Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Warrant of seizure

• 320.1 (1) If a judge is satisfied by information on oath that there are reasonable grounds to believe that there is material that is hate propaganda within the meaning of subsection 320(8) or computer data within the meaning of subsection 342.1(2) that makes hate propaganda available, that is stored on and made available to the public through a computer system within the meaning of subsection 342.1(2) that is within the jurisdiction of the court, the judge may order the custodian of the computer system to

  • (a) give an electronic copy of the material to the court;

  • (b) ensure that the material is no longer stored on and made available through the computer system; and

  • (c) provide the information necessary to identify and locate the person who posted the material.

• Marginal note:Notice to person who posted the material

  (2) Within a reasonable time after receiving the information referred to in paragraph (1)(c), the judge shall cause notice to be given to the person who posted the material, giving that person the opportunity to appear and be represented before the court and show cause why the material should not be deleted. If the person cannot be identified or located or does not reside in Canada, the judge may order the custodian of the computer system to post the text of the notice at the location where the material was previously stored and made available, until the time set for the appearance.

• Marginal note:Person who posted the material may appear

  (3) The person who posted the material may appear and be represented in the proceedings in order to oppose the making of an order under subsection (5).

• Marginal note:Non-appearance

  (4) If the person who posted the material does not appear for the proceedings, the court may proceed ex parte to hear and determine the proceedings in the absence of the person as fully and effectually as if the person had appeared.

• Marginal note:Order

  (5) If the court is satisfied, on a balance of probabilities, that the material is available to the public and is hate propaganda within the meaning of subsection 320(8) or computer data within the meaning of subsection 342.1(2) that makes hate propaganda available, it may order the custodian of the computer system to delete the material.

• Marginal note:Destruction of copy

  (6) When the court makes the order for the deletion of the material, it may order the destruction of the electronic copy in the court’s possession.

• Marginal note:Return of material

  (7) If the court is not satisfied that the material is available to the public and is hate propaganda within the meaning of subsection 320(8) or computer data within the meaning of subsection 342.1(2) that makes hate propaganda available, the court shall order that the electronic copy be returned to the custodian and terminate the order under paragraph (1)(b).

• Marginal note:Other provisions to apply

  (8) Subsections 320(6) to (8) apply, with any modifications that the circumstances require, to this section.

• Marginal note:When order takes effect

  (9) No order made under subsections (5) to (7) takes effect until the time for final appeal has expired.

Conversion Therapy

Marginal note:Definition of conversion therapy

320.101 In sections 320.102 to 320.104, conversion therapy means a practice, treatment or service designed to

• (a) change a person’s sexual orientation to heterosexual;

• (b) change a person’s gender identity to cisgender;

• (c) change a person’s gender expression so that it conforms to the sex assigned to the person at birth;

• (d) repress or reduce non-heterosexual attraction or sexual behaviour;

• (e) repress a person’s non-cisgender gender identity; or

• (f) repress or reduce a person’s gender expression that does not conform to the sex assigned to the person at birth.

For greater certainty, this definition does not include a practice, treatment or service that relates to the exploration or development of an integrated personal identity — such as a practice, treatment or service that relates to a person’s gender transition — and that is not based on an assumption that a particular sexual orientation, gender identity or gender expression is to be preferred over another.

Marginal note:Conversion therapy

320.102 Everyone who knowingly causes another person to undergo conversion therapy — including by providing conversion therapy to that other person — is

• (a) guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or

• (b) guilty of an offence punishable on summary conviction.

Marginal note:Promoting or advertising

320.103 Everyone who knowingly promotes or advertises conversion therapy is

• (a) guilty of an indictable offence and liable to imprisonment for a term of not more than two years; or

• (b) guilty of an offence punishable on summary conviction.

Marginal note:Material benefit

320.104 Everyone who receives a financial or other material benefit, knowing that it is obtained or derived directly or indirectly from the provision of conversion therapy, is

• (a) guilty of an indictable offence and liable to imprisonment for a term of not more than two years; or

• (b) guilty of an offence punishable on summary conviction.

PART VIII.1Offences Relating to Conveyances

Interpretation

Marginal note:Definitions

320.11 The following definitions apply in this Part.

analyst

analyst means a person who is, or a person who is a member of a class of persons that is, designated by the Attorney General under subparagraph 320.4(b)(ii) or paragraph 320.4(c). (analyste)

approved container

approved container means a container that is designed to receive a sample of a person’s blood for analysis and that is approved by the Attorney General of Canada under paragraph 320.39(d). (contenant approuvé)

approved drug screening equipment

approved drug screening equipment means equipment that is designed to ascertain the presence of a drug in a person’s body and that is approved by the Attorney General of Canada under paragraph 320.39(b). (matériel de détection des drogues approuvé)

approved instrument

approved instrument means an instrument that is designed to receive and make an analysis of a sample of a person’s breath to determine their blood alcohol concentration and that is approved by the Attorney General of Canada under paragraph 320.39(c). (éthylomètre approuvé)

approved screening device

approved screening device means a device that is designed to ascertain the presence of alcohol in a person’s blood and that is approved by the Attorney General of Canada under paragraph 320.39(a). (appareil de détection approuvé)

conveyance

conveyance means a motor vehicle, a vessel, an aircraft or railway equipment. (moyen de transport)

evaluating officer

evaluating officer means a peace officer who has the qualifications prescribed by regulation that are required in order to act as an evaluating officer. (agent évaluateur)

operate

operate means

• (a) in respect of a motor vehicle, to drive it or to have care or control of it;

