Criminal Code Changes - December 18,  2018

New Old
320.11
 The following definitions apply in this Part.

    analyst means a person who is, or a person who is a member of a class of persons that is, designated by the Attorney General under subparagraph 320.4(b)(ii) or paragraph 320.4(c). (analyste)

    approved container means a container that is designed to receive a sample of a person’s blood for analysis and that is approved by the Attorney General of Canada under paragraph 320.39(d). (contenant approuvé)

    approved drug screening equipment means equipment that is designed to ascertain the presence of a drug in a person’s body and that is approved by the Attorney General of Canada under paragraph 320.39(b). (matériel de détection des drogues approuvé)

    approved instrument means 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 that is approved by the Attorney General of Canada under paragraph 320.39(c). (éthylomètre approuvé)

    approved screening device means a device that is designed to ascertain the presence of alcohol in a person’s blood and that is approved by the Attorney General of Canada under paragraph 320.39(a). (appareil de détection approuvé)

    conveyance means a motor vehicle, a vessel, an aircraft or railway equipment.  (moyen de transport)		 254(1)  In this section and sections 254.1 to 258.1,

    analyst means a person designated by the Attorney General as an analyst for the purposes of section 258; (analyste)

    approved container means a container of a kind that is approved by order of the Attorney General of Canada under paragraph 254.01(d); (contenant approuvé)

    approved drug screening equipment means equipment of a kind that is approved by order of the Attorney General of Canada under paragraph 254.01(b); (matériel de détection des drogues approuvé)

    approved instrument means an instrument of a kind that is approved by order of the Attorney General of Canada under paragraph 254.01(c); (alcootest approuvé)

    approved screening device means a device of a kind that is approved by order of the Attorney General of Canada under paragraph 254.01(a); (appareil de détection approuvé)
evaluating officer means a peace officer who has the qualifications prescribed by regulation that are required in order to act as an evaluating officer. (agent évaluateur)

operate means
  1. in respect of a motor vehicle, to drive it or to have care or control of it;

  2. in respect of a vessel or aircraft, to navigate it, to assist in its navigation or to have care or control of it; and

  3. in respect of railway equipment, to participate in the direct control of its motion, or to have care or control of it as a member of the equipment’s crew, as a person who acts in lieu of a member of the equipment’s crew by remote control, or otherwise. (conduire)
    evaluating officer means a peace officer who is qualified under the regulations to conduct evaluations under subsection (3.1); (agent évaluateur)
qualified medical practitioner means a person who is qualified under provincial law to practise medicine. (médecin qualifié)

qualified technician means

  1. in respect of breath samples, a person who is designated by the Attorney General under paragraph 320.4(a); and

  2. in respect of blood samples, a person who is, or a person who is a member of a class of persons that is, designated by the Attorney General under subparagraph 320.4(b)(i). (technicien qualifié)

    vessel includes a hovercraft. (bateau)
qualified medical practitioner means a person duly qualified by provincial law to practise medicine; (médecin qualifié)

qualified technician means,
  1. in respect of breath samples, a person designated by the Attorney General as being qualified to operate an approved instrument, and

  2. in respect of blood samples, any person or person of a class of persons designated by the Attorney General as being qualified to take samples of blood for the purposes of this section and sections 256 and 258. (technicien qualifié)
320.12 It is recognized and declared that
  1. operating a conveyance is a privilege that is subject to certain limits in the interests of public safety that include licensing, the observance of rules and sobriety;

  2. the protection of society is well served by deterring persons from operating conveyances dangerously or while their ability to operate them is impaired by alcohol or a drug, because that conduct poses a threat to the life, health and safety of Canadians;

  3. the analysis of a sample of a person’s breath by means of an approved instrument produces reliable and accurate readings of blood alcohol concentration; and

  4. an evaluation conducted by an evaluating officer is a reliable method of determining whether a person’s ability to operate a conveyance is impaired by a drug or by a combination of alcohol and a drug.

320.13(1) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public. 249(1) Every one commits an offence who operates

  1. a motor vehicle in a manner that is dangerous to the public, having regard to all the circumstances, including the nature, condition and use of the place at which the motor vehicle is being operated and the amount of traffic that at the time is or might reasonably be expected to be at that place;

  2. a vessel or any water skis, surf-board, water sled or other towed object on or over any of the internal waters of Canada or the territorial sea of Canada, in a manner that is dangerous to the public, having regard to all the circumstances, including the nature and condition of those waters or sea and the use that at the time is or might reasonably be expected to be made of those waters or sea;

  3. an aircraft in a manner that is dangerous to the public, having regard to all the circumstances, including the nature and condition of that aircraft or the place or air space in or through which the aircraft is operated; or

  4. railway equipment in a manner that is dangerous to the public, having regard to all the circumstances, including the nature and condition of the equipment or the place in or through which the equipment is operated.
320.13(2) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and, as a result, causes bodily harm to another person. 255(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.
320.13(3) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and, as a result, causes the death of another person.

320.14(1) Everyone commits an offence who
  1. operates a conveyance while the person’s ability to operate it is impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug;

  2. subject to subsection (5), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration that is equal to or exceeds 80 mg of alcohol in 100 mL of blood;

  3. subject to subsection (6), has, within two hours after ceasing to operate a conveyance, a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation; or

  4. subject to subsection (7), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration and a blood drug concentration that is equal to or exceeds the blood alcohol concentration and the blood drug concentration for the drug that are prescribed by regulation for instances where alcohol and that drug are combined.
 253 (1) Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,

  1. while the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or

  2. having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.

