Conveyance
Under s. 2, "motor vehicle" is defined as "a vehicle that is drawn, propelled or driven by any means other than muscular power, but does not include railway equipment".
Conveyance: Refers to a motor vehicle, a vessel, an aircraft or railway equipment.
Vessel: Includes hovercraft.
Further Clarifications
Inoperable Vehicle: A vehicle that is inoperable may still be considered a motor vehicle whether or not it is functioning at the time, including instances where the vehicle is out of gas. The risk of the vehicle being put in motion, as discussed in the Supreme Court of Canada case R. v. Ford, is a factor that the court must consider in determining whether an offence has been committed.
e-bikes and scooters: These are considered motor vehicles when they are not being pedaled under s. 2.
Impaired Driving Definitions
320.11 The following definitions apply in this Part [Pt. VIII – Offences Against the Person and Reputation (s. 214 to 320.1)].
- "analyst" means a person who is, or a person who is a member of a class of persons that is, designated by the Attorney General under subparagraph 320.4(b)(ii)
- "approved container" means a container that is designed to receive a sample of a person’s blood for analysis and that is approved by the Attorney General of Canada under paragraph 320.39(d)
- "approved drug screening equipment" means equipment that is designed to ascertain the presence of a drug in a person’s body and that is approved by the Attorney General of Canada under paragraph 320.39(b)
- "approved instrument" means an instrument that is designed to receive and make an analysis of a sample of a person’s breath to determine their blood alcohol concentration and that is approved by the Attorney General of Canada under paragraph 320.39(c)
- "approved screening device" means a device that is designed to ascertain the presence of alcohol in a person’s blood and that is approved by the Attorney General of Canada under paragraph 320.39(a)
- "evaluating officer" means a peace officer who has the qualifications prescribed by regulation that are required in order to act as an evaluating officer.
- "Operate" means
- (a) in respect of a motor vehicle, to drive it or to have care or control of it;
- (b) in respect of a vessel or aircraft, to navigate it, to assist in its navigation or to have care or control of it; and
- (c) in respect of railway equipment, to participate in the direct control of its motion, or to have care or control of it as a member of the equipment’s crew, as a person who acts in lieu of a member of the equipment’s crew by remote control, or otherwise.
- "qualified medical practitioner" means a person who is qualified under provincial law to practice medicine.
- "qualified technician" means
- (a) in respect of breath samples, a person who is designated by the Attorney General under paragraph 320.4(a)
- (b) in respect of blood samples, a person who is, or a person who is a member of a class of persons that is, designated by the Attorney General under subparagraph 320.4(b)(i)
Source: The Criminal Law Notebook - Conveyance Offences
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