659 December 3, 2018 PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL

Transcription

1 PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL page l of6 Rl Other: OIC 1004/58 Act and section: Motor Vehicle Amendment Act, 2018, S.B.C. 2018, c. 18, s. 29; Motor Vehicle Act, R.S.B.C. 1996, c. 318, s. 210 Authority under which Order is made: (1h/:, pan is for admjnlsrra1ive purpr,s,,s (mly and Is n.ot part of the Ordu,) Minister of Public Safety and Solicitor General Presiding Me (b) the Motor Vehicle Act Regulations, B.C. Reg. 26/58, are amended as set out in the attached Appendix. (a) the following provisions of the Motor Vehicle Amendment Act, 2018, S.B.C. 2018, c. 18, are brought into force: (i) sections 1 and 15; (ii) section 16 (a) as it enacts section 210 (2) (a.11) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318; (iii) sections 19 and 25 to 28, and Executive Council Chambers, Victoria On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, ordei:s that, effective December 18, 2018, Order in Council No., Approved and Ordered 659 December 3, 2018

2 APPENDIX I Sections I.OJ and 1.02 of the Motor Vehicle Act Regulations, B.C. Reg. 26/58, are repealed and the following substituted: Prescribed Criminal Code offences 1.02 (1) Subject to subsection (2), for the purposes of paragraph (a) of the definition of "motor vehicle related Criminal Code offence" in section 1 of the Act, the following Criminal Code offences are prescribed: (a) an offence committed before December 4, 1985 under any of the following provisions of the Criminal Code as it then was: (i) section 203 { causing death by criminal negligence]; (ii) section 204 [causing bodily harm by criminal negligence]; (iii) section 219 [manslaughter]; (iv) section 233 [criminal negligence in operation of motor vehicle]; (v) section 234 [ driving while ability to drive is impaired by alcohol or a drug]; (vi) section 235 [failure or refusal to provide sample of breath}; (vii) section 236 [driving with more than 80 milligrams of alcohol in blood]; (b) an offence committed on or after December 4, I 985 and before December 12, 1988 under any of the following provisions of the Criminal Code as it then was: (i) section 203 [causing death by criminal negligence]; (ii) section 204 [ causing bodily harm by criminal negligence J; (iii) section 219 [manslaughter]; (iv) section 233 [dangerous operation of motor vehicle}; (v) section 236 [failure to stop at scene of accident}; ( vi) section 237 { operation of motor vehicle while impaired or with more than 80 milligrams of alcohol in blood]; (vii) section 238 ffailure or refusal to provide sample of breath or blood]; (viii) section 239 [impaired driving causing bodily harm or death]; (ix) section 242 (4) [operation of motor vehicle while disqualified}; (c) an offence committed on or after December 12, 1988 and before July 2, 2008 under any of the following provisions of the Criminal Code as it then was: (i) section 253 (a) [operation of motor vehicle while ability impaired by alcohol or a drug}; (ii) section 253 (b) [operation of motor vehicle with more than 80 milligrams of alcohol in blood}; ( d) an offence committed on or after December 12, 1988 and before December 18, 2018 under any of the following provisions of the Criminal Code as it then was: page 2 of6

3 (i) section 220 [causing death by criminal negligence}; (ii) section 221 [causing bodily harm by criminal negligence}; (iii) section 236 [manslaughter]; (iv) section 249 (l) (a) [dangerous operation of motor vehicle]; (v) section 249 (3) [dangerous operation causing bodily harm]; (vi) section 249 (4) [dangerous operation causing death}; (vii) section 252 (1) [failure to stop at scene of accident}; (viii) section 254 (5) [failure or refusal to comply with demand}; (ix) section 255 (2) [impaired driving causing bodily harm]; (x) section 255 (3) [impaired driving causing death]; (xi) section 259 (4) [operation of motor vehicle while disqualified]; (e) an offence committed on or after April 1, 2005 and before December 18, 2018 under section {flight from peace officer] of the Criminal Code as it then was; (f) an offence committed on or after July 2, 2008 and before December 18, 2018 under any of the following provisions of the Criminal Code as it then was: (i) section 253 (1) (a) [operation of motor vehicle while ability impaired by alcohol or a drug]; (ii) section 253 ( 1) (b) [ operation of motor vehicle with more than 80 milligrams of alcohol in blood]; (g) an offence committed on or after June 21, 20 l 8 and before December I 8, 2018 under any of the following provisions of the Criminal Code as it then was: (i) section 253 (3) (a) [operation of motor vehicle and having blood drug concentration equal to or exceeding prescribed value}; (ii) section 253 (3) (b) [operation of motor vehicle and having blood drug concentration in prescribed range]; (iii) section 253 (3) (c) [operation of motor vehicle and having blood alcohol concentration and blood drug concentration equal to or exceeding prescribed value]; (h) an offence committed before December 18, 2018 under any of the following provisions of the Criminal Code as it then was: (i) section [causing death by criminal negligence (street racing)}; (ii) section [causing bodily harm by criminal negligence (street racing)]; (iii) section [dangerous operation of motor vehicle while street racing]; (iv) section 255 (2.1) [causing accident resulting in bodily harm while driving with more than 80 milligrams of alcohol in blood/; (v) section 255 (2.2) / causing accident resulting in bodily harm and failure or refusal to comply with demand]; page 3 of 6

