Bill C-73
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Evidentiary Matters
Breath samples
320.32 (1) If samples of a person’s breath have been received into an approved instrument operated by a qualified technician, the results of the analyses of the samples are conclusive proof of the person’s blood alcohol concentration at the time when the analyses were made if the results of the analyses are the same — or, if the results of the analyses are different, the lowest of the results is conclusive proof of the person’s blood alcohol concentration at the time when the analyses were made — if
(a) when each sample was taken, the approved instrument was in proper working order;
(b) there was an interval of at least 15 minutes between the times when the samples were taken; and
(c) the results of the analyses, rounded down to the nearest multiple of 10 mg, did not differ by more than 20 mg of alcohol in 100 mL of blood.
Approved instrument — proper working order
(2) For the purpose of paragraph (1)(a), an approved instrument is considered to be in proper working order if the qualified technician complied with the operational procedures set out in the document of the Alcohol Test Committee entitled Recommended Operational Procedures that is published on the Canadian Society of Forensic Science’s website, as that document is amended from time to time, to determine whether the instrument was in proper working order when a sample of breath was taken.
Blood samples — concentration when sample taken
(3) The result of an analysis made by an analyst of a sample of a person’s blood is proof of their blood alcohol concentration or their blood drug concentration, as the case may be, at the time when the sample was taken in the absence of evidence tending to show that the analysis was performed improperly.
Evidence not included
(4) Evidence of the following does not constitute evidence tending to show that an analysis of a sample of a person’s blood was performed improperly:
(a) the amount of alcohol or a drug that they consumed;
(b) the rate at which the alcohol or the drug that they consumed would have been absorbed or eliminated by their body; or
(c) a calculation based on the evidence referred to in paragraphs (a) and (b) of what their blood alcohol concentration or blood drug concentration would have been at the time when the sample was taken.
Presumption — blood alcohol concentration
(5) For the purpose of paragraph 320.14(1)(b) and subsection 320.21(2), if the first of the samples of breath was taken, or the sample of blood was taken, more than two hours after the person ceased to operate the conveyance, the person’s blood alcohol concentration is conclusively presumed to be the concentration established in accordance with subsection (1) or (3), as the case may be, plus an additional 5 mg of alcohol in 100 mL of blood for every interval of 30 minutes in excess of those two hours.
Admissibility of evaluating officer’s opinion
(6) An evaluating officer’s opinion relating to the impairment, by a type of drug that they identified, or by a combination of alcohol and that type of drug, of a person’s ability to operate a conveyance is admissible in evidence without qualifying the evaluating officer as an expert.
Presumption —drug
(7) If the analysis of a sample provided under subsection 320.29(4) indicates that the person has a drug in their body of a type that the evaluating officer has identified as impairing the person’s ability to operate a conveyance, that drug — or, if the person has also consumed alcohol, the combination of alcohol and that drug — is presumed, in the absence of evidence to the contrary, to have been the drug that was present in the person’s body at the time when the person operated the conveyance and, on proof of the person’s impairment, to have been the cause of that impairment.
Admissibility of result of analysis
(8) The result of an analysis of a sample of a person’s breath, blood, urine or other bodily substance that they were not required to provide under this Part may be admitted in evidence even if the person was not warned before they provided the sample that they were not required to do so or that the result of the analysis of the sample might be used in evidence.
Evidence of failure to provide sample
(9) Unless a person is required to provide a sample of a bodily substance under this Part, evidence that they failed or refused to provide a sample for analysis or that a sample was not taken is not admissible and the failure, refusal or fact that a sample was not taken shall not be the subject of comment by any person in the proceedings.
Admissibility of statement
(10) A statement made by a person to a peace officer, including a statement compelled under a provincial Act, indicating that they operated a conveyance that was involved in an accident is admissible in evidence only for the purpose of justifying a demand made under section 320.27 or 320.29.
Evidence of failure to comply with demand
(11) In any proceedings in respect of an offence under section 320.14, evidence that the accused, without reasonable excuse, failed or refused to comply with a demand made under section 320.27 or 320.29 is admissible and the court may draw an inference adverse to the accused from that evidence.
Certificates
320.33 (1) A certificate of an analyst, qualified medical practitioner or qualified technician describing the procedures they carried out involving the taking or the analysis of samples of a bodily substance under this Part is evidence of the facts alleged in the certificate without proof of the signature or the official character of the person who signed the certificate.
Notice of intention to produce certificate
(2) No certificate shall be received in evidence unless the party intending to produce it has, before the trial, given to the other party reasonable notice of their intention and a copy of the certificate.
