``computer password''
« mot de passe »

``computer password'' means any data by which a computer service or computer system is capable of being obtained or used;

``traffic''
« trafic »

``traffic'' means, in respect of a computer password, to sell, export from or import into Canada, distribute or deal with in any other way.

19. The Act is amended by adding the following after subsection 342.1:

Possession of device to obtain computer service

342.2 (1) Every person who, without lawful justification or excuse, makes, possesses, sells, offers for sale or distributes any instrument or device or any component thereof, the design of which renders it primarily useful for committing an offence under section 342.1, under circumstances that give rise to a reason able inference that the instrument, device or component has been used or is or was intended to be used to commit an offence contrary to that section,

    (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or

    (b) is guilty of an offence punishable on summary conviction.

Forfeiture

(2) Where a person is convicted of an offence under subsection (1), any instrument or device, in relation to which the offence was committed or the possession of which constituted the offence, may, in addition to any other punishment that may be imposed, be ordered forfeited to Her Majesty, whereupon it may be disposed of as the Attorney General directs.

Limitation

(3) No order of forfeiture may be made under subsection (2) in respect of any thing that is the property of a person who was not a party to the offence under subsection (1).

20. The portion of subsection 348(1) of the Act after paragraph (c) is replaced by the following:

is guilty

    (d) if the offence is committed in relation to a dwelling-house, of an indictable offence and liable to imprisonment for life, and

    (e) if the offence is committed in relation to a place other than a dwelling-house, of an indictable offence and liable to imprisonment for a term not exceeding ten years or of an offence punishable on summary conviction.

21. Subsection 349(1) of the Act is replaced by the following:

Being unlawfully in dwelling-
house

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 imprison ment for a term not exceeding ten years or of an offence punishable on summary conviction.

22. (1) Section 353 of the Act is amended by adding the following after subsection (1):

Exception

(1.1) A police officer specially authorized by the chief of the police force to possess an automobile master key is not guilty of an offence under subsection (1) by reason only that the police officer possesses an automobile master key for the purposes of the execution of the police officer's duties.

(2) Subsection 353(2) of the Act is replaced by the following:

Terms and conditions of licence

(2) A licence issued by the Attorney General of a province as described in paragraph (1)(a) or (b) may contain such terms and conditions relating to the sale, offering for sale, advertising, purchasing, having in possession or use of an automobile master key as the Attorney General of that province may prescribe.

Fees

(2.1) The Attorney General of a province may prescribe fees for the issue or renewal of licences as described in paragraph (1)(a) or (b).

(3) Subsection 353(5) of the Act is replaced by the following:

Definitions

(5) The definitions in this subsection apply in this section.

``automobile master key''
« passe-
partout d'automo-
bile
»

``automobile master key'' includes a key, pick, rocker key or other instrument de signed or adapted to operate the ignition or other switches or locks of a series of motor vehicles.

``licence''
« licence »

``licence'' includes any authorization.

23. Section 354 of the Act is amended by adding the following after subsection (3):

Exception

(4) A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under this section by reason only that the peace officer or person possesses property or a thing or the proceeds of property or a thing mentioned in subsection (1) for the purposes of an investigation or otherwise in the execution of the peace officer's duties.

1994, c. 44, s. 24

24. Section 367 of the Act is replaced by the following:

Punishment for forgery

367. Every one who commits forgery

    (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

    (b) is guilty of an offence punishable on summary conviction.

25. The portion of subsection 368(1) of the Act after paragraph (b) is replaced by the following:

as if the document were genuine,

    (c) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

    (d) is guilty of an offence punishable on summary conviction.

