C-376
First Session, Thirty-ninth Parliament,
55 Elizabeth II, 2006
HOUSE OF COMMONS OF CANADA
BILL C-376
An Act to amend the Criminal Code (impaired driving) and to make consequential amendments to other Acts
first reading, October 31, 2006
NOTE
2nd Session, 39th Parliament
This bill was introduced during the First Session of the 39th Parliament. Pursuant to the Standing Orders of the House of Commons, it is deemed to have been considered and approved at all stages completed at the time of prorogation of the First Session. The number of the bill remains unchanged.
Mr. Cannan
391377
SUMMARY
This enactment amends the Criminal Code to create the new drinking and driving offence of operating, or having the care or control of, a vehicle while having a concentration of 50 milligrams or more of alcohol per 100 millilitres of blood. It also makes related amendments to the Criminal Records Act and the Identification of Criminals Act.
The new “over .05” offence is in addition to the current drinking and driving offences, and incorporates the elements and evidentiary procedures of the “over .08” offence. However, the provisions respecting the new offence are distinctive in several respects:
(a) the offence is an exclusively summary conviction offence with relatively moderate fines and driving prohibitions;
(b) a peace officer may issue a ticket to the accused, and an accused who receives a ticket can choose to plead guilty without having to appear in court;
(c) for an accused who wishes to contest the charge, the ticket procedure adopts the existing procedures that apply to appearance notices;
(d) because of related changes made to the Criminal Records Act, if a person convicted of the new “over .05” offence has no additional drinking-and-driving related convictions for two years, the record of the conviction will be destroyed; and
(e) to ensure accuracy in identifying the offender and determining whether they qualify to have their record of conviction destroyed, an accused is subject to the Identification of Criminals Act even though the offence is a summary conviction offence.
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 Elizabeth II, 2006
house of commons of canada
BILL C-376
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 20 of the Criminal Code is replaced by the following:
Certain acts on holidays valid
20. A warrant, summons or ticket that is authorized by this Act or an appearance notice, promise to appear, undertaking or recognizance issued, given or entered into in accordance with Part XVI, XXI or XXVII may be issued, executed, given or entered into, as the case may be, on a holiday.
2. (1) Section 145 of the Act is amended by adding the following after subsection (4):
Failure to comply with ticket
(4.1) Every person to whom a ticket is issued under section 260.1 and who fails, without lawful excuse, the proof of which lies on the person,
(a) to appear at the time and place stated therein, if any, for the purposes of the Identification of Criminals Act, or
(b) to attend court in accordance with the ticket, if the ticket has been confirmed by a justice under paragraph 508(1)(b),
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years or is guilty of an offence punishable on summary conviction.
(2) Subsection 145(6) of the Act is replaced by the following:
Defective statement of offence
(6) For the purposes of subsections (4.1) and (5), it is not a lawful excuse that a ticket, appearance notice, promise to appear or recognizance states defectively the substance of the alleged offence.
(3) The portion of subsection 145(9) of the Act before paragraph (a) is replaced by the following:
Proof of certain facts by certificate
(9) In any proceedings under subsection (2), (4), (4.1) or (5), a certificate of the clerk of the court or a judge of the court before which the accused is alleged to have failed to attend or of the person in charge of the place at which it is alleged the accused failed to attend for the purposes of the Identification of Criminals Act stating that,
(4) Subsection 145(9) of the Act is amended by striking out the word “and” at the end of paragraph (b) and by adding the following after paragraph (b):
(b.1) in the case of proceedings under subsection (4.1), a ticket was issued to the accused under section 260.1 and confirmed by a justice under paragraph 508(1)(b) and the accused failed to attend court in accord-ance therewith, or a ticket was issued to the accused under section 260.1 and the accused failed to appear at the time and place stated therein for the purposes of the Identification of Criminals Act, as the case may be, and
3. Section 253 of the Act is amended by striking out the word “or” at the end of paragraph (a), by adding the word “or” at the end of paragraph (b) and by adding the following after paragraph (b):
(c) having consumed alcohol in such a quantity that the concentration in the person's blood exceeds fifty milligrams of alcohol in one hundred millilitres of blood.