Attendance and cross-examination
(3) A party against whom the certificate is produced may apply to the court for an order requiring the attendance of the person who signed the certificate for the purposes of cross-examination.
Form and content of application
(4) The application shall be made in writing and set out the likely relevance of the proposed cross-examination with respect to the facts alleged in the certificate. A copy of the application shall be given to the prosecutor at least 30 days before the day on which the application is to be heard.
Time of hearing
(5) The hearing of the application shall be held at least 30 days before the day on which the trial is to be held.
Certificate admissible in evidence
(6) In proceedings in respect of an offence under subsection 320.18(1), either of the following certificates is evidence of the facts alleged in it without proof of the signature or official character of the person who signed it:
(a) a certificate setting out with reasonable particularity that the person named in it is prohibited from operating a motor vehicle in the province specified in the certificate, signed by the person who is responsible for the registration of motor vehicles in that province or any person authorized by the responsible person to sign it;
(b) a certificate setting out with reasonable particularity that the person named in it is prohibited from operating a conveyance other than a motor vehicle, signed by the Minister of Transport or any person authorized by him or her to sign it.
Onus
(7) If it is proved that a prohibition under paragraph 320.18(1)(b) has been imposed on a person and that notice of the prohibition has been mailed to them at their last known address, that person is, beginning on the tenth day after the day on which the notice is mailed, in the absence of evidence to the contrary, presumed to have received the notice and to have knowledge of the prohibition, of the date of its commencement and of its duration.
Printout from approved instrument
320.34 A document that is printed out from an approved instrument and signed by a qualified technician who certifies it to be the printout produced by the approved instrument when it made an analysis of a sample of a person’s breath is evidence of the facts alleged in the document without proof of the signature or official character of the person who signed it.
Disclosure of information
320.35 (1) In proceedings in respect of an offence under section 320.14, the prosecutor shall disclose to the accused, with respect to any samples of breath that the accused provided under section 320.29, the information that according to the position paper of the Alcohol Test Committee entitled Documentation Required for Assessing the Accuracy and Reliability of Approved Instrument Breath Alcohol Test Results that is published on the Canadian Society of Forensic Science’s website, as that paper is amended from time to time, is sufficient to adequately assess whether the approved instrument was in proper working order.
Application for further disclosure
(2) The accused may apply to the court for a hearing to determine whether further information should be disclosed under subsection (1).
Form and content of application
(3) The application shall be in writing and set out detailed particulars of the information that the accused seeks to have disclosed and the likely relevance of that information to determining whether the approved instrument was in proper working order. A copy of the application shall be given to the prosecutor at least 30 days before the day on which the application is to be heard.
Time of hearing
(4) The hearing of the application shall be held at least 30 days before the day on which the trial is to be held.
Position paper of Alcohol Test Committee
(5) In deciding whether to grant the application, the court shall consider the position paper referred to in subsection (1).
Decision and reasons to be in writing
(6) The court shall provide written reasons for any decision granting an application made under this section.
Version of position paper
(7) The version of the position paper that applies for the purpose of subsections (1) and (5) is the version that is publicly available on the day on which the accused provided the samples of breath.
For greater certainty
(8) For greater certainty, nothing in this section limits the disclosure to which the accused may otherwise be entitled.
Presumption of operation
320.36 In proceedings in respect of an offence under section 320.14 or 320.15, if it is proved that the accused occupied the seat or position ordinarily occupied by a person who operates a conveyance, the accused is presumed to have been operating the conveyance unless they establish that they did not occupy that seat or position for the purpose of setting the conveyance in motion.
General Provisions
Unauthorized use of bodily substance
320.37 (1) No person shall use a bodily substance obtained under this Part for any purpose other than for an analysis under this Part.
Unauthorized use or disclosure of results
(2) No person shall use, disclose or allow the disclosure of the results obtained under this Part of any evaluation, physical coordination test or analysis of a bodily substance, except for the purpose of the administration or enforcement of a federal or provincial Act.
Exception
(3) The results of an evaluation, test or analysis referred to in subsection (2) may be disclosed to the person to whom they relate, and may be disclosed to any other person if the results are made anonymous and the disclosure is made for statistical or research purposes.
Offence
(4) Everyone who contravenes subsection (1) or (2) is guilty of an offence punishable on summary conviction.
Refusal to take sample
320.38 (1) No qualified medical practitioner or qualified technician shall be found guilty of an offence by reason only of their refusal to take a sample of blood from a person for the purposes of this Part if they have a reasonable excuse for refusing to do so.
