Ontario

Legislation Sections Database at defencecounsel.com for:

Refusal Offense/Presumption

Failure or Refusal to Comply with a Demand

Bill C-46

Section number:

320.15

Failure or Refusal to Comply with a Demand

Failure or refusal to comply with demand

320.‍15 (1) Everyone commits an offence who, knowing that a demand has been made, fails or refuses to comply, without reasonable excuse, with a demand made under section 320.‍27 or 320.‍28.

Accident resulting in bodily harm

(2) Everyone commits an offence who commits an offence under subsection (1) and who, at the time of the failure or refusal, knows that, or is reckless as to whether, they were involved in an accident that resulted in bodily harm to another person.

Accident resulting in death

(3) Everyone commits an offence who commits an offence under subsection (1) and who, at the time of the failure or refusal, knows that, or is reckless as to whether, they were involved in an accident that resulted in the death of another person or in bodily harm to another person whose death ensues.

Only one conviction

(4) A person who is convicted of an offence under this section is not to be convicted of another offence under this section with respect to the same transaction.

New legislation in force December 2018.

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