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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 Insertion start 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 Insertion end ,

  • (b)means the Attorney General of Canada and includes his or her lawful deputy with respect to

    • (i)Yukon, the Northwest Territories and Nunavut, Insertion start or Insertion end

    • (ii)proceedings commenced at the instance of the Government of Canada and conducted by or on behalf of that Government in respect of Insertion start an offence under Insertion end any Act of Parliament — other than this Act Insertion start or the Canada Elections Act Insertion end  — or any regulation made under such an Act, Insertion start and Insertion end

  • Start of inserted block

    (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)

    End of inserted block

(2)Section 2 of the Act is amended by adding the following in alphabetical order:

Start of inserted block

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)

End of inserted block

(3)Section 2 of the Act is amended by adding the following in alphabetical order:

Start of inserted block

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)

End of inserted block

2The Act is amended by adding the following after section 2.‍2:

Concurrent jurisdiction
Start of inserted block

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.

    End of inserted block
For greater certainty — Attorney General of Canada
Start of inserted block

(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.

    End of inserted block
For greater certainty — Director of Public Prosecutions
Start of inserted block

(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).

End of inserted block

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
Start of inserted block

(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.

End of inserted block

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, Insertion start release order Insertion end 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 Insertion start person Insertion end is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end 10 years Insertion start or is guilty of an offence punishable on summary conviction Insertion end 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 Insertion start person Insertion end who, without lawful excuse, has in Insertion start their Insertion end possession a forged passport or a passport in respect of which an offence under subsection (2) has been committed is guilty of

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

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 Insertion start person Insertion end is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end two years Insertion start or is guilty of an offence punishable on summary conviction Insertion end who, while in or Insertion start outside Insertion end 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 Insertion start person Insertion end is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years Insertion start or is guilty of an offence punishable on summary conviction Insertion end who Insertion start intentionally Insertion end

(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 Insertion start person Insertion end who takes part in a riot is guilty of

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end two years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block
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

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end 10 years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

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 Insertion start their Insertion end jurisdiction and, without reasonable excuse, fails to take all reasonable steps to suppress the riot is guilty of

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end two years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

12Subsection 70(3) of the Act is replaced by the following:

Punishment

(3)Every Insertion start person Insertion end who contravenes an order made under this section is guilty of

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

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 Insertion start of Insertion end not Insertion start more than Insertion end 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 Insertion start their Insertion end possession or under Insertion start their Insertion end care or control any explosive substance is guilty of

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

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 Insertion start person Insertion end is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years Insertion start or is guilty of an offence punishable on summary conviction Insertion end 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 Insertion start person Insertion end is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years Insertion start or is guilty of an offence punishable on summary conviction Insertion end 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 Insertion start person Insertion end is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years Insertion start or is guilty of an offence punishable on summary conviction Insertion end 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 Insertion start person Insertion end 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 Insertion start two years less a day Insertion end , 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, Insertion start subsection Insertion end 487(3) and section 488 apply, with Insertion start any Insertion end modifications Insertion start that Insertion end the circumstances require, to a warrant issued under paragraph (1)‍(a). Insertion start Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed Insertion end .

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 Insertion start person Insertion end 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

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end 10 years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

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

83.‍181 Insertion start Every person Insertion end 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

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term of not more than 10 years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

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

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term of not more than five years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

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) Insertion start Every person Insertion end who knowingly harbours or conceals Insertion start another Insertion end person whom they know to be a person who has carried out a terrorist activity, for the purpose of enabling Insertion start that other Insertion end 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) Insertion start an indictable offence and liable to imprisonment Insertion end for a term of not more than 10 years Insertion start or an offence punishable on summary conviction Insertion end , 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) Insertion start Every person Insertion end who knowingly harbours or conceals Insertion start another Insertion end person whom they know to be a person who is likely to carry out a terrorist activity, for the purpose of enabling Insertion start that other Insertion end person to facilitate or carry out any terrorist activity, is guilty of

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term of not more than 10 years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

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 Insertion start make a release order, the form of which may be adapted to suit the circumstances Insertion end .

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 Insertion start without conditions Insertion end 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 Insertion start person Insertion end who commits an offence under this section is guilty of

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

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) Insertion start est coupable Insertion end  :

  • a) Insertion start soit d’un acte criminel passible Insertion end 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 Insertion start their Insertion end 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

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

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 Insertion start person Insertion end is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years Insertion start or is guilty of an offence punishable on summary conviction Insertion end 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 Insertion start person Insertion end is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years Insertion start or is guilty of an offence punishable on summary conviction Insertion end 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 Insertion start person Insertion end is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years Insertion start or is guilty of an offence punishable on summary conviction Insertion end 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 Insertion start person Insertion end is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years Insertion start or is guilty of an offence punishable on summary conviction Insertion end 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 Insertion start person Insertion end who, without lawful excuse, contravenes an Act of Parliament by Insertion start intentionally Insertion end doing anything that it forbids or by Insertion start intentionally Insertion end omitting to do anything that it requires to be done is, unless a punishment is expressly provided by law, guilty of

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end two years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

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 Insertion start of Insertion end not Insertion start more than Insertion end two years Insertion start or is guilty of an offence punishable on summary conviction Insertion end who, being entrusted with the execution of a process, Insertion start intentionally Insertion end

