Bill C-301

1st Session, 39th Parliament,

55 Elizabeth II, 2006

house of commons of canada

BILL C-301

An Act to amend the Criminal Code (blood alcohol)

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

1. Paragraph 253(b) of the Criminal Code is replaced by the following:

(b) having consumed alcohol in such a quantity that the concentration in the person's blood exceeds fifty milligrams of alcohol in one hundred millilitres of blood.

2. Paragraph 258(1)(d.1) of the Act is replaced by the following:

(d.1) where samples of the breath of the accused or a sample of the blood of the accused have been taken as described in paragraph (c) or (d) under the conditions described therein and the results of the analyses show a concentration of alcohol in blood exceeding fifty milligrams of alcohol in one hundred millilitres of blood, evidence of the result of the analyses is, in the absence of evidence tending to show that the concentration of alcohol in the blood of the accused at the time when the offence was alleged to have been committed did not exceed fifty milligrams of alcohol in one hundred millilitres of blood, proof that the concentration of alcohol in the blood of the accused at the time when the offence was alleged to have been committed exceeded fifty milligrams of alcohol in one hundred millilitres of blood;