Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2019-06-06 and last amended on 2018-12-18. Previous Versions

PART VIII.1Offences Relating to Conveyances (continued)

Evidentiary Matters (continued)

Marginal note:Printout from approved instrument

 A document that is printed out from an approved instrument and signed by a qualified technician who certifies it to be the printout produced by the approved instrument when it made an analysis of a sample of a person’s breath is evidence of the facts alleged in the document without proof of the signature or official character of the person who signed it.

  • 2018, c. 21, s. 15

Marginal note:Disclosure of information

  •  (1) In proceedings in respect of an offence under section 320.14, the prosecutor shall disclose to the accused, with respect to any samples of breath that the accused provided under section 320.28, information sufficient to determine whether the conditions set out in paragraphs 320.31(1)(a) to (c) have been met, namely:

    • (a) the results of the system blank tests;

    • (b) the results of the system calibration checks;

    • (c) any error or exception messages produced by the approved instrument at the time the samples were taken;

    • (d) the results of the analysis of the accused’s breath samples; and

    • (e) a certificate of an analyst stating that the sample of an alcohol standard that is identified in the certificate is suitable for use with an approved instrument.

  • Marginal note:Application for further disclosure

    (2) The accused may apply to the court for a hearing to determine whether further information should be disclosed.

  • Marginal note:Form and content of application

    (3) The application shall be in writing and set out detailed particulars of the information that the accused seeks to have disclosed and the likely relevance of that information to determining whether the approved instrument was in proper working order. A copy of the application shall be given to the prosecutor at least 30 days before the day on which the application is to be heard.

  • Marginal note:Time of hearing

    (4) The hearing of the application shall be held at least 30 days before the day on which the trial is to be held.

  • Marginal note:For greater certainty

    (5) For greater certainty, nothing in this section limits the disclosure to which the accused may otherwise be entitled.

  • 2018, c. 21, s. 15

Marginal note:Presumption of operation

 In proceedings in respect of an offence under section 320.14 or 320.15, if it is proved that the accused occupied the seat or position ordinarily occupied by a person who operates a conveyance, the accused is presumed to have been operating the conveyance unless they establish that they did not occupy that seat or position for the purpose of setting the conveyance in motion.

  • 2018, c. 21, s. 15

General Provisions

Marginal note:Unauthorized use of bodily substance

  •  (1) No person shall use a bodily substance obtained under this Part for any purpose other than for an analysis under this Part.

  • Marginal note:Unauthorized use or disclosure of results

    (2) No person shall use, disclose or allow the disclosure of the results obtained under this Part of any evaluation, physical coordination test or analysis of a bodily substance, except for the purpose of the administration or enforcement of a federal or provincial Act related to drugs and/or alcohol and/or to the operation of a motor vehicle, vessel, aircraft or railway equipment.

  • Marginal note:Exception

    (3) The results of an evaluation, test or analysis referred to in subsection (2) may be disclosed to the person to whom they relate, and may be disclosed to any other person if the results are made anonymous and the disclosure is made for statistical or research purposes.

  • Marginal note:Offence

    (4) Everyone who contravenes subsection (1) or (2) commits an offence punishable on summary conviction.

  • 2018, c. 21, s. 15

Marginal note:Refusal to take sample

  •  (1) No qualified medical practitioner or qualified technician shall be found guilty of an offence by reason only of their refusal to take a sample of blood from a person for the purposes of this Part if they have a reasonable excuse for refusing to do so.

  • Marginal note:No liability

    (2) No qualified medical practitioner, and no qualified technician, who takes a sample of blood from a person under this Part incurs any liability for doing anything necessary to take the sample that was done with reasonable care and skill.

  • 2018, c. 21, s. 15

Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) prescribing the qualifications required for a peace officer to act as an evaluating officer and respecting the training of evaluating officers;

  • (b) prescribing the blood drug concentration for a drug for the purpose of paragraph 320.14(1)(c);

  • (c) prescribing a blood alcohol concentration and a blood drug concentration for a drug for the purposes of paragraph 320.14(1)(d);

  • (d) prescribing the blood drug concentration for a drug for the purpose of subsection 320.14(4);

  • (e) prescribing the physical coordination tests to be conducted under paragraph 320.27(1)(a); and

  • (f) prescribing the tests to be conducted and procedures to be followed during an evaluation under paragraph 320.28(2)(a) and the forms to be used in recording the results of the evaluation.

  • 2018, c. 21, s. 15

Marginal note:Approval — Attorney General of Canada

 The Attorney General of Canada may, by order, approve

  • (a) a device that is designed to ascertain the presence of alcohol in a person’s blood;

  • (b) equipment that is designed to ascertain the presence of a drug in a person’s body;

  • (c) an instrument that is designed to receive and make an analysis of a sample of a person’s breath to determine their blood alcohol concentration; and

  • (d) a container that is designed to receive a sample of a person’s blood for analysis.

  • 2018, c. 21, s. 15

Marginal note:Designation — Attorney General

 The Attorney General may designate

  • (a) a person as qualified, for the purposes of this Part, to operate an approved instrument;

  • (b) a person or class of persons as qualified, for the purposes of this Part,

    • (i) to take samples of blood, or

    • (ii) to analyze samples of bodily substances; and

  • (c) a person or class of persons as qualified, for the purposes of this Part, to certify that an alcohol standard is suitable for use with an approved instrument.

  • 2018, c. 21, s. 15

PART IXOffences Against Rights of Property

Interpretation

Marginal note:Definitions

 In this Part,

break

break means

  • (a) to break any part, internal or external, or

  • (b) to open any thing that is used or intended to be used to close or to cover an internal or external opening; (effraction)

credit card

credit card means any card, plate, coupon book or other device issued or otherwise distributed for the purpose of being used

  • (a) on presentation to obtain, on credit, money, goods, services or any other thing of value, or

  • (b) in an automated teller machine, a remote service unit or a similar automated banking device to obtain any of the services offered through the machine, unit or device; (carte de crédit)

document

document means any paper, parchment or other material on which is recorded or marked anything that is capable of being read or understood by a person, computer system or other device, and includes a credit card, but does not include trade-marks on articles of commerce or inscriptions on stone or metal or other like material; (document)

exchequer bill

exchequer bill means a bank-note, bond, note, debenture or security that is issued or guaranteed by Her Majesty under the authority of Parliament or the legislature of a province; (bon du Trésor)

exchequer bill paper

exchequer bill paper means paper that is used to manufacture exchequer bills; (papier de bons du Trésor)

false document

false document means a document

  • (a) the whole or a material part of which purports to be made by or on behalf of a person

    • (i) who did not make it or authorize it to be made, or

    • (ii) who did not in fact exist,

  • (b) that is made by or on behalf of the person who purports to make it but is false in some material particular,

  • (c) that is made in the name of an existing person, by him or under his authority, with a fraudulent intention that it should pass as being made by a person, real or fictitious, other than the person who makes it or under whose authority it is made; (faux document)

revenue paper

revenue paper means paper that is used to make stamps, licences or permits or for any purpose connected with the public revenue. (papier de revenu)

  • R.S., 1985, c. C-46, s. 321
  • R.S., 1985, c. 27 (1st Supp.), s. 42
 
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