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Bill C-385

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Second Session, Fortieth Parliament,
57-58 Elizabeth II, 2009
BILL C-385
An Act to amend the Criminal Code (computer virus programs)

first reading, May 13, 2009

Ms. Jennings


This enactment amends subsection 342.2(1) of the Criminal Code in order to clarify that the creation, sale or possession of a computer virus program for the purpose of committing a computer offence or mischief is an offence under Canadian law.

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2nd Session, 40th Parliament,
57-58 Elizabeth II, 2009
house of commons of canada
BILL C-385
An Act to amend the Criminal Code (computer virus programs)
R.S., c. C-46
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. The portion of subsection 324.2(1) of the Criminal Code before paragraph (a) is replaced by the following:
Misuse of instrument or device
342.2 (1) Every person who, without lawful justification or excuse, makes, possesses, obtains for use, imports, sells, offers for sale, distributes, or makes available any instrument or device, including a computer program within the meaning of subsection 342.1(2), or any component thereof, the design of which renders it primarily useful for committing an offence under section 342.1 or section 430 in relation to data or a computer system within the meaning of subsection 342.1(2), under circumstances that give rise to a reasonable inference that the instrument, device, computer program or component has been used or is or was intended to be used to commit an offence contrary to section 342.1 or section 430,
Published under authority of the Speaker of the House of Commons
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