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Bill C-75

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First Session, Forty-second Parliament,
64-65-66-67 Elizabeth II, 2015-2016-2017-2018
HOUSE OF COMMONS OF CANADA
BILL C-75
An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts
FIRST READING, March 29, 2018
MINISTER OF JUSTICE
90870


SUMMARY
This enactment amends the Criminal Code to, among other things,
(a)modernize and clarify interim release provisions to simplify the forms of release that may be imposed on an accused, incorporate a principle of restraint and require that particular attention be given to the circumstances of Aboriginal accused and accused from vulnerable populations when making interim release decisions, and provide more onerous interim release requirements for offences involving violence against an intimate partner;
(b)provide for a judicial referral hearing to deal with administration of justice offences involving a failure to comply with conditions of release or failure to appear as required;
(c)abolish peremptory challenges of jurors, modify the process of challenging a juror for cause so that a judge makes the determination of whether a ground of challenge is true, and allow a judge to direct that a juror stand by for reasons of maintaining public confidence in the administration of justice;
(d)increase the maximum term of imprisonment for repeat offences involving intimate partner violence and provide that abuse of an intimate partner is an aggravating factor on sentencing;
(e)restrict the availability of a preliminary inquiry to offences punishable by imprisonment for life and strengthen the justice’s powers to limit the issues explored and witnesses to be heard at the inquiry;
(f)hybridize most indictable offences punishable by a maximum penalty of 10 years or less, increase the default maximum penalty to two years less a day of imprisonment for summary conviction offences and extend the limitation period for summary conviction offences to 12 months;
(g)remove the requirement for judicial endorsement for the execution of certain out-of-province warrants and authorizations, expand judicial case management powers, allow receiving routine police evidence in writing, consolidate provisions relating to the powers of the Attorney General and allow increased use of technology to facilitate remote attendance by any person in a proceeding;
(h)allow the court to exempt an offender from the requirement to pay a victim surcharge if the offender satisfies the court that the payment would cause the offender undue hardship, provide the court with guidance as to what constitutes undue hardship, provide that a victim surcharge is to be paid for each offence, with an exception for certain administration of justice offences if the total amount of surcharges imposed on an offender for those types of offences would be disproportionate in the circumstances, require courts to provide reasons for granting any exception for certain administration of justice offences or any exemption from the requirement to pay a victim surcharge and clarify that the amendments described in this paragraph apply to any offender who is sentenced after the day on which they come into force, regardless of whether or not the offence was committed before that day; and 
(i)remove passages and repeal provisions that have been ruled unconstitutional by the Supreme Court of Canada, repeal section 159 of the Act and provide that no person shall be convicted of any historical offence of a sexual nature unless the act that constitutes the offence would constitute an offence under the Criminal Code if it were committed on the day on which the charge was laid.
The enactment also amends the Youth Criminal Justice Act in order to reduce delays within the youth criminal justice system and enhance the effectiveness of that system with respect to administration of justice offences. For those purposes, the enactment amends that Act to, among other things,
(a)set out principles intended to encourage the use of extrajudicial measures and judicial reviews as alternatives to the laying of charges for administration of justice offences;
(b)set out requirements for imposing conditions on a young person’s release order or as part of a sentence;
(c)limit the circumstances in which a custodial sentence may be imposed for an administration of justice offence;
(d)remove the requirement for the Attorney General to determine whether to seek an adult sentence in certain circumstances; and
(e)remove the power of a youth justice court to make an order to lift the ban on publication in the case of a young person who receives a youth sentence for a violent offence, as well as the requirement to determine whether to make such an order.
Finally, the enactment amends among other Acts An Act to amend the Criminal Code (exploitation and trafficking in persons) so that certain sections of that Act can come into force on different days and also makes consequential amendments to other Acts.
Available on the House of Commons website at the following address:
www.ourcommons.ca


1st Session, 42nd Parliament,
64-65-66-67 Elizabeth II, 2015-2016-2017-2018
HOUSE OF COMMONS OF CANADA
BILL C-75
An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts
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

Amendments to the Act

2001, c. 41, s. 2(1); 2002, c. 7, s. 137(1); 2005, c. 40, s. 1(2) and s. 7; 2013, c. 13, s. 2(1); 2014, c. 23, s. 2; 2015, c. 3, s. 44(4)‍(E) and c. 20, s. 15(1)
1(1)The definition Attorney General in section 2 of the Criminal Code is replaced by the following:
Attorney General
(a)with respect to proceedings to which this Act applies, means the Attorney General or Solicitor General of the province in which those proceedings are taken and includes his or her lawful deputy or, if those proceedings are referred to in subsection 2.3(1), the Attorney General of Canada or the Attorney General or Solicitor General of the province in which those proceedings are taken and includes the lawful deputy of any of them,
(b)means the Attorney General of Canada and includes his or her lawful deputy with respect to
(i)Yukon, the Northwest Territories and Nunavut, or
(ii)proceedings commenced at the instance of the Government of Canada and conducted by or on behalf of that Government in respect of an offence under any Act of Parliament — other than this Act or the Canada Elections Act — or any regulation made under such an Act, and
(c)means the Director of Public Prosecutions appointed under subsection 3(1) of the Director of Public Prosecutions Act with respect to proceedings in relation to an offence under the Canada Elections Act; (procureur général)
(2)Section 2 of the Act is amended by adding the following in alphabetical order:
audioconference means any means of telecommunication that allows the judge or justice and any individual to communicate orally in a proceeding; (audioconférence)
videoconference means any means of telecommunication that allows the judge, justice or chairperson of a Review Board, as defined in subsection 672.1(1), and any individual to engage in simultaneous visual and oral communication in a proceeding; (vidéoconférence)
(3)Section 2 of the Act is amended by adding the following in alphabetical order:
appearance notice means a notice in Form 9 issued by a peace officer; (citation à comparaître)
intimate partner with respect to a person, includes their current or former spouse, common-law partner and dating partner; (partenaire intime)
recognizance means a recognizance in Form 32 entered into before a judge or justice; (engagement)
release order means an order in Form 11 made by a judge as defined in section 493 or a justice; (ordonnance de mise en liberté)
summons means a summons in Form 6 issued by a judge or justice or by the chairperson of a Review Board as defined in subsection 672.1(1); (sommation)
undertaking means, unless a contrary intention appears, an undertaking in Form 10 given to a peace officer; (promesse)
2The Act is amended by adding the following after section 2.2:
Concurrent jurisdiction
2.3(1)The proceedings for the purposes of paragraph (a) of the definition Attorney General in section 2 are
(a)proceedings in relation to an offence under subsection 7(2.01), (2.3) or (2.31) or section 57, 58, 83.12, 103, 104, 121.1, 380, 382, 382.1, 400, 424.1, 431.1, 467.11 or 467.111 or in relation to any terrorism offence;
(b)proceedings in relation to an offence against a member of United Nations personnel or associated personnel under section 235, 236, 266 to 269, 269.1, 271 to 273, 279 or 279.1;
(c)proceedings in relation to an offence referred to in subsection 7(3.71) or in relation to an offence referred to in paragraph (a) of the definition terrorist activity in subsection 83.01(1) if the act or omission constituting the offence was committed outside Canada and is deemed under any of subsections 7(2), (2.1) to (2.21), (3), (3.1), (3.72) and (3.73) to have been committed in Canada;
(d)proceedings in relation to an offence if the act or omission constituting the offence is a terrorist activity referred to in paragraph (b) of the definition terrorist activity in subsection 83.01(1) and was committed outside Canada and is deemed by virtue of subsection 7(3.74) or (3.75) to have been committed in Canada;
(e)a proceeding in relation to an offence under section 811 that arises out of a breach of a recognizance made under section 810.01 or 810.011, if he or she has given consent to the information referred to in those sections; and
(f)proceedings under section 83.13, 83.14, 83.222, 83.223, 83.28, 83.29 or 83.3.
For greater certainty — Attorney General of Canada
(2)For greater certainty, the Attorney General of Canada or his or her lawful deputy may, in respect of an offence referred to in subsection (1) or an offence under any Act of Parliament — other than this Act or the Canada Elections Act — or any regulation made under such an Act, exercise all the powers and perform all the duties and functions assigned to the Attorney General by or under this Act, and those powers include the power to commence and to conduct
(a)a proceeding for conspiring or attempting to commit such an offence or for being an accessory after the fact or counselling a person to be a party to such an offence;
(b)a proceeding in relation to a criminal organization offence that arises out of conduct that relates, in whole or in part, to any offence for which he or she has the power to commence and to conduct a proceeding;
(c)a proceeding in relation to an offence referred to in section 354, 355.2, 355.4 or 462.31 that arises out of conduct that relates, in whole or in part, to any offence for which he or she has the power to commence and to conduct a proceeding or out of any act or omission that, if it had occurred in Canada, would have constituted such an offence;
(d)a proceeding for the breach of any court order made in the course of a proceeding commenced or conducted by him or her;
(e)a proceeding for the failure to comply with any condition associated with the release of a person by a peace officer or other competent authority — including a condition to appear at a specified time and place — in relation to any offence for which he or she has the power to commence and to conduct a proceeding; and
(f)any ancillary proceedings in relation to any offence for which he or she has the power to commence and to conduct a proceeding.
For greater certainty — Director of Public Prosecutions
(3)For greater certainty, in respect of an offence under the Canada Elections Act, the Director of Public Prosecutions, subject to the Director of Public Prosecutions Act, exercises the powers and performs the duties and functions of the Attorney General of Canada referred to in subsection (2).
2002, c. 13, s. 2
3Section 3.1 of the Act is renumbered as subsection 3.1(1) and is amended by adding the following:
Clerk of the court
(2)Unless otherwise provided or ordered, if anything is done from the bench by a court, justice or judge and it is reduced to writing, the clerk of the court may sign the writing.
1999, c. 35, s. 11
4(1)Subsection 7(2.32) of the Act is repealed.
2001, c. 27, s. 244; 2012, c. 1, s. 10; 2014, c. 25, s. 3
(2)Subsection 7(4.1) of the Act is replaced by the following:
Offence in relation to sexual offences against children
(4.1)Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that if committed in Canada would be an offence against section 151, 152, 153 or 155, subsection 160(2) or (3), section 163.1, 170, 171, 171.1, 172.1, 172.2 or 173 or subsection 286.1(2) shall be deemed to commit that act or omission in Canada if the person who commits the act or omission is a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act.
5Section 20 of the Act is replaced by the following:
Certain acts on holidays valid
20A warrant, summons, appearance notice, undertaking, release order or recognizance that is authorized by this Act may be executed, issued, given or entered into, as the case may be, on a holiday.
6(1)The portion of subsection 52(1) of the Act before paragraph (a) is replaced by the following:
Sabotage
52(1)Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who does a prohibited act for a purpose prejudicial to
(2)The portion of subsection 52(1) of the English version of the Act after paragraph (b) is repealed.
7Subsection 57(3) of the Act is replaced by the following:
Possession of forged, etc.‍, passport
(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
(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.
8(1)The portion of subsection 58(1) of the Act before paragraph (a) is replaced by the following:
Fraudulent use of certificate of citizenship
58(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, while in or outside Canada,
(2)The portion of subsection 58(1) of the English version of the Act after paragraph (b) is repealed.
9(1)The portion of subsection 62(1) of the Act before paragraph (a) is replaced by the following:
Offences in relation to military forces
62(1)Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who intentionally
(2)The portion of subsection 62(1) of the English version of the Act after paragraph (c) is repealed.
2013, c. 15, s. 2
10Section 65 of the Act is replaced by the following:
Punishment of rioter
65(1)Every person who takes part in a riot is guilty of
(a)an indictable offence and liable to imprisonment for a term of not more than two years; or
(b)an offence punishable on summary conviction.
Concealment of identity
(2)Every person who commits an offence under subsection (1) while wearing a mask or other disguise to conceal their identity without lawful excuse is guilty of
(a)an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b)an offence punishable on summary conviction.
11Section 69 of the Act is replaced by the following:
Neglect by peace officer
69A peace officer who receives notice that there is a riot within their jurisdiction and, without reasonable excuse, fails to take all reasonable steps to suppress the riot is guilty of
(a)an indictable offence and liable to imprisonment for a term of not more than two years; or
(b)an offence punishable on summary conviction.
12Subsection 70(3) of the Act is replaced by the following:
Punishment
(3)Every person who contravenes an order made under this section 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.
R.‍S.‍, c. 27 (1st Supp.‍), s. 11; 1992, c. 1, s. 58(1) (Sch. I, s. 2)
13Paragraphs 73(a) and (b) of the Act are replaced by the following:
(a)an indictable offence and liable to imprisonment for a term of not more than two years; or
(b)an offence punishable on summary conviction.
1997, c. 23, s. 2
14Subsection 82(1) 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
(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.
2001, c. 41, s. 4
15(1)The portion of section 83.02 of the Act before paragraph (a) is replaced by the following:
Providing or collecting property for certain activities
83.02Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who, directly or indirectly, wilfully and without lawful justification or excuse, provides or collects property intending that it be used or knowing that it will be used, in whole or in part, in order to carry out
2001, c. 41, s. 4
(2)The portion of section 83.02 of the English version of the Act after paragraph (b) is repealed.
2001, c. 41, s. 4
16(1)The portion of section 83.03 of the Act before paragraph (a) is replaced by the following:
Providing, making available, etc.‍, property or services for terrorist purposes
83.03Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who, directly or indirectly, collects property, provides or invites a person to provide, or makes available property or financial or other related services
2001, c. 41, s. 4
(2)The portion of section 83.03 of the English version of the Act after paragraph (b) is repealed.