No liability
(2) No qualified medical practitioner or qualified technician who takes a sample of blood from a person under this Part incurs any liability for anything necessarily done with reasonable care and skill when taking the sample.
Regulations
320.39 The Governor in Council may make regulations
(a) prescribing the qualifications required for a peace officer to be an evaluating officer and respecting the training of evaluating officers;
(b) prescribing the physical coordination tests to be conducted under paragraph 320.27(1)(a); and
(c) prescribing the tests to be conducted and procedures to be followed during an evaluation under paragraph 320.29(2)(a) and the forms to be used in recording the results of the evaluation.
Approval — Attorney General of Canada
320.4 The Attorney General of Canada may, by order, approve
(a) a device that is designed to ascertain the presence of alcohol in a person’s blood;
(b) an instrument that is designed to receive and make an analysis of a sample of a person’s breath to determine their blood alcohol concentration; and
(c) a container that is designed to receive a sample of a person’s blood for analysis.
Designation— Attorney General
320.41 The Attorney General may designate
(a) in respect of breath samples, a person as qualified, for the purposes of this Part, to operate an approved instrument; and
(b) in respect of blood samples, a person or class of persons as qualified, for the purposes of this Part,
(i) to take samples of blood, or
(ii) to analyze samples of blood.
R.S., c. 1 (4th Supp.), s. 15(2)
6. Subsection 335(2) of the Act is replaced by the following:
Definition of “vessel”
(2) For the purposes of subsection (1), “vessel” has the meaning assigned by section 320.11.
1992, c. 1, s. 58(1) (Sch. I, s. 7)
7. Subsection 461(3) of the Act is replaced by the following:
Notice of intention to produce certificate
(3) No certificate shall be received in evidence unless the party intending to produce it has, before the trial, given to the other party reasonable notice of their intention and a copy of the certificate.
Attendance and cross- examination
(4) A party against whom the certificate is produced may, with leave of the court, require the attendance of the person who signed the certificate for the purpose of cross-examination.
2005, c. 25, s. 1(7)
8. (1) Subparagraph (c)(iv) of the definition “secondary designated offence” in section 487.04 of the Act is repealed.
(2) Paragraph (c) of the definition “secondary designated offence” in section 487.04 of the Act is amended by adding the following after subparagraph (viii.1):
(viii.2) subsection 320.16(1) (failure to stop after accident),
(3) The definition “secondary designated offence” in section 487.04 of the Act is amended by striking out “and” at the end of paragraph (d) and by adding the following after that paragraph:
(d.1) an offence under section 252, as it read from time to time before the day on which section 4 of the Dangerous and Impaired Driving Act came into force;
(d.2) an offence under any of sections 249, 249.1, 249.2, 249.3, 249.4, 253, 254 and 255, as it read from time to time before the day on which section 4 of the Dangerous and Impaired Driving Act came into force, that may be prosecuted by indictment or, for section 487.051 to apply, is prosecuted by indictment; and
2007, c. 22, s. 8(5)
(4) Subparagraph (e)(ii) of the definition “secondary designated offence” in section 487.04 of the Act is replaced by the following:
(ii) an offence referred to in any of paragraphs (c) to (d.2);
1992, c. 1, s. 58(1) (Sch. I, s. 9(1))
9. (1) Subsection 487.1(1) of the Act is replaced by the following:
Telewarrants
487.1 (1) If a peace officer believes that an indictable offence has been committed and that it would be impracticable to appear personally before a justice to make an application for a warrant in accordance with section 487, the peace officer may submit an information on oath by telephone or other means of telecommunication to a justice designated for the purpose by the chief judge of the provincial court having jurisdiction in the matter.
R.S., c. 27 (1st Supp.), s. 69; 1992, c. 1, s. 58(1) (Sch. I, s. 9(2)), s. 59 (Sch. I, s. 18)(E); 1994, c. 44, s. 37(4)
(2) Subsection 487.1(5) of the Act is replaced by the following:
Issuing warrant
(5) A justice referred to in subsection (1) may issue a warrant to a peace officer conferring the same authority respecting search and seizure as may be conferred by a warrant issued under subsection 487(1) if the justice is satisfied that an information submitted by telephone or other means of telecommunication
(a) is in respect of an indictable offence and conforms to the requirements of subsection (4);
(b) discloses reasonable grounds for dispens-ing with an information presented personally and in writing; and
(c) discloses reasonable grounds in accord-ance with paragraph 487(1)(a), (b) or (c), as the case may be, for the issuance of a warrant in respect of an indictable offence.
