Skip to main content

Criminal Code

s. 320.22 Aggravating Circumstances for Sentencing

Aggravating circumstances for sentencing purposes

  • Impaired Driving & Transportation
  • Impaired Driving
Maximum sentence
N/A, sentencing provision listing aggravating circumstances
Classification
Not an offence

Last verified: June 2026 · Source: laws-lois.justice.gc.ca

The law says

Criminal Code s. 320.22
Verify on justice.gc.ca(opens in a new tab)

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.
Amendment History (1)
  • 2018, c. 21, s. 15

Justice Laws is the authoritative version. If this copy and it ever differ, Justice Laws wins.

Immigration

Where this offence sits under IRPA

This section is not an offence. It lists aggravating circumstances, meaning facts that push a sentence up. The court must weigh them when it sentences any driving offence under sections 320.13 to 320.18. They include harm to more than one person, street racing, and a passenger under 16. Others are driving for pay, a blood alcohol level of 120 mg or more, or driving a large motor vehicle. Driving while not permitted to drive is on the list too. Sentence length matters under IRPA. A sentence of more than six months in prison makes the conviction serious criminality under s.36(1)(a), even where the offence itself is not.

This is how the law sorts the offence, not a reading of any one record. An officer decides each case.

IRPA sections involved

Guides on offences like this one

No guide cites this section directly. These guides cite related offences.

Reckless Driving Conviction Entry to CanadaUS Misdemeanor Entry to CanadaCan You Enter Canada with a DUI?

Related sections

Criminal Code s. 320.14Operation While ImpairedHybridCriminal Code s. 320.19Punishment — Transportation OffencesNot an offence