Bill C-247
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- BILL C-247 BILL C-247
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First Session, Forty-second Parliament, 64-65 Elizabeth II, 2015-2016 |
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HOUSE OF COMMONS OF CANADA |
An Act to amend the Criminal Code (passive detection device)
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FIRST READING, February 26, 2016
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Mr. Sikand |
SUMMARY
This enactment amends the Criminal Code to authorize the use by a peace officer of a passive detection device to detect the presence of alcohol in the immediate vicinity of a person whom the officer has reasonable grounds to believe was, within the preceeding three hours, operating a motor vehicle or having the care or control of a motor vehicle. The enactment also provides that if such a device indicates the presence of alcohol, it establishes reasonable grounds to suspect that the person has alcohol in their body.
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Available on the House of Commons website at the following address:
www.ourcommons.ca
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1st Session, 42nd Parliament, 64-65 Elizabeth II, 2015-2016 |
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HOUSE OF COMMONS OF CANADA |
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BILL C-247 |
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An Act to amend the Criminal Code (passive detection device) |
R.S., c. C-46
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1 (1) Subsection 254(1) of the Criminal Code is amended by adding the following in alphabetical order:
approved passive detection device means a device of a kind that is designed to detect the presence of alcohol in the ambient air and that is approved for the purposes of this section by order of the Attorney General of Canada. (détecteur passif approuvé)
End of inserted block(2) Section 254 of the Act is amended by adding the following after subsection (1):
(1.1) A peace officer may use an approved passive detection device to collect a sample of ambient air from the immediate vicinity of a person whom the officer has reasonable grounds to believe was, within the preceeding three hours, operating a motor vehicle or having the care or control of a motor vehicle, whether it was in motion or not.
End of inserted block(1.2) If an approved passive detection device indicates the presence of alcohol in a sample collected by a peace officer, it establishes reasonable grounds to suspect that the person has alcohol in their body.
End of inserted block2 Subsection 254.1(1) of the Act is amended by striking out “and” at the end of paragraph (b), by adding “and’’ at the end of paragraph (c) and by adding the following after paragraph (c):
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Start of inserted block
(d) prescribing any matter related to the approval, use or maintenance of approved passive detection devices.
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3 Subsections 255(3) and (3.1) of the Act are replaced by the following:
Impaired driving causing death
(3) Everyone who commits an offence under paragraph 253(1)(a) and causes the death of another person as a result is guilty of Insertion start the Insertion end indictable offence Insertion start of vehicular homicide as a result of impairment Insertion end and is liable to imprisonment for life.
Blood alcohol level over legal limit — death
(3.1) Everyone who, while committing an offence under paragraph 253(1)(b), causes an accident resulting in the death of another person is guilty of Insertion start the Insertion end indictable offence of Insertion start vehicular homicide as a result of impairment Insertion end and liable to imprisonment for life.
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Published under authority of the Speaker of the House of Commons
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