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AN ACT TO REDUCE CANNABIS AND ALCOHOL IMPAIRED DRIVING

Bill 29

AN ACT TO REDUCE CANNABIS AND
ALCOHOL IMPAIRED DRIVING

Chapter 26

(Assented to December 15, 2017)

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.

 


2   Section 38 is repealed.

 

3   Section 39.1 is amended

                            (a)    in subsection (3)

                                  (i)    in clause (b.1) by striking out “or notice of disqualification”;

                                 (ii)    by striking out “section 88” wherever it appears and substituting “section 90”;

                           (b)    in subsection (5)(c) by adding “a drug or” after “consumed”;

                            (c)    in subsection (6)(c) by adding “a drug or” after “consumed”.

 

4  Section 39.2 is amended

                            (a)    in subsection (5) by adding the following after clause (a):

                              (a.1)    the person had within 2 hours after ceasing to operate a motor vehicle or ceasing to have care or control of a motor vehicle a blood drug concentration equal to or exceeding any blood drug concentration for the drug prescribed by regulation under the Criminal Code (Canada),

                              (a.2)    the person had within 2 hours after ceasing to operate a motor vehicle or ceasing to have care or control of a motor vehicle 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 prescribed by regulation under the Criminal Code (Canada) for instances where alcohol and that drug are combined,

                           (b)    in subsection (6) by adding the following after clause (a):

                              (a.1)    that the person did not have within 2 hours after ceasing to operate a motor vehicle or ceasing to have care or control of a motor vehicle a blood drug concentration equal to or exceeding any blood drug concentration for the drug prescribed by regulation under the Criminal Code (Canada),

                              (a.2)    that the person did not have within 2 hours after ceasing to operate a motor vehicle or ceasing to have care or control of a motor vehicle 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 prescribed by regulation under the Criminal Code (Canada) for instances where alcohol and that drug are combined,

                              (a.3)    that the person

                                        (i)    consumed the drug or the alcohol or both after ceasing to operate a motor vehicle or ceasing to have care or control of a motor vehicle, and

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

 

5   The following is added after section 39.2:

Appeals re mandatory use of alcohol-sensing
device re section 88.1 or 88.11

39.21(1)  Where the Registrar

                                 (a)    refuses to set aside the operation of a disqualification imposed under this Act, or imposes terms or conditions, in accordance with section 88.1(3.2) or 88.11(4),

                                 (b)    refuses to exempt a person from the requirement for the use of an alcohol‑sensing device under section 88.1(3.4) or 88.11(5),

                                 (c)    sets aside the requirement for the use of an alcohol‑sensing device but imposes a further period of disqualification or suspension or another term or condition under section 88.1(3.5) or 88.11(6), or

                                 (d)    rescinds the setting aside of the disqualification or suspension of the person on the basis that the alcohol‑sensing device with which the person’s vehicle has been equipped as a condition of the setting aside of the operation of a disqualification or suspension imposed under section 88.1(3) or 88.11(2) registers a warn or a fail under section 88.1(3.6) or 88.11(7),

the person to whom the refusal, or imposition of a term or condition, further period of disqualification or suspension or disqualification or suspension applies may appeal the refusal, imposition of a term or condition, or rescission of the setting aside of a disqualification or suspension under section 88.1(3.2), (3.4) or (3.6) or 88.11(4), (5) or (7) or of the imposition of a further period of disqualification under section 88.1(3.5) or 88.11(6) to the Board.

(2)  In determining an appeal commenced pursuant to this section, the Board may by order

                                 (a)    confirm, vary or rescind any action taken by the Registrar that the Board considers appropriate in the circumstances,

                                 (b)    direct the Registrar to set aside the operation of a disqualification imposed under this Act and to impose, or not to impose, a term or condition under section 88.1(3.2) or 88.11(4),

                                 (c)    direct the Registrar to exempt a person from the requirements for the use of an alcohol‑sensing device under section 88.1(3.4) or 88.11(5),

                                 (d)    direct the Registrar not to impose a further period of disqualification or a term or condition under section 88.1(3.5) or 88.11(6), or

                                 (e)    direct the Registrar to rescind the disqualification or suspension of a person under section 88.1(3.6) or 88.11(7)

and may make the order subject to any terms or conditions that the Board considers appropriate in the circumstances.

 

6   Section 45 is amended by adding “evidence of payment of” before “the prescribed fee”.

 

7   Section 46 is repealed and the following is substituted:

Reconsideration re appeals

46(1)  Where the Board has conducted an appeal and made a decision under this Division, the Board shall on the application of the person who is the subject of the decision reconsider the decision if in the opinion of the Board the circumstances in respect of the matter have substantially changed from the time of the decision.

