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First Session, Forty-second Parliament,
64-65-66 Elizabeth II, 2015-2016-2017
HOUSE OF COMMONS OF CANADA
BILL C-51
An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act
FIRST READING, June 6, 2017
MINISTER OF JUSTICE
90846


SUMMARY
This enactment amends the Criminal Code to amend, remove or repeal passages and provisions that have been ruled unconstitutional or that raise risks with regard to the Canadian Charter of Rights and Freedoms, as well as passages and provisions that are obsolete, redundant or that no longer have a place in criminal law. It also modifies certain provisions of the Code relating to sexual assault in order to clarify their application and to provide a procedure applicable to the admissibility and use of the complainant’s or a witness’s record when in the possession of the accused.
This enactment also amends the Department of Justice Act to require that the Minister of Justice cause to be tabled, for every government Bill introduced in either House of Parliament, a statement of the Bill’s potential effects on the rights and freedoms guaranteed by the Canadian Charter of Rights and Freedoms.
Finally, it makes consequential amendments to the Criminal Records Act.
Available on the Parliament of Canada Web Site at the following address:
http://www.parl.gc.ca


1st Session, 42nd Parliament,
64-65-66 Elizabeth II, 2015-2016-2017
HOUSE OF COMMONS OF CANADA
BILL C-51
An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.‍S.‍, c. C-46
Criminal Code
1Section 49 of the Criminal Code is repealed.
2Section 55 of the Act is replaced by the following:
Evidence of overt acts
55In proceedings for an offence against any provision in section 47 or sections 50 to 53, evidence of an overt act is not admissible unless that overt act is set out in the indictment or unless the evidence is otherwise relevant as tending to prove an overt act that is set out in the indictment.
3Subsection 57(3) of the Act is replaced by the following:
Possession of forged passport, etc.
(3)Every person who, without lawful excuse, has in their possession a forged passport or a passport in respect of which an offence under subsection (2) has been committed is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.
4Section 71 of the Act is repealed.
1997, c. 23, s. 2; 2001, c. 32, s. 3(F)
5Section 82 of the Act is replaced by the following:
Possession of explosive
82(1)Every person who, without lawful excuse, makes or has in their possession or under their care or control any explosive substance is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.
Possession in association with criminal organization
(2)Every person who, without lawful excuse, makes or has in their possession or under their care or control any explosive substance for the benefit of, at the direction of or in association with a criminal organization is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.
1995, c. 39, s. 139
6The portion of subsection 108(1) of the Act before paragraph (a) is replaced by the following:
Tampering with serial number
108(1)Every person commits an offence who, without lawful excuse,
7(1)The portion of section 125 of the English version of the Act before paragraph (a) is replaced by the following:
Influencing or negotiating appointments or dealing in offices
125Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years who
(2)The portion of paragraph 125(c) of the Act before subparagraph (i) is replaced by the following:
(c)keeps without lawful authority a place for transacting or negotiating any business relating to
(3)The portion of section 125 of the English version of the Act after paragraph (c) is repealed.
8Section 143 of the Act is repealed.
R.‍S.‍, c. 27 (1st Supp.‍), s. 20(1)
9(1)The portion of subsection 145(1) of the English version of the Act before paragraph (a) is replaced by the following:
Escape and being at large without excuse
145(1)Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who
R.‍S.‍, c. 27 (1st Supp.‍), s. 20(1)
(2)Paragraph 145(1)‍(b) of the Act is replaced by the following:
(b)is, before the expiration of a term of imprisonment to which they were sentenced, at large in or out of Canada without lawful excuse.
R.‍S.‍, c. 27 (1st Supp.‍), s. 20(1)
(3)The portion of subsection 145(1) of the English version of the Act after paragraph (b) is repealed.
R.‍S.‍, c. 27 (1st Supp.‍), s. 20(1)
(4)The portion of subsection 145(2) of the English version of the Act before paragraph (a) is replaced by the following:
Failure to attend court
(2)Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who,
R.‍S.‍, c. 27 (1st Supp.‍), s. 20(1)
(5)Paragraphs 145(2)‍(a) and (b) of the Act are replaced by the following:
(a)being at large on their undertaking or recognizance given to or entered into before a justice or judge, fails, without lawful excuse, to attend court in accordance with the undertaking or recognizance; or
(b)having appeared before a court, justice or judge, fails, without lawful excuse, to attend court as subsequently required by the court, justice or judge or to surrender themselves in accordance with an order of the court, justice or judge, as the case may be.
R.‍S.‍, c. 27 (1st Supp.‍), s. 20(1)
(6)The portion of subsection 145(2) of the Act after paragraph (b) is repealed.
2008, c. 18, s. 3
(7)The portion of subsection 145(3) of the Act before paragraph (a) is replaced by the following:
Failure to comply with condition of undertaking or recognizance
(3)Every person who is at large on an undertaking or recognizance given to or entered into before a justice or judge and is bound to comply with a condition of that undertaking or recognizance, and every person who is bound to comply with a direction under subsection 515(12) or 522(2.‍1) or an order under subsection 516(2), and who fails, without lawful excuse, to comply with the condition, direction or order is guilty of
(8)The portion of subsection 145(4) of the Act before paragraph (a) is replaced by the following:
Failure to appear or to comply with summons
(4)Every person who is served with a summons and who fails, without lawful excuse, to appear at the time and place stated in it for the purposes of the Identification of Criminals Act or to attend court in accordance with it, is guilty of
(9)The portion of subsection 145(4) of the French version of the Act after paragraph (b) is repealed.
1997, c. 18, s. 3(1)‍(E)
(10)The portion of subsection 145(5) of the Act before paragraph (a) is replaced by the following:
Failure to comply with appearance notice or promise to appear
(5)Every person who is named in an appearance notice or promise to appear, or in a recognizance entered into before an officer in charge or another peace officer, that has been confirmed by a justice under section 508 and who fails, without lawful excuse, to appear at the time and place stated in it for the purposes of the Identification of Criminals Act, or to attend court in accordance with it, is guilty of
1997, c. 18, s. 3(1)‍(F)
(11)The portion of subsection 145(5) of the French version of the Act after paragraph (b) is repealed.
1997, c. 18, s. 3(2)
(12)The portion of subsection 145(5.‍1) of the Act before paragraph (a) is replaced by the following:
Failure to comply with conditions of undertaking
(5.‍1)Every person who, without lawful excuse, fails to comply with any condition of an undertaking entered into under subsection 499(2) or 503(2.‍1)
1998, c. 9, s. 2
10(1)The portion of subsection 153.‍1(3) of the Act before paragraph (a) is replaced by the following:
When no consent obtained
(3)For the purposes of this section, no consent is obtained if
1998, c. 9, s. 2
(2)Paragraph 153.‍1(3)‍(b) of the Act is replaced by the following:
(a.‍1)the complainant is unconscious;
(b)the complainant is incapable of consenting to the activity for any reason other than the one referred to in paragraph (a.‍1);
1998, c. 9, s. 2
(3)Subsection 153.‍1(4) of the French version of the Act is replaced by the following:
Précision
(4)Le paragraphe (3) n’a pas pour effet de limiter les circonstances dans lesquelles il n’y a pas de consentement de la part du plaignant.
1998, c. 9, s. 2
(4)Paragraph 153.‍1(5)‍(a) of the English version of the Act is replaced by the following:
(a)the accused’s belief arose from
(i)the accused’s self-induced intoxication,
(ii)the accused’s recklessness or wilful blindness, or
(5)Paragraph 153.‍1(5)‍(a) of the Act is amended by adding the following after subparagraph (ii):
(iii)any circumstance in which no consent is obtained, including those referred to in subsection (3) or 265(3);
(6)Subsection 153.‍1(5) of the Act is amended by adding “or” at the end of paragraph (b) and by adding the following after that paragraph:
(c)there is no evidence that the complainant’s voluntary agreement to the activity was affirmatively expressed by words or actively expressed by conduct.
11(1)Subsection 163(1) of the Act is replaced by the following:
Obscene materials
163(1)Every person commits an offence who makes, prints, publishes, distributes, circulates or has in their possession for the purpose of publication, distribution or circulation any obscene written matter, picture, model, phonograph record or any other obscene thing.
(2)The portion of subsection 163(2) of the English version of the Act before paragraph (b) is replaced by the following:
Idem
(2)Every person commits an offence who knowingly, without lawful justification or excuse,
(a)sells, exposes to public view or has in their possession for that purpose any obscene written matter, picture, model, phonograph record or any other obscene thing; or
(3)Paragraphs 163(2)‍(c) and (d) of the Act are repealed.
(4)Subsection 163(7) of the Act is repealed.
