Prescribed blood drug concentrations and blood alcohol concentrations

43.001   (1) In this section, "BDCR" means the Blood Drug Concentration Regulations (Canada).

(2) For the purposes of sections 94.1 (1) (a.1) and 94.6 (1) (a.1) and (2) (a.1) (i) of the Act, the prescribed blood drug concentration for a drug set out in column 1 of the table in section 2 of the BDCR is set out opposite in column 2 of that table.

(3) For the purposes of sections 94.1 (1) (a.2) and 94.6 (1) (a.2) and (2) (a.2) (i) and (ii) (C) of the Act, the prescribed blood alcohol concentration and prescribed blood drug concentration for tetrahydrocannabinol (THC) are set out in section 3 of the BDCR.

[en. B.C. Reg. 125/2019, App., s. 1.]

Prescribed requirements

43.002   For the purposes of section 94.6 (1) (a.3) (ii) and (2) (a.3) (ii) of the Act, an evaluating officer who conducts an evaluation of a person under section 320.28 (2) (a) of the Criminal Code must

(a) during the evaluation of the person, conduct the tests and follow the procedures set out in section 3 of the Evaluation of Impaired Operation (Drugs and Alcohol) Regulations (Canada), and

(b) prepare a written narrative respecting the evaluation of the person.

[en. B.C. Reg. 125/2019, App., s. 1.]

Prescribed documents or information

43.003   For the purposes of section 94.3 (b) (iii) of the Act, the following documents and information are prescribed:

(a) a written narrative, completed by the peace officer whose opinion resulted in the notice of driving prohibition being served on the person, respecting the circumstances that resulted in the notice of driving prohibition being served on the person;

(b) in the case of a driving prohibition resulting from the circumstances described in section 94.1 (1) (a.1) of the Act, the results of the analysis of the blood of the person that resulted in the notice of driving prohibition being served on the person;

(c) in the case of a driving prohibition resulting from the circumstances described in section 94.1 (1) (a.2) of the Act, the results of the analysis of the breath or blood, or both, of the person that resulted in the notice of driving prohibition being served on the person;

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

(i) information showing that the evaluation of the person was conducted by an evaluating officer,

(ii) the results of the analysis of the bodily substance of the person that resulted in the notice of driving prohibition being served on the person,

(iii) the results of the tests and procedures referred to in section 43.002 (a) of this regulation respecting the evaluation of the person, and

(iv) a copy of the narrative referred to in section 43.002 (b) of this regulation respecting the evaluation of the person.

[en. B.C. Reg. 125/2019, App., s. 1.]

Notice of driving prohibition

43.01   (1) The prescribed notice of driving prohibition for the purpose of section 94.1 (3) of the Act is set out in Form 1.

(2) The prescribed notice of driving prohibition for the purpose of section 215.41 (6) of the Act is set out in Form 7.

[en. B.C. Reg. 160/97; am. B.C. Reg. 238/2010, Sch., s. 1.]

Repealed

43.02-
43.07  
Repealed. [B.C. Reg. 238/2010, Sch., s. 2.]

Fees

43.08   (1) The prescribed hearing fee for review of a driving prohibition under section 94.4 (1) (b) (ii) or 215.48 (1) (b) of the Act is $100.

(2) The prescribed fee for an oral hearing under section 94.4 (5) (b) or 215.48 (5) (b) (ii) of the Act is $200.

(3) Repealed. [B.C. Reg. 238/2010, Sch., s. 3 (c).]

(4) The prescribed hearing fee for the purposes of sections 256 (1) (b) and 259 (1) (b) of the Act is $50.

(5) The prescribed hearing fee for the purposes of sections 256 (5) (b), 262 (2) (c) and 263 (3) (c) of the Act is $100.

(6) and (7) Repealed. [B.C. Reg. 238/2010, Sch., s. 3 (c).]

(8) The prescribed vehicle release fee for release of a motor vehicle on economic hardship grounds under section 262 (4) (b) of the Act is $450.

(9) Repealed. [B.C. Reg. 238/2010, Sch., s. 3 (c).]

(10) The prescribed vehicle release fee for the release of a motor vehicle on compassionate grounds under section 263 (4) (b) of the Act is $100.

[en. B.C. Reg. 160/97; am. B.C. Regs. 165/2002; 238/2010, Sch., s. 3.]

Monetary penalties — automatic roadside driving prohibitions

43.09   The following monetary penalties are prescribed for the purpose of section 215.44 (1) of the Act:

(a) in the case of a 3-day driving prohibition, $200;

(b) in the case of a 7-day driving prohibition, $300;

(c) in the case of a 30-day driving prohibition, $400;

(d) in the case of a 90-day driving prohibition, $500.

[en. B.C. Reg. 238/2010, Sch., s. 4.]