Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Failure to stop after accident

• 320.16 (1) Everyone commits an offence who operates a conveyance and who at the time of operating the conveyance knows that, or is reckless as to whether, the conveyance has been involved in an accident with a person or another conveyance and who fails, without reasonable excuse, to stop the conveyance, give their name and address and, if any person has been injured or appears to require assistance, offer assistance.

• Marginal note:Accident resulting in bodily harm

  (2) Everyone commits an offence who commits an offence under subsection (1) and who at the time of committing the offence knows that, or is reckless as to whether, the accident resulted in bodily harm to another person.

• Marginal note:Accident resulting in death

  (3) Everyone commits an offence who commits an offence under subsection (1) and who, at the time of committing the offence, knows that, or is reckless as to whether, the accident resulted in the death of another person or in bodily harm to another person whose death ensues.

Marginal note:Flight from peace officer

320.17 Everyone commits an offence who operates a motor vehicle or vessel while being pursued by a peace officer and who fails, without reasonable excuse, to stop the motor vehicle or vessel as soon as is reasonable in the circumstances.

Marginal note:Operation while prohibited

• 320.18 (1) Everyone commits an offence who operates a conveyance while prohibited from doing so

  • (a) by an order made under this Act; or

  • (b) by any other form of legal restriction imposed under any other Act of Parliament or under provincial law in respect of a conviction under this Act or a discharge under section 730.

• Marginal note:Exception

  (2) No person commits an offence under subsection (1) arising out of the operation of a motor vehicle if they are registered in an alcohol ignition interlock device program established under the law of the province in which they reside and they comply with the conditions of the program.

Marginal note:Punishment

• 320.19 (1) Every person who commits an offence under subsection 320.14(1) or 320.15(1) is guilty of

  • (a) an indictable offence and liable to imprisonment for a term of not more than 10 years and to a minimum punishment of,

    • (i) for a first offence, a fine of $1,000,

    • (ii) for a second offence, imprisonment for a term of 30 days, and

    • (iii) for each subsequent offence, imprisonment for a term of 120 days; or

  • (b) an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both, and to a minimum punishment of,

    • (i) for a first offence, a fine of $1,000,

    • (ii) for a second offence, imprisonment for a term of 30 days, and

    • (iii) for each subsequent offence, imprisonment for a term of 120 days.

• Marginal note:Summary conviction

  (2) Everyone who commits an offence under subsection 320.14(4) is liable on summary conviction to a fine of not more than $1,000.

• Marginal note:Minimum fines for high blood alcohol concentrations

  (3) Despite subparagraphs (1)(a)(i) and (b)(i), every person who commits an offence under paragraph 320.14(1)(b) is liable, for a first offence, to

  • (a) a fine of not less than $1,500, if the person’s blood alcohol concentration is equal to or exceeds 120 mg of alcohol in 100 mL of blood but is less than 160 mg of alcohol in 100 mL of blood; and

  • (b) a fine of not less than $2,000, if the person’s blood alcohol concentration is equal to or exceeds 160 mg of alcohol in 100 mL of blood.

• Marginal note:Minimum fine — subsection 320.15(1)

  (4) Despite subparagraphs (1)(a)(i) and (b)(i), every person who commits an offence under subsection 320.15(1) is liable, for a first offence, to a fine of not less than $2,000.

• Marginal note:Punishment — dangerous operation and other offences

  (5) Every person who commits an offence under subsection 320.13(1) or 320.16(1), section 320.17 or subsection 320.18(1) is guilty of

  • (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

  • (b) an offence punishable on summary conviction.

Marginal note:Punishment in case of bodily harm

320.2 Every person who commits an offence under subsection 320.13(2), 320.14(2), 320.15(2) or 320.16(2) is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of,

  • (i) for a first offence, a fine of $1,000,

  • (ii) for a second offence, imprisonment for a term of 30 days, and

  • (iii) for each subsequent offence, imprisonment for a term of 120 days; or

• (b) an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both, and to the minimum punishments set out in subparagraphs (a)(i) to (iii).

