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46-47-48 ELIZABETH II

CHAPTER 32

An Act to amend the Criminal Code (impaired driving and related matters)

[Assented to 17th June, 1999]

Preamble

Whereas the Parliament of Canada recognizes that impaired driving continues to pose a very serious threat to the life and health of Canadians;

Whereas the Parliament of Canada is committed to ensuring that the provisions of the Criminal Code respecting impaired driving have a sufficient deterrent effect on potential offenders;

And Whereas the Parliament of Canada supports the principle that the sanctions to be imposed for an offence involving impaired driving must reflect the gravity of the offence as well as the degree of responsibility of the offender;

Now, Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. C-46; R.S., cc. 2, 11, 27, 31, 47, 51, 52 (1st Supp.), cc. 1, 24, 27, 35 (2nd Supp.), cc. 10, 19, 30, 34 (3rd Supp.), cc. 1, 23, 29, 30, 31, 32, 40, 42, 50 (4th Supp.); 1989, c. 2; 1990, cc. 15, 16, 17, 44; 1991, cc. 1, 4, 28, 40, 43; 1992, cc. 1, 11, 20, 21, 22, 27, 38, 41, 47, 51; 1993, cc. 7, 25, 28, 34, 37, 40, 45, 46; 1994, cc. 12, 13, 38, 44; 1995, cc. 5, 19, 22, 27, 29, 32, 39, 42; 1996, cc. 8, 16, 19, 31, 34; 1997, cc. 9, 16, 17, 18, 23, 30, 39; 1998, cc. 7, 9, 15, 30, 34, 35, 37; 1999, cc. 5, 17

CRIMINAL CODE

1994, c. 44, s. 12

1. Subsection 252(1) of the Criminal Code is replaced by the following:

Failure to stop at scene of accident

252. (1) Every person commits an offence who has the care, charge or control of a vehicle, vessel or aircraft that is involved in an accident with

    (a) another person,

    (b) a vehicle, vessel or aircraft, or

    (c) in the case of a vehicle, cattle in the charge of another person,

and with intent to escape civil or criminal liability fails to stop the vehicle, vessel or, if possible, the aircraft, give his or her name and address and, where any person has been injured or appears to require assistance, offer assistance.

Punishment

(1.1) Every person who commits an offence under subsection (1) in a case not referred to in subsection (1.2) or (1.3) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years or is guilty of an offence punishable on summary conviction.

Offence involving bodily harm

(1.2) Every person who commits an offence under subsection (1) knowing that bodily harm has been caused to another person involved in the accident is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

Offence involving bodily harm or death

(1.3) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for life if

    (a) the person knows that another person involved in the accident is dead; or

    (b) the person knows that bodily harm has been caused to another person involved in the accident and is reckless as to whether the death of the other person results from that bodily harm, and the death of that other person so results.

R.S., c. 27 (1st Supp.), s. 36

2. The portion of subsection 254(3) of the Act before paragraph (a) is replaced by the following:

Samples of breath or blood where reasonable belief of commission of offence

(3) Where a peace officer believes on reasonable and probable grounds that a person is committing, or at any time within the preceding three hours has committed, as a result of the consumption of alcohol, an offence under section 253, the peace officer may, by demand made to that person forthwith or as soon as practicable, require that person to provide then or as soon thereafter as is practicable

R.S., c. 27 (1st Supp.), s. 36

3. Subparagraph 255(1)(a)(i) of the Act is replaced by the following:

      (i) for a first offence, to a fine of not less than six hundred dollars,

4. The Act is amended by adding the following after section 255:

Aggravating circumstances for sentencing purposes

255.1 Without limiting the generality of section 718.2, where a court imposes a sentence for an offence committed under this Act by means of a motor vehicle, vessel or aircraft or of railway equipment, evidence that the concentration of alcohol in the blood of the offender at the time when the offence was committed exceeded one hundred and sixty milligrams of alcohol in one hundred millilitres of blood shall be deemed to be aggravating circumstances relating to the offence that the court shall consider under paragraph 718.2(a).

R.S., c. 32 (4th Supp.), s. 62(1); 1995, c. 22, s. 10 (Sch. I, item 12); 1997, c. 18, s. 11(1)

5. (1) Subsection 259(1) of the Act is replaced by the following:

Mandatory order of prohibition

259. (1) When an offender is convicted of an offence committed under section 253 or 254 or discharged under section 730 of an offence committed under section 253 and, at the time the offence was committed or, in the case of an offence committed under section 254, within the three hours preceding that time, was operating or had the care or control of a motor vehicle, vessel or aircraft or of railway equipment or was assisting in the operation of an aircraft or of railway equipment, 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 a motor vehicle on any street, road, highway or other public place, or from operating a vessel or an aircraft or railway equipment, as the case may be,

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

    (b) for a second offence, during a period of not more than five years plus any period to which the offender is sentenced to imprisonment, and not less than two years; and

    (c) for each subsequent offence, during a period of not less than three years plus any period to which the offender is sentenced to imprisonment.

Exception where Alcohol Ignition Interlock Program

(1.1) Notwithstanding paragraph (1)(a), where the lieutenant governor in council of the province in which the prohibition order under paragraph (1)(a) is to be made has established a program governing the use of an alcohol ignition interlock device by an offender convicted of an offence for which the order is to be made, the minimum period of not less than one year is reduced to a period of not less than three months, if the offender participates in the program during the remainder of the one year period.

R.S., c. 27 (1st Supp.), s. 36

(2) Paragraph 259(4)(a) of the Act is replaced by the following:

    (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

6. Subsection 732.1(3) of the Act is amended by striking out the word ``and'' at the end of paragraph (g) and by adding the following after paragraph (g):

    (g.1) where the lieutenant governor in council of the province in which the probation order is made has established a program for curative treatment in relation to the consumption of alcohol or drugs, attend at a treatment facility, designated by the lieutenant governor in council of the province, for assessment and curative treatment in relation to the consumption by the offender of alcohol or drugs that is recommended pursuant to the program;

    (g.2) where the lieutenant governor in council of the province in which the probation order is made has established a program governing the use of an alcohol ignition interlock device by an offender and if the offender agrees to participate in the program, comply with the program; and

TRANSITIONAL

Application of increased punishment

7. Where any penalty or punishment provided by the Criminal Code is varied by this Act, the lesser penalty or punishment applies in respect of any offence that was committed before the coming into force of this section.

COMING INTO FORCE

Coming into force

8. This Act or any of its provisions or any provision of the Criminal Code as enacted or amended by this Act comes into force on a day or days to be fixed by order of the Governor in Council.