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Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2019-08-28 and last amended on 2019-08-15. Previous Versions

PART VIII.1Offences Relating to Conveyances (continued)

Offences and Punishment (continued)

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

Marginal note:Delay of sentencing

  •  (1) The court may, with the consent of the prosecutor and the offender, and after considering the interests of justice, delay sentencing of an offender who has been found guilty of an offence under subsection 320.14(1) or 320.15(1) to allow the offender to attend a treatment program approved by the province in which the offender resides. If the court delays sentencing, it shall make an order prohibiting the offender from operating, before sentencing, the type of conveyance in question, in which case subsections 320.24(6) to (9) apply.

  • Marginal note:Exception to minimum punishment

    (2) If the offender successfully completes the treatment program, the court is not required to impose the minimum punishment under section 320.19 or to make a prohibition order under section 320.24, but it shall not direct a discharge under section 730.

  • 2018, c. 21, s. 15

Marginal note:Mandatory prohibition order

  •  (1) If an offender is found guilty of an offence under subsection 320.14(1) or 320.15(1), the court that sentences the offender shall, in addition to any other punishment that may be imposed for that offence, make an order prohibiting the offender from operating the type of conveyance in question during a period to be determined in accordance with subsection (2).

  • Marginal note:Prohibition period

    (2) The prohibition period is

    • (a) for a first offence, not less than one year and not more than three years, plus the entire period to which the offender is sentenced to imprisonment;

    • (b) for a second offence, not less than two years and not more than 10 years, plus the entire period to which the offender is sentenced to imprisonment; and

    • (c) for each subsequent offence, not less than three years, plus the entire period to which the offender is sentenced to imprisonment.

  • Marginal note:Discretionary order of prohibition — low blood drug concentration

    (3) If an offender is found guilty of an offence under subsection 320.14(4), the court that sentences the offender may, in addition to any other punishment that may be imposed for that offence, make an order prohibiting the offender from operating the type of conveyance in question during a period of not more than one year.

  • Marginal note:Discretionary order of prohibition — other offences

    (4) If an offender is found guilty of an offence under section 320.13, subsection 320.14(2) or (3), 320.15(2) or (3) or under any of sections 320.16 to 320.18, the court that sentences the offender may, in addition to any other punishment that may be imposed for that offence, make an order prohibiting the offender from operating the type of conveyance in question during a period to be determined in accordance with subsection (5).

  • Marginal note:Prohibition period

    (5) The prohibition period is

    • (a) if the offender is liable to imprisonment for life in respect of that offence, of any duration that the court considers appropriate, plus the entire period to which the offender is sentenced to imprisonment;

    • (b) if the offender is liable to imprisonment for more than five years but less than life in respect of that offence, not more than 10 years, plus the entire period to which the offender is sentenced to imprisonment; and

    • (c) in any other case, not more than three years, plus the entire period to which the offender is sentenced to imprisonment.

  • Marginal note:Effect of order

    (5.1) Subject to subsection (9), a prohibition order takes effect on the day that it is made.

  • Marginal note:Obligation of court

    (6) A court that makes a prohibition order under this section shall cause the order to be read by or to the offender or a copy of the order to be given to the offender.

  • Marginal note:Validity of prohibition order not affected

    (7) A failure to comply with subsection (6) does not affect the validity of the prohibition order.

  • Marginal note:Application — public place

    (8) A prohibition order in respect of a motor vehicle applies only to its operation on a street, road or highway or in any other public place.

  • Marginal note:Consecutive prohibition periods

    (9) If the offender is, at the time of the commission of the offence, subject to an order made under this Act prohibiting the offender from operating a conveyance, a court that makes a prohibition order under this section that prohibits the offender from operating the same type of conveyance may order that the prohibition order be served consecutively to that order.

  • Marginal note:Minimum absolute prohibition period

    (10) A person may not be registered in an alcohol ignition interlock device program referred to in subsection 320.18(2) until the expiry of

    • (a) in the case of a first offence, a period, if any, that may be fixed by order of the court;

    • (b) in the case of a second offence, a period of three months after the day on which the sentence is imposed or any longer period that may be fixed by order of the court; and

    • (c) in the case of a subsequent offence, a period of six months after the day on which the sentence is imposed or any longer period that may be fixed by order of the court.

  • 2018, c. 21, s. 15
 
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