(2)  Once a decision of the Board has been reconsidered by the Board in respect of a matter referred to in subsection (1), the Board must refuse to reconsider the decision again.

 

8   Section 64 is amended by adding the following after clause (s):

                              (s.1)    respecting the use, processing and filing of electronic documents;

                              (s.2)    with respect to documents, whether in electronic or non‑electronic form, that are to be signed,

                                        (i)    respecting the signing of those documents, which may include dispensing with any requirement that the documents be signed;

                                      (ii)    providing for those documents, instead of being signed, to be marked, subscribed, endorsed, acknowledged or given any other form of signification or to be otherwise dealt with, and governing any matter relating to

                                            (A)    the marking, subscribing, endorsing, acknowledging or signification of or dealing with those documents, and

                                            (B)    the effect to be given to those documents;

 

9   Section 83 is amended by adding the following after subsection (8):

(9)  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 1 of the Federal Bill is deemed to be a finding of guilt for an offence under section 253 of the Criminal Code (Canada) as it read immediately on and after the coming into force of Part 1 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 1 of the Federal Bill is deemed to be a finding of guilt for an offence under section 254 of the Criminal Code (Canada) as it read immediately on and after the coming into force of Part 1 of the Federal Bill.

(10)  In subsection (9), “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.

 

10   Section 85 is amended by adding the following after subsection (7):

(7.1)  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 1 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 253 of the Criminal Code (Canada) as the Criminal Code (Canada) read immediately on and after the coming into force of Part 1 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 1 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 254 of the Criminal Code (Canada) as the Criminal Code (Canada) read immediately on and after the coming into force of Part 1 of the Federal Bill.

(7.2)  In subsection (7.1), “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.

 

11   Section 87.1(b) is repealed and the following is substituted:

                           (b)    a person appointed under the Peace Officer Act as a peace officer for the purposes of this Act.

 

12   Section 88 is amended by adding the following after subsection (6):

(6.1)  The peace officer shall advise the person of the person’s right to voluntarily undergo a test referred to in subsection (6).

 

13   Section 88.1 is amended

                            (a)    in subsection (1)

                                  (i)    by renumbering clause (a) as clause (a.1) and by adding the following before clause (a.1):

                                       (a)    “approved instrument” means a device that is designed to receive and make an analysis of a sample of the breath of a person in order to measure the concentration of alcohol in that person’s blood and that is

                                             (i)    an approved instrument within the meaning of section 254 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;

                                 (ii)    in clauses (a.1) and (b) by striking out “(2)” and substituting “(2.2)”;

                           (b)    by repealing subsection (2) and substituting the following:

(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 or had care or control of 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)    by reason of an analysis of the breath or blood of a person, that a person operated a motor vehicle or had care or control of a motor vehicle having consumed alcohol in such a quantity that the concentration of alcohol in the person’s blood exceeded 80 milligrams of alcohol in 100 millilitres of blood at any time within 3 hours after operating or having care or control of the motor vehicle;

                                 (c)    by reason of an analysis of the bodily substance of a person, that a person has within 2 hours after ceasing to operate a motor vehicle or ceasing to have care or control of 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 section 253.1 of the Criminal Code (Canada);

                                 (d)    by reason of an analysis of the breath, blood or bodily substance of a person, or any combination of them, that a person has within 2 hours after ceasing to operate a motor vehicle or ceasing to have care or control of 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 failed or refused, without a reasonable excuse, to comply with a demand made on the person to supply a sample of his or her breath, blood or bodily substance under section 254 of the Criminal Code (Canada) in respect of the operation or care or control of a motor vehicle.

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

                                 (a)    the person consumed the drug or alcohol or both after ceasing to operate the motor vehicle or ceasing to have care and control of the motor vehicle, and

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

(2.2)  The peace officer shall, on behalf of the Registrar,

                                 (a)    in the case of a person who holds an operator’s licence,

                                        (i)    require that person to surrender to the peace officer that person’s operator’s licence, and

                                      (ii)    serve on that person a notice of suspension of that person’s operator’s licence;

                                 (b)    in the case of a person who holds a licence or permit issued in another jurisdiction that permits the person to operate a motor vehicle, serve on that person a notice of disqualification

                                        (i)    disqualifying that person from operating a motor vehicle in Alberta, and

                                      (ii)    disqualifying that person from applying for or holding an operator’s licence;

                                 (c)    in the case of a person who does not hold an operator’s licence, serve on that person a notice of disqualification disqualifying that person from applying for or holding an operator’s licence.

