Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2019-02-28 and last amended on 2018-12-18. Previous Versions

PART VIII.1Offences Relating to Conveyances (continued)

Offences and Punishment (continued)

Marginal note:Failure or refusal to comply with demand

  •  (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.

  • Marginal note:Accident resulting in bodily harm

    (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.

  • Marginal note:Accident resulting in death

    (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.

  • Marginal note:Only one conviction

    (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.

  • 2018, c. 21, s. 15.

Marginal note:Failure to stop after accident

  •  (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.

  • Marginal note:Accident resulting in bodily harm

    (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.

  • Marginal note:Accident resulting in death

    (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.

  • 2018, c. 21, s. 15.

Marginal note:Flight from peace officer

 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.

  • 2018, c. 21, s. 15.

Marginal note:Operation while prohibited

  •  (1) Everyone commits an offence who operates a conveyance while prohibited from doing so

    • (a) by an order made under this Act; or

    • (b) 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.

  • Marginal note:Exception

    (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.

  • 2018, c. 21, s. 15.

Marginal note:Punishment

  •  (1) Everyone who commits an offence under subsection 320.14(1) or 320.15(1) is liable on conviction on indictment or on summary conviction

    • (a) 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;

    • (b) if the offence is prosecuted by indictment, to imprisonment for a term of not more than 10 years; and

    • (c) if the offence is punishable on summary conviction, to imprisonment for a term of not more than two years less a day.

  • Marginal note:Summary conviction

    (2) Everyone who commits an offence under subsection 320.14(4) is liable on summary conviction to a fine of not more than $1,000.

  • Marginal note:Minimum fines for high blood alcohol concentrations

    (3) Despite subparagraph (1)(a)(i), everyone who commits an offence under paragraph 320.14(1)(b) is liable, for a first offence, to

    • (a) 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

    • (b) 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.

  • Marginal note:Minimum fine — subsection 320.15(1)

    (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.

  • Marginal note:Punishment — dangerous operation and other offences

    (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

    • (a) on conviction on indictment, to imprisonment for a term of not more than 10 years; or

    • (b) on summary conviction, to imprisonment for a term of not more than two years less a day.

  • 2018, c. 21, s. 15.

Marginal note:Punishment in case of bodily harm

 Everyone who commits an offence under subsection 320.13(2), 320.14(2), 320.15(2) or 320.16(2) is liable on conviction on indictment or on summary conviction

  • (a) 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;

  • (b) if the offence is prosecuted by indictment, to imprisonment for a term of not more than 14 years; and

  • (c) if the offence is punishable on summary conviction, to imprisonment for a term of not more than two years less a day.

  • 2018, c. 21, s. 15.

Marginal note:Punishment in case of death

 Everyone who commits an offence under subsection 320.13(3), 320.14(3), 320.15(3) or 320.16(3) is liable on conviction on indictment to imprisonment for life and to a minimum punishment of,

  • (a) for a first offence, a fine of $1,000;

  • (b) for a second offence, imprisonment for a term of 30 days; and

  • (c) for each subsequent offence, imprisonment for a term of 120 days.

  • 2018, c. 21, s. 15.

Marginal note:Aggravating circumstances for sentencing purposes

 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:

  • (a) the commission of the offence resulted in bodily harm to, or the death of, more than one person;

  • (b) 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;

  • (c) a person under the age of 16 years was a passenger in the conveyance operated by the offender;

  • (d) the offender was being remunerated for operating the conveyance;

  • (e) 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;

  • (f) the offender was operating a large motor vehicle; and

  • (g) the offender was not permitted, under a federal or provincial Act, to operate the conveyance.

  • 2018, c. 21, s. 15.
 
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