Conveyance Offences

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Introduction

On December 18, 2018, Part VIII.1 entitled "Offences Relating to Conveyances" was added to the Code.

Statement of Principles

Recognition and declaration

320.12 It is recognized and declared that

(a) operating a conveyance is a privilege that is subject to certain limits in the interests of public safety that include licensing, the observance of rules and sobriety;

(b) the protection of society is well served by deterring persons from operating conveyances dangerously or while their ability to operate them is impaired by alcohol or a drug, because that conduct poses a threat to the life, health and safety of Canadians;

(c) the analysis of a sample of a person’s breath by means of an approved instrument produces reliable and accurate readings of blood alcohol concentration; and

(d) an evaluation conducted by an evaluating officer is a reliable method of determining whether a person’s ability to operate a conveyance is impaired by a drug or by a combination of alcohol and a drug.

2018, c. 21, s. 15

– CCC

Offences

• Dangerous Operation of a Motor Vehicle (Offence)
• Flight from a Peace Officer (Offence)
• Failure to Stop or Remain at Scene of Accident (Offence)
• Operation While Impaired by Alcohol or Drug (Offence)
• Refusal (Offence)
• Driving While Disqualified (Offence)

Procedure

Investigation of Impairment/Over 80

• Arrest and Detention
• Screening for Drugs or Alcohol
• Right to Counsel
• Proof of Impairment by Drugs or Alcohol
• Admission of Breath or Blood Sample
• Blood Sample Warrants in Impaired Driving Investigations
• Disclosure of Calibration Records of Screen Devices and Approved Instruments

Prior to December 2018

• Screening Device (Until December 13, 2018)
• Breath Sample Demand (Until December 13, 2018)
• Blood Sample Seizure in Impaired Driving Investigations (Until December 13, 2018)
• Proof of Blood Alcohol Levels (Until December 13, 2018)
• Operation, Care or Control of a Vehicle (Until December 13, 2018)
• Refusal to Give a Sample (Until December 13, 2018)

Definitions

Under Part VIII.1 under "Offences Relating to Conveyances", the following definitions apply:

Interpretation

Definitions

320.11 The following definitions apply in this Part [Pt. VIII – Offences Against the Person and Reputation (ss. 214 to 320.1)].

analyst means a person who is, or a person who is a member of a class of persons that is, designated by the Attorney General under subparagraph 320.4(b)(ii) [AG Canada power to designate person to analyze samples] or paragraph 320.4(c) [AG Canada power to designate persons to certify alcohol standards]. (analyste)

approved container means a container that is designed to receive a sample of a person’s blood for analysis and that is approved by the Attorney General of Canada under paragraph 320.39(d) [AG Canada power to approve container to receive blood]. (contenant approuvé)

approved drug screening equipment means equipment that is designed to ascertain the presence of a drug in a person’s body and that is approved by the Attorney General of Canada under paragraph 320.39(b) [AG Canada power to approve equipment to ascertain drug in body]. (matériel de détection des drogues approuvé)

approved instrument means an instrument that is designed to receive and make an analysis of a sample of a person’s breath to determine their blood alcohol concentration and that is approved by the Attorney General of Canada under paragraph 320.39(c) [AG Canada power to approve instrument to analyse breath to determine BAC]. (éthylomètre approuvé)

approved screening device means a device that is designed to ascertain the presence of alcohol in a person’s blood and that is approved by the Attorney General of Canada under paragraph 320.39(a) [AG Canada power to approve device to ascertain blood alcohol]. (appareil de détection approuvé)

conveyance means a motor vehicle, a vessel, an aircraft or railway equipment. (moyen de transport)

evaluating officer means a peace officer who has the qualifications prescribed by regulation that are required in order to act as an evaluating officer. (agent évaluateur)

operate means

(a) in respect of a motor vehicle, to drive it or to have care or control of it;

(b) in respect of a vessel or aircraft, to navigate it, to assist in its navigation or to have care or control of it; and

(c) in respect of railway equipment, to participate in the direct control of its motion, or to have care or control of it as a member of the equipment’s crew, as a person who acts in lieu of a member of the equipment’s crew by remote control, or otherwise. (conduire)

qualified medical practitioner means a person who is qualified under provincial law to practise medicine. (médecin qualifié)

qualified technician means

(a) in respect of breath samples, a person who is designated by the Attorney General under paragraph 320.4(a) [AG Canada power to designate person to operate appr. instrument]; and

(b) in respect of blood samples, a person who is, or a person who is a member of a class of persons that is, designated by the Attorney General under subparagraph 320.4(b)(i) [AG Canada power to designate person to take blood samples]. (technicien qualifié)

vessel includes a hovercraft. (bateau) 2018, c. 21, s. 15.
[annotation(s) added]

– CCC