(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.

(3) Subject to subsection (4), everyone commits an offence who has within two hours after ceasing to operate a motor vehicle or vessel or after ceasing to operate or to assist in the operation of an aircraft or of railway equipment or after ceasing to have the care or control of a motor vehicle, vessel, aircraft or railway equipment

  1. a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation;

  2. a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation and that is less than the concentration prescribed for the purposes of paragraph (a); or

  3. a blood alcohol concentration and a blood drug concentration that is equal to or exceeds the blood alcohol concentration and the blood drug concentration for the drug that are prescribed by regulation for instances where alcohol and that drug are combined.
320.14(2) Everyone commits an offence who commits an offence under subsection (1)Impaired/.08/drugs and who, while operating the conveyance, causes bodily harm to another person. 255(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.
255(2.1) Everyone who, while committing an offence under paragraph 253(1)(b) or (3)(a) or (c), causes an accident resulting in bodily harm to another person is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years.
320.14(3) Everyone commits an offence who commits an offence under subsection (1)Impaired/.08/drugs and who, while operating the conveyance, causes the death of another person. 255(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.
255(3.1) Everyone who, while committing an offence under paragraph 253(1)(b) or (3)(a) or (c), causes an accident resulting in the death of another person is guilty of an indictable offence and is liable to imprisonment for life.
320.14(4) Subject to subsection (6), everyone commits an offence who has, within two hours after ceasing to operate a conveyance, a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation and that is less than the concentration prescribed for the purposes of paragraph (1)(c). 255(3)(b) (3) Subject to subsection (4), everyone commits an offence who has within two hours after ceasing to operate a motor vehicle or vessel or after ceasing to operate or to assist in the operation of an aircraft or of railway equipment or after ceasing to have the care or control of a motor vehicle, vessel, aircraft or railway equipment

  • a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation and that is less than the concentration prescribed for the purposes of paragraph (a)
    		•
    320.14(5) No person commits an offence under paragraph (1)(b) if

    1. they consumed alcohol after ceasing to operate the conveyance;

    2. after ceasing to operate the conveyance, they had no reasonable expectation that they would be required to provide a sample of breath or blood; and

    3. their alcohol consumption is consistent with their blood alcohol concentration as determined in accordance with subsection 320.31(1) or (2) and with their having had, at the time when they were operating the conveyance, a blood alcohol concentration that was less than 80 mg of alcohol in 100 mL of blood.

    320.14(6)
    320.14(7)    		 No person commits an offence under paragraph (1)(c) or subsection (4) if

    1. they consumed the drug after ceasing to operate the conveyance; and

    2. after ceasing to operate the conveyance, they had no reasonable expectation that they would be required to provide a sample of a bodily substance.

    (7) No person commits an offence under paragraph (1)(d) if

    1. they consumed the drug or the alcohol or both after ceasing to operate the conveyance;

    2. after ceasing to operate the conveyance, they had no reasonable expectation that they would be required to provide a sample of a bodily substance; and

    3. their alcohol consumption is consistent with their blood alcohol concentration as determined in accordance with subsection 320.31(1) or (2) and with their having had, at the time when they were operating the conveyance, a blood alcohol concentration less than the blood alcohol concentration established under paragraph 320.38(c).
    		(4) No person commits an offence under subsection (3) if

    1. they consumed the drug or the alcohol or both after ceasing to operate a motor vehicle or vessel, or after ceasing to operate or assist in the operation of an aircraft or railway equipment or after ceasing to have the care or control of a motor vehicle, a vessel, an aircraft or railway equipment; and

    2. after ceasing the activities described in paragraph (a), they had no reasonable expectation that they would be required to provide a sample of a bodily substance.
    320.15(1) Everyone commits an offence who, knowing that a demand has been made, fails or refuses to comply, without reasonable excuse, with a demand made under section 320.27 or 320.28. 254(5) Everyone commits an offence who, without reasonable excuse, fails or refuses to comply with a demand made under this section.
    320.15(2) Everyone commits an offence who commits an offence under subsection (1) and who, at the time of the failure or refusal, knows that, or is reckless as to whether, they were involved in an accident that resulted in bodily harm to another person. 255(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.
    320.15(3) Everyone commits an offence who commits an offence under subsection (1) and who, at the time of the failure or refusal, knows that, or is reckless as to whether, they were involved in an accident that resulted in the death of another person or in bodily harm to another person whose death ensues. 255(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.
    320.15(4) A person who is convicted of an offence under this section is not to be convicted of another offence under this section with respect to the same transaction. 254(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.
    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. 252(1)
    252(1.1)    		 Every person commits an offence who has the care, charge or control of a vehicle, vessel or aircraft that is involved in an accident with

    1. another person,

    2. a vehicle, vessel or aircraft, or

    3. in the case of a vehicle, cattle in the charge of another person,

    and with intent to escape civil or criminal liability fails to stop the vehicle, vessel or, if possible, the aircraft, give his or her name and address and, where any person has been injured or appears to require assistance, offer assistance.

    (1.1) Every person who commits an offence under subsection (1) in a case not referred to in subsection (1.2) or (1.3) 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.
    320.16(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. 252(1.2)
    		 (1.2) Every person who commits an offence under subsection (1) knowing that bodily harm has been caused to another person involved in the accident is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
    320.16(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. 252(1.3)
    		 (1.3) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for life if

    1. the person knows that another person involved in the accident is dead; or

    2. the person knows that bodily harm has been caused to another person involved in the accident and is reckless as to whether the death of the other person results from that bodily harm, and the death of that other person so results.