The justice may require that the warrant be executed within the period that he or she may order.
1992, c. 1, s. 58(1) (Sch. I, s. 9(3))
(3) Subsections 487.1(7) and (8) of the Act are replaced by the following:
Providing facsimile
(7) A peace officer who executes a warrant issued by telephone or other means of telecommunication shall, before or as soon as practicable after entering the place or premises to be searched, give a facsimile of the warrant to any person who is present and ostensibly in control of the place or premises.
Affixing facsimile
(8) A peace officer who, in any unoccupied place or premises, executes a warrant issued by telephone or other means of telecommunication shall, on entering or as soon as practicable after entering the place or premises, cause a facsimile of the warrant to be suitably affixed in a prominent place within the place or premises.
2000, c. 2, s. 3
10. Subsection 662(5) of the Act is replaced by the following:
Conviction for dangerous operation when another offence charged
(5) For greater certainty, where a count charges an offence under section 220, 221 or 236 arising out of the operation of a conveyance, and the evidence does not prove that offence but proves an offence under section 320.13, the accused may be convicted of an offence under section 320.13.
2013, c. 11, s. 2
11. Paragraph (b) of the definition “sentence” in section 673 of the Act is replaced by the following:
(b) an order made under subsection 109(1) or 110(1), section 161, subsection 164.2(1) or 194(1), section 320.24 or 462.37, subsection 491.1(2), 730(1) or 737(3) or section 738, 739, 742.1, 742.3, 743.6, 745.4 or 745.5,
1994, c. 44, s. 68
12. The portion of subsection 680(1) of the Act before paragraph (a) is replaced by the following:
Review by court of appeal
680. (1) A decision made by a judge under section 522 or subsection 524(4) or (5) or a decision made by a judge of the court of appeal under section 320.25 or 679 may, on the direction of the chief justice or acting chief justice of the court of appeal, be reviewed by that court and that court may, if it does not confirm the decision,
2011, c. 7, s. 2
13. Subsection 729.1(2) of the Act is replaced by the following:
Definition of “analyst”
(2) In this section, “analyst” has the same meaning as in section 320.11.
1999, c. 32, s. 6
14. Paragraph 732.1(3)(g.2) of the French version of the Act is replaced by the following:
g.2) si le lieutenant-gouverneur en conseil de la province où est rendue l’ordonnance de probation a institué un programme visant l’utilisation par le délinquant d’un antidémarreur éthylométrique et s’il accepte de participer au programme, de se conformer aux modalités du programme;
15. Paragraph (b) of the definition “designated offence” in section 752 of the Act is amended by adding the following after subparagraph (xxiii.3):
(xxiii.4) section 320.13 (dangerous operation),
(xxiii.5) section 320.14 (operation while impaired),
(xxiii.6) section 320.15 (failure or refusal to comply with demand),
(xxiii.7) section 320.16 (failure to stop after accident),
(xxiii.8) section 320.17 (flight from peace officer),
2013, c. 11, s. 4
16. Paragraph (b) of the definition “sentence” in section 785 of the Act is replaced by the following:
(b) an order made under subsection 109(1) or 110(1), section 320.24, subsection 730(1) or 737(3) or section 738, 739, 742.1 or 742.3,
2011, c. 7, s. 12
17. Subsection 811.1(2) of the Act is replaced by the following:
Definition of “analyst”
(2) In this section, “analyst” has the same meaning as in section 320.11.
1999, c. 5, s. 45
18. Part XXVIII of the Act is amended by replacing the references after the form headings in the following forms with “(Sections 320.3 and 487) :
(a) Form 1;
(b) Form 5.
2007, c. 22, s. 23; 2012, c. 1, s. 38, 2014, c. 25, s. 32
19. (1) Subparagraph (b)(iii) of Form 5.04 in Part XXVIII of the Act is replaced by the following:
(2) Form 5.04 in Part XXVIII of the Act is amended by striking out “or” at the end of subparagraph (b)(iv) and by adding the following after that subparagraph:
R.S., c. 27 (1st Supp.), s. 184(3); amended, R.S., c. 1 (4th Supp.), s. 17
20. Form 5.1 in Part XXVIII of the Act is amended by replacing the reference after the heading “FORM 5.1” with the following:
(Sections 320.3 and 487.1)
R.S., c. 27 (1st Supp.), s. 184(3)
21. Form 5.2 in Part XXVIII of the Act is replaced by the following:
FORM 5.2
(Section 489.1)
REPORT TO A JUSTICE
Canada,
Province of ............,
(territorial division).
