C-32
First Session, Thirty-ninth Parliament,
55-56 Elizabeth II, 2006-2007
HOUSE OF COMMONS OF CANADA
BILL C-32
An Act to amend the Criminal Code (impaired driving) and to make consequential amendments to other Acts
Reprinted as amended by the Standing Committee on Justice and Human Rights as a working copy for the use of the House of Commons at Report Stage and as reported to the House on June 20, 2007
THE MINISTER OF JUSTICE
90394
SUMMARY
This enactment amends the Criminal Code 
(a) to create an offence of operating a motor vehicle while in possession of a controlled substance as defined in subsection 2(1) of the Controlled Drugs and Substances Act;
(b) to authorize specially trained peace officers to conduct tests to determine whether a person is impaired by a drug or a combination of alcohol and a drug;
(c) to authorize the taking of bodily fluids to test for the presence of alcohol or a drug;
(d) to create an offence of operating a motor vehicle with a concentration of alcohol in the blood that exceeds 80 mg of alcohol in 100 mL of blood and causing bodily harm or death to another person;
(e) to clarify what evidence a person accused of driving with a concentration of alcohol in the blood that exceeds 80 mg of alcohol in 100 mL of blood can introduce to raise a doubt that they were not committing the offence;
(f) to create an offence of refusing to provide a breath sample when the accused knows or ought to know that the accused’s operation of a motor vehicle caused an accident resulting in bodily harm to another person or death; and
(g) to increase the penalties for impaired driving.
The enactment also makes consequential amendments to other Acts.
Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
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1st Session, 39th Parliament,
55-56 Elizabeth II, 2006-2007
house of commons of canada
BILL C-32
An Act to amend the Criminal Code (impaired driving) and to make consequential amendments to other Acts
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. C-46
CRIMINAL CODE
1. Section 253 of the Criminal Code is renumbered as subsection 253(1) and is amended by adding the following:
For greater certainty
(2) For greater certainty, the reference to impairment by alcohol or a drug in paragraph (1)(a) includes impairment by a combination of alcohol and a drug.
2. [Deleted]
R.S., c. 27 (1st Supp.), s. 36
3. (1) The portion of subsection 254(1) of the Act before the definition “analyst” is replaced by the following:
Definitions
254. (1) In this section and sections 254.1 to 258.1,
(2) Subsection 254(1) of the Act is amended by adding the following in alphabetical order:
“evaluating officer”« agent évaluateur »
“evaluating officer” means a peace officer who is qualified under the regulations to conduct evaluations under subsection (3.1);
R.S., c. 27 (1st Supp.), s. 36, c. 1 (4th Supp.), ss. 14 and 18 (Sch. I, item 6)(F), c. 32 (4th Supp.), s. 60; 1999, c. 32, s. 2
(3) Subsections 254(2) to (6) of the Act are replaced by the following:
Testing for presence of alcohol or a drug
(2) 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 motor vehicle or vessel, operated or assisted in the operation of an aircraft or railway equipment or had the care or control of a motor vehicle, a vessel, an aircraft or railway equipment, whether it was in motion or not, the peace officer may, by demand, require the person to comply with paragraph (a), in the case of a drug, or with either or both of paragraphs (a) and (b), in the case of alcohol:
(a) to perform forthwith physical coordination tests prescribed by regulation to enable the peace officer to determine whether a demand may be made under subsection (3) or (3.1) and, if necessary, to accompany the peace officer for that purpose; and
(b) to provide forthwith a sample of breath that, in the peace officer’s opinion, will enable a proper analysis to be made by means of an approved screening device and, if necessary, to accompany the peace officer for that purpose.
Video recording
(2.1) For greater certainty, a peace officer may make a video recording of a performance of the physical coordination tests referred to in paragraph (2)(a).
Samples of breath or blood
(3) If a peace officer has reasonable grounds to believe that a person is committing, or at any time within the preceding three hours has committed, an offence under section 253 as a result of the consumption of alcohol, the peace officer may, by demand made as soon as practicable, require the person
(a) to provide, as soon as practicable,
(i) samples of breath that, in a qualified technician’s opinion, will enable a proper analysis to be made to determine the concentration, if any, of alcohol in the person’s blood, or
(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 obtain a sample of breath, samples of blood that, in the opinion of the qualified medical practitioner or qualified technician taking the samples, will enable a proper analysis to be made to determine the concentration, if any, of alcohol in the person’s blood; and
(b) if necessary, to accompany the peace officer for that purpose.