    		252(2) In proceedings under subsection (1), evidence that an accused failed to stop his vehicle, vessel or, where possible, his aircraft, as the case may be, offer assistance where any person has been injured or appears to require assistance and give his name and address is, in the absence of evidence to the contrary, proof of an intent to escape civil or criminal liability.
    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. 249.1 (1) Every one commits an offence who, operating a motor vehicle while being pursued by a peace officer operating a motor vehicle, fails, without reasonable excuse and in order to evade the peace officer, to stop the vehicle as soon as is reasonable in the circumstances.

    (2) Every one who commits an offence under subsection (1)

    1. is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    2. is guilty of an offence punishable on summary conviction.


    (3) Every one commits an offence who causes bodily harm to or the death of another person by operating a motor vehicle in a manner described in paragraph 249(1)(a), if the person operating the motor vehicle was being pursued by a peace officer operating a motor vehicle and failed, without reasonable excuse and in order to evade the police officer, to stop the vehicle as soon as is reasonable in the circumstances.
    320.18(1) Everyone commits an offence who operates a conveyance while prohibited from doing so

    1. by an order made under this Act; or

    2. 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.
    		 259(4)
    		 (4) Every offender who operates a motor vehicle, vessel or aircraft or any railway equipment in Canada while disqualified from doing so, other than an offender who is registered in an alcohol ignition interlock device program established under the law of the province in which the offender resides and who complies with the conditions of the program,

    1. is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    2. is guilty of an offence punishable on summary conviction.
    (5) For the purposes of this section, disqualification means

    1. a prohibition from operating a motor vehicle, vessel or aircraft or any railway equipment ordered under any of subsections (1), (1.01), (2) and (3.1) to (3.4); or

    2. in respect of a conviction or discharge under section 730 of any offence referred to in any of subsections (1), (1.01), (2) and (3.1) to (3.4), a disqualification or any other form of legal restriction of the right or privilege to operate a motor vehicle, vessel or aircraft imposed

              (i) in the case of a motor vehicle, under the law of a province, and

              (ii) in the case of a vessel or an aircraft, under an Act of Parliament.
    320.18(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. 259(1.1)
    		 If the offender 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.


    Penalties

    New Offence
    		 New Penalty
    		 Old Offence
    		 Old Penalty
    320.14(1) Impaired / .08
    Drug per se
    320.15(1) Refusal
    		 320.19(1) Everyone who commits an offence under subsection 320.14Impaired/.08/drugs(1) or 320.15(1) is liable on conviction on indictment or on summary conviction
    1. to the following minimum punishment, namely,

              (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;

    2. if the offence is prosecuted by indictment, to imprisonment for a term of not more than 10 years; and

    3. if the offence is punishable on summary conviction, to imprisonment for a term of not more than two years less a day.
    		 253(1)(a)
    254(2) & 3)
    		 255 (1) Everyone who commits an offence under subsection 253(1), paragraph 253(3)(a) or (c) or section 254 is guilty of an indictable offence or an offence punishable on summary conviction and is liable,
    1. whether the offence is prosecuted by indictment or punishable on summary conviction, to the following minimum punishment, namely,

              (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;

    2. where the offence is prosecuted by indictment, to imprisonment for a term not exceeding five years; and

    3. if the offence is punishable on summary conviction, to imprisonment for a term of not more than 18 months.


    Summary conviction

    (1.1) Everyone who commits an offence under paragraph 253(3)(b) is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $1,000.
    Lower drug limit 320.19(2) Everyone who commits an offence under subsection 320.14Operation with low drug concentration(4) is liable on summary conviction to a fine of not more than $1,000. 255(1.1)
    		 Everyone who commits an offence under paragraph 253(3)(b) is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $1,000.
    Over .12 & over .16 320.19(3) Despite subparagraph (1)(a)(i), everyone who commits an offence under paragraph 320.14.08(1)(b) is liable, for a first offence, to

    1. 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

    2. 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.

    First refusal 320.19(4) Despite subparagraph (1)(a)(i), everyone who commits an offence under subsection 320.15(1) is liable, for a first offence, to a fine of not less than $2,000.

    Dangerous Driving
    Fail to stop
    Flight from police
    Drive while prohibited    		 320.19(5) Everyone who commits an offence under subsection 320.13(1) or 320.16(1), section 320.17 or subsection 320.18(1) is liable

    1. on conviction on indictment, to imprisonment for a term of not more than 10 years; or

    2. on summary conviction, to imprisonment for a term of not more than two years less a day.
    		 249(2) Every one who commits an offence under subsection (1)

    1. is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    2. is guilty of an offence punishable on summary conviction.
    252(1.1) Every person who commits an offence under subsection (1) in a case not referred to in subsection (1.2) or (1.3) 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.
    249.1(2) Every one who commits an offence under subsection (1)

    1. is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    2. is guilty of an offence punishable on summary conviction.
    259(4) Every offender who operates a motor vehicle, vessel or aircraft or any railway equipment in Canada while disqualified from doing so, other than an offender who is registered in an alcohol ignition interlock device program established under the law of the province in which the offender resides and who complies with the conditions of the program,

