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Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2019-07-01 and last amended on 2019-06-21. Previous Versions

PART VIII.1Offences Relating to Conveyances (continued)

Recognition and Declaration

Marginal note:Recognition and declaration

 It is recognized and declared that

  • (a) operating a conveyance is a privilege that is subject to certain limits in the interests of public safety that include licensing, the observance of rules and sobriety;

  • (b) the protection of society is well served by deterring persons from operating conveyances dangerously or while their ability to operate them is impaired by alcohol or a drug, because that conduct poses a threat to the life, health and safety of Canadians;

  • (c) the analysis of a sample of a person’s breath by means of an approved instrument produces reliable and accurate readings of blood alcohol concentration; and

  • (d) an evaluation conducted by an evaluating officer is a reliable method of determining whether a person’s ability to operate a conveyance is impaired by a drug or by a combination of alcohol and a drug.

  • 2018, c. 21, s. 15

Offences and Punishment

Marginal note:Dangerous operation

  •  (1) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public.

  • Marginal note:Operation causing bodily harm

    (2) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and, as a result, causes bodily harm to another person.

  • Marginal note:Operation causing death

    (3) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and, as a result, causes the death of another person.

  • 2018, c. 21, s. 15

Marginal note:Operation while impaired

  •  (1) Everyone commits an offence who

    • (a) operates a conveyance while the person’s ability to operate it is impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug;

    • (b) subject to subsection (5), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration that is equal to or exceeds 80 mg of alcohol in 100 mL of blood;

    • (c) subject to subsection (6), has, within two hours after ceasing to operate a conveyance, a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation; or

    • (d) subject to subsection (7), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration and a blood drug concentration that is equal to or exceeds the blood alcohol concentration and the blood drug concentration for the drug that are prescribed by regulation for instances where alcohol and that drug are combined.

  • Marginal note:Operation causing bodily harm

    (2) Everyone commits an offence who commits an offence under subsection (1) and who, while operating the conveyance, causes bodily harm to another person.

  • Marginal note:Operation causing death

    (3) Everyone commits an offence who commits an offence under subsection (1) and who, while operating the conveyance, causes the death of another person.

  • Marginal note:Operation — low blood drug concentration

    (4) Subject to subsection (6), everyone commits an offence who has, within two hours after ceasing to operate a conveyance, a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation and that is less than the concentration prescribed for the purposes of paragraph (1)(c).

  • Marginal note:Exception — alcohol

    (5) No person commits an offence under paragraph (1)(b) if

    • (a) they consumed alcohol after ceasing to operate the conveyance;

    • (b) after ceasing to operate the conveyance, they had no reasonable expectation that they would be required to provide a sample of breath or blood; and

    • (c) their alcohol consumption is consistent with their blood alcohol concentration as determined in accordance with subsection 320.31(1) or (2) and with their having had, at the time when they were operating the conveyance, a blood alcohol concentration that was less than 80 mg of alcohol in 100 mL of blood.

  • Marginal note:Exception — drugs

    (6) No person commits an offence under paragraph (1)(c) or subsection (4) if

    • (a) they consumed the drug after ceasing to operate the conveyance; and

    • (b) after ceasing to operate the conveyance, they had no reasonable expectation that they would be required to provide a sample of a bodily substance.

  • Marginal note:Exception — combination of alcohol and drug

    (7) No person commits an offence under paragraph (1)(d) if

    • (a) they consumed the drug or the alcohol or both after ceasing to operate the conveyance;

    • (b) after ceasing to operate the conveyance, they had no reasonable expectation that they would be required to provide a sample of a bodily substance; and

    • (c) their alcohol consumption is consistent with their blood alcohol concentration as determined in accordance with subsection 320.31(1) or (2) and with their having had, at the time when they were operating the conveyance, a blood alcohol concentration less than the blood alcohol concentration established under paragraph 320.38(c).

  • 2018, c. 21, s. 15

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
 
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