Evaluation
(3.1) If a peace officer has reasonable grounds to believe that a person is committing, or at any time within the preceding three hours has committed, an offence under paragraph 253(1)(a) as a result of the consumption of a drug or of a combination of alcohol and a drug, the peace officer may, by demand made as soon as practicable, require the person to submit, as soon as practicable, to an evaluation conducted by an evaluating officer to determine whether the person’s ability to operate a motor vehicle, a vessel, an aircraft or railway equipment is impaired by a drug or by a combination of alcohol and a drug, and to accompany the peace officer for that purpose.
Video recording
(3.11) For greater certainty, a peace officer may make a video recording of an evaluation referred to in subsection (3.1).
Testing for presence of alcohol
(3.2) If the evaluating officer has reasonable grounds to suspect that the person has alcohol in their body and if a demand was not made under paragraph (2)(b) or subsection (3), the evaluating officer may, by demand made as soon as practicable, require the person to provide, as soon as practicable, a sample of breath that, in the evaluating officer’s opinion, will enable a proper analysis to be made by means of an approved instrument.
Samples of bodily substances
(3.3) If, on completion of the evaluation, the evaluating officer has reasonable grounds to believe, based on the evaluation, that the person’s ability to operate a motor vehicle, a vessel, an aircraft or railway equipment is impaired by a drug or by a combination of alcohol and a drug, the evaluating officer may, by demand made as soon as practicable, require the person to provide, as soon as practicable,
(a) a sample of either oral fluid or urine that, in the evaluating officer’s opinion, will enable a proper analysis to be made to determine whether the person has a drug in their body; or
(b) samples of blood that, in the opinion of the qualified medical practitioner or qualified technician taking the samples, will enable a proper analysis to be made to determine whether the person has a drug in their body.
Condition
(4) Samples of blood may be taken from a person under subsection (3) or (3.3) only by or under the direction of a qualified medical practitioner who is satisfied that taking the samples would not endanger the person’s life or health.
Failure or refusal to comply with demand
(5) Everyone commits an offence who, without reasonable excuse, fails or refuses to comply with a demand made under this section.
Only one determination of guilt
(6) A person who is convicted of an offence under subsection (5) for a failure or refusal to comply with a demand may not be convicted of another offence under that subsection in respect of the same transaction.
4. The Act is amended by adding the following after section 254:
Regulations
254.1 (1) The Governor in Council may make regulations
(a) respecting the qualifications and training of evaluating officers;
(b) prescribing the physical coordination tests to be conducted under paragraph 254(2)(a); and
(c) prescribing the tests to be conducted and procedures to be followed during an evaluation under subsection 254(3.1).
Incorporated material
(2) A regulation may incorporate any material by reference either as it exists on a specified date or as amended from time to time.
Incorporated material is not a regulation
(3) For greater certainty, material does not become a regulation for the purposes of the Statutory Instruments Act because it is incorporated by reference.
R.S., c. 27 (1st Supp.), s. 36; 1999, c. 32, s. 3
5. (1) Subparagraphs 255(1)(a)(i) to (iii) of the Act are replaced by the following:
(i) for a first offence, to a fine of not less than $1,000,
(ii) for a second offence, to imprisonment for not less than 30 days, and
(iii) for each subsequent offence, to imprisonment for not less than 120 days;
R.S., c. 27 (1st Supp.), s. 36
(2) Paragraph 255(1)(c) of the Act is replaced by the following:
(c) if the offence is punishable on summary conviction, to imprisonment for a term of not more than 18 months.
R.S., c. 27 (1st Supp.), s. 36; 2000, c. 25, s. 2
(3) Subsections 255(2) and (3) of the Act are replaced by the following:
Impaired driving causing bodily harm
(2) Everyone who commits an offence under paragraph 253(1)(a) and causes bodily harm to another person as a result is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.
Blood alcohol level over legal limit — bodily harm
(2.1) Everyone who, while committing an offence under paragraph 253(1)(b), causes an accident resulting in bodily harm to another person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.