2014, c. 25, s. 46(2)
12(1)Paragraph 164(1)‍(c) of the Act is replaced by the following:
(c)the publication, copies of which are kept for sale or distribution in premises within the jurisdiction of the court, is obscene, within the meaning of subsection163(8);
2014, c. 25, s. 46(3)
(2)Subsections 164(3) to (5) of the Act are replaced by the following:
Owner and maker may appear
(3)The owner and the maker of the matter seized under subsection (1), and alleged to be obscene, child pornography, a voyeuristic recording, an intimate image or an advertisement of sexual services, may appear and be represented in the proceedings to oppose the making of an order for the forfeiture of the matter.
Order of forfeiture
(4)If the court is satisfied, on a balance of probabilities, that the publication, representation, written material or recording referred to in subsection (1) is obscene, child pornography, a voyeuristic recording, an intimate image or an advertisement of sexual services, it may make an order declaring the matter forfeited to Her Majesty in right of the province in which the proceedings take place, for disposal as the Attorney General may direct.
Disposal of matter
(5)If the court is not satisfied that the publication, representation, written material or recording referred to in subsection (1) is obscene, child pornography, a voyeuristic recording, an intimate image or an advertisement of sexual services, it shall order that the matter be restored to the person from whom it was seized without delay after the time for final appeal has expired.
(3)The definition crime comic in subsection 164(8) of the Act is repealed.
13Section 165 of the Act is repealed.
14Sections 176 to 178 of the Act are replaced by the following:
Trespassing at night
177Every person who, without lawful excuse, loiters or prowls at night on the property of another person near a dwelling-house situated on that property is guilty of an offence punishable on summary conviction.
2004, c. 15, s. 108
15Subparagraph (a)‍(xxviii) of the definition offence in section 183 of the Act is replaced by the following:
(xxviii)subsection163(1) (obscene materials),
16Section 198 of the Act is repealed.
1999, c. 5, s. 6(2)
17(1)Paragraph 207(4)‍(c) of the Act is replaced by the following:
(c)for the purposes of paragraphs (1)‍(b) to (f), a game or proposal, scheme, plan, means, device, contrivance or operation described in any of paragraphs 206(1)‍(a) to (g) that is operated on or through a computer, video device, slot machine or a dice game.
(2)Section 207 of the Act is amended by adding the following after subsection (4):
Definition of slot machine
(4.‍01)In paragraph 4(c), slot machine means any automatic machine or slot machine, other than any automatic machine or slot machine that dispenses as prizes only one or more free games on that machine, that
(a)is used or intended to be used for any purpose other than selling merchandise or services; or
(b)is used or intended to be used for the purpose of selling merchandise or services if
(i)the result of one of any number of operations of the machine is a matter of chance or uncertainty to the operator,
(ii)as a result of a given number of successive operations by the operator, the machine produces different results, or
(iii)on any operation of the machine, it discharges or emits a slug or token.
18The portion of subsection 215(2) of the Act before paragraph (a) is replaced by the following:
Offence
(2)Every person commits an offence who, being under a legal duty within the meaning of subsection (1), fails without lawful excuse to perform that duty, if
1992, c. 38, s. 1
19(1)The portion of subsection 273.‍1(2) of the Act before paragraph (a) is replaced by the following:
No consent obtained
(2)For the purpose of subsection (1), no consent is obtained if
1992, c. 38, s. 1
(2)Paragraph 273.‍1(2)‍(b) of the Act is replaced by the following:
(a.‍1)the complainant is unconscious;
(b)the complainant is incapable of consenting to the activity for any reason other than the one referred to in paragraph (a.‍1);
1992, c. 38, s. 1
(3)Subsection 273.‍1(3) of the French version of the Act is replaced by the following:
Précision
(3)Le paragraphe (2) n’a pas pour effet de limiter les circonstances dans lesquelles il n’y a pas de consentement de la part du plaignant.
1992, c. 38, s. 1
20(1)Paragraph 273.‍2(a) of the English version of the Act is replaced by the following:
(a)the accused’s belief arose from
(i)the accused’s self-induced intoxication,
(ii)the accused’s recklessness or wilful blindness, or
(2)Paragraph 273.‍2(a) of the Act is amended by adding the following after subparagraph (ii):
(iii)any circumstance in which no consent is obtained, including those referred to in subsection 265(3) or 273.‍1(2);
(3)Section 273.‍2 of the Act is amended by adding “or” at the end of paragraph (b) and by adding the following after that paragraph:
(c)there is no evidence that the complainant’s voluntary agreement to the activity was affirmatively expressed by words or actively expressed by conduct.
1992, c. 38, s. 2
21(1)The portion of subsection 276(2) of the Act before paragraph (b) is replaced by the following:
Conditions for admissibility
(2)In proceedings in respect of an offence referred to in subsection (1), evidence shall not be adduced by or on behalf of the accused that the complainant has engaged in sexual activity other than the sexual activity that forms the subject-matter of the charge, whether with the accused or with any other person, unless the judge, provincial court judge or justice determines, in accordance with the procedures set out in sections 278.‍93 and 278.‍94, that the evidence
(a)is not being adduced for the purpose of supporting an inference described in subsection (1);
1992, c. 38, s. 2
(2)Paragraph 276(2)‍(c) of the Act is replaced by the following:
(c)is of specific instances of sexual activity; and
(d)has significant probative value that is not substantially outweighed by the danger of prejudice to the proper administration of justice.
(3)Section 276 of the Act is amended by adding the following after subsection (3):
Interpretation
(4)For the purpose of this section, sexual activity includes any communication made for a sexual purpose or whose content is of a sexual nature.
1992, c. 38, s. 2; 2005, c. 32, s. 13
22Sections 276.‍1 to 276.‍5 of the Act are repealed.
1997, c. 30, s. 1
23Section 278.‍1 of the Act is replaced by the following:
Definition of record
278.‍1For the purposes of sections 278.‍2 to 278.‍92, record means any form of record that contains personal information for which there is a reasonable expectation of privacy and includes medical, psychiatric, therapeutic, counselling, education, employment, child welfare, adoption and social services records, personal journals and diaries, and records containing personal information the production or disclosure of which is protected by any other Act of Parliament or a provincial legislature, but does not include records made by persons responsible for the investigation or prosecution of the offence.
2015, c. 13, s. 6
24Subsection 278.‍3(5) of the Act is replaced by the following:
Service of application and subpoena
(5)The accused shall serve the application on the prosecutor, on the person who has possession or control of the record, on the complainant or witness, as the case may be, and on any other person to whom, to the knowledge of the accused, the record relates, at least 60 days before the hearing referred to in subsection 278.‍4(1) or any shorter interval that the judge may allow in the interests of justice. The accused shall also serve a subpoena issued under Part XXII in Form 16.‍1 on the person who has possession or control of the record at the same time as the application is served.
25The Act is amended by adding the following after section 278.‍91:
Admissibility — accused in possession of records relating to complainant
278.‍92(1)Except in accordance with this section, no record relating to a complainant or a witness that is in the possession or control of the accused — and which the accused intends to adduce — shall be admitted in evidence in any proceedings in respect of any of the following offences or in any proceedings in respect of two or more offences at least one of which is any of the following offences:
(a)an offence under section 151, 152, 153, 153.‍1, 155, 160, 170, 171, 172, 173, 210, 211, 213, 271, 272, 273, 279.‍01, 279.‍011, 279.‍02, 279.‍03, 286.‍1, 286.‍2 or 286.‍3; or
(b)any offence under this Act, as it read from time to time before the day on which this paragraph comes into force, if the conduct alleged would be an offence referred to in paragraph (a) if it occurred on or after that day.
Requirements for admissibility
(2)The evidence is inadmissible unless the judge, provincial court judge or justice determines, in accordance with the procedures set out in sections 278.‍93 and 278.‍94,
(a)if the admissibility of the evidence is subject to section 276, that the evidence meets the conditions set out in subsection 276(2) while taking into account the factors set out in subsection (3); or
(b)in any other case, that the evidence is relevant to an issue at trial and has significant probative value that is not substantially outweighed by the danger of prejudice to the proper administration of justice.
Factors that judge shall consider
(3)In determining whether evidence is admissible under subsection (2), the judge, provincial court judge or justice shall take into account
(a)the interests of justice, including the right of the accused to make a full answer and defence;
(b)society’s interest in encouraging the reporting of sexual assault offences;
(c)society’s interest in encouraging the obtaining of treatment by complainants of sexual offences;
(d)whether there is a reasonable prospect that the evidence will assist in arriving at a just determination in the case;
(e)the need to remove from the fact-finding process any discriminatory belief or bias;
(f)the risk that the evidence may unduly arouse sentiments of prejudice, sympathy or hostility in the jury;
(g)the potential prejudice to the complainant’s personal dignity and right of privacy;
(h)the right of the complainant and of every individual to personal security and to the full protection and benefit of the law; and
(i)any other factor that the judge, provincial court judge or justice considers relevant.
