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Bill C-18

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2nd Session, 36th Parliament,
48 Elizabeth II, 1999

The House of Commons of Canada

BILL C-18

An Act to amend the Criminal Code (impaired driving causing death and other matters)

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. C-46

CRIMINAL CODE

R.S., c. 32 (4th Supp.), s. 55(1)

1. The definition ``véhicule à moteur'' in section 2 of the French version of the Criminal Code is replaced by the following:

« véhicule à moteur »
``motor vehicle''

« véhicule à moteur » À l'exception du matériel ferroviaire, véhicule tiré, mû ou propulsé par tout moyen autre que la force musculaire .

R.S., c. 27 (1st Supp.), s. 36

2. Subsection 255(3) of the Act is replaced by the following:

Impaired driving causing death

(3) Every one who commits an offence under paragraph 253(a) and thereby causes the death of any other person is guilty of an indictable offence and liable to imprisonment for life .

R.S., c. 27 (1st Supp.), s. 36; 1994, c. 44, s. 13

3. Subsection 256(1) of the Act is replaced by the following:

Warrants to obtain blood samples

256. (1) Subject to subsection (2), if a justice is satisfied, on an information on oath in Form 1 or on an information on oath submitted to the justice under section 487.1 by telephone or other means of telecommunication, that there are reasonable grounds to believe that

    (a) a person has, within the preceding four hours, committed, as a result of the consumption of alcohol or a drug , an offence under section 253 and the person was involved in an accident resulting in the death of another person or in bodily harm to himself or herself or to any other person, and

    (b) a qualified medical practitioner is of the opinion that

      (i) by reason of any physical or mental condition of the person that resulted from the consumption of alcohol or a drug , the accident or any other occurrence related to or resulting from the accident, the person is unable to consent to the taking of samples of his or her blood, and

      (ii) the taking of samples of blood from the person would not endanger the life or health of the person,

the justice may issue a warrant authorizing a peace officer to require a qualified medical practitioner to take, or to cause to be taken by a qualified technician under the direction of the qualified medical practitioner, the samples of the blood of the person that in the opinion of the person taking the samples are necessary to enable a proper analysis to be made in order to determine the concentration, if any, of alcohol or drugs in the person's blood.

1992, c. 1, s 58(1) (Sch. I, s. 11)

4. Subparagraph 553(c)(vii) of the Act is repealed.

COMING INTO FORCE

Coming into force

5. This Act comes into force on a day to be fixed by order of the Governor in Council.

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