Criminal Code

Marginal note:Punishment

• 255 (1) Every one who commits an offence under section 253 or 254 is guilty of an indictable offence or an offence punishable on summary conviction and is liable,

  • (a) whether the offence is prosecuted by indictment or punishable on summary conviction, to the following minimum punishment, namely,

    • (i) for a first offence, to a fine of not less than $1,000,

    • (ii) for a second offence, to imprisonment for not less than 30 days, and

    • (iii) for each subsequent offence, to imprisonment for not less than 120 days;

  • (b) where the offence is prosecuted by indictment, to imprisonment for a term not exceeding five years; and

  • (c) if the offence is punishable on summary conviction, to imprisonment for a term of not more than 18 months.

• Marginal note:Impaired driving causing bodily harm

  (2) Everyone who commits an offence under paragraph 253(1)(a) and causes bodily harm to another person as a result is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.

• Marginal note:Blood alcohol level over legal limit — bodily harm

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

• Marginal note:Failure or refusal to provide sample — bodily harm

  (2.2) Everyone who commits an offence under subsection 254(5) and, at the time of committing the offence, knows or ought to know that their operation of the motor vehicle, vessel, aircraft or railway equipment, their assistance in the operation of the aircraft or railway equipment or their care or control of the motor vehicle, vessel, aircraft or railway equipment caused an accident resulting in bodily harm to another person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.

• Marginal note:Impaired driving causing death

  (3) Everyone who commits an offence under paragraph 253(1)(a) and causes the death of another person as a result is guilty of an indictable offence and liable to imprisonment for life.

• Marginal note:Blood alcohol level over legal limit — death

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

• Marginal note:Failure or refusal to provide sample — death

  (3.2) Everyone who commits an offence under subsection 254(5) and, at the time of committing the offence, knows or ought to know that their operation of the motor vehicle, vessel, aircraft or railway equipment, their assistance in the operation of the aircraft or railway equipment or their care or control of the motor vehicle, vessel, aircraft or railway equipment caused an accident resulting in the death of another person, or in bodily harm to another person whose death ensues, is guilty of an indictable offence and liable to imprisonment for life.

• Marginal note:Interpretation

  (3.3) For greater certainty, everyone who is liable to the punishment described in any of subsections (2) to (3.2) is also liable to the minimum punishment described in paragraph (1)(a).

• Marginal note:Previous convictions

  (4) A person who is convicted of an offence committed under section 253 or 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

  • (a) an offence committed under either of those provisions;

  • (b) an offence under subsection (2) or (3); or

  • (c) an offence under section 250, 251, 252, 253, 259 or 260 or subsection 258(4) of this Act as this Act read immediately before the coming into force of this subsection.

• Marginal note:Conditional discharge

  Footnote ^*(5) Notwithstanding subsection 730(1), a court may, instead of convicting a person of an offence committed under section 253, after hearing medical or other evidence, if it considers that the person is in need of curative treatment in relation to his consumption of alcohol or drugs and that it would not be contrary to the public interest, by order direct that the person be discharged under section 730 on the conditions prescribed in a probation order, including a condition respecting the person’s attendance for curative treatment in relation to that consumption of alcohol or drugs.

  • Return to footnote ^*[Note: In force in the provinces of Nova Scotia, New Brunswick, Manitoba, Prince Edward Island, Saskatchewan and Alberta and in the Yukon Territory, the Northwest Territories and the Nunavut Territory, see SI/85-211 and SI/88-24.]