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

Assented to 2018-06-21

PART 2Offences Relating to Conveyances — Alcohol and Drugs (continued)

Transitional Provisions (continued)

Marginal note:Qualified technician — breath samples

 Any person who is designated as a qualified technician within the meaning of paragraph (a) of the definition qualified technician under subsection 254(1) of the Criminal Code, as it read immediately before the day on which section 14 of this Act comes into force, is deemed to be designated as a qualified technician under paragraph 320.4(a) of the Criminal Code as enacted by section 15 of this Act.

Marginal note:Qualified technician — blood samples

 Any person who is designated as a qualified technician within the meaning of paragraph (b) of the definition qualified technician under subsection 254(1) of the Criminal Code, as it read immediately before the day on which section 14 of this Act comes into force, is deemed to be designated as a qualified technician under subparagraph 320.4(b)(i) of the Criminal Code as enacted by section 15 of this Act.

Marginal note:Analyst

 Any person who is designated as an analyst within the meaning of the definition analyst under subsection 254(1) of the Criminal Code, as it read immediately before the day on which section 14 of this Act comes into force, is deemed to be designated as an analyst under subparagraph 320.4(b)(ii) and paragraph 320.4(c) of the Criminal Code as enacted by section 15 of this Act.

Consequential Amendments

R.S., c. A-2Aeronautics Act

Marginal note:2008, c. 6, s. 55

 Section 8.6 of the Aeronautics Act is replaced by the following:

Marginal note:Admissibility of evidence

8.6 Evidence relating to the presence or concentration of alcohol or a drug in a sample of a bodily substance obtained under the Criminal Code is admissible in proceedings taken against a person under this Part, and sections 320.31 to 320.34 of the Criminal Code apply to those proceedings with any modifications that the circumstances require.

R.S., c. C-47Criminal Records Act

Marginal note:1995, c. 39, par. 191(a)

 The definition sentence in subsection 2(1) of the Criminal Records Act is replaced by the following:

sentence

sentence has the same meaning as in the Criminal Code, but does not include an order made under section 109, 110, 161 or 320.24 of that Act or subsection 147.1(1) of the National Defence Act. (peine)

Marginal note:2012, c. 1, s. 112

 Paragraph 2.3(b) of the Act is replaced by the following:

  • (b) unless the record suspension is subsequently revoked or ceases to have effect, requires that the judicial record of the conviction be kept separate and apart from other criminal records and removes any disqualification or obligation to which the applicant is, by reason of the conviction, subject under any Act of Parliament, other than section 109, 110, 161, 320.24, 490.012, 490.019 or 490.02901 of the Criminal Code, section 259 of the Criminal Code, as it read immediately before the day on which section 14 of An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts comes into force, subsection 147.1(1) or section 227.01 or 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offenders Act.

Marginal note:2012, c. 1, s. 126

 Subparagraph 7.2(a)(ii) of the Act is replaced by the following:

R.S., c. N-5National Defence Act

Marginal note:R.S., c. 27 (1st Supp.), s. 187 (Sch. V, item 5)

 Section 131 of the National Defence Act is replaced by the following:

Marginal note:Reference to Attorney General

131 For the purposes of this Act, the reference in section 320.4 of the Criminal Code to the “Attorney General” includes the Attorney General of Canada.

Marginal note:2005, c. 25, s. 23(2)

 Paragraph (a) of the definition secondary designated offence in section 196.11 of the Act is replaced by the following:

  • (a) an offence within the meaning of any of paragraphs (a) to (d.2) of the definition secondary designated offence in section 487.04 of the Criminal Code that is punishable under section 130;

R.S., c. 1 (2nd Supp.)Customs Act

 Subsection 163.5(2) of the Customs Act is replaced by the following:

  • Marginal note:Powers relating to impaired driving offences

    (2) A designated officer who is at a customs office performing the normal duties of an officer or is acting in accordance with section 99.1 has the powers and obligations of a peace officer under sections 320.27 to 320.29 of the Criminal Code. If, by demand, they require a person to provide samples of blood or breath or to submit to an evaluation, they may also require the person to accompany a peace officer referred to in paragraph (c) of the definition peace officer in section 2 of that Act, for that purpose.

R.S., c. 32 (4th Supp.)Railway Safety Act

Marginal note:2008, c. 6, s. 60

 Subsection 41(7) of the Railway Safety Act is replaced by the following:

  • Marginal note:Admissibility of evidence

    (7) Evidence relating to the presence or concentration of alcohol or a drug in a sample of a bodily substance obtained under the Criminal Code is admissible in proceedings taken against a person under this Act in respect of a contravention of a rule or regulation respecting the use of alcohol or a drug, and sections 320.31 to 320.35 of the Criminal Code  apply to those proceedings with any modifications that the circumstances require.

1992, c. 20Corrections and Conditional Release Act

Marginal note:2006, c. 14, s. 8

 The portion of section 109 of the Corrections and Conditional Release Act before paragraph (a) is replaced by the following:

Marginal note:Cancellation or variation of prohibition orders

109 The Board may, on application, cancel or vary the unexpired portion of a prohibition order made under section 320.24 of the Criminal Code  or section 259 of that Act, as it read immediately before the day on which section 14 of An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts comes into force, after a period of

Marginal note:1995, c. 42, s. 64(3); 2012, c. 1, s. 103(10)

 Paragraphs 1(s.1) to (s.2) of Schedule I to the Act are repealed.

 Section 1 of Schedule I to the Act is amended by adding the following after paragraph (z.24):

  • (z.25) section 320.13 (dangerous operation);

  • (z.26) subsections 320.14(1), (2) and (3) (operation while impaired);

  • (z.27) section 320.15 (failure or refusal to comply with demand);

  • (z.28) section 320.16 (failure to stop after accident);

  • (z.29) section 320.17 (flight from peace officer);

 Schedule I to the Act is amended by adding the following after section 1:

1.1 An offence under any of the following provisions of the Criminal Code, as they read from time to time before the day on which this section comes into force, that was prosecuted by way of indictment:

  • (a) subsections 249(3) and (4) (dangerous operation causing bodily harm and dangerous operation causing death);

  • (b) subsection 249.1(3) (flight causing bodily harm or death);

  • (c) section 249.2 (causing death by criminal negligence — street racing);

  • (d) section 249.3 (causing bodily harm by criminal negligence — street racing);

  • (e) section 249.4 (dangerous operation of motor vehicle while street racing); and

  • (f) subsections 255(2) and (3) (impaired driving causing bodily harm and impaired driving causing death).

 
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