Bill C-464

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

First Reading

PDF

	1st Session, 37th Parliament, 49-50-51 Elizabeth II, 2001-2002
	House of Commons of Canada
	BILL C-464
	An Act to amend the Criminal Code (blood alcohol content)
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. The Criminal Code* is amended by adding the following after section 252:**
Operation of motor vehicle while impaired	252.1 Every one commits an offence who operates a motor vehicle or has the care or control of a motor vehicle, whether it is in motion or not, having consumed alcohol in such a quantity that the concentration in the person's blood is more than fifty milligrams of alcohol in one hundred millilitres of blood.
First or second offence	252.2 (1) Subject to subsection (5), despite any provision of this Act or any other Act of Parliament, a first or second offence committed under section 252.1 is deemed to be a contravention within the meaning of the Contraventions Act.
Third or subsequent offence	(2) Every one who commits a third or subsequent offence under section 252.1 is guilty of an offence punishable on summary conviction.
Punishment	(3) Every one who commits an offence under section 252.1 is liable to the following punishment, namely,
	(a) for a first offence, to a fine of three hundred dollars and a prohibition from operating a motor vehicle for forty-five days;
	(b) for a second offence, to a fine of six hundred dollars and a prohibition from operating a motor vehicle for ninety days; and
	(c) for a third or subsequent offence, to
	(i) a minimum punishment of a fine of six hundred dollars and a prohibition from operating a motor vehicle for one year, and
	(ii) a maximum punishment of a lifetime prohibition from operating a motor vehicle and imprisonment for a term of six months.
Offence deemed not to have been committed	(4) If a period of two years has expired after a person has been convicted of a first or second offence under section 252.1 without the person being convicted of another offence under that section or under section 253 or 254,
	(a) the person shall be deemed never to have been convicted of an offence under section 252.1;
	(b) the judicial record of the conviction and any record of the conviction that is in the custody of any department or agency of the Government of Canada shall be kept separate and apart from other criminal records, and no such record shall be disclosed to any person, nor shall the existence of the record or the fact of the conviction be disclosed to any person, without the prior approval of the Solicitor General of Canada; and
	(c) any disqualification to which the person is, by reason of the conviction, subject by virtue of the provisions of any Act of Parliament, or of a regulation made under an Act of Parliament, shall be removed.
Exception	(5) Section 63 of the Contraventions Act does not apply in respect of any offence committed under section 252.1.

Bill C-464

BILL C-464