• (b) in respect of a vessel or aircraft, to navigate it, to assist in its navigation or to have care or control of it; and

• (c) in respect of railway equipment, to participate in the direct control of its motion, or to have care or control of it as a member of the equipment’s crew, as a person who acts in lieu of a member of the equipment’s crew by remote control, or otherwise. (conduire)

qualified medical practitioner

qualified medical practitioner means a person who is qualified under provincial law to practise medicine. (médecin qualifié)

qualified technician

qualified technician means

• (a) in respect of breath samples, a person who is designated by the Attorney General under paragraph 320.4(a); and

• (b) in respect of blood samples, a person who is, or a person who is a member of a class of persons that is, designated by the Attorney General under subparagraph 320.4(b)(i). (technicien qualifié)

vessel

vessel includes a hovercraft. (bateau)

Recognition and Declaration

Marginal note:Recognition and declaration

320.12 It is recognized and declared that

• (a) operating a conveyance is a privilege that is subject to certain limits in the interests of public safety that include licensing, the observance of rules and sobriety;

• (b) the protection of society is well served by deterring persons from operating conveyances dangerously or while their ability to operate them is impaired by alcohol or a drug, because that conduct poses a threat to the life, health and safety of Canadians;

• (c) the analysis of a sample of a person’s breath by means of an approved instrument produces reliable and accurate readings of blood alcohol concentration; and

• (d) an evaluation conducted by an evaluating officer is a reliable method of determining whether a person’s ability to operate a conveyance is impaired by a drug or by a combination of alcohol and a drug.

Offences and Punishment

Marginal note:Dangerous operation

• 320.13 (1) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public.

• Marginal note:Operation causing bodily harm

  (2) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and, as a result, causes bodily harm to another person.

• Marginal note:Operation causing death

  (3) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and, as a result, causes the death of another person.

Marginal note:Operation while impaired

• 320.14 (1) Everyone commits an offence who

  • (a) operates a conveyance while the person’s ability to operate it is impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug;

  • (b) subject to subsection (5), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration that is equal to or exceeds 80 mg of alcohol in 100 mL of blood;

  • (c) subject to subsection (6), has, within two hours after ceasing to operate a conveyance, a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation; or

  • (d) subject to subsection (7), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration and a blood drug concentration that is equal to or exceeds the blood alcohol concentration and the blood drug concentration for the drug that are prescribed by regulation for instances where alcohol and that drug are combined.

• Marginal note:Operation causing bodily harm

  (2) Everyone commits an offence who commits an offence under subsection (1) and who, while operating the conveyance, causes bodily harm to another person.

• Marginal note:Operation causing death

  (3) Everyone commits an offence who commits an offence under subsection (1) and who, while operating the conveyance, causes the death of another person.

• Marginal note:Operation — low blood drug concentration

  (4) Subject to subsection (6), everyone commits an offence who has, within two hours after ceasing to operate a conveyance, a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation and that is less than the concentration prescribed for the purposes of paragraph (1)(c).

• Marginal note:Exception — alcohol

  (5) No person commits an offence under paragraph (1)(b) if

  • (a) they consumed alcohol after ceasing to operate the conveyance;

  • (b) after ceasing to operate the conveyance, they had no reasonable expectation that they would be required to provide a sample of breath or blood; and

  • (c) their alcohol consumption is consistent with their blood alcohol concentration as determined in accordance with subsection 320.31(1) or (2) and with their having had, at the time when they were operating the conveyance, a blood alcohol concentration that was less than 80 mg of alcohol in 100 mL of blood.

• Marginal note:Exception — drugs

  (6) No person commits an offence under paragraph (1)(c) or subsection (4) if

  • (a) they consumed the drug after ceasing to operate the conveyance; and

  • (b) after ceasing to operate the conveyance, they had no reasonable expectation that they would be required to provide a sample of a bodily substance.

• Marginal note:Exception — combination of alcohol and drug

  (7) No person commits an offence under paragraph (1)(d) if

  • (a) they consumed the drug or the alcohol or both after ceasing to operate the conveyance;

  • (b) after ceasing to operate the conveyance, they had no reasonable expectation that they would be required to provide a sample of a bodily substance; and

  • (c) their alcohol consumption is consistent with their blood alcohol concentration as determined in accordance with subsection 320.31(1) or (2) and with their having had, at the time when they were operating the conveyance, a blood alcohol concentration less than the blood alcohol concentration established under paragraph 320.38(c).

Marginal note:Failure or refusal to comply with demand

• 320.15 (1) Everyone commits an offence who, knowing that a demand has been made, fails or refuses to comply, without reasonable excuse, with a demand made under section 320.27 or 320.28.

• Marginal note:Accident resulting in bodily harm

  (2) Everyone commits an offence who commits an offence under subsection (1) and who, at the time of the failure or refusal, knows that, or is reckless as to whether, they were involved in an accident that resulted in bodily harm to another person.

• Marginal note:Accident resulting in death

  (3) Everyone commits an offence who commits an offence under subsection (1) and who, at the time of the failure or refusal, knows that, or is reckless as to whether, they were involved in an accident that resulted in the death of another person or in bodily harm to another person whose death ensues.

• Marginal note:Only one conviction

  (4) A person who is convicted of an offence under this section is not to be convicted of another offence under this section with respect to the same transaction.