4. (1) The portion of subsection 255(1) of the Act before paragraph (a) is replaced by the following:
Punishment
255. (1) Every one who commits an offence under paragraph 253(a) or (b) or section 254 is guilty of an indictable offence or an offence punishable on summary conviction and is liable,
(2) Section 255 of the Act is amended by adding the following after subsection (1):
Punishment
(1.1) Every one who commits an offence under paragraph 253(c) is guilty of an offence punishable on summary conviction and is liable,
(a) for a first offence, to a fine of not less than three hundred dollars; and
(b) for each subsequent offence, to a fine of not less than six hundred dollars.
(3) The portion of subsection 255(4) of the Act before paragraph (a) is replaced by the following:
Previous
convictions
(4) Where a person is convicted of an offence committed under paragraph 253(a), (b) or (c) or subsection 254(5), that person shall, for the purposes of this Act, be deemed to be convicted for a second or subsequent offence, as the case may be, if the person has previously been convicted of
5. (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) or (1.1) in respect of an offence committed under section 253 or in any proceedings under subsection 255(2) or (3),
(2) Subsection 258(1) of the Act is amended by adding the following after paragraph (d.1):
(d.2) in respect of an offence committed under paragraph 253(c), where samples of the breath of the accused or a sample of the blood of the accused have been taken as described in paragraph (c) or (d) under the conditions described therein and the results of the analyses show a concentration of alcohol in blood exceeding fifty milligrams of alcohol in one hundred millilitres of blood, evidence of the result of the analyses is, in the absence of evidence tending to show that the concentration of alcohol in the blood of the accused at the time when the offence was alleged to have been committed did not exceed fifty milligrams of alcohol in one hundred millilitres of blood, proof that the concentration of alcohol in the blood of the accused at the time when the offence was alleged to have been committed exceeded fifty milligrams of alcohol in one hundred millilitres of blood;
6. (1) Paragraphs 259(1)(a) to (c) of the Act are replaced by the following:
(a) in respect of an offence committed under paragraph 253(a) or (b) or section 254,
(i) 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,
(ii) 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
(iii) for each subsequent offence, during a period of not less than three years plus any period to which the offender is sentenced to imprisonment; and
(b) in respect of an offence committed under paragraph 253(c),
(i) for a first offence, during a period of forty-five days, and
(ii) for each subsequent offence, during a period of ninety days.
(2) Subsections 259(1.1) to (1.4) of the Act are replaced by the following:
Alcohol ignition interlock device program
(1.1) If an offender has been convicted of an offence under paragraph 253(a) or (b) or section 254 and is registered in an alcohol ignition interlock device program established
under the law of the province in which the offender resides and complies with the conditions of the program, the offender may, subject to subsection (1.2), operate a motor vehicle equipped with an alcohol ignition interlock device during the prohibition period, unless the court orders otherwise.
Absolute prohibition period
(1.2) An offender who has been convicted of an offence under paragraph 253(a) or (b) or section 254 and who is registered in a program referred to in subsection (1.1) may not
operate a motor vehicle equipped with an alcohol ignition interlock device until
(a) the expiry of a period of
(i) for a first offence, 3 months after the day on which sentence is imposed,
(ii) for a second offence, 6 months after the day on which sentence is imposed, and
(iii) for each subsequent offence, 12 months after the day on which sentence
is imposed; or
(b) the expiry of any period that may be fixed by order of the court that is greater than
a period referred to in paragraph (a).
