As SGI focuses their efforts towards impaired drivers this month in Saskatchewan, new impaired driving laws are being changed across Canada. Starting December 18, 2018, part-two of the reformed driving laws will take place.

Part-one of the changes were implemented earlier this year in June which made amendments to the Criminal Code pertaining to offences related to drug-impaired driving. Part-two will implement mandatory alcohol screening in an attempt to deter drivers from getting behind the wheel after consuming alcohol and strengthen the investigation and proof of impaired-driving offences.

The Department of Justice Canada states that “Mandatory alcohol screening will authorize law enforcement to demand a breath sample at the roadside from any driver that has been lawfully stopped.” Previously, law enforcement would have to have reasonable suspicion the driver had consumed alcohol, following December 18 that is no longer the case and officers will lawfully be able to demand a breath sample without having grounds for the request. 

The Minister of Justice and Attorney General of Canada, Jody Wilson-Raybould, was quoted on the Government of Canada’s website saying, “I am tremendously proud to have introduced this legislation and see it passed into law. I believe these reforms will result in fewer road deaths and fewer Canadian families devastated by the effects of an impaired driver. This is one of the most significant changes to the laws related to impaired driving in more than 40 years and is another way that we are modernizing the criminal justice system.”

This change comes after consultations and evaluations of other countries, Australia and Ireland, who both have had success through the amendment in preventing deaths on roadways. Part-two also comes with heavier fines for those who have breath samples over the legal limit.

As stated on the Department of Justice Canada website:

The proposed legislation would enact some new and higher mandatory minimum fines, and some higher maximum penalties. Currently, the mandatory minimum penalties for impaired driving are:
• First Offence: $1,000 fine;
• Second Offence: 30 days imprisonment;
• Third Offence: 120 days imprisonment.

The proposed legislation would increase the mandatory fines for first offenders with high BAC readings or who refuse to provide a sample:
• A first offender with a BAC of 80 to 119 would be subject to the current mandatory minimum fine of $1,000;
• A first offender with a BAC of 120 to 159 would be subject to a mandatory minimum fine of $1,500;
• A first offender with a BAC of 160 or more would be subject to a mandatory minimum fine of $2,000; and
• A first offender who refuses testing would be subject to a mandatory minimum fine of $2,000.


A detailed description of both parts, one and two, can be found here.