
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(1.1) Notwithstanding paragraph (1)(a),
where the lieutenant governor in council of the
province in which the prohibition order under
paragraph (1)(a) is to be made has established
a program governing the use of an alcohol
ignition interlock device by an offender
convicted of an offence for which the order is
to be made, the minimum period of not less
than one year is reduced to a period of not less
than three months, if the offender participates
in the program during the remainder of the one
year period.
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| R.S., c. 27 (1st
Supp.), s. 36
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(2) Paragraph 259(4)(a) of the Act is
replaced by the following:
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(a) is guilty of an indictable offence and
liable to imprisonment for a term not
exceeding five years; or
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6. Subsection 732.1(3) of the Act is
amended by striking out the word ``and'' at
the end of paragraph (g) and by adding the
following after paragraph (g):
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(g.1) where the lieutenant governor in
council of the province in which the
probation order is made has established a
program for curative treatment in relation
to the consumption of alcohol or drugs,
attend at a treatment facility, designated by
the lieutenant governor in council of the
province, for assessment and curative
treatment in relation to the consumption by
the offender of alcohol or drugs that is
recommended pursuant to the program;
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(g.2) where the lieutenant governor in
council of the province in which the
probation order is made has established a
program governing the use of an alcohol
ignition interlock device by an offender and
if the offender agrees to participate in the
program, comply with the program; and
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| Application of
increased
punishment
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7. Where any penalty or punishment
provided by the Criminal Code is varied by
this Act, the lesser penalty or punishment
applies in respect of any offence that was
committed before the coming into force of
this section.
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| Coming into
force
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8. This Act or any of its provisions or any
provision of the Criminal Code as enacted or
amended by this Act comes into force on a
day or days to be fixed by order of the
Governor in Council.
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