2001, c. 41, s. 4
17(1)The portion of section 83.04 of the Act before paragraph (a) is replaced by the following:
Using or possessing property for terrorist purposes
83.04Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who
2001, c. 41, s. 4
(2)The portion of section 83.04 of the English version of the Act after paragraph (b) is repealed.
2001, c. 41, s. 4
18(1)The portion of subsection 83.12(1) of the English version of the Act before paragraph (a) is replaced by the following:
Offences — freezing of property, disclosure or audit
83.12(1)Every person who contravenes any of sections 83.08, 83.1 and 83.11 is guilty of an offence and liable
2001, c. 41, s. 4
(2)Paragraphs 83.12(1)‍(a) and (b) of the Act are replaced by the following:
(a)on conviction on indictment, to imprisonment for a term of not more than 10 years; or
(b)on summary conviction, to a fine of not more than $100,000 or to imprisonment for a term of not more than two years less a day, or to both.
2001, c. 41, s. 4
19Subsection 83.13(11) of the Act is replaced by the following:
Procedure
(11)Subsections 462.32(4) and (6), sections 462.34 to 462.35 and 462.4, subsection 487(3) and section 488 apply, with any modifications that the circumstances require, to a warrant issued under paragraph (1)‍(a). Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed.
2001, c. 41, s. 4
20Subsection 83.18(1) of the Act is replaced by the following:
Participation in activity of terrorist group
83.18(1)Every person who knowingly participates in or contributes to, directly or indirectly, any activity of a terrorist group for the purpose of enhancing the ability of any terrorist group to facilitate or carry out a terrorist activity is guilty of
(a)an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b)an offence punishable on summary conviction.
2013, c. 9, s. 6
21Section 83.181 of the Act is replaced by the following:
Leaving Canada to participate in activity of terrorist group
83.181Every person who leaves or attempts to leave Canada, or goes or attempts to go on board a conveyance with the intent to leave Canada, for the purpose of committing an act or omission outside Canada that, if committed in Canada, would be an offence under subsection 83.18(1) is guilty of
(a)an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b)an offence punishable on summary conviction.
2015, c. 20, s. 16
22Subsection 83.221(1) of the Act is replaced by the following:
Advocating or promoting commission of terrorism offences
83.221(1)Every person who, by communicating statements, knowingly advocates or promotes the commission of terrorism offences in general — other than an offence under this section — while knowing that any of those offences will be committed or being reckless as to whether any of those offences may be committed, as a result of such communication, 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.
2013, c. 9, s. 9
23Section 83.23 of the Act is replaced by the following:
Concealing person who carried out terrorist activity
83.23(1)Every person who knowingly harbours or conceals another person whom they know to be a person who has carried out a terrorist activity, for the purpose of enabling that other person to facilitate or carry out any terrorist activity, is guilty of
(a)an indictable offence and liable to imprisonment for a term of not more than 14 years, if the person who is harboured or concealed carried out a terrorist activity that is a terrorism offence for which that person is liable to imprisonment for life; and
(b)an indictable offence and liable to imprisonment for a term of not more than 10 years or an offence punishable on summary conviction, if the person who is harboured or concealed carried out a terrorist activity that is a terrorism offence for which that person is liable to any other punishment.
Concealing person who is likely to carry out terrorist activity
(2)Every person who knowingly harbours or conceals another person whom they know to be a person who is likely to carry out a terrorist activity, for the purpose of enabling that other person to facilitate or carry out any terrorist activity, is guilty of
(a)an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b)an offence punishable on summary conviction.
2004, c. 15, s. 32
24Paragraph 83.231(3)‍(b) of the Act is replaced by the following:
(b)an offence punishable on summary conviction.
2013, c. 9, s. 10
25Subsection 83.29(3) of the Act is replaced by the following:
Person to be brought before judge
(3)A peace officer who arrests a person in the execution of a warrant shall, without delay, bring the person, or cause the person to be brought, before the judge who issued the warrant or another judge of the same court. The judge in question may, to ensure compliance with the order, order that the person be detained in custody or make a release order, the form of which may be adapted to suit the circumstances.
2013, c. 9, s. 10
26The portion of subsection 83.3(6) of the Act before paragraph (a) is replaced by the following:
When person to be taken before judge
(6)Unless a peace officer is satisfied that a person should be released from custody without conditions before their appearance before a provincial court judge in accordance with the rules in paragraph (a) or (b), and so releases the person, the person detained in custody shall be taken before a provincial court judge in accordance with the following rules:
1995, c. 39, s. 139
27Paragraph 95(2)‍(b) of the Act is replaced by the following:
(b)is guilty of an offence punishable on summary conviction.
1995, c. 39, s. 139
28Paragraph 96(2)‍(b) of the Act is replaced by the following:
(b)is guilty of an offence punishable on summary conviction.
1995, c. 39, s. 139
29Paragraph 102(2)‍(b) of the Act is replaced by the following:
(b)is guilty of an offence punishable on summary conviction.
1995, c. 39, s. 139
30Subsection 103(3) of the Act is repealed.
1995, c. 39, s. 139
31Subsection 104(3) of the Act is repealed.
2015, c. 27, s. 30
32Subparagraph 109(1)‍(a.‍1)‍(i) of the Act is replaced by the following:
(i)the person’s intimate partner,
2015, c. 27, s. 31(2)
33Paragraph 110(2.1)‍(a) of the Act is replaced by the following:
(a)the person’s intimate partner;
2015, c. 27, s. 32
34Section 110.1 of the Act is repealed.
35Subsection 121(3) of the Act is replaced by the following:
Punishment
(3)Every person who commits an offence under this section 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.
2014, c. 23, s. 3
36(1)The portion of subsection 121.1(4) of the French version of the Act before subparagraph (a)‍(i) is replaced by the following:
Peine
(4)Quiconque contrevient au paragraphe (1) est coupable :
a)soit d’un acte criminel passible d’un emprisonnement maximal de cinq ans et, si la quantité de produits du tabac est égale ou supérieure à 10000 cigarettes ou à 10 kg de tout autre produit du tabac, ou si celle de tabac en feuilles est égale ou supérieure à 10 kg :
2014, c. 23, s. 3
(2)Paragraph 121.1(4)‍(b) of the Act is replaced by the following:
(b)is guilty of an offence punishable on summary conviction.
37Section 122 of the Act is replaced by the following:
Breach of trust by public officer
122Every official who, in connection with the duties of their office, commits fraud or a breach of trust, whether or not the fraud or breach of trust would be an offence if it were committed in relation to a private person, 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.
2007, c. 13, s. 6
38(1)The portion of subsection 123(1) of the Act before paragraph (a) is replaced by the following:
Municipal corruption
123(1)Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who directly or indirectly gives, offers or agrees to give or offer to a municipal official or to anyone for the benefit of a municipal official — or, being a municipal official, directly or indirectly demands, accepts or offers or agrees to accept from any person for themselves or another person — a loan, reward, advantage or benefit of any kind as consideration for the official
2007, c. 13, s. 6
(2)The portion of subsection 123(2) of the Act before paragraph (a) is replaced by the following:
Influencing municipal official
(2)Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who influences or attempts to influence a municipal official to do anything mentioned in paragraphs (1)‍(a) to (d) by
39(1)The portion of section 124 of the Act before paragraph (a) is replaced by the following:
Selling or purchasing office
124Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who
(2)The portion of section 124 of the English version of the Act after paragraph (b) is repealed.
40(1)The portion of section 125 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 or is guilty of an offence punishable on summary conviction who
(2)The portion of section 125 of the English version of the Act after paragraph (c) is repealed.
41Subsection 126(1) of the Act is replaced by the following:
Disobeying a statute
126(1)Every person who, without lawful excuse, contravenes an Act of Parliament by intentionally doing anything that it forbids or by intentionally omitting to do anything that it requires to be done is, unless a punishment is expressly provided by law, guilty of
(a)an indictable offence and liable to imprisonment for a term of not more than two years; or
(b)an offence punishable on summary conviction.
42(1)The portion of section 128 of the Act before paragraph (a) is replaced by the following:
Misconduct of officers executing process
128Every peace officer or coroner 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, being entrusted with the execution of a process, intentionally
(2)The portion of section 128 of the English version of the Act after paragraph (b) is repealed.
1999, c. 18, s. 93
43Subsection 136(1.1) of the Act is replaced by the following:
Evidence in specific cases
(1.1)Evidence given under section 714.1, 714.2 or 714.3 or under subsection 46(2) of the Canada Evidence Act or evidence or a statement given under an order made under section 22.2 of the Mutual Legal Assistance in Criminal Matters Act is deemed to be evidence given by a witness in a judicial proceeding for the purposes of subsection (1).
44(1)The portion of section 138 of the Act before paragraph (a) is replaced by the following:
Offences relating to affidavits
138Every 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
(2)The portion of section 138 of the English version of the Act after paragraph (c) is repealed.
45Subsection 139(2) of the Act is replaced by the following:
Idem
(2)Every person who intentionally attempts in any manner other than a manner described in subsection (1) to obstruct, pervert or defeat the course of justice is guilty of
(a)an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b)an offence punishable on summary conviction.
R.‍S.‍, c. 27 (1st Supp.‍), s. 19
46Subsection 141(1) of the Act is replaced by the following:
Compounding indictable offence
141(1)Every person who asks for or obtains or agrees to receive or obtain any valuable consideration for themselves or any other person by agreeing to compound or conceal an indictable offence is guilty of
(a)an indictable offence and liable to imprisonment for a term of not more than two years; or
(b)an offence punishable on summary conviction.
47Section 142 of the Act is replaced by the following:
Corruptly taking reward for recovery of goods
142Every person who corruptly accepts any valuable consideration, directly or indirectly, under pretence or on account of helping any person to recover anything obtained by the commission of an indictable offence 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.
48(1)The portion of section 144 of the Act before paragraph (a) is replaced by the following:
Prison breach
144Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who
(2)The portion of section 144 of the English version of the Act after paragraph (b) is repealed.
R.‍S.‍, c. 27 (1st Supp.‍), s. 20(1); 1997, c. 18, ss. 3(1) and (2); 2008, c. 18, s. 3
49(1)Subsections 145(1) to (6) of the Act are replaced by the following:
Escape and being at large without excuse
145(1)Every person who escapes from lawful custody or who is, before the expiration of a term of imprisonment to which they were sentenced, at large in or outside Canada without lawful excuse, is guilty of
(a)an indictable offence and liable to imprisonment for a term of not more than two years; or
(b)an offence punishable on summary conviction.
Failure to attend court or surrender
(2)Every person 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 who,
(a)is at large on a release order and who fails, without lawful excuse, to attend court in accordance with the release order;
(b)having appeared before a court, justice or judge, fails, without lawful excuse, to subsequently attend court as required by the court, justice or judge; or
(c)fails to surrender themselves in accordance with an order of the court, justice or judge, as the case may be.
Failure to comply with appearance notice or summons
(3)Every person who is named in an appearance notice that has been confirmed by a justice under section 508 or who is served with a summons and who fails, without lawful excuse, to appear at the time and place stated in the notice or the summons, as the case may be, for the purposes of the Identification of Criminals Act, or to attend court in accordance with the notice or the summons, as the case may be, is guilty of
(a)an indictable offence and liable to imprisonment for a term of not more than two years; or
(b)an offence punishable on summary conviction.
Failure to comply with undertaking
(4)Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or an offence punishable on summary conviction who,
(a)is at large on an undertaking and who fails, without lawful excuse, to comply with a condition of that undertaking; or
(b)is at large on an undertaking 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 the undertaking for the purposes of the Identification of Criminals Act or to attend court in accordance with the undertaking.
Failure to comply with order
(5)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)is at large on a release order and who fails, without lawful excuse, to comply with a condition of that release order other than the condition to attend court; or
(b)is bound to comply with an order under subsection 515(12), 516(2) or 522(2.1) and who fails, without lawful excuse, to comply with that order.
Not an excuse
(6)For the purposes of subsections (3) and (4), it is not a lawful excuse that an appearance notice or undertaking states defectively the substance of the alleged offence.
1992, c. 47, s. 68; 1994, c. 44, s. 8(3); 1996, c. 7, s. 38; 1997, c. 18, s. 3(3)
(2)Subsections 145(8) and (9) of the Act are replaced by the following:
Election of Crown under Contraventions Act
(8)For the purposes of paragraph (2)‍(a) and subsections (3) to (5), it is a lawful excuse to fail to attend court in accordance with a release order, to comply with a condition of an undertaking or release order or to fail to appear at the time and place stated in a summons, an appearance notice or an undertaking for the purposes of the Identification of Criminals Act if — before the failure — the Attorney General, within the meaning of the Contraventions Act, makes an election under section 50 of that Act.
Proof of certain facts by certificate
(9)In any proceedings under subsections (2) to (4), a certificate of the clerk of the court or a judge of the court before which the accused is alleged to have failed to attend or of the person in charge of the place at which it is alleged the accused failed to attend for the purposes of the Identification of Criminals Act is evidence of the statements contained in the certificate without proof of the signature or the official character of the person appearing to have signed the certificate if the certificate states that,
(a)in the case of proceedings under subsection (2), the accused failed to attend court as required by the release order or, having attended court, failed to subsequently attend court as required by the court, judge or justice or failed to surrender in accordance with an order of the court, judge or justice, as the case may be;
(b)in the case of proceedings under subsection (3), the accused was named in an appearance notice that was confirmed by a justice under section 508 and the accused failed to attend court in accordance with the notice or failed to appear at the time and place stated in the notice for the purposes of the Identification of Criminals Act, as the case may be;
(c)in the case of proceedings under subsection (3), a summons was issued to and served on the accused and the accused failed to attend court in accordance with the summons or failed to appear at the time and place stated in the summons for the purposes of the Identification of Criminals Act, as the case may be; and
(d)in the case of proceedings under subsection (4), the accused was at large on an undertaking that was confirmed by a justice under section 508, and the accused failed to attend court in accordance with the undertaking or failed to appear at the time and place stated in the undertaking for the purposes of the Identification of Criminals Act, as the case may be.