                            (c)    in subsection (3)

                                  (i)    in clause (a)

                                       (A)    by striking out “(2)(b)” and substituting “(2.2)(a)”;

                                       (B)    by striking out “until the disposition of the criminal charge referred to in subsection (2)(a);” and substituting:

                                             (i)    for an immediate period of 90 days, and

                                            (ii)    following the expiration of the term in subclause (i), for a further period of one year;

                                 (ii)    in clause (b)

                                       (A)    by striking out “(2)(b)” and substituting “(2.2)(a)”;

                                       (B)    by striking out “until the disposition of the criminal charge referred to in subsection (2)(a);” and substituting:

                                             (i)    for an immediate period of 90 days, and

                                            (ii)    following the expiration of the term in subclause (i), for a further period of one year;

                                (iii)    in clause (c)

                                       (A)    by striking out “(2)(c)” and substituting “(2.2)(b)”;

                                       (B)    by striking out “until the disposition of the criminal charge referred to in subsection (2)(a);” and substituting:

                                             (i)    for an immediate period of 90 days, and

                                            (ii)    following the expiration of the term in subclause (i), for a further period of one year;

                                (iv)    in clause (d)

                                       (A)    by striking out “(2)(d)” and substituting “(2.2)(c)”;

                                       (B)    by striking out “until the disposition of the criminal charge referred to in subsection (2)(a).” and substituting:

                                             (i)    for an immediate period of 90 days, and

                                            (ii)    following the expiration of the term in subclause (i), for a further period of one year.

                           (d)    by adding the following after subsection (3):

(3.1)  On the expiration of a disqualification or suspension imposed under subsection (3)(a)(i), (3)(b)(i), (3)(c)(i) or (3)(d)(i) a person may apply to the Registrar to set aside the operation of the disqualification or suspension imposed under subsection (3)(a)(ii), (3)(b)(ii), (3)(c)(ii) or (3)(d)(ii).

(3.2)  The Registrar may set aside the operation of a disqualification or suspension imposed under subsection (3)(a)(ii), (3)(b)(ii), (3)(c)(ii) or (3)(d)(ii) only on the condition that the person who is subject to the disqualification or suspension

                                 (a)    does not operate a motor vehicle unless the vehicle is equipped with an alcohol-sensing device satisfactory to the Registrar, and

                                 (b)    complies with any terms or conditions imposed by the Registrar.

(3.3)  The term during which the person must not operate a motor vehicle without an alcohol-sensing device as described in subsection (3.2) is one year.

(3.4)  Notwithstanding subsection (3.3), the Registrar may consider and grant or refuse an application for exemption from subsection (3.3) where it is not feasible for the disqualified or suspended person to comply with the requirement for the use of an alcohol-sensing device as prescribed in this section.

(3.5)  On an application referred to in subsection (3.4), the Registrar may set aside the requirement for the use of an alcohol-sensing device, and instead impose a further period of disqualification or another term or condition that will, in the opinion of the Registrar, ensure public safety.

(3.6)  Where the operation of a disqualification or suspension imposed under subsection (3)(a)(ii), (3)(b)(ii), (3)(c)(ii) or (3)(d)(ii) has been set aside by the Registrar on the condition that a person does not operate a motor vehicle unless the vehicle is equipped with an alcohol‑sensing device, the Registrar may rescind the setting aside of the disqualification or suspension if the alcohol-sensing device with which the person’s vehicle has been equipped registers a warn or a fail.

(3.7)  Notwithstanding

                                 (a)    subsections (2.2)(a) and (3)(a) and (b), if the person to whom subsection (2)(b) applies voluntarily attends forthwith at a place designated by the peace officer and accompanies the peace officer to that place, if necessary, and undergoes a test using an approved instrument and the result of that test indicates that the person’s blood alcohol concentration is less than 80 milligrams of alcohol in 100 millilitres of blood, the peace officer shall forthwith return the person’s operator’s licence, if any, to the person and the suspension of the operator’s licence and the disqualification from driving are terminated;

                                 (b)    subsections (2.2)(a) and (3)(a) and (b), if the person to whom subsection (2)(c) applies voluntarily attends forthwith at a place designated by the peace officer and accompanies the peace officer to that place, if necessary, provides a sample of blood and undergoes a test or analysis of that blood and the result of that test or analysis indicates that the person’s blood drug concentration is less than all the blood drug concentrations for that drug that are prescribed under the Criminal Code (Canada), the peace officer shall forthwith return the person’s operator’s licence, if any, to the person and the suspension of the licence and disqualification from driving are terminated;

