C-24.2 - Highway Safety Code

Section 209.2.1.1 Disposition versions

2018-12-18

209.2.1.1. On behalf of the Société, a peace officer shall immediately seize and impound a road vehicle for 90 days at the owner’s expense if the person driving or having the care or control of the vehicle

(1)  has a blood alcohol concentration level that 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 (R.S.C. 1985, c. C-46), to be equal to or in excess of 80 mg of alcohol in 100 ml of blood and, during the 10 years before the seizure, the person’s licence was cancelled for an alcohol- or drug-related offence, for having a high blood alcohol concentration level, for failing or refusing to comply with a peace officer’s demand in connection with alcohol or drugs, for fleeing from a peace officer or for failing to stop after an accident;

(2)  fails or refuses, without a reasonable excuse, to comply with a peace officer’s demand under section 320.27 or 320.28 of the Criminal Code and, during the 10 years before the seizure, the person’s licence was cancelled for any of the offences referred to in subparagraph 1; or

(3)  is impaired by cannabis or any other drug or by a combination of cannabis or any other drug and alcohol according to the evaluation conducted by an evaluating officer in accordance with paragraph a of subsection 2 of section 320.28 of the Criminal Code and, during the 10 years before the seizure, the person’s licence was cancelled for any of the offences referred to in subparagraph 1.

The second and third paragraphs of section 209.2.1 apply to a seizure under this section.

2010, c. 34, s. 36; 2018, c. 19, s. 56.

2012-06-30

209.2.1.1. On behalf of the Société, a peace officer shall immediately seize and impound a road vehicle for 90 days at the owner’s expense if the person driving or having the care or control of the vehicle

(1)  has a blood alcohol concentration level that 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 and if the person’s licence was cancelled for an alcohol-related offence, for a high blood alcohol concentration level, for refusal to give a breath sample or for failure to stop at the scene of an accident during the 10 years before the seizure; or

(2)  fails to comply with the peace officer’s demand under section 254 of the Criminal Code without a reasonable excuse and if the person’s licence was cancelled for an alcohol-related offence, for a high blood alcohol concentration level, for refusal to give a breath sample or for failure to stop at the scene of an accident during the 10 years before the seizure.

The second and third paragraphs of section 209.2.1 apply to a seizure under this section.

2010, c. 34, s. 36.