(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 Insertion start under Insertion end 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 Insertion start person Insertion end is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end two years Insertion start or is guilty of an offence punishable on summary conviction Insertion end 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 Insertion start person Insertion end who Insertion start intentionally Insertion end attempts in any manner other than a manner described in subsection (1) to obstruct, pervert or defeat the course of justice is guilty of

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end 10 years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

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 Insertion start person Insertion end who asks for or obtains or agrees to receive or obtain any valuable consideration for Insertion start themselves Insertion end or any other person by agreeing to compound or conceal an indictable offence is guilty of

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end two years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

47Section 142 of the Act is replaced by the following:

Corruptly taking reward for recovery of goods

142Every Insertion start person Insertion end 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

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

48(1)The portion of section 144 of the Act before paragraph (a) is replaced by the following:

Prison breach

144Every Insertion start person Insertion end is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end 10 years Insertion start or is guilty of an offence punishable on summary conviction Insertion end 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 Insertion start person Insertion end who escapes from lawful custody or who is, before the expiration of a term of imprisonment to which Insertion start they were Insertion end sentenced, at large in or Insertion start outside Insertion end Canada without lawful excuse, is guilty of

  • (a)an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end 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) Insertion start is Insertion end at large on Insertion start a release order and who Insertion end fails, without lawful excuse, to attend court in accordance with the Insertion start release order Insertion end ;

  • (b)having appeared before a court, justice or judge, fails, without lawful excuse, to Insertion start subsequently Insertion end attend court as required by the court, justice or judge; or

  • (c) Insertion start fails Insertion end to surrender Insertion start themselves Insertion end 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 Insertion start is named in an appearance notice that has been confirmed by Insertion end a justice Insertion start under section 508 or who is served with a summons and Insertion end who fails, without lawful excuse, Insertion start 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 Insertion end , or to attend court in accordance Insertion start with the notice Insertion end or the summons, as the case may be, is guilty of

  • (a)an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end 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 Insertion start of Insertion end not Insertion start more than Insertion end 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

  • Start of inserted block

    (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.

    End of inserted block
Failure to comply with order

(5)Every person is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end two years, or is guilty of an offence punishable on summary conviction, who

  • Start of inserted block

    (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.

    End of inserted block
Not an excuse

(6)For the purposes of subsections Insertion start (3) and (4) Insertion end , it is not a lawful excuse that an appearance notice or Insertion start undertaking Insertion end 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 Insertion start paragraph (2)‍(a) and Insertion end subsections (3) to (5), it is a lawful excuse to fail Insertion start to attend court in accordance with a release order Insertion end , to comply with a condition of an undertaking or Insertion start release order Insertion end or to fail to appear at Insertion start the Insertion end time and place stated in a summons, an appearance notice or Insertion start an undertaking Insertion end 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 Insertion start subsections Insertion end (2) Insertion start to Insertion end (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 Insertion start if the certificate states Insertion end that,

  • (a)in the case of proceedings under subsection (2), the accused failed to attend court as required by the Insertion start release order Insertion end or, having attended court, failed to Insertion start subsequently Insertion end 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 Insertion start (3) Insertion end , 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 Insertion start with the notice Insertion end 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 Insertion start (3) Insertion end , a summons was issued to and served on the accused and the accused failed to attend court in accordance Insertion start with the summons Insertion end or failed to appear at the time and place stated Insertion start in the summons Insertion end for the purposes of the Identification of Criminals Act, as the case may be; Insertion start and Insertion end

  • Start of inserted block

    (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.

    End of inserted block

50(1)The portion of section 146 of the Act before paragraph (a) is replaced by the following:

Permitting or assisting escape

146Every Insertion start person Insertion end is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end two years Insertion start or is guilty of an offence punishable on summary conviction Insertion end 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 Insertion start person Insertion end is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years Insertion start or is guilty of an offence punishable on summary conviction Insertion end 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 Insertion start person Insertion end is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years Insertion start or is guilty of an offence punishable on summary conviction Insertion end 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 :

  • Insertion start a) Insertion end soit d’un acte criminel passible d’un emprisonnement maximal de cinq ans;

  • Insertion start b) Insertion end 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
Start of inserted block

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.

End of inserted block

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 Insertion start person Insertion end 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 Insertion start by doing so Insertion end endangers the morals of the child or renders the home an unfit place for the child to be in, is guilty of

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end two years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

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 Insertion start person Insertion end is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end two years Insertion start or is guilty of an offence punishable on summary conviction Insertion end 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 Insertion start person Insertion end is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end two years Insertion start or is guilty of an offence punishable on summary conviction Insertion end who commits a common nuisance and Insertion start by doing so Insertion end

(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 Insertion start person Insertion end is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years Insertion start or is guilty of an offence punishable on summary conviction Insertion end 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 Insertion start person Insertion end who, by means of any electro-magnetic, acoustic, mechanical or other device, Insertion start knowingly Insertion end intercepts a private communication is guilty of

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

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

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

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 Insertion start at Insertion end any Insertion start place Insertion end in Canada. Any Insertion start peace officer who executes Insertion end the authorization Insertion start must Insertion end have Insertion start authority Insertion end to Insertion start act Insertion end as a Insertion start peace officer Insertion end in the Insertion start place Insertion end where it is executed.

69Subsection 191(1) of the Act is replaced by the following:

Possession, etc.

