Bill C-226
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- ENGLISH
- SUMMARY SUMMARY
- Short Title Short Title
- Criminal Code Criminal Code
- Amendments to the Act Amendments to the Act
- Transitional Provisions Transitional Provisions
- Criminal Records Act Criminal Records Act
- Consequential Amendments Consequential Amendments
- Aeronautics Act Aeronautics Act
- National Defence Act National Defence Act
- Customs Act Customs Act
- Railway Safety Act Railway Safety Act
- Corrections and Conditional Release Act Corrections and Conditional Release Act
- Coming Into Force Coming Into Force
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First Session, Forty-second Parliament, 64-65 Elizabeth II, 2015-2016 |
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HOUSE OF COMMONS OF CANADA |
An Act to amend the Criminal Code (offences in relation to conveyances) and the Criminal Records Act and to make consequential amendments to other Acts
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FIRST READING, February 23, 2016
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Mr. Blaney |
SUMMARY
This enactment amends the provisions of the Criminal Code that govern offences in relation to conveyances. The amendments, among other things,
(a) harmonize the prohibitions and penalties for offences in relation to the operation of conveyances;
(b) increase the penalties for repeat offences in relation to the operation of conveyances;
(c) modernize the procedures for determining whether a person’s ability to operate a conveyance is impaired by a drug, and for analyzing breath samples to determine a person’s blood alcohol concentration;
(d) provide for rules governing the disclosure of information with respect to the results of analyzing breath samples; and
(e) recognize that evaluating officers are experts in determining whether a person’s ability to operate a conveyance is impaired by a drug.
The enactment also amends the Criminal Records Act to remove the offences of impaired driving and failure or refusal to comply with a demand as exceptions to the offences that result in a record suspension ceasing to have effect.
Finally, the enactment makes consequential amendments to those Acts and to other Acts.
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Available on the House of Commons website at the following address:
www.ourcommons.ca
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1st Session, 42nd Parliament, 64-65 Elizabeth II, 2015-2016 |
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HOUSE OF COMMONS OF CANADA |
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BILL C-226 |
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An Act to amend the Criminal Code (offences in relation to conveyances) and the Criminal Records Act and to make consequential amendments to other Acts |
Preamble
Whereas dangerous driving and impaired driving injure or kill thousands of people in Canada every year;
Whereas dangerous driving and impaired driving are unacceptable at all times and in all circumstances;
Whereas it is important that the severity of sentences reflect the risk to the public that is posed by dangerous driving and impaired driving;
Whereas it is important to simplify the law relating to the proof of blood alcohol concentration;
Whereas it is important to protect the public from the dangers posed by consuming large quantities of alcohol immediately before driving;
Whereas it is important to deter persons from consuming alcohol after driving in circumstances where they have a reasonable expectation that they would be required to provide a sample of breath or blood;
Whereas it is important to harmonize the prohibitions and the penalties for offences relating to the operation of conveyances;
Whereas it is important that federal and provincial laws work together to promote the safe operation of motor vehicles;
And whereas the Parliament of Canada is committed to deterring the commission of offences relating to the operation of conveyances, particularly dangerous driving and impaired driving;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title
Short title
1 This Act may be cited as the Impaired Driving Act.
R.S., c. C-46
Criminal Code
Amendments to the Act
2 The definition street racing in section 2 of the Criminal Code is repealed.
3 The definitions aircraft, operate and vessel in section 214 of the Act are repealed.
4 The heading before section 249 and sections 249 to 261 of the Act are repealed.
5 The Act is amended by adding the following after section 320.1:
Part VIII.1 Offences in Relation to Conveyances
Interpretation
End of inserted block320.11 The following definitions apply in this Part.
