C-24.2 - Highway Safety Code

Section 202.4 Disposition versions

2018-12-18

202.4. On behalf of the Société, a peace officer shall immediately suspend,

(1)  for 90 days, the licence of any person driving or having the care or control of a road vehicle whose blood alcohol concentration level is shown, by a an analysis of a sample of the person’s breath made by means of an approved instrument in accordance with the Criminal Code (R. S. C., 1985, c. C-46), to be equal to or in excess of 80 mg of alcohol in 100 ml of blood;

(2)  for 90 days, the licence of any person driving or having the care or control of a road vehicle who is subject to the prohibition under section 202.2 and in whose body the presence of alcohol is revealed by a screening test administered in accordance with section 202.3 or whose blood alcohol concentration level is shown, by an analysis of a sample of the person’s breath made by means of an approved instrument in accordance with the Criminal Code, to be less than 80 mg of alcohol in 100 ml of blood;

(3)  for 24 hours, the licence of any person who is subject to the prohibition under section 202.2.1.1 and drives or has the care or control of a road vehicle to which the prohibition is applicable

(a)  if a screening test conducted in accordance with section 202.3 or in accordance with the Criminal Code reveals the presence of any alcohol in the person’s body; or

(b)  if the person’s blood alcohol concentration level is shown, by an analysis of a sample of the person’s breath made by means of an approved instrument in accordance with the Criminal Code, to be less than 80 mg of alcohol in 100 ml of blood;

(4)  for 24 hours, the licence of any person not described in subparagraph 1 who is subject to the prohibition under section 202.2.1.2 and drives or has the care or control of a road vehicle to which the prohibition is applicable

(a)  if, during a screening test conducted in accordance with section 202.3 or in accordance with the Criminal Code, the screening device shows a blood alcohol concentration level equal to or in excess of 50 mg of alcohol in 100 ml of blood; or

(b)  if the person’s blood alcohol concentration level is shown, following an analysis of a sample of the person’s breath made by means of an approved instrument in accordance with the Criminal Code, to be equal to or in excess of 50 mg of alcohol in 100 ml of blood.

The suspension applies to any licence authorizing the operation of a road vehicle or to the right to obtain such a licence.

Not in force

The suspension imposed on a person who is subject to the prohibition under section 202.2.1 applies only with respect to vehicles to which that prohibition is applicable, provided the person is not also in contravention of subparagraph 1 of the first paragraph of this section.

The suspension imposed on a person who is subject to the prohibition under section 202.2.1.1 or 202.2.1.2 applies only with respect to vehicles to which that prohibition is applicable.

1996, c. 56, s. 61; 2001, c. 29, s. 13; 2002, c. 29, s. 20; 2004, c. 2, s. 18; 2007, c. 40, s. 36; 2010, c. 34, s. 31; 2018, c. 19, s. 44.

2012-06-30

202.4. On behalf of the Société, a peace officer shall immediately suspend,

(1)  for 90 days, the licence of any person driving or having the care or control of a road vehicle whose blood alcohol concentration level is shown, by a breath test carried out by means of an approved instrument in accordance with the Criminal Code (R. S. C., 1985, c. C-46), to be in excess of 80 mg of alcohol in 100 ml of blood;

(2)  for 90 days, the licence of any person driving or having the care or control of a road vehicle who is subject to the prohibition under section 202.2 and in whose body the presence of alcohol is revealed by a screening test administered under section 202.3 or whose blood alcohol concentration level is shown, by a breath test carried out by means of an approved instrument in accordance with the Criminal Code, to be equal to or less than 80 mg of alcohol in 100 ml of blood;

(3)  for 24 hours, the licence of any person who is subject to the prohibition under section 202.2.1.1 and drives or has the care or control of a road vehicle to which the prohibition is applicable

(a)  if a screening test conducted under section 202.3 or in accordance with the Criminal Code reveals the presence of any alcohol in the person’s body; or

(b)  if the person’s blood alcohol concentration level is shown, by a breath test conducted by means of an approved instrument in accordance with the Criminal Code, to be equal to or less than 80 mg of alcohol in 100 ml of blood;

(4)  for 24 hours, the licence of any person not described in subparagraph 1 who is subject to the prohibition under section 202.2.1.2 and drives or has the care or control of a road vehicle to which the prohibition is applicable

(a)  if, during a screening test conducted under section 202.3 or in accordance with the Criminal Code, the screening device shows a blood alcohol concentration level equal to or in excess of 50 mg of alcohol in 100 ml of blood; or

(b)  if the person’s blood alcohol concentration level is shown, following a breath test conducted by means of an approved instrument in accordance with the Criminal Code, to be equal to or in excess of 50 mg of alcohol in 100 ml of blood.

The suspension applies to any licence authorizing the operation of a road vehicle or to the right to obtain such a licence.

Not in force

The suspension imposed on a person who is subject to the prohibition under section 202.2.1 applies only with respect to vehicles to which that prohibition is applicable, provided the person is not also in contravention of subparagraph 1 of the first paragraph of this section.

The suspension imposed on a person who is subject to the prohibition under section 202.2.1.1 or 202.2.1.2 applies only with respect to vehicles to which that prohibition is applicable.

1996, c. 56, s. 61; 2001, c. 29, s. 13; 2002, c. 29, s. 20; 2004, c. 2, s. 18; 2007, c. 40, s. 36; 2010, c. 34, s. 31.

