Criminal Code

Marginal note:Punishment

• 320.19 (1) Everyone who commits an offence under subsection 320.14(1) or 320.15(1) 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 10 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.

• Marginal note:Summary conviction

  (2) Everyone who commits an offence under subsection 320.14(4) is liable on summary conviction to a fine of not more than $1,000.

• Marginal note:Minimum fines for high blood alcohol concentrations

  (3) Despite subparagraph (1)(a)(i), everyone who commits an offence under paragraph 320.14(1)(b) is liable, for a first offence, to

  • (a) a fine of not less than $1,500, if the person’s blood alcohol concentration is equal to or exceeds 120 mg of alcohol in 100 mL of blood but is less than 160 mg of alcohol in 100 mL of blood; and

  • (b) a fine of not less than $2,000, if the person’s blood alcohol concentration is equal to or exceeds 160 mg of alcohol in 100 mL of blood.

• Marginal note:Minimum fine — subsection 320.15(1)

  (4) Despite subparagraph (1)(a)(i), everyone who commits an offence under subsection 320.15(1) is liable, for a first offence, to a fine of not less than $2,000.

• Marginal note:Punishment — dangerous operation and other offences

  (5) Everyone who commits an offence under subsection 320.13(1) or 320.16(1), section 320.17 or subsection 320.18(1) is liable

  • (a) on conviction on indictment, to imprisonment for a term of not more than 10 years; or

  • (b) on summary conviction, to imprisonment for a term of not more than two years less a day.