Alcohol Test Committee means the Alcohol Test Committee of the Canadian Society of Forensic Science, or any successor to that committee. (Comité des analyses d’alcool)
analyst means a person who is, or a person within a class of persons that is, designated by the Attorney General under subparagraph 320.41(b)(ii). (analyste)
approved container means a container that is designed to receive a sample of a person’s blood for analysis and that is approved by the Attorney General of Canada under paragraph 320.4(c). (contenant approuvé)
approved instrument means 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 that is approved by the Attorney General of Canada under paragraph 320.4(b). (éthylomètre approuvé)
approved screening device means a device that is designed to ascertain the presence of alcohol in a person’s blood and that is approved by the Attorney General of Canada under paragraph 320.4(a). (appareil de détection approuvé)
conveyance means a motor vehicle, a vessel, an aircraft or railway equipment. (moyen de transport)
evaluating officer means a peace officer who has the qualifications prescribed by regulation that are required in order to be an evaluating officer. (agent évaluateur)
operate means
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(a) in respect of a motor vehicle, to drive it or to have care or control of it;
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(b) in respect of a vessel or aircraft, to navigate it, to assist in its navigation or to have care or control of it; and
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(c) in respect of railway equipment, to participate in the direct control of its motion, or to have care or control of it as a member of the equipment’s crew, as a person who acts in lieu of a member of the equipment’s crew by remote control, or otherwise. (conduire)
qualified medical practitioner means a person who is qualified under provincial law to practise medicine. (médecin qualifié)
qualified technician means,
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(a) in respect of breath samples, a person who is designated by the Attorney General under paragraph 320.41(a); and
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(b) in respect of blood samples, a person who is, or a person within a class of persons that is, designated by the Attorney General under subparagraph 320.41(b)(i). (technicien qualifié)
vessel includes a hovercraft. (bateau)
End of inserted block Start of inserted blockRecognition and Declaration
End of inserted block320.12 It is recognized and declared that
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(a) operating a conveyance is a privilege that is subject to certain limits in the interests of public safety that include licensing, the observance of rules and sobriety;
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(b) the protection of society is well served by deterring persons from operating conveyances dangerously or while their ability to operate them is impaired by alcohol or a drug, because that conduct poses a threat to the life, health and safety of Canadians;
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(c) the analysis of a sample of a person’s breath by means of an approved instrument produces reliable and accurate readings of blood alcohol concentration; and
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(d) evaluating officers are qualified to evaluate whether a person’s ability to operate a conveyance is impaired by a drug or by a combination of alcohol and a drug.
End of inserted block
Offences and Punishment
End of inserted block320.13 (1) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public.
End of inserted block(2) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and, as a result, causes bodily harm to another person.
End of inserted block(3) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and, as a result, causes the death of another person.
End of inserted block320.14 (1) Everyone commits an offence who
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(a) operates a conveyance while the person’s ability to operate it is impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug; or
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(b) subject to subsection (4), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration that is equal to or exceeds 80 mg of alcohol in 100 mL of blood.
End of inserted block
(2) Everyone commits an offence who commits an offence under subsection (1) and who, while operating the conveyance, causes bodily harm to another person.
End of inserted block(3) Everyone commits an offence who commits an offence under subsection (1) and who, while operating the conveyance, causes the death of another person.
End of inserted block(4) No person commits an offence under paragraph (1)(b) if
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(a) they consumed alcohol after having ceased to operate the conveyance;
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(b) after having ceased to operate the conveyance, they had no reasonable expectation that they would be required to provide a sample of breath or blood; and
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(c) their alcohol consumption is consistent with their blood alcohol concentration as determined in accordance with subsection 320.32(1) or (3) and with their having had, at the time when they were operating the conveyance, a blood alcohol concentration that was less than 80 mg of alcohol in 100 mL of blood.
End of inserted block
320.15 (1) Everyone commits an offence who, without reasonable excuse, fails or refuses to comply with a demand made under section 320.27 or 320.29.
End of inserted block(2) Everyone commits an offence who, without reasonable excuse, fails or refuses to comply with a demand made under section 320.27 or 320.29 and who, at the time of the failure or refusal, knows or ought to know that they caused an accident that resulted in bodily harm to another person.
End of inserted block(3) Everyone commits an offence who, without reasonable excuse, fails or refuses to comply with a demand made under section 320.27 or 320.29 and who, at the time of the failure or refusal, knows or ought to know that they caused an accident that resulted in the death of another person or in bodily harm to another person whose death ensues.
End of inserted block(4) A person who is convicted of an offence under this section is not to be convicted of another offence under this section with respect to the same transaction.
End of inserted block320.16 (1) Everyone commits an offence who operates a conveyance and who at the time of operating the conveyance knows that, or is reckless as to whether, the conveyance has been involved in an accident with another person or another conveyance and who fails, without reasonable excuse, to stop the conveyance, give their name and address and, if any person has been injured or appears to require assistance, offer assistance.
End of inserted block(2) Everyone commits an offence who commits an offence under subsection (1) and who at the time of committing the offence knows that, or is reckless as to whether, the accident resulted in bodily harm to another person.
End of inserted block(3) Everyone commits an offence who commits an offence under subsection (1) and who, at the time of committing the offence, knows that the accident resulted in the death of another person, or knows that, or is reckless as to whether, the accident resulted in bodily harm that endangers the life of another person, and that person’s death ensues.
End of inserted block320.17 Everyone commits an offence who operates a motor vehicle or vessel while being pursued by a peace officer and who fails, without reasonable excuse, to stop the motor vehicle or vessel as soon as is reasonable in the circumstances.