Application for hearing — sections 276 and 278.‍92
278.‍93(1)Application may be made to the judge, provincial court judge or justice by or on behalf of the accused for a hearing under section 278.‍94 to determine whether evidence is admissible under subsection 276(2) or 278.‍92(2).
Form and content of application
(2)An application referred to in subsection (1) must be made in writing, setting out detailed particulars of the evidence that the accused seeks to adduce and the relevance of that evidence to an issue at trial, and a copy of the application must be given to the prosecutor and to the clerk of the court.
Jury and public excluded
(3)The judge, provincial court judge or justice shall consider the application with the jury and the public excluded.
Judge may decide to hold hearing
(4)If the judge, provincial court judge or justice is satisfied that the application was made in accordance with subsection (2), that a copy of the application was given to the prosecutor and to the clerk of the court at least seven days previously, or any shorter interval that the judge, provincial court judge or justice may allow in the interests of justice and that the evidence sought to be adduced is capable of being admissible under subsection 276(2), the judge, provincial court judge or justice shall grant the application and hold a hearing under section 278.‍94 to determine whether the evidence is admissible under subsection 276(2) or 278.‍92(2).
Hearing — jury and public excluded
278.‍94(1)The jury and the public shall be excluded from a hearing to determine whether evidence is admissible under subsection 276(2) or 278.‍92(2).
Complainant not compellable
(2)The complainant is not a compellable witness at the hearing but may appear and make submissions.
Right to counsel
(3)The judge shall, as soon as feasible, inform the complainant who participates in the hearing of their right to be represented by counsel.
Judge’s determination and reasons
(4)At the conclusion of the hearing, the judge, provincial court judge or justice shall determine whether the evidence, or any part of it, is admissible under subsection 276(2) or 278.‍92(2) and shall provide reasons for that determination, and
(a)if not all of the evidence is to be admitted, the reasons must state the part of the evidence that is to be admitted;
(b)the reasons must state the factors referred to in subsection 276(3) or 278.‍92(3) that affected the determination; and
(c)if all or any part of the evidence is to be admitted, the reasons must state the manner in which that evidence is expected to be relevant to an issue at trial.
Record of reasons
(5)The reasons provided under subsection (4) shall be entered in the record of the proceedings or, if the proceedings are not recorded, shall be provided in writing.
Publication prohibited
278.‍95(1)A person shall not publish in any document, or broadcast or transmit in any way, any of the following:
(a)the contents of an application made under subsection 278.‍93;
(b)any evidence taken, the information given and the representations made at an application under section 278.‍93 or at a hearing under section 278.‍94;
(c)the decision of a judge or justice under subsection 278.‍93(4), unless the judge or justice, after taking into account the complainant’s right of privacy and the interests of justice, orders that the decision may be published, broadcast or transmitted; and
(d)the determination made and the reasons provided under subsection 278.‍94(4), unless
(i)that determination is that evidence is admissible, or
(ii)the judge or justice, after taking into account the complainant’s right of privacy and the interests of justice, orders that the determination and reasons may be published, broadcast or transmitted.
Offence
(2)Every person who contravenes subsection (1) is guilty of an offence punishable on summary conviction.
Judge to instruct jury — re use of evidence
278.‍96If evidence is admitted at trial on the basis of a determination made under subsection 278.‍94(4), the judge shall instruct the jury as to the uses that the jury may and may not make of that evidence.
Appeal
278.‍97For the purposes of sections 675 and 676, a determination made under subsection 278.‍94(4) shall be deemed to be a question of law.
26Subsection 279(3) of the Act is repealed.
R.‍S.‍, c. 27 (1st Supp.‍), s. 40(1)
27Subsection 279.‍1(3) of the Act is repealed.
28Section 288 of the Act is repealed.
29(1)The portion of section 294 of the English version of the Act before paragraph (a) is replaced by the following:
Pretending to solemnize marriage
294Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years who
(2)Paragraph 294(a) of the Act is replaced by the following:
(a)solemnizes or pretends to solemnize a marriage without lawful authority; or
(3)The portion of section 294 of the English version of the Act after paragraph (b) is repealed.
30Section 296 of the Act and the heading before it are repealed.
31Paragraph 299(c) of the Act is replaced by the following:
(c)shows or delivers it, or causes it to be shown or delivered, with intent that it should be read or seen by any person other than the person whom it defames.
2014, c. 31, s. 15
32The portion of subsection 327(1) of the Act before paragraph (a) is replaced by the following:
Possession of device to obtain use of telecommunication facility or service
327(1)Every person who, without lawful excuse, makes, possesses, sells, offers for sale, imports, obtains for use, distributes or makes available a device that is designed or adapted primarily to use a telecommunication facility or obtain a telecommunication service without payment of a lawful charge, knowing that the device has been used or is intended to be used for that purpose, is
33Section 337 of the Act is repealed.
2014, c. 31, s. 17(1)
34The portion of subsection 342.‍2(1) of the Act before paragraph (a) is replaced by the following:
Possession of device to obtain unauthorized use of computer system or to commit mischief
342.‍2(1)Every person who, without lawful excuse, makes, possesses, sells, offers for sale, imports, obtains for use, distributes or makes available a device that is designed or adapted primarily to commit an offence under section 342.‍1 or 430, knowing that the device has been used or is intended to be used to commit such an offence, is
1997, c. 18, s. 21
35Subsection 349(1) of the Act is replaced by the following:
Being unlawfully in dwelling-house
349(1)Every person who, without lawful excuse, enters or is in a dwelling-house with intent to commit an indictable offence in it is guilty of an indictable offence and liable to imprisonment for a term of not more than10 years or of an offence punishable on summary conviction.
36Subparagraph 350(b)‍(ii) of the Act is replaced by the following:
(ii)he entered without lawful justification or excuse by a permanent or temporary opening.
2008, c. 18, s. 9
37The portion of subsection 351(1) of the Act before paragraph (a) is replaced by the following:
Possession of break-in instrument
351(1)Every person who, without lawful excuse, has in their possession any instrument suitable for the purpose of breaking into any place, motor vehicle, vault or safe knowing that the instrument has been used or is intended to be used for that purpose,
38Section 352 of the Act is replaced by the following:
Possession of instruments for breaking into coin-operated or currency exchange devices
352Every person who, without lawful excuse, has in their possession any instrument suitable for the purpose of breaking into a coin-operated device or a currency exchange device, knowing that the instrument has been used or is intended to be used for that purpose, is guilty of an indictable offence and liable to imprisonment for a term of not more than two years.
39The portion of subsection 354(2) of the Act before paragraph (a) is replaced by the following:
Obliterated vehicle identification number
(2)In proceedings in respect of an offence under subsection (1), evidence that a person has in their possession a motor vehicle the vehicle identification number of which has been wholly or partially removed or obliterated or a part of a motor vehicle being a part bearing a vehicle identification number that has been wholly or partially removed or obliterated is, in the absence of any evidence to the contrary, proof that the motor vehicle or part, as the case may be, was obtained,
R.‍S.‍, c. 27 (1st Supp.‍), s. 51
40Sections 359 and 360 of the Act are repealed.
41Section 365 of the Act is repealed.
2014, c. 31, s. 18
42Sections 370 and 371 of the Act are repealed.
43(1)The portion of subsection 376(1) of the English version of the Act before paragraph (a) is replaced by the following:
Counterfeiting stamp, etc.
376(1)Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than14 years who
(2)The portion of paragraph 376(1)‍(b) of the Act before subparagraph (i) is replaced by the following:
(b)knowingly and without lawful excuse has in their possession
(3)Paragraph 376(1)‍(c) of the Act is replaced by the following:
(c)without lawful excuse makes or knowingly has in their possession a die or instrument that is capable of making the impression of a stamp or part of a stamp.
(4)The portion of subsection 376(1) of the English version of the Act after paragraph (c) is repealed.
44Section 402 of the Act is repealed.
2009, c. 28, s. 10
45Subsection 402.‍2(1) of the Act is replaced by the following:
Identity theft
402.‍2(1)Every person commits an offence who obtains or possesses another person’s identity information with intent to use it to commit an indictable offence that includes fraud, deceit or falsehood as an element of the offence.
46Sections 404 and 405 of the Act are replaced by the following:
Acknowledging instrument in false name
405Every person who, without lawful authority or excuse, acknowledges, in the name of another person before a court or a judge or other person authorized to receive the acknowledgment, a recognizance of bail, a confession of judgment, a consent to judgment or a judgment, deed or other instrument is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.
