Bill 17 – 2018: Motor Vehicle Amendment Act, 2018

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

SECTION 1: [Motor Vehicle Act, section 1] repeals and replaces the definition of "motor vehicle related Criminal Code offence" to refer to prescribed Criminal Code offences.

1 Section 1 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended by repealing the definition of "motor vehicle related Criminal Code offence" and substituting the following:

(b) arose out of or was related to the operation, care or control of a motor vehicle or was committed by means of a motor vehicle; .

SECTION 2: [Motor Vehicle Act, section 25]

authorizes the Lieutenant Governor in Council, by regulation under the section, to impose a condition on a class of drivers' licences that the holder of the driver's licence must not operate a motor vehicle while having a prescribed drug in his or her body;
makes amendments consequential to the other amendments made to the section by this Bill.

(10.101) Without limiting subsection (10) or (10.1), the Lieutenant Governor in Council may, by regulation, impose a condition on a class of driver's licence, or on the drivers' licences of persons who hold a licence to drive a motor vehicle of a specified category, that the holder of the licence must not operate a motor vehicle, or category of motor vehicle, while having a prescribed drug in his or her body. ,

(b) in subsection (10.11) by striking out "(10) or (10.1)" and substituting "(10), (10.1) or (10.101)", and

SECTION 3: [Motor Vehicle Act, section 90.3]

adds a definition of "approved drug screening equipment" for the purposes of the section;
amends the definition of "driver" consequential to the amendments made to section 25 of the Act by this Bill;
amends the section to authorize a peace officer to serve a notice of licence suspension under the section if

the peace officer has reasonable grounds to believe the driver has a prescribed drug in his or her body as a result of an analysis of a sample of a driver's bodily substance by approved drug screening equipment, or
the peace officer has reasonable grounds to believe that a driver failed or refused, without a reasonable excuse, to comply with a demand to provide a sample of a bodily substance for analysis by means of approved drug screening equipment;

makes amendments consequential to the other amendments made to the section by this Bill;
authorizes the Lieutenant Governor in Council to make regulations prescribing approved drug screening equipment for the purposes of the section.

"approved drug screening equipment" means equipment prescribed for the purposes of this section; ,

(b) in subsection (1) in the definition of "driver" by striking out "section 25 (10.1)" and substituting "section 25 (10.1) or (10.101)",

(a) a peace officer makes a demand under the Criminal Code, to a driver who holds a driver's licence on which a condition is imposed under section 25 (10.1), to provide a sample of breath for analysis by means of an approved screening device, and

(b) the peace officer has reasonable grounds to believe, as a result of the analysis, that the driver has alcohol in his or her body,

(d) if the driver is in possession of a driver's licence, request the driver to surrender that licence.

(a) a peace officer makes a demand under the Criminal Code, to a driver who holds a driver's licence on which a condition is imposed under section 25 (10.101), to provide a sample of a bodily substance for analysis by means of approved drug screening equipment, and

(b) the peace officer has reasonable grounds to believe, as a result of the analysis, that the driver has a prescribed drug in his or her body,

(d) if the driver is in possession of a driver's licence, request the driver to surrender that licence.

(3) If a peace officer has reasonable grounds to believe that a driver failed or refused, without a reasonable excuse, to comply with a demand made under the Criminal Code to provide a sample of breath or a bodily substance for analysis by means of an approved screening device or approved drug screening equipment, as applicable, the peace officer, or another peace officer, may take those actions described in subsection (2) (c) and (d) or (2.1) (c) and (d). ,

(d) in subsection (4) by striking out "subsection (3) (d)" and substituting "subsection (2) (d) or (2.1) (d)",

(e) in subsections (5) and (8) by striking out "subsection (3) (c)" and substituting "subsection (2) (c) or (2.1) (c)",

(f) in subsection (7) by striking out "subsection (3)" and substituting "subsection (2)", and

(b) prescribing approved drug screening equipment for the purposes of this section.

SECTION 4: [Motor Vehicle Act, section 90.4]

is consequential to the amendments made to section 25 of the Act by this Bill;
removes references to a repealed section of the Act.