50(1)The portion of section 146 of the Act before paragraph (a) is replaced by the following:
Permitting or assisting escape
146Every 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
(2)The portion of section 146 of the English version of the Act after paragraph (c) is repealed.
51(1)The portion of section 147 of the Act before paragraph (a) is replaced by the following:
Rescue or permitting escape
147Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who
(2)The portion of section 147 of the English version of the Act after paragraph (c) is repealed.
52(1)The portion of section 148 of the Act before paragraph (a) is replaced by the following:
Assisting prisoner of war to escape
148Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who knowingly
(2)The portion of section 148 of the English version of the Act after paragraph (b) is repealed.
R.‍S.‍, c. 19 (3rd Supp.‍), s. 1; 2014, c. 25, s. 4
53Subsection 150.1(5) of the Act is replaced by the following:
Idem
(5)It is not a defence to a charge under section 153, 170, 171 or 172 or subsection 286.1(2), 286.2(2) or 286.3(2) that the accused believed that the complainant was 18 years of age or more at the time the offence is alleged to have been committed unless the accused took all reasonable steps to ascertain the age of the complainant.
1998, c. 9, s. 2
54(1)Subsection 153.1(1) of the French version of the Act is replaced by the following:
Personnes en situation d’autorité
153.1(1)Toute personne qui est en situation d’autorité ou de confiance vis-à-vis d’une personne ayant une déficience mentale ou physique ou à l’égard de laquelle celle-ci est en situation de dépendance et qui, à des fins d’ordre sexuel, engage ou incite la personne handicapée à la toucher, à se toucher ou à toucher un tiers, sans son consentement, directement ou indirectement, avec une partie du corps ou avec un objet est coupable :
a)soit d’un acte criminel passible d’un emprisonnement maximal de cinq ans;
b)soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.
1998, c. 9, s. 2
(2)Paragraph 153.1(1)‍(b) of the English version of the Act is replaced by the following:
(b)an offence punishable on summary conviction.
55The Act is amended by adding the following after section 155:
Historical offences
156No person shall be convicted of any sexual offence under this Act as it read from time to time before January 4, 1983 unless the conduct alleged would be an offence under this Act if it occurred on the day on which the charge was laid.
R.‍S.‍, c. 19 (3rd Supp.‍), s. 3
56Section 159 of the Act is repealed.
2005, c. 32, s. 5(2); 2012, c. 1, s. 16(2); 2014, c. 25, par. 5(1)‍(a) and (b)
57(1)Paragraph 161(1.1)‍(a) of the Act is replaced by the following:
(a)an offence under section 151, 152 or 155, subsection 160(2) or (3), section 163.1, 170, 171, 171.1, 172.1 or 172.2, subsection 173(2), section 271, 272, 273 or 279.011, subsection 279.02(2) or 279.03(2), section 280 or 281 or subsection 286.1(2), 286.2(2) or 286.3(2);
2015, c. 23, s. 6
(2)Paragraph 161(4)‍(b) of the Act is replaced by the following:
(b)an offence punishable on summary conviction.
2015, c. 23, s. 33
58Paragraph 162.2(4)‍(b) of the Act is replaced by the following:
(b)an offence punishable on summary conviction.
59Subsection 172(1) of the Act is replaced by the following:
Corrupting children
172(1)Every person who, in the home of a child, participates in adultery or sexual immorality or indulges in habitual drunkenness or any other form of vice, and by doing so endangers the morals of the child or renders the home an unfit place for the child to be in, is guilty of
(a)an indictable offence and liable to imprisonment for a term of not more than two years; or
(b)an offence punishable on summary conviction.
2012, c. 1, s. 23
60Paragraph 173(1)‍(b) of the Act is replaced by the following:
(b)is guilty of an offence punishable on summary conviction.
61(1)The portion of subsection 176(1) of the Act before paragraph (a) is replaced by the following:
Obstructing or violence to or arrest of officiating clergyman
176(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
(2)The portion of subsection 176(1) of the English version of the Act after paragraph (b) is repealed.
R.‍S.‍, c. 19 (3rd Supp.‍), s. 8
62Subsection 179(1) of the Act is amended by striking out “or” at the end of paragraph (a) and by repealing paragraph (b).
63(1)The portion of subsection 180(1) of the Act before paragraph (a) is replaced by the following:
Common nuisance
180(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 commits a common nuisance and by doing so
(2)The portion of subsection 180(1) of the English version of the Act after paragraph (b) is repealed.
64Section 181 of the Act is repealed.
65(1)The portion of section 182 of the Act before paragraph (a) is replaced by the following:
Dead body
182Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who
(2)The portion of section 182 of the English version of the Act after paragraph (b) is repealed.
66Subsection 184(1) of the Act is replaced by the following:
Interception
184(1)Every person who, by means of any electro-magnetic, acoustic, mechanical or other device, knowingly intercepts a private communication 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.
1993, c. 40, s. 4
67Subsection 184.5(1) of the Act is replaced by the following:
Interception of radio-based telephone communications
184.5(1)Every person who intercepts, by means of any electro-magnetic, acoustic, mechanical or other device, maliciously or for gain, a radio-based telephone communication, if the originator of the communication or the person intended by the originator of the communication to receive it is in Canada, 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.
1993, c. 40, s. 9
68Section 188.1 of the Act is replaced by the following:
Execution in Canada
188.1An authorization given under section 184.2, 184.3, 186 or 188 may be executed at any place in Canada. Any peace officer who executes the authorization must have authority to act as a peace officer in the place where it is executed.
69Subsection 191(1) of the Act is replaced by the following:
Possession, etc.
191(1)Every person who possesses, sells or purchases any electro-magnetic, acoustic, mechanical or other device or any component of it knowing that its design renders it primarily useful for surreptitious interception of private communications is guilty of
(a)an indictable offence and liable to imprisonment for a term of not more than two years; or
(b)an offence punishable on summary conviction.
70Subsection 193(1) of the Act is replaced by the following:
Disclosure of information
193(1)If a private communication has been intercepted by means of an electro-magnetic, acoustic, mechanical or other device without the consent, express or implied, of the originator of that communication or of the person intended by the originator to receive it, every person commits an offence who, without the express consent of the originator of that communication or of the person intended to receive it, knowingly
(a)uses or discloses the private communication or any part of it or the substance, meaning or purpose of it or of any part of it, or
(b)discloses the existence of the private communication.
Punishment
(1.1)Every person 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 two years; or
(b)an offence punishable on summary conviction.
1993, c. 40, s. 12
71The portion of subsection 193.1(1) of the Act before paragraph (a) is replaced by the following:
Disclosure of information received from interception of radio-based telephone communications
193.1(1)Every person who knowingly uses or discloses a radio-based telephone communication or who knowingly discloses the existence of such a communication 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, if
72Subsection 201(1) of the Act is replaced by the following:
Keeping gaming or betting house
201(1)Every person who keeps a common gaming house or common betting house is guilty of
(a)an indictable offence and liable to imprisonment for a term of not more than two years; or
(b)an offence punishable on summary conviction.
73The portion of subsection 206(1) of the Act before paragraph (a) is replaced by the following:
Offence in relation to lotteries and games of chance
206(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
74Section 209 of the Act is replaced by the following:
Cheating at play
209Every person who, with intent to defraud any person, cheats while playing a game or in holding the stakes for a game or in betting is guilty of
(a)an indictable offence and liable to imprisonment for a term of not more than two years; or
(b)an offence punishable on summary conviction.
75Subsection 210(1) of the Act is replaced by the following:
Keeping common bawdy-house
210(1)Every person who keeps a common bawdy-house is guilty of
(a)an indictable offence and liable to imprisonment for a term of not more than two years; or
(b)an offence punishable on summary conviction.
2005, c. 32, s. 11
76Paragraph 215(3)‍(b) of the Act is replaced by the following:
(b)is guilty of an offence punishable on summary conviction.
2005, c. 32, s. 12
77Paragraph 218(b) of the Act is replaced by the following:
(b)is guilty of an offence punishable on summary conviction.
78Section 221 of the Act is replaced by the following:
Causing bodily harm by criminal negligence
221Every person who by criminal negligence causes bodily harm to another person is guilty of
(a)an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b)an offence punishable on summary conviction.
79Paragraph 229(c) of the Act is replaced by the following:
(c)if a person, for an unlawful object, does anything that they know is likely to cause death, and by doing so causes the death of a human being, even if they desire to effect their object without causing death or bodily harm to any human being.
R.‍S.‍, c. 27 (1st Supp.‍), s. 40(2) (Sch. I, item 2); 1991, c. 4, s. 1
80Section 230 of the Act is repealed.
81Section 237 of the Act is replaced by the following:
Punishment for infanticide
237Every female person who commits infanticide 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.
2016, c. 3, s. 3
82Section 241.3 of the Act is replaced by the following:
Failure to comply with safeguards
241.3A medical practitioner or nurse practitioner who, in providing medical assistance in dying, knowingly fails to comply with all of the requirements set out in paragraphs 241.2(3)‍(b) to (i) and subsection 241.2(8) 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.
2016, c. 3, s. 3
83Subsection 241.4(3) of the Act is replaced by the following:
Punishment
(3)Everyone who commits an offence under subsection (1) or (2) 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.
84Sections 242 and 243 of the Act are replaced by the following:
Neglect to obtain assistance in childbirth
242A female person who, being pregnant and about to be delivered, with intent that the child shall not live or with intent to conceal the birth of the child, fails to make provision for reasonable assistance in respect of her delivery is, if the child is permanently injured as a result of the failure or dies immediately before, during or in a short time after birth, as a result of the failure, 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.
Concealing body of child
243Every person who in any manner disposes of the dead body of a child, with intent to conceal the fact that its mother has been delivered of it, whether the child died before, during or after birth, is guilty of
(a)an indictable offence and liable to imprisonment for a term of not more than two years; or
(b)an offence punishable on summary conviction.
2016, c. 3, s. 6
85Subsection 245(1) of the Act is replaced by the following:
Administering noxious thing
245(1)Every person who administers or causes to be administered to any other person or causes any other person to take poison or any other destructive or noxious thing is guilty
(a)of an indictable offence and liable to imprisonment for a term of not more than 14 years, if they did so with intent to endanger the life of or to cause bodily harm to that person; or
(b)of an indictable offence and liable to imprisonment for a term of not more than two years or of an offence punishable on summary conviction, if they did so with intent to aggrieve or annoy that person.
2004, c. 12, s. 6
86(1)The portion of subsection 247(1) of the Act before paragraph (a) is replaced by the following:
Traps likely to cause bodily harm
247(1)Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who with intent to cause death or bodily harm to a person, whether ascertained or not,
2004, c. 12, s. 6
(2)Subsections 247(2) and (3) of the Act are replaced by the following:
Bodily harm
(2)Every person who commits an offence under subsection (1), and by doing so causes bodily harm to any other person, is guilty of
(a)an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b)an offence punishable on summary conviction.
Offence-related place
(3)Every person who commits an offence under subsection (1), in a place kept or used for the purpose of committing another indictable offence, is guilty of
(a)an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b)an offence punishable on summary conviction.
R.‍S.‍, c. 27 (1st Supp.‍), s. 36
87Subsection 249(3) of the Act is replaced by the following:
Dangerous operation causing bodily harm
(3)Every person who commits an offence under subsection (1) and by doing so causes bodily harm to any other person is guilty of
(a)an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b)an offence punishable on summary conviction.
R.‍S.‍, c. 27 (1st Supp.‍), s. 36
88(1)The portion of subsection 251(1) of the Act before paragraph (a) is replaced by the following:
Unseaworthy vessel and unsafe aircraft
251(1)Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who endangers the life of any person by knowingly committing one of the following acts:
R.‍S.‍, c. 27 (1st Supp.‍), s. 36
(2)The portion of subsection 251(1) of the English version of the Act after paragraph (c) is repealed.
1999, c. 32, s. 1
89Subsection 252(1.2) of the Act is replaced by the following:
Offence involving bodily harm
(1.2)Every person who commits an offence under subsection (1) knowing that bodily harm has been caused to another person involved in the accident is guilty of
(a)an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b)an offence punishable on summary conviction.
R.‍S.‍, c. 27 (1st Supp.‍), s. 36; 2008, c. 6, ss. 21(1) to (3)
90Subsections 255(1) to (2.2) of the Act are replaced by the following:
Punishment
255(1)Every person who commits an offence under section 253 or 254 is guilty of
(a)an indictable offence and liable to imprisonment for a term of not more than five years and to a minimum punishment of,
(i)for a first offence, a fine of $1,000,
(ii)for a second offence, imprisonment for a term of 30 days, and
(iii)for each subsequent offence, imprisonment for a term of 120 days; or
(b)an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both, and to a minimum punishment of,
(i)for a first offence, a fine of $1,000,
(ii)for a second offence, imprisonment for a term of 30 days, and
(iii)for each subsequent offence, imprisonment for a term of 120 days.
Impaired driving causing bodily harm
(2)Every person who, while committing an offence under paragraph 253(1)‍(a), causes bodily harm to another person is guilty of
(a)an indictable offence and liable to imprisonment for a term of not more than 10 years and to the minimum punishments set out in subparagraphs (1)‍(a)‍(i) to (iii); or
(b)an offence punishable on summary conviction and liable to the maximum and minimum punishments set out in paragraph (1)‍(b).
