Bill C-379
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1st Session, 41st Parliament,
60 Elizabeth II, 2011
house of commons of canada
BILL C-379
An Act to amend the Criminal Code (visual recording of persons in their residence)
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Short title
1. This Act may be cited as the Protecting Canadians' Personal Privacy Act.
R.S., c. C-46
CRIMINAL CODE
2. The Criminal Code is amended by adding the following after section 183:
Surveillance of Another Person in his or her Residence
Definitions
183.01 (1) The following definitions apply in this section.
“lawful excuse”
« excuse légitime »
« excuse légitime »
“lawful excuse” means a person’s reasonable belief that unlawful conduct is taking place in or on another person’s residence, but does not include a person’s reasonable belief that trespass is occurring in or on his or her residence.
“residence”
« résidence »
« résidence »
“residence” means a dwelling-house as defined in section 2, including any real property on which it is situated.
“visual recording”
« enregistrement visuel »
« enregistrement visuel »
“visual recording” means a photographic, film or video recording made by any means.
Visual recording of another person in his or her residence
(2) Every one commits an offence who, without lawful excuse or authorization, wilfully or recklessly makes or attempts to make a visual recording of another person in or on his or her residence without his or her consent, whether or not it obstructs, interrupts or interferes with that person’s privacy or lawful use, enjoyment or operation of his or her residence.
Exemption
(3) Subsection (2) does not apply to a peace officer who, under the authority of a warrant issued under section 487.01, is carrying out any activity referred to in that subsection.
Printing, publication, etc., of recordings
(4) Every one commits an offence who, prints, copies, publishes, distributes, circulates, sells, advertises or makes available a visual recording that was obtained by the commission of an offence under subsection (2) or has that recording in his or her possession for the purpose of printing, copying, publishing, distributing, circulating, selling or advertising it or making it available.
Punishment
(5) Everyone who commits an offence under subsections (2) or (4)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.
Published under authority of the Speaker of the House of Commons