47Section 413 of the Act is repealed.
48(1)The portion of subsection 417(1) of the English version of the Act before paragraph (a) is replaced by the following:
Applying or removing marks without authority
417(1)Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years who,
(2)Paragraph 417(1)‍(a) of the Act is replaced by the following:
(a)without lawful authority applies a distinguishing mark to anything, or
(3)The portion of subsection 417(1) of the English version of the Act after paragraph (b) is repealed.
(4)The portion of subsection 417(2) of the Act before paragraph (a) is replaced by the following:
Unlawful transactions in public stores
(2)Every person who, without lawful authority, receives, possesses, keeps, sells or delivers public stores that they know bear a distinguishing mark is guilty of
49(1)The portion of section 419 of the Act before paragraph (a) is replaced by the following:
Unlawful use of military uniforms or certificates
419Every person is guilty of an offence punishable on summary conviction who, without lawful authority,
(2)The portion of section 419 of the Act after paragraph (d) is repealed.
50Section 427 of the Act and the heading before it are repealed.
51Subsection 429(2) of the Act is replaced by the following:
Colour of right
(2)A person shall not be convicted of an offence under sections 430 to 446if they act with legal justification or excuse or colour of right.
2008, c. 12, s. 1
52Section 444 of the Act and the heading before it are replaced by the following:
Animals
2008, c. 12, s. 1
53Paragraphs 445(1)‍(a) and (b) of the Act are replaced by the following:
(a)kills, maims, wounds, poisons or injures dogs, birds or animals that are kept for a lawful purpose; or
(b)places poison in such a position that it may easily be consumed by dogs, birds or animals that are kept for a lawful purpose.
2008, c. 12, s. 1
54The portion of subsection 447.‍1(1) of the Act before paragraph (a) is replaced by the following:
Order of prohibition or restitution
447.‍1(1)The court may, in addition to any other sentence that it may impose under subsection 445(2), 445.‍1(2), 446(2) or 447(2),
55Section 450 of the Act is replaced by the following:
Possession, etc.‍, of counterfeit money
450Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than14 years who, without lawful justification or excuse,
(a)buys, receives or offers to buy or receive counterfeit money;
(b)has in their custody or possession counterfeit money; or
(c)introduces counterfeit money into Canada.
56(1)The portion of section 451 of the Act before paragraph (a) is replaced by the following:
Having clippings, etc.
451Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years who, without lawful justification or excuse, has in their custody or possession, knowing that it has been produced or obtained by impairing, diminishing or lightening a current gold or silver coin,
(2)The portion of section 451 of the Act after paragraph (c) is repealed.
57(1)The portion of section 452 of the Act before paragraph (a) is replaced by the following:
Uttering, etc.‍, counterfeit money
452Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than14 years who, without lawful justification or excuse,
(2)The portion of section 452 of the English version of the Act after paragraph (b) is repealed.
58Section 454 of the Act is replaced by the following:
Slugs and tokens
454Every person is guilty of an offence punishable on summary conviction who, without lawful excuse, manufactures, produces, sells or has in their possession anything that is intended to be fraudulently used in substitution for a coin or token of value that any coin or token-operated device is designed to receive.
59Section 458 of the Act is replaced by the following:
Making, having or dealing in instruments for counterfeiting
458Every person who, without lawful justification or excuse, makes, repairs, buys, sells or has in their custody or possession any machine, engine, tool, instrument, material or other thing that they know has been used or is adapted and intended for use in making counterfeit money or counterfeit tokens of value, is guilty of an indictable offence and liable to imprisonment for a term of not more than14 years.
60(1)The portion of section 459 of the Act before paragraph (a) is replaced by the following:
Conveying instruments for coining out of mint
459Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than14 years who, without lawful justification or excuse, knowingly conveys out of any of Her Majesty’s mints in Canada,
(2)The portion of section 459 of the English version of the Act after paragraph (c) is repealed.
R.‍S.‍, c. 27 (1st Supp.‍), s. 62(1)
61Subparagraph 469(a)‍(ii) of the Act is repealed.
62Subsection 517(2) of the Act is replaced by the following:
Failure to comply
(2)Every person who fails, without lawful excuse, to comply with an order made under subsection (1) is guilty of an offence punishable on summary conviction.
63Subsection 581(4) of the Act is replaced by the following:
Indictment for treason
(4)If an accused is charged with an offence under section 47 or sections 50 to 53, every overt act that is to be relied on shall be stated in the indictment.
64Subsection 584(1) of the Act is replaced by the following:
Sufficiency of count charging libel
584(1)No count for publishing a seditious or defamatory libel, or for selling or exhibiting an obscene book, pamphlet, newspaper or other written matter, is insufficient by reason only that it does not set out the words that are alleged to be libellous or the writing that is alleged to be obscene.
65Subsection 601(9) of the Act is replaced by the following:
Limitation
(9)The authority of a court to amend indictments does not authorize the court to add to the overt acts stated in an indictment for high treason or treason or for an offence against any provision in sections 50, 51 and 53.
2009, c. 29, s. 3
66Subsection 719(3.‍1) of the Act is replaced by the following:
Exception
(3.‍1)Despite subsection (3), if the circumstances justify it, the maximum is one and one-half days for each day spent in custody.
2008, c. 18, s. 42
67The portion of subsection 743.‍21(2) of the Act before paragraph (a) is replaced by the following:
Failure to comply with order
(2)Every person who fails, without lawful excuse, to comply with the order
68Subsection 794(2) of the Act is repealed.
69(1)The portion of subsection 145(4) before paragraph (a) set out in Form 6 of Part XXVIII of the Act is replaced by the following:
(4)Every person who is served with a summons and who fails, without lawful excuse, to appear at the time and place stated in it for the purposes of the Identification of Criminals Act or to attend court in accordance with it, is guilty of
(2)The portion of subsection 145(4) after paragraph (b) set out in Form 6 of Part XXVIII of the French version of the Act is repealed.
70(1)The portion of subsection 145(5) before paragraph (a) set out in Forms 9 to 11 of Part XXVIII of the Act is replaced by the following:
(5)Every person who is named in an appearance notice or promise to appear, or in a recognizance entered into before an officer in charge or another peace officer, that has been confirmed by a justice under section 508 and who fails, without lawful excuse, to appear at the time and place stated in it for the purposes of the Identification of Criminals Act, or to attend court in accordance with it, is guilty of
(2)The portion of subsection 145(5) after paragraph (b) set out in Forms 9 to 11 of Part XXVIII of the French version of the Act is repealed.
71The portion of subsection 145(5.‍1) before paragraph (a) set out in Form 11.‍1 of Part XXVIII of the Act is replaced by the following:
(5.‍1)Every person who, without lawful excuse, fails to comply with any condition of an undertaking entered into under subsection 499(2) or 503(2.‍1)
72Subsection 145(2) set out in Form 12 of Part XXVIII of the Act is replaced by the following:
(2)Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who,
(a)being at large on their undertaking or recognizance given to or entered into before a justice or judge, fails, without lawful excuse, to attend court in accordance with the undertaking or recognizance, or
(b)having appeared before a court, justice or judge, fails, without lawful excuse, to attend court as subsequently required by the court, justice or judge or to surrender themselves in accordance with an order of the court, justice or judge, as the case may be.
R.‍S.‍, c. J-2
Department of Justice Act
73The Department of Justice Act is amended by adding the following after section 4.‍1:
Charter statement
4.‍2(1)The Minister shall, for every Bill introduced in or presented to either House of Parliament by a minister or other representative of the Crown, cause to be tabled, in the House in which the Bill originates, a statement that sets out potential effects of the Bill on the rights and freedoms that are guaranteed by the Canadian Charter of Rights and Freedoms.
Purpose
(2)The purpose of the statement is to inform members of the Senate and the House of Commons as well as the public of those potential effects.
Transitional Provisions
Hearing — subsection 278.‍3(5)
74Subsection 278.‍3(5) of the Criminal Code, as that subsection read immediately before the day on which section 24 comes into force, continues to apply in respect of any hearing referred to in that subsection that takes place on that day or within 60 days after that day.
Department of Justice Act
75Section 4.‍2 of the Department of Justice Act applies only with respect to a Bill introduced in or presented to either House of Parliament on or after the day on which section 73 comes into force.
Consequential Amendments
R.‍S.‍, c. C-47
Criminal Records Act
2010, c. 5, s. 9
76Subparagraph 2(a)‍(iv) of Schedule 1 to the Criminal Records Act is replaced by the following:
(iv)subsection163(1) (obscene materials),
2012, c. 1, s. 134
77Subparagraph 1(a)‍(iv) of Schedule 2 to the Act is replaced by the following:
(iv)subsection163(1) (obscene materials),
Coordinating Amendments
2014, c. 20
78(1)In this section, other Act means the Economic Action Plan 2014 Act, No. 1.
