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DUI, DWI & Criminal Legislation in Ontario  

Bill C-46 , section: 320.22

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Penalties/Suspension on Conviction, Prohibition, Aggravating Circumstances for Sentencing

Aggravating circumstances for sentencing purposes

320.‍22 A court imposing a sentence for an offence under any of sections 320.‍13 to 320.‍18 shall consider, in addition to any other aggravating circumstances, the following:

(a) the commission of the offence resulted in bodily harm to, or the death of, more than one person;

(b) the offender was operating a motor vehicle in a race with at least one other motor vehicle or in a contest of speed, on a street, road or highway or in another public place;

(c) a person under the age of 16 years was a passenger in the conveyance operated by the offender;

(d) the offender was being remunerated for operating the conveyance;

(e) the offender’s blood alcohol concentration at the time of committing the offence was equal to or exceeded 120 mg of alcohol in 100 mL of blood;

(f) the offender was operating a large motor vehicle; and

(g) the offender was not permitted, under a federal or provincial Act, to operate the conveyance.

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