Backgrounder for former Bill C-46, An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts, as enacted
Annex 2 – Penalties
The following chart outlines the penalty structure in Part VIII.1 for simpliciter offences.
| Simpliciter Offence | Penalty on Summary Conviction | Penalty on Indictment | Prohibition on Summary Conviction | Prohibition on Indictment |
|---|---|---|---|---|
| Dangerous Operation (subsection 320.13(1)) |
Maximum 2 years less a day | Maximum 10 years imprisonment | Maximum 3 years (plus any term of imprisonment) | Maximum 10 years (plus any term of imprisonment) |
| Operation While Impaired (paragraph 320.14(1)(a)) |
1st Offence: minimum $1,000 fine and maximum 2 years less a day imprisonment. | 1st Offence: minimum $1,000 fine and maximum 10 years imprisonment | 1st Offence: minimum 1 year and maximum 3 years (plus any term of imprisonment) | 1st Offence: minimum 1 year and maximum 3 years (plus any term of imprisonment) |
| 2nd Offence: minimum 30 day imprisonment and maximum 2 years less a day | 2nd Offence: minimum 30 day imprisonment and maximum 10 years imprisonment | 2nd Offence: minimum 2 years and maximum 10 years (plus any term of imprisonment) | 2nd Offence: minimum 2 years and maximum 10 years (plus any term of imprisonment) | |
| 3rd and Subsequent Offence: minimum 120 days imprisonment and maximum 2 years less a day | 3rd and Subsequent Offence: minimum 120 days imprisonment and maximum 10 years imprisonment | 3rd Offence: minimum 3 years (plus any term of imprisonment) | 3rd Offence: minimum 3 years (plus any term of imprisonment) | |
| “80 or Over” Within Two Hours of Driving (paragraph 320.14(1)(b)) |
1st Offence: minimum $1,000 fine and maximum 2 years less a day imprisonment. Higher fines for High BAC: BAC 160 mg or over: minimum fine of $2,000 |
1st Offence: minimum $1,000 fine and maximum 10 years imprisonment Higher fines for High BAC: BAC 160 mg or over: minimum fine of $2,000 |
1st Offence: minimum 1 year and maximum 3 years (plus any term of imprisonment) | 1st Offence: minimum 1 year and maximum 3 years (plus any term of imprisonment) |
| 2nd Offence: minimum 30 day imprisonment and maximum 2 years less a day imprisonment | 2nd Offence: minimum 30 day imprisonment and maximum 10 years imprisonment | 2nd Offence: minimum 2 years and maximum 10 years (plus any term of imprisonment) | 2nd Offence: minimum 2 years and maximum 10 years (plus any term of imprisonment) | |
| 3rd and Subsequent Offence: minimum 120 days imprisonment and maximum 2 years less a day imprisonment | 3rd and Subsequent Offence: minimum 120 days imprisonment and maximum 10 years imprisonment | 3rd Offence: minimum 3 years (plus any term of imprisonment) | 3rd Offence: minimum 3 years (plus any term of imprisonment) | |
| Prohibited BDC Within Two Hours of Driving (hybrid) (paragraph 320.14(1)(c)) |
1st Offence: minimum $1,000 fine and maximum 2 years less a day imprisonment. | 1st Offence: minimum $1,000 fine and maximum 10 years imprisonment | 1st Offence: minimum 1 year and maximum 3 years (plus any term of imprisonment) | 1st Offence: minimum 1 year and maximum 3 years (plus any term of imprisonment) |
| 2nd Offence: minimum 30 day imprisonment and maximum 2 years less a day imprisonment | 2nd Offence: minimum 30 day imprisonment and maximum 10 years imprisonment | 2nd Offence: minimum 2 years and maximum 10 years (plus any term of imprisonment) | 2nd Offence: minimum 2 years and maximum 10 years (plus any term of imprisonment) | |