    1. is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    2. is guilty of an offence punishable on summary conviction.
    Bodily harm
    Dangerous operation
    Impaired/over limit
    Refusal
    Fail to stop    		 320.2 Everyone who commits an offence under subsection 320.13(2), 320.14Impaired/.08/drugs causing bodily harm(2), 320.15(2) or 320.16(2) is liable on conviction on indictment or on summary conviction

    1. to the following minimum punishment, namely,

              (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;

    2. if the offence is prosecuted by indictment, to imprisonment for a term of not more than 14 years; and

    3. if the offence is punishable on summary conviction, to imprisonment for a term of not more than two years less a day.
    		 249(3)
    		 Every one who commits an offence under subsection (1) and thereby causes bodily harm to any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
    255(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.
    255(2.1) Everyone who, while committing an offence under paragraph 253(1)(b) or (3)(a) or (c), causes an accident resulting in bodily harm to another person is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years.
    255(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.
    252(1.2) Every person who commits an offence under subsection (1) knowing that bodily harm has been caused to another person involved in the accident is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
    Death
    Dangerous operation
    Impaired/over limit
    Refusal
    Fail to stop    		 320.21 Everyone who commits an offence under subsection 320.13(3), 320.14Impaired/.08/drugs causing death(3), 320.15(3) or 320.16(3) is liable on conviction on indictment to imprisonment for life and to a minimum punishment of,

    1. for a first offence, a fine of $1,000;

    2. for a second offence, imprisonment for a term of 30 days; and

    3. for each subsequent offence, imprisonment for a term of 120 days.
    		 249(4)
    		 Everyone who commits an offence under subsection (1) and thereby causes the death of another person is guilty of an indictable offence and liable to imprisonment for life.
    255(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.
    255(3.1) Everyone who, while committing an offence under paragraph 253(1)(b) or (3)(a) or (c), causes an accident resulting in the death of another person is guilty of an indictable offence and is liable to imprisonment for life.
    255(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.
    252(1.3) (1.3) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for life if

    1. the person knows that another person involved in the accident is dead; or

    2. the person knows that bodily harm has been caused to another person involved in the accident and is reckless as to whether the death of the other person results from that bodily harm, and the death of that other person so results.
    Aggravating Circumstances 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:

    1. the commission of the offence resulted in bodily harm to, or the death of, more than one person;

    2. 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;

    3. a person under the age of 16 years was a passenger in the conveyance operated by the offender;

    4. the offender was being remunerated for operating the conveyance;

    5. 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;

    6. the offender was operating a large motor vehicle; and

    7. the offender was not permitted, under a federal or provincial Act, to operate the conveyance.
    		 255.1
    		 Without limiting the generality of section 718.2, where a court imposes a sentence for an offence committed under this Act by means of a motor vehicle, vessel or aircraft or of railway equipment, evidence that the concentration of alcohol in the blood of the offender at the time when the offence was committed exceeded one hundred and sixty milligrams of alcohol in one hundred millilitres of blood shall be deemed to be aggravating circumstances relating to the offence that the court shall consider under paragraph 718.2(a).
    Delay of sentencing for rehabilitation 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 320.14Impaired/.08/drugs(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. 255(5)

    		 Notwithstanding subsection 730(1), a court may, instead of convicting a person of an offence committed under section 253, after hearing medical or other evidence, if it considers that the person is in need of curative treatment in relation to his consumption of alcohol or drugs and that it would not be contrary to the public interest, by order direct that the person be discharged under section 730 on the conditions prescribed in a probation order, including a condition respecting the person’s attendance for curative treatment in relation to that consumption of alcohol or drugs.
    Rehabilitation (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.
    Driving prohibition 320.24(1) If an offender is found guilty of an offence under subsection 320.14Impaired/.08/drugs(1) or 320.15(1), 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 the type of conveyance in question during a period to be determined in accordance with subsection (2). 259(1)
    		 If an offender is convicted of an offence committed under section 253, other than an offence under paragraph 253(3)(b), or under section 254 or this section or discharged under section 730 of an offence committed under section 253, other than an offence under subsection 253(3)(b), 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,

    1. 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;

    2. 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

    3. for each subsequent offence, during a period of not less than three years plus any period to which the offender is sentenced to imprisonment.

    		320.24(2) The prohibition period is
    1. for a first offence, not less than one year and not more than three years, plus the entire period to which the offender is sentenced to imprisonment;

    2. for a second offence, not less than two years and not more than 10 years, plus the entire period to which the offender is sentenced to imprisonment; and

    3. for each subsequent offence, not less than three years, plus the entire period to which the offender is sentenced to imprisonment.
    Duration - low drug 320.24(3) If an offender is found guilty of an offence under subsection 320.14Operation with low drug concentration(4), 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 the type of conveyance in question during a period of not more than one year. 259(1.01)
    		 If an offender is convicted of an offence committed under paragraph 253(3)(b) or discharged under section 730 of such an offence and, at the time the offence was committed, 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 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 or an aircraft or railway equipment, as the case may be, during a period of not more than one year.
    Duration
    Dangerous
    Impaired causing
    Over limit causing
    Hit & run
    Flight
    Drive while prohibited
    		 320.24(4) If an offender is found guilty of an offence under section 320.13, subsection 320.14(2) or (3) Impaired/.08/drugs causing bodily harm or death , 320.15(2) or (3) or under any of sections 320.16 to 320.18, 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 the type of conveyance in question during a period to be determined in accordance with subsection (5). 259(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,