To the justice who issued a warrant to the undersigned under section 320.3, 487 or 487.1 of the Criminal Code (or another justice for the same territorial division or, if no warrant was issued, any justice having jurisdiction in respect of the matter).
I, (name of the peace officer or other person) have (state here whether you have acted under a warrant issued under section 320.3, 487 or 487.1 of the Criminal Code or under section 489 of the Criminal Code or otherwise in the execution of duties under the Criminal Code or other Act of Parliament to be specified)
1. searched the premises situated at .....................................; and
2. seized the following things and dealt with them as follows:
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Property Seized
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Disposition
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(describe each thing seized)
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(state, in respect of each thing seized, whether
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(a) it was returned to the person lawfully entitled to its possession, in which case the receipt for it shall be attached to this report; or
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(b) it is being detained to be dealt with according to law, in which case indicate the location and manner in which or, if applicable, the person by whom, it is being detained
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1. ...........
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2. ...........
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3. ...........
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4. ...........
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In the case of a warrant issued by telephone or other means of telecommunication, the statements referred to in subsection 487.1(9) of the Criminal Code shall be specified in the report.
Dated (date), at (place).
Transitional Provisions
Application for disclosure of further information
22. (1) Section 320.35 of the Criminal Code, as enacted by section 5, applies in respect of any application for the disclosure of further information that is made on or after the day on which that section 5 comes into force if the sample or samples to which the application relates were taken before that day.
Trial
(2) Subsections 320.32(1) and (2) of the Criminal Code, as enacted by section 5, apply to the trial of an accused that is commenced on or after the day on which that section 5 comes into force if the sample or samples to which the trial relates were taken before that day.
Bodily substances and results obtained before coming into force
23. Section 320.37 of the Criminal Code, as enacted by section 5, applies to bodily substances obtained under section 254 of that Act, as it read from time to time before the day on which that section 5 comes into force, and to results obtained under that section 254, as it read from time to time before that day, of any evaluation, physical coordination test or analysis of bodily substances.
Appeal of order made under section 259
24. (1) An appeal may be taken on or after the day on which section 11 comes into force against an order made under section 259 of the Criminal Code, as that section read from time to time before that day. Such an appeal is to be taken in accordance with section 675 of that Act, as that section read immediately before that day, and is to be dealt with and disposed of in accordance with the provisions of that Act as they read immediately before that day.
Stay of order made under section 259
(2) Sections 261 and 680 of the Criminal Code, as they read immediately before the day on which section 11 comes into force, apply in respect of an appeal that is taken on or after that day against an order made under section 259 of that Act, as that section read from time to time before that day.
Approved instrument, approved screening device, approved container
25. Any “approved instrument”, “approved screening device” or “approved container” approved under subsection 254(1) of the Criminal Code, as it read immediately before the day on which section 4 comes into force, is deemed to be approved as an “approved instrument”, “approved screening device” or “approved container”, respectively, under section 320.4 of the Criminal Code as enacted by section 5.
Qualified technician — breath samples
26. Any person who is designated as a qualified technician within the meaning of paragraph (a) of the definition “qualified technician” under subsection 254(1) of the Criminal Code, as it read immediately before the day on which section 4 comes into force, is deemed to be designated as a “qualified technician” under paragraph 320.41(a) of the Criminal Code as enacted by section 5.
Qualified technician — blood samples
27. Any person who is designated as a qualified technician within the meaning of paragraph (b) of the definition “qualified technician” under subsection 254(1) of the Criminal Code, as it read immediately before the day on which section 4 comes into force, is deemed to be designated as a “qualified technician” under subparagraph 320.41(b)(i) of the Criminal Code as enacted by section 5.
Analyst
28. Any person who is designated as an analyst within the meaning of the definition “analyst” under subsection 254(1) of the Criminal Code, as it read immediately before the day on which section 4 comes into force, is deemed to be designated as an “analyst” under subparagraph 320.41(b)(ii) of the Criminal Code as enacted by section 5.
R.S., c. C-47
CRIMINAL RECORDS ACT
1995, c, 39, par. 191(a)
29. The definition “sentence” in subsection 2(1) of the Criminal Records Act is replaced by the following:
“sentence”
« peine »
« peine »
“sentence” has the same meaning as in the Criminal Code, but does not include an order made under section 109, 110, 161 or 320.24 of that Act or subsection 147.1(1) of the National Defence Act.
