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 120 mg or over: minimum fine of $1,500

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 120 mg or over: minimum fine of $1,500

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