    1. during any period that the court considers proper, if the offender is sentenced to imprisonment for life in respect of that offence;

          (a.1) during any period that the court considers proper, plus any period to which the offender is sentenced to imprisonment, if the offender is liable to imprisonment for life in respect of that offence and if the sentence imposed is other than imprisonment for life;

    2. during any period not exceeding ten years plus any period to which the offender is sentenced to imprisonment, if the offender is liable to imprisonment for more than five years but less than life in respect of that offence; and

    3. during any period not exceeding three years plus any period to which the offender is sentenced to imprisonment, in any other case.
    320.24(5) The prohibition period is

    1. if the offender is liable to imprisonment for life in respect of that offence, of any duration that the court considers appropriate, plus the entire period to which the offender is sentenced to imprisonment;

    2. if the offender is liable to imprisonment for more than five years but less than life in respect of that offence, not more than 10 years, plus the entire period to which the offender is sentenced to imprisonment; and

    3. in any other case, not more than three years, plus the entire period to which the offender is sentenced to imprisonment.

    		320.24(5.1) Subject to subsection (9), a prohibition order takes effect on the day that it is made.


    		320.24(6) A court that makes a prohibition order under this section shall cause the order to be read by or to the offender or a copy of the order to be given to the offender. 260(1) If a court makes a prohibition order under section 259 in relation to an offender, it shall cause

    1. the order to be read by or to the offender;

    2. a copy of the order to be given to the offender; and

    3. the offender to be informed of subsection
    259(4).

    		320.24(7) A failure to comply with subsection (6) does not affect the validity of the prohibition order.
    		260(2) After subsection (1) has been complied with in relation to an offender who is bound by an order referred to in that subsection, the offender shall endorse the order, acknowledging receipt of a copy thereof and that the order has been explained to him.
    260(3) The failure of an offender to endorse an order pursuant to subsection (2) does not affect the validity of the order.

    		320.24(8) A prohibition order in respect of a motor vehicle applies only to its operation on a street, road or highway or in any other public place.


    		320.24(9) If the offender is, at the time of the commission of the offence, subject to an order made under this Act prohibiting the offender from operating a conveyance, a court that makes a prohibition order under this section that prohibits the offender from operating the same type of conveyance may order that the prohibition order be served consecutively to that order.
    		260(2.1) The court may, when it makes an order under this section prohibiting the operation of a motor vehicle, a vessel, an aircraft or railway equipment, as the case may be, order that the time served under that order be served consecutively to the time served under any other order made under this section that prohibits the operation of the same means of transport and that is in force.

    		320.24(10) A person may not be registered in an alcohol ignition interlock device program referred to in subsection 320.18(2) until the expiry of

    1. in the case of a first offence, a period, if any, that may be fixed by order of the court;

    2. in the case of a second offence, a period of three months after the day on which the sentence is imposed or any longer period that may be fixed by order of the court; and

    3. in the case of a subsequent offence, a period of six months after the day on which the sentence is imposed or any longer period that may be fixed by order of the court.
    		 259(1.2) An offender 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

    1. 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

    2. 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).

    		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.
    		 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 imposes, be stayed pending the final disposition of the appeal or until otherwise ordered by that court.

    		320.25(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.
    		 261(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.

    		320.25(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. 261(2) If conditions are imposed under a direction made under subsection (1) or (1.1) that a prohibition order be stayed, the direction shall not operate to decrease the period of prohibition provided in the order.

    		320.26 In determining, for the purpose of imposing a sentence for an offence under subsection 320.14Impaired/.08/drugs(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) Impaired/.08/drugs - simple, bodily harm, or death 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.


    Evidence Gathering

    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:

    1. to immediately perform the physical coordination tests prescribed by regulation and to accompany the peace officer for that purpose;

    2. 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;

    3. 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.
    		 254(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, the peace officer may, by demand, require the person to comply with the requirements of either or both of paragraphs (a) and (c), in the case of a drug, or with the requirements of either or both of paragraphs (a) and (b), in the case of alcohol:

    1. 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;

    2. 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; and

    3. to forthwith provide a sample of a bodily substance that, in the peace officer’s opinion, is 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.
    320.27(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.

    320.28(1) If a peace officer has reasonable grounds to believe that a person has operated a conveyance while the person’s ability to operate it was impaired to any degree by alcohol or has committed an offence under paragraph 320.14.08(1)(b), the peace officer may, by demand made as soon as practicable,
    1. require the person to provide, as soon as practicable,
      1. the samples of breath that, in a qualified technician’s opinion, are necessary to enable a proper analysis to be made by means of an approved instrument, or
      2. 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 take one, the samples of blood that, in the opinion of the qualified medical practitioner or qualified technician taking the samples, are necessary to enable a proper analysis to be made to determine the person’s blood alcohol concentration; and
    2. require the person to accompany the peace officer for the purpose of taking samples of that person’s breath or blood.
    		 254(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

