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AN ACT TO REDUCE CANNABIS AND ALCOHOL IMPAIRED DRIVING

AN ACT TO REDUCE CANNABIS AND
ALCOHOL IMPAIRED DRIVING

Chapter 26

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Amends RSA 2000 cT‑6

1   The Traffic Safety Act is amended by this Act.

 


 

17  Section 39.2 is amended

                             (a)    in subsection (3)(c) by striking out “258” and substituting “320.32”;

                             (b)    by repealing subsections (5) and (6) and substituting the following:

(5)  If, after conducting an appeal under this section, the Board is satisfied of any of the following, the Board must confirm the suspension or disqualification:

                                   (a)    that the person operated a motor vehicle while the person’s ability to operate it was impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug;

                                   (b)    that within 2 hours after ceasing to operate a motor vehicle, the person had a blood alcohol concentration equal to or exceeding 80 milligrams of alcohol in 100 millilitres of blood;

                                    (c)    that within 2 hours after ceasing to operate a motor vehicle, the person had a blood drug concentration equal to or exceeding any blood drug concentration for the drug that is prescribed by regulation under the Criminal Code (Canada);

                                   (d)    that within 2 hours after ceasing to operate a motor vehicle, the person had a blood alcohol concentration and a blood drug concentration equal to or exceeding the blood alcohol concentration and the blood drug concentration for the drug that are prescribed by regulation under the Criminal Code (Canada) for instances where alcohol and that drug are combined;

                                    (e)    knowing that a demand had been made, the person failed or refused to comply with a demand made under section 320.27 or 320.28 of the Criminal Code (Canada) without a reasonable excuse.

(6)  If, after conducting an appeal under this section, the Board is satisfied of any of the following, the Board must cancel the suspension or disqualification and direct the return to that person of any fees paid to the Government by that person in respect of the appeal conducted under this section:

                                   (a)    that the person did not operate a motor vehicle while the person’s ability to operate it was impaired to any degree by alcohol or a drug or a combination of alcohol and a drug;

                                   (b)    that within 2 hours after ceasing to operate a motor vehicle, the person did not have a blood alcohol concentration equal to or exceeding 80 milligrams of alcohol in 100 millilitres of blood;

                                    (c)    that within 2 hours after ceasing to operate a motor vehicle, the person did not have a blood drug concentration equal to or exceeding any blood drug concentration for the drug that is prescribed by regulation under the Criminal Code (Canada);

                                   (d)    that within 2 hours after ceasing to operate a motor vehicle, the person did not have a blood alcohol concentration and a blood drug concentration equal to or exceeding the blood alcohol concentration and the blood drug concentration for the drug that are prescribed by regulation under the Criminal Code (Canada) for instances where alcohol and that drug are combined;

                                    (e)    that the person did not fail or refuse to comply with a demand made under section 320.27 or 320.28 of the Criminal Code (Canada);

                                    (f)    that the person had a reasonable excuse for failing or refusing to comply with a demand made under section 320.27 or 320.28 of the Criminal Code (Canada);

                                    (g)    that

                                           (i)    the person consumed alcohol after ceasing to operate the motor vehicle,

                                          (ii)    the person, after ceasing to operate the motor vehicle, had no reasonable expectation that the person would be required to provide a sample of breath or blood, and

                                         (iii)    the person’s alcohol consumption is consistent with the person’s blood alcohol concentration as determined in accordance with subsection 320.31(1) or (2) of the Criminal Code (Canada) and with the person having had, at the time when the person was operating the motor vehicle, a blood alcohol concentration that was less than 80 milligrams of alcohol in 100 millilitres of blood;

                                   (h)    that the person

                                           (i)    consumed the drug after ceasing to operate the motor vehicle, and

                                          (ii)    after ceasing to operate the motor vehicle, had no reasonable expectation that the person would be required to provide a sample of a bodily substance;

                                     (i)    that

                                           (i)    the person consumed the drug or the alcohol or both after ceasing to operate the motor vehicle,

                                          (ii)    the person, after ceasing to operate the motor vehicle, had no reasonable expectation that the person would be required to provide a sample of a bodily substance, and

                                         (iii)    the person’s alcohol consumption is consistent with the person’s blood alcohol concentration as determined in accordance with subsection 320.31(1) or (2) of the Criminal Code (Canada) and with the person having had, at the time when the person was operating the motor vehicle, a blood alcohol concentration less than the blood alcohol concentration established under paragraph 320.38(c) of the Criminal Code (Canada).