End of inserted block320.18 (1) Everyone commits an offence who operates a conveyance while prohibited from doing so
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(a) by an order made under this Act; or
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(b) by any other form of legal restriction imposed under any other Act of Parliament or under provincial law in respect of a conviction under this Act.
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(2) No person commits an offence under subsection (1) arising out of the operation of a motor vehicle if, subject to subsection 320.24(8), they are registered in an alcohol ignition interlock device program established under the law of the province in which they reside and they comply with the conditions of the program.
End of inserted block320.19 (1) Everyone who commits an offence under subsection 320.13(1), 320.14(1), 320.15(1) or 320.16(1), section 320.17 or subsection 320.18(1)
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(a) is liable on conviction on indictment to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of
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(i) for a first offence, 30 days,
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(ii) for a second offence, 120 days,
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(iii) for a third offence, one year, and
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(iv) for each subsequent offence, two years; or
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(b) is liable on summary conviction to imprisonment for a term of not more than two years less a day and to a minimum punishment of
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(i) for a first offence, a fine of $1,000,
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(ii) for a second offence, imprisonment for a term of 30 days,
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(iii) for a third offence, imprisonment for a term of 120 days, and
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(iv) for each subsequent offence, imprisonment for a term of one year.
End of inserted block
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(2) Despite subparagraph (1)(b)(i), everyone who commits an offence under paragraph 320.14(1)(b) is liable, for a first offence punishable on summary conviction, to
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(a) a fine of not less than $1,500, if the person’s blood alcohol concentration is equal to or exceeds 120 mg of alcohol in 100 mL of blood but is less than 160 mg of alcohol in 100 mL of blood; and
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(b) a fine of not less than $2,000, if the person’s blood alcohol concentration is equal to or exceeds 160 mg of alcohol in 100 mL of blood.
End of inserted block
(3) Despite subparagraph (1)(b)(i), everyone who commits an offence under subsection 320.15(1) is liable, for a first offence punishable on summary conviction, to a fine of not less than $2,000.
End of inserted block320.2 Everyone who commits an offence under subsection 320.13(2), 320.14(2), 320.15(2) or 320.16(2)
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(a) is liable on conviction on indictment to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of
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(i) for a first offence, 120 days,
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(ii) for a second offence, one year, and
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(iii) for each subsequent offence, two years; or
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(b) is liable on summary conviction to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of
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(i) for a first offence, 30 days,
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(ii) for a second offence, 120 days, and
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(iii) for each subsequent offence, one year.
End of inserted block
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320.21 (1) Subject to subsection (2), everyone who commits an offence under subsection 320.14(3) or 320.15(3) is liable on conviction on indictment to imprisonment for life and to a minimum punishment of imprisonment for a term of five years.
End of inserted block(2) A person who commits an offence under subsection 320.15(3), who provides samples under subparagraph 320.28(c)(ii) and who has, within two hours after ceasing to operate the conveyance, a blood alcohol concentration of less than 80 mg of alcohol in 100 mL of blood is not liable to the minimum punishment set out in subsection (1).
End of inserted block(3) Everyone who commits an offence under subsection 320.13(3) or 320.16(3) is liable on conviction on indictment to imprisonment for life.
End of inserted block320.22 (1) A court imposing a sentence for an offence under any of sections 320.13 to 320.18 shall consider the following as aggravating circumstances:
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(a) the commission of the offence resulted in bodily harm to, or the death of, more than one person;
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(b) the offender was operating a motor vehicle in a race with at least one other motor vehicle or in a contest of speed, on a street, road or highway or in another public place;
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(c) a person under the age of 16 years was a passenger in the conveyance;
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(d) the offender was being remunerated for operating the conveyance;
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(e) the offender’s blood alcohol concentration at the time of committing the offence was equal to or exceeded 120 mg of alcohol in 100 mL of blood;
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(f) the offender was operating a large motor vehicle; and
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(g) the offender was not permitted, under a federal or provincial Act, to operate the conveyance.
End of inserted block
(2) A sentence imposed on a person for an offence under subsection 320.14(3) shall be served consecutively to any other punishment imposed on the person for an offence arising out of the same event or series of events and to any other sentence to which the person is subject at the time the sentence is imposed on the person for an offence under subsection 320.14(3).
End of inserted block320.23 (1) The court may, with the consent of the Attorney General and the offender, and after considering the interests of justice, delay sentencing of an offender who has been found guilty of an offence under subsection 320.14(1) or 320.15(1) to allow the offender to attend a treatment program approved by the province in which the offender resides. If the court delays sentencing, it shall make an order prohibiting the offender from operating, before sentencing, a motor vehicle, a vessel, an aircraft or railway equipment, as the case may be, in which case subsections 320.24(5) to (7) apply.