191(1)Every Insertion start person Insertion end who possesses, sells or purchases any electro-magnetic, acoustic, mechanical or other device or any component Insertion start of it Insertion end knowing that Insertion start its Insertion end design renders it primarily useful for surreptitious interception of private communications is guilty of

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end two years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

70Subsection 193(1) of the Act is replaced by the following:

Disclosure of information

193(1) Insertion start If Insertion end 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 Insertion start of that communication Insertion end or of the person intended by the originator to receive it, every Insertion start person commits Insertion end an offence who, without the express consent of the originator Insertion start of that communication Insertion end or of the person intended to receive it, Insertion start knowingly Insertion end

  • (a)uses or discloses the private communication or any part Insertion start of it Insertion end or the substance, meaning or Insertion start purpose of it Insertion end or of any part Insertion start of it Insertion end , or

  • (b)discloses the existence Insertion start of the private communication Insertion end .

Punishment

Insertion start (1.‍1) Insertion end Insertion start Insertion end Insertion start Every person who commits an offence under subsection (1) Insertion end is guilty of

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end two years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

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 Insertion start knowingly Insertion end uses or discloses a radio-based telephone communication or who Insertion start knowingly Insertion end discloses the existence of such a communication is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end two years Insertion start or is guilty of an offence punishable on summary conviction Insertion end , if

72Subsection 201(1) of the Act is replaced by the following:

Keeping gaming or betting house

201(1)Every Insertion start person Insertion end who keeps a common gaming house or common betting house is guilty of

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end two years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

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 Insertion start person Insertion end is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end two years Insertion start or is guilty of an offence punishable on summary conviction Insertion end who

74Section 209 of the Act is replaced by the following:

Cheating at play

209Every Insertion start person Insertion end 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

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end two years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

75Subsection 210(1) of the Act is replaced by the following:

Keeping common bawdy-house

210(1)Every Insertion start person Insertion end who keeps a common bawdy-house is guilty of

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end two years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

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 Insertion start person Insertion end who by criminal negligence causes bodily harm to another person is guilty of

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end 10 years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

79Paragraph 229(c) of the Act is replaced by the following:

  • (c) Insertion start if Insertion end a person, for an unlawful object, does anything that Insertion start they Insertion end know is likely to cause death, and Insertion start by doing so Insertion end causes Insertion start the Insertion end death Insertion start of Insertion end a human being, Insertion start even if they desire Insertion end to effect Insertion start their Insertion end 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

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

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 Insertion start indictable Insertion end offence and liable to imprisonment Insertion start for Insertion end a term of not more than five years; or

  • (b) Insertion start an offence punishable Insertion end 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 Insertion start guilty of Insertion end

  • (a) Insertion start an indictable offence and liable to Insertion end imprisonment Insertion start for Insertion end a term of not more than five years; or

  • (b) Insertion start an offence punishable Insertion end 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 Insertion start of the failure Insertion end or dies immediately before, during or in a short time after birth, as a result Insertion start of the failure Insertion end , guilty of

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block
Concealing body of child

243Every Insertion start person Insertion end 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

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end two years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

2016, c. 3, s. 6

85Subsection 245(1) of the Act is replaced by the following:

Administering noxious thing

245(1)Every Insertion start person Insertion end who administers or causes to be administered to any Insertion start other Insertion end person or causes any Insertion start other Insertion end 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 Insertion start of Insertion end not Insertion start more than Insertion end 14 years, if Insertion start they did so with intent Insertion end to endanger the life of or to cause bodily harm to that person; or

  • (b) Insertion start of an indictable offence and liable Insertion end to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end two years Insertion start or of an offence punishable on summary conviction Insertion end , if Insertion start they did so with intent Insertion end 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 Insertion start person Insertion end is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years Insertion start or is guilty of an offence punishable on summary conviction Insertion end 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 Insertion start person Insertion end who commits an offence under subsection (1), and Insertion start by doing so Insertion end causes bodily harm to any other person, is guilty of

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end 10 years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block
Offence-related place

(3)Every Insertion start person Insertion end who commits an offence under subsection (1), in a place kept or used for the purpose of committing another indictable offence, is guilty of

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment Insertion start for Insertion end a term of not Insertion start more than Insertion end 10 years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

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 Insertion start person Insertion end who commits an offence under subsection (1) and Insertion start by doing so Insertion end causes bodily harm to any other person is guilty of

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end 10 years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

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 Insertion start person Insertion end is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years Insertion start or is guilty of an offence punishable on summary conviction Insertion end who endangers the life of any person by knowingly Insertion start committing one of the following acts Insertion end :

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

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end 10 years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

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 Insertion start person Insertion end who commits an offence under section 253 or 254 is guilty of

  • (a)an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years Insertion start and Insertion end to Insertion start a Insertion end minimum punishment Insertion start of Insertion end ,

    • (i)for a first offence, a fine of $1,000,

    • (ii)for a second offence, imprisonment for Insertion start a term of Insertion end 30 days, and

    • (iii)for each subsequent offence, imprisonment for Insertion start a term of Insertion end 120 days; Insertion start or Insertion end

  • (b)an offence punishable on summary conviction Insertion start 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, Insertion end

    • Start of inserted block

      (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.

