GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Code — C-46 320.16
Failure to stop after accident 320.16 (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 a 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. Accident resulting in bodily harm (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. Accident resulting in death (3) 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 the death of another person or in bodily harm to another person whose death ensues. 2018, c. 21, s. 15
Criminal Code — C-46 320.17
Flight from peace officer 320.17 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. 2018, c. 21, s. 15
Criminal Code — C-46 320.18
Operation while prohibited 320.18 (1) Everyone commits an offence who operates a conveyance while prohibited from doing so (a) by an order made under this Act; or (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 or a discharge under section 730. Exception (2) No person commits an offence under subsection (1) arising out of the operation of a motor vehicle if 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. 2018, c. 21, s. 15
Criminal Code — C-46 320.19
Punishment 320.19 (1) Every person who commits an offence under subsection 320.14(1) or 320.15(1) is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than 10 years and to a minimum punishment of, (i) for a first offence, a fine of $1,000, (ii) for a second offence, imprisonment for a term of 30 days, and (iii) for each subsequent offence, imprisonment for a term of 120 days; or (b) an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both, and to a minimum punishment of, (i) for a first offence, a fine of $1,000, (ii) for a second offence, imprisonment for a term of 30 days, and (iii) for each subsequent offence, imprisonment for a term of 120 days. Summary conviction (2) Everyone who commits an offence under subsection 320.14(4) is liable on summary conviction to a fine of not more than $1,000. Minimum fines for high blood alcohol concentrations (3) Despite subparagraphs (1)(a)(i) and (b)(i), every person who commits an offence under paragraph 320.14(1)(b) is liable, for a first offence, to (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 (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. Minimum fine — subsection 320.15(1) (4) Despite subparagraphs (1)(a)(i) and (b)(i), every person who commits an offence under subsection 320.15(1) is liable, for a first offence, to a fine of not less than $2,000. Punishment — dangerous operation and other offences (5) Every person who commits an offence under subsection 320.13(1) or 320.16(1), section 320.17 or subsection 320.18(1) is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or (b) an offence punishable on summary conviction. 2018, c. 21, s. 15 2019, c. 25, s. 402
Criminal Code — C-46 320.2
Punishment in case of bodily harm 320.2 Every person who commits an offence under subsection 320.13(2), 320.14(2), 320.15(2) or 320.16(2) is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of, (i) for a first offence, a fine of $1,000, (ii) for a second offence, imprisonment for a term of 30 days, and (iii) for each subsequent offence, imprisonment for a term of 120 days; or (b) an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both, and to the minimum punishments set out in subparagraphs (a)(i) to (iii). 2018, c. 21, s. 15 2019, c. 25, s. 402
Criminal Code — C-46 320.21
Punishment in case of death 320.21 Everyone who commits an offence under subsection 320.13(3), 320.14(3), 320.15(3) or 320.16(3) is liable on conviction on indictment to imprisonment for life and to a minimum punishment of, (a) for a first offence, a fine of $1,000; (b) for a second offence, imprisonment for a term of 30 days; and (c) for each subsequent offence, imprisonment for a term of 120 days. 2018, c. 21, s. 15
Criminal Code — C-46 320.22
Aggravating circumstances for sentencing purposes 320.22 A court imposing a sentence for an offence under any of sections 320.13 to 320.18 shall consider, in addition to any other aggravating circumstances, the following: (a) the commission of the offence resulted in bodily harm to, or the death of, more than one person; (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; (c) a person under the age of 16 years was a passenger in the conveyance operated by the offender; (d) the offender was being remunerated for operating the conveyance; (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; (f) the offender was operating a large motor vehicle; and (g) the offender was not permitted, under a federal or provincial Act, to operate the conveyance. 2018, c. 21, s. 15
Criminal Code — C-46 320.23
Delay of sentencing 320.23 (1) The court may, with the consent of the prosecutor 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, the type of conveyance in question, in which case subsections 320.24(6) to (9) apply. Exception to minimum punishment (2) If the offender successfully completes the 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. 2018, c. 21, s. 15
Criminal Code — C-46 320.25
Stay of order pending appeal 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. Appeals to Supreme Court of Canada (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. Effect of conditions (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. 2018, c. 21, s. 15
Criminal Code — C-46 320.26
Earlier and subsequent offences 320.26 In determining, for the purpose of imposing a sentence for an offence under subsection 320.14(1) or 320.15(1), 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: (a) an offence under any of subsections 320.14(1) to (3) or section 320.15; or (b) an offence under any of sections 253, 254 and 255, as those sections read from time to time before the day on which this section comes into force. 2018, c. 21, s. 15
Criminal Code — C-46 320.27
Testing for presence of alcohol or drug 320.27 (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 the requirements of either or both of paragraphs (a) and (b) in the case of alcohol or with the requirements of either or both of paragraphs (a) and (c) in the case of a drug: (a) to immediately perform the physical coordination tests prescribed by regulation and to accompany the peace officer for that purpose; (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; (c) to immediately provide the samples of a bodily substance that, in the peace officer’s opinion, are necessary to enable a proper analysis to be made by means of approved drug screening equipment and to accompany the peace officer for that purpose. Mandatory alcohol screening (2) If a peace officer has in his or her possession an approved screening device, the peace officer may, in the course of the lawful exercise of powers under an Act of Parliament or an Act of a provincial legislature or arising at common law, by demand, require the person who is operating a motor vehicle 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. 2018, c. 21, s. 15
Criminal Code — C-46 320.28