(a) in subsection (1) by striking out "section 25 (10.1)" and substituting "section 25 (10.1) or (10.101)" and by striking out "90.1 or", and

(b) in subsection (2) by striking out "or a certificate of the superintendent if the offence pertains to a suspension under section 90.1,".

SECTION 5: [Motor Vehicle Act, section 94.1]

adds definitions of "evaluating officer" and "operate" for the purposes of the section and section 94.6 of the Act;
adds new grounds for serving a notice of driving prohibition under the section relating to a person

having a blood drug concentration equal to or exceeding a prescribed blood drug concentration,
having a blood alcohol concentration and a blood drug concentration equal to or exceeding the prescribed blood alcohol and blood drug concentrations, or
operating a motor vehicle while the person's ability to operate the motor vehicle was impaired by a drug or by a combination of alcohol and a drug;

makes amendments consequential to the definition of "operate" added to the section by this Bill and to other amendments made to the Act by this Bill;
makes amendments consequential to the repeal and replacement of section 94.2 of the Act by this Bill.

"evaluating officer" has the same meaning as in section 254 (1) of the Criminal Code;

"operate", in relation to a motor vehicle, means to drive the motor vehicle or to have care or control of the motor vehicle. ,

(b) in subsection (1) by striking out "and probable grounds to believe" and substituting "grounds to believe,",

(c) in subsection (1) (a) by striking out "or had care or control of a motor vehicle" and by striking out "or having care or control of",

(d) in subsection (1) by striking out "or" at the end of paragraph (a) and by adding the following paragraphs:

(a.1) by reason of an analysis of the blood of a person, that the person had, within 2 hours after ceasing to operate a motor vehicle, a blood drug concentration equal to or exceeding the blood drug concentration for the drug that is prescribed for the purposes of this paragraph,

(a.2) by reason of an analysis of the breath or blood, or both, of a person, that the person had, within 2 hours after ceasing to operate a motor vehicle, a blood alcohol concentration and a blood drug concentration equal to or exceeding the blood alcohol concentration and the blood drug concentration for the drug that are prescribed for instances where alcohol and that drug are combined,

(i) an evaluation of a person conducted by an evaluating officer under section 254 (3.1) of the Criminal Code,

(ii) an analysis of a bodily substance of the person under section 254 (3.4) of the Criminal Code, and

that the person operated the motor vehicle while the person's ability to operate the motor vehicle was impaired by a drug or by a combination of alcohol and a drug, or ,

(e) in subsection (1) (b) by striking out "on the person to supply a sample of his or her breath or blood" and by striking out "or care or control", and

(c) a statement that the person on whom the notice of driving prohibition is served is prohibited from driving a motor vehicle for a period of 90 days from the date the driving prohibition takes effect.

SECTION 6: [Motor Vehicle Act, section 94.1]

updates references to the Criminal Code;
revises the grounds for serving a notice of driving prohibition under the section for consistency with the Criminal Code.

(a) in subsection (0.1) in the definition of "evaluating officer" by striking out "section 254 (1)" and substituting "section 320.11",

(a) by reason of an analysis of the breath or blood of a person, that the person had, within 2 hours after ceasing to operate a motor vehicle, a blood alcohol concentration equal to or exceeding 80 milligrams of alcohol in 100 millilitres of blood, ,

(c) in subsection (1) (a.3) by striking out "section 254 (3.1)" and substituting "section 320.28 (2) (a)", by striking out "section 254 (3.4)" and substituting "section 320.28 (4)" and by adding "to any degree" after "impaired", and

(d) in subsection (1) (b) by striking out "section 254" and substituting "section 320.27 or 320.28".

SECTION 7: [Motor Vehicle Act, section 94.2] provides for the commencement of driving prohibitions resulting from different circumstances.

Effect of notice of driving prohibition

94.2 (1) If a person is served with a notice of driving prohibition under section 94.1, the person is prohibited from driving a motor vehicle for a period of 90 days.

(2) In the case of a driving prohibition resulting from the circumstances described in section 94.1 (1) (a) by reason of an analysis of the breath of a person or the circumstances described in section 94.1 (1) (b), the driving prohibition

(a) takes effect immediately on service of the notice of driving prohibition, and

(b) unless revoked under this Act, continues in effect until the end of the last day of the driving prohibition as calculated in accordance with subsection (4).

