C-24.2 - Highway Safety Code

Section 209.2.1 Disposition versions

2018-12-18

209.2.1. On behalf of the Société, a peace officer shall immediately seize and impound a road vehicle for 30 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 160 mg of alcohol in 100 ml of blood and, during the 10 years before the seizure, the person’s licence was not 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; or

(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 not cancelled for any of the offences referred to in subparagraph 1;

(3)  (subparagraph replaced).

The peace officer retains the road vehicle from the time the person is ordered to accompany the peace officer for the analysis of a sample of the person’s breath to be made by means of an approved instrument until the time the analysis is completed.

This section applies on public highways, on highways under the administration of or maintained by the Ministère des Ressources naturelles et de la Faune, on private roads open to public vehicular traffic and on land occupied by shopping centres or other land where public traffic is allowed.

2007, c. 40, s. 40; 2010, c. 34, s. 35; 2018, c. 19, s. 55.

2012-06-30

209.2.1. On behalf of the Société, a peace officer shall immediately seize and impound a road vehicle for 30 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 160 mg of alcohol in 100 ml of blood and if the person’s licence was not 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 not 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;

(3)  (subparagraph replaced).

The peace officer retains the road vehicle from the time the person is ordered to accompany the peace officer in order to undergo the breath analysis test until the time the test is completed.

This section applies on public highways, on highways under the administration of or maintained by the Ministère des Ressources naturelles et de la Faune, on private roads open to public vehicular traffic and on land occupied by shopping centres or other land where public traffic is allowed.

2007, c. 40, s. 40; 2010, c. 34, s. 35.

2012-04-15

209.2.1. On behalf of the Société, a peace officer shall immediately seize and impound a road vehicle for 30 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 or the person’s right to obtain a licence was suspended under subparagraph 2 of the first paragraph of section 180 during the 10 years before the seizure;

(2)  has a blood alcohol concentration level that is shown, by a breath text carried out by means of an approved instrument in accordance with the Criminal Code, to be in excess of 160 mg of alcohol in 100 ml of blood; or

(3)  fails to comply with the peace officer’s demand under section 254 of the Criminal Code without a reasonable excuse.

The peace officer retains the road vehicle from the time the person is ordered to accompany the peace officer in order to undergo the breath analysis test until the time the test is completed.

This section applies on public highways, on highways under the administration of or maintained by the Ministère des Ressources naturelles et de la Faune, on private roads open to public vehicular traffic and on land occupied by shopping centres or other land where public traffic is allowed.

2007, c. 40, s. 40; 2010, c. 34, s. 35.

2009-12-06

209.2.1. On behalf of the Société, a peace officer shall immediately seize and impound a road vehicle for 30 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 or the person’s right to obtain a licence was suspended under subparagraph 2 of the first paragraph of section 180 during the 10 years before the seizure;

(2)  has a blood alcohol concentration level that is shown, by a breath text carried out by means of an approved instrument in accordance with the Criminal Code, to be in excess of 160 mg of alcohol in 100 ml of blood; or

(3)  fails to comply with the peace officer’s demand under section 254 of the Criminal Code without a reasonable excuse.

The peace officer retains the road vehicle from the time the person is ordered to accompany the peace officer in order to undergo the breath analysis test until the time the test is completed.

2007, c. 40, s. 40.

2008-12-07

209.2.1. On behalf of the Société, a peace officer shall immediately seize and impound a road vehicle for 30 days at the owner’s expense if the person driving or having the care or control of the vehicle

Not in force

(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 or the person’s right to obtain a licence was suspended under subparagraph 2 of the first paragraph of section 180 during the 10 years before the seizure;

(2)  has a blood alcohol concentration level that is shown, by a breath text carried out by means of an approved instrument in accordance with the Criminal Code, to be in excess of 160 mg of alcohol in 100 ml of blood; or

(3)  fails to comply with the peace officer’s demand under section 254 of the Criminal Code without a reasonable excuse.

The peace officer retains the road vehicle from the time the person is ordered to accompany the peace officer in order to undergo the breath analysis test until the time the test is completed.

2007, c. 40, s. 40.