Marginal note:Punishment in case of death

320.21 Everyone who commits an offence under subsection 320.13(3), 320.14(3), 320.15(3) or 320.16(3) is liable on conviction on indictment to imprisonment for life and to a minimum punishment of,

• (a) for a first offence, a fine of $1,000;

• (b) for a second offence, imprisonment for a term of 30 days; and

• (c) for each subsequent offence, imprisonment for a term of 120 days.

Marginal note:Aggravating circumstances for sentencing purposes

320.22 A court imposing a sentence for an offence under any of sections 320.13 to 320.18 shall consider, in addition to any other aggravating circumstances, the following:

• (a) the commission of the offence resulted in bodily harm to, or the death of, more than one person;

• (b) the offender was operating a motor vehicle in a race with at least one other motor vehicle or in a contest of speed, on a street, road or highway or in another public place;

• (c) a person under the age of 16 years was a passenger in the conveyance operated by the offender;

• (d) the offender was being remunerated for operating the conveyance;

• (e) the offender’s blood alcohol concentration at the time of committing the offence was equal to or exceeded 120 mg of alcohol in 100 mL of blood;

• (f) the offender was operating a large motor vehicle; and

• (g) the offender was not permitted, under a federal or provincial Act, to operate the conveyance.

Marginal note:Delay of sentencing

• 320.23 (1) The court may, with the consent of the prosecutor and the offender, and after considering the interests of justice, delay sentencing of an offender who has been found guilty of an offence under subsection 320.14(1) or 320.15(1) to allow the offender to attend a treatment program approved by the province in which the offender resides. If the court delays sentencing, it shall make an order prohibiting the offender from operating, before sentencing, the type of conveyance in question, in which case subsections 320.24(6) to (9) apply.

• Marginal note:Exception to minimum punishment

  (2) If the offender successfully completes the treatment program, the court is not required to impose the minimum punishment under section 320.19 or to make a prohibition order under section 320.24, but it shall not direct a discharge under section 730.

Marginal note:Mandatory prohibition order

• 320.24 (1) If an offender is found guilty of an offence under subsection 320.14(1) or 320.15(1), 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 the type of conveyance in question during a period to be determined in accordance with subsection (2).

• Marginal note:Prohibition period

  (2) The prohibition period is

  • (a) for a first offence, not less than one year and not more than three years, plus the entire period to which the offender is sentenced to imprisonment;

  • (b) for a second offence, not less than two years and not more than 10 years, plus the entire period to which the offender is sentenced to imprisonment; and

  • (c) for each subsequent offence, not less than three years, plus the entire period to which the offender is sentenced to imprisonment.

• Marginal note:Discretionary order of prohibition — low blood drug concentration

  (3) If an offender is found guilty of an offence under subsection 320.14(4), 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 the type of conveyance in question during a period of not more than one year.

• Marginal note:Discretionary order of prohibition — other offences

  (4) If an offender is found guilty of an offence under section 320.13, subsection 320.14(2) or (3), 320.15(2) or (3) or under any of sections 320.16 to 320.18, 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 the type of conveyance in question during a period to be determined in accordance with subsection (5).

• Marginal note:Prohibition period

  (5) The prohibition period is

  • (a) if the offender is liable to imprisonment for life in respect of that offence, of any duration that the court considers appropriate, plus the entire period to which the offender is sentenced to imprisonment;

  • (b) if the offender is liable to imprisonment for more than five years but less than life in respect of that offence, not more than 10 years, plus the entire period to which the offender is sentenced to imprisonment; and

  • (c) in any other case, not more than three years, plus the entire period to which the offender is sentenced to imprisonment.

• Marginal note:Effect of order

  (5.1) Subject to subsection (9), a prohibition order takes effect on the day that it is made.