| 3rd and Subsequent Offence: minimum 120 days imprisonment and maximum 2 years less a day imprisonment | 3rd and Subsequent Offence: minimum 120 days imprisonment and maximum 10 years imprisonment | 3rd Offence: minimum 3 years (plus any term of imprisonment) | 3rd Offence: minimum 3 years (plus any term of imprisonment) | |
| Prohibited BDC and BAC Within Two Hours of Driving (paragraph 320.14(1)(d)) |
1st Offence: minimum $1,000 fine and maximum 2 years less a day imprisonment | 1st Offence: minimum $1,000 fine and maximum 10 years imprisonment | 1st Offence: minimum 1 year and maximum 3 years (plus any term of imprisonment) | 1st Offence: minimum 1 year and maximum 3 years (plus any term of imprisonment) |
| 2nd Offence: minimum 30 day imprisonment and maximum 2 years less a day imprisonment | 2nd Offence: minimum 30 day imprisonment and maximum 10 years imprisonment | 2nd Offence: minimum 2 years and maximum 10 years (plus any term of imprisonment) | 2nd Offence: minimum 2 years and maximum 10 years (plus any term of imprisonment) | |
| 3rd and Subsequent Offence: minimum 120 days imprisonment and maximum 2 years less a day imprisonment | 3rd and Subsequent Offence: minimum 120 days imprisonment and maximum 10 years imprisonment | 3rd Offence: minimum 3 years (plus any term of imprisonment) | 3rd Offence: minimum 3 years (plus any term of imprisonment) | |
| Prohibited BDC Within Two Hours of Driving (straight summary conviction) (subsection 320.14(4)) |
Maximum $1,000 fine | N/A | Discretionary order of not more than one year | N/A |
| Refusing to Comply with a Demand (subsection 320.15(1)) |
1st Offence: minimum fine of $2,000 and maximum 2 years less a day imprisonment | 1st Offence: minimum fine of $2,000 and maximum 10 years imprisonment | 1st Offence: minimum 1 year and maximum 3 years (plus any term of imprisonment) | 1st Offence: minimum 1 year and maximum 3 years (plus any term of imprisonment) |
| 2nd Offence: minimum 30 day imprisonment and maximum 2 years less a day imprisonment | 2nd Offence: minimum 30 day imprisonment and maximum 10 years imprisonment | 2nd Offence: minimum 2 years and maximum 10 years (plus any term of imprisonment) | 2nd Offence: minimum 2 years and maximum 10 years (plus any term of imprisonment) | |
| 3rd Offence: minimum 120 days imprisonment and maximum 2 years less a day imprisonment | 3rd Offence: minimum 120 days imprisonment and maximum 10 years imprisonment | 3rd Offence: minimum 3 years (plus any term of imprisonment) | 3rd Offence: minimum 3 years (plus any term of imprisonment) | |
| Failure to Stop After an Accident (subsection 320.16(1)) |
Maximum 2 years less a day imprisonment | Maximum 10 years imprisonment | Maximum 3 years (plus any term of imprisonment) | Maximum 10 years (plus any term of imprisonment) |
| Flight from Police (section 320.17) |
Maximum 2 years less a day imprisonment | Maximum 10 years imprisonment | Maximum 3 years (plus any term of imprisonment) | Maximum 10 years (plus any term of imprisonment) |
| Operating While Prohibited (section 320.18) |
Maximum 2 years less a day imprisonment | Maximum 10 years imprisonment | Maximum 3 years (plus any term of imprisonment) | Maximum 10 years (plus any term of imprisonment) |
The following chart outlines the penalty structure in Part VIII.1 for offences involving bodily harm.