7. The Act is amended by adding the following after section 260:
Issuance of ticket for paragraph 253(c) offence
260.1 (1) In respect of an offence committed by a person under paragraph 253(c),
(a) a peace officer who is authorized under section 496 to issue an appearance notice to the person may instead issue a ticket to the person; and
(b) a peace officer who is authorized under subsection 497(1) to issue an appearance notice to the person and then release them, or an officer in charge or another peace officer who is authorized under subsection 498(1) to release the person on their giving a promise to appear, may instead issue a ticket to the person and then release them.
Contents of ticket
(2) The ticket shall be in Form 9.1 and
(a) shall set out the name of the person to whom it is issued;
(b) shall set out the substance of the offence that the person is alleged to have committed;
(c) may require the person to appear at a time and place stated in it for the purposes of the Identification of Criminals Act;
(d) shall set out the two options the person has in responding to the ticket, namely,
(i) to plead guilty in accordance with subsection 260.2(1), or
(ii) to attend court at the time and place stated in the ticket and attend thereafter as required by the court in order to be dealt with according to law;
(e) shall set out the fine payable, in the minimum amount specified for the offence in paragraph 255(1.1)(a) or (b), as the case may be, and the length of the prohibition order that will result if the person chooses to plead guilty in accordance with subsection 260.2(1);
(f) shall specify a time, at least thirty days after the day the ticket is issued, and place at which the person must attend court if the person does not plead guilty in accordance with subsection 260.2(1); and
(g) shall set out the text of subsections 145(4.1) and (6) and 259(4) and section 502.1.
Validity of ticket not affected
(3) A peace officer who issues a ticket to a person shall request the person to sign the ticket in duplicate and, whether or not the request is complied with, shall give one of the duplicates to the person, but if the person fails or refuses to sign, the lack of his or her signature does not invalidate the ticket.
Certificate of issue
(4) The peace officer may complete and sign a certificate stating that the ticket was, on the day set out in the certificate, issued to the person who the peace officer believes committed the offence.
Certificate as evidence
(5) The certificate is evidence that, on the day set out in the certificate, a ticket was issued to the person who the peace officer believes committed the offence.
Proof of issue of ticket
(6) The issue of a ticket by a peace officer may be proved by
(a) the oral evidence, given under oath, of the officer who issued it;
(b) the officer's affidavit made before a justice or other person authorized to administer oaths or to take affidavits; or
(c) a certificate referred to in subsection (4).
Option to plead guilty by paying ticket
260.2 (1) A person to whom a ticket is issued may, within twenty-one days after the day it is issued, plead guilty with respect to the offence alleged in the ticket by delivering the ticket in person to the place specified in it, along with
(a) full payment of the fine set out in the ticket; or
(b) part payment of the fine set out in the ticket, if granted time to pay by a justice of the peace on application by or on behalf of the person.
Time limit and holidays
(2) Where the time limited by subsection (1) for pleading guilty expires on a holiday or a Saturday, the person may plead guilty in accordance with that subsection on the day next following that is not a holiday or a Saturday.
Effect of payment
(3) Payment under paragraph (1)(a) or (b) constitutes a plea of guilty and endorsement of payment on the ticket constitutes a conviction, and
(a) the amount of the fine set out in the ticket shall be deemed to be a fine imposed on the offender under section 734 by an order made by a court under section 734.1; and
(b) the offender shall be deemed to be sentenced, pursuant to and in accordance with subsection 259(1), to an order prohibiting the offender
(i) from operating a motor vehicle on any street, road, highway or other public place, if the offence was committed while operating or having care or control of a motor vehicle, or
(ii) from operating a vessel or an aircraft or railway equipment, as the case may be, if the offence was committed while operating or having care or control of a vessel, an aircraft or railway equipment or assisting in the operation of a vessel, an aircraft or railway equipment.
Proceedings on receipt of
payment
(4) A person designated by the Attorney General to receive payments made under subsection (1) shall, upon receiving a payment from an offender under paragraph (1)(a) or (b),
(a) endorse the ticket to confirm receipt of the payment;
(b) give to the offender the explanations described in subparagraphs 734.2(a)(ii) to (iv);
(c) give to the offender a statement of the terms of the prohibition order and an explanation of the order and of subsection 259(4); and
(d) request the offender to endorse a copy of the statement, acknowledging that it has been received and that the order has been explained to the offender.