Blood alcohol level over legal limit — bodily harm
(2.1)Every person who, while committing an offence under paragraph 253(1)‍(b), causes an accident resulting in bodily harm to another person is guilty of
(a)an indictable offence and liable to imprisonment for a term of not more than 10 years and to the minimum punishments set out in subparagraphs (1)‍(a)‍(i) to (iii); or
(b)an offence punishable on summary conviction and liable to the maximum and minimum punishments set out in paragraph (1)‍(b).
Failure or refusal to provide sample — bodily harm
(2.2)Every person who commits an offence under subsection 254(5) and, at the time of committing the offence, knows or ought to know that their operation of the motor vehicle, vessel, aircraft or railway equipment, their assistance in the operation of the aircraft or railway equipment or their care or control of the motor vehicle, vessel, aircraft or railway equipment caused an accident resulting in bodily harm to another person is guilty of
(a)an indictable offence and liable to imprisonment for a term of not more than 10 years and to the minimum punishments set out in subparagraphs (1)‍(a)‍(i) to (iii); or
(b)an offence punishable on summary conviction and liable to the same maximum and minimum punishments set out in paragraph (1)‍(b).
R.‍S.‍, c. 27 (1st Supp.‍), s. 36; 2008, c. 6, s. 24(3)‍(F)
91(1)The portion of paragraph 258(1)‍(c) of the Act before subparagraph (ii) is replaced by the following:
(c)if samples of the accused’s breath have been taken in accordance with a demand made under subsection 254(3), evidence of the results of the analyses of those samples is conclusive proof, in the absence of evidence tending to show that the approved instrument was malfunctioning or was operated improperly, that the concentration of alcohol in the accused’s blood both at the time when the analyses were performed and at the time when the offence was alleged to have been committed was, if the results of the analyses are the same, the concentration determined by the analyses and, if the results of the analyses are different, the lowest of the concentrations determined by the analyses, provided that
2008, c. 6, s. 24(4)‍(E)
(2)The portion of paragraph 258(1)‍(c) of the English version of the Act after subparagraph (iv) is repealed.
2008, c. 6, s. 24(5)
(3)The portion of paragraph 258(1)‍(d) of the Act before subparagraph (i) is replaced by the following:
(d)if a sample of the accused’s blood has been taken under subsection 254(3) or section 256 or with the accused’s consent, evidence of the result of the analysis of that sample is conclusive proof, in the absence of evidence tending to show that the analysis was performed improperly, that the concentration of alcohol in the accused’s blood both at the time when the sample was taken and at the time when the offence was alleged to have been committed was the concentration determined by the analysis or, if more than one sample was analyzed and the results of the analyses are the same, the concentration determined by the analyses and, if the results of the analyses are different, the lowest of the concentrations determined by the analyses, provided that
2008, c. 6, s. 24(5)‍(E)
(4)The portion of paragraph 258(1)‍(d) of the English version of the Act after subparagraph (v) is repealed.
92(1)The portion of section 262 of the Act before paragraph (a) is replaced by the following:
Impeding attempt to save life
262Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who
(2)The portion of section 262 of the English version of the Act after paragraph (b) is repealed.
1997, c. 16, s. 4
93Paragraph 264(4)‍(b) of the Act is replaced by the following:
(b)the terms or conditions of any other order or recognizance, or of an undertaking, made or entered into under the common law, this Act or any other Act of Parliament or of a provincial legislature that is similar in effect to an order or recognizance referred to in paragraph (a).
1994, c. 44, s. 16(2)
94Paragraph 264.1(2)‍(b) of the Act is replaced by the following:
(b)an offence punishable on summary conviction.
1994, c. 44, s. 17
95(1)The portion of section 267 of the Act before paragraph (a) is replaced by the following:
Assault with a weapon or causing bodily harm
267Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who, in committing an assault,
(2)Section 267 of the Act is amended by striking out “or” at the end of paragraph (a), by adding “or” at the end of paragraph (b) and by replacing the portion after paragraph (b) with the following:
(c)chokes, suffocates or strangles the complainant.
1994, c. 44, s. 18
96Paragraph 269(b) of the Act is replaced by the following:
(b)an offence punishable on summary conviction.
2009, c. 22, s. 9
97Paragraph 270.01(2)‍(b) of the Act is replaced by the following:
(b)an offence punishable on summary conviction.
2002, c. 13, s. 11
98Paragraph 270.1(3)‍(b) of the Act is replaced by the following:
(b)an offence punishable on summary conviction.
99Subsection 272(1) of the Act is amended by striking out “or” at the end of paragraph (c) and by adding the following after paragraph (c):
(c.‍1)chokes, suffocates or strangles the complainant; or
1993, c. 45, s. 3
100Paragraph 273.3(1)‍(c) of the Act is replaced by the following:
(c)under the age of eighteen years, with the intention that an act be committed outside Canada that if it were committed in Canada would be an offence against section 155, subsection 160(2) or section 170, 171, 267, 268, 269, 271, 272 or 273 in respect of that person; or
2002, c. 13, s. 12; 2014, c. 25, par. 16(a) and (b)
101Sections 274 and 275 of the Act are replaced by the following:
Corroboration not required
274If an accused is charged with an offence under section 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 173, 271, 272, 273, 286.1, 286.2 or 286.3, no corroboration is required for a conviction and the judge shall not instruct the jury that it is unsafe to find the accused guilty in the absence of corroboration.
Rules respecting recent complaint abrogated
275The rules relating to evidence of recent complaint are hereby abrogated with respect to offences under sections 151, 152, 153, 153.1 and 155, subsections 160(2) and (3) and sections 170, 171, 172, 173, 271, 272 and 273.
2002, c. 13, s. 13
102The portion of subsection 276(1) of the Act before paragraph (a) is replaced by the following:
Evidence of complainant’s sexual activity
276(1)In proceedings in respect of an offence under section 151, 152, 153, 153.1 or 155, subsection 160(2) or (3) or section 170, 171, 172, 173, 271, 272 or 273, evidence that the complainant has engaged in sexual activity, whether with the accused or with any other person, is not admissible to support an inference that, by reason of the sexual nature of that activity, the complainant
2002, c. 13, s. 14
103Section 277 of the Act is replaced by the following:
Reputation evidence
277In proceedings in respect of an offence under section 151, 152, 153, 153.1 or 155, subsection 160(2) or (3) or section 170, 171, 172, 173, 271, 272 or 273, evidence of sexual reputation, whether general or specific, is not admissible for the purpose of challenging or supporting the credibility of the complainant.
1998, c. 9, s. 3; 2014, c. 25, par. 17(2)‍(a) and (b)
104Paragraph 278.2(1)‍(a) of the Act is replaced by the following:
(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
1997, c. 18, s. 14
105Paragraph 279(2)‍(b) of the Act is replaced by the following:
(b)an offence punishable on summary conviction.
2014, c. 25, s. 19
106Subsection 279.02(1) of the Act is replaced by the following:
Material benefit — trafficking
279.02(1)Every person who receives a financial or other material benefit, knowing that it is obtained by or derived directly or indirectly from the commission of an offence under subsection 279.01(1), is guilty of
(a)an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b)an offence punishable on summary conviction.
2014, c. 25, s. 19
107Subsection 279.03(1) of the Act is replaced by the following:
Withholding or destroying documents — trafficking
279.03(1)Every person who, for the purpose of committing or facilitating an offence under subsection 279.01(1), conceals, removes, withholds or destroys any travel document that belongs to another person or any document that establishes or purports to establish another person’s identity or immigration status  — whether or not the document is of Canadian origin or is authentic  —  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.
108Subsection 280(1) of the Act is replaced by the following:
Abduction of person under age of 16
280(1)Every person who, without lawful authority, takes or causes to be taken a person under the age of 16 years out of the possession of and against the will of the parent or guardian of that person or of any other person who has the lawful care or charge of that person 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.
109Section 281 of the Act is replaced by the following:
Abduction of person under age of 14
281Every person who, not being the parent, guardian or person having the lawful care or charge of a person under the age of 14 years, unlawfully takes, entices away, conceals, detains, receives or harbours that person with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of that person, of the possession of that person is guilty of
(a)an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b)an offence punishable on summary conviction.
2014, c. 25, s. 20
110The portion of paragraph 286.1(1)‍(b) of the Act before subparagraph (i) is replaced by the following:
(b)an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both, and to a minimum punishment of,
2014, c. 25, s. 20
111Subsection 286.2(1) of the Act is replaced by the following:
Material benefit from sexual services
286.2(1)Every person who receives a financial or other material benefit, knowing that it is obtained by or derived directly or indirectly from the commission of an offence under subsection 286.1(1), is guilty of
(a)an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b)an offence punishable on summary conviction.
2014, c. 25, s. 20
112Paragraph 286.4(b) of the Act is replaced by the following:
(b)an offence punishable on summary conviction.
2002, c. 7, s. 141; 2015, c. 3, s. 48
113Section 287 of the Act is repealed.
114Subsection 291(1) of the Act is replaced by the following:
Punishment
291(1)Every person who commits bigamy 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.
115Subsection 292(1) of the Act is replaced by the following:
Procuring feigned marriage
292(1)Every person who procures or knowingly aids in procuring a feigned marriage between themselves and another person 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.
116Subsection 293(1) of the Act is replaced by the following:
Polygamy
293(1)Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who
(a)practises or enters into or in any manner agrees or consents to practise or enter into any form of polygamy or any kind of conjugal union with more than one person at the same time, whether or not it is by law recognized as a binding form of marriage; or
(b)celebrates, assists or is a party to a rite, ceremony, contract or consent that purports to sanction a relationship mentioned in paragraph (a).
2015, c. 29, s. 9
117Sections 293.1 and 293.2 of the Act are replaced by the following:
Forced marriage
293.1Every person who celebrates, aids or participates in a marriage rite or ceremony knowing that one of the persons being married is marrying against their will 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.
Marriage under age of 16 years
293.2Every person who celebrates, aids or participates in a marriage rite or ceremony knowing that one of the persons being married is under the age of 16 years 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.
118(1)The portion of section 294 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 or is guilty of an offence punishable on summary conviction who
(2)The portion of section 294 of the English version of the Act after paragraph (b) is repealed.
2015, c. 29, s. 10
119Section 295 of the Act is replaced by the following:
Marriage contrary to law
295Every person who, being lawfully authorized to solemnize marriage, knowingly solemnizes a marriage in contravention of federal law or the laws of the province in which the marriage is solemnized is guilty of
(a)an indictable offence and liable to imprisonment for a term of not more than two years; or
(b)an offence punishable on summary conviction.
120Sections 300 and 301 of the Act are replaced by the following:
Punishment of libel known to be false
300Every person who publishes a defamatory libel that they know is false 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.
Punishment for defamatory libel
301Every person who publishes a defamatory libel is guilty of
(a)an indictable offence and liable to imprisonment for a term of not more than two years; or
(b)an offence punishable on summary conviction.
121Subsection 302(3) of the Act is replaced by the following:
Punishment
(3)Every person who commits an offence under this section 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.
122Subsection 318(1) of the Act is replaced by the following:
Advocating genocide
318(1)Every person who advocates or promotes genocide 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.
2010, c. 14, s. 3
123Paragraph 333.1(1)‍(b) of the Act is replaced by the following:
(b)on summary conviction, to imprisonment for a term of not more than two years less a day.
1994, c. 44, s. 20(1)
124(1)Paragraph 334(a) of the Act is replaced by the following:
(a)if the property stolen is a testamentary instrument or the value of what is stolen is more than $5,000, is guilty of
(i)an indictable offence and liable to imprisonment for a term of not more than 10 years, or
(ii)an offence punishable on summary conviction; or
(2)The portion of paragraph 334(b) of the Act before subparagraph (i) is replaced by the following:
(b)if the value of what is stolen is not more than $5,000, is guilty
1994, c. 44, s. 20(2)
(3)The portion of paragraph 334(b) of the Act after subparagraph (ii) is repealed.
125(1)The portion of subsection 338(1) of the Act before paragraph (a) is replaced by the following:
Fraudulently taking cattle or defacing brand
338(1)Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, without the consent of the owner,
(2)The portion of subsection 338(1) of the English version of the Act after paragraph (b) is repealed.
(3)Subsection 338(2) of the Act is replaced by the following:
Punishment for theft of cattle
(2)Every person who commits theft of cattle is guilty of
(a)an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b)an offence punishable on summary conviction.
126Subsection 339(1) of the Act is replaced by the following:
Taking possession, etc.‍, of drift timber
339(1)Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, without the consent of the owner,
(a)fraudulently takes, holds, keeps in their possession, conceals, receives, appropriates, purchases or sells any lumber or lumbering equipment that is found adrift, cast ashore or lying on or embedded in the bed or bottom, or on the bank or beach, of a river, stream or lake in Canada, or in the harbours or any of the coastal waters of Canada;
(b)removes, alters, obliterates or defaces a mark or number on such lumber or lumbering equipment; or
(c)refuses to deliver such lumber or lumbering equipment up to the owner or to the person in charge of it on behalf of the owner or to a person authorized by the owner to receive it.
127(1)The portion of section 340 of the Act before paragraph (a) is replaced by the following:
Destroying documents of title
340Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who, for a fraudulent purpose, destroys, cancels, conceals or obliterates
(2)The portion of section 340 of the English version of the Act after paragraph (c) is repealed.
128Section 341 of the Act is replaced by the following:
Fraudulent concealment
341Every person who, for a fraudulent purpose, takes, obtains, removes or conceals anything is guilty of
(a)an indictable offence and liable to imprisonment for a term of not more than two years; or
(b)an offence punishable on summary conviction.