      End of inserted block
Impaired driving causing bodily harm

(2) Insertion start Every person Insertion end who, Insertion start while committing Insertion end an offence under paragraph 253(1)‍(a), causes bodily harm to another person is guilty of

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term of not more than 10 years Insertion start and to the minimum punishments set out in subparagraphs (1)‍(a)‍(i) to (iii); or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction and liable to the maximum and minimum punishments set out in paragraph (1)‍(b).

    End of inserted block
Blood alcohol level over legal limit — bodily harm

(2.‍1) Insertion start Every person Insertion end who, while committing an offence under paragraph 253(1)‍(b), causes an accident resulting in bodily harm to another person is guilty of

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term of not more than 10 years Insertion start and to the minimum punishments set out in subparagraphs (1)‍(a)‍(i) to (iii); or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction and liable to the maximum and minimum punishments set out in paragraph (1)‍(b).

    End of inserted block
Failure or refusal to provide sample — bodily harm

(2.‍2) Insertion start Every person Insertion end 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

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term of not more than 10 years Insertion start and to the minimum punishments set out in subparagraphs (1)‍(a)‍(i) to (iii); or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction and liable to the same maximum and minimum punishments set out in paragraph (1)‍(b).

    End of inserted block

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) Insertion start if Insertion end samples of the Insertion start accused’s Insertion end breath have been taken Insertion start in accordance with Insertion end a demand made under subsection 254(3), evidence of the results of the analyses Insertion start of those samples Insertion end 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 Insertion start performed Insertion end 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, Insertion start provided that Insertion end

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 Insertion start of that sample Insertion end 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 Insertion start was Insertion end 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, Insertion start provided that Insertion end

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 Insertion start person Insertion end is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end 10 years Insertion start or is guilty of an offence punishable on summary conviction Insertion end 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, Insertion start or of an undertaking Insertion end , made or entered into under the common law, this Insertion start Act Insertion end or any other Act of Parliament or of a Insertion start provincial legislature Insertion end 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 Insertion start person Insertion end is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end 10 years or Insertion start is guilty of Insertion end 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:

  • Start of inserted block

    (c)chokes, suffocates or strangles the complainant.

    End of inserted block

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):

  • Start of inserted block

    (c.‍1)chokes, suffocates or strangles the complainant; or

    End of inserted block

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) Insertion start Every person Insertion end 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

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term of not more than 10 years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

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) Insertion start Every person Insertion end 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

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term of not more than five years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

108Subsection 280(1) of the Act is replaced by the following:

Abduction of person under age of 16

280(1)Every Insertion start person Insertion end who, without lawful authority, takes or causes to be taken Insertion start a Insertion end 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

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

109Section 281 of the Act is replaced by the following:

Abduction of person under age of 14

281Every Insertion start person Insertion end 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

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end 10 years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

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 Insertion start a fine of not more than $5,000 or Insertion end to imprisonment for a term of not more than Insertion start two years less a day, or to both, Insertion end and Insertion start to Insertion end 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) Insertion start Every person Insertion end 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

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term of not more than 10 years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

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 Insertion start person Insertion end who commits bigamy is guilty of

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

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 Insertion start themselves Insertion end and another person is guilty of

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

116Subsection 293(1) of the Act is replaced by the following:

Polygamy

293(1)Every Insertion start person Insertion end is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years Insertion start or is guilty of an offence punishable on summary conviction Insertion end 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 Insertion start paragraph Insertion end (a).

2015, c. 29, s. 9

117Sections 293.‍1 and 293.‍2 of the Act are replaced by the following:

Forced marriage

293.‍1 Insertion start Every person Insertion end 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

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block
Marriage under age of 16 years

293.‍2 Insertion start Every person Insertion end 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

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

118(1)The portion of section 294 of the Act before paragraph (a) is replaced by the following:

Pretending to solemnize marriage

294Every Insertion start person Insertion end is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end two years Insertion start or is guilty of an offence punishable on summary conviction Insertion end 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

295 Insertion start Every person Insertion end 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

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end two years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

120Sections 300 and 301 of the Act are replaced by the following:

Punishment of libel known to be false

300Every Insertion start person Insertion end who publishes a defamatory libel that Insertion start they know Insertion end is false is guilty of

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block
Punishment for defamatory libel

301Every Insertion start person Insertion end who publishes a defamatory libel is guilty of

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end two years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

121Subsection 302(3) of the Act is replaced by the following:

Punishment

(3)Every Insertion start person Insertion end who commits an offence under this section is guilty of

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

122Subsection 318(1) of the Act is replaced by the following:

Advocating genocide

318(1)Every Insertion start person Insertion end who advocates or promotes genocide is guilty of

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

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 Insertion start two years less a day Insertion end .