Validity of order not
affected
(5) The failure of an offender to endorse a copy of the statement as requested under paragraph (4)(d) does not affect the validity of the prohibition order.
Coming into force of order
(6) A prohibition order deemed to have been made by virtue of paragraph (3)(b) comes into force on the expiration of the day on which payment is made under paragraph (1)(a) or (b).
Non-application of certain provisions
(7) Subsections 260(1) to (4) do not apply to a prohibition order deemed to have been made by virtue of paragraph (3)(b).
Designated person under section 734.3
(8) A justice of the peace constitutes a person designated by title of office who may, on application by or on behalf of an offender, exercise the powers described in section 734.3 in respect of an order imposing a fine deemed to have been made by virtue of paragraph (3)(a).
Proof of previous conviction
(9) In any proceedings, a ticket endorsed under subsection (4), or a certificate setting out with reasonable particularity the conviction and sentence of an offender under this section signed by a person designated to receive payments made under subsection (1), is, on proof that the accused or defendant is the offender referred to in the ticket or certificate, evidence that the accused or defendant was convicted and sentenced under this section without proof of the signature or the official character of the person appearing to have endorsed the ticket or signed the certificate.
Proof of identity
(10) In any summary conviction proceedings, where the name of a defendant is similar to the name of an offender referred to in a ticket or certificate described in subsection (9), that similarity of name is, in the absence of evidence to the contrary, evidence that the defendant is the offender referred to in the ticket or certificate.
8. (1) The definition “accused” in section 493 of the Act is amended by striking out the word “and” at the end of paragraph (a), by adding the word “and” at the end of paragraph (b) and by adding the following after paragraph (b):
(c) a person to whom a peace officer has issued a ticket;
(2) Section 493 of the Act is amended by adding the following in alphabetical order:
“ticket”« procès-verbal d'infraction » ou « procès-verbal »
“ticket” means a ticket in Form 9.1 issued under section 260.1;
9. Subsection 501(3) of the Act is replaced by the following:
Attendance for purposes of Identification of Criminals Act
(3) An appearance notice issued by a peace officer or a promise to appear given to, or a recognizance entered into before, an officer in charge or another peace officer may require the accused to appear at a time and place stated in it for the purposes of the Identification of Criminals Act, where the accused is alleged to have committed an indictable offence or an offence under paragraph 253(c), unless the offence is designated as a contravention under the Contraventions Act and the Attorney General, within the meaning of that Act, has made an election under section 50 of that Act.
10. The Act is amended by adding the following after section 502:
Failure to appear
502.1 Where an accused who is required by a ticket to appear at a time and place stated in it for the purposes of the Identification of Criminals Act does not appear at that time and place, a justice may issue a warrant for the arrest of the accused for the offence alleged in the ticket.
11. Section 505 of the Act is renumbered as subsection 505(1) and is amended by adding the following:
Information to be laid where ticket issued
(2) Where an accused to whom a ticket was issued does not plead guilty in accordance with subsection 260.2(1) before the expiration of the time limited by subsections 260.2(1) and (2) for so doing, an information relating to the offence alleged to have been committed by the accused shall be laid before a justice as soon as practicable thereafter and in any event before the time stated in the ticket for the accused to attend in court.
12. Paragraphs 508(1)(b) and (c) of the Act are replaced by the following:
(b) where he considers that a case for so doing is made out, whether the information relates to the offence alleged in the ticket, appearance notice, promise to appear or recognizance or to an included or other offence,
(i) confirm the ticket, appearance notice, promise to appear or recognizance, as the case may be, and endorse the information accordingly, or
(ii) cancel the ticket, appearance notice, promise to appear or recognizance, as the case may be, and issue, in accordance with section 507, either a summons or a warrant for the arrest of the accused to compel the accused to attend before him or some other justice for the same territorial division to answer to a charge of an offence and endorse on the summons or warrant that the ticket, appearance notice, promise to appear or recognizance, as the case may be, has been cancelled; and
(c) where he considers that a case is not made out for the purposes of paragraph (b), cancel the ticket, appearance notice, promise to appear or recognizance, as the case may be, and cause the accused to be notified forthwith of the cancellation.