(2)On the first day on which both section 17 of this Act is in force and subsection 29(3) of the other Act has produced its effects, subparagraph (a)‍(ii) of the definition casino in section 244.‍1 of the Income Tax Act is replaced by the following:
(ii)in any other permanent establishment, conducts and manages games that are operated on or through a slot machine, as defined in subsection 207(4.‍01) of that Act, or any other similar electronic gaming device, if there are more than 50 of those machines or other devices in the establishment;
(3)On the first day on which both section 17 of this Act and subsection 256(3) of the other Act are in force, subparagraph 5(k)‍(ii) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following:
(ii)in any other permanent establishment, conducts and manages games that are operated on or through a slot machine, as defined in subsection 207(4.‍01) of the Criminal Code, or any other similar electronic gaming device, if there are more than 50 of those machines or other devices in the establishment;
Bill C-39
79(1)Subsections (2) and (3) apply if Bill C-39, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code (unconstitutional provisions) and to make consequential amendments to other Acts (in this section referred to as the other Act), receives royal assent.
(2)If section 66 of this Act comes into force before section 20 of the other Act, then that section 20 is repealed.
(3)If section 66 of this Act comes into force on the same day as section 20 of the other Act, then that section 20 is deemed never to have come into force and is repealed.
Bill C-337
80(1)Subsection (2) applies if Bill C-337, introduced in the 1st session of the 42nd Parliament and entitled the Judicial Accountability through Sexual Assault Law Training Act (in this section referred to as the other Act), receives royal assent.
(2)On the first day on which both section 25 of this Act and section 5 of the other Act are in force, section 278.‍92 of the Criminal Code, as enacted by section 5 of the other Act, is renumbered as section 278.‍98 and is repositioned accordingly. 
Coming into Force
First anniversary
81Sections 73 and 75 come into force on the first anniversary of the day on which this Act receives royal assent.
Published under authority of the Speaker of the House of Commons



explanatory notes
Criminal Code
Clause 1:Existing text of section 49:
49Every one who wilfully, in the presence of Her Majesty,
(a)does an act with intent to alarm Her Majesty or to break the public peace, or
(b)does an act that is intended or is likely to cause bodily harm to Her Majesty,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
Clause 2:Existing text of section 55:
55In proceedings for an offence against any provision in section 47 or sections 49 to 53, no evidence is admissible of an overt act unless that overt act is set out in the indictment or unless the evidence is otherwise relevant as tending to prove an overt act that is set out therein.
Clause 3:Existing text of subsection 57(3):
(3)Every one who without lawful excuse, the proof of which lies on him, has in his possession a forged passport or a passport in respect of which an offence under subsection (2) has been committed is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Clause 4:Existing text of section 71:
71Every one who
(a)challenges or attempts by any means to provoke another person to fight a duel,
(b)attempts to provoke a person to challenge another person to fight a duel, or
(c)accepts a challenge to fight a duel,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Clause 5:Existing text of section 82:
82(1)Every person who, without lawful excuse, the proof of which lies on the person, makes or has in the possession or under the care or control of the person any explosive substance is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
(2)Every person who, without lawful excuse, the proof of which lies on the person, makes or has in the possession or under the care or control of the person any explosive substance for the benefit of, at the direction of or in association with a criminal organization is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
Clause 6:Relevant portion of subsection 108(1):
108(1)Every person commits an offence who, without lawful excuse, the proof of which lies on the person,
Clause 7: (1) to (3)Relevant portion of section 125:
125Every one who
.‍.‍.
(c)keeps without lawful authority, the proof of which lies on him, a place for transacting or negotiating any business relating to
.‍.‍.
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Clause 8:Existing text of section 143:
143Every one who
(a)publicly advertises a reward for the return of anything that has been stolen or lost, and in the advertisement uses words to indicate that no questions will be asked if it is returned,
(b)uses words in a public advertisement to indicate that a reward will be given or paid for anything that has been stolen or lost, without interference with or inquiry about the person who produces it,
(c)promises or offers in a public advertisement to return to a person who has advanced money by way of loan on, or has bought, anything that has been stolen or lost, the money so advanced or paid, or any other sum of money for the return of that thing, or
(d)prints or publishes any advertisement referred to in paragraph (a), (b) or (c),
is guilty of an offence punishable on summary conviction.
Clause 9: (1) to (3)Relevant portion of subsection 145(1):
145(1)Every one who
.‍.‍.
(b)is, before the expiration of a term of imprisonment to which he was sentenced, at large in or out of Canada without lawful excuse, the proof of which lies on him,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years or is guilty of an offence punishable on summary conviction.
(4) to (6)Existing text of subsection 145(2):
(2)Every one who,
(a)being at large on his undertaking or recognizance given to or entered into before a justice or judge, fails, without lawful excuse, the proof of which lies on him, to attend court in accordance with the undertaking or recognizance, or
(b)having appeared before a court, justice or judge, fails, without lawful excuse, the proof of which lies on him, to attend court as thereafter required by the court, justice or judge,
or to surrender himself in accordance with an order of the court, justice or judge, as the case may be, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years or is guilty of an offence punishable on summary conviction.
(7)Relevant portion of subsection 145(3):
(3)Every person who is at large on an undertaking or recognizance given to or entered into before a justice or judge and is bound to comply with a condition of that undertaking or recognizance, and every person who is bound to comply with a direction under subsection 515(12) or 522(2.‍1) or an order under subsection 516(2), and who fails, without lawful excuse, the proof of which lies on them, to comply with the condition, direction or order is guilty of
(8) and (9)Relevant portion of subsection 145(4):
(4)Every one who is served with a summons and who fails, without lawful excuse, the proof of which lies on him, to appear at a time and place stated therein, if any, for the purposes of the Identification of Criminals Act or to attend court in accordance therewith, is guilty of
(10) and (11)Relevant portion of subsection 145(5):
(5)Every person who is named in an appearance notice or promise to appear, or in a recognizance entered into before an officer in charge or another peace officer, that has been confirmed by a justice under section 508 and who fails, without lawful excuse, the proof of which lies on the person, to appear at the time and place stated therein, if any, for the purposes of the Identification of Criminals Act, or to attend court in accordance therewith, is guilty of
(12)Relevant portion of subsection 145(5.‍1):
(5.‍1)Every person who, without lawful excuse, the proof of which lies on the person, fails to comply with any condition of an undertaking entered into pursuant to subsection 499(2) or 503(2.‍1)
Clause 10: (1) and (2)Relevant portion of subsection 153.‍1(3):
(3)No consent is obtained, for the purposes of this section, if
.‍.‍.
(b)the complainant is incapable of consenting to the activity;
(3)Existing text of subsection 153.‍1(4):
(4)Nothing in subsection (3) shall be construed as limiting the circumstances in which no consent is obtained.
(4) to (6)Relevant portion of subsection 153.‍1(5):
(5)It is not a defence to a charge under this section that the accused believed that the complainant consented to the activity that forms the subject-matter of the charge if
(a)the accused’s belief arose from the accused’s
(i)self-induced intoxication, or
(ii)recklessness or wilful blindness; or
Clause 11: (1)Existing text of subsection 163(1):
163(1)Every one commits an offence who
(a)makes, prints, publishes, distributes, circulates, or has in his possession for the purpose of publication, distribution or circulation any obscene written matter, picture, model, phonograph record or other thing whatever; or
(b)makes, prints, publishes, distributes, sells or has in his possession for the purpose of publication, distribution or circulation a crime comic.
(2) and (3)Relevant portion of subsection 163(2):
(2)Every one commits an offence who knowingly, without lawful justification or excuse,
(a)sells, exposes to public view or has in his possession for such a purpose any obscene written matter, picture, model, phonograph record or other thing whatever;
.‍.‍.
(c)offers to sell, advertises or publishes an advertisement of, or has for sale or disposal, any means, instructions, medicine, drug or article intended or represented as a method of causing abortion or miscarriage; or
(d)advertises or publishes an advertisement of any means, instructions, medicine, drug or article intended or represented as a method for restoring sexual virility or curing venereal diseases or diseases of the generative organs.
(4)Existing text of subsection 163(7):
(7)In this section, crime comic means a magazine, periodical or book that exclusively or substantially comprises matter depicting pictorially
(a)the commission of crimes, real or fictitious; or
(b)events connected with the commission of crimes, real or fictitious, whether occurring before or after the commission of the crime.
Clause 12: (1)Relevant portion of subsection 164(1):
164(1)A judge may issue a warrant authorizing seizure of copies of a recording, a publication, a representation or any written material, if the judge is satisfied by information on oath that there are reasonable grounds to believe that
.‍.‍.
