Bill C-590

2nd Session, 41st Parliament,

62-63-64 Elizabeth II, 2013-2014-2015

house of commons of canada

BILL C-590

An Act to amend the Criminal Code (blood alcohol content)

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

1. (1) Section 255 of the Criminal Code is amended by adding the following after subsection (1):

(1.1) Despite subsection (1), everyone who commits an offence under paragraph 253(1)(b) and who has a concentration of alcohol in their blood at the time of the commission of the offence that exceeds one hundred and sixty milligrams of alcohol in one hundred millilitres of blood

(a) is guilty of an indictable offence and is liable to imprisonment for a term not exceeding 10 years and

(i) in the case of a first offence, to a fine of not less than $2,000 and to imprisonment for not less than 60 days, and

(ii) in the case of a second or subsequent offence, to imprisonment for not less than 240 days; or

(b) is guilty of an offence punishable on summary conviction and is liable

(2) Subsection 255(3.3) of the Act is replaced by the following:

(3.3) Despite subsection (1), everyone who is liable to the punishment described in any of subsections (2) to (3.2) is liable to the following minimum punishment:

(a) in the case of a first offence, to a fine of not less than $5,000 and to imprisonment for not less than 120 days; and

(b) in the case of a second or subsequent offence, to imprisonment for not less than 12 months.