2007, c. 9, s. 1
129Paragraph 347(1)‍(b) of the Act is replaced by the following:
(b)guilty of an offence punishable on summary conviction and liable to a fine of not more than $25,000 or to imprisonment for a term of not more than two years less a day, or to both.
130Subsection 351(2) of the Act is replaced by the following:
Disguise with intent
(2)Every person who, with intent to commit an indictable offence, has their face masked or coloured or is otherwise disguised is guilty of
(a)an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b)an offence punishable on summary conviction.
131Section 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 or was intended to be used for that purpose, is guilty of
(a)an indictable offence and liable to imprisonment for a term of not more than two years; or
(b)an offence punishable on summary conviction.
132(1)The portion of subsection 353(1) of the Act before paragraph (a) is replaced by the following:
Selling, etc.‍, automobile master key
353(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
(2)The portion of subsection 353(1) of the English version of the Act after paragraph (b) is repealed.
1994, c. 44, s. 21(1)
133(1)Paragraph 355(a) of the Act is replaced by the following:
(a)if the subject matter of the offence is a testamentary instrument or the value of the subject matter of the offence is more than $5,000, is guilty of
(i)an indictable offence and liable to imprisonment for a term of not more than 10 years, or
(ii)an offence punishable on summary conviction; or
(2)The portion of paragraph 355(b) of the Act before subparagraph (i) is replaced by the following:
(b)if the value of the subject matter of the offence is not more than $5,000, is guilty
1994, c. 44, s. 21(2)
(3)The portion of paragraph 355(b) of the Act after subparagraph (ii) is repealed.
R.‍S.‍, c. 27 (1st Supp.‍), s. 50
134Section 357 of the Act is replaced by the following:
Bringing into Canada property obtained by crime
357Every person who brings into or has in Canada anything that they have obtained outside Canada by an act that, if it had been committed in Canada, would have been the offence of theft or an offence under section 342 or 354 is guilty of
(a)an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b)an offence punishable on summary conviction.
1994, c. 44, s. 22(1)
135(1)Paragraph 362(2)‍(a) of the Act is replaced by the following:
(a)if the property obtained is a testamentary instrument or the value of what is obtained is more than $5,000, is guilty of
(i)an indictable offence and liable to imprisonment for a term of not more than 10 years, or
(ii)an offence punishable on summary conviction; or
(2)The portion of paragraph 362(2)‍(b) of the Act before subparagraph (i) is replaced by the following:
(b)if the value of what is obtained is not more than $5,000, is guilty
1994, c. 44, s. 22(2)
(3)The portion of paragraph 362(2)‍(b) of the Act after subparagraph (ii) is repealed.
(4)Subsection 362(3) of the Act is replaced by the following:
Idem
(3)Every person who commits an offence under paragraph (1)‍(b), (c) or (d) is guilty of
(a)an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b)an offence punishable on summary conviction.
136(1)The portion of section 363 of the Act before paragraph (a) is replaced by the following:
Obtaining execution of valuable security by fraud
363Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, with intent to defraud or injure another person, by a false pretence causes or induces any person
(2)The portion of section 363 of the English version of the Act after paragraph (b) is repealed.
137(1)The portion of subsection 377(1) of the Act before paragraph (a) is replaced by the following:
Damaging documents
377(1)Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who unlawfully
(2)The portion of subsection 377(1) of the English version of the Act after paragraph (d) is repealed.
138(1)The portion of section 378 of the Act before paragraph (a) is replaced by the following:
Offences in relation to registers
378Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who
(2)The portion of section 378 of the English version of the Act after paragraph (c) is repealed.
139Section 381 of the Act is replaced by the following:
Using mails to defraud
381Every person who makes use of the mails for the purpose of transmitting or delivering letters or circulars concerning schemes devised or intended to deceive or defraud the public, or for the purpose of obtaining money under false pretences, is guilty of
(a)an indictable offence and liable to imprisonment for a term of not more than two years; or
(b)an offence punishable on summary conviction.
2004, c. 3, s. 4(F)
140(1)The portion of section 382 of the Act before paragraph (a) is replaced by the following:
Fraudulent manipulation of stock exchange transactions
382Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who, through the facility of a stock exchange, curb market or other market, with intent to create a false or misleading appearance of active public trading in a security or with intent to create a false or misleading appearance with respect to the market price of a security,
2004, c. 3, s. 4(E)
(2)The portion of section 382 of the English version of the Act after paragraph (c) is repealed.
2004, c. 3, s. 5
141The portion of subsection 382.1(1) of the Act before paragraph (a) is replaced by the following:
Prohibited insider trading
382.1(1)Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who, directly or indirectly, buys or sells a security, knowingly using inside information that they
142(1)The portion of subsection 383(1) of the Act before paragraph (a) is replaced by the following:
Gaming in stocks or merchandise
383(1)Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, with intent to make gain or profit by the rise or fall in price of the stock of an incorporated or unincorporated company or undertaking, whether in or outside Canada, or of any goods, wares or merchandise,
(2)The portion of subsection 383(1) of the English version of the Act after paragraph (b) is replaced by the following:
This section does not apply if a broker, on behalf of a purchaser, receives delivery, even if the broker retains or pledges what is delivered as security for the advance of the purchase money or any part of it.
143Section 384 of the Act is replaced by the following:
Broker reducing stock by selling for their own account
384(1)Every person commits an offence who, being an individual, or a member or employee of a partnership, or a director, officer or employee of a corporation, if they or the partnership or corporation is employed as a broker by any customer to buy and carry on margin any shares of an incorporated or unincorporated company or undertaking, whether in or outside Canada, later sells or causes to be sold shares of the company or undertaking for any account in which they or their firm or a partner of the firm or the corporation or a director of the corporation has a direct or indirect interest, if the effect of the sale is, otherwise than unintentionally, to reduce the amount of those shares in the hands of the broker or under their control in the ordinary course of business below the amount of those shares that the broker should be carrying for all customers.
Punishment
(2)Every person 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.
144(1)The portion of subsection 385(1) of the Act before paragraph (a) is replaced by the following:
Fraudulent concealment of title documents
385(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, being a vendor, mortgagor or hypothecary debtor of property or a chose in action or an incorporeal right or being a lawyer or notary for or agent or mandatary of a vendor, mortgagor or hypothecary debtor of property, a chose in action or incorporeal right, is served with a written demand for an abstract of title by or on behalf of the purchaser, mortgagee or hypothecary creditor before the completion of the purchase, mortgage or hypothec, and who
(2)Paragraph 385(1)‍(a) of the English version of the Act is replaced by the following:
(a)with intent to defraud and for the purpose of inducing the purchaser, mortgagee or hypothecary creditor to accept the title offered or produced to them, conceals from them any settlement, deed, will or other instrument or act material to the title, or any encumbrance on the title, or
(3)The portion of subsection 385(1) of the English version of the Act after paragraph (b) is repealed.
145(1)The portion of section 386 of the Act before paragraph (a) is replaced by the following:
Fraudulent registration of title
386Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, as principal, agent or mandatary in a proceeding to register title to real property or immovable property, or in a transaction relating to real property or immovable property that is or is proposed to be registered, knowingly and with intent to deceive,
(2)The portion of section 386 of the English version of the Act after paragraph (c) is repealed.
146Section 387 of the Act is replaced by the following:
Fraudulent sale of real property
387Every person who, knowing of an unregistered prior sale or of an existing unregistered grant, mortgage, hypothec, lien or encumbrance of or on real property, fraudulently sells the property or any part of it is guilty of
(a)an indictable offence and liable to imprisonment for a term of not more than two years; or
(b)an offence punishable on summary conviction.
147(1)The portion of section 388 of the Act before paragraph (a) is replaced by the following:
Misleading receipt
388Every 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 knowingly,
(2)The portion of section 388 of the English version of the Act after paragraph (b) is repealed.
148(1)The portion of subsection 389(1) of the Act before paragraph (a) is replaced by the following:
Fraudulent disposal of goods on which money advanced
389(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
(2)The portion of subsection 389(1) of the English version of the Act after paragraph (b) is repealed.
149Section 390 of the Act is replaced by the following:
Fraudulent receipts under Bank Act
390Every 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)knowingly makes a false statement in any receipt, certificate or acknowledgment for anything that may be used for a purpose mentioned in the Bank Act; or
(b)knowingly, after either giving to another person or after a person employed by them has, to their knowledge, given to another person, or after obtaining and endorsing or assigning to another person, any receipt, certificate or acknowledgment for anything that may be used for a purpose mentioned in the Bank Act, without the consent in writing of the holder or endorsee or the production and delivery of the receipt, certificate or acknowledgment, alienates or parts with, or does not deliver to the holder or owner the property mentioned in the receipt, certificate or acknowledgment.
150(1)The portion of section 392 of the Act before paragraph (a) is replaced by the following:
Disposal of property to defraud creditors
392Every 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,
(2)The portion of section 392 of the English version of the Act after paragraph (b) is repealed.
151(1)The portion of subsection 393(1) of the Act before paragraph (a) is replaced by the following:
Fraud in relation to fares, etc.
393(1)Every person whose duty it is to collect a fare, toll, ticket or admission and who intentionally does any of the following 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:
(2)The portion of subsection 393(1) of the English version of the Act after paragraph (c) is repealed.
(3)The portion of subsection 393(2) of the Act before paragraph (a) is replaced by the following:
Idem
(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 gives or offers to a person whose duty it is to collect a fare, toll, ticket or admission fee any valuable consideration
(4)The portion of subsection 393(2) of the English version of the Act after paragraph (b) is repealed.
1999, c. 5, s. 10
152Subsection 394(5) of the Act is replaced by the following:
Offence
(5)A person who contravenes subsection (1), (2) or (3) 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.
1999, c. 5, s. 10
153Subsection 394.1(3) of the Act is replaced by the following:
Offence
(3)A person who contravenes 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.
154Section 395 of the Act is amended by adding the following after subsection (1):
Execution in Canada
(1.1)A warrant issued under subsection (1) may be executed at any place in Canada. A public officer named in the warrant, or any peace officer, who executes the warrant must have authority to act in that capacity in the place where the warrant is executed.
155(1)The portion of subsection 396(1) of the Act before paragraph (a) is replaced by the following:
Offences in relation to mines
396(1)Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who
(2)The portion of subsection 396(1) of the English version of the Act after paragraph (b) is repealed.
156(1)The portion of subsection 397(1) of the Act before paragraph (a) is replaced by the following:
Books and documents
397(1)Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, with intent to defraud,
(2)The portion of subsection 397(1) of the English version of the Act after the portion before paragraph (a) is replaced by the following:
(a)destroys, mutilates, alters, falsifies or makes a false entry in a book, paper, writing, valuable security or document, or
(b)omits a material particular from, or alters a material particular in, a book, paper, writing, valuable security or document.
(3)Subsection 397(2) of the Act is replaced by the following:
Privy
(2)Every person who, with intent to defraud their creditors, is privy to the commission of 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.
157(1)The portion of section 399 of the Act before paragraph (a) is replaced by the following:
False return by public officer
399Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, being entrusted with the receipt, custody or management of any part of the public revenues, knowingly furnishes a false statement or return of
(2)The portion of section 399 of the English version of the Act after paragraph (b) is repealed.
158(1)The portion of subsection 400(1) of the Act before paragraph (a) is replaced by the following:
False prospectus, etc.
400(1)Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who makes, circulates or publishes a prospectus, a statement or an account, whether written or oral, that they know is false in a material particular, with intent
(2)The portion of subsection 400(1) of the English version of the Act after paragraph (c) is repealed.
159(1)Section 405 of the Act is 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, confession of judgment, consent to judgment or judgment, deed or other instrument or act 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.
(2)The portion of section 405 of the Act before paragraph (a) is 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, undertaking, release order, confession of judgment, consent to judgment or judgment, deed or other instrument or act is guilty of
160(1)The portion of subsection 417(1) 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 or is guilty of an offence punishable on summary conviction who,
(2)The portion of subsection 417(1) of the English version of the Act after paragraph (b) is repealed.
2001, c. 32, s. 10
161Paragraph 423(1)‍(a) of the Act is replaced by the following:
(a)uses violence or threats of violence to that person or their intimate partner or children, or injures the person’s property;
2001, c. 41, s. 11
162Sections 424 and 424.1 of the Act are replaced by the following:
Threat against internationally protected person
424Every person who threatens to commit an offence under section 235, 236, 266, 267, 268, 269, 269.1, 271, 272, 273, 279 or 279.1 against an internationally protected person or who threatens to commit an offence under section 431 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.
Threat against United Nations or associated personnel
424.1Every person who, with intent to compel any person, group of persons, state or any international or intergovernmental organization to do or refrain from doing any act, threatens to commit an offence under section 235, 236, 266, 267, 268, 269, 269.1, 271, 272, 273, 279 or 279.1 against a member of United Nations personnel or associated personnel or threatens to commit an offence under section 431.1 is guilty of
(a)an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b)an offence punishable on summary conviction.
R.‍S.‍, c. 27 (1st Supp.‍), s. 56
163Subsection 426(3) of the Act is replaced by the following:
Punishment
(3)A person who commits an offence under this section 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.
2001, c. 41, s. 12
164(1)Paragraph 430(4.1)‍(b) of the Act is replaced by the following:
(b)is guilty of an offence punishable on summary conviction.
2014, c. 9, s. 1
(2)Paragraph 430(4.11)‍(c) of the Act is replaced by the following:
(c)if the offence is punishable on summary conviction, to imprisonment for a term of not more than two years less a day.
1990, c. 15, s. 1
165Subsection 435(1) of the Act is replaced by the following:
Arson for fraudulent purpose
435(1)Every person who, with intent to defraud any other person, causes damage by fire or explosion to property, whether or not that person owns, in whole or in part, the property, is guilty of
(a)an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b)an offence punishable on summary conviction.
