An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts (S.C. 2018, c. 21)

4 The Act is amended by adding the following after section 254:

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

• 5 (1) The portion of subsection 255(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Punishment

  • 255 (1) Everyone who commits an offence under subsection 253(1), paragraph 253(3)(a) or (c) or section 254 is guilty of an indictable offence or an offence punishable on summary conviction and is liable,

• (2) Section 255 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Summary conviction

    (1.1) Everyone who commits an offence under paragraph 253(3)(b) is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $1,000.

• Marginal note:2008, c. 6, s. 21(3)

  (3) Subsection 255(2.1) of the Act is replaced by the following:

  • Marginal note:Blood concentration equal to or over legal limit — bodily harm

    (2.1) Everyone who, while committing an offence under paragraph 253(1)(b) or (3)(a) or (c), causes an accident resulting in bodily harm to another person is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years.

• Marginal note:2008, c. 6, s. 21(3)

  (4) Subsection 255(3.1) of the Act is replaced by the following:

  • Marginal note:Blood concentration equal to or over legal limit — death

    (3.1) Everyone who, while committing an offence under paragraph 253(1)(b) or (3)(a) or (c), causes an accident resulting in the death of another person is guilty of an indictable offence and is liable to imprisonment for life.

• Marginal note:2008, c. 6, s. 21(4)

  (5) The portion of subsection 255(4) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Previous convictions

    (4) A person who is convicted of an offence committed under section 253, except paragraph 253(3)(b), or under subsection 254(5) is, for the purposes of this Act, deemed to be convicted for a second or subsequent offence, as the case may be, if they have previously been convicted of

Marginal note:2008, c. 6, s. 23

6 Subsection 257(2) of the Act is replaced by the following:

Marginal note:2008, c. 6, s. 24(5)

• 7 (1) The portion of paragraph 258(1)(d) of the Act before subparagraph (i) is replaced by the following:

  • (d) if a sample of the accused’s blood has been taken under section 254 or 256 or with the accused’s consent, evidence of the result of the analysis of that sample is conclusive proof, in the absence of evidence tending to show that the analysis was performed improperly, that the concentration of alcohol in the accused’s blood both at the time when the sample was taken and at the time when the offence was alleged to have been committed was the concentration determined by the analysis or, if more than one sample was analyzed and the results of the analyses are the same, the concentration determined by the analyses and, if the results of the analyses are different, the lowest of the concentrations determined by the analyses, provided that

• Marginal note:2008, c. 6, s. 24(5)

  (2) Subparagraph 258(1)(d)(iii) of the Act is replaced by the following:

  • (iii) both samples referred to in subparagraph (i) were taken by a qualified medical practitioner or a qualified technician,

• Marginal note:2008, c. 6, s. 24(5)

  (3) The portion of paragraph 258(1)(d) of the English version of the Act after subparagraph (v) is repealed.

• Marginal note:R.S., c. 27 (1st Supp.), s. 36

  (4) Subparagraphs 258(1)(h)(ii) and (iii) of the Act are replaced by the following:

  • (ii) a certificate of a qualified technician stating

    • (A) that they took the sample and before the sample was taken they were of the opinion that taking it would not endanger the accused’s life or health and,

    • (B) the facts referred to in clauses (i)(B) to (D)

• Marginal note:2008, c. 6, s. 24(9)

  (5) Subsection 258(2) of the Act is replaced by the following:

  • Marginal note:Evidence of failure to give sample

    (2) Unless a person is required to give a sample of a bodily substance under paragraph 254(2)(b) or (c) or subsection 254(3), (3.3) or (3.4), evidence that they failed or refused to give a sample for analysis for the purposes of this section or that a sample was not taken is not admissible and the failure, refusal or fact that a sample was not taken shall not be the subject of comment by any person in the proceedings.

• Marginal note:2008, c. 6, s. 24(9)

  (6) Subsection 258(5) of the Act is replaced by the following:

  • Marginal note:Testing of blood — alcohol and drugs

    (5) Samples of an accused’s blood taken or obtained in the course of an investigation of an offence under section 253 may be analyzed to determine the accused’s blood alcohol concentration or blood drug concentration, or both.

Marginal note:2008, c. 6, s. 25

• 8 (1) Subsection 258.1(1) of the Act is replaced by the following:

  Marginal note:Unauthorized use of bodily substance

  • 258.1 (1) Subject to subsection (3) and subsections 258(4) and (5), no person shall use a bodily substance taken under paragraph 254(2)(b) or (c), subsection 254(3), (3.1), (3.3) or (3.4) or section 256 or with the consent of the person from whom it was taken after a request by a peace officer or medical samples that are provided by consent and subsequently seized under a warrant, except for the purpose of an analysis that is referred to in that provision or for which the consent is given.

• Marginal note:2008, c. 6, s. 25

  (2) The portion of subsection 258.1(2) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Unauthorized use or disclosure of results

    (2) Subject to subsections (3) and (4), no person shall use, disclose or allow the disclosure of the results of physical coordination tests under paragraph 254(2)(a), the results of an evaluation under paragraph 254(3.1)(a), the results of the analysis of a bodily substance taken under paragraph 254(2)(b) or (c), subsection 254(3), (3.3) or (3.4) or section 256 or with the consent of the person from whom it was taken after a request by a peace officer, or the results of the analysis of medical samples that are provided by consent and subsequently seized under a warrant, except

Marginal note:2008, c. 6, s. 26(1)

• 9 (1) The portion of subsection 259(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Mandatory order of prohibition

  • 259 (1) If an offender is convicted of an offence committed under section 253, other than an offence under paragraph 253(3)(b), or under section 254 or this section or discharged under section 730 of an offence committed under section 253, other than an offence under subsection 253(3)(b), 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,

• (2) Section 259 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Discretionary order of prohibition

    (1.01) If an offender is convicted of an offence committed under paragraph 253(3)(b) or discharged under section 730 of such an offence and, at the time the offence was committed, 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 may, 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, during a period of not more than one year.

• Marginal note:R.S., c. 27 (1st Supp.), s. 36

  (3) Subsection 259(3) of the Act is replaced by the following:

  • Marginal note:Saving

    (3) No order made under subsection (1), (1.01) or (2) shall operate to prevent any person from acting as master, mate or engineer of a vessel that is required to carry officers holding certificates as master, mate or engineer.

• Marginal note:2006, c. 14, s. 3(3)

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

  • Marginal note:Definition of disqualification

    (5) For the purposes of this section, disqualification means

    • (a) a prohibition from operating a motor vehicle, vessel or aircraft or any railway equipment ordered under any of subsections (1), (1.01), (2) and (3.1) to (3.4); or

    • (b) in respect of a conviction or discharge under section 730 of any offence referred to in any of subsections (1), (1.01), (2) and (3.1) to (3.4), a disqualification or any other form of legal restriction of the right or privilege to operate a motor vehicle, vessel or aircraft imposed

      • (i) in the case of a motor vehicle, under the law of a province, and

      • (ii) in the case of a vessel or an aircraft, under an Act of Parliament.