Failure or refusal to provide sample — bodily harm
(2.2) Everyone who commits an offence under subsection 254(5) and, at the time of committing the offence, knows or ought to know that their operation of the motor vehicle, vessel, aircraft or railway equipment, their assistance in the operation of the aircraft or railway equipment or their care or control of the motor vehicle, vessel, aircraft or railway equipment caused an accident resulting in bodily harm to another person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.
Impaired driving causing death
(3) Everyone who commits an offence under paragraph 253(1)(a) and causes the death of another person as a result is guilty of an indictable offence and liable to imprisonment for life.
Blood alcohol level over legal limit — death
(3.1) Everyone who, while committing an offence under paragraph 253(1)(b), causes an accident resulting in the death of another person is guilty of an indictable offence and liable to imprisonment for life.
Failure or refusal to provide sample — death
(3.2) Everyone who commits an offence under subsection 254(5) and, at the time of committing the offence, knows or ought to know that their operation of the motor vehicle, vessel, aircraft or railway equipment, their assistance in the operation of the aircraft or railway equipment or their care or control of the motor vehicle, vessel, aircraft or railway equipment caused an accident resulting in the death of another person, or in bodily harm to another person whose death ensues, is guilty of an indictable offence and liable to imprisonment for life.
R.S., c. 27 (1st Supp.), s. 36
(4) The portion of subsection 255(4) of the Act before paragraph (b) is replaced by the following:
Previous convictions
(4) A person who is convicted of an offence committed under section 253 or subsection 254(5) is, for the purposes of this Act, deemed to be convicted for a second or subsequent offence, as the case may be, if they have previously been convicted of
(a) an offence committed under either of those provisions;
R.S., c. 27 (1st Supp.), s. 36
6. Subsection 256(5) of the Act is replaced by the following:
Copy or facsimile to person
(5) When 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 blood samples are taken.
R.S., c. 27 (1st Supp.), s. 36
7. Subsection 257(2) of the Act is replaced by the following:
No criminal or civil liability
(2) No qualified medical practitioner by whom or under whose direction a sample of blood is taken from a person under subsection 254(3) or (3.3) or section 256, and no qualified technician acting under the direction of a qualified medical practitioner, incurs any criminal or civil liability for anything necessarily done with reasonable care and skill when taking the sample.
R.S., c. 27 (1st Supp.), s. 36
8. (1) The portion of subsection 258(1) of the Act before paragraph (a) is replaced by the following:
Proceedings under section 255
258. (1) In any proceedings under subsection 255(1) in respect of an offence committed under section 253 or subsection 254(5) or in any proceedings under any of subsections 255(2) to (3.2),
R.S., c. 27 (1st Supp.), s. 36
(2) Paragraph 258(1)(b) of the Act is replaced by the following:
(b) the result of an analysis of a sample of the accused’s breath, blood, urine or other bodily substance — other than a sample taken under subsection 254(3), (3.2) or (3.3) — may be admitted in evidence even if the accused was not warned before they gave the sample that they need not give the sample or that the result of the analysis of the sample might be used in evidence;
R.S., c. 27 (1st Supp.), s. 36
(3) The portion of paragraph 258(1)(c) of the French version of the Act before subparagraph (i) is replaced by the following:
c) lorsque des échantillons de l’haleine de l’accusé ont été prélevés conformément à un ordre donné en vertu du paragraphe 254(3), la preuve des résultats des analyses fait foi de façon concluante, en l’absence de toute preuve tendant à démontrer à la fois que les résultats des analyses montrant une alcoolémie supérieure à quatre-vingts milligrammes d’alcool par cent millilitres de sang découlent du mauvais fonctionnement ou de l’utilisation incorrecte de l’alcootest approuvé et que l’alcoolémie de l’accusé au moment où l’infraction aurait été commise ne dépassait pas quatre-vingts milligrammes d’alcool par cent millilitres de sang, de l’alcoolémie de l’accusé tant au moment des analyses qu’à celui où l’infraction aurait été commise, ce taux correspondant aux résultats de ces analyses, lorsqu’ils sont identiques, ou au plus faible d’entre eux s’ils sont différents, si les conditions suivantes sont réunies :
(4) [Deleted]
R.S., c. 27 (1st Supp.), s. 36
(5) The portion of paragraph 258(1)(c) of the English version of the Act after subparagraph (iv) is replaced by the following:
evidence of the results of the analyses so made is conclusive proof that the concentration of alcohol in the accused’s blood both at the time when the analyses were made and at the time when the offence was alleged to have been committed was, if the results of the analyses are the same, the concentration determined by the analyses and, if the results of the analyses are different, the lowest of the concentrations determined by the analyses, in the absence of evidence tending to show all of the following three things — that the approved instrument was malfunctioning or was operated improperly, that the malfunction or improper operation resulted in the determination that the concentration of alcohol in the accused’s blood exceeded 80 mg of alcohol in 100 mL of blood, and that the concentration of alcohol in the accused’s blood would not in fact have exceeded 80 mg of alcohol in 100 mL of blood at the time when the offence was alleged to have been committed;