    1. 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

    2. if necessary, to accompany the peace officer for that purpose.
    320.28(2) If a peace officer has reasonable grounds to believe that a person has operated a conveyance while the person’s ability to operate it was impaired to any degree by a drug or by a combination of alcohol and a drug, or has committed an offence under paragraph 320.14Operation with drugs or drugs and alcohol(1)(c) or (d) or subsection 320.14Operation with low drug(4), the peace officer may, by demand, made as soon as practicable, require the person to comply with the requirements of either or both of paragraphs (a) and (b):
    1. to submit, as soon as practicable, to an evaluation conducted by an evaluating officer to determine whether the person’s ability to operate a conveyance is impaired by a drug or by a combination of alcohol and a drug, and to accompany the peace officer for that purpose; or
    2. to provide, as soon as practicable, the samples of blood that, in the opinion of the qualified medical practitioner or qualified technician taking the samples, are necessary to enable a proper analysis to be made to determine the person’s blood drug concentration, or the person’s blood drug concentration and blood alcohol concentration, as the case may be, and to accompany the peace officer for that purpose.
    		 254(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, or has committed an offence under subsection 253(3), the peace officer may, by demand made as soon as practicable, require the person

        (a) 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; or

        (b) to provide, as soon as practicable, the samples of blood that, in the opinion of the qualified medical practitioner or qualified technician taking the samples, are necessary to enable a proper analysis to be made to determine the person’s blood drug concentration, or the person’s blood drug concentration and blood alcohol concentration, as the case may be, and to accompany the peace officer for that purpose.
    320.28(3) An evaluating officer who has reasonable grounds to suspect that a person has alcohol in their body may, if a demand was not made under subsection (1), by demand made as soon as practicable, require the person to provide, as soon as practicable, the samples of breath that, in a qualified technician’s opinion, are necessary to enable a proper analysis to be made by means of an approved instrument. 254(3.3)
    		 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 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.
    320.28(4) If, on completion of the evaluation, the evaluating officer has reasonable grounds to believe that one or more of the types of drugs set out in subsection (5) — or that a combination of alcohol and one or more of those types of drugs — is impairing the person’s ability to operate a conveyance, the evaluating officer shall identify the type or types of drugs in question and may, by demand made as soon as practicable, require the person to provide, as soon as practicable,
    1. a sample of oral fluid or urine that, in the evaluating officer’s opinion, is necessary to enable a proper analysis to be made to ascertain the presence in the person’s body of one or more of the types of drugs set out in subsection (5); or
    2. the samples of blood that, in the opinion of the qualified medical practitioner or qualified technician taking the samples, are necessary to enable a proper analysis to be made to ascertain the presence in the person’s body of one or more of the types of drugs set out in subsection (5) or to determine the person’s blood drug concentration for one or more of those types of drugs.
    		 254(3.4)
    		 If, on completion of the evaluation, the evaluating officer has reasonable grounds to believe 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.
    320.28(5) For the purpose of subsection (4), the types of drugs are the following:
    1. a depressant;
    2. an inhalant;
    3. a dissociative anaesthetic;
    4. cannabis;
    5. a stimulant;
    6. a hallucinogen; or
    7. a narcotic analgesic.

    320.28(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. 254(4)
    		 Samples of blood may be taken from a person under subsection (3) or (3.4) only by a qualified medical practitioner, or a qualified technician, who is satisfied that taking the samples would not endanger the person’s life or health.
    320.28(7) A sample of blood shall be received into an approved container that shall be subsequently sealed.

    320.28(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.

    320.28(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.

    320.28(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. 258(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.
    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 or on an information on oath submitted to the justice by telephone or other means of telecommunication, that
    1. 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;
    2. there are reasonable grounds to suspect that the person has alcohol or a drug in their body; and
    3. a qualified medical practitioner is of the opinion that
      1. 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
      2. the taking of samples of the person’s blood will not endanger their health.
    		 256(1)
    		 Subject to subsection (2), if a justice is satisfied, on an information on oath in Form 1 or on an information on oath submitted to the justice under section 487.1 by telephone or other means of telecommunication, that there are reasonable grounds to believe that

        (a) a person has, within the preceding four hours, committed, as a result of the consumption of alcohol or a drug, an offence under section 253 and the person was involved in an accident resulting in the death of another person or in bodily harm to himself or herself or to any other person, and

        (b) a qualified medical practitioner is of the opinion that

            (i) by reason of any physical or mental condition of the person that resulted from the consumption of alcohol or a drug, the accident or any other occurrence related to or resulting from the accident, the person is unable to consent to the taking of samples of his or her blood, and

            (ii) the taking of samples of blood from the person would not endanger the life or health of the person,

    the justice may issue a warrant authorizing a peace officer to require a qualified medical practitioner to take, or to cause to be taken by a qualified technician under the direction of the qualified medical practitioner, the samples of the blood of the person that in the opinion of the person taking the samples are necessary to enable a proper analysis to be made in order to determine the concentration, if any, of alcohol or drugs in the person’s blood.
    320.29(2) A warrant issued under subsection (1) may be in Form 5 or 5.1, varied to suit the case. 256(2)
    		 A warrant issued pursuant to subsection (1) may be in Form 5 or 5.1 varied to suit the case.
    320.29(3) Section 487.1 applies, with any modifications that the circumstances require, in respect of an application for a warrant that is submitted by telephone or other means of telecommunication. 256(3)
    		 Notwithstanding paragraphs 487.1(4)(b) and (c), an information on oath submitted by telephone or other means of telecommunication for the purposes of this section shall include, instead of the statements referred to in those paragraphs, a statement setting out the offence alleged to have been committed and identifying the person from whom blood samples are to be taken.
    320.29(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. 256(4)
    		 Samples of blood may be taken from a person pursuant to a warrant issued pursuant to subsection (1) only during such time as a qualified medical practitioner is satisfied that the conditions referred to in subparagraphs (1)(b)(i) and (ii) continue to exist in respect of that person.
    320.29(5) If 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 samples of blood are taken. 256(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.
    320.29(6) Subsections 320.28(7) to (10) apply with respect to the taking of samples of blood under this section.