26. The portion of subsection 380(1) of the Act before paragraph (a) is replaced by the following:

Fraud

380. (1) Every one who, by deceit, false hood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,

27. Paragraph (a) of the definition ``en terprise crime offence'' in section 462.3 of the Act is amended by adding the following after subparagraph (vii):

      (vii.1) paragraph 206(1)(e) (money in crement schemes, etc.),

R.S., c. 42 (4th Supp.), s. 2

28. (1) The portion of subsection 462.31(1) of the Act before paragraph (a) is replaced by the following:

Laundering proceeds of crime

462.31 (1) Every one commits an offence who uses, transfers the possession of, sends or delivers to any person or place, transports, transmits, alters, disposes of or otherwise deals with, in any manner and by any means, any property or any proceeds of any property with intent to conceal or convert that property or those proceeds, knowing or believing that all or a part of that property or of those proceeds was obtained or derived directly or indirectly as a result of

(2) Section 462.31 of the Act is amended by adding the following after subsection (2):

Exception

(3) A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under subsection (1) if the peace officer or person does any of the things mentioned in that subsection for the purposes of an investigation or otherwise in the execu tion of the peace officer's duties.

R.S., c. 42 (4th Supp.), s. 2

29. Subsections 462.32(1) and (2) of the Act are replaced by the following:

Special search warrant

462.32 (1) Subject to subsection (3), where a judge, on application of the Attorney General, is satisfied by information on oath in Form 1 that there are reasonable grounds to believe that there is in any building, receptacle or place, within the province in which the judge has jurisdiction or any other province, any property in respect of which an order of forfeiture may be made under subsection 462.37(1) or 462.38(2), in respect of an enterprise crime offence alleged to have been committed within the province in which the judge has jurisdiction, the judge may issue a warrant authorizing a person named therein or a peace officer to search the building, recep tacle or place for that property and to seize that property and any other property in respect of which that person or peace officer believes, on reasonable grounds, that an order of forfeiture may be made under that subsection.

Procedure

(2) An application for a warrant under subsection (1) may be made ex parte, shall be made in writing and shall include a statement as to whether any previous applications have been made under subsection (1) with respect to the property that is the subject of the application.

Execution of warrant

(2.1) Subject to subsection (2.2), a warrant issued pursuant to subsection (1) may be executed anywhere in Canada.

Execution in another province

(2.2) Where a warrant is issued under subsection (1) in one province but it may be reasonably expected that it is to be executed in another province and the execution of the warrant would require entry into or on the property of any person in the other province, a judge in the other province may, on ex parte application, confirm the warrant, and when the warrant is so confirmed it shall have full force and effect in that other province as though it had originally been issued in that province.

30. (1) Subsection 462.33(2) of the Act is amended by striking out the word ``and'' at the end of paragraph (c), by adding the word ``and'' at the end of paragraph (d) and by adding the following after paragraph (d):

    (e) whether any previous applications have been made under this section with respect to the property.

R.S., c. 42 (4th Supp.), s. 2

(2) The portion of subsection 462.33(3) of the Act before paragraph (a) is replaced by the following:

Restraint order

(3) Where an application for a restraint order is made to a judge under subsection (1), the judge may, if satisfied that there are reasonable grounds to believe that there exists within the province in which the judge has jurisdiction or any other province, any proper ty in respect of which an order of forfeiture may be made under subsection 462.37(1) or 462.38(2), in respect of an enterprise crime offence alleged to have been committed within the province in which the judge has jurisdiction, make an order

(3) Section 462.33 of the Act is amended by adding the following after subsection (3):

Execution in another province

(3.01) Subsections 462.32(2.1) and (2.2) apply, with such modifications as the circum stances require, in respect of a restraint order.

R.S., c. 42 (4th Supp.), s. 2

31. (1) Paragraph 462.34(4)(c) of the Act is replaced by the following:

    (c) for the purpose of

      (i) meeting the reasonable living ex penses of the person who was in posses sion of the property at the time the warrant was executed or the order was made or any person who, in the opinion of the judge, has a valid interest in the property and of the dependants of that person,

      (ii) meeting the reasonable business and legal expenses of a person referred to in subparagraph (i), or

      (iii) permitting the use of the property in order to enter into a recognizance under Part XVI,

    if the judge is satisfied that the applicant has no other assets or means available for the purposes set out in this paragraph and that no other person appears to be the lawful owner of or lawfully entitled to possession of the property.