(c)the publication, copies of which are kept for sale or distribution in premises within the jurisdiction of the court, is obscene or a crime comic, as defined in section 163;
(2)Existing text of subsections 164(3) to (5):
(3)The owner and the maker of the matter seized under subsection (1), and alleged to be obscene, a crime comic, child pornography, a voyeuristic recording, an intimate image or an advertisement of sexual services, may appear and be represented in the proceedings to oppose the making of an order for the forfeiture of the matter.
(4)If the court is satisfied, on a balance of probabilities, that the publication, representation, written material or recording referred to in subsection (1) is obscene, a crime comic, child pornography, a voyeuristic recording, an intimate image or an advertisement of sexual services, it may make an order declaring the matter forfeited to Her Majesty in right of the province in which the proceedings take place, for disposal as the Attorney General may direct.
(5)If the court is not satisfied that the publication, representation, written material or recording referred to in subsection (1) is obscene, a crime comic, child pornography, a voyeuristic recording, an intimate image or an advertisement of sexual services, it shall order that the matter be restored to the person from whom it was seized without delay after the time for final appeal has expired.
(3)Existing text of the definition:
crime comic has the same meaning as in section 163; (histoire illustrée de crime)
Clause 13:Existing text of section 165:
165Every one commits an offence who refuses to sell or supply to any other person copies of any publication for the reason only that the other person refuses to purchase or acquire from him copies of any other publication that the other person is apprehensive may be obscene or a crime comic.
Clause 14:Existing text of sections 176 to 178:
176(1)Every one who
(a)by threats or force, unlawfully obstructs or prevents or endeavours to obstruct or prevent a clergyman or minister from celebrating divine service or performing any other function in connection with his calling, or
(b)knowing that a clergyman or minister is about to perform, is on his way to perform or is returning from the performance of any of the duties or functions mentioned in paragraph (a)
(i)assaults or offers any violence to him, or
(ii)arrests him on a civil process, or under the pretence of executing a civil process,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
(2)Every one who wilfully disturbs or interrupts an assemblage of persons met for religious worship or for a moral, social or benevolent purpose is guilty of an offence punishable on summary conviction.
(3)Every one who, at or near a meeting referred to in subsection (2), wilfully does anything that disturbs the order or solemnity of the meeting is guilty of an offence punishable on summary conviction.
177Every one who, without lawful excuse, the proof of which lies on him, loiters or prowls at night on the property of another person near a dwelling-house situated on that property is guilty of an offence punishable on summary conviction.
178Every one other than a peace officer engaged in the discharge of his duty who has in his possession in a public place or who deposits, throws or injects or causes to be deposited, thrown or injected in, into or near any place,
(a)an offensive volatile substance that is likely to alarm, inconvenience, discommode or cause discomfort to any person or to cause damage to property, or
(b)a stink or stench bomb or device from which any substance mentioned in paragraph (a) is or is capable of being liberated,
is guilty of an offence punishable on summary conviction.
Clause 15:Relevant portion of the definition:
offence means an offence contrary to, any conspiracy or attempt to commit or being an accessory after the fact in relation to an offence contrary to, or any counselling in relation to an offence contrary to
(a)any of the following provisions of this Act, namely,
.‍.‍.
(xxviii)paragraph 163(1)‍(a) (obscene materials),
Clause 16:Existing text of section 198:
198(1)In proceedings under this Part,
(a)evidence that a peace officer who was authorized to enter a place was wilfully prevented from entering or was wilfully obstructed or delayed in entering is, in the absence of any evidence to the contrary, proof that the place is a disorderly house;
(b)evidence that a place was found to be equipped with gaming equipment or any device for concealing, removing or destroying gaming equipment is, in the absence of any evidence to the contrary, proof that the place is a common gaming house or a common betting house, as the case may be;
(c)evidence that gaming equipment was found in a place entered under a warrant issued pursuant to this Part, or on or about the person of anyone found therein, is, in the absence of any evidence to the contrary, proof that the place is a common gaming house and that the persons found therein were playing games, whether or not any person acting under the warrant observed any persons playing games therein; and
(d)evidence that a person was convicted of keeping a disorderly house is, for the purpose of proceedings against any one who is alleged to have been an inmate or to have been found in that house at the time the person committed the offence of which he was convicted, in the absence of any evidence to the contrary, proof that the house was, at that time, a disorderly house.
(2)For the purpose of proceedings under this Part, a place that is found to be equipped with a slot machine shall be conclusively presumed to be a common gaming house.
(3)In subsection (2), slot machine means any automatic machine or slot machine
(a)that is used or intended to be used for any purpose other than vending merchandise or services, or
(b)that is used or intended to be used for the purpose of vending merchandise or services if
(i)the result of one of any number of operations of the machine is a matter of chance or uncertainty to the operator,
(ii)as a result of a given number of successive operations by the operator the machine produces different results, or
(iii)on any operation of the machine it discharges or emits a slug or token,
but does not include an automatic machine or slot machine that dispenses as prizes only one or more free games on that machine.
Clause 17: (1)Relevant portion of subsection 207(4):
(4)In this section, lottery scheme means a game or any proposal, scheme, plan, means, device, contrivance or operation described in any of paragraphs 206(1)‍(a) to (g), whether or not it involves betting, pool selling or a pool system of betting other than
.‍.‍.
(c)for the purposes of paragraphs (1)‍(b) to (f), a game or proposal, scheme, plan, means, device, contrivance or operation described in any of paragraphs 206(1)‍(a) to (g) that is operated on or through a computer, video device or slot machine, within the meaning of subsection 198(3), or a dice game.
(2)Subsection 198(3) is renumbered as subsection 207(4.‍01). The amended text is underlined.
Clause 18:Relevant portion of subsection 215(2):
(2)Every one commits an offence who, being under a legal duty within the meaning of subsection (1), fails without lawful excuse, the proof of which lies on him, to perform that duty, if
Clause 19: (1) and (2)Relevant portion of subsection 273.‍1(2):
(2)No consent is obtained, for the purposes of sections 271, 272 and 273, where
.‍.‍.
(b)the complainant is incapable of consenting to the activity;
(3)Existing text of subsection 273.‍1(3):
(3)Nothing in subsection (2) shall be construed as limiting the circumstances in which no consent is obtained.
Clause 20: (1) to (3)Relevant portion of section 273.‍2:
273.‍2It is not a defence to a charge under section 271, 272 or 273 that the accused believed that the complainant consented to the activity that forms the subject-matter of the charge, where
(a)the accused’s belief arose from the accused’s
(i)self-induced intoxication, or
(ii)recklessness or wilful blindness; or
Clause 21: (1) and (2)Relevant portion of subsection 276(2):
(2)In proceedings in respect of an offence referred to in subsection (1), no evidence shall be adduced by or on behalf of the accused that the complainant has engaged in sexual activity other than the sexual activity that forms the subject-matter of the charge, whether with the accused or with any other person, unless the judge, provincial court judge or justice determines, in accordance with the procedures set out in sections 276.‍1 and 276.‍2, that the evidence
(a)is of specific instances of sexual activity;
.‍.‍.
(c)has significant probative value that is not substantially outweighed by the danger of prejudice to the proper administration of justice.
(3)New.
Clause 22:Existing text of sections 276.‍1 to 276.‍5:
276.‍1(1)Application may be made to the judge, provincial court judge or justice by or on behalf of the accused for a hearing under section 276.‍2 to determine whether evidence is admissible under subsection 276(2).
(2)An application referred to in subsection (1) must be made in writing and set out
(a)detailed particulars of the evidence that the accused seeks to adduce, and
(b)the relevance of that evidence to an issue at trial,
and a copy of the application must be given to the prosecutor and to the clerk of the court.
(3)The judge, provincial court judge or justice shall consider the application with the jury and the public excluded.
(4)Where the judge, provincial court judge or justice is satisfied
(a)that the application was made in accordance with subsection (2),
(b)that a copy of the application was given to the prosecutor and to the clerk of the court at least seven days previously, or such shorter interval as the judge, provincial court judge or justice may allow where the interests of justice so require, and
(c)that the evidence sought to be adduced is capable of being admissible under subsection 276(2),
the judge, provincial court judge or justice shall grant the application and hold a hearing under section 276.‍2 to determine whether the evidence is admissible under subsection 276(2).
276.‍2(1)At a hearing to determine whether evidence is admissible under subsection 276(2), the jury and the public shall be excluded.
(2)The complainant is not a compellable witness at the hearing.