1994, c. 44, s. 20(1)

124(1)Paragraph 334(a) of the Act is replaced by the following:

  • (a) Insertion start if Insertion end the property stolen is a testamentary instrument or the value of what is stolen Insertion start is more than Insertion end $5,000, is guilty of

    • Insertion start (i) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end 10 years, or

    • Start of inserted block

      (ii)an offence punishable on summary conviction; or

      End of inserted block

(2)The portion of paragraph 334(b) of the Act before subparagraph (i) is replaced by the following:

  • (b) Insertion start if Insertion end the value of what is stolen Insertion start is Insertion end not Insertion start more than Insertion end $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 Insertion start person Insertion end is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years Insertion start or is guilty of an offence punishable on summary conviction Insertion end 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 Insertion start person Insertion end who commits theft of cattle is guilty of

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end 10 years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

126Subsection 339(1) of the Act is replaced by the following:

Taking possession, etc.‍, of drift timber

339(1)Every Insertion start person Insertion end is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years Insertion start or is guilty of an offence punishable on summary conviction Insertion end who, without the consent of the owner,

  • (a)fraudulently takes, holds, keeps in Insertion start their Insertion end 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 Insertion start such lumber or lumbering equipment Insertion end ; or

  • (c)refuses to deliver Insertion start such lumber or lumbering equipment Insertion end up to the owner or to the person in charge Insertion start of it Insertion end 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

340 Insertion start Every person Insertion end is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end 10 years Insertion start or is guilty of an offence punishable on summary conviction Insertion end 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 Insertion start person Insertion end who, for a fraudulent purpose, takes, obtains, removes or conceals anything is guilty of

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end two years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

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 Insertion start of Insertion end not Insertion start more than Insertion end $25,000 or to imprisonment for a term Insertion start of Insertion end not Insertion start more than two years less a day Insertion end , or to both.

130Subsection 351(2) of the Act is replaced by the following:

Disguise with intent

(2)Every Insertion start person Insertion end who, with intent to commit an indictable offence, has Insertion start their Insertion end face masked or coloured or is otherwise disguised is guilty of

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end 10 years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

131Section 352 of the Act is replaced by the following:

Possession of instruments for breaking into coin-operated or currency exchange devices

352Every Insertion start person Insertion end who, without lawful excuse, has in Insertion start their Insertion end possession any instrument suitable for Insertion start the purpose of Insertion end breaking into a coin-operated device or a currency exchange device, Insertion start knowing Insertion end that the instrument has been used or is or was intended to be used for Insertion start that purpose Insertion end , is guilty of

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end two years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

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 Insertion start person Insertion end is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end two years Insertion start or is guilty of an offence punishable on summary conviction Insertion end 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) Insertion start if Insertion end the subject matter of the offence is a testamentary instrument or the value of the subject matter of the offence Insertion start is more than Insertion end $5,000, is guilty of

    • Insertion start (i) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end 10 years, Insertion start or Insertion end

    • Start of inserted block

      (ii)an offence punishable on summary conviction; or

      End of inserted block

(2)The portion of paragraph 355(b) of the Act before subparagraph (i) is replaced by the following:

  • (b) Insertion start if Insertion end the value of the subject matter of the offence Insertion start is Insertion end not Insertion start more than Insertion end $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 Insertion start person Insertion end who brings into or has in Canada anything that Insertion start they have Insertion end 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

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment Insertion start for Insertion end a term Insertion start of Insertion end not Insertion start more than Insertion end 10 years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

1994, c. 44, s. 22(1)

135(1)Paragraph 362(2)‍(a) of the Act is replaced by the following:

  • (a) Insertion start if Insertion end the property obtained is a testamentary instrument or the value of what is obtained Insertion start is more than $5,000 Insertion end , is guilty of

    • Insertion start (i) Insertion end an indictable offence and liable to imprisonment Insertion start for Insertion end a term Insertion start of Insertion end not Insertion start more than Insertion end 10 years, Insertion start or Insertion end

    • Start of inserted block

      (ii)an offence punishable on summary conviction; or

      End of inserted block

(2)The portion of paragraph 362(2)‍(b) of the Act before subparagraph (i) is replaced by the following:

  • (b) Insertion start if Insertion end the value of what is obtained Insertion start is Insertion end not Insertion start more than $5,000 Insertion end , 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 Insertion start person Insertion end who commits an offence under paragraph (1)‍(b), (c) or (d) is guilty of

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end 10 years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

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 Insertion start person Insertion end is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years Insertion start or is guilty of an offence punishable on summary conviction Insertion end 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 Insertion start person Insertion end is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years Insertion start or is guilty of an offence punishable on summary conviction Insertion end 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 Insertion start person Insertion end is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years Insertion start or is guilty of an offence punishable on summary conviction Insertion end 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 Insertion start person Insertion end 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

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end two years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

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 Insertion start person Insertion end is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end 10 years Insertion start or is guilty of an offence punishable on summary conviction Insertion end 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) Insertion start Every Insertion end person is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end 10 years Insertion start or is guilty of an offence punishable on summary conviction Insertion end 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 Insertion start person Insertion end is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years Insertion start or is guilty of an offence punishable on summary conviction Insertion end 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 Insertion start if Insertion end a broker, on behalf of a purchaser, receives delivery, Insertion start even if Insertion end the broker retains or pledges what is delivered as security for the advance of the purchase money or any part Insertion start of it Insertion end .

143Section 384 of the Act is replaced by the following:

Broker reducing stock by selling for their own account

384 Insertion start (1) Insertion end Every Insertion start person commits an offence Insertion end who, being an individual, or a member or employee of a partnership, or a director, officer or employee of a corporation, Insertion start if they Insertion end 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 Insertion start outside Insertion end Canada, Insertion start later Insertion end sells or causes to be sold shares of the company or undertaking for any account in which Insertion start they Insertion end or Insertion start their Insertion end firm or a partner Insertion start of the firm Insertion end or the corporation or a director Insertion start of the corporation Insertion end 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 Insertion start their Insertion end control in the ordinary course of business below the amount of those shares that the broker should be carrying for all customers.