• Marginal note:Obligation of court

  (6) A court that makes a prohibition order under this section shall cause the order to be read by or to the offender or a copy of the order to be given to the offender.

• Marginal note:Validity of prohibition order not affected

  (7) A failure to comply with subsection (6) does not affect the validity of the prohibition order.

• Marginal note:Application — public place

  (8) A prohibition order in respect of a motor vehicle applies only to its operation on a street, road or highway or in any other public place.

• Marginal note:Consecutive prohibition periods

  (9) If the offender is, at the time of the commission of the offence, subject to an order made under this Act prohibiting the offender from operating a conveyance, a court that makes a prohibition order under this section that prohibits the offender from operating the same type of conveyance may order that the prohibition order be served consecutively to that order.

• Marginal note:Minimum absolute prohibition period

  (10) A person may not be registered in an alcohol ignition interlock device program referred to in subsection 320.18(2) until the expiry of

  • (a) in the case of a first offence, a period, if any, that may be fixed by order of the court;

  • (b) in the case of a second offence, a period of three months after the day on which the sentence is imposed or any longer period that may be fixed by order of the court; and

  • (c) in the case of a subsequent offence, a period of six months after the day on which the sentence is imposed or any longer period that may be fixed by order of the court.

Marginal note:Stay of order pending appeal

• 320.25 (1) Subject to subsection (2), if an appeal is taken against a conviction or sentence for an offence under any of sections 320.13 to 320.18, a judge of the court to which the appeal is taken may direct that the prohibition order under section 320.24 arising out of the conviction shall, on any conditions that the judge imposes, be stayed pending the final disposition of the appeal or until otherwise ordered by that court.

• Marginal note:Appeals to Supreme Court of Canada

  (2) In the case of an appeal to the Supreme Court of Canada, a direction may be made only by a judge of the court from which the appeal was taken.

• Marginal note:Effect of conditions

  (3) The imposition of conditions on a stay of a prohibition order does not operate to decrease the prohibition period provided in the prohibition order.

Marginal note:Earlier and subsequent offences

320.26 In determining, for the purpose of imposing a sentence for an offence under subsection 320.14(1) or 320.15(1), whether the offence is a second, third or subsequent offence, any of the following offences for which the offender was previously convicted is considered to be an earlier offence:

• (a) an offence under any of subsections 320.14(1) to (3) or section 320.15; or

• (b) an offence under any of sections 253, 254 and 255, as those sections read from time to time before the day on which this section comes into force.

Investigative Matters

Marginal note:Testing for presence of alcohol or drug

• 320.27 (1) If a peace officer has reasonable grounds to suspect that a person has alcohol or a drug in their body and that the person has, within the preceding three hours, operated a conveyance, the peace officer may, by demand, require the person to comply with the requirements of either or both of paragraphs (a) and (b) in the case of alcohol or with the requirements of either or both of paragraphs (a) and (c) in the case of a drug:

  • (a) to immediately perform the physical coordination tests prescribed by regulation and to accompany the peace officer for that purpose;

  • (b) to immediately provide the samples of breath that, in the peace officer’s opinion, are necessary to enable a proper analysis to be made by means of an approved screening device and to accompany the peace officer for that purpose;

  • (c) to immediately provide the samples of a bodily substance that, in the peace officer’s opinion, are necessary to enable a proper analysis to be made by means of approved drug screening equipment and to accompany the peace officer for that purpose.

• Marginal note:Mandatory alcohol screening

  (2) If a peace officer has in his or her possession an approved screening device, the peace officer may, in the course of the lawful exercise of powers under an Act of Parliament or an Act of a provincial legislature or arising at common law, by demand, require the person who is operating a motor vehicle to immediately provide the samples of breath that, in the peace officer’s opinion, are necessary to enable a proper analysis to be made by means of that device and to accompany the peace officer for that purpose.