(3)At the conclusion of the hearing, the judge, provincial court judge or justice shall determine whether the evidence, or any part thereof, is admissible under subsection 276(2) and shall provide reasons for that determination, and
(a)where not all of the evidence is to be admitted, the reasons must state the part of the evidence that is to be admitted;
(b)the reasons must state the factors referred to in subsection 276(3) that affected the determination; and
(c)where all or any part of the evidence is to be admitted, the reasons must state the manner in which that evidence is expected to be relevant to an issue at trial.
(4)The reasons provided under subsection (3) shall be entered in the record of the proceedings or, where the proceedings are not recorded, shall be provided in writing.
276.‍3(1)No person shall publish in any document, or broadcast or transmit in any way, any of the following:
(a)the contents of an application made under section 276.‍1;
(b)any evidence taken, the information given and the representations made at an application under section 276.‍1 or at a hearing under section 276.‍2;
(c)the decision of a judge or justice under subsection 276.‍1(4), unless the judge or justice, after taking into account the complain­ant’s right of privacy and the interests of justice, orders that the decision may be published, broadcast or transmitted; and
(d)the determination made and the reasons provided under section 276.‍2, unless
(i)that determination is that evidence is admissible, or
(ii)the judge or justice, after taking into account the complainant’s right of privacy and the interests of justice, orders that the determination and reasons may be published, broadcast or transmitted.
(2)Every person who contravenes subsection (1) is guilty of an offence punishable on summary conviction.
276.‍4Where evidence is admitted at trial pursuant to a determination made under section 276.‍2, the judge shall instruct the jury as to the uses that the jury may and may not make of that evidence.
276.‍5For the purposes of sections 675 and 676, a determination made under section 276.‍2 shall be deemed to be a question of law.
Clause 23:Existing text of section 278.‍1:
278.‍1For the purposes of sections 278.‍2 to 278.‍9, record means any form of record that contains personal information for which there is a reasonable expectation of privacy and includes, without limiting the generality of the foregoing, medical, psychiatric, therapeutic, counselling, education, employment, child welfare, adoption and social services records, personal journals and diaries, and records containing personal information the production or disclosure of which is protected by any other Act of Parliament or a provincial legislature, but does not include records made by persons responsible for the investigation or prosecution of the offence.
Clause 24:Existing text of subsection 278.‍3(5):
(5)The accused shall serve the application on the prosecutor, on the person who has possession or control of the record, on the complainant or witness, as the case may be, and on any other person to whom, to the knowledge of the accused, the record relates, at least 14 days before the hearing referred to in subsection 278.‍4(1) or any shorter interval that the judge may allow in the interests of justice. The accused shall also serve a subpoena issued under Part XXII in Form 16.‍1 on the person who has possession or control of the record at the same time as the application is served.
Clause 25:Sections 276.‍1 to 276.‍5 are renumbered as sections 278.‍93 to 278.‍97. The amended text is underlined.
Clause 26:Existing text of subsection 279(3):
(3)In proceedings under this section, the fact that the person in relation to whom the offence is alleged to have been committed did not resist is not a defence unless the accused proves that the failure to resist was not caused by threats, duress, force or exhibition of force.
Clause 27:Existing text of subsection 279.‍1(3):
(3)Subsection 279(3) applies to proceedings under this section as if the offence under this section were an offence under section 279.
Clause 28:Existing text of section 288:
288Every one who unlawfully supplies or procures a drug or other noxious thing or an instrument or thing, knowing that it is intended to be used or employed to procure the miscarriage of a female person, whether or not she is pregnant, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Clause 29: (1) to (3)Relevant portion of section 294:
294Every one who
(a)solemnizes or pretends to solemnize a marriage without lawful authority, the proof of which lies on him, or
.‍.‍.
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Clause 30:Existing text of section 296 and the heading before it:
Blasphemous Libel
296(1)Every one who publishes a blasphemous libel is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
(2)It is a question of fact whether or not any matter that is published is a blasphemous libel.
(3)No person shall be convicted of an offence under this section for expressing in good faith and in decent language, or attempting to establish by argument used in good faith and conveyed in decent language, an opinion on a religious subject.
Clause 31:Relevant portion of section 299:
299A person publishes a libel when he
.‍.‍.
(c)shows or delivers it, or causes it to be shown or delivered, with intent that it should be read or seen by the person whom it defames or by any other person.
Clause 32:Relevant portion of subsection 327(1):
327(1)Everyone who, without lawful excuse, makes, possesses, sells, offers for sale, imports, obtains for use, distributes or makes available a device that is designed or adapted primarily to use a telecommunication facility or obtain a telecommunication service without payment of a lawful charge, under circumstances that give rise to a reasonable inference that the device has been used or is or was intended to be used for that purpose, is
Clause 33:Existing text of section 337:
337Every one who, being or having been employed in the service of Her Majesty in right of Canada or a province, or in the service of a municipality, and entrusted by virtue of that employment with the receipt, custody, management or control of anything, refuses or fails to deliver it to a person who is authorized to demand it and does demand it is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
Clause 34:Relevant portion of subsection 342.‍2(1):
342.‍2(1)Everyone who, without lawful excuse, makes, possesses, sells, offers for sale, imports, obtains for use, distributes or makes available a device that is designed or adapted primarily to commit an offence under section 342.‍1 or 430, under circumstances that give rise to a reasonable inference that the device has been used or is or was intended to be used to commit such an offence, is
Clause 35:Existing text of subsection 349(1):
349(1)Every person who, without lawful excuse, the proof of which lies on that person, enters or is in a dwelling-house with intent to commit an indictable offence in it is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or of an offence punishable on summary conviction.
Clause 36:Relevant portion of section 350:
350For the purposes of sections 348 and 349,
.‍.‍.
(b)a person shall be deemed to have broken and entered if
.‍.‍.
(ii)he entered without lawful justification or excuse, the proof of which lies on him, by a permanent or temporary opening.
Clause 37:Relevant portion of subsection 351(1):
351(1)Every one who, without lawful excuse, the proof of which lies on them, has in their possession any instrument suitable for the purpose of breaking into any place, motor vehicle, vault or safe under circumstances that give rise to a reasonable inference that the instrument has been used or is or was intended to be used for such a purpose,
Clause 38:Existing text of section 352:
352Every one who, without lawful excuse, the proof of which lies on him, has in his possession any instrument suitable for breaking into a coin-operated device or a currency exchange device, under circumstances that give rise to a reasonable inference that the instrument has been used or is or was intended to be used for breaking into a coin-operated device or a currency exchange device, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Clause 39:Relevant portion of subsection 354(2):
(2)In proceedings in respect of an offence under subsection (1), evidence that a person has in his possession a motor vehicle the vehicle identification number of which has been wholly or partially removed or obliterated or a part of a motor vehicle being a part bearing a vehicle identification number that has been wholly or partially removed or obliterated is, in the absence of any evidence to the contrary, proof that the motor vehicle or part, as the case may be, was obtained, and that such person had the motor vehicle or part, as the case may be, in his possession knowing that it was obtained,
Clause 40:Existing text of sections 359 and 360:
359(1)Where an accused is charged with an offence under section 342 or 354 or paragraph 356(1)‍(b), evidence is admissible at any stage of the proceedings to show that property other than the property that is the subject-matter of the proceedings
(a)was found in the possession of the accused, and
(b)was stolen within twelve months before the proceedings were commenced,
and that evidence may be considered for the purpose of proving that the accused knew that the property that forms the subject-matter of the proceedings was stolen property.
(2)Subsection (1) does not apply unless
(a)at least three days notice in writing is given to the accused that in the proceedings it is intended to prove that property other than the property that is the subject-matter of the proceedings was found in his possession; and
(b)the notice sets out the nature or description of the property and describes the person from whom it is alleged to have been stolen.
360(1)Where an accused is charged with an offence under section 354 or paragraph 356(1)‍(b) and evidence is adduced that the subject-matter of the proceedings was found in his possession, evidence that the accused was, within five years before the proceedings were commenced, convicted of an offence involving theft or an offence under section 354 is admissible at any stage of the proceedings and may be taken into consideration for the purpose of proving that the accused knew that the property that forms the subject-matter of the proceedings was unlawfully obtained.
(2)Subsection (1) does not apply unless at least three days notice in writing is given to the accused that in the proceedings it is intended to prove the previous conviction.
Clause 41:Existing text of section 365:
365Every one who fraudulently
(a)pretends to exercise or to use any kind of witchcraft, sorcery, enchantment or conjuration,
(b)undertakes, for a consideration, to tell fortunes, or
(c)pretends from his skill in or knowledge of an occult or crafty science to discover where or in what manner anything that is supposed to have been stolen or lost may be found,
is guilty of an offence punishable on summary conviction.