                                 (c)    subsections (2.2)(a) and (3)(a) and (b), if the person to whom subsection (2)(d) applies voluntarily attends forthwith at a place designated by the peace officer and accompanies the peace officer to that place, if necessary, and undergoes a test using an approved instrument and provides a sample of blood and undergoes a test or analysis of that blood and the result of the tests or analysis indicates that the person’s blood alcohol concentration and blood drug concentration are less than 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, the peace officer shall forthwith return the person’s operator’s licence, if any, to the person and the suspension of the licence and disqualification from driving are terminated;

                                 (d)    subsections (2.2)(b) and (3)(c), if the person to whom subsection (2)(b) applies voluntarily attends forthwith at a place designated by the peace officer and accompanies the peace officer to that place, if necessary, and undergoes a test using an approved instrument and the result of that test indicates that the person’s blood alcohol concentration is less than 80 milligrams of alcohol in 100 millilitres of blood, the disqualification from operating a motor vehicle in Alberta and applying for or holding an operator’s licence are terminated;

                                 (e)    subsections (2.2)(b) and (3)(c), if the person to whom subsection (2)(c) applies voluntarily attends forthwith at a place designated by the peace officer and accompanies the peace officer to that place, if necessary, provides a sample of blood and undergoes a test or analysis of that blood and the result of that test or analysis indicates that the person’s blood drug concentration is less than all the blood drug concentrations for that drug that are prescribed by regulation under the Criminal Code (Canada), the disqualification from operating a motor vehicle in Alberta and applying for or holding an operator’s licence are terminated;

                                 (f)    subsections (2.2)(b) and (3)(c), if the person to whom subsection (2)(d) applies voluntarily attends forthwith at a place designated by the peace officer and accompanies the peace officer to that place, if necessary, and undergoes a test using an approved instrument and provides a sample of blood and undergoes a test or analysis of that blood and the result of the tests or analysis indicates that the person’s blood alcohol concentration and the blood drug concentration are less than 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, the disqualification from operating a motor vehicle in Alberta and applying for or holding an operator’s licence are terminated;

                                 (g)    subsections (2.2)(c) and (3)(d), if the person to whom subsection (2)(b) applies voluntarily attends forthwith at a place designated by the peace officer and accompanies the peace officer to that place, if necessary, and undergoes a test using an approved instrument and the result of that test indicates that the person’s blood alcohol concentration is less than 80 milligrams of alcohol in 100 millilitres of blood, the disqualification from applying for or holding an operator’s licence is terminated;

                                 (h)    subsections (2.2)(c) and (3)(d), if the person to whom subsection (2)(c) applies voluntarily attends forthwith at a place designated by the peace officer and accompanies the peace officer to that place, if necessary, provides a sample of blood and undergoes a test or analysis of that blood and the result of that test indicates that the person’s blood drug concentration is less than all the blood drug concentrations for that drug that are prescribed by regulation under the Criminal Code (Canada), the disqualification from applying for or holding an operator’s licence is terminated;

                                  (i)    subsections (2.2)(c) and (3)(d), if the person to whom subsection (2)(d) applies voluntarily attends forthwith at a place designated by the peace officer and accompanies the peace officer to that place, if necessary, and undergoes a test using an approved instrument and provides a sample of blood and undergoes a test or analysis of that blood and the result of the tests or analysis indicates that the person’s blood alcohol concentration and blood drug concentration are less than 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, the disqualification from applying for or holding an operator’s licence is terminated.

(3.8)  The peace officer shall advise the person of the person’s right to voluntarily undergo the applicable test or analysis referred to in subsection (3.7).

(3.9)  Despite subsection (3.7)(a), (d) and (g),

                                 (a)    if the result of the test referred to in those provisions indicates that the person’s blood alcohol concentration is equal to or greater than 50 milligrams of alcohol in 100 millilitres of blood but less than 80 milligrams of alcohol in 100 millilitres of blood, the peace officer shall take the action set out in section 88(2)(c), (d) or (e), whichever is applicable in the circumstances, and

                                 (b)    if the result of the test referred to in those provisions indicates the presence of alcohol in that person’s blood and the person is a novice driver as defined in section 90(1)(c), the peace officer shall take the action set out in section 90(4).

