C-461
Second Session, Fortieth Parliament,
57-58 Elizabeth II, 2009
HOUSE OF COMMONS OF CANADA
BILL C-461
An Act to amend the Criminal Code (use of hand-held telecommunications device while operating a motor vehicle)
first reading, October 8, 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.
Ms. Duncan (Edmonton — Strathcona)
402362
SUMMARY
This enactment amends the Criminal Code to make it an offence to use a hand-held telecommunications device for sending or receiving messages in text format or a hand-held cellular telephone while operating a motor vehicle on a highway.
Section 2 of the Criminal Code specifies that “highway” means “a road to which the public has the right of access, and includes bridges over which or tunnels through which a road passes”.
Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
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2nd Session, 40th Parliament,
57-58 Elizabeth II, 2009
house of commons of canada
BILL C-461
An Act to amend the Criminal Code (use of hand-held telecommunications device while operating a motor vehicle)
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. The Criminal Code is amended by adding the following after section 252:
Definition of 
“hand-held cellular telephone”
252.1 (1) In this section, “hand-held cellular telephone” means a cellular telephone the use of which requires that it be placed close to the mouth and ear by being held in the hand or by any other means that requires the use of one or more parts of the body, but does not include a cellular telephone that is being used with an external speaker or with an earphone and microphone. 
Prohibition
(2) No person shall, while operating a motor vehicle on a highway, use
(a) a hand-held cellular telephone; or
(b) a hand-held telecommunications device for sending or receiving messages in text format.
Punishment
(3) Every person who contravenes subsection (2) is guilty of an offence and liable on summary conviction
(a) for a first offence, to a fine of not more than $500; and
(b) for a second or subsequent offence, to a fine of not more than $2,000 or to imprisonment for a term of not more than six months, or to both.
Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada