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Bill C-461

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2nd Session, 40th Parliament,
57-58 Elizabeth II, 2009
house of commons of canada
BILL C-461
An Act to amend the Criminal Code (use of hand-held telecommunications device while operating a motor vehicle)
R.S., c. C-46
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. The Criminal Code is amended by adding the following after section 252:
Definition of “hand-held cellular telephone”
252.1 (1) In this section, “hand-held cellular telephone” means a cellular telephone the use of which requires that it be placed close to the mouth and ear by being held in the hand or by any other means that requires the use of one or more parts of the body, but does not include a cellular telephone that is being used with an external speaker or with an earphone and microphone.
Prohibition
(2) No person shall, while operating a motor vehicle on a highway, use
(a) a hand-held cellular telephone; or
(b) a hand-held telecommunications device for sending or receiving messages in text format.
Punishment
(3) Every person who contravenes subsection (2) is guilty of an offence and liable on summary conviction
(a) for a first offence, to a fine of not more than $500; and
(b) for a second or subsequent offence, to a fine of not more than $2,000 or to imprisonment for a term of not more than six months, or to both.
Published under authority of the Speaker of the House of Commons
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