End of inserted block(2) If the offender successfully completes that treatment program, the court is not required to impose the minimum punishment under section 320.19 or to make a prohibition order under section 320.24, but it shall not direct a discharge under section 730.
End of inserted block320.24 (1) If an offender is found guilty of an offence under any of sections 320.13 to 320.18, the court that sentences the offender shall, in addition to any other punishment that may be imposed for that offence, make an order prohibiting the offender from operating a motor vehicle, a vessel, an aircraft or railway equipment, as the case may be, during a period to be determined in accordance with subsections (2) to (4). The prohibition begins on the later of the date on which the order is made and, if the offender is sentenced to a term of imprisonment, the date on which the offender is released from imprisonment for the offence, including release on parole, mandatory supervision or statutory release.
End of inserted block(2) If the offender is found guilty of an offence under subsection 320.13(1), 320.14(1), 320.15(1) or 320.16(1), section 320.17 or subsection 320.18(1), the prohibition period is
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(a) for a first offence, not less than one year and not more than three years;
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(b) for a second offence, not less than two years and not more than 10 years; and
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(c) for each subsequent offence, not less than three years.
End of inserted block
(3) If the offender is found guilty of an offence under subsection 320.13(2), 320.14(2), 320.15(2) or 320.16(2), the prohibition period is
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(a) for a first offence, not less than two years and not more than 10 years;
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(b) for a second offence, not less than three years; and
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(c) for each subsequent offence, not less than five years.
End of inserted block
(4) If the offender is found guilty of an offence under subsection 320.13(3), 320.14(3), 320.15(3) or 320.16(3), the prohibition period is
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(a) for a first offence, not less than three years; and
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(b) for each subsequent offence, not less than 10 years.
End of inserted block
(5) A court that makes a prohibition order under this section shall cause the order to be read by or to the offender or a copy of the order to be given to the offender.
End of inserted block(6) A prohibition order in respect of a motor vehicle applies only to its operation on a street, road or highway or in any other public place.
End of inserted block(7) If the offender is, at the time of the commission of the offence, subject to an order made under this Act prohibiting the offender from operating a conveyance, any prohibition order made under this section that prohibits the offender from operating the same type of conveyance shall be served consecutively to that order.
End of inserted block(8) A person may not be registered in an alcohol ignition interlock device program referred to in subsection 320.18(2) until the expiry of
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(a) in the case of a first offence, a period, if any, that may be fixed by order of the court;
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(b) in the case of a second offence, a period of three months after the day on which the sentence is imposed or any longer period that may be fixed by order of the court;
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(c) in the case of a subsequent offence, a period of six months after the day on which the sentence is imposed or any longer period that may be fixed by order of the court.
End of inserted block
320.25 (1) Subject to subsection (2), if an appeal is taken against a conviction or sentence for an offence under any of sections 320.13 to 320.18, a judge of the court to which the appeal is taken may direct that the prohibition order under section 320.24 arising out of the conviction shall, on any conditions that the judge imposes, be stayed pending the final disposition of the appeal or until otherwise ordered by that court.
End of inserted block(2) In the case of an appeal to the Supreme Court of Canada, a direction may be made only by a judge of the court from which the appeal was taken.
End of inserted block(3) The imposition of conditions on a stay of a prohibition order does not operate to decrease the prohibition period provided in the prohibition order.
End of inserted block320.26 In determining, for the purpose of imposing a sentence for an offence under any of sections 320.13 to 320.18, whether the offence is a second, third or subsequent offence, any of the following offences for which the offender was previously convicted is considered to be an earlier offence:
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(a) an offence under any of those sections;
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(b) an offence under section 220, 221 or 236 arising out of the operation of a conveyance; or
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(c) an offence under any of sections 249 to 249.4, 252 to 254, 255 and 259, as those sections read from time to time before the day on which this section comes into force.
End of inserted block
Investigative Matters
End of inserted block320.27 (1) If a peace officer has reasonable grounds to suspect that a person has alcohol or a drug in their body and that the person has, within the preceding three hours, operated a conveyance, the peace officer may, by demand, require the person to comply with either or both of the following requirements in the case of alcohol, or with the requirement of paragraph (a) in the case of a drug:
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(a) to immediately perform the physical coordination tests prescribed by regulation and to accompany the peace officer for that purpose;
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(b) to immediately provide the samples of breath that, in the peace officer’s opinion, are necessary to enable a proper analysis to be made by means of an approved screening device and to accompany the peace officer for that purpose.