2012, c. 1, s. 112
30. Paragraph 2.3(b) of the Act is replaced by the following:
(b) unless the record suspension is subsequently revoked or ceases to have effect, requires that the judicial record of the conviction be kept separate and apart from other criminal records and removes any disqualification or obligation to which the applicant is, by reason of the conviction, subject under any Act of Parliament, other than section 109, 110, 161, 320.24, 490.012, 490.019 or 490.02901 of the Criminal Code, section 259 of the Criminal Code, as it read immediately before the day on which section 4 of the Dangerous and Impaired Driving Act comes into force, subsection 147.1(1) or section 227.01 or 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offenders Act.
2012, c. 1, s. 126
31. Subparagraph 7.2(a)(ii) of the Act is replaced by the following:
(ii) an offence under the Criminal Code, the Controlled Drugs and Substances Act, the Firearms Act, Part III or IV of the Food and Drugs Act or the Narcotic Control Act, chapter N-1 of the Revised Statutes of Canada, 1985, that is punishable either on conviction on indictment or on summary conviction; or
CONSEQUENTIAL AMENDMENTS
R.S., c. A-2
Aeronautics Act
2008, c. 6. s. 55
32. Section 8.6 of the Aeronautics Act is replaced by the following:
Admissibility of evidence
8.6 Evidence relating to the presence or concentration of alcohol or a drug in a sample of a bodily substance obtained under the Criminal Code is admissible in proceedings taken against a person under this Part, and sections 320.32 to 320.35 of the Criminal Code apply to those proceedings with any modifications that the circumstances require.
R.S., c. N-5
National Defence Act
R.S., c. 27 (1st Supp.), s. 187 (Sch. V, item 5)
33. Section 131 of the National Defence Act is replaced by the following:
Reference to Attorney General
131. For the purposes of this Act, the reference in section 320.41 of the Criminal Code to the “Attorney General” includes the Attorney General of Canada.
2005, c. 25, s. 23(2)
34. Paragraph (a) of the definition “secondary designated offence” in section 196.11 of the Act is replaced by the following:
(a) an offence within the meaning of any of paragraphs (a) to (d.2) of the definition “secondary designated offence” in section 487.04 of the Criminal Code that is punishable under section 130;
R.S., c. 1 (2nd Supp.)
Customs Act
2008, c. 6, s. 59
35. Subsection 163.5(2) of the Customs Act is replaced by the following:
Powers relating to impaired driving offences
(2) A designated officer who is at a customs office performing the normal duties of an officer or is acting in accordance with section 99.1 has the powers and obligations of a peace officer under sections 320.27 to 320.3 of the Criminal Code. If, by demand, they require a person to provide samples of blood or breath or to submit to an evaluation, they may also require the person to accompany a peace officer referred to in paragraph (c) of the definition “peace officer” in section 2 of that Act, for that purpose.
R.S., c. 32 (4th Supp.)
Railway Safety Act
2008, c. 6, s. 60
36. Subsection 41(7) of the Railway Safety Act is replaced by the following:
Admissibility of evidence
(7) Evidence relating to the presence or concentration of alcohol or a drug in a sample of a bodily substance obtained under the Criminal Code is admissible in proceedings taken against a person under this Act in respect of a contravention of a rule or regulation respecting the use of alcohol or a drug, and sections 320.32 to 320.36 of the Criminal Code apply to those proceedings with any modifications that the circumstances require.
1992, c. 20
Corrections and Conditional Release Act
2006, c. 14, s. 8
37. The portion of section 109 of the Corrections and Conditional Release Act before paragraph (a) is replaced by the following:
Cancellation or variation of prohibition orders
109. The Board may, on application, cancel or vary the unexpired portion of a prohibition order made under section 320.24 of the Criminal Code or section 259 of that Act, as it read immediately before the day on which section 4 of the Dangerous and Impaired Driving Act comes into force, after a period of
1995, c. 42, s. 64(3); 2012, c. 1, s. 103(10)
38. Paragraphs 1(s.1) to (s.2) of Schedule I to the Act are repealed.
39. Section 1 of Schedule I to the Act is amended by adding the following after paragraph (z.24):
(z.25) section 320.13 (dangerous operation);
(z.26) section 320.14 (operation while impaired);
(z.27) section 320.15 (failure or refusal to comply with demand);
(z.28) section 320.16 (failure to stop after accident);
(z.29) section 320.17 (flight from peace officer);
40. Schedule I to the Act is amended by adding the following after section 1:
1.1 An offence under any of the following provisions of the Criminal Code, as they read from time to time before the day on which this section comes into force, that was prosecuted by way of indictment:
(a) subsections 249(3) and (4) (dangerous operation causing bodily harm and dangerous operation causing death);
(b) subsections 249.1(3) and (4) (flight causing bodily harm or death);
(c) section 249.2 (causing death by criminal negligence (street racing));
(d) section 249.3 (causing bodily harm by criminal negligence (street racing));
(e) section 249.4 (dangerous operation of motor vehicle while street racing);
(f) subsections 255(2) and (3) (impaired driving causing bodily harm and impaired driving causing death).