13. Subsection 509(5) of the Act is replaced by the following:
Attendance for purposes of Identification of Criminals Act
(5) A summons may require the accused to appear at a time and place stated in it for the purposes of the Identification of Criminals Act, where the accused is alleged to have committed an indictable offence or an offence under paragraph 253(c), unless the offence is designated as a contravention under the Contraventions Act and the Attorney General, within the meaning of that Act, has made an election under section 50 of that Act.
14. (1) Paragraph 512(1)(a) of the Act is replaced by the following:
(a) a ticket, an appearance notice or a promise to appear or a recognizance entered into before an officer in charge or another peace officer has been confirmed or cancelled under subsection 508(1);
(2) Paragraph 512(2)(b) of the Act is replaced by the following:
(b) a ticket, an appearance notice or a promise to appear or a recognizance entered into before an officer in charge or another peace officer has been confirmed under subsection 508(1) and the accused fails to attend court in accordance therewith in order to be dealt with according to law, or
15. (1) Paragraph (c) of Form 7 of Part XXVIII of the Act is replaced by the following:
(c) (a ticket or an appearance notice or a promise to appear or a recognizance entered into before an officer in charge) was confirmed and the accused failed to attend court in accordance therewith [512(2)];
(2) Paragraph (h) of Form 7 of Part XXVIII of the Act is replaced by the following:
(h) the accused was required by (a ticket or an appearance notice or a promise to appear or a recognizance entered into before an officer in charge or a summons) to attend at a time and place stated therein for the purposes of the Identification of Criminals Act and did not appear at that time and place [502, 502.1, 510];
16. The text of subsection 145(6) in Form 9 of Part XXVIII of the Act is replaced by the following:
(6) For the purposes of subsections (4.1) and (5), it is not a lawful excuse that a ticket, appearance notice, promise to appear or recognizance states defectively the substance of the alleged offence.
17. Part XXVIII of the Act is amended by adding the following after Form 9:
FORM 9.1 
(Sections 260.1 and 493)
TICKET ISSUED BY A PEACE OFFICER
FOR AN OFFENCE UNDER 
PARAGRAPH 253(c)
Ticket No. ...............
Canada,
Province of ....................,
(territorial division).
To A.B., of ................, (occupation):
I, (name of peace officer), believe on reasonable grounds that on the ....... day of ................, A.D. ......., at approximately ............ (time) at .................. (place) you did operate (or have the care or control of or assist in the operation of, as the case may be) a motor vehicle (or a vessel or an aircraft or railway equipment, as the case may be), having consumed alcohol in such a quantity that the concentration in your blood exceeded fifty milligrams of alcohol in one hundred millilitres of blood, contrary to paragraph 253(c) of the Criminal Code.
1. You are required to appear on ....... day, the ....... day of ................ A.D. ......., at ............ o'clock in the ........ noon, at .......................... (police station), (address), for the purposes of the Identification of Criminals Act. (Ignore if not filled in.)
2. You are required to choose one of the following two options:
Option 1: Plead guilty without appearing in court
On or before the ....... day of ................ A.D. ....... (insert date of first non-holiday weekday that falls at least 21 days after today's date), you may plead guilty to the offence alleged above and be sentenced to the fine and driving prohibition set out below by delivering this ticket in person, along with all or part (if you request and are granted time to pay) of the fine, to ...................................... (address).
First Offence: $300 fine,
45-day driving prohibition
(delete as appropriate)
Subsequent Offence: $600 fine,
90-day driving prohibition
The driving prohibition (see the reverse side of this ticket) begins at midnight at the end of the day on which you pay all or part of the fine as described above.