R.S., c. 27 (1st Supp.), s. 36; 1997, c. 18, ss. 10(1) and (2)
(6) Paragraphs 258(1)(d) and (d.1) of the Act are replaced by the following:
(d) if a sample of the accused’s blood has been taken under subsection 254(3) or section 256 or with the accused’s consent and if
(i) at the time the sample was taken, the person taking the sample took an additional sample of the blood of the accused and one of the samples was retained to permit an analysis of it to be made by or on behalf of the accused and, in the case where the accused makes a request within six months from the taking of the samples, one of the samples was ordered to be released under subsection (4),
(ii) both samples referred to in subparagraph (i) were taken as soon as practicable and in any event not later than two hours after the time when the offence was alleged to have been committed,
(iii) both samples referred to in subparagraph (i) were taken by a qualified medical practitioner or a qualified technician under the direction of a qualified medical practitioner,
(iv) both samples referred to in subparagraph (i) were received from the accused directly into, or placed directly into, approved containers that were subsequently sealed, and
(v) an analysis was made by an analyst of at least one of the samples,
evidence of the result of the analysis is conclusive proof that the concentration of alcohol in the accused’s blood both at the time when the samples were taken and at the time when the offence was alleged to have been committed was the concentration determined by the analysis or, if more than one sample was analyzed and the results of the analyses are the same, the concentration determined by the analyses and, if the results of the analyses are different, the lowest of the concentrations determined by the analyses, in the absence of evidence tending to show all of the following three things — that the analysis was performed improperly, that the improper performance resulted in the determination that the concentration of alcohol in the accused’s blood exceeded 80 mg of alcohol in 100 mL of blood, and that the concentration of alcohol in the accused’s blood would not in fact have exceeded 80 mg of alcohol in 100 mL of blood at the time when the offence was alleged to have been committed;
(d.01) for greater certainty, evidence tending to show that an approved instrument was malfunctioning or was operated improperly, or that an analysis of a sample of the accused’s blood was performed improperly, does not include evidence of
(i) the amount of alcohol that the accused consumed,
(ii) the rate at which the alcohol that the accused consumed would have been absorbed and eliminated by the accused’s body, or
(iii) a calculation based on that evidence of what the concentration of alcohol in the accused’s blood would have been at the time when the offence was alleged to have been committed;
(d.1) if samples of the accused’s breath or a sample of the accused’s blood have been taken as described in paragraph (c) or (d) under the conditions described in those paragraphs and the results of the analyses show a concentration of alcohol in blood exceeding 80 mg of alcohol in 100 mL of blood, evidence of the results of the analyses is proof that the concentration of alcohol in the accused’s blood at the time when the offence was alleged to have been committed exceeded 80 mg of alcohol in 100 mL of blood, in the absence of evidence tending to show that the accused’s consumption of alcohol was consistent with both
(i) a concentration of alcohol in the accused’s blood that did not exceed 80 mg of alcohol in 100 mL of blood at the time when the offence was alleged to have been committed, and
(ii) the concentration of alcohol in the accused’s blood as determined under paragraph (c) or (d) at the time when the sample or samples were taken;
(7) Subsection 258(1) of the Act is amended by adding the following after paragraph (f):
(f.1) the document 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 the analysis of a sample of the accused’s breath is evidence of the facts alleged in the document without proof of the signature or official character of the person appearing to have signed it;
R.S., c. 27 (1st Supp.), s. 36
(8) The portion of paragraph 258(1)(h) of the Act before subparagraph (i) is replaced by the following:
(h) if a sample of the accused’s blood has been taken under subsection 254(3) or (3.3) or section 256 or with the accused’s consent,
R.S., c. 27 (1st Supp.), s. 36
(9) Clause 258(1)(h)(i)(A) of the Act is replaced by the following:
(A) they took the sample and before the sample was taken they were of the opinion that taking it would not endanger the accused’s life or health and, in the case of a demand made under section 256, that by reason of any physical or mental condition of the accused that resulted from the consumption of alcohol or a drug, the accident or any other occurrence related to or resulting from the accident, the accused was unable to consent to the taking of the sample,
R.S., c. 27 (1st Supp.), s. 36; 1997, c. 18, s. 10(3)
(10) Subsections 258(2) to (6) of the Act are replaced by the following:
Evidence of failure to give sample
(2) Unless a person is required to give a sample of a bodily substance under paragraph 254(2)(b) or subsection 254(3), (3.2) or (3.3), evidence that they failed or refused to give a sample for analysis for the purposes of this section 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.