Punishment

Insertion start (2) Insertion end Insertion start Insertion end Insertion start Every person who commits an offence under subsection (1) Insertion end is guilty of

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

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 Insertion start person Insertion end is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end two years Insertion start or is guilty of an offence punishable on summary conviction Insertion end who, being a vendor, mortgagor Insertion start or hypothecary debtor Insertion end of property or a chose in action Insertion start or an incorporeal right Insertion end or being a Insertion start lawyer or notary Insertion end for or agent or Insertion start mandatary Insertion end of a vendor, mortgagor Insertion start or hypothecary debtor Insertion end of property, a chose in action or Insertion start incorporeal right Insertion end , is served with a written demand for an abstract of title by or on behalf of the purchaser, mortgagee Insertion start or hypothecary creditor Insertion end before the completion of the purchase, mortgage Insertion start or hypothec Insertion end , 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 Insertion start hypothecary creditor Insertion end to accept the title offered or produced to Insertion start them Insertion end , conceals from Insertion start them Insertion end any settlement, deed, will or other instrument Insertion start or act Insertion end 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 Insertion start person Insertion end is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years Insertion start or is guilty of an offence punishable on summary conviction Insertion end who, as principal, agent or Insertion start mandatary Insertion end in a proceeding to register title to real property Insertion start or immovable property Insertion end , or in a transaction relating to real property Insertion start or immovable property Insertion end 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 Insertion start person Insertion end who, knowing of an unregistered prior sale or of an existing unregistered grant, mortgage, hypothec, Insertion start lien Insertion end or encumbrance of or on real property, fraudulently sells the property or any part Insertion start of it Insertion end is guilty of

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end two years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

147(1)The portion of section 388 of the Act before paragraph (a) is replaced by the following:

Misleading receipt

388Every Insertion start person Insertion end is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end two years Insertion start or is guilty of an offence punishable on summary conviction Insertion end who Insertion start knowingly Insertion end ,

(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 Insertion start person Insertion end is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end two years Insertion start or is guilty of an offence punishable on summary conviction Insertion end 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 Insertion start person Insertion end is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end two years Insertion start or is guilty of an offence punishable on summary conviction Insertion end who

  • (a) Insertion start knowingly Insertion end 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) Insertion start knowingly Insertion end , after Insertion start either Insertion end giving to another person or after a person employed by Insertion start them Insertion end has, to Insertion start their Insertion end 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 Insertion start person Insertion end is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end two years Insertion start or is guilty of an offence punishable on summary conviction Insertion end 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 Insertion start person Insertion end whose duty it is to collect a fare, toll, ticket or admission Insertion start and Insertion end who Insertion start intentionally does any of the following Insertion end is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end two years Insertion start or is guilty of an offence punishable on summary conviction Insertion end :

(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 Insertion start person Insertion end is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end two years Insertion start or is guilty of an offence punishable on summary conviction Insertion end 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

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term of not more than five years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

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

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term of not more than five years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

154Section 395 of the Act is amended by adding the following after subsection (1):

Execution in Canada
Start of inserted block

(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.

End of inserted block

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 Insertion start person Insertion end is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end 10 years Insertion start or is guilty of an offence punishable on summary conviction Insertion end 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 Insertion start person Insertion end is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years Insertion start or is guilty of an offence punishable on summary conviction Insertion end 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, Insertion start a book, paper, writing, valuable security or document Insertion end .

(3)Subsection 397(2) of the Act is replaced by the following:

Privy

(2)Every Insertion start person Insertion end who, with intent to defraud Insertion start their Insertion end creditors, is privy to the commission of an offence under subsection (1) is guilty of

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

157(1)The portion of section 399 of the Act before paragraph (a) is replaced by the following:

False return by public officer

399Every Insertion start person Insertion end is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years Insertion start or is guilty of an offence punishable on summary conviction Insertion end 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 Insertion start person Insertion end is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end 10 years Insertion start or is guilty of an offence punishable on summary conviction Insertion end who makes, circulates or publishes a prospectus, a statement or an account, whether written or oral, that Insertion start they know Insertion end 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 Insertion start person Insertion end 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 Insertion start or act Insertion end is guilty of

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

(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 Insertion start person Insertion end is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end two years Insertion start or is guilty of an offence punishable on summary conviction Insertion end 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 Insertion start their intimate partner Insertion end or children, or injures Insertion start the person’s Insertion end 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 Insertion start person Insertion end 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

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term of not more than five years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block
Threat against United Nations or associated personnel

424.‍1Every Insertion start person Insertion end 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

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end 10 years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

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

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

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 Insertion start of Insertion end not Insertion start more than two years less a day Insertion end .