You are advised that pleading guilty to the offence under Option 1 results in a conviction for the offence under the Criminal Code (see the reverse side of this ticket).
OR
Option 2: Appear in court to plead guilty or not guilty
If you do not plead guilty under Option 1, then you are required to attend court on ....... day, the ....... day of ................ A.D. ....... (insert a court date that falls at least 30 days after today's date), at ............ o'clock in the ........ noon, in courtroom No. ........, at ................ court, in the municipality of .............., and to attend thereafter as required by the court, in order to be dealt with according to law.
3. You are warned that it is a criminal offence to fail to appear for the purposes of the Identification of Criminals Act if required by this ticket to do so, or to fail to attend court in accordance with this ticket, or to operate a motor vehicle, vessel, aircraft or railway equipment while prohibited from doing so (see the reverse side of this ticket).
Issued at ........ a.m./p.m. this ................ day of ....... A.D. ........, at ................. .
..................................................
(Signature of peace officer)
.........................................
(Signature of accused)
(Reverse Side of Form 9.1)
Criminal Code Provisions
Failure to appear: Subsections 145(4.1) and (6) of the Criminal Code state as follows:
“(4.1) Every person to whom a ticket is issued under section 260.1 and who fails, without lawful excuse, the proof of which lies on the person,
(a) to appear at the time and place stated therein, if any, for the purposes of the Identification of Criminals Act, or
(b) to attend court in accordance with the ticket, if the ticket has been confirmed by a justice under paragraph 508(1)(b),
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years or is guilty of an offence punishable on summary conviction.”
“(6) For the purposes of subsections (4.1) and (5), it is not a lawful excuse that a ticket, appearance notice, promise to appear or recognizance states defectively the substance of the alleged offence.”
Driving while disqualified: Subsection 259(4) of the Criminal Code states as follows:
“(4) Every one who operates a motor vehicle, vessel or aircraft or any railway equipment in Canada while disqualified from doing so
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.”
Warrant for arrest: Section 502.1 of the Criminal Code states as follows:
“502.1 Where an accused who is required by a ticket to appear at a time and place stated in it for the purposes of the Identification of Criminals Act does not appear at that time and place, a justice may issue a warrant for the arrest of the accused for the offence alleged in the ticket.”
Driving Prohibition
Upon pleading guilty under Option 1, you are automatically prohibited 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, corresponding to the means — a motor vehicle, vessel, aircraft, or railway equipment — by which the offence was committed) for a period of 45 days for a first offence or 90 days for a subsequent offence, as indicated on the front of this ticket.
Criminal Record Consequences
You will have a criminal record if you are convicted of the offence in this ticket. However, if you have no additional Criminal Code convictions for an offence under section 253 (impaired driving, “over .08", or "over .05”) or subsection 254(5) (failure or refusal to provide sample), 255(2) (impaired driving causing bodily harm), 255(3) (impaired driving causing death) or 259(4) (operation while disqualified) in the two years following your conviction for the offence in this ticket, the records of the conviction will be destroyed and you will be deemed not to have been convicted of this offence (see section 6.01 of the Criminal Records Act).
18. The text of subsection 145(6) in Form 10 of Part XXVIII of the Act is replaced by the following:
(6) For the purposes of subsections (4.1) and (5), it is not a lawful excuse that a ticket, appearance notice, promise to appear or recognizance states defectively the substance of the alleged offence.
19. The text of subsection 145(6) in Form 11 of Part XXVIII of the Act is replaced by the following:
(6) For the purposes of subsections (4.1) and (5), it is not a lawful excuse that a ticket, appearance notice, promise to appear or recognizance states defectively the substance of the alleged offence.