Evidence of failure to comply with demand
(3) In any proceedings under subsection 255(1) in respect of an offence committed under paragraph 253(1)(a) or in any proceedings under subsection 255(2) or (3), evidence that the accused, without reasonable excuse, failed or refused to comply with a demand made under section 254 is admissible and the court may draw an inference adverse to the accused from that evidence.
Release of sample for analysis
(4) If, at the time a sample of an accused’s blood is taken, an additional sample is taken and retained, a judge of a superior court of criminal jurisdiction or a court of criminal jurisdiction shall, on the summary application of the accused made within six months after the day on which the samples were taken, order the release of one of the samples for the purpose of examination or analysis, subject to any terms that appear to be necessary or desirable to ensure that the sample is safeguarded and preserved for use in any proceedings in respect of which it was taken.
Testing of blood for concentration of a drug
(5) A sample of an accused’s blood taken under subsection 254(3) or section 256 or with the accused’s consent for the purpose of analysis to determine the concentration, if any, of alcohol in the blood may be tested to determine the concentration, if any, of a drug in the blood.
Attendance and right to cross-examine
(6) A party against whom a certificate described in paragraph (1)(e), (f), (f.1), (g), (h) or (i) is produced may, with leave of the court, require the attendance of the qualified medical practitioner, analyst or qualified technician, as the case may be, for the purposes of cross-examination.
9. The Act is amended by adding the following after section 258:
Unauthorized use of bodily substance
258.1 (1) Subject to subsections 258(4) and (5) and subsection (3), no person shall use a bodily substance taken under paragraph 254(2)(b), subsection 254(3), (3.2) or (3.3) or section 256 or with the consent of the person from whom it was taken after a request by a peace officer or medical samples that are provided by consent and subsequently seized under a warrant, except for the purpose of an analysis that is referred to in that provision or for which the consent is given.
Unauthorized use or disclosure of results
(2) Subject to subsections (3) and (4), no person shall use, disclose or allow the disclosure of the results of physical coordination tests under paragraph 254(2)(a), the results of an evaluation under subsection 254(3.1), the results of the analysis of a bodily substance taken under paragraph 254(2)(b), subsection 254(3), (3.2) or (3.3) or section 256 or with the consent of the person from whom it was taken after a request by a peace officer, or the results of the analysis of medical samples that are provided by consent and subsequently seized under a warrant, except
(a) in the course of an investigation of, or in a proceeding for, an offence under any of sections 220, 221, 236 and 249 to 255, an offence under Part I of the Aeronautics Act, or an offence under the Railway Safety Act in respect of a contravention of a rule or regulation made under that Act respecting the use of alcohol or a drug; or
(b) for the purpose of the administration or enforcement of the law of a province.
Exception
(3) Subsections (1) and (2) do not apply to persons who for medical purposes use samples or use or disclose the results of tests, taken for medical purposes, that are subsequently seized under a warrant.
Exception
(4) The results of physical coordination tests, an evaluation or an 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 other research purposes.
Offence
(5) Every person who contravenes subsection (1) or (2) is guilty of an offence punishable on summary conviction.