(3) In the case of a driving prohibition resulting from the circumstances described in section 94.1 (1) (a) by reason of an analysis of the blood of a person or the circumstances described in section 94.1 (1) (a.1), (a.2) or (a.3),

(a) if the person is served with the notice of driving prohibition under section 94.1 (1) (c),

(i) subject to subsection (6), the notice acts as a temporary driver's licence that expires 7 days after the date it is served, and

(ii) the driving prohibition takes effect on the expiration of the temporary driver's licence referred to in subparagraph (i), or

(b) if the person is served with the notice of driving prohibition under section 94.1 (1) (d), the driving prohibition takes effect 7 days after the date the notice is served.

(4) Despite subsection (2) (a), the last day of a driving prohibition referred to in subsection (2) must be calculated so that the 90-day period of the driving prohibition is in addition to the day on which the notice of driving prohibition under section 94.1 is served.

(5) A driving prohibition referred to in subsection (2) or (3) takes effect in accordance with those subsections, as applicable, despite the fact that the person is or may be subject to another driving prohibition at the time the driving prohibition takes effect.

(6) If a person is subject to another driving prohibition at the time the person is served with a notice of driving prohibition under section 94.1, the temporary driver's licence referred to in subsection (3) (a) (i) of this section is valid only on expiry of the other driving prohibition.

as the licence or permit taken by the peace officer or sent to the Insurance Corporation of British Columbia under section 94.1.

SECTION 8: [Motor Vehicle Act, section 94.3] requires a peace officer who serves a notice of driving prohibition, or another peace officer, to promptly forward to the superintendent specified documents and information.

Duties of peace officer

94.3 If a peace officer serves a notice of driving prohibition on a person under section 94.1,

(i) the person's licence or permit to operate a motor vehicle, if the peace officer took the licence or permit into possession,

(iii) a certificate of service, in the form established by the superintendent, showing that the notice of driving prohibition was personally served on the person subject to the driving prohibition, and

(b) the peace officer, or another peace officer, must promptly forward to the superintendent

(i) a report, in the form established by the superintendent, sworn or solemnly affirmed by the peace officer whose opinion resulted in the notice of driving prohibition being served on the person,

(ii) a copy of any certificate of analysis under section 258 of the Criminal Code with respect to the person, and

SECTION 9: [Motor Vehicle Act, section 94.3] updates a reference to the Criminal Code.

9 Section 94.3 (b) (ii) is amended by striking out "section 258" and substituting "Part VIII.1".

SECTION 10: [Motor Vehicle Act, section 94.4] is consequential to the repeal and replacement of section 94.3 of the Act by this Bill.

10 Section 94.4 (7) (b) is amended by striking out "section 94.3 (d)" and substituting "section 94.3 (b) (i)".

SECTION 11: [Motor Vehicle Act, section 94.5]

is consequential to the repeal and replacement of section 94.3 of the Act by this Bill;
updates a reference to the Criminal Code.

(a) in paragraph (b) by striking out "section 94.3 (d)" and substituting "section 94.3 (b) (i)", and

SECTION 12: [Motor Vehicle Act, section 94.5] updates a reference to the Criminal Code.

12 Section 94.5 (1) (c) is amended by striking out "section 258" and substituting "Part VIII.1".

SECTION 13: [Motor Vehicle Act, section 94.6]

is consequential to amendments made to section 94.1 of the Act by this Bill;
provides for new grounds on which the superintendent, after considering an application for review under section 94.4 of the Act, must confirm or revoke a driving prohibition;
provides the superintendent with discretionary powers if the period for sending a decision to the applicant is extended.

