Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2015-11-16 and last amended on 2015-07-23. Previous Versions

Marginal note:Proceedings on making of prohibition order
  •  (1) If a court makes a prohibition order under section 259 in relation to an offender, it shall cause

    • (a) the order to be read by or to the offender;

    • (b) a copy of the order to be given to the offender; and

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

  • Marginal note:Endorsement by offender

    (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.

  • Marginal note:Validity of order not affected

    (3) The failure of an offender to endorse an order pursuant to subsection (2) does not affect the validity of the order.

  • Marginal note:Onus

    (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.

  • Marginal note:Certificate admissible in evidence

    (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.

  • Marginal note:Notice to accused

    (6) Subsection (5) does not apply in any proceedings unless at least seven days notice in writing is given to the accused that it is intended to tender the certificate in evidence.

  • Definition of “registrar of motor vehicles”

    (7) In subsection (5), “registrar of motor vehicles” includes the deputy of that registrar and any other person or body, by whatever name or title designated, that from time to time performs the duties of superintending the registration of motor vehicles in the province.

  • R.S., 1985, c. C-46, s. 260;
  • R.S., 1985, c. 27 (1st Supp.), s. 36, c. 1 (4th Supp.), s. 18(F);
  • 2006, c. 14, s. 4.
Marginal note:Stay of order pending appeal
  •  (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.

  • Marginal note:Appeals to Supreme Court of Canada

    (1.1) In the case of an appeal to the Supreme Court of Canada, the direction referred to in subsection (1) may be made only by a judge of the court being appealed from and not by a judge of the Supreme Court of Canada.

  • Marginal note:Effect of conditions

    (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.

  • R.S., 1985, c. C-46, s. 261;
  • R.S., 1985, c. 27 (1st Supp.), s. 36, c. 1 (4th Supp.), s. 18(F);
  • 1994, c. 44, ss. 15, 103;
  • 1995, c. 22, s. 10;
  • 1997, c. 18, ss. 12, 141;
  • 2006, c. 14, s. 5;
  • 2008, c. 6, s. 27.