Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2016-06-06 and last amended on 2015-07-23. Previous Versions

Marginal note:Flight
  •  (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.

  • Marginal note:Punishment

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

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Flight causing bodily harm or death

    (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.

  • Marginal note:Punishment

    (4) Every person who commits an offence under subsection (3)

    • (a) if bodily harm was caused, is guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years; and

    • (b) if death was caused, is guilty of an indictable offence and liable to imprisonment for life.

  • 2000, c. 2, s. 1.
Marginal note:Causing death by criminal negligence (street racing)

 Everyone who by criminal negligence causes death to another person while street racing is guilty of an indictable offence and liable to imprisonment for life.

  • 2006, c. 14, s. 2.
Marginal note:Causing bodily harm by criminal negligence (street racing)

 Everyone who by criminal negligence causes bodily harm to another person while street racing is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • 2006, c. 14, s. 2.
Marginal note:Dangerous operation of motor vehicle while street racing
  •  (1) Everyone commits an offence who, while street racing, operates a motor vehicle in a manner described in paragraph 249(1)(a).

  • Marginal note:Punishment

    (2) Everyone who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Dangerous operation causing bodily harm

    (3) Everyone who commits an offence under subsection (1) and thereby causes bodily harm to another person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • Marginal note:Dangerous operation causing death

    (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.

  • 2006, c. 14, s. 2.
Marginal note:Failure to keep watch on person towed
  •  (1) Every one who operates a vessel while towing a person on any water skis, surf-board, water sled or other object, when there is not on board such vessel another responsible person keeping watch on the person being towed, is guilty of an offence punishable on summary conviction.

  • Marginal note:Towing of person after dark

    (2) Every one who operates a vessel while towing a person on any water skis, surf-board, water sled or other object during the period from one hour after sunset to sunrise is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 250;
  • R.S., 1985, c. 27 (1st Supp.), s. 36.
Marginal note:Unseaworthy vessel and unsafe aircraft
  •  (1) Every one who knowingly

    • (a) sends or being the master takes a vessel that is registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament and that is unseaworthy

      • (i) on a voyage from a place in Canada to any other place in or out of Canada, or

      • (ii) on a voyage from a place on the inland waters of the United States to a place in Canada,

    • (b) sends an aircraft on a flight or operates an aircraft that is not fit and safe for flight, or

    • (c) sends for operation or operates railway equipment that is not fit and safe for operation

    and thereby endangers the life of any person, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

  • Marginal note:Defences

    (2) An accused shall not be convicted of an offence under this section where the accused establishes that,

    • (a) in the case of an offence under paragraph (1)(a),

      • (i) the accused used all reasonable means to ensure that the vessel was seaworthy, or

      • (ii) to send or take the vessel while it was unseaworthy was, under the circumstances, reasonable and justifiable;

    • (b) in the case of an offence under paragraph (1)(b),

      • (i) the accused used all reasonable means to ensure that the aircraft was fit and safe for flight, or

      • (ii) to send or operate the aircraft while it was not fit and safe for flight was, under the circumstances, reasonable and justifiable; and

    • (c) in the case of an offence under paragraph (1)(c),

      • (i) the accused used all reasonable means to ensure that the railway equipment was fit and safe for operation, or

      • (ii) to send the railway equipment for operation or to operate it while it was not fit and safe for operation was, under the circumstances, reasonable and justifiable.

  • Marginal note:Consent of Attorney General

    (3) No proceedings shall be instituted under this section in respect of a vessel or aircraft, or in respect of railway equipment sent for operation or operated on a line of railway that is within the legislative authority of Parliament, without the consent in writing of the Attorney General of Canada.

  • R.S., 1985, c. C-46, s. 251;
  • R.S., 1985, c. 27 (1st Supp.), s. 36, c. 32 (4th Supp.), s. 58.
Marginal note:Failure to stop at scene of accident
  •  (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

    • (a) another person,

    • (b) a vehicle, vessel or aircraft, or

    • (c) 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.

  • Marginal note:Punishment

    (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.

  • Marginal note:Offence involving bodily harm

    (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.

  • Marginal note:Offence involving bodily harm or death

    (1.3) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for life if

    • (a) the person knows that another person involved in the accident is dead; or

    • (b) 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.

  • Marginal note:Evidence

    (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.

  • R.S., 1985, c. C-46, s. 252;
  • R.S., 1985, c. 27 (1st Supp.), s. 36;
  • 1994, c. 44, s. 12;
  • 1999, c. 32, s. 1(Preamble).
 
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