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

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end 10 years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

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 Insertion start and who Insertion end , 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

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

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

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

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 Insertion start person Insertion end is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years Insertion start or is guilty of an offence punishable on summary conviction Insertion end who Insertion start intentionally Insertion end prevents or impedes, or who Insertion start intentionally Insertion end 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 Insertion start person Insertion end who Insertion start intentionally Insertion end alters, removes or conceals a signal, buoy or other sea-mark that is used for purposes of navigation is guilty of

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end 10 years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

170Sections 440 and 441 of the Act are replaced by the following:

Removing natural bar without permission

440Every Insertion start person Insertion end who Insertion start knowingly Insertion end 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

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end two years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block
Occupant injuring building

441Every Insertion start person Insertion end who, Insertion start intentionally Insertion end and to the prejudice of a mortgagee, Insertion start a hypothecary creditor Insertion end or an owner, pulls down, demolishes or removes all or any part of a dwelling-house or other building of which Insertion start they are Insertion end in possession or occupation, or severs from the freehold any fixture fixed Insertion start to it or from the immovable property any movable permanently attached or joined to the immovable Insertion end , is guilty of

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

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 Insertion start person Insertion end is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years Insertion start or is guilty of an offence punishable on summary conviction Insertion end who Insertion start intentionally Insertion end 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 Insertion start of Insertion end not Insertion start more than Insertion end $10,000 or to imprisonment for a term of not more than Insertion start two years less a day Insertion end , 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 Insertion start two years less a day Insertion end , 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 Insertion start of Insertion end not Insertion start more than Insertion end $10,000 or to imprisonment for a term of not more than Insertion start two years less a day Insertion end , 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 Insertion start of Insertion end not Insertion start more than Insertion end $10,000 or to imprisonment for a term of not more than Insertion start two years less a day Insertion end , or to both.

177Section 451 of the Act is replaced by the following:

Having clippings, etc.

451Every Insertion start person Insertion end who, without lawful justification or excuse, has in Insertion start their Insertion end 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

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years; or

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

178(1)The portion of section 453 of the Act before paragraph (a) is replaced by the following:

Uttering coin

453Every Insertion start person Insertion end is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end two years Insertion start or is guilty of an offence punishable on summary conviction Insertion end 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 Insertion start person Insertion end is guilty of an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years Insertion start or is guilty of an offence punishable on summary conviction Insertion end 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 Insertion start of Insertion end not Insertion start more than Insertion end $100,000 or to imprisonment for a term Insertion start of Insertion end not Insertion start more than two years less a day Insertion end , or to both; or

  • (b)for a second or subsequent offence, to a fine Insertion start of Insertion end not Insertion start more than Insertion end $300,000 or to imprisonment for a term Insertion start of Insertion end not Insertion start more than two years less a day Insertion end , 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 Insertion start at Insertion end any Insertion start place Insertion end in Canada. Insertion start Any peace officer who executes Insertion end the warrant Insertion start must Insertion end have Insertion start authority Insertion end to Insertion start act Insertion end as a Insertion start peace officer Insertion end in the Insertion start place Insertion end where it is executed.

Other provisions to apply

(3)Subsections 487( Insertion start 2.‍1 Insertion end ) to ( Insertion start 3 Insertion end ) and section 488 apply, with Insertion start any Insertion end modifications Insertion start that Insertion end 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) Insertion start A Insertion end restraint order Insertion start issued under subsection (1) has effect throughout Canada Insertion end .

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 Insertion start in relation to an undertaking or release order, Insertion end

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 Insertion start they Insertion end did not commit that offence, is guilty of

    • (i)an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end 10 years Insertion start or an offence punishable on summary conviction Insertion end , 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 Insertion start of Insertion end not Insertion start more than Insertion end 14 years, or

    • (ii) Insertion start an indictable offence and liable Insertion end to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years Insertion start or an offence punishable on summary conviction Insertion end , 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

  • Insertion start (a) Insertion end an indictable offence and liable to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end five years; Insertion start or Insertion end

  • Start of inserted block

    (b)an offence punishable on summary conviction.

    End of inserted block

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 Insertion start must Insertion end be published Insertion start or otherwise made available to the public Insertion end .

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 Insertion start 512.‍3 Insertion end 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

( Insertion start 5 Insertion end )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 Insertion start the provisions of this Act Insertion end or a rule made under section 482 or 482.‍1 Insertion start permitting the accused not to appear personally apply Insertion end .

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
Start of inserted block

(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.

End of inserted block

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
Start of inserted block

(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.

End of inserted block

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 Insertion start two years less a day Insertion end , 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. Insertion start The order has effect throughout Canada Insertion end .

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
Start of inserted block

(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.

End of inserted block

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 Insertion start videoconference Insertion end , 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 Insertion start videoconference Insertion end , 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
Start of inserted block

(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.

End of inserted block

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 Insertion start at the hearing Insertion end by closed-circuit television or Insertion start videoconference Insertion end , 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 Insertion start two years less a day Insertion end , 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 Insertion start two years less a day Insertion end , 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

  • Insertion start (a) Insertion end an indictable offence Insertion start and liable to imprisonment for a term of not more than five years Insertion end ; or

  • Insertion start (b) Insertion end an offence punishable on summary conviction.

209Section 492.‍1 of the Act is amended by adding the following after subsection (6):

Execution in Canada
Start of inserted block

(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.

End of inserted block

210Section 492.‍2 of the Act is amended by adding the following after subsection (5):

Execution in Canada
Start of inserted block

(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.

End of inserted block

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 Insertion start 497 Insertion end , and

212The Act is amended by adding the following after section 493:

Start of inserted block
Principle and Considerations
End of inserted block
Principle of restraint
Start of inserted block

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.

End of inserted block
Aboriginal accused or vulnerable populations
Start of inserted block

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.

    End of inserted block

213The Act is amended by adding the following after section 495:

Arrest without warrant – application of section 524
Start of inserted block

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.