 

18   Section 83 is amended

                             (a)    by repealing subsection (3)(b)(ii) and substituting the following:

                                    (ii)    one offence under section 320.14 of the Criminal Code (Canada) and one offence under section 320.15 of the Criminal Code (Canada)

                             (b)    by repealing subsection (3.1)(b)(ii) and substituting the following:

                                    (ii)    one offence under section 320.14 of the Criminal Code (Canada) and one offence under section 320.15 of the Criminal Code (Canada)

                             (c)    by adding the following after subsection (10):

(11)  For the purposes of subsections (2) and (3), a finding of guilt for an offence

                                   (a)    under section 253 of the Criminal Code (Canada) as it read immediately prior to the coming into force of Part 2 of the Federal Bill is deemed to be a finding of guilt for an offence under section 320.14 of the Criminal Code (Canada) as it read immediately on and after the coming into force of Part 2 of the Federal Bill, and

                                   (b)    under section 254 of the Criminal Code (Canada) as it read immediately prior to the coming into force of Part 2 of the Federal Bill is deemed to be a finding of guilt for an offence under section 320.15 of the Criminal Code (Canada) as it read immediately on and after the coming into force of Part 2 of the Federal Bill.

(12)  In subsection (11), “the Federal Bill” means Bill C-46, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts.

 

19   Section 84 is amended by striking out “section 259(4)” and substituting “section 320.18”.

 

20   Section 85 is amended

                             (a)    by repealing subsection (3)(b)(ii) and substituting the following:

                                    (ii)    once contravened section 320.14 of the Criminal Code (Canada) and once contravened section 320.15 of the Criminal Code (Canada)

                             (b)    by adding the following after subsection (7.2):

(7.3)  For the purposes of subsections (2) and (3), a finding of guilt for an offence

                                   (a)    under section 130 of the National Defence Act (Canada) by reason that a person contravened section 253 of the Criminal Code (Canada) as the Criminal Code (Canada) read immediately prior to the coming into force of Part 2 of the Federal Bill is deemed to be a finding of guilt under section 130 of the National Defence Act (Canada) by reason that the person contravened section 320.14 of the Criminal Code (Canada) as the Criminal Code (Canada) read immediately on and after the coming into force of Part 2 of the Federal Bill, and

                                   (b)    under section 130 of the National Defence Act (Canada) by reason that a person contravened section 254 of the Criminal Code (Canada) as the Criminal Code (Canada) read immediately prior to the coming into force of Part 2 of the Federal Bill is deemed to be a finding of guilt under section 130 of the National Defence Act (Canada) by reason that the person contravened section 320.15 of the Criminal Code (Canada) as the Criminal Code (Canada) read immediately on and after the coming into force of Part 2 of the Federal Bill.

(7.4)  In subsection (7.3), “the Federal Bill” means Bill C-46, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts.

                             (c)    in subsection (8) by striking out “249(1), 249.1(1) or 252(1)” and substituting “320.13(1), 320.16(1) or section 320.17”;

                             (d)    in subsection (9) by striking out “249(3) or (4), 249.1(3), 252(1.2) or (1.3)” and substituting “320.13(2) or (3), 320.16(2) or (3)”;

                             (e)    in subsection (11) by striking out “subsection 259(4)” and substituting “section 320.18”.

 

21   Section 87 is amended

                             (a)    in subsection (1) by striking out “249(1) or 249.1(1), 249.4(1) or 252(1)” and substituting “320.13(1), 320.16(1) or section 320.17”;

                             (b)    in subsection (2) by striking out “249(3) or (4) or 249.1(3), section 249.2 or 249.3 or subsection 249.4(3) or (4), 252(1.2) or (1.3) or 255(2), (2.1), (2.2), (3), (3.1) or (3.2)” and substituting “320.13(2) or (3) or 320.14(2) or (3) or 320.15(2) or (3) or 320.16(2) or (3)”.

 

22   Section 88 is amended

                             (a)    in subsection (1)(a)(i) and (b)(i) by striking out “254” and substituting “320.11”;

                             (b)    in subsection (8)(a)(ii)(D) by striking out “section 254” and substituting “section 320.27 or 320.28”.

