Varies by underlying offence, see ss. 320.13–320.18
This sentencing provision determines the actual penalty imposed, which is relevant for deemed rehabilitation calculations. The minimum fines and mandatory minimums affect rehabilitation timelines under IRPA.
Not an offence, this is the price list judges work from for the driving offences above. It sets the mandatory minimum fine for a first impaired driving conviction and the jail minimums that kick in for a second and a third. The date those penalties finish running is the date Canada counts from when it measures how old a record is.
(1) Every person who commits an offence under subsection 320.14(1) or 320.15(1) is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than 10 years and to a minimum punishment of, (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; or (b) an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both, and to a minimum punishment of, (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. (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. (3) Despite subparagraphs (1)(a)(i) and (b)(i), every person 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. (4) Despite subparagraphs (1)(a)(i) and (b)(i), every person who commits an offence under subsection 320.15(1) is liable, for a first offence, to a fine of not less than $2,000. (5) Every person who commits an offence under subsection 320.13(1) or 320.16(1), section 320.17 or subsection 320.18(1) is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or (b) an offence punishable on summary conviction.