(a) in subsection (1) by striking out everything before paragraph (b) and substituting the following:

(1) Subject to subsection (2), if, after considering an application for review under section 94.4, the superintendent is satisfied that,

(a) in respect of a driving prohibition resulting from the circumstances described in section 94.1 (1) (a), the person operated a motor vehicle having consumed alcohol in such a quantity that the concentration of alcohol in the person's blood exceeded 80 milligrams of alcohol in 100 millilitres of blood at any time within 3 hours after operating the motor vehicle,

(a.1) in respect of a driving prohibition resulting from the circumstances described in section 94.1 (1) (a.1), the person had, within 2 hours after ceasing to operate a motor vehicle, a blood drug concentration equal to or exceeding the blood drug concentration for the drug that is prescribed for the purposes of this paragraph,

(a.2) in respect of a driving prohibition resulting from the circumstances described in section 94.1 (1) (a.2), the person had, within 2 hours after ceasing to operate a motor vehicle, a blood alcohol concentration and a blood drug concentration equal to or exceeding the blood alcohol concentration and the blood drug concentration for the drug that are prescribed for instances where alcohol and that drug are combined,

(a.3) in respect of a driving prohibition resulting from the circumstances described in section 94.1 (1) (a.3),

(ii) the evaluating officer complied with the requirements that are prescribed for the purposes of this subparagraph, and

(iii) the analysis of the person's bodily substance confirmed the presence in the person's body of one or more of the types of drugs identified by the evaluating officer as impairing the person's ability to operate a motor vehicle, or ,

(b) in subsections (1) (b) and (2) (b) (i) by striking out "on the person to supply a sample of his or her breath or blood" and by striking out "or care or control",

(d) in subsection (2) (a) by adding "in respect of a driving prohibition resulting from the circumstances described in section 94.1 (1) (a)," before "the person" and by striking out "or having care or control of" in both places,

(e) in subsection (2) by striking out "or" at the end of paragraph (a) and by adding the following paragraphs:

(a.1) in respect of a driving prohibition resulting from the circumstances described in section 94.1 (1) (a.1),

(i) the person did not have, within 2 hours after ceasing to operate a motor vehicle, a blood drug concentration equal to or exceeding the blood drug concentration for the drug that is prescribed for the purposes of this subparagraph, or

(B) after ceasing to operate the motor vehicle, the person had no reasonable expectation that the person would be required to provide a sample of blood,

(a.2) in respect of a driving prohibition resulting from the circumstances described in section 94.1 (1) (a.2),

(i) the person did not have, within 2 hours after ceasing to operate a motor vehicle, a blood alcohol concentration and a blood drug concentration equal to or exceeding the blood alcohol concentration and the blood drug concentration for the drug that are prescribed for instances where alcohol and that drug are combined, or

(A) the person consumed alcohol or the drug or both after ceasing to operate the motor vehicle;

(B) after ceasing to operate the motor vehicle, the person had no reasonable expectation that the person would be required to provide a sample of breath or blood,

(a.3) in respect of a driving prohibition resulting from the circumstances described in section 94.1 (1) (a.3),

(ii) the evaluating officer did not comply with the requirements that are prescribed for the purposes of this subparagraph,

(iii) the analysis of the person's bodily substance did not confirm the presence in the person's body of one or more of the types of drugs identified by the evaluating officer as impairing the person's ability to operate a motor vehicle,

(A) the person's ability to operate a motor vehicle was not impaired by a drug or by a combination of alcohol and a drug;

(B) the results of the evaluation of the person were due to the person's medical condition, or

(A) the person consumed one or more of the types of drugs identified by the evaluating officer as impairing the person's ability to operate a motor vehicle after ceasing to operate the motor vehicle;

(B) after ceasing to operate the motor vehicle, the person had no reasonable expectation that the person would be required to provide a sample of a bodily substance, or , and

(f) in subsection (5) by striking out "must" and substituting "may" and by striking out "section 94.2 (1) (a) (i)" and substituting "section 94.2 (3) (a) (i)".

SECTION 14: [Motor Vehicle Act, section 94.6]

is consequential to amendments made to section 94.1 of the Act by this Bill;
adds new grounds for the superintendent to revoke a driving prohibition under the section and revises other grounds for consistency with the Criminal Code;
updates a reference to the Criminal Code.