Clause 42:Existing text of sections 370 and 371:
370Every one who knowingly
(a)prints any proclamation, order, regulation or appointment, or notice thereof, and causes it falsely to purport to have been printed by the Queen’s Printer for Canada or the Queen’s Printer for a province, or
(b)tenders in evidence a copy of any proclamation, order, regulation or appointment that falsely purports to have been printed by the Queen’s Printer for Canada or the Queen’s Printer for a province,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
371Everyone who, with intent to defraud, causes a message to be sent as if it were sent under the authority of another person, knowing that it is not sent under that authority and with intent that it should be acted on as if it were, is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.
Clause 43: (1) to (4)Relevant portion of subsection 376(1):
376(1)Every one who
.‍.‍.
(b)knowingly and without lawful excuse, the proof of which lies on him, has in his possession
.‍.‍.
(c)without lawful excuse, the proof of which lies on him, makes or knowingly has in his possession a die or instrument that is capable of making the impression of a stamp or part thereof,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
Clause 44:Existing text of section 402:
402(1)Every one who, being a trader or in business,
(a)is indebted in an amount exceeding one thousand dollars,
(b)is unable to pay his creditors in full, and
(c)has not kept books of account that, in the ordinary course of the trade or business in which he is engaged, are necessary to exhibit or explain his transactions,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
(2)No person shall be convicted of an offence under this section
(a)where, to the satisfaction of the court or judge, he
(i)accounts for his losses, and
(ii)shows that his failure to keep books was not intended to defraud his creditors; or
(b)where his failure to keep books occurred at a time more than five years prior to the day on which he was unable to pay his creditors in full.
Clause 45:Existing text of subsection 402.‍2(1):
402.‍2(1)Everyone commits an offence who knowingly obtains or possesses another person’s identity information in circumstances giving rise to a reasonable inference that the information is intended to be used to commit an indictable offence that includes fraud, deceit or falsehood as an element of the offence.
Clause 46:Existing text of sections 404 and 405:
404Every one who falsely, with intent to gain advantage for himself or some other person, personates a candidate at a competitive or qualifying examination held under the authority of law or in connection with a university, college or school or who knowingly avails himself of the results of such personation is guilty of an offence punishable on summary conviction.
405Every one who, without lawful authority or excuse, the proof of which lies on him, acknowledges, in the name of another person before a court or a judge or other person authorized to receive the acknowledgment, a recognizance of bail, a confession of judgment, a consent to judgment or a judgment, deed or other instrument is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Clause 47:Existing text of section 413:
413Every one who falsely represents that goods are made by a person holding a royal warrant, or for the service of Her Majesty, a member of the Royal Family or a public department is guilty of an offence punishable on summary conviction.
Clause 48: (1) to (3)Relevant portion of subsection 417(1):
417(1)Every one who,
(a)without lawful authority, the proof of which lies on him, applies a distinguishing mark to anything, or
.‍.‍.
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
(4)Relevant portion of subsection 417(2):
(2)Every one who, without lawful authority, the proof of which lies on him, receives, possesses, keeps, sells or delivers public stores that he knows bear a distinguishing mark is guilty of
Clause 49: (1) and (2)Relevant portion of section 419:
419Every one who without lawful authority, the proof of which lies on him,
.‍.‍.
is guilty of an offence punishable on summary conviction.
Clause 50:Existing text of the heading and section 427:
Trading Stamps
427(1)Every one who, by himself or his employee or agent, directly or indirectly issues, gives, sells or otherwise disposes of, or offers to issue, give, sell or otherwise dispose of trading stamps to a merchant or dealer in goods for use in his business is guilty of an offence punishable on summary conviction.
(2)Every one who, being a merchant or dealer in goods, by himself or his employee or agent, directly or indirectly gives or in any way disposes of, or offers to give or in any way dispose of, trading stamps to a person who purchases goods from him is guilty of an offence punishable on summary conviction.
Clause 51:Existing text of subsection 429(2):
(2)No person shall be convicted of an offence under sections 430 to 446 where he proves that he acted with legal justification or excuse and with colour of right.
Clause 52:Existing text of the heading and section 444:
Cattle and Other Animals
444(1)Every one commits an offence who wilfully
(a)kills, maims, wounds, poisons or injures cattle; or
(b)places poison in such a position that it may easily be consumed by cattle.
(2)Every one who commits an offence under subsection (1) is guilty of
(a)an indictable offence and liable to imprisonment for a term of not more than five years; or
(b)an offence punishable on summary conviction and liable to a fine not exceeding ten thousand dollars or to imprisonment for a term of not more than eighteen months or to both.
Clause 53:Existing text of subsection 445(1):
445(1)Every one commits an offence who, wilfully and without lawful excuse,
(a)kills, maims, wounds, poisons or injures dogs, birds or animals that are not cattle and are kept for a lawful purpose; or
(b)places poison in such a position that it may easily be consumed by dogs, birds or animals that are not cattle and are kept for a lawful purpose.
Clause 54:Relevant portion of subsection 447.‍1(1):
447.‍1(1)The court may, in addition to any other sentence that it may impose under subsection 444(2), 445(2), 445.‍1(2), 446(2) or 447(2),
Clause 55:Existing text of section 450:
450Every one who, without lawful justification or excuse, the proof of which lies on him,
(a)buys, receives or offers to buy or receive,
(b)has in his custody or possession, or
(c)introduces into Canada,
counterfeit money is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
Clause 56: (1) and (2)Relevant portion of section 451:
451Every one who, without lawful justification or excuse, the proof of which lies on him, has in his custody or possession
.‍.‍.
produced or obtained by impairing, diminishing or lightening a current gold or silver coin, knowing that it has been so produced or obtained, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Clause 57: (1) and (2)Relevant portion of section 452:
452Every one who, without lawful justification or excuse, the proof of which lies on him,
.‍.‍.
is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
Clause 58:Existing text of section 454:
454Every one who without lawful excuse, the proof of which lies on him,
(a)manufactures, produces or sells, or
(b)has in his possession
anything that is intended to be fraudulently used in substitution for a coin or token of value that any coin or token-operated device is designed to receive is guilty of an offence punishable on summary conviction.
Clause 59:Existing text of section 458:
458Every one who, without lawful justification or excuse, the proof of which lies on him,
(a)makes or repairs,
(b)begins or proceeds to make or repair,
(c)buys or sells, or
(d)has in his custody or possession,
any machine, engine, tool, instrument, material or thing that he knows has been used or that he knows is adapted and intended for use in making counterfeit money or counterfeit tokens of value is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
Clause 60: (1) and (2)Relevant portion of section 459:
459Every one who, without lawful justification or excuse, the proof of which lies on him, knowingly conveys out of any of Her Majesty’s mints in Canada,
.‍.‍.
is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
Clause 61:Relevant portion of section 469:
469Every court of criminal jurisdiction has jurisdiction to try an indictable offence other than
(a)an offence under any of the following sections:
.‍.‍.
(ii)section 49 (alarming Her Majesty),
Clause 62:Existing text of subsection 517(2):
(2)Every one who fails without lawful excuse, the proof of which lies on him, to comply with an order made under subsection (1) is guilty of an offence punishable on summary conviction.
Clause 63:Existing text of subsection 581(4):
(4)Where an accused is charged with an offence under section 47 or sections 49 to 53, every overt act that is to be relied on shall be stated in the indictment.
Clause 64:Existing text of subsection 584(1):
584(1)No count for publishing a blasphemous, seditious or defamatory libel, or for selling or exhibiting an obscene book, pamphlet, newspaper or other written matter, is insufficient by reason only that it does not set out the words that are alleged to be libellous or the writing that is alleged to be obscene.
Clause 65:Existing text of subsection 601(9):
(9)The authority of a court to amend indictments does not authorize the court to add to the overt acts stated in an indictment for high treason or treason or for an offence against any provision in sections 49, 50, 51 and 53.
Clause 66:Existing text of subsection 719(3.‍1):
(3.‍1)Despite subsection (3), if the circumstances justify it, the maximum is one and one-half days for each day spent in custody unless the reason for detaining the person in custody was stated in the record under subsection 515(9.‍1) or the person was detained in custody under subsection 524(4) or (8).
Clause 67:Relevant portion of subsection 743.‍21(2):
(2)Every person who fails, without lawful excuse, the proof of which lies on that person, to comply with the order
Clause 68:Existing text of subsection 794(2):
(2)The burden of proving that an exception, exemption, proviso, excuse or qualification prescribed by law operates in favour of the defendant is on the defendant, and the prosecutor is not required, except by way of rebuttal, to prove that the exception, exemption, proviso, excuse or qualification does not operate in favour of the defendant, whether or not it is set out in the information.
Department of Justice Act
Clause 73:New.

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