1990, c. 15, s. 1
166Subsection 436(1) of the Act is replaced by the following:
Arson by negligence
436(1)Every person who owns, in whole or in part, or controls property and who, as a result of a marked departure from the standard of care that a reasonably prudent person would use to prevent or control the spread of fires or to prevent explosions, is a cause of a fire or explosion in that property that causes bodily harm to another person or damage to property 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.
1990, c. 15, s. 1
167Section 436.1 of the Act is replaced by the following:
Possession of incendiary material
436.1Every person who possesses any incendiary material, incendiary device or explosive substance for the purpose of committing an offence under any of sections 433 to 436 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.
168(1)The portion of subsection 438(1) of the Act before paragraph (a) is replaced by the following:
Interfering with saving of wrecked vessel
438(1)Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who intentionally prevents or impedes, or who intentionally endeavours to prevent or impede,
(2)The portion of subsection 438(1) of the English version of the Act after paragraph (b) is repealed.
169Subsection 439(2) of the Act is replaced by the following:
Idem
(2)Every person who intentionally alters, removes or conceals a signal, buoy or other sea-mark that is used for purposes of navigation is guilty of
(a)an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b)an offence punishable on summary conviction.
170Sections 440 and 441 of the Act are replaced by the following:
Removing natural bar without permission
440Every person who knowingly and without the written permission of the Minister of Transport removes any stone, wood, earth or other material that forms a natural bar necessary to the existence of a public harbour, or that forms a natural protection to such a bar, is guilty of
(a)an indictable offence and liable to imprisonment for a term of not more than two years; or
(b)an offence punishable on summary conviction.
Occupant injuring building
441Every person who, intentionally and to the prejudice of a mortgagee, a hypothecary creditor or an owner, pulls down, demolishes or removes all or any part of a dwelling-house or other building of which they are in possession or occupation, or severs from the freehold any fixture fixed to it or from the immovable property any movable permanently attached or joined to the immovable, 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.
171(1)The portion of subsection 443(1) of the Act before paragraph (a) is replaced by the following:
Interfering with international boundary marks, etc.
443(1)Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who intentionally pulls down, defaces, alters or removes
(2)The portion of subsection 443(1) of the English version of the Act after paragraph (b) is repealed.
2008, c. 12, s. 1
172Paragraph 445(2)‍(b) of the Act is replaced by the following:
(b)an offence punishable on summary conviction and liable to a fine of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.
2015, c. 34, s. 3
173Paragraph 445.01(2)‍(b) of the Act is replaced by the following:
(b)an offence punishable on summary conviction and liable to a fine of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.
2008, c. 12, s. 1
174Paragraph 445.1(2)‍(b) of the Act is replaced by the following:
(b)an offence punishable on summary conviction and liable to a fine of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.
2008, c. 12, s. 1
175Paragraph 446(2)‍(b) of the Act is replaced by the following:
(b)an offence punishable on summary conviction.
2008, c. 12, s. 1
176Paragraph 447(2)‍(b) of the Act is replaced by the following:
(b)an offence punishable on summary conviction and liable to a fine of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.
177Section 451 of the Act is replaced by the following:
Having clippings, etc.
451Every person who, without lawful justification or excuse, has in their custody or possession gold or silver filings, clippings or bullion or gold or silver in dust, solution or otherwise, 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
(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.
178(1)The portion of section 453 of the Act before paragraph (a) is replaced by the following:
Uttering coin
453Every 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, with intent to defraud, knowingly utters
(2)The portion of section 453 of the English version of the Act after paragraph (b) is repealed.
179(1)The portion of subsection 460(1) of the Act before paragraph (a) is replaced by the following:
Advertising and dealing in counterfeit money, etc.
460(1)Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who
(2)The portion of subsection 460(1) of the English version of the Act after paragraph (b) is repealed.
R.‍S.‍, c. 50 (4th Supp.‍), s. 1
180Paragraphs 462.2(a) and (b) of the Act are replaced by the following:
(a)for a first offence, to a fine of not more than $100,000 or to imprisonment for a term of not more than two years less a day, or to both; or
(b)for a second or subsequent offence, to a fine of not more than $300,000 or to imprisonment for a term of not more than two years less a day, or to both.
2001, c. 32, s. 12(7); 2005, c. 44, s. 1(2); 2010, c. 14, s. 7
181Subsections 462.3(3) and (4) of the Act are repealed.
R.‍S.‍, c. 42 (4th Supp.‍), s. 2; 1997, c. 18, s. 29
182Subsections 462.32(2.1) to (3) of the Act are replaced by the following:
Execution in Canada
(2.1)A warrant issued under subsection (1) may be executed at any place in Canada. Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed.
Other provisions to apply
(3)Subsections 487(2.1) to (3) and section 488 apply, with any modifications that the circumstances require, to a warrant issued under this section.
1997, c. 18, s. 30(3)
183Subsection 462.33(3.01) of the Act is replaced by the following:
Effect of order
(3.01)A restraint order issued under subsection (1) has effect throughout Canada.
1997, c. 18, s. 31(1)
184(1)Subparagraph 462.34(4)‍(c)‍(iii) of the Act is replaced by the following:
(iii)permitting the use of the property in relation to an undertaking or release order,
R.‍S.‍, c. 42 (4th Supp.‍), s. 2
(2)Subsection 462.34(8) of the Act is repealed.
1998, c. 35, s. 121
185Paragraph 465(1)‍(b) of the Act is replaced by the following:
(b)every one who conspires with any one to prosecute a person for an alleged offence, knowing that they did not commit that offence, is guilty of
(i)an indictable offence and liable to imprisonment for a term of not more than 10 years or an offence punishable on summary conviction, if the alleged offence is one for which, on conviction, that person would be liable to be sentenced to imprisonment for life or for a term of not more than 14 years, or
(ii)an indictable offence and liable to imprisonment for a term of not more than five years or an offence punishable on summary conviction, if the alleged offence is one for which, on conviction, that person would be liable to imprisonment for less than 14 years;
2001, c. 32, s. 27
186Subsection 467.11(1) of the Act is replaced by the following:
Participation in activities of criminal organization
467.11(1)Every person who, for the purpose of enhancing the ability of a criminal organization to facilitate or commit an indictable offence under this or any other Act of Parliament, knowingly, by act or omission, participates in or contributes to any activity of the criminal organization 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.
2001, c. 32, s. 28; 2014, c. 17, s. 11
187Section 467.2 of the Act is repealed.
2002, c. 13, s. 17(1)
188(1)The portion of subsection 482(2) of the Act before paragraph (a) is replaced by the following:
Power to make rules
(2)The following courts may make rules of court not inconsistent with this Act or any other Act of Parliament that are applicable to any prosecution, proceeding, including a preliminary inquiry or proceedings within the meaning of Part XXVII, action or appeal, as the case may be, within the jurisdiction of that court, instituted in relation to any matter of a criminal nature or arising from or incidental to the prosecution, proceeding, action or appeal:
(2)Subsection 482(4) of the Act is replaced by the following:
Publication
(4)Rules of court that are made under this section must be published or otherwise made available to the public.
2002, c. 13, s. 18
189(1)Subsection 482.1(4) of the Act is replaced by the following:
Provisions to apply
(4)Sections 512 and 512.3 apply, with any modifications that the circumstances require, to the issuance of a summons or a warrant under subsection (3).
2002, c. 13, s. 18
(2)Subsections 482.1(5) and (6) of the Act are replaced by the following:
Subsections 482(4) and (5) to apply
(5)Subsections 482(4) and (5) apply, with any modifications that the circumstances require, to rules made under subsection (1).
2002, c. 13, s. 19
190Subsection 485(1.1) of the Act is replaced by the following:
When accused not appearing personally
(1.1)Jurisdiction over an accused is not lost by reason of the failure of the accused to appear personally, so long as the provisions of this Act or a rule made under section 482 or 482.1 permitting the accused not to appear personally apply.
2010, c. 3, s. 4; 2012, c. 1, s. 28; 2014, c. 25, s. 21
191Subsection 486(3) of the Act is replaced by the following:
Reasons to be stated
(3)If an accused is charged with an offence under section 151, 152, 153, 153.1 or 155, subsection 160(2) or (3) or section 163.1, 170, 171, 171.1, 172, 172.1, 172.2, 173, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 286.1, 286.2 or 286.3 and the prosecutor or the accused applies for an order under subsection (1), the judge or justice shall, if no such order is made, state, by reference to the circumstances of the case, the reason for not making an order.
2010, c. 3, s. 5; 2012, c. 1, s. 29; 2014, c. 25, s. 22(1)
192Subparagraph 486.4(1)‍(a)‍(i) of the Act is replaced by the following:
(i)an offence under section 151, 152, 153, 153.1, 155, 160, 162, 163.1, 170, 171, 171.1, 172, 172.1, 172.2, 173, 210, 211, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 280, 281, 286.1, 286.2, 286.3, 346 or 347, or
2008, c. 18, s. 11(1)
193(1)Subsection 487(2) of the Act is replaced by the following:
Execution in Canada
(2)A warrant issued under subsection (1) may be executed at any place in Canada. A public officer named in the warrant, or any peace officer, who executes the warrant must have authority to act in that capacity in the place where the warrant is executed.
2008, c. 18, s. 11(2)
(2)Subsection 487(4) of the Act is repealed.
1993, c. 40, s. 15
194Subsection 487.01(6) of the Act is replaced by the following:
Execution in Canada
(6)A warrant issued under subsection (1) may be executed at any place in Canada. Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed.
2014, c. 31, s. 20
195Subsection 487.019(2) of the Act is replaced by the following:
Effect of order
(2)The order has effect throughout Canada.
2014, c. 31, s. 20
196Section 487.0198 of the Act is replaced by the following:
Offence — preservation or production order
487.0198A person, financial institution or entity that contravenes an order made under any of sections 487.013 to 487.018 without lawful excuse is guilty of an offence punishable on summary conviction and liable to a fine of not more than $250,000 or to imprisonment for a term of not more than two years less a day, or to both.
2014, c. 31, s. 20
197Section 487.02 of the Act is replaced by the following:
Assistance order
487.02If an authorization is given under section 184.2, 184.3, 186 or 188 or a warrant is issued under this Act, the judge or justice who gives the authorization or issues the warrant may order a person to provide assistance, if the person’s assistance may reasonably be considered to be required to give effect to the authorization or warrant. The order has effect throughout Canada.
2007, c. 22, s. 7; 2008, c. 18, s. 12
198Section 487.03 of the Act is repealed.
199Section 487.05 of the Act is amended by adding the following after subsection (3):
Execution in Canada
(4)A warrant issued under subsection (1) may be executed at any place in Canada. Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed.
2005, c. 25, s. 4; 2007, c. 22, s. 3
200Paragraph 487.053(2)‍(c) of the Act is replaced by the following:
(c)may require the person to appear by closed-circuit television or videoconference, as long as the person is given the opportunity to communicate privately with counsel if they are represented by counsel.
2007, c. 22, s. 11(2)
201Subsection 487.055(3.01) of the Act is replaced by the following:
Manner of appearance
(3.01)The court may require a person who is given notice of an application under subsection (1) and who wishes to appear at the hearing to appear by closed-circuit television or videoconference, as long as the person is given the opportunity to communicate privately with counsel if they are represented by counsel.
1998, c. 37, s. 21(2)
202Paragraph 487.08(4)‍(b) of the Act is replaced by the following:
(b)is guilty of an offence punishable on summary conviction.
1997, c. 18, s. 45
203Subsection 487.092(3) of the Act is replaced by the following:
Execution in Canada
(3)A warrant issued under subsection (1) may be executed at any place in Canada. Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed.
2004, c. 10, s. 20
204Subparagraph (b)‍(iii) of the definition designated offence in subsection 490.011(1) of the Act is repealed.
2010, c. 17, s. 5
205Paragraph 490.012(4)‍(c) of the Act is replaced by the following:
(c)may require the person to appear at the hearing by closed-circuit television or videoconference, as long as the person is given the opportunity to communicate privately with counsel if they are represented by counsel.
2010, c. 17, s. 21(1)
206Paragraph 490.031(1)‍(b) of the Act is replaced by the following:
(b)on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.
2010, c. 17, s. 22
207Paragraph 490.0311(b) of the Act is replaced by the following:
(b)on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.
1997, c. 23, s. 15
208Subsection 490.8(9) of the Act is replaced by the following:
Offence
(9)Any person on whom a restraint order made under this section is served in accordance with this section and who, while the order is in force, acts in contravention of or fails to comply with the order 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.
209Section 492.1 of the Act is amended by adding the following after subsection (6):
Execution in Canada
(6.1)A warrant issued under this section may be executed at any place in Canada. Any public officer or peace officer who executes the warrant must have authority to act in that capacity in the place where the warrant is executed.
210Section 492.2 of the Act is amended by adding the following after subsection (5):
Execution in Canada
(5.1)A warrant issued under subsection (1) may be executed at any place in Canada. Any public officer or peace officer who executes the warrant must have authority to act in that capacity in the place where the warrant is executed.
1994, c. 44, s. 39
211(1)The definitions appearance notice, officer in charge, promise to appear, recognizance, summons and undertaking in section 493 of the Act are repealed.
(2)Paragraph (a) of the definition accused in section 493 of the Act is replaced by the following:
(a)a person to whom a peace officer has issued an appearance notice under section 497, and
212The Act is amended by adding the following after section 493:
Principle and Considerations
Principle of restraint
493.1In making a decision under this Part, a peace officer, justice or judge shall give primary consideration to the release of the accused at the earliest reasonable opportunity and on the least onerous conditions that are appropriate in the circumstances, including conditions that are reasonably practicable for the accused to comply with, while taking into account the grounds referred to in subsection 498(1.1) or 515(10), as the case may be.