| Offence Causing Bodily Harm | Penalty on Summary Conviction | Penalty on Indictment | Prohibition on Summary Conviction | Prohibition on Indictment |
|---|---|---|---|---|
| Dangerous Operation (subsection 320.13(2)) |
1st Offence: minimum $1,000 fine and maximum 2 years less a day imprisonment. | 1st Offence: minimum $1,000 fine and maximum 14 years imprisonment. | Maximum 3 years (plus any term of imprisonment) | Maximum 10 years (plus any term of imprisonment) |
| 2nd Offence: minimum 30 day imprisonment and maximum 2 years less a day | 2nd Offence: minimum 30 day imprisonment and maximum 14 years imprisonment | |||
| 3rd and Subsequent Offence: minimum 120 days imprisonment and maximum 2 years less a day | 3rd and Subsequent Offence: minimum 120 days imprisonment and maximum 14 years imprisonment | |||
| Operation While Impaired (subsection 320.14(2)) |
1st Offence: minimum $1,000 fine and maximum 2 years less a day imprisonment. | 1st Offence: minimum $1,000 fine and maximum 14 years imprisonment. | Maximum 3 years (plus any term of imprisonment) | Maximum 10 years (plus any term of imprisonment) |
| 2nd Offence: minimum 30 day imprisonment and maximum 2 years less a day | 2nd Offence: minimum 30 day imprisonment and maximum 14 years imprisonment | |||
| 3rd and Subsequent Offence: minimum 120 days imprisonment and maximum 2 years less a day | 3rd and Subsequent Offence: minimum 120 days imprisonment and maximum 14 years imprisonment | |||
| “at or over 80” Within Two Hours of Driving” (subsection 320.14(2)) |
1st Offence: minimum $1,000 fine and maximum 2 years less a day imprisonment. | 1st Offence: minimum $1,000 fine and maximum 14 years imprisonment. | Maximum 3 years (plus any term of imprisonment) | Maximum 10 years (plus any term of imprisonment) |
| 2nd Offence: minimum 30 day imprisonment and maximum 2 years less a day | 2nd Offence: minimum 30 day imprisonment and maximum 14 years imprisonment | |||
| 3rd and Subsequent Offence: minimum 120 days imprisonment and maximum 2 years less a day | 3rd and Subsequent Offence: minimum 120 days imprisonment and maximum 14 years imprisonment | |||
| Prohibited BDC Within Two Hours of Driving (hybrid) (subsection 320.14(2)) |
1st Offence: minimum $1,000 fine and maximum 2 years less a day imprisonment. | 1st Offence: minimum $1,000 fine and maximum 14 years imprisonment. | Maximum 3 years (plus any term of imprisonment) | Maximum 10 years (plus any term of imprisonment) |
| 2nd Offence: minimum 30 day imprisonment and maximum 2 years less a day | 2nd Offence: minimum 30 day imprisonment and maximum 14 years imprisonment | |||
| 3rd and Subsequent Offence: minimum 120 days imprisonment and maximum 2 years less a day | 3rd and Subsequent Offence: minimum 120 days imprisonment and maximum 14 years imprisonment | |||
| Prohibited BDC and BAC Within Two Hours of Driving (subsection 320.14(2)) |
1st Offence: minimum $1,000 fine and maximum 2 years less a day imprisonment | 1st Offence: minimum $1,000 fine and maximum 14 years imprisonment | Maximum 3 years (plus any term of imprisonment) | Maximum 10 years (plus any term of imprisonment) |
| 2nd Offence: minimum 30 day imprisonment and maximum 2 years less a day | 2nd Offence: minimum 30 day imprisonment and maximum 14 years imprisonment | |||
| 3rd and Subsequent Offence: minimum 120 days imprisonment and maximum 2 years less a day | 3rd and Subsequent Offence: minimum 120 days imprisonment and maximum 14 years imprisonment | |||
| Refusing to Comply with a Demand (subsection 320.15(2)) |
1st Offence: minimum $1,000 fine and maximum 2 years less a day imprisonment | 1st Offence: minimum $1,000 fine and maximum 14 years imprisonment | Maximum 3 years (plus any term of imprisonment) | Maximum 10 years (plus any term of imprisonment) |
| 2nd Offence: minimum 30 day imprisonment and maximum 2 years less a day | 2nd Offence: minimum 30 day imprisonment and maximum 14 years imprisonment | |||
| 3rd and Subsequent Offence: minimum 120 days imprisonment and maximum 2 years less a day | 3rd and Subsequent Offence: minimum 120 days imprisonment and maximum 14 years imprisonment | |||
| Failure to Stop After an Accident (subsection 320.16(2)) |
1st Offence: minimum $1,000 fine and maximum 2 years less a day imprisonment. | 1st Offence: minimum $1,000 fine and maximum 14 years imprisonment. | Maximum 3 years (plus any term of imprisonment) | Maximum 10 years (plus any term of imprisonment) |
| 2nd Offence: minimum 30 day imprisonment and maximum 2 years less a day | 2nd Offence: minimum 30 day imprisonment and maximum 14 years imprisonment | |||
| 3rd and Subsequent Offence: minimum 120 days imprisonment and maximum 2 years less a day | 3rd and Subsequent Offence: minimum 120 days imprisonment and maximum 14 years imprisonment |
The following chart outlines the penalty structure in Part VIII.1 for offences involving death.