4 (vi) section 255 (3.1) [causing accident resulting in death while driving with more than 80 milligrams of alcohol in blood]; (vii) section 255 (3.2) [causing accident resulting in death and failure or refusal to comply with demand]; (i) an offence committed on or after December 18, 2018 under any of the following provisions of the Criminal Code: (i) section 320. l 3 (1) [ dangerous operation]; (ii) section (2) [ dangerous operation causing bodily harm]; (iii) section (3) [ dangerous operation causing death}; (iv) section (1) (a) [ operation of motor vehicle while impaired by alcohol or a drug]; (v) section (1) (b) [operation of motor vehicle and having blood alcohol concentration equal to or exceeding 80 milligrams of alcohol in blood); (vi) section (1) (c) [operation of motor vehicle and having blood drug concentration equal to or exceeding prescribed value]; (vii) section (1) (d) [ operation of motor vehicle and having blood alcohol concentration and blood drug concentration equal to or exceeding prescribed values]; (viii) section (2) / operation of motor vehicle while impaired by alcohol or a drug and causing bodily harm]; (ix) section (3) [operation of motor vehicle while impaired by alcohol or a drug and causing death]; (x) section (4) [operation of motor vehicle and having blood drug concentration in prescribed range]; (xi) section (1) [failure or refusal to comply with demand]; (xii) section (2) [ causing accident resulting in bodily harm and failure or refusal to comply with demand}; (xiii) section 320. I 5 (3) [ causing accident resulting in death and failure or refusal to comply with demand]; (xiv) section (1) [failure to stop after accident}; (xv) section 320.J 6 (2) [failure to stop after accident resulting in bodily harm]; (xvi) section (3) [failure to stop after accident resulting in death); (xvii) section [flightfrompeace officer/; (xviii) section (l) [ operation while prohibited]. (2) Subsection (1) (d) (xi) and (i) (xviii) does not apply for the purposes of paragraph (a) of the definition of "motor vehicle related Criminal Code offence" in section 1 of the Act as that definition applies to section 232 of the Act. page 4 of 6

5 2 Table 3 of the Schedule to Division 28 is amended by adding the following item as indicated: 2 Criminal Code Section (4) Description of Offence Operation of motor vehicle and having blood drug concentration in prescribed range 3 Table 4 of the Schedule to Division 28 is amended by adding the following items as indicated: Criminal Code Section (1) Section (2) Section (3) Section (1) (a) Section (1) (b) Section (1) (c) Section (1) (d) Section (2) Section 320. J 4 (3) Section (1) Section (2) Section (3) Section (1) Section (2) Section (3) Section Section (1) Description of Offence Dangerous operation Dangerous operation causing bodily harm Dangerous operation causing death Operation of motor vehicle while impaired by alcohol or a drug Operation of motor vehicle and having blood alcohol concentration equal to or exceeding 80 milligrams of alcohol in blood Operation of motor vehicle and having blood drug concentration equal to or exceeding prescribed value Operation of motor vehicle and having blood alcohol concentration and blood drug concentration equal to or exceeding prescribed values Operation of motor vehicle while impaired by alcohol or a drug and causing bodily harm Operation of motor vehicle while impaired by alcohol or a drug and causing death Failure or refusal to comply with demand Causing accident resulting in bodily harm and failure or refusal to comply with demand Causing accident resulting in death and failure or refusal to comply with demand Failure to stop after accident Failure to stop after accident resulting in bodily harm Failure to stop after accident resulting in death Plight from peace officer Operation while prohibited 4 The table in section is amended by adding the following items as indicated: page 5 of 6

6 Item Column 1 Column 2 Column 3 Event Remedial Ignition Program Interlock Points Program Points 17 Person has been convicted of an offence under 6 0 section (1) (a) of the Criminal Code in respect of a motor vehicle [ operation of motor vehicle while impaired by alcohol or a drug] 18 Person has been convicted of an offence under 6 6 section (1) (b) of the Criminal Code in respect of a motor vehicle [ operation of motor vehicle and having blood alcohol concentration equal to or exceeding 80 milligrams of alcohol in blood] 19 Person has been convicted of an offence under 6 0 section (1) (c) of the Criminal Code in respect of a motor vehicle [operation of motor vehicle and having blood drug concentration equal to or exceeding prescribed value J 20 Person has been convicted of an offence under 6 6 section (1) (d) of the Criminal Code in respect of a motor vehicle [ operation of motor vehicle and having blood alcohol concentration and blood drug concentration equal to or exceeding prescribed values] 21 Person has been convicted of an offence under 6 6 section (2) of the Criminal Code in respect of a motor vehicle [operation of motor vehicle while impaired by alcohol or a drug and causing bodily harm] 22 Person has been convicted of an offence under 6 6 section (3) of the Criminal Code in respect of a motor vehicle [ operation of motor vehicle while impaired by alcohol or a drug and causing death] 23 Person has been convicted of an offence under 3 0 section (4) of the Criminal Code in respect of a motor vehicle { operation of motor vehicle and having blood drug concentration in prescribed range] 24 Person has been convicted of an offence under 6 6 section (1) of the Criminal Code in respect of a motor vehicle [failure or refusal to comply with demand] 25 Person has been convicted of an offence under 6 6 section (2) of the Criminal Code in respect of a motor vehicle [ causing accident resulting in bodily harm and failure or refusal to comply with demand] page 6 of 6