1999, c. 32, s. 5(1); 2001, c. 37, s. 1
10. (1) Subsection 259(1) of the Act is replaced by the following:
Mandatory order of prohibition
259. (1) When an offender is convicted of an offence committed under section 253 or 254 or this section or discharged under section 730 of an offence committed under section 253 and, at the time the offence was committed or, in the case of an offence committed under section 254, within the three hours preceding that time, was operating or had the care or control of a motor vehicle, vessel or aircraft or of railway equipment or was assisting in the operation of an aircraft or of railway equipment, 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 on any street, road, highway or other public place, or from operating a vessel or an aircraft or railway equipment, as the case may be,
(a) for a first offence, during a period of not more than three years plus any period to which the offender is sentenced to imprisonment, and not less than one year;
(b) for a second offence, during a period of not more than five years plus any period to which the offender is sentenced to imprisonment, and not less than two years; and
(c) for each subsequent offence, during a period of not less than three years plus any period to which the offender is sentenced to imprisonment.
(1.1) [Deleted]
2000, c. 2, s. 2
(2) The portion of subsection 259(2) of the Act before paragraph (a) is replaced by the following:
Discretionary order of prohibition
(2) If an offender is convicted or discharged under section 730 of an offence under section 220, 221, 236, 249, 249.1, 250, 251 or 252 or any of subsections 255(2) to (3.2) committed by means of a motor vehicle, a vessel, an aircraft or railway equipment, the court that sentences the offender may, in addition to any other punishment that may be imposed for that offence, make an order prohibiting the offender from operating a motor vehicle on any street, road, highway or other public place, or from operating a vessel, an aircraft or railway equipment, as the case may be
1997, c. 18, s. 12 and par. 141(a)
11. Section 261 of the Act is replaced by the following:
Stay of order pending appeal
261. (1) Subject to subsection (1.1), if an appeal is taken against a conviction or discharge under section 730 for an offence committed under any of sections 220, 221, 236, 249 to 255 and 259, a judge of the court being appealed to may direct that any order under subsection 259(1) or (2) arising out of the conviction or discharge shall, on any conditions that the judge or court imposes, be stayed pending the final disposition of the appeal or until otherwise ordered by that court.
Appeals to Supreme Court of Canada
(1.1) In the case of an appeal to the Supreme Court of Canada, the direction referred to in subsection (1) may be made only by a judge of the court being appealed from and not by a judge of the Supreme Court of Canada.
Effect of conditions
(2) If conditions are imposed under a direction made under subsection (1) or (1.1) that a prohibition order under subsection 259(1) or (2) be stayed, the direction shall not operate to decrease the period of prohibition provided in the order made under subsection 259(1) or (2).
Review and report
11.1 A committee designated or established by Parliament for the purpose of this section shall, not later than five years after the day on which this Act comes into force, undertake a comprehensive review of the provisions of the Criminal Code with respect to impaired driving, including any regulations related thereto, and shall, within six months after the review is undertaken, submit a report to Parliament thereon including a statement of any changes the committee would recommend.
CONSEQUENTIAL AMENDMENTS
R.S., c. A-2
Aeronautics Act
1992, c. 1, s. 3
12. 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 any provision of the Criminal Code is admissible in proceedings taken against a person under this Part, and the provisions of section 258 of the Criminal Code, except paragraph 258(1)(a), apply to those proceedings with any modifications that the circumstances require.
R.S., c. 1 (2nd Supp.)
Customs Act
2001, c. 25, s. 84
13. Subsection 163.5(2) of the Customs Act is replaced by the following:
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 254 and 256 of the Criminal Code. If, by demand, they require a person to provide samples of blood or breath under subsection 254(3) of that Act, or to submit to an evaluation under subsection 254(3.1) of that Act, they may also require the person to accompany a peace officer referred to in paragraph (c) of the definition “peace officer” in section 2 of that Act, for that purpose.
R.S., c. 32 (4th Supp.)
Railway Safety Act
14. 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 any provision of the Criminal Code is admissible in proceedings taken against a person under this Act in respect of a contravention of a rule or regulation respecting the use of alcohol or a drug, and section 258 of the Criminal Code applies to those proceedings with any modifications that the circumstances require.
COORDINATING AMENDMENTS
Bill C-19
15. (1) Subsections (2) to (4) apply if Bill C-19, introduced in the 1st session of the 39th Parliament and entitled An Act to amend the Criminal Code (street racing) and to make a consequential amendment to the Corrections and Conditional Release Act (the “other Act”), receives royal assent.