| Offence Causing Death | Penalty | Prohibition |
|---|---|---|
| Dangerous Operation (subsection 320.13(3)) |
1st Offence: minimum $1,000 fine and maximum life imprisonment | Any duration that court considers appropriate (plus any term of imprisonment) |
| 2nd Offence: minimum 30 day imprisonment and maximum life imprisonment | ||
| 3rd and Subsequent Offence: minimum 120 days imprisonment and maximum life imprisonment | ||
| Operation While Impaired (subsection 320.14(3)) |
1st Offence: minimum $1,000 fine and maximum life imprisonment | Any duration that court considers appropriate (plus any term of imprisonment) |
| 2nd Offence: minimum 30 day imprisonment and maximum life imprisonment | ||
| 3rd and Subsequent Offence: minimum 120 days imprisonment and maximum life imprisonment | ||
| “at or over 80” Within Two Hours of Driving (subsection 320.14(3)) |
1st Offence: minimum $1,000 fine and maximum life imprisonment | Any duration that court considers appropriate (plus any term of imprisonment) |
| 2nd Offence: minimum 30 day imprisonment and maximum life imprisonment | ||
| 3rd and Subsequent Offence: minimum 120 days imprisonment and maximum life imprisonment | ||
| Prohibited BDC Within Two Hours of Driving (subsection 320.14(3)) |
1st Offence: minimum $1,000 fine and maximum life imprisonment | Any duration that court considers appropriate (plus any term of imprisonment) |
| 2nd Offence: minimum 30 day imprisonment and maximum life imprisonment | ||
| 3rd and Subsequent Offence: minimum 120 days imprisonment and maximum life imprisonment | ||
| Prohibited BDC and BAC Within Two Hours of Driving (subsection 320.14(3)) |
1st Offence: minimum $1,000 fine and maximum life imprisonment | Any duration that court considers appropriate (plus any term of imprisonment) |
| 2nd Offence: minimum 30 day imprisonment and maximum life imprisonment | ||
| 3rd and Subsequent Offence: minimum 120 days imprisonment and maximum life imprisonment | ||
| Refusing to Comply with a Demand (subsection 320.15(3)) |
1st Offence: minimum $1,000 fine and maximum life imprisonment | Any duration that court considers appropriate (plus any term of imprisonment) |
| 2nd Offence: minimum 30 day imprisonment and maximum life imprisonment | ||
| 3rd and Subsequent Offence: minimum 120 days imprisonment and maximum life imprisonment | ||
| Failure to Stop After an Accident (subsection 320.16(3)) |
1st Offence: minimum $1,000 fine and maximum life imprisonment | Any duration that court considers appropriate (plus any term of imprisonment) |
| 2nd Offence: minimum 30 day imprisonment and maximum life imprisonment | ||
| 3rd and Subsequent Offence: minimum 120 days imprisonment and maximum life imprisonment |
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