End of inserted block
(2) Without limiting the circumstances that may amount to reasonable grounds to suspect that a person has alcohol in their body, any one of the following constitutes such grounds:
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(a) the erratic movement of the conveyance;
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(b) the person’s admission of alcohol consumption;
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(c) an odour of alcohol on the person’s breath or emanating from the conveyance; or
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(d) the person’s involvement in an accident that resulted in bodily harm to, or the death of, another person.
End of inserted block
(3) If a peace officer has in his or her possession an approved screening device, the peace officer may, by demand, require the person who is operating a conveyance, whether it was in motion or not, to immediately provide the samples of breath that, in the peace officer’s opinion, are necessary to enable a proper analysis to be made by means of that device and to accompany the peace officer for that purpose.
End of inserted block320.28 A peace officer who arrests a person who was involved in an accident that resulted in the death of another person, or resulted in bodily harm that endangers the life of another person, and who fails or refuses to comply with a demand made under section 320.27, shall
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(a) inform the person that they are liable on conviction to a minimum punishment of imprisonment for a term of five years if the other person is dead or the other person’s bodily harm results in their death;
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(b) inform the person that they have the right to retain and instruct counsel; and
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(c) bring the person to a police station where the peace officer shall
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(i) provide the person with an opportunity to retain and instruct counsel without delay, and
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(ii) provide the person with an opportunity to provide the samples referred to in subparagraph 320.29(1)(a)(i) or (ii), as the peace officer may decide.
End of inserted block
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320.29 (1) If a peace officer has reasonable grounds to believe that a person has operated a conveyance while the person’s ability to operate it was impaired to any degree by alcohol or has committed an offence under paragraph 320.14(1)(b), the peace officer may, by demand made within a reasonable time,
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(a) require the person to provide, as soon as practicable,
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(i) the samples of breath that, in a qualified technician’s opinion, are necessary to enable a proper analysis to be made by means of an approved instrument, or
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(ii) if the peace officer has reasonable grounds to believe that, because of their physical condition, the person may be incapable of providing a sample of breath or it would be impracticable to take one, the samples of blood that, in the opinion of the qualified medical practitioner or qualified technician taking the samples, are necessary to enable a proper analysis to be made to determine the person’s blood alcohol concentration; and
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(b) require the person to accompany the peace officer for the purpose of taking samples of that person’s breath or blood.
End of inserted block
(2) If a peace officer has reasonable grounds to believe that a person has operated a conveyance while the person’s ability to operate it was impaired to any degree by a drug or by a combination of alcohol and a drug, the peace officer may, by demand made within a reasonable time, require the person to comply with the requirements of either or both of the following paragraphs:
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(a) to submit, as soon as practicable, to an evaluation conducted by an evaluating officer to determine whether the person’s ability to operate a conveyance is impaired by a drug or by a combination of alcohol and a drug, and to accompany the peace officer for that purpose; or
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(b) to provide, as soon as practicable, the samples of blood that, in the opinion of the qualified medical practitioner or qualified technician taking the samples, are necessary to enable a proper analysis to be made to determine the person’s blood drug concentration, or the person’s blood drug concentration and blood alcohol concentration, as the case may be, and to accompany the peace officer for that purpose.
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(3) An evaluating officer who has reasonable grounds to suspect that a person has alcohol in their body may, if a demand was not made under subsection (1), by demand made within a reasonable time, require the person to provide, as soon as practicable, the samples of breath that, in a qualified technician’s opinion, are necessary to enable a proper analysis to be made by means of an approved instrument.
End of inserted block(4) If, on completion of the evaluation, the evaluating officer has reasonable grounds to believe that one or more of the types of drugs set out in subsection (5) — or that a combination of alcohol and one or more of those types of drugs — is impairing the person’s ability to operate a conveyance, the evaluating officer shall identify the type or types of drugs in question and may, by demand made within a reasonable time, require the person to provide, as soon as practicable,
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(a) a sample of oral fluid or urine that, in the evaluating officer’s opinion, is necessary to enable a proper analysis to be made to ascertain the presence in the person’s body of one or more of the types of drugs set out in subsection (5); or
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(b) the samples of blood that, in the opinion of the qualified medical practitioner or qualified technician taking the samples, are necessary to enable a proper analysis to be made to ascertain the presence in the person’s body of one or more of the types of drugs set out in subsection (5) or to determine the person’s blood drug concentration for one or more of those types of drugs.