(a) in respect of a driving prohibition resulting from the circumstances described in section 94.1 (1) (a), the person had, within 2 hours after ceasing to operate a motor vehicle, a blood alcohol concentration equal to or exceeding 80 milligrams of alcohol in 100 millilitres of blood, ,

(b) in subsections (1) (b) and (2) (b) (i) by striking out "section 254" and substituting "section 320.27 or 320.28",

(a) in respect of a driving prohibition resulting from the circumstances described in section 94.1 (1) (a),

(i) the person did not have, within 2 hours after ceasing to operate a motor vehicle, a blood alcohol concentration equal to or exceeding 80 milligrams of alcohol in 100 millilitres of blood, or

(B) after ceasing to operate the motor vehicle, the person had no reasonable expectation that the person would be required to provide a sample of breath or blood;

(C) the person's alcohol consumption was consistent with the person's blood alcohol concentration as determined by the analysis of the breath or blood of the person and with the person having had, at the time when the person was operating the motor vehicle, a blood alcohol concentration that was less than 80 milligrams of alcohol in 100 millilitres of blood, ,

(d) in subsection (2) (a.2) (ii) by striking out "both of the following" and substituting "all of the following" and by adding the following clause:

(C) the person's alcohol consumption was consistent with the person's blood alcohol concentration as determined by the analysis of the person's breath or blood and with the person having had, at the time when the person was operating the motor vehicle, a blood alcohol concentration that was less than the blood alcohol concentration that is prescribed for the purposes of this clause, , and

(e) in subsection (2) (a.3) (iv) (A) by adding "to any degree" after "impaired".

SECTION 15: [Motor Vehicle Act, section 100] adds a reference to the Criminal Code.

SECTION 16: [Motor Vehicle Act, section 210] adds regulation-making powers related to the amendments made to the Act by this Bill.

(a.11) prescribing Criminal Code offences for the purposes of the definition of "motor vehicle related Criminal Code offence", including, without limitation,

(i) prescribing offences by reference to the date on or the period within which the offence was committed, and

(ii) prescribing different offences or classes of offences for the purposes of that definition as it applies to different provisions of this Act;

(k.01) prescribing drugs for the purposes of sections 25 (10.101) and 90.3 (2.1) (b); ,

(r) prescribing the blood drug concentration for a drug for the purposes of sections 94.1 (1) (a.1) and 94.6 (1) (a.1) and (2) (a.1) (i);

(s) prescribing a blood alcohol concentration and a blood drug concentration for a drug for the purposes of sections 94.1 (1) (a.2) and 94.6 (1) (a.2) and (2) (a.2) (i);

(t) prescribing documents and information for the purposes of section 94.3 (b) (iii);

(u) for the purposes of section 94.6 (1) (a.3) (ii) and (2) (a.3) (ii), prescribing requirements in relation to an evaluating officer who conducts an evaluation of a person under section 254 (3.1) of the Criminal Code, including, without limitation,

(i) specifying the tests to be conducted and procedures to be followed during the evaluation, and

(ii) requiring the evaluating officer to complete a report, in a form established by the superintendent. , and

(6.01) A regulation under subsection (3.1) (a) may prescribe different forms and content of the notice of driving prohibition in respect of driving prohibitions resulting from different circumstances.

(6.2) A regulation under subsection (3.1) (t) may prescribe different documents and information in respect of driving prohibitions resulting from different circumstances.

SECTION 17: [Motor Vehicle Act, section 210] updates a reference to the Criminal Code.

17 Section 210 (3.1) (u) is amended by striking out "section 254 (3.1)" and substituting "section 320.28 (2) (a)".

SECTION 18: [Motor Vehicle Act, sections 215 and 225] is consequential to the amendments made to the Act by this Bill.

18 Sections 215 (2), (3) and (6.2) (c) and 225 (1) are amended by striking out "and probable".

SECTION 19: [Motor Vehicle Act, section 232] is consequential to the amendments made to the Act by this Bill.

19 Section 232 (1) is amended by repealing the definition of "motor vehicle related Criminal Code offence".

Transitional Provisions

SECTION 20: [Transition – period of driving prohibition under section 94.2] provides that amendments made by this Bill to section 94.2 of the Motor Vehicle Act do not apply to a driving prohibition of which notice is served under section 94.1 of that Act before the date this section comes into force.

Transition – period of driving prohibition under section 94.2

20 Section 94.2 of the Motor Vehicle Act, as that section read immediately before the date this section comes into force, applies in relation to a driving prohibition of which notice under section 94.1 of that Act is served before the date this section comes into force.

