Quote:
a peace officer has charged a person with an offence under
section 253, subsection 254(5) or section 255 of the
Criminal Code (Canada),
the peace officer shall, on behalf of the Registrar,
(b) in the case of a person who holds an operator’s licence,
(i) require that person to surrender to the peace officer
that person’s operator’s licence, and
(ii) serve on that person a notice of suspension of that
person’s operator’s licence;
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The above is the current traffic act. You'll notice it currently requires the officer to charge the accused under the Criminal Code.
Quote:
Subject to subsection (2.1), where a peace officer has
reasonable grounds to believe any of the following, the peace
officer shall, on behalf of the Registrar, take the actions set out
in subsection (2.2):
(a) that a person operated a motor vehicle or had care or
control of a motor vehicle while the person’s ability to
operate the motor vehicle was impaired to any degree by
alcohol or a drug or by a combination of alcohol and a
drug;
(2.2) The peace officer shall, on behalf of the Registrar,
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This (as posted previously in full) is the amendment. It no longer requires the officer to charge the accused under the Criminal Code of Canada - that's pretty much the point of the bill.
I don't know about the appeals, if you have information I missed I'd like to see it, but seems weird for them to explicitly state in Bill 29 that an officer can revoke a person's licence for 90 days and require an alcohol-sensing device installed based on 2(a), and then have an appeal for doing just that.