COORDINATING AMENDMENTS
Bill C-53
41. If Bill C-53, introduced in the 2nd session of the 41st Parliament and entitled the Life Means Life Act, receives royal assent, then, on the first day on which both section 2 of that Act and section 11 of this Act are in force, paragraph (b) of the definition “sentence” in section 673 of the Criminal Code is replaced by the following:
(b) an order made under subsection 109(1) or 110(1), section 161, subsection 164.2(1) or 194(1), section 320.24 or 462.37, subsection 491.1(2), 730(1) or 737(3) or section 738, 739, 742.1, 742.3, 743.6, 745.31, 745.4 or 745.5,
COMING INTO FORCE
Ninetieth day after royal assent
42. The provisions of this Act, other than section 41, come into force on the 90th day after the day on which this Act receives royal assent.
Published under authority of the Speaker of the House of Commons
Explanatory Notes
Clause 6: Existing text of subsection 335(2):
(2) For the purposes of subsection (1), “vessel” has the meaning assigned by section 214.
Clause 7: Existing text of subsection 461(3):
(3) Subsections 258(6) and (7) apply, with such modifications as the circumstances require, in respect of a certificate described in subsection (2).
Clause 8: (1) to (4) Existing text of the definition:
“secondary designated offence” means an offence, other than a primary designated offence, that is
. . .
(c) an offence under any of the following provisions of this Act:
...
(iv) section 252 (failure to stop at scene of accident)
...
(e) an attempt to commit or, other than for the purposes of subsection 487.05(1), a conspiracy to commit
. . .
(ii) an offence referred to in paragraph (c) or (d);
Clause 9: (1) Existing text of subsection 487.1(1):
487.1 (1) Where a peace officer believes that an indictable offence has been committed and that it would be impracticable to appear personally before a justice to make application for a warrant in accordance with section 256 or 487, the peace officer may submit an information on oath by telephone or other means of telecommunication to a justice designated for the purpose by the chief judge of the provincial court having jurisdiction in the matter.
(2) Existing text of subsection 487.1(5):
(5) A justice referred to in subsection (1) who is satisfied that an information submitted by telephone or other means of telecommunication
(a) is in respect of an indictable offence and conforms to the requirements of subsection (4),
(b) discloses reasonable grounds for dispensing with an information presented personally and in writing, and
(c) discloses reasonable grounds, in accordance with subsection 256(1) or paragraph 487(1)(a), (b) or (c), as the case may be, for the issuance of a warrant in respect of an indictable offence,
may issue a warrant to a peace officer conferring the same authority respecting search and seizure as may be conferred by a warrant issued by a justice before whom the peace officer appears personally pursuant to subsection 256(1) or 487(1), as the case may be, and may require that the warrant be executed within such time period as the justice may order.
(3) Existing text of subsections 487.1(7) and (8):
(7) A peace officer who executes a warrant issued by telephone or other means of telecommunication, other than a warrant issued pursuant to subsection 256(1), shall, before entering the place or premises to be searched or as soon as practicable thereafter, give a facsimile of the warrant to any person present and ostensibly in control of the place or premises.
(8) A peace officer who, in any unoccupied place or premises, executes a warrant issued by telephone or other means of telecommunication, other than a warrant issued pursuant to subsection 256(1), shall, on entering the place or premises or as soon as practicable thereafter, cause a facsimile of the warrant to be suitably affixed in a prominent place within the place or premises.
Clause 10: Existing text of subsection 662(5):
(5) For greater certainty, where a count charges an offence under section 220, 221 or 236 arising out of the operation of a motor vehicle or the navigation or operation of a vessel or aircraft, and the evidence does not prove such offence but does prove an offence under section 249 or subsection 249.1(3), the accused may be convicted of an offence under section 249 or subsection 249.1(3), as the case may be.
Clause 11: Relevant portion of the definition:
“sentence” includes
...