 

23  Section 88.1(2) and (2.1) are repealed and the following is substituted:

(2)  Subject to subsection (2.1), where a peace officer has reasonable grounds to believe any of the following, the peace officer shall, on behalf of the Registrar, take the actions set out in subsection (2.2):

                                   (a)    that a person operated a motor vehicle while the person’s ability to operate the motor vehicle was impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug;

                                   (b)    that a person has within 2 hours after ceasing to operate a motor vehicle a blood alcohol concentration that is equal to or exceeds 80 milligrams of alcohol in 100 millilitres of blood;

                                    (c)    that a person has within 2 hours after ceasing to operate a motor vehicle a blood drug concentration that is equal to or exceeds any blood drug concentration for the drug that is prescribed by regulation under the Criminal Code (Canada);

                                   (d)    that a person has within 2 hours after ceasing to operate a motor vehicle a blood alcohol concentration and a blood drug concentration that is equal to or exceeds the blood alcohol concentration and the blood drug concentration for the drug that are prescribed by regulation under the Criminal Code (Canada) for instances where alcohol and that drug are combined;

                                    (e)    that a person, knowing that a demand has been made, failed or refused, without a reasonable excuse, to comply with a demand made on the person under section 320.27 or 320.28 of the Criminal Code (Canada).

(2.1)  The peace officer shall not take the actions set out in subsection (2.2)

                                   (a)    if

                                           (i)    the person consumed alcohol after ceasing to operate the motor vehicle,

                                          (ii)    the person, after ceasing to operate the motor vehicle, had no reasonable expectation that the person would be required to provide a sample of breath or blood, and

                                         (iii)    the person’s alcohol consumption is consistent with the person’s blood alcohol concentration as determined in accordance with subsection 320.31(1) or (2) of the Criminal Code (Canada) and with the person having had, at the time when the person was operating the motor vehicle, a blood alcohol concentration that was less than 80 milligrams of alcohol in 100 millilitres of blood;

                                   (b)    if

                                           (i)    the person consumed the drug after ceasing to operate the motor vehicle, and

                                          (ii)    the person, after ceasing to operate the motor vehicle, had no reasonable expectation that the person would be required to provide a sample of a bodily substance;

                                    (c)    if

                                           (i)    the person consumed the drug or the alcohol or both after ceasing to operate the motor vehicle,

                                          (ii)    the person, after ceasing to operate the motor vehicle, had no reasonable expectation that the person would be required to provide a sample of a bodily substance, and

                                         (iii)    the person’s alcohol consumption is consistent with the person’s blood alcohol concentration as determined in accordance with subsection 320.31(1) or (2) of the Criminal Code (Canada) and with the person having had, at the time when the person was operating the motor vehicle, a blood alcohol concentration less than the blood alcohol concentration established under paragraph 320.38(c) of the Criminal Code (Canada).

 

24   Section 88.2 is amended

                             (a)    in subsections (1) and (3) by striking out “section 253, 254 or 255” and substituting “section 320.14 or 320.15”;

                             (b)    in subsections (5)(b) and (5.1) by striking out “section 255” and substituting “subsection 320.14(2) or (3) or 320.15(2) or (3)”.

 

25   Section 89(5)(a)(ii)(D) is amended by striking out “section 254” and substituting “section 320.27 or 320.28”.

 

26   Section 90(1) is amended

                             (a)    by repealing clause (a) and substituting the following:

                                   (a)    “approved drug screening equipment” means equipment that is designed to ascertain the presence of a drug in a person’s body and that is

                                           (i)    approved drug screening equipment within the meaning of section 320.11 of the Criminal Code (Canada), or

                                          (ii)    approved under this Act by the Lieutenant Governor in Council to be used for the purposes of this section;

                             (b)    in clause (a.1) by striking out “254” and substituting “320.11”.

 

27   Section 98(1)(b) is amended by striking out “259” and substituting “320.24”.

 

28   Section 172.1 is amended by striking out “section 253, 254 or 255” and substituting “section 320.14 or 320.15”.

 

29   The following provisions are amended by striking out “section 253 or 254” and substituting “section 320.14 or 320.15”:

section 31(b);
section 83(1), (2)(a) and (b), (2.1), (3)(a) and (b)(i),
     (3.1)(a) and (b)(i), (4) and (5);
section 88.2(5)(a).

 

30(1)  Subject to subsection (2), this Act comes into force on Proclamation.

(2)  A Proclamation to bring into force section 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 or 29 may only be issued if Bill C‑46, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts, receives Royal Assent.