Bill C-247: An Act to amend the Criminal Code (passive detection device)

Cover Summary BILL C-247 First Session, Forty-second Parliament, 64-65 Elizabeth II, 2015-2016 HOUSE OF COMMONS OF CANADA BILL C-247 An Act to amend the Criminal Code (passive detection device) FIRST READING, FEBRUARY 26, 2016 Mr. Sikand 421150 SUMMARY This enactment amends the Criminal Code to authorize the use by a peace officer of a passive detection device to detect the presence of alcohol in the immediate vicinity of a person whom the officer has reasonable grounds to believe was, within the preceeding three hours, operating a motor vehicle or having the care or control of a motor vehicle. The enactment also provides that if such a device indicates the presence of alcohol, it establishes reasonable grounds to suspect that the person has alcohol in their body. Available on the Parliament of Canada Web Site at the following address: http://www.parl.gc.ca 1st Session, 42nd Parliament 64-65 Elizabeth II, 2015-2016 HOUSE OF COMMONS OF CANADA BILL C-247 An Act to amend the Criminal Code (passive detection device) R.‍S.‍, c. C-46 Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1 (1) Subsection 254(1) of the Criminal Code is amended by adding the following in alphabetical order: approved passive detection device means a device of a kind that is designed to detect the presence of alcohol in the ambient air and that is approved for the purposes of this section by order of the Attorney General of Canada. (détecteur passif approuvé) (2) Section 254 of the Act is amended by adding the following after subsection (1): Passive detection device (1.‍1) A peace officer may use an approved passive detection device to collect a sample of ambient air from the immediate vicinity of a person whom the officer has reasonable grounds to believe was, within the preceeding three hours, operating a motor vehicle or having the care or control of a motor vehicle, whether it was in motion or not. Presence of alcohol (1.‍2) If an approved passive detection device indicates the presence of alcohol in a sample collected by a peace officer, it establishes reasonable grounds to suspect that the person has alcohol in their body. 2 Subsection 254.‍1(1) of the Act is amended by striking out “and” at the end of paragraph (b), by adding “and’’ at the end of paragraph (c) and by adding the following after paragraph (c): (d) prescribing any matter related to the approval, use or maintenance of approved passive detection devices. 3 Subsections 255(3) and (3.‍1) of the Act are replaced by the following: 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 the indictable offence of vehicular homicide as a result of impairment and is liable to imprisonment for life. 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 the indictable offence of vehicular homicide as a result of impairment and liable to imprisonment for life. Published under authority of the Speaker of the House of Commons