    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.

    Evidence and Presumptions

    320.31(1) If samples of a person’s breath have been received into an approved instrument operated by a qualified technician, the results of the analyses of the samples are conclusive proof of the person’s blood alcohol concentration at the time when the analyses were made if the results of the analyses are the same — or, if the results of the analyses are different, the lowest of the results is conclusive proof of the person’s blood alcohol concentration at the time when the analyses were made — if
    1. before each sample was taken, the qualified technician conducted a system blank test the result of which is not more than 10 mg of alcohol in 100 mL of blood and a system calibration check the result of which is within 10% of the target value of an alcohol standard that is certified by an analyst;
    2. there was an interval of at least 15 minutes between the times when the samples were taken; and
    3. the results of the analyses, rounded down to the nearest multiple of 10 mg, did not differ by more than 20 mg of alcohol in 100 mL of blood.
    		 258(1)(c)
    		 (c) where samples of the breath of the accused have been taken pursuant to a demand made under subsection 254(3), if

        (i) [Repealed before coming into force, 2008, c. 20, s. 3]

        (ii) each sample was taken as soon as practicable after the time when the offence was alleged to have been committed and, in the case of the first sample, not later than two hours after that time, with an interval of at least fifteen minutes between the times when the samples were taken,

        (iii) each sample was received from the accused directly into an approved container or into an approved instrument operated by a qualified technician, and

        (iv) an analysis of each sample was made by means of an approved instrument operated by a qualified technician,

    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;
    320.31(2) The result of an analysis made by an analyst of a sample of a person’s blood is proof of their blood alcohol concentration or their blood drug concentration, as the case may be, at the time when the sample was taken in the absence of evidence tending to show that the analysis was performed improperly.

    320.31(3) Evidence of the following does not constitute evidence tending to show that an analysis of a sample of a person’s blood was performed improperly:
    1. the amount of alcohol or a drug that they consumed;
    2. the rate at which the alcohol or the drug would have been absorbed or eliminated by their body; or
    3. a calculation based on the evidence referred to in paragraphs (a) and (b) of what their blood alcohol concentration or blood drug concentration would have been at the time the sample was taken.
    		 258(1)(d.1)
    		 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;
    320.31(4) For the purpose of paragraphs 320.14Operation with .08 or drug or both(1)(b) and (d), if the first of the samples of breath was taken, or the sample of blood was taken, more than two hours after the person ceased to operate the conveyance and the person’s blood alcohol concentration was equal to or exceeded 20 mg of alcohol in 100 mL of blood, the person’s blood alcohol concentration within those two hours is conclusively presumed to be the concentration established in accordance with subsection (1) or (2), as the case may be, plus an additional 5 mg of alcohol in 100 mL of blood for every interval of 30 minutes in excess of those two hours.

    320.31(5) An evaluating officer’s opinion relating to the impairment, by a type of drug that they identified, or by a combination of alcohol and that type of drug, of a person’s ability to operate a conveyance is admissible in evidence without qualifying the evaluating officer as an expert. 254(3.5)
    		 An evaluating officer’s opinion relating to the impairment, by a drug of a type that they identified, or by a combination of alcohol and that drug, of a person’s ability to operate a motor vehicle, vessel, aircraft or railway equipment is admissible in evidence without qualifying the evaluating officer as an expert.
    320.31(6) If the analysis of a sample provided under subsection 320.28(4) demonstrates that the person has a drug in their body that is of a type that the evaluating officer has identified as impairing the person’s ability to operate a conveyance, that drug — or, if the person has also consumed alcohol, the combination of alcohol and that drug — is presumed, in the absence of evidence to the contrary, to be the drug, or the combination of alcohol and that drug, that was present in the person’s body at the time when the person operated the conveyance and, on proof of the person’s impairment, to have been the cause of that impairment.

    320.31(7) The result of an analysis of a sample of a person’s breath, blood, urine, sweat or other bodily substance that they were not required to provide under this Part 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. 258(1)(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), (3.3) or (3.4) — 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;
    320.31(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. 258(2)
    		 Unless a person is required to give a sample of a bodily substance under paragraph 254(2)(b) or (c) or subsection 254(3), (3.3) or (3.4), 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.
    320.31(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.

    320.31(10) In any proceedings in respect of an offence under section 320.14Impaired / .08 / drug, 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. 258(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.
    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. 258(1)(e) a certificate of an analyst stating that the analyst has made an analysis of a sample of the blood, urine, breath or other bodily substance of the accused and stating the result of that analysis is evidence of the facts alleged in the certificate without proof of the signature or the official character of the person appearing to have signed the certificate;
    258(1)(f) a certificate of an analyst stating that the analyst has made an analysis of a sample of an alcohol standard that is identified in the certificate and intended for use with an approved instrument and that the sample of the standard analyzed by the analyst was found to be suitable for use with an approved instrument, is evidence that the alcohol standard so identified is suitable for use with an approved instrument without proof of the signature or the official character of the person appearing to have signed the certificate;
    258(1)(i)
    		 a certificate of an analyst stating that the analyst has made an analysis of a sample of the blood of the accused that was contained in a sealed approved container identified in the certificate, the date on which and place where the sample was analyzed and the result of that analysis is evidence of the facts alleged in the certificate without proof of the signature or official character of the person appearing to have signed it.
    320.32(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. 258(7)
    		 No certificate shall be received in evidence pursuant to paragraph (1)(e), (f), (g), (h) or (i) unless the party intending to produce it has, before the trial, given to the other party reasonable notice of his intention and a copy of the certificate.
    320.32(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. 258(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.
    320.32(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.