(2) If subsection 10(1) of this Act comes into force before the coming into force of subsection 3(1) of the other Act, then subsection 3(1) of the other Act is repealed.
(3) If subsection 10(1) of this Act comes into force on the same day as subsection 3(1) of the other Act, then subsection 3(1) of the other Act is deemed to have come into force before subsection 10(1) of this Act.
(4) On the later of the coming into force of section 5 of the other Act and section 11 of this Act — or, if those sections come into force on the same day, then on that day — section 261 of the Criminal Code is replaced by the following:
Stay of order pending appeal
261. (1) Subject to subsection (1.1), if an appeal is taken against a conviction or discharge under section 730 for an offence committed under any of sections 220, 221, 236, 249 to 255 and 259, a judge of the court being appealed to may direct that any prohibition order under section 259 arising out of the conviction or discharge shall, on any conditions that the judge or court may impose, be stayed pending the final disposition of the appeal or until otherwise ordered by that court.
Appeals to Supreme Court of Canada
(1.1) In the case of an appeal to the Supreme Court of Canada, the direction referred to in subsection (1) may be made only by a judge of the court being appealed from and not by a judge of the Supreme Court of Canada.
Effect of conditions
(2) If conditions are imposed under a direction made under subsection (1) or (1.1) that the prohibition order be stayed, the direction shall not operate to decrease the period of prohibition provided in the order.
Bill C-23
16. (1) Subsections (2) to (5) apply if Bill C-23, introduced in the 1st session of the 39th Parliament and entitled An Act to amend the Criminal Code (criminal procedure, language of the accused, sentencing and other amendments) (the “other Act”), receives royal assent.
(2) If subsection 5(3) of this Act comes into force before section 7 of the other Act, section 7 of the other Act is replaced by the following:
7. Section 255 of the Act is amended by adding the following after subsection (3.2):
Interpretation
(3.3) For greater certainty, everyone who is liable to the punishment described in subsections (2) to (3.2) is also liable to the minimum punishment described in paragraph (1)(a).
(3) If section 7 of the other Act comes into force before subsection 5(3) of this Act, subsection 5(3) of this Act is replaced by the following:
(3) Subsections 255(2) to (3.1) of the Act are replaced by the following:
Impaired driving causing bodily harm
(2) Everyone who commits an offence under paragraph 253(1)(a) and causes bodily harm to another person as a result is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.
Blood alcohol level over legal limit — bodily harm
(2.1) Everyone who, while committing an offence under paragraph 253(1)(b), causes an accident resulting in bodily harm to another person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.
Failure or refusal to provide sample — bodily harm
(2.2) Everyone who commits an offence under subsection 254(5) and, at the time of committing the offence, knows or ought to know that their operation of the motor vehicle, vessel, aircraft or railway equipment, their assistance in the operation of the aircraft or railway equipment or their care or control of the motor vehicle, vessel, aircraft or railway equipment caused an accident resulting in bodily harm to another person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.
Impaired driving causing death
(3) Everyone who commits an offence under paragraph 253(1)(a) and causes the death of another person as a result is guilty of an indictable offence and liable to imprisonment for life.
Blood alcohol level over legal limit — death
(3.1) Everyone who, while committing an offence under paragraph 253(1)(b), causes an accident resulting in the death of another person is guilty of an indictable offence and liable to imprisonment for life.
Failure or refusal to provide sample — death
(3.2) Everyone who commits an offence under subsection 254(5) and, at the time of committing the offence, knows or ought to know that their operation of the motor vehicle, vessel, aircraft or railway equipment, their assistance in the operation of the aircraft or railway equipment or their care or control of the motor vehicle, vessel, aircraft or railway equipment caused an accident resulting in the death of another person, or in bodily harm to another person whose death ensues, is guilty of an indictable offence and liable to imprisonment for life.
Interpretation
(3.3) For greater certainty, everyone who is liable to the punishment described in subsections (2) to (3.2) is also liable to the minimum punishment described in paragraph (1)(a).
(4) If subsection 5(3) of this Act comes into force on the same day as section 7 of the other Act, then section 7 of the other Act is deemed to have come into force before subsection 5(3) and subsection (3) applies.
(5) [Deleted]
Published under authority of the Speaker of the House of Commons