Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2017-08-27 and last amended on 2017-06-19. Previous Versions

Marginal note:Regulations
  •  (1) The Governor in Council may make regulations

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

    • (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).

  • Marginal note:Incorporated material

    (2) A regulation may incorporate any material by reference either as it exists on a specified date or as amended from time to time.

  • Marginal note:Incorporated material is not a regulation

    (3) For greater certainty, material does not become a regulation for the purposes of the Statutory Instruments Act because it is incorporated by reference.

  • 2008, c. 6, s. 20.
Marginal note:Punishment
  •  (1) Every one who commits an offence under section 253 or 254 is guilty of an indictable offence or an offence punishable on summary conviction and is liable,

    • (a) 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;

    • (b) where the offence is prosecuted by indictment, to imprisonment for a term not exceeding five years; and

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

  • Marginal note:Impaired driving causing bodily harm

    (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.

  • Marginal note:Blood alcohol level over legal limit — bodily harm

    (2.1) Everyone who, while committing an offence under paragraph 253(1)(b), causes 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.

  • Marginal note:Failure or refusal to provide sample — bodily harm

    (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.

  • Marginal note:Impaired driving causing death

    (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.

  • Marginal note:Blood alcohol level over legal limit — death

    (3.1) Everyone who, while committing an offence under paragraph 253(1)(b), causes an accident resulting in the death of another person is guilty of an indictable offence and liable to imprisonment for life.

  • Marginal note:Failure or refusal to provide sample — death

    (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.

  • Marginal note:Interpretation

    (3.3) For greater certainty, everyone who is liable to the punishment described in any of subsections (2) to (3.2) is also liable to the minimum punishment described in paragraph (1)(a).

  • Marginal note:Previous convictions

    (4) A person who is convicted of an offence committed under section 253 or subsection 254(5) is, for the purposes of this Act, deemed to be convicted for a second or subsequent offence, as the case may be, if they have previously been convicted of

    • (a) an offence committed under either of those provisions;

    • (b) an offence under subsection (2) or (3); or

    • (c) an offence under section 250, 251, 252, 253, 259 or 260 or subsection 258(4) of this Act as this Act read immediately before the coming into force of this subsection.

  • Marginal note:Conditional discharge

    Footnote *(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.

    • Return to footnote *[Note: In force in the provinces of Nova Scotia, New Brunswick, Manitoba, Prince Edward Island, Saskatchewan and Alberta and in the Yukon Territory, the Northwest Territories and the Nunavut Territory, see SI/85-211 and SI/88-24.]

  • R.S., 1985, c. C-46, s. 255;
  • R.S., 1985, c. 27 (1st Supp.), s. 36;
  • R.S., 1985, c. 1 (4th Supp.), s. 18(F);
  • 1995, c. 22, s. 18;
  • 1999, c. 32, s. 3(Preamble);
  • 2000, c. 25, s. 2;
  • 2008, c. 6, s. 21, c. 18, ss. 7, 45.2.
Marginal note:Aggravating circumstances for sentencing purposes

 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).

  • 1999, c. 32, s. 4(Preamble).
Marginal note:Warrants to obtain blood samples
  •  (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.

  • Marginal note:Form

    (2) A warrant issued pursuant to subsection (1) may be in Form 5 or 5.1 varied to suit the case.

  • Marginal note:Information on oath

    (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.

  • Marginal note:Duration of warrant

    (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.

  • Marginal note:Copy or facsimile to person

    (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.

  • R.S., 1985, c. C-46, s. 256;
  • R.S., 1985, c. 27 (1st Supp.), s. 36;
  • 1992, c. 1, s. 58;
  • 1994, c. 44, s. 13;
  • 2000, c. 25, s. 3;
  • 2008, c. 6, s. 22.
 
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