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Bill C-46, An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts
In accordance with its Order of Reference of Wednesday, May 31, 2017, your Committee has considered Bill C-46, An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts, and agreed on Wednesday, October 4, 2017, to report it with the following amendments:

Preamble

That Bill C-46, in the preamble, be amended by replacing line 9 on page 1 with the following:

“impaired or drug-impaired driving and exercise investigative powers in a manner that is consistent with the Canadian Charter of Rights and Freedoms;”

Clause 8

That Bill C-46, in Clause 8, be amended by replacing line 13 on page 9 with the following:

“254(3), (3.1), (3.3) or (3.4) or section 256 or with the consent of”

Clause 15

That Bill C-46, in Clause 15, be amended by replacing lines 5 to 7 on page 14 with the following:

vessel includes a hovercraft. (bateau)”

That Bill C-46, in Clause 15, be amended by replacing line 13 on page 17 with the following:

“veyance has been involved in an accident with a”

That Bill C-46, in Clause 15, be amended by replacing line 3 on page 18 with the following:

“law in respect of a conviction under this Act or a discharge under section 730.”

That Bill C-46, in Clause 15, be amended by

(a) replacing line 29 on page 18 with the following:

“for a first offence, to”

(b) replacing line 6 on page 19 with the following:

“first offence, to a fine”

That Bill C-46, in Clause 15, be amended by replacing lines 16 to 20 on page 19 with the following:

“tion 320.13(2), 320.14(2), 320.15(2) or 320.16(2) is liable on conviction on indictment or on summary conviction

(a) to the following minimum punishment, namely,

(i) for a first offence, a fine of $1,000,

(ii) for a second offence, imprisonment for a term of 30 days, and

(iii) for each subsequent offence, imprisonment for a term of 120 days;

(b) if the offence is prosecuted by indictment, to imprisonment for a term of not more than 14 years; and

(c) if the offence is punishable on summary conviction, to imprisonment for a term of not more than two years less a day.”

That Bill C-46, in Clause 15, be amended by replacing line 24 on page 19 with the following:

“life and to a minimum punishment of,

(a) for a first offence, a fine of $1,000;

(b) for a second offence, imprisonment for a term of 30 days; and

(c) for each subsequent offence, imprisonment for a term of 120 days.”

That Bill C-46, in Clause 15, be amended by adding after line 35 on page 21 the following:

“(5.1) Subject to subsection (9), a prohibition order takes effect on the day that it is made.”

That Bill C-46, in Clause 15, be amended by replacing line 10 on page 23 with the following:

“(a) an offence under any of subsections 320.14(1) to (3) or section”

That Bill C-46, in Clause 15, be amended by replacing line 19 on page 26 with the following:

“not by itself affect the validity of the taking of the sample or of an analysis made of the”

That Bill C-46, in Clause 15, be amended by replacing line 12 on page 29 with the following:

“person ceased to operate the conveyance and the person’s blood alcohol concentration exceeds 20 mg of alcohol in 100 mL of blood, the person’s”

That Bill C-46, in Clause 15, be amended by replacing line 36 on page 29 with the following:

“breath, blood, urine, sweat or other bodily substance that they”

That Bill C-46, in Clause 15, be amended by replacing line 5 on page 33 with the following:

“enforcement of a federal or provincial Act related to drugs and/or alcohol and/or to the operation of a motor vehicle, vessel, aircraft or railway equipment.”

That Bill C-46, in Clause 15, be amended by

(a) replacing line 17 on page 34 with the following:

“(a) a person as qualified,”

(b) replacing line 20 on page 34 with the following:

“(b) a person or class of”

(c) replacing line 23 on page 34 with the following:

“(ii) to analyze samples of bodily substances; and”

New Clause 31.1

That Bill C-46 be amended by adding before line 1 on page 41 the following new clause:

“REVIEW AND REPORT

31.1 (1) Within three years after the day on which this section comes into force, the Minister of Justice and Attorney General of Canada must undertake a comprehensive review of the implementation and operation of the provisions enacted by this Act, and prepare a report setting out his or her conclusions and recommendations and including robust data sets collected by government and non-government agencies on the effectiveness of these provisions and the impacts resulting from them.

(2) The Minister of Justice and Attorney General of Canada must cause a report on the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after it is completed.”

Your Committee has ordered a reprint of Bill C-46, as amended, as a working copy for the use of the House of Commons at the report stage.
A copy of the relevant Minutes of Proceedings (Meetings Nos. 61 to 66 and 68) is tabled.