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(5) For the purpose of subsection (4), the types of drugs are the following:
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(a) a depressant;
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(b) an inhalant;
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(c) a dissociative anaesthetic;
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(d) cannabis;
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(e) a stimulant;
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(f) a hallucinogen; or
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(g) a narcotic analgesic.
End of inserted block
(6) A sample of blood may be taken from a person under this section only by a qualified medical practitioner or a qualified technician, and only if they are satisfied that taking the sample would not endanger the person’s health.
End of inserted block(7) A sample of blood shall be received into an approved container that shall be subsequently sealed.
End of inserted block(8) A person who takes samples of blood under this section shall retain one of the samples to permit an analysis of it to be made by or on behalf of the person from whom the blood samples were taken.
End of inserted block(9) A judge of a superior court of criminal jurisdiction or a court of criminal jurisdiction shall, on the summary application of the person from whom samples of blood were taken under this section, made within six months after the day on which the samples were taken, order the release of the sample that was retained to the person for the purpose of examination or analysis, subject to any terms that the judge considers necessary or desirable to ensure that the sample is safeguarded and preserved for use in any proceedings in respect of which it was taken.
End of inserted block320.3 (1) A justice may issue a warrant authorizing a peace officer to require a qualified medical practitioner or a qualified technician to take the samples of a person’s blood that, in the opinion of the practitioner or technician taking the samples, are necessary to enable a proper analysis to be made to determine the person’s blood alcohol concentration or blood drug concentration, or both, if the justice is satisfied, on an information on oath in Form 1 or on an information on oath submitted to the justice by telephone or other means of telecommunication, that
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(a) there are reasonable grounds to believe that the person has, within the preceding eight hours, operated a conveyance that was involved in an accident that resulted in bodily harm to any person or in the death of another person;
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(b) there are reasonable grounds to suspect that the person has alcohol or a drug in their body; and
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(c) a qualified medical practitioner is of the opinion that
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(i) by reason of any physical or mental condition of the person, the person is unable to consent to the taking of samples of their blood, and
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(ii) the taking of samples of the person’s blood will not endanger their health.
End of inserted block
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(2) A warrant issued under subsection (1) may be in Form 5 or 5.1, varied to suit the case.
End of inserted block(3) Subsections 487.1(1) to (3.1), paragraphs 487.1(4)(a) and (d) and subsections 487.1(6), (6.1), (11) and (12) apply in respect of an application for a warrant that is submitted by telephone or other means of telecommunication.
End of inserted block(4) Samples of blood may be taken from a person under a warrant issued under subsection (1) only during the time that a qualified medical practitioner is satisfied that the conditions referred to in subparagraphs (1)(c)(i) and (ii) continue to exist.
End of inserted block(5) If a warrant issued under subsection (1) is executed, the peace officer shall, as soon as practicable, give a copy of it — or, in the case of a warrant issued by telephone or other means of telecommunication, a facsimile — to the person from whom the samples of blood are taken.
End of inserted block(6) Subsections 320.29(7) to (9) apply with respect to the taking of samples of blood under this section.
End of inserted block320.31 Samples of a person’s blood that are taken for the purposes of this Part may be analyzed to determine the person’s blood alcohol concentration or blood drug concentration, or both.
End of inserted block Start of inserted blockEvidentiary Matters
End of inserted block320.32 (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
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(a) when each sample was taken, the approved instrument was in proper working order;
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(b) there was an interval of at least 15 minutes between the times when the samples were taken; and
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(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.
End of inserted block
(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.
End of inserted block(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.
End of inserted block(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;
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(b) the rate at which the alcohol or the drug that they consumed would have been absorbed or eliminated by their body; or
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(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.
End of inserted block
(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.
End of inserted block(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.
End of inserted block(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.
End of inserted block(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.
End of inserted block(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.
End of inserted block(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.
End of inserted block(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.
End of inserted block320.33 (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.
End of inserted block(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.
End of inserted block(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.
End of inserted block(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.
End of inserted block(5) The hearing of the application shall be held at least 30 days before the day on which the trial is to be held.
End of inserted block(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:
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(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;
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(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.
End of inserted block
(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.
End of inserted block320.34 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.
End of inserted block320.35 (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.
End of inserted block(2) The accused may apply to the court for a hearing to determine whether further information should be disclosed under subsection (1).
End of inserted block(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.
End of inserted block(4) The hearing of the application shall be held at least 30 days before the day on which the trial is to be held.
End of inserted block(5) In deciding whether to grant the application, the court shall consider the position paper referred to in subsection (1).
End of inserted block(6) The court shall provide written reasons for any decision granting an application made under this section.
End of inserted block(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.
End of inserted block(8) For greater certainty, nothing in this section limits the disclosure to which the accused may otherwise be entitled.