    320.32(5) The hearing of the application shall be held at least 30 days before the day on which the trial is to be held.

    320.32(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:
    1. 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
    2. 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.
    		 260(5)
    		 In proceedings under section 259, a certificate setting out with reasonable particularity that a person is disqualified from

        (a) driving a motor vehicle in a province, purporting to be signed by the registrar of motor vehicles for that province, or

        (b) operating a vessel or aircraft, purporting to be signed by the Minister of Transport or any person authorized by the Minister of Transport for that purpose

    is evidence of the facts alleged therein without proof of the signature or official character of the person by whom it purports to be signed.
    320.32(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. 260(4)
    		 In the absence of evidence to the contrary, where it is proved that a disqualification referred to in paragraph 259(5)(b) has been imposed on a person and that notice of the disqualification has been mailed by registered or certified mail to that person, that person shall, after five days following the mailing of the notice, be deemed to have received the notice and to have knowledge of the disqualification, of the date of its commencement and of its duration.
    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. 258(1)(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;
    320.34(1) In proceedings in respect of an offence under section 320.14Impaired / .08 / drug, 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:
    1. the results of the system blank tests;
    2. the results of the system calibration checks;
    3. any error or exception messages produced by the approved instrument at the time the samples were taken;
    4. the results of the analysis of the accused’s breath samples; and
    5. 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.

    320.34(2) The accused may apply to the court for a hearing to determine whether further information should be disclosed.

    320.34(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.

    320.34(4) The hearing of the application shall be held at least 30 days before the day on which the trial is to be held.

    320.34(5) For greater certainty, nothing in this section limits the disclosure to which the accused may otherwise be entitled.

    320.35 In proceedings in respect of an offence under section 320.14Impaired / .08 / drug 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. 258(1)
    		 where it is proved that the accused occupied the seat or position ordinarily occupied by a person who operates a motor vehicle, vessel or aircraft or any railway equipment or who assists in the operation of an aircraft or of railway equipment, the accused shall be deemed to have had the care or control of the vehicle, vessel, aircraft or railway equipment, as the case may be, unless the accused establishes that the accused did not occupy that seat or position for the purpose of setting the vehicle, vessel, aircraft or railway equipment in motion or assisting in the operation of the aircraft or railway equipment, as the case may be;
    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. 258.1(1)
    		 Subject to subsection (3) and subsections 258(4) and (5), no person shall use a bodily substance taken under paragraph 254(2)(b) or (c), subsection 254(3), (3.1), (3.3) or (3.4) 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.
    320.36(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. 258.1(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 paragraph 254(3.1)(a), the results of the analysis of a bodily substance taken under paragraph 254(2)(b) or (c), subsection 254(3), (3.3) or (3.4) 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.
    320.36(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. 258.1(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.
    320.36(4) Everyone who contravenes subsection (1) or (2) commits an offence punishable on summary conviction. 258.1(5)
    		 Every person who contravenes subsection (1) or (2) is guilty of an offence punishable on summary conviction.
    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. 257(1)
    		 No qualified medical practitioner or qualified technician is guilty of an offence only by reason of his refusal to take a sample of blood from a person for the purposes of section 254 or 256 and no qualified medical practitioner is guilty of an offence only by reason of his refusal to cause to be taken by a qualified technician under his direction a sample of blood from a person for those purposes.
    320.37(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. 257(2)
    		 No qualified medical practitioner, and no qualified technician, who takes a sample of blood from a person under section 254 or 256 incurs any criminal or civil liability for doing anything necessary to take the sample that was done with reasonable care and skill.
    320.38 The Governor in Council may make regulations
    1. prescribing the qualifications required for a peace officer to act as an evaluating officer and respecting the training of evaluating officers;
    		 254.1(1) The Governor in Council may make regulations

        (a) respecting the qualifications and training of evaluating officers;

     

    1. prescribing the blood drug concentration for a drug for the purpose of paragraph 320.14Operation - high drug(1)(c);
    2. prescribing a blood alcohol concentration and a blood drug concentration for a drug for the purposes of paragraph 320.14Operation - alcohol/drug combo(1)(d);
    3. prescribing the blood drug concentration for a drug for the purpose of subsection 320.14Operation - low drug(4);


    1. prescribing the physical coordination tests to be conducted under paragraph 320.27(1)(a); and
    2. 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.
    		 254.1(1)
    		 The Governor in Council may make regulations...

       (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).
    320.39 The Attorney General of Canada may, by order, approve
    1. a device that is designed to ascertain the presence of alcohol in a person’s blood;
    2. equipment that is designed to ascertain the presence of a drug in a person’s body;
    3. 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
    4. a container that is designed to receive a sample of a person’s blood for analysis.
    		 254.01
    		 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.
    320.4 The Attorney General may designate
    1. a person as qualified, for the purposes of this Part, to operate an approved instrument;
    2. a person or class of persons as qualified, for the purposes of this Part,
      1. to take samples of blood, or
      2. to analyze samples of bodily substances; and
    3. 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.