R.S., c. 42 (4th Supp.), s. 2

(2) Subsection 462.34(5) of the Act is replaced by the following:

Hearing

(5) For the purpose of determining the reasonableness of legal expenses referred to in subparagraph (4)(c)(ii), a judge shall hold an in camera hearing, without the presence of the Attorney General, and shall take into account the legal aid tariff of the province.

Expenses

(5.1) For the purpose of determining the reasonableness of expenses referred to in paragraph (4)(c), the Attorney General may

    (a) at the hearing of the application, make representations as to what would constitute the reasonableness of the expenses, other than legal expenses; and

    (b) before or after the hearing of the application held in camera pursuant to subsection (5), make representations as to what would constitute reasonable legal expenses referred to in subparagraph (4)(c)(ii).

Taxing legal fees

(5.2) The judge who made an order under paragraph (4)(c) may, and on the application of the Attorney General shall, tax the legal fees forming part of the legal expenses referred to in subparagraph (4)(c)(ii) and, in so doing, shall take into account

    (a) the value of property in respect of which an order of forfeiture may be made;

    (b) the complexity of the proceedings giving rise to those legal expenses;

    (c) the importance of the issues involved in those proceedings;

    (d) the duration of any hearings held in respect of those proceedings;

    (e) whether any stage of those proceedings was improper or vexatious;

    (f) any representations made by the Attor ney General; and

    (g) any other relevant matter.

R.S., c. 42 (4th Supp.), s. 2

(3) Paragraph 462.34(6)(b) of the Act is replaced by the following:

    (b) in any other case, that the applicant is the lawful owner of or lawfully entitled to possession of the property and appears innocent of any complicity in an enterprise crime offence or designated drug offence or of any collusion in relation to such an offence, and that no other person appears to be the lawful owner of or lawfully entitled to possession of the property,

32. The Act is amended by adding the following after section 462.34:

Application of property restitution provisions

462.341 (1) Subsection 462.34(2), para graph 462.34(4)(c) and subsections 462.34(5), (5.1) and (5.2) apply, with such modifications as the circumstances require, in respect of a person who has an interest in money or banknotes that are seized under this Act, the Food and Drugs Act or the Narcotic Control Act and in respect of which proceedings may be taken under subsection 462.37(1) or 462.38(2).

R.S., c. 42 (4th Supp.), s. 2

33. Section 462.35 of the Act is replaced by the following:

Expiration of special warrants and restraint orders

462.35 (1) Subject to this section, where property has been seized under a warrant issued pursuant to section 462.32 or a restraint order has been made under section 462.33 in relation to property, the property may be detained or the order may continue in force, as the case may be, for a period not exceeding six months from the seizure or the making of the order, as the case may be.

Where proceedings instituted

(2) The property may continue to be detained, or the order may continue in force, for a period that exceeds six months if proceedings are instituted in respect of which the thing detained may be forfeited.

Where application made

(3) The property may continue to be detained or the order may continue in force for a period or periods that exceed six months if the continuation is, on application made by the Attorney General, ordered by a judge, where the judge is satisfied that the property is required, after the expiration of the period or periods, for the purpose of section 462.37 or 462.38 or any other provision of this or any other Act of Parliament respecting forfeiture or for the purpose of any investigation or as evidence in any proceeding.

34. The Act is amended by adding the following after section 462.37:

Definition of ``order''

462.371 (1) In this section, ``order'' means an order made under section 462.37 or 462.38.

Execution

(2) An order may be executed anywhere in Canada.

Filing of order from another province

(3) Where the Attorney General of a province in which property that is the subject of an order made in another province is situated receives a certified copy of the order and files it with the superior court of criminal jurisdiction of the province in which the property is situated, the order shall be entered as a judgment of that court.

Attorney General of Canada

(4) Where the Attorney General of Canada receives a certified copy of an order made in a province in respect of property situated in another province and files the order with the superior court of criminal jurisdiction of the province in which the property is situated, the order shall be entered as a judgment of that court.

Effect of registered order

(5) An order has, from the date it is filed in a court of a province under subsection (3) or (4), the same effect as if it had been an order originally made by that court.