r to determine the person’s blood drug concentration for one or more of those types of drugs. Types of drugs (5) For the purpose of subsection (4), the types of drugs are the following: (a) a depressant; (b) an inhalant; (c) a dissociative anaesthetic; (d) cannabis; (e) a stimulant; (f) a hallucinogen; or (g) a narcotic analgesic. Condition (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. Approved containers (7) A sample of blood shall be received into an approved container that shall be subsequently sealed. Retained sample (8) A person who takes samples of blood under this section shall cause one of the samples to be retained for the purpose of analysis by or on behalf of the person from whom the blood samples were taken. Validity of analysis not affected (9) A failure to comply with subsection (7) or (8) does not by itself affect the validity of the taking of the sample or of an analysis made of the sample. Release of retained sample (10) 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 any sample that was retained to the person for the purpose of examination or analysis, subject to any terms that the judge considers appropriate to ensure that the sample is safeguarded and preserved for use in any proceedings in respect of which it was taken. 2018, c. 21, s. 15
Criminal Code — C-46 320.29
Warrants to obtain blood samples 320.29 (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, that (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 themselves or another person or in the death of another person; (b) there are reasonable grounds to suspect that the person has alcohol or a drug in their body; and (c) a qualified medical practitioner is of the opinion that (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 (ii) the taking of samples of the person’s blood will not endanger their health. Form (2) A warrant issued under subsection (1) may be in Form 5, varied to suit the case. (3) [Repealed, 2022, c. 17, s. 10] Duration of warrant (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. Copy to person (5) If a warrant issued under subsection (1) is executed, the peace officer shall, as soon as practicable, give a copy of it — as a well as a notice in Form 5.1, varied to suit the case — to the person from whom the samples of blood are taken. Taking of samples (6) Subsections 320.28(7) to (10) apply with respect to the taking of samples of blood under this section. 2018, c. 21, s. 15 2022, c. 17, s. 10
Criminal Code — C-46 320.3
Testing blood — drug or alcohol 320.3 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. 2018, c. 21, s. 15
Criminal Code — C-46 320.31
 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 (8) 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 any proceedings under this Part. Admissibility of statement (9) A statement made by a person to a peace officer, including a statement compelled under a provincial Act, is admissible in evidence for the purpose of justifying a demand made under section 320.27 or 320.28. Evidence of failure to comply with demand (10) 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 320.28 is admissible and the court may draw an inference adverse to the accused from that evidence. 2018, c. 21, s. 15
Criminal Code — C-46 320.32
Certificates 320.32 (1) A certificate of an analyst, qualified medical practitioner or qualified technician made 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 to produce it 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), the following certificates are evidence of the facts alleged in them without proof of the signature or official character of the person who signed them: (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; and (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. 2018, c. 21, s. 15
Criminal Code — C-46 320.33
Printout from approved instrument 320.33 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. 2018, c. 21, s. 15
Criminal Code — C-46 320.34
Disclosure of information 320.34 (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 320.28, information sufficient to determine whether the conditions set out in paragraphs 320.31(1)(a) to (c) have been met, namely: (a) the results of the system blank tests; (b) the results of the system calibration checks; (c) any error or exception messages produced by the approved instrument at the time the samples were taken; (d) the results of the analysis of the accused’s breath samples; and (e) a certificate of an analyst stating that the sample of an alcohol standard that is identified in the certificate is suitable for use with an approved instrument. Application for further disclosure (2) The accused may apply to the court for a hearing to determine whether further information should be disclosed. 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. For greater certainty (5) For greater certainty, nothing in this section limits the disclosure to which the accused may otherwise be entitled. 2018, c. 21, s. 15
Criminal Code — C-46 320.35
Presumption of operation 320.35 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. 2018, c. 21, s. 15
Criminal Code — C-46 320.36
Unauthorized use of bodily substance 320.36 (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 related to drugs and/or alcohol and/or to the operation of a motor vehicle, vessel, aircraft or railway equipment. 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) commits an offence punishable on summary conviction. 2018, c. 21, s. 15
Criminal Code — C-46 320.37
Refusal to take sample 320.37 (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, and no qualified technician, who takes a sample of blood from a person under this Part incurs any liability for doing anything necessary to take the sample that was done with reasonable care and skill. 2018, c. 21, s. 15
Criminal Code — C-46 320.38
Regulations 320.38 The Governor in Council may make regulations (a) prescribing the qualifications required for a peace officer to act as an evaluating officer and respecting the training of evaluating officers; (b) prescribing the blood drug concentration for a drug for the purpose of paragraph 320.14(1)(c); (c) prescribing a blood alcohol concentration and a blood drug concentration for a drug for the purposes of paragraph 320.14(1)(d); (d) prescribing the blood drug concentration for a drug for the purpose of subsection 320.14(4); (e) prescribing the physical coordination tests to be conducted under paragraph 320.27(1)(a); and (f) prescribing the tests to be conducted and procedures to be followed during an evaluation under paragraph 320.28(2)(a) and the forms to be used in recording the results of the evaluation. 2018, c. 21, s. 15
Criminal Code — C-46 320.39
Approval — Attorney General of Canada 320.39 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) equipment that is designed to ascertain the presence of a drug in a person’s body; (c) 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 (d) a container that is designed to receive a sample of a person’s blood for analysis. 2018, c. 21, s. 15
Criminal Code — C-46 320.4
Designation — Attorney General 320.4 The Attorney General may designate (a) a person as qualified, for the purposes of this Part, to operate an approved instrument; (b) 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 bodily substances; and (c) a person or class of persons as qualified, for the purposes of this Part, to certify that an alcohol standard is suitable for use with an approved instrument. 2018, c. 21, s. 15