SECTION 21: [Transition – duties of police officer] provides that amendments made by this Bill to section 94.3 of the Motor Vehicle Act do not apply to a driving prohibition of which notice is served under section 94.1 of that Act before the date this section comes into force.

Transition – duties of a peace officer

21 Section 94.3 of the Motor Vehicle Act, as that section read immediately before the date this section comes into force, applies in relation to a driving prohibition of which notice under section 94.1 of that Act is served before the date this section comes into force.

SECTION 22: [Transition – consideration on review of driving prohibition under section 94.4] provides that amendments made by section 13 of this Bill to section 94.6 of the Motor Vehicle Act do not apply to a driving prohibition of which notice is served under section 94.1 of that Act before the date this section comes into force.

Transition – consideration on review of driving prohibition under section 94.4

22 Section 94.6 of the Motor Vehicle Act, as that section read immediately before the date section 13 of this Act comes into force, applies in relation to a driving prohibition of which notice under section 94.1 of that Act is served before the date this section comes into force.

SECTION 23: [Transition – consideration on review of driving prohibition under section 94.4] provides that amendments made by section 14 of this Bill to section 94.6 of the Motor Vehicle Act do not apply to a driving prohibition of which notice is served under section 94.1 of that Act before the date this section comes into force.

Transition – consideration on review of driving prohibition under section 94.4

23 Section 94.6 of the Motor Vehicle Act, as that section read immediately before the date section 14 of this Act comes into force, applies in relation to a driving prohibition of which notice under section 94.1 of that Act is served before the date this section comes into force.

Consequential and Related Amendments

SECTION 24: [Motor Vehicle Amendment Act, 2010, section 16] is consequential to the amendments made to the Motor Vehicle Act by this Bill.

24 Section 16 of the Motor Vehicle Amendment Act, 2010, S.B.C. 2010, c. 14, as it enacts section 215 (8.1) (b) of the Motor Vehicle Act, R.S.B.C. 1996, c. 31, is amended by striking out "and probable".

SECTION 25: [Motor Vehicle Amendment Act, 2010, section 22] makes amendments necessary to harmonize the Motor Vehicle Act with the Criminal Code.

25 Section 22, as it enacts section 232 (3.1) of the Motor Vehicle Act, is amended by repealing subsection (3.1) and substituting the following:

(3.1) Despite subsection (3) and subject to subsection (3.2), if a person is prohibited from driving a motor vehicle under section 320.24 (1) of the Criminal Code, the superintendent may approve the person to apply for or obtain a driver's licence after the expiry of,

(a) in the case of a first conviction, a period, if any, that may be fixed by order of the court under section 320.24 (10) (a) of the Criminal Code,

(b) in the case of a first subsequent conviction, a period of 3 months after the date on which the sentence is imposed or any longer period that may be fixed by order of the court under section 320.24 (10) (b) of the Criminal Code, and

(c) in the case of a second subsequent conviction, a period of 6 months after the date on which the sentence is imposed or any longer period that may be fixed by order of the court under section 320.24 (10) (c) of the Criminal Code.

SECTION 26: [Motor Vehicle Amendment Act, 2010, section 22] updates a reference to the Criminal Code.

26 Section 22, as it enacts section 232 (3.2) (b) (ii) (A) of the Motor Vehicle Act, is amended by striking out "section 259 (1)" and substituting "section 320.24 (1) and (2)".

SECTION 27: [Motor Vehicle Amendment Act (No. 2), 2012, section 6] repeals a not-in-force provision consequential to the amendments made to section 90.4 of the Motor Vehicle Act by this Bill.

27 Section 6 of the Motor Vehicle Amendment Act (No. 2), 2012, S.B.C. 2012, c. 34, is repealed.

SECTION 28: [Public Safety and Solicitor General Statutes Amendment Act, 2009, section 2] repeals a not-in-force provision consequential to the repeal and replacement by this Bill of the definition of "motor vehicle related Criminal Code Offence" in section 1 of the Motor Vehicle Act.

28 Section 2 (a) of the Public Safety and Solicitor General Statutes Amendment Act, 2009, S.B.C. 2009, c. 10, is repealed.

Commencement

29 This Act comes into force by regulation of the Lieutenant Governor in Council.

Explanatory Notes