Aboriginal accused or vulnerable populations
493.2In making a decision under this Part, a peace officer, justice or judge shall give particular attention to the circumstances of
(a)Aboriginal accused; and
(b)accused who belong to a vulnerable population that is overrepresented in the criminal justice system and that is disadvantaged in obtaining release under this Part.
213The Act is amended by adding the following after section 495:
Arrest without warrant – application of section 524
495.1Despite any other provision in this Act, if a peace officer has reasonable grounds to believe that an accused has contravened or is about to contravene a summons, appearance notice, undertaking or release order that was issued or given to the accused or entered into by the accused, or has committed an indictable offence while being subject to a summons, appearance notice, undertaking or release order, the peace officer may arrest the accused without a warrant for the purpose of taking them before a judge or justice to be dealt with under section 524.
1999, c. 25, s. 3
214Sections 496 and 497 of the Act are replaced by the following:
Appearance notice for judicial referral hearing
496If a peace officer has reasonable grounds to believe that a person has failed to comply with a summons, appearance notice, undertaking or release order or to attend court as required and that the failure did not cause a victim physical or emotional harm, property damage or economic loss, the peace officer may, without laying a charge, issue an appearance notice to the person to appear at a judicial referral hearing under section 523.1.
Issue of appearance notice by peace officer
497If, by virtue of subsection 495(2), a peace officer does not arrest a person, they may issue an appearance notice to the person if the offence is
(a)an indictable offence mentioned in section 553;
(b)an offence for which the person may be prosecuted by indictment or for which they are punishable on summary conviction; or
(c)an offence punishable on summary conviction.
1999, c. 25, s. 4(1) and 30
215(1)Subsection 498(1) of the Act is replaced by the following:
Release from custody — arrest without warrant
498(1)Subject to subsection (1.1), if a person has been arrested without warrant for an offence, other than one listed in section 469, and has not been taken before a justice or released from custody under any other provision of this Part, a peace officer shall, as soon as practicable, release the person, if
(a)the peace officer intends to compel the person’s appearance by way of summons;
(b)the peace officer issues an appearance notice to the person; or
(c)the person gives an undertaking to the peace of­ficer.
Person delivered or detained
(1.01)Subsection (1) also applies in respect of a person who has been arrested without warrant and delivered to a peace officer under subsection 494(3) or placed in the custody of a peace officer under subsection 163.5(3) of the Customs Act and who is detained in custody for an offence other than one listed in section 469 and who has not been taken before a justice or released from custody under any other provision of this Part.
1999, c. 25, s. 4(1)
(2)The portion of subsection 498(1.1) of the Act before paragraph (a) is replaced by the following:
Exception
(1.1)The peace officer shall not release the person if the peace officer believes, on reasonable grounds,
(3)Subsection 498(2) of the Act is replaced by the following:
When subsections (1) and (1.01) do not apply
(2)Subsections (1) and (1.01) do not apply in respect of a person who has been arrested without warrant by a peace officer for an offence described in subsection 503(3).
1999, c. 25, s. 4(2)
(4)The portion of subsection 498(3) of the Act before paragraph (a) is replaced by the following:
Consequences of non-release
(3)A peace officer who has arrested a person without a warrant, or who has been given the custody of a person arrested without a warrant, for an offence described in subsection (1), and who does not release the person from custody as soon as practicable in the manner described in that subsection shall be deemed to be acting lawfully and in the execution of the officer’s duty for the purposes of
1997, c. 18, s. 52(3)
(5)Paragraph 498(3)‍(b) of the Act is replaced by the following:
(b)any other proceedings, unless in any such proceedings it is alleged and established by the person making the allegation that the peace officer did not comply with the requirements of subsection (1).
1994, c. 44, s. 40; 1997, c. 18, s. 53; 1999, c. 25, s. 5
216Section 499 of the Act is replaced by the following:
Release from custody — arrest with warrant
499If a person who has been arrested with a warrant by a peace officer is taken into custody for an offence other than one listed in section 469 and the warrant has been endorsed by a justice under subsection 507(6), a peace officer may release the person, if
(a)the peace officer issues an appearance notice to the person; or
(b)the person gives an undertaking to the peace of­ficer.
R.‍S.‍, c. 27 (1st Supp.‍), s. 76(2); 1992, c. 47, s. 69; 1994, c. 44, s. 41; 1996, c. 7, s. 38; 1997, c. 18, s. 54; 1999, c. 25, s. 6; 2008, c. 18, s. 15
217Sections 500 to 502 of the Act are replaced by the following:
Contents of appearance notice
500(1)An appearance notice shall
(a)set out the name, date of birth and contact information of the accused;
(b)set out the substance of the offence that the accused is alleged to have committed;
(c)require the accused to attend court at a time and place to be stated in the notice and to attend afterwards as required by the court; and
(d)indicate if the accused is required to appear at a judicial referral hearing under section 523.1 for a failure under section 496.
Summary of consequences — failure to appear
(2)An appearance notice shall set out a summary of subsections 145(3) and (6), section 512.2 and subsection 524(4) and the possible consequences of a failure to appear at a judicial referral hearing under section 523.1.
Attendance for purposes of Identification of Criminals Act
(3)An appearance notice may require the accused to appear at the time and place stated in it for the purposes of the Identification of Criminals Act, if the accused is alleged to have committed an indictable offence and, in the case of an offence designated as a contravention under the Contraventions Act, the Attorney General, within the meaning of that Act, has not made an election under section 50 of that Act.
Signature of accused
(4)An accused shall be requested to sign in duplicate their appearance notice and, whether or not they comply with that request, one of the duplicates shall be given to the accused. If the accused fails or refuses to sign, the lack of their signature does not invalidate the appearance notice.
Contents of undertaking
501(1)An undertaking under paragraph 498(1)‍(c), 499(b) or 503(1.1)‍(b) must set out
(a)the name, date of birth and contact information of the accused;
(b)the substance of the offence that the accused is alleged to have committed; and
(c)a summary of subsections 145(4) and (6), sections 512 and 512.2 and subsection 524(4).
Mandatory conditions
(2)The undertaking must contain a condition that the accused attend court at the time and place stated in the undertaking and to attend afterwards as required by the court.
Additional conditions
(3)The undertaking may contain one or more of the following conditions, if the condition is reasonable in the circumstances of the offence and necessary, to ensure the accused’s attendance in court or the safety and security of any victim of or witness to the offence, or to prevent the continuation or repetition of the offence or the commission of another offence:
(a)report at specified times to the peace officer or other specified person;
(b)remain within a specified territorial jurisdiction;
(c)notify the peace officer or other specified person of any change in their address, employment or occupation;
(d)abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the undertaking, except in accordance with any specified conditions;
(e)abstain from going to any specified place or entering any geographic area related to any person referred to in paragraph (d), except in accordance with any specified conditions;
(f)deposit all their passports with the peace officer or other specified person;
(g)reside at a specified address, be at that address at specified hours and present themselves at the entrance of that residence to a peace officer or other specified person, at the officer’s or specified person’s request during those hours;
(h)abstain from possessing a firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, and surrender those that are in their possession to the peace officer or other specified person and also any authorization, licence or registration certificate or other document enabling them to acquire or possess them;
(i)promise to pay an amount specified in the undertaking, which shall not be more than $500, if they fail to comply with any condition of the undertaking;
(j)deposit, with the peace officer specified in the undertaking, money or other valuable security whose value does not exceed $500 if, at the time of giving the undertaking, the accused is not ordinarily resident in the province or does not ordinarily reside within 200 kilometres of the place in which they are in custody; and
(k)comply with any other specified condition for ensuring the safety and security of any victim of, or witness to, the offence.
Attendance for purposes of Identification of Criminals Act
(4)The undertaking may require the accused to appear at the time and place stated in it for the purposes of the Identification of Criminals Act if the accused is alleged to have committed an indictable offence and, in the case of an offence designated as a contravention under the Contraventions Act, the Attorney General, within the meaning of that Act, has not made an election under section 50 of that Act.
Money or other valuable security to be deposited with justice
(5)If the accused has deposited an amount of money or other valuable security with a peace officer, the officer shall, without delay after the deposit, cause the money or valuable security to be delivered to a justice for deposit with the justice.
Signature of accused
(6)The accused shall be requested to sign in duplicate their undertaking and, whether or not they comply with that request, one of the duplicates shall be given to them. If they fail or refuse to sign, the lack of their signature does not invalidate the undertaking.
Variation of undertaking on consent
502(1)The undertaking in respect of which an accused has been released under section 498, 499 or 503 may, with the written consent of the accused and the prosecutor, be varied and the undertaking so varied is deemed to be an undertaking given under section 498, 499 or 503, as the case may be.
Replacement by justice of undertaking with order
(2)The accused or the prosecutor may, in the absence of consent between them, apply to a justice for a release order under subsection 515(1) or (2) to replace an undertaking given by the accused under paragraph 498(1)‍(c), 499(b) or 503(1.1)‍(b) with the order. If the prosecutor applies for the order, the prosecutor must provide three days notice to the accused.
218The Act is amended by adding the following before section 503:
Appearance of the accused
502.1(1)Except as otherwise provided in this Part, an accused who is required to appear in a proceeding under this Part shall appear personally but may appear by audioconference or videoconference, if arrangements are made with the court in advance and those arrangements are satisfactory to the justice.
Witness in Canada
(2)Despite section 714.1, a witness in Canada who is required to give evidence in a proceeding under this Part may do so by audioconference or videoconference, if it is satisfactory to the justice.
Witness outside Canada
(3)For greater certainty, sections 714.2 to 714.8 apply when a witness outside Canada gives evidence in a proceeding under this Part.
Participants
(4)A participant, as defined in subsection 715.25(1), who is to participate in a proceeding under this Part shall participate personally but may participate by audioconference or videoconference, if it is satisfactory to the justice.
Justice
(5)The justice who is to preside at a proceeding under this Part shall preside personally but may preside by audioconference or videoconference, if the justice considers it necessary in the circumstances.
1994, c. 44, s. 42; 1997, c. 18, s. 55(1) and (2); 1998, c. 7, s. 3; 1999, c. 25, s. 7
219(1)Subsections 503(1) to (2.3) of the Act are replaced by the following:
Taking before justice
503(1)Subject to the other provisions of this section, a peace officer who arrests a person with or without warrant and who has not released the person under any other provision under this Part shall, in accordance with the following paragraphs, cause the person to be taken before a justice to be dealt with according to law:
(a)if a justice is available within a period of 24 hours after the person has been arrested by the peace officer, the person shall be taken before a justice without unreasonable delay and in any event within that period; and
(b)if a justice is not available within a period of 24 hours after the person has been arrested by the peace officer, the person shall be taken before a justice as soon as possible.
Re-evaluation of detention
(1.1)At any time before the expiry of the time referred to in paragraph (1)‍(a) or (b), a peace officer who is satisfied that the continued detention of the person in custody for an offence that is not listed in section 469 is no longer necessary shall release the person, if
(a)the peace officer issues an appearance notice to the person; or
(b)the person gives an undertaking to the peace of­ficer.
Person delivered or in custody
(2)Subsections (1) and (1.1) also apply to a peace officer to whom a person is delivered under subsection 494(3) or into whose custody a person is placed under subsection 163.5(3) of the Customs Act, except that the 24-hour period referred to in paragraphs (1)‍(a) and (b) begins after the person is delivered to the officer.
R.‍S.‍, c. 27 (1st Supp.‍), s. 77
(2)Paragraph 503(3.1)‍(a) of the English version of the Act is replaced by the following:
(a)without conditions; or
R.‍S.‍, c. 27 (1st Supp.‍), s. 77; 1997, c. 18, s. 55(4)
(3)Paragraph 503(3.1)‍(b) of the Act is replaced by the following:
(b)on the terms of a release order containing any conditions referred to in paragraphs 515(2)‍(a) to (e) that the justice considers desirable and to which the prosecutor consents.
(4)Subsection 503(4) of the Act is replaced by the following:
Release of person about to commit indictable offence
(4)A peace officer having the custody of a person who has been arrested without warrant as a person about to commit an indictable offence shall release that person as soon as practicable after the officer is satisfied that the continued detention of that person is no longer necessary in order to prevent that person from committing an indictable offence.
(5)The portion of subsection 503(5) of the Act before paragraph (a) is replaced by the following:
Consequences of non-release
(5)Despite subsection (4), a peace officer having the custody of a person referred to in that subsection who does not release the person before the expiry of the time prescribed in paragraph (1)‍(a) or (b) for taking the person before the justice shall be deemed to be acting lawfully and in the execution of the peace officer’s duty for the purposes of
(6)Paragraph 503(5)‍(b) of the Act is replaced by the following:
(b)any other proceedings, unless in those proceedings it is alleged and established by the person making the allegation that the peace officer did not comply with the requirements of subsection (4).
220Section 505 of the Act is replaced by the following:
Time within which information to be laid in certain cases
505If an appearance notice has been issued to an accused under section 497, or if an accused has been released from custody under section 498 or 503, an information relating to the offence alleged to have been committed by the accused or relating to an included or other offence alleged to have been committed by them shall be laid before a justice as soon as practicable after the issuance or release, and in any event before the time stated in the appearance notice or undertaking for their attendance in court.
1994, c. 44, s. 43
221Subsections 507(6) and (7) of the Act are replaced by the following:
Endorsement of warrant by justice
(6)A justice who issues a warrant under this section or section 508, 512, 512.1 or 512.2 may, unless the offence is one listed in section 469, authorize the release of the accused under section 499 by making an endorsement on the warrant in Form 29.