End of inserted block320.36 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.
End of inserted block Start of inserted blockGeneral Provisions
End of inserted block320.37 (1) No person shall use a bodily substance obtained under this Part for any purpose other than for an analysis under this Part.
End of inserted block(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.
End of inserted block(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.
End of inserted block(4) Everyone who contravenes subsection (1) or (2) is guilty of an offence punishable on summary conviction.
End of inserted block320.38 (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.
End of inserted block(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.
End of inserted block320.39 The Governor in Council may make regulations
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(a) prescribing the qualifications required for a peace officer to be an evaluating officer and respecting the training of evaluating officers;
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(b) prescribing the physical coordination tests to be conducted under paragraph 320.27(1)(a); and
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(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.
End of inserted block
320.4 The Attorney General of Canada may, by order, approve
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(a) a device that is designed to ascertain the presence of alcohol in a person’s blood;
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(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
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(c) a container that is designed to receive a sample of a person’s blood for analysis.
End of inserted block
320.41 The Attorney General may designate
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(a) in respect of breath samples, a person as qualified, for the purposes of this Part, to operate an approved instrument; and
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(b) in respect of blood samples, a person or class of persons as qualified, for the purposes of this Part,
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(i) to take samples of blood, or
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(ii) to analyze samples of blood.
End of inserted block
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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 Insertion start 320.11 Insertion end .
7 Subsection 461(3) of the Act is replaced by the following:
Notice of intention to produce certificate
Start of inserted block(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.
End of inserted blockAttendance and cross-examination
Start of inserted block(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.
End of inserted block8 (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):
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Start of inserted block
(viii.2) subsection 320.16(1) (failure to stop after accident),
End of inserted block
(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:
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Start of inserted block
(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;
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(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
End of inserted block
(4) Subparagraph (e)(ii) of the definition secondary designated offence in section 487.04 of the Act is replaced by the following:
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(ii) an offence referred to in Insertion start any of paragraphs Insertion end (c) Insertion start to (d.2) Insertion end ;
9 (1) Subsection 487.1(1) of the Act is replaced by the following:
Telewarrants
487.1 (1) Insertion start If Insertion end a peace officer believes that an indict- able offence has been committed and that it would be impracticable to appear personally before a justice to make Insertion start an Insertion end 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.
(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 Insertion start under Insertion end subsection 487(1) Insertion start if the Insertion end justice is satisfied that an information submitted by telephone or other means of telecommunication
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(a) is in respect of an indictable offence and conforms to the requirements of subsection (4);
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(b) discloses reasonable grounds for dispensing with an information presented personally and in writing; and
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(c) discloses reasonable grounds in accordance 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.
Insertion start The justice Insertion end may require that the warrant be executed within Insertion start the Insertion end period that Insertion start he or she Insertion end may order.
(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 Insertion start after Insertion end entering the place or premises to be searched, give a facsimile of the warrant to any person Insertion start who is Insertion end 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 Insertion start after entering Insertion end the place or premises, cause a facsimile of the warrant to be suitably affixed in a prominent place within the place or premises.
10 Subsection 662(5) of the Act is replaced by the following:
Conviction for dangerous operation when another offence charged
(5) For greater certainty, when a count charges an offence under section 220, 221 or 236 arising out of the operation of a Insertion start conveyance Insertion end , and the evidence does not prove Insertion start that Insertion end offence but Insertion start proves Insertion end an offence under section Insertion start 320.13 Insertion end , the accused may be convicted of an offence under section Insertion start 320.13 Insertion end .
11 Paragraph (b) of the definition sentence in section 673 of the Act is replaced by the following:
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(b) an order made under subsection 109(1) or 110(1), section 161, subsection 164.2(1) or 194(1), section Insertion start 320.24 Insertion end 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,
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 Insertion start 320.25 Insertion end 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,
13 Subsection 729.1(2) of the Act is replaced by the following:
Definition of analyst
(2) In this section, analyst Insertion start has the same meaning as in section 320.11 Insertion end .
14 Paragraph 732.1(3)(g.2) of the French version of the Act is replaced by the following:
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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 Insertion start éthylométrique Insertion end 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):
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Start of inserted block
(xxiii.4) section 320.13 (dangerous operation),
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(xxiii.5) section 320.14 (operation while impaired),
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(xxiii.6) section 320.15 (failure or refusal to comply with demand),
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(xxiii.7) section 320.16 (failure to stop after accident),
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(xxiii.8) section 320.17 (flight from peace officer),
End of inserted block
16 Paragraph (b) of the definition sentence in section 785 of the Act is replaced by the following:
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(b) an order made under subsection 109(1) or 110(1), Insertion start section 320.24 Insertion end , subsection 730(1) or 737(3) or section 738, 739, 742.1 or 742.3,
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 Insertion start section 320.11 Insertion end .