2008-12-07

202.4. On behalf of the Société, a peace officer shall immediately suspend,

(1)  for 90 days, the licence of any person driving or having the care or control of a road vehicle whose blood alcohol concentration level is shown, by a breath test carried out by means of an approved instrument in accordance with the Criminal Code (R. S. C., 1985, c. C-46), to be in excess of 80 mg of alcohol in 100 ml of blood; or

(2)  for 90 days, the licence of any person driving or having the care or control of a road vehicle who is subject to the prohibition under section 202.2 or 202.2.1 and in whose body the presence of alcohol is revealed by a screening test administered under section 202.3 or whose blood alcohol concentration level is shown, by a breath test carried out by means of an approved instrument in accordance with the Criminal Code, to be equal to or less than 80 mg of alcohol in 100 ml of blood.

The suspension applies to any licence authorizing the operation of a road vehicle or to the right to obtain such a licence.

Not in force

The suspension imposed on a person who is subject to the prohibition under section 202.2.1 applies only with respect to vehicles to which that prohibition is applicable, provided the person is not also in contravention of subparagraph 1 of the first paragraph of this section.

1996, c. 56, s. 61; 2001, c. 29, s. 13; 2002, c. 29, s. 20; 2004, c. 2, s. 18; 2007, c. 40, s. 36.

2004-04-06

202.4. A peace officer shall immediately suspend on behalf of the Société, for a period of 30 days, the licence of

(1)   a person subject to the prohibition set out in section 202.2 or 202.2.1 who is driving or has the care or control of a road vehicle if a screening test under section 202.3 reveals the presence of alcohol in the person’s body;

(2)  a person driving or having the care or control of a road vehicle, if a sample taken by means of an approved instrument in accordance with the provisions of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) reveals a concentration of alcohol in the person’s blood that exceeds 80 milligrammes of alcohol in 100 millilitres of blood.

Not in force

A licence suspension imposed on a person who is subject to the prohibition set out in section 202.2.1 has effect only with respect to the vehicles to which the prohibition applies, provided that the person does not also contravene subparagraph 2 of the first paragraph.

If the person is not the holder of a licence or is the holder of a licence issued by another administrative authority, the peace officer shall immediately suspend on behalf of the Société, for a period of 30 days, the person’s right to obtain a learner’s licence, a probationary licence, a driver’s licence or, in the cases referred to in the second paragraph, a licence to drive any of the vehicles concerned.

In the case of a person who, during the ten years preceding the suspension, would have incurred a suspension under this section or a suspension or cancellation under section 180, the duration of the suspension is increased to 90 days. However, a suspension under this section that is related to an offence referred to in section 180 or related to an offence under section 202.2 or 202.2.1 for which a person has not been convicted shall not be taken into account for the purposes of this paragraph.

1996, c. 56, s. 61; 2001, c. 29, s. 13; 2002, c. 29, s. 20; 2004, c. 2, s. 18.

The reference to section 202.2.1 in subparagraph 1 of the first paragraph is not in force. Order in Council 946-2002 dated 21 August 2002, (2002) 134 G.O. 2, 4503.

Section 202.2.1, enacted by section 18 of chapter 29 of the statutes of 2002, will come into force on the date to be set by the Government (2002, c. 29, s. 81).

2002-10-27

202.4. A peace officer shall immediately suspend on behalf of the Société, for a period of 30 days, the licence of

(1)   a person subject to the prohibition set out in section 202.2 or 202.2.1 who is driving or has the care or control of a road vehicle if a screening test under section 202.3 reveals the presence of alcohol in the person’s body;

(2)  a person driving or having the care or control of a road vehicle, if a sample taken by means of an approved instrument in accordance with the provisions of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) reveals a concentration of alcohol in the person’s blood that exceeds 80 milligrammes of alcohol in 100 millilitres of blood.

Not in force

A licence suspension imposed on a person who is subject to the prohibition set out in section 202.2.1 has effect only with respect to the vehicles to which the prohibition applies, provided that the person does not also contravene subparagraph 2 of the first paragraph.

If the person is not the holder of a licence or is the holder of a licence issued by another administrative authority, the peace officer shall immediately suspend on behalf of the Société, for a period of 30 days, the person’s right to obtain a learner’s licence, a probationary licence, a driver’s licence or, in the cases referred to in the second paragraph, a licence to drive any of the vehicles concerned.

In the case of a person who, during the ten years preceding the suspension, would have incurred a suspension under this section or a suspension or cancellation under section 180, the duration of the suspension is increased to 90 days. However, a suspension under this section that is related to an offence referred to in section 180 for which a person has not been convicted shall not be taken into account for the purposes of this paragraph.

1996, c. 56, s. 61; 2001, c. 29, s. 13; 2002, c. 29, s. 20.

The reference to section 202.2.1 in subparagraph 1 of the first paragraph is not in force. Order in Council 946-2002 dated 21 August 2002, (2002) 134 G.O. 2, 4503.

1997-12-01

202.4. The peace officer shall immediately suspend, for a period of 15 days, the licence of

(1)  a person subject to the prohibition set out in section 202.2 who is driving or has the care or control of a road vehicle if a sampling carried out under section 202.3 reveals the presence of alcohol in the person’s body;

(2)  a person driving or having the care or control of a road vehicle, if a sampling by an approved instrument carried out in accordance with the provisions of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) reveals a concentration of alcohol in the person’s blood that exceeds 80 milligrammes of alcohol in 100 millilitres of blood.

In the case of a person who, during the five years preceding the suspension, incurred a suspension under this section or a suspension or cancellation under section 180, the period of suspension is doubled.

1996, c. 56, s. 61.