An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts (S.C. 2018, c. 21)

Marginal note:Admissibility of evidence

8.6 Evidence relating to the presence or concentration of alcohol or a drug in a sample of a bodily substance obtained under the Criminal Code is admissible in proceedings taken against a person under this Part, and sections 320.31 to 320.34 of the Criminal Code apply to those proceedings with any modifications that the circumstances require.

sentence

sentence has the same meaning as in the Criminal Code, but does not include an order made under section 109, 110, 161 or 320.24 of that Act or subsection 147.1(1) of the National Defence Act. (peine)

• (b) unless the record suspension is subsequently revoked or ceases to have effect, requires that the judicial record of the conviction be kept separate and apart from other criminal records and removes any disqualification or obligation to which the applicant is, by reason of the conviction, subject under any Act of Parliament, other than section 109, 110, 161, 320.24, 490.012, 490.019 or 490.02901 of the Criminal Code, section 259 of the Criminal Code, as it read immediately before the day on which section 14 of An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts comes into force, subsection 147.1(1) or section 227.01 or 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offenders Act.

• (ii) an offence under the Criminal Code, other than an offence under subsection 320.14(1) or 320.15(1) of that Act, the Controlled Drugs and Substances Act, the Firearms Act, Part III or IV of the Food and Drugs Act or the Narcotic Control Act, chapter N-1 of the Revised Statutes of Canada, 1985, that is punishable either on conviction on indictment or on summary conviction; or

Marginal note:Reference to Attorney General

131 For the purposes of this Act, the reference in section 320.4 of the Criminal Code to the “Attorney General” includes the Attorney General of Canada.

• (a) an offence within the meaning of any of paragraphs (a) to (d.2) of the definition secondary designated offence in section 487.04 of the Criminal Code that is punishable under section 130;

• Marginal note:Powers relating to impaired driving offences

  (2) A designated officer who is at a customs office performing the normal duties of an officer or is acting in accordance with section 99.1 has the powers and obligations of a peace officer under sections 320.27 to 320.29 of the Criminal Code. If, by demand, they require a person to provide samples of blood or breath or to submit to an evaluation, they may also require the person to accompany a peace officer referred to in paragraph (c) of the definition peace officer in section 2 of that Act, for that purpose.

• Marginal note:Admissibility of evidence

  (7) Evidence relating to the presence or concentration of alcohol or a drug in a sample of a bodily substance obtained under the Criminal Code is admissible in proceedings taken against a person under this Act in respect of a contravention of a rule or regulation respecting the use of alcohol or a drug, and sections 320.31 to 320.35 of the Criminal Code  apply to those proceedings with any modifications that the circumstances require.

Marginal note:Cancellation or variation of prohibition orders

109 The Board may, on application, cancel or vary the unexpired portion of a prohibition order made under section 320.24 of the Criminal Code  or section 259 of that Act, as it read immediately before the day on which section 14 of An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts comes into force, after a period of

• (z.25) section 320.13 (dangerous operation);

• (z.26) subsections 320.14(1), (2) and (3) (operation while impaired);

• (z.27) section 320.15 (failure or refusal to comply with demand);

• (z.28) section 320.16 (failure to stop after accident);

• (z.29) section 320.17 (flight from peace officer);

1.1 An offence under any of the following provisions of the Criminal Code, as they read from time to time before the day on which this section comes into force, that was prosecuted by way of indictment:

• (a) subsections 249(3) and (4) (dangerous operation causing bodily harm and dangerous operation causing death);

• (b) subsection 249.1(3) (flight causing bodily harm or death);

• (c) section 249.2 (causing death by criminal negligence — street racing);

• (d) section 249.3 (causing bodily harm by criminal negligence — street racing);

• (e) section 249.4 (dangerous operation of motor vehicle while street racing); and

• (f) subsections 255(2) and (3) (impaired driving causing bodily harm and impaired driving causing death).