R.S., c. C-47
CRIMINAL RECORDS ACT
20. The Criminal Records Act is amended by adding the following after section 6:
Vacating conviction — paragraph 253(c) of the Criminal Code
6.01 (1) If a person convicted of an offence under paragraph 253(c) of the Criminal Code has not, within two years after the date of the conviction, been convicted of an offence under section 253 or subsection 254(5), 255(2) or (3) or 259(4) of that Act, the person is deemed not to have been convicted of the offence under paragraph 253(c) and the conviction for that offence is hereby vacated.
Order respecting custody of record
(2) The Minister shall, by order in writing addressed to any person having the custody or control of any record of a conviction vacated under subsection (1), require that person to deliver that record into the custody of the Commissioner.
Disposal of record
(3) Any record of a conviction vacated under subsection (1) that is in the custody of the Commissioner or of any department or agency of the Government of Canada shall be destroyed, and no such record shall be disclosed to any person, nor shall the existence of the record or the fact of the conviction be disclosed to any person.
Removal from system
(4) The Commissioner shall remove all references to a conviction vacated under subsection (1) from the automated criminal conviction records retrieval system maintained by the Royal Canadian Mounted Police.
21. The portion of section 8 of the Act before paragraph (a) is replaced by the following:
Applications for employment
8. No person shall use or authorize the use of an application form for or relating to any of the following matters that contains a question that by its terms requires the applicant to disclose a conviction vacated under subsection 6.01(1) or a conviction in respect of which a pardon that has not been revoked or ceased to have effect has been granted or issued to the applicant:
R.S., c. I-1
IDENTIFICATION OF CRIMINALS ACT
22. (1) Paragraph 2(1)(a) of the Identification of Criminals Act is amended by striking out the word “or” at the end of subparagraph (i), by adding the word “or” at the end of subparagraph (ii) and by adding the following after subparagraph (ii):
(iii) an offence under paragraph 253(c) of the Criminal Code;
(2) Subsection 2(1) of the Act is amended by striking out the word “or” at the end of paragraph (c), by adding the word “or” at the end of paragraph (d) and by adding the following after paragraph (d):
(e) any person alleged to have committed an offence under paragraph 253(c) of the Criminal Code who is required, pursuant to subsection 260.1(2), 501(3) or 509(5) of the Criminal Code, to appear for the purposes of this Act by a ticket, appearance notice, promise to appear, recognizance or summons.
COORDINATING AMENDMENTS
Bill C-23
23. (1) Subsections (2) and (3) 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 section 8 of the other Act comes into force before this Act, then, on the coming into force of this Act, subsection 6(2) of this Act is replaced by the following:
(2) Subsections 259(1.1) and (1.2) of the Act are replaced by the following:
Alcohol ignition interlock device program
(1.1) If an offender has been convicted of an offence under paragraph 253(a) or (b) or section 254 and is registered in an alcohol ignition interlock device program established under the law of the province in which the offender resides and complies with the conditions of the program, the offender may, subject to subsection (1.2), operate a motor vehicle equipped with an alcohol ignition interlock device during the prohibition period, unless the court orders otherwise.
Absolute prohibition period
(1.2) An offender who has been convicted of an offence committed under paragraph 253(a) or (b) or section 254 and who is registered in a program referred to in subsection (1.1) may not operate a motor vehicle equipped with an alcohol ignition interlock device until
(a) the expiry of a period of
(i) for a first offence, 3 months after the day on which sentence is imposed,
(ii) for a second offence, 6 months after the day on which sentence is imposed, and
(iii) for each subsequent offence, 12 months after the day on which sentence
is imposed; or
(b) the expiry of any period that may be fixed by order of the court that is greater than
a period referred to in paragraph (a).
(3) If this Act comes into force before section 8 of the other Act, section 8 is repealed. 
(4) If section 8 of the other Act comes into force on the same day as this Act, then this Act is deemed to have come into force before section 8 of the other Act and subsection (3) applies.
COMING INTO FORCE
Coming into force
24. This Act, other than section 23, comes into force 180 days after the day on which it receives royal assent.
Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada