C-261
Second Session, Fortieth Parliament,
57 Elizabeth II, 2009
HOUSE OF COMMONS OF CANADA
BILL C-261
An Act to amend the Criminal Code (failure to stop at scene of accident)
first reading, January 27, 2009
NOTE
3rd Session, 40th Parliament
This bill was introduced during the Second Session of the 40th 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 Second Session. The number of the bill remains unchanged.
Mr. Martin (Winnipeg Centre)
401044
SUMMARY
This enactment amends the Criminal Code to provide that a person who has control of a vehicle, vessel or aircraft that is involved in an accident and who fails to stop at the scene of the accident is guilty of an offence for which the minimum punishment is seven years’ imprisonment and the maximum is life imprisonment, if another person suffers bodily harm and dies as a result of the accident.
If another person suffers bodily harm but does not die as a result of the accident, the person who failed to stop at the scene of the accident is guilty of an offence for which the minimum punishment is four years’ imprisonment and the maximum is life imprisonment.
These provisions apply whether or not the person knows that another person has suffered bodily harm or has died as a result of the accident, and whether or not the person has the intent to escape civil or criminal liability.
Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
2nd Session, 40th Parliament,
57 Elizabeth II, 2009
house of commons of canada
BILL C-261
An Act to amend the Criminal Code (failure to stop at scene of accident)
R.S., c. C-46
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. (1) Subsection 252(1.1) of the Criminal Code is replaced by the following:
Punishment
(1.1) Every person who commits an offence under subsection (1) in a case not referred to in subsection (1.2), (1.3) or (1.4) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years or is guilty of an offence punishable on summary conviction.
(2) Subsection 252(1.3) of the Act is replaced by the following:
Failure to stop when another person dies
(1.3) Every person who has the care, charge or control of a vehicle, vessel or aircraft that is involved in an accident with another person, vehicle, vessel or aircraft, and fails to stop the vehicle, vessel or, if possible, the aircraft, to give his or her name and address and, where any person has been injured or appears to require assistance, to offer assistance, is guilty of an indictable offence and liable to imprisonment for life and to a minimum punishment of imprisonment for a term of seven years if another person involved in the accident dies as a result of the accident.
Failure to stop when another person suffers bodily harm
(1.4) Every person who has the care, charge or control of a vehicle, vessel or aircraft that is involved in an accident with another person, vehicle, vessel or aircraft, and fails to stop the vehicle, vessel or, if possible, the aircraft, to give his or her name and address and, where any person has been injured or appears to require assistance, to offer assistance, is guilty of an indictable offence and liable to imprisonment for life and to a minimum punishment of imprisonment for a term of four years if another person involved in the accident suffers bodily harm as a result of the accident.
Knowledge of injury — intent to escape liability
(1.5) Subsections (1.3) and (1.4) apply
(a) whether or not the accused knows at the time of the accident that another person has been involved in the accident, or has suffered bodily harm or has died as a result of the accident; and
(b) whether or not the accused fails to stop at the scene of the accident with the intent to escape civil or criminal liability.
Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada