Bill C-266

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First Reading

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	1st Session, 36th Parliament, 46 Elizabeth II, 1997
	The House of Commons of Canada
	BILL C-266
	An Act to amend the Criminal Code (alcohol-sensing ignition control for automobiles)
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. 7, 8, 16, 19, 31, 34; 1997, cc. 9, 16, 17, 18, 23, 30	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
	*1. Section 255 of the Criminal Code* is amended by adding the following after subsection (5):**
Definition of ``alcohol-sen- sing ignition control''	(5.1) In this section and section 259, ``alcohol-sensing ignition control'' means a device that analyses a sample of breath of a person who intends to operate a vehicle and permits the ignition to be activated only if the sample shows that the person would not be in contravention of section 253 in operating the vehicle.
Order to use alcohol-sensin g ignition control	(5.2) A court imposing a sentence on an offender for an offence under this section or making a probation order in respect of the offence pursuant to section 731 may, if the offender resides in a province that has legislation governing alcohol-sensing ignition controls, order that
	(a) a part of a fine or a part of a period of a sentence of imprisonment or probation order may be suspended if the offender undertakes to install and maintain in working order, for such period as the court may order, an alcohol-sensing ignition control on every motor vehicle that the offender operates;
	(b) it be a condition of any probation order that the offender undertakes to install and maintain in working order, during the period of probation, an alcohol-sensing ignition control on every motor vehicle that the offender operates; and
	(c) any suspended part of a fine or period of imprisonment or probation be served if the offender breaches an undertaking made pursuant to paragraph (a).
	2. Section 259 of the Act is amended by adding the following after subsection (1):
Order to use alcohol-sensin g ignition control	(1.1) A court making an order prohibiting an offender from operating a motor vehicle under subsection (1) may, if the offender resides in a province that has legislation governing alcohol-sensing ignition controls, order that a part of the period of prohibition be suspended if the offender undertakes to install and maintain in working order, for such period as the court may order, an alcohol-sensing ignition control on every motor vehicle that the offender operates.