Undertaking or appearance notice deemed confirmed
(7)If, under subsection (6), a justice authorizes the release of an accused under section 499, an appearance notice or undertaking referred to in that section shall be deemed, for the purposes of subsection 145(3) or (4), as the case may be, to have been confirmed by a justice under section 508.
R.‍S.‍, c. 27 (1st Supp.‍), s. 79
222Paragraphs 508(1)‍(b) and (c) of the Act are replaced by the following:
(b)if the justice considers that a case for so doing is made out, whether the information relates to the offence alleged in the appearance notice or undertaking or to an included or other offence,
(i)confirm the appearance notice or undertaking and endorse the information accordingly, or
(ii)cancel the appearance notice or undertaking and issue, in accordance with section 507, either a summons or a warrant for the arrest of the accused to compel the accused to attend before the justice or some other justice for the same territorial division to answer to a charge of an offence and endorse on the summons or warrant that the appearance notice or undertaking has been cancelled; and
(c)if the justice considers that a case is not made out for the purposes of paragraph (b), cancel the appearance notice or undertaking and cause the accused to be immediately notified of the cancellation.
223Subsection 509(4) of the Act is replaced by the following:
Summary of certain provisions
(4)The summons must set out a summary of subsection 145(3), section 512.1 and subsection 524(4).
1992, c. 47, s. 72; 1996, c. 7, s. 38
224Section 510 of the Act is repealed.
1997, c. 18, s. 58(1)
225(1)Paragraph 512(1)‍(a) of the Act is replaced by the following:
(a)an appearance notice or undertaking has been confirmed or cancelled under subsection 508(1);
(2)Paragraph 512(1)‍(c) of the Act is replaced by the following:
(c)the accused has been released without conditions or with the intention of compelling their appearance by way of summons.
1997, c. 18, s. 58(2)
(3)Paragraph 512(2)‍(b) of the Act is replaced by the following:
(b)an appearance notice or undertaking has been confirmed under subsection 508(1) and the accused fails to attend court in accordance with it in order to be dealt with according to law, or
226The Act is amended by adding the following after section 512:
Arrest warrant — failure to appear under summons
512.1If an accused who is required by a summons to appear at the time and place stated in it for the purposes of the Identification of Criminals Act does not appear at that time and place and, in the case of an offence designated as a contravention under the Contraventions Act, the Attorney General, within the meaning of that Act, has not made an election under section 50 of that Act, a justice may issue a warrant for the arrest of the accused for the offence with which the accused is charged.
Arrest warrant — failure to appear under appearance notice or undertaking
512.2If an accused who is required by an appearance notice or undertaking to appear at the time and place stated in it for the purposes of the Identification of Criminals Act does not appear at that time and place, a justice may, if the appearance notice or undertaking has been confirmed by a justice under section 508, issue a warrant for the arrest of the accused for the offence with which the accused is charged.
Warrant to appear under section 524
512.3If a justice is satisfied that there are reasonable grounds to believe that an accused has contravened or is about to contravene any summons, appearance notice, undertaking or release order that was issued or given to the accused or entered into by the accused or has committed an indictable offence while being subject to any summons, appearance notice, undertaking or release order, the justice may issue a warrant for the purpose of taking them before a justice under section 524.
R.‍S.‍, c. 27 (1st Supp.‍), ss. 83(1) and (2), s. 186 (Sch. IV, item 7)
227(1)Subsections 515(1) to (2.1) of the Act are replaced by the following:
Release order without conditions
515(1)Subject to this section, when an accused who is charged with an offence other than an offence listed in section 469 is taken before a justice, the justice shall, unless a plea of guilty by the accused is accepted, make a release order in respect of that offence, without conditions, unless the prosecutor, having been given a reasonable opportunity to do so, shows cause, in respect of that offence, why the detention of the accused in custody is justified or why an order under any other provision of this section should be made.
Release order with conditions
(2)If the justice does not make an order under subsection (1), the justice shall, unless the prosecutor shows cause why the detention of the accused is justified, make a release order that sets out the conditions directed by the justice under subsection (4) and, as the case may be,
(a)an indication that the release order does not include any financial obligations;
(b)the accused’s promise to pay a specified amount if they fail to comply with a condition of the order;
(c)the obligation to have one or more sureties, with or without the accused’s promise to pay a specified amount if they fail to comply with a condition of the order;
(d)the obligation to deposit money or other valuable security in a specified amount or value, with or without the accused’s promise to pay a specified amount if they fail to comply with a condition of the order; or
(e)if the accused is not ordinarily resident in the province in which they are in custody or does not ordinarily reside within 200 kilometres of the place in which they are in custody, the obligation to deposit money or other valuable security in a specified amount or value, with or without the accused’s promise to pay a specified amount by the justice if they fail to comply with a condition of the order and with or without sureties.
Imposition of least onerous form of release
(2.01)The justice shall not make an order containing the conditions referred to in one of the paragraphs (2)‍(b) to (e) unless the prosecution shows cause why an order containing the conditions referred to in the preceding paragraphs for any less onerous form of release would be inadequate.
Promise to pay favoured over deposit
(2.02)The justice shall favour a promise to pay an amount over the deposit of an amount of money if the accused or the surety, if applicable, has reasonably recoverable assets.
Restraint in use of surety
(2.03)For greater certainty, before making an order requiring that the accused have a surety, the justice shall be satisfied that this requirement is the least onerous form of release possible for the accused in the circumstances.
Power of justice — sureties
(2.1)If, under subsection (2) or any other provision of this Act, a judge, justice or court makes a release order with a requirement for sureties, the judge, justice or court may name particular persons as sureties.
1997, c. 18, s. 59(1)
(2)Subsections 515(2.2) and (2.3) of the Act are replaced by the following:
Appearance of the accused
(2.2)If, by this Act, the appearance of an accused is required for the purposes of judicial interim release, the accused shall appear personally but the justice may allow the accused to appear by videoconference or, subject to subsection (2.3), by audioconference, if the technological means is satisfactory to the justice.
When consent required for audioconference
(2.3)If the accused cannot appear by closed-circuit television or videoconference and the evidence of a witness is to be taken at the appearance, the consent of the prosecutor and the accused is required for the appearance of the accused by audioconference.
1999, c. 25, s. 8(1) and (2)
(3)Subsections 515(3) and (4) of the Act are replaced by the following:
Factors to consider
(3)In making an order under this section, the justice shall consider any relevant factors, including,
(a)whether the accused is charged with an offence in the commission of which violence was used, threatened or attempted against their intimate partner; or
(b)whether the accused has been previously convicted of a criminal offence.
Conditions authorized
(4)When making an order under subsection (2), the justice may direct the accused to comply with one or more of the following conditions specified in the order:
(a)report at specified times to a peace officer, or other person, designated in the order;
(b)remain within a specified territorial jurisdiction;
(c)notify a peace officer or other person designated in the order of any change in their address, employment or occupation;
(d)abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, except in accordance with any specified conditions that the justice considers necessary;
(e)abstain from going to any place or entering any geographic area specified in the order, except in accordance with any specified conditions that the justice considers necessary;
(f)deposit all their passports as specified in the order;
(g)comply with any other specified condition that the justice considers necessary to ensure the safety and security of any victim of or witness to the offence; and
(h)comply with any other reasonable conditions specified in the order that the justice considers desirable.
1999, c. 25, s. 8(4)
(4)Paragraph 515(4.2)‍(a) of the Act is replaced by the following:
(a)that the accused abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, except in accordance with any specified conditions that the justice considers necessary;
(a.‍1)that the accused abstain from going to any place or entering any geographic area specified in the order, except in accordance with any specified conditions that the justice considers necessary; or
2001, c. 41, s. 19(4)
(5)Subparagraphs 515(6)‍(a)‍(iv) and (v) of the English version of the Act are replaced by the following:
(iv)that is an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1) or 22(1) of the Security of Information Act,
(v)that is an offence under subsection 21(1) or 22(1) or section 23 of the Security of Information Act committed in relation to an offence referred to in subparagraph (iv),
R.‍S.‍, c. 27 (1st Supp.‍), s. 83(3)
(6)Paragraph 515(6)‍(c) of the Act is replaced by the following:
(b.‍1)with an offence in the commission of which violence was allegedly used, threatened or attempted against their intimate partner, and the accused has been previously convicted of an offence in the commission of which violence was used, threatened or attempted against any intimate partner of theirs;
(c)with an offence under any of subsections 145(2) to (5) that is alleged to have been committed while they were at large after being released in respect of another offence under the provisions of this Part or section 679, 680 or 816; or
1993, c. 45, s. 8(3)
(7)Subsections 515(7) and (8) of the Act are replaced by the following:
Release order
(7)If an accused to whom subsection (6) applies shows cause why their detention in custody is not justified, the justice shall make a release order under this section. If the accused was already at large on a release order, the new release order may include any additional conditions described in subsections (4) to (4.2) that the justice considers desirable.
1997, c. 18, s. 60
228Section 515.1 of the Act is replaced by the following:
Declaration of surety
515.1(1)Before a judge, justice or court names a particular person as a surety, the person shall provide the judge, justice or court with a signed declaration under oath, solemn declaration or solemn affirmation in that sets out
(a)their name, date of birth and contact information;
(b)information demonstrating that they are suitable to act as a surety for the accused, including financial information;
(c)their relationship to the accused;
(d)the name and date of birth of any other accused for whom they act as a surety;
(e)their acknowledgment of the charge, and of any other outstanding charges against the accused and the contents of the accused’s criminal record, if any;
(f)their acknowledgment of the amount that they are willing to promise to pay or deposit to the court and that may be forfeited if the accused fails to comply with any condition of the release order;
(g)their acknowledgment that they understand the role and responsibilities of a surety and that they assume these voluntarily; and
(h)a description of the contents of their criminal record and any outstanding charges against them, if any.
Exception
(2)Despite subsection (1), a judge, justice or court may name a person as a surety without a declaration if
(a)the prosecutor consents to it; or
(b)the judge, justice or court is satisfied that
(i)the person cannot reasonably provide a declaration in the circumstances,
(ii)the judge, justice or court has received sufficient information of the kind that would be set out in a declaration to evaluate whether the person is suitable to act as a surety for the accused, and
(iii)the person has acknowleged that they have received sufficient information with respect to the matters referred to in paragraphs (1)‍(e) to (g) to accept the role and responsibilities of a surety.
Means of telecommunication
(3)A person may provide the judge, justice or court with the declaration referred to in subsection (1) by a means of telecommunication that produces a writing.
229Section 516 of the Act is amended by adding the following after subsection (2):
Duration of order
(3)An order made under subsection (2) remains in force,
(a)until it is varied or revoked;
(b)until an order in respect of the accused is made under section 515;
(c)until the accused is acquitted of the offence, if applicable; or
(d)until the time the accused is sentenced, if applicable.
R.‍S.‍, c. 27 (1st Supp.‍), s. 85
230The portion of subsection 519(1) of the Act before paragraph (a) is replaced by the following:
Release of accused
519(1)If a justice makes a release order under section 515,
231The Act is amended by adding the following after section 519:
Variation of release order with consent
519.1A release order under which an accused has been released under section 515 may be varied with the written consent of the accused, prosecutor and any sureties. The order so varied is considered to be a release order under section 515.
1999, c. 3, s. 31
232Subsection 520(1) of the Act is replaced by the following:
Review of order
520(1)If a justice, or a judge of the Nunavut Court of Justice, makes an order under subsection 515(2), (5), (6), (7), or (12) or makes or vacates any order under paragraph 523(2)‍(b), the accused may, at any time before the trial of the charge, apply to a judge for a review of the order.
1999, c. 3, s. 32
233Subsection 521(1) of the Act is replaced by the following:
Review of order
521(1)If a justice, or a judge of the Nunavut Court of Justice, makes an order under subsection 515(1), (2), (7) or (12) or makes or vacates any order under paragraph 523(2)‍(b), the prosecutor may, at any time before the trial of the charge, apply to a judge for a review of the order.
1999, c. 25, s. 10
234Subsection 522(3) of the Act is replaced by the following:
Release of accused
(3)If the judge does not order that the accused be detained in custody under subsection (2), the judge may make a release order referred to in section 515.
R.‍S.‍, c. 27 (1st Supp.‍), s. 89(1)
235(1)The portion of subsection 523(1) of the Act before paragraph (a) is replaced by the following:
Period for which appearance notice, etc.‍, continues in force
523(1)If an accused, in respect of an offence with which they are charged, has not been taken into custody or has been released from custody under any provision of this Part, the appearance notice, summons, undertaking or release order issued to, given or entered into by the accused continues in force, subject to its terms, and applies in respect of any new information charging the same offence or an included offence that was received after the appearance notice, summons, undertaking or release order was issued, given or entered into,
R.‍S.‍, c. 27 (1st Supp.‍), s. 89(3); 2011, c. 16, s. 2(1)
(2)Subsections 523(1.1) and (1.2) of the Act are replaced by the following:
When new information is received
(1.1)If an accused is charged with an offence and a new information, charging the same offence or an included offence, is received while the accused is subject to an order for detention, release order, appearance notice, summons or undertaking, section 507 or 508, as the case may be, does not apply in respect of the new information and the order for detention, release order, appearance notice, summons or undertaking applies in respect of the new information.
When direct indictment preferred
(1.2)If an accused is charged with an offence, and an indictment is preferred under section 577 charging the same offence or an included offence while the accused is subject to an order for detention, release order, appearance notice, summons or undertaking, the order for detention, release order, appearance notice, summons or undertaking applies in respect of the indictment.
1999, c. 3, s. 33
236Section 524 of the Act and the heading before it are replaced by the following:
Proceedings Respecting Failure to Comply with Release Conditions
Judicial referral hearing