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)”:
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(a) Form 1;
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(b) Form 5.
19 (1) Subparagraph (b)(iii) of Form 5.04 in Part XXVIII of the Act is replaced by the following:
[ ] (iii) an offence under any of sections 145 to 148, subsection 173(1), sections 264, 264.1, 266 and 270, Insertion start subsections Insertion end 286.1(1) Insertion start and 320.16(1) Insertion end , paragraph 348(1)(e) and sections 349 and 423 of the Criminal Code,
(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:
[ ] (iv.1) an offence under section 252 of the Criminal Code, as it read from time to time before the day on which section 4 of the Dangerous and Impaired Driving Act came into force, or
End of inserted block20 Form 5.1 in Part XXVIII of the Act is amended by replacing the reference after the heading “FORM 5.1” with the following:
21 Form 5.2 in Part XXVIII of the Act is replaced by the following:
Canada,
Province of ............,
(territorial division).
To the justice who issued a warrant to the undersigned Insertion start under Insertion end section Insertion start 320.3 Insertion end , 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 Insertion start under Insertion end section Insertion start 320.3 Insertion end , 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 Insertion start for it Insertion end shall be attached Insertion start to this report Insertion end ; or
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||
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(b) it is being detained to be dealt with according to law, Insertion start in which case indicate Insertion end the location and manner in which or, Insertion start if Insertion end 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 Insertion start (date) Insertion end , at Insertion start (place) Insertion end .
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Signature of the peace officer or other person
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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
29 The definition sentence in subsection 2(1) of the Criminal Records Act is replaced by the following:
sentence has the same meaning as in the Criminal Code, but does not include an order made under section 109, 110, 161 or Insertion start 320.24 Insertion end of that Act or subsection 147.1(1) of the National Defence Act.
30 Paragraph 2.3(b) of the Act is replaced by the following:
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(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, Insertion start 320.24 Insertion end , 490.012, 490.019 or 490.02901 of the Criminal Code, Insertion start section Insertion end 259 Insertion start 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 Insertion end , 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.
31 Subparagraph 7.2(a)(ii) of the Act is replaced by the following:
-
(ii) Insertion start an Insertion end 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
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 Insertion start sections 320.32 to 320.35 Insertion end of the Criminal Code apply to those proceedings with any modifications that the circumstances require.
R.S., c. N-5
National Defence Act
33 Section 131 of the National Defence Act is replaced by the following:
Reference to Attorney General
131 For the purposes of this Act, Insertion start the Insertion end reference in Insertion start section 320.41 Insertion end of the Criminal Code to the “Attorney General” includes the Attorney General of Canada.
34 Paragraph (a) of the definition secondary designated offence in section 196.11 of the Act is replaced by the following:
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(a) an offence within the meaning of any of paragraphs (a) to Insertion start (d.2) Insertion end 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
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 Insertion start 320.27 to 320.3 Insertion end 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
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 Insertion start sections 320.32 to 320.36 Insertion end of the Criminal Code Insertion start apply Insertion end to those proceedings with any modifications that the circumstances require.
1992, c. 20
Corrections and Conditional Release Act
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 Insertion start 320.24 Insertion end of the Criminal Code Insertion start or section Insertion end 259 Insertion start of that Act, as it read immediately before the day on which section 4 of the Dangerous and Impaired Driving Act comes into force Insertion end , after a period of
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):
-
Start of inserted block
(z.25) section 320.13 (dangerous operation);
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(z.26) section 320.14 (operation while impaired);
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(z.27) section 320.15 (failure or refusal to comply with demand);
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(z.28) section 320.16 (failure to stop after accident);
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(z.29) section 320.17 (flight from peace officer);
End of inserted block
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:
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(a) subsections 249(3) and (4) (dangerous operation causing bodily harm and dangerous operation causing death);
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(b) subsections 249.1(3) and (4) (flight causing bodily harm or death);
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(c) section 249.2 (causing death by criminal negligence (street racing));
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(d) section 249.3 (causing bodily harm by criminal negligence (street racing));
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(e) section 249.4 (dangerous operation of motor vehicle while street racing); and
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(f) subsections 255(2) and (3) (impaired driving causing bodily harm and impaired driving causing death).
End of inserted block
Coming Into Force
Ninetieth day after royal assent
41 The provisions of this Act come into force on the 90th day after the day on which this Act receives royal assent.
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Published under authority of the Speaker of the House of Commons
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