 

14   The following is added after section 88.1:

Transitional regarding existing section 88.1
disqualifications or suspensions

88.11(1)  On the coming into force of section 13(c) of An Act to Reduce Cannabis and Alcohol Impaired Driving,

                                 (a)    a disqualification or suspension that was imposed under section 88.1(3) one year or more before the coming into force of section 13(c) of An Act to Reduce Cannabis and Alcohol Impaired Driving immediately comes to an end, and

                                 (b)    a disqualification or suspension that was imposed under section 88.1(3) less than one year before the coming into force of section 13(c) of An Act to Reduce Cannabis and Alcohol Impaired Driving continues until the person thus disqualified or suspended has been disqualified or suspended for 90 days.

(2)  After the expiration of the 90 days referred to in subsection (1)(b), the person is disqualified or suspended for a further period of the lesser of

                                 (a)    one year, and

                                 (b)    the disposition of the criminal charge referred to in section 88.1(2)(a) as it read immediately before the coming into force of this subsection.

(3)  A person may apply to the Registrar to have the operation of a disqualification or suspension imposed under subsection (2) set aside. 

(4)  The Registrar may set aside the operation of the disqualification or suspension imposed under subsection (2) only on the condition that the person

                                 (a)    does not operate a motor vehicle without an alcohol-sensing device for the remainder of the person’s disqualification or suspension, and

                                 (b)    complies with any terms or conditions imposed by the Registrar.

(5)  Notwithstanding subsection (2), the Registrar may consider and grant or refuse an application for exemption from subsection (2) where it is not feasible for the disqualified person to comply with the requirement for the use of an alcohol-sensing device as prescribed in this section.

(6)  On an application referred to in subsection (5), the Registrar may set aside the requirement for the use of an alcohol-sensing device, and instead impose a further period of disqualification or another term or condition that will, in the opinion of the Registrar, ensure public safety.

(7)  Where the operation of a disqualification or suspension imposed under subsection (2) has been set aside by the Registrar on the condition that a person does not operate a motor vehicle unless the vehicle is equipped with an alcohol-sensing device, the Registrar may rescind the setting aside of the disqualification or suspension if the alcohol-sensing device with which the person’s vehicle has been equipped registers a warn or a fail.

 

15   Section 90 is amended

                            (a)    in subsection (1)

                                  (i)    by renumbering clause (a) as clause (a.01), and by adding the following before clause (a.01):

                                       (a)    “approved drug screening equipment” means equipment that is designed to receive and make an analysis of a sample of the bodily substance of a person in order to measure the concentration of a drug in that person’s blood and that is

                                             (i)    approved drug screening equipment within the meaning of section 254 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;

                                 (ii)    by adding the following after clause (a.1):

                                    (a.2)    “drug” means any drug for which a blood drug concentration is prescribed by regulation under the Criminal Code (Canada);

                           (b)    by adding the following after subsection (2):

(2.1)  If a peace officer reasonably suspects that the driver of a motor vehicle who is a novice driver, having consumed a drug, drove the motor vehicle, the peace officer may require that the novice driver forthwith provide a bodily substance sample for analysis by approved drug screening equipment.

                            (c)    by adding the following after subsection (3):

(3.1)  On being required to provide a bodily substance sample under subsection (2.1), the novice driver must provide a bodily substance sample forthwith.

                           (d)    by adding the following after subsection (4):

(4.1)  Where a person who is a novice driver provides a bodily substance sample under subsection (3.1) and the bodily substance sample registers a result on the approved drug screening equipment that indicates the presence of a drug in that person’s blood, the peace officer shall, on behalf of the Registrar, require that person to surrender to the peace officer that person’s novice operator’s licence and serve on that person a notice of suspension of that person’s novice operator’s licence.

                            (e)    in subsection (5) by adding “or (4.1)” after “(4)”;

                            (f)    by adding the following after subsection (7.1):

(7.2)  Notwithstanding subsection (5), if the novice driver voluntarily attends forthwith at a place designated by the peace officer and accompanies the peace officer to that place, if necessary, provides a sample of blood and undergoes a test and the result of that test indicates that there is no drug in the novice driver’s blood, the peace officer shall forthwith return the novice operator’s licence, if any, to the novice driver and the disqualification from driving is terminated.

(7.3)  The peace officer shall advise the novice driver of the novice driver’s right to voluntarily undergo a test referred to in subsection (7.1) or (7.2).

 

16   Section 157(1) is amended by adding “90(3.1),” after “90(3),”.

 

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.