(b) an order made under subsection 109(1) or 110(1), section 161, subsection 164.2(1) or 194(1), section 259, 261 or 462.37, subsection 491.1(2), 730(1) or 737(3) or section 738, 739, 742.1, 742.3, 743.6, 745.4 or 745.5,
Clause 12: Relevant portion of subsection 680(1):
680. (1) A decision made by a judge under section 522 or subsection 524(4) or (5) or a decision made by a judge of the court of appeal under section 261 or 679 may, on the direction of the chief justice or acting chief justice of the court of appeal, be reviewed by that court and that court may, if it does not confirm the decision,
Clause 13: Existing text of subsection 729.1(2):
(2) In this section, “analyst” has the same meaning as in subsection 254(1).
Clause 14: Relevant portion of subsection 732.1(3):
(3) The court may prescribe, as additional conditions of a probation order, that the offender do one or more of the following:
...
(g.2) where the lieutenant governor in council of the province in which the probation order is made has established a program governing the use of an alcohol ignition interlock device by an offender and if the offender agrees to participate in the program, comply with the program; and
Clause 15: Relevant portion of the definition:
“designated offence” means
...
(b) an offence under any of the following provisions:
Clause 16: Relevant portion of the definition:
“sentence” includes
...
(b) an order made under subsection 109(1) or 110(1), section 259 or 261, subsection 730(1) or 737(3) or section 738, 739, 742.1 or 742.3,
Clause 17: Existing text of subsection 811.1(2):
(2) In this section, “analyst” has the same meaning as in subsection 254(1).
Criminal Records Act
Clause 29: Existing text of the definition:
“sentence” has the same meaning as in the Criminal Code, but does not include an order made under section 109, 110, 161 or 259 of that Act or subsection 147.1(1) of the National Defence Act.
Clause 30: Relevant portion of section 2.3:
2.3 A record suspension
...
(b) unless the record suspension is subsequently revoked or ceases to have effect, requires that the judicial record of the conviction be kept separate and apart from other criminal records and removes any disqualification or obligation to which the applicant is, by reason of the conviction, subject under any Act of Parliament — other than section 109, 110, 161, 259, 490.012, 490.019 or 490.02901 of the Criminal Code, subsection 147.1(1) or section 227.01 or 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offenders Act.
Clause 31: Relevant portion of section 7.2:
7.2 A record suspension ceases to have effect if
(a) the person to whom it relates is subsequently convicted of
...
(ii) any other offence under the Criminal Code, except subsection 255(1), or under the Controlled Drugs and Substances Act, the Firearms Act, Part III or IV of the Food and Drugs Act or the Narcotic Control Act, chapter N-1 of the Revised Statutes of Canada, 1985, that is punishable either on conviction on indictment or on summary conviction; or
Aeronautics Act
Clause 32: Existing text of section 8.6:
8.6 Evidence relating to the presence or concentration of alcohol or a drug in a sample of a bodily substance obtained under any provision of the Criminal Code is admissible in proceedings taken against a person under this Part, and the provisions of section 258 of the Criminal Code, except paragraph 258(1)(a), apply to those proceedings with any modifications that the circumstances require.
National Defence Act
Clause 33: Existing text of section 131:
131. For the purposes of this Act, a reference in the definition “analyst” or “qualified technician” in subsection 254(1) of the Criminal Code to the “Attorney General” includes the Attorney General of Canada.
Clause 34: Relevant portion of the definition:
“secondary designated offence” means
(a) an offence within the meaning of any of paragraphs (a) to (d) of the definition “secondary designated offence” in section 487.04 of the Criminal Code that is punishable under section 130;
Customs Act
Clause 35: Existing text of subsection 163.5(2):
(2) A designated officer who is at a customs office performing the normal duties of an officer or is acting in accordance with section 99.1 has the powers and obligations of a peace officer under sections 254 and 256 of the Criminal Code. If, by demand, they require a person to provide samples of blood or breath under subsection 254(3) of that Act, or to submit to an evaluation under subsection 254(3.1) of that Act, they may also require the person to accompany a peace officer referred to in paragraph (c) of the definition “peace officer” in section 2 of that Act, for that purpose.
Railway Safety Act
Clause 36: Existing text of subsection 41(7):
(7) Evidence relating to the presence or concentration of alcohol or a drug in a sample of a bodily substance obtained under any provision of the Criminal Code is admissible in proceedings taken against a person under this Act in respect of a contravention of a rule or regulation respecting the use of alcohol or a drug, and section 258 of the Criminal Code applies to those proceedings with any modifications that the circumstances require.
Corrections and Conditional Release Act
Clause 37: Relevant portion of section 109:
109. The Board may, on application, cancel or vary the unexpired portion of a prohibition order made under section 259 of the Criminal Code after a period of