End of inserted block

1999, c. 25, s. 3

214Sections 496 and 497 of the Act are replaced by the following:

Appearance notice for judicial referral hearing
Start of inserted block

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.

End of inserted block
Issue of appearance notice by peace officer

497 Insertion start If Insertion end , by virtue of subsection 495(2), a peace officer does not arrest a person, Insertion start they Insertion end 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 Insertion start they are Insertion end 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 Insertion start for an offence, other than one listed in section 469 Insertion end , 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, Insertion start if Insertion end

  • (a) Insertion start the peace officer intends Insertion end to compel the person’s appearance by way of summons;

  • Start of inserted block

    (b)the peace officer issues an appearance notice to the person; or

  • (c)the person gives an undertaking to the peace of­ficer.

    End of inserted block
Person delivered or detained

Insertion start (1.‍01) Insertion end Insertion start Insertion end Insertion start Subsection (1) also applies in respect of Insertion end 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 Insertion start and who Insertion end is detained in custody for Insertion start an Insertion end offence Insertion start other than one listed in section 469 Insertion end and Insertion start who Insertion end 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 Insertion start the Insertion end 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) Insertion start Subsections Insertion end (1) Insertion start and (1.‍01) do Insertion end 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 Insertion start arrested Insertion end a person Insertion start without a warrant Insertion end , or who Insertion start has been given the Insertion end custody Insertion start of a person arrested without a warrant Insertion end , 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

499 Insertion start If Insertion end a person who has been arrested with a warrant by a peace officer is taken into custody for an offence other than one Insertion start listed in section 469 and Insertion end the warrant has been endorsed by a justice under subsection 507(6), Insertion start a peace Insertion end officer may release the person, Insertion start if Insertion end

  • Start of inserted block

    (a)the peace officer issues an appearance notice to the person; or

    End of inserted block
  • (b) Insertion start the person gives an undertaking to the peace of­ficer. Insertion end

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, Insertion start date of birth and contact information Insertion end 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 Insertion start notice Insertion end and to attend Insertion start afterwards Insertion end as required by the court; and

  • Start of inserted block

    (d)indicate if the accused is required to appear at a judicial referral hearing under section 523.‍1 for a failure under section 496.

    End of inserted block
Summary of consequences — failure to appear

(2)An appearance notice shall set out Insertion start a summary Insertion end of subsections 145( Insertion start 3 Insertion end ) and ( Insertion start 6 Insertion end ), section Insertion start 512.‍2 and subsection 524(4) and the possible consequences of a failure to appear at a judicial referral hearing under section 523.‍1 Insertion end .

Attendance for purposes of Identification of Criminals Act

(3)An appearance notice may require the accused to appear at Insertion start the Insertion end time and place stated in it for the purposes of the Identification of Criminals Act, Insertion start if Insertion end 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 Insertion start their Insertion end appearance notice and, whether or not Insertion start they comply Insertion end with that request, one of the duplicates shall be given to the accused. If the accused fails or refuses to sign, the lack of Insertion start their Insertion end signature does not invalidate the appearance notice.

Contents of undertaking
Start of inserted block

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).

    End of inserted block
Mandatory conditions
Start of inserted block

(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.

End of inserted block
Additional conditions
Start of inserted block

(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.

    End of inserted block
Attendance for purposes of Identification of Criminals Act
Start of inserted block

(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.

End of inserted block
Money or other valuable security to be deposited with justice
Start of inserted block

(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.

End of inserted block
Signature of accused
Start of inserted block

(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.

End of inserted block
Variation of undertaking on consent
Start of inserted block

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.

End of inserted block
Replacement by justice of undertaking with order
Start of inserted block

(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.

End of inserted block

218The Act is amended by adding the following before section 503:

Appearance of the accused
Start of inserted block

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.

End of inserted block
Witness in Canada
Start of inserted block

(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.

End of inserted block
Witness outside Canada
Start of inserted block

(3)For greater certainty, sections 714.‍2 to 714.‍8 apply when a witness outside Canada gives evidence in a proceeding under this Part.

End of inserted block
Participants
Start of inserted block

(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.

End of inserted block
Justice
Start of inserted block

(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.

End of inserted block

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) Insertion start Subject to the other provisions of this section Insertion end , a peace officer who arrests a person with or without warrant Insertion start and who has not released Insertion end Insertion start the person under any other provision under this Part Insertion end shall, in accordance with the following Insertion start paragraphs Insertion end , cause Insertion start the person Insertion end to be taken before a justice to be dealt with according to law:

  • (a) Insertion start if Insertion end 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) Insertion start if Insertion end 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
Start of inserted block

(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.

    End of inserted block
Person delivered or in custody

(2) Insertion start Subsections (1) and (1.‍1) also apply to a peace officer Insertion end 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, Insertion start except that the 24-hour period referred to in paragraphs (1)‍(a) and (b) begins after the person is delivered to the officer Insertion end .

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) Insertion start without conditions Insertion end ; 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 Insertion start of Insertion end a Insertion start release order containing any Insertion end conditions Insertion start referred Insertion end to in Insertion start paragraphs Insertion end 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 Insertion start the officer Insertion end is satisfied that the continued detention of that person is no longer necessary in order to prevent Insertion start that person from committing Insertion end 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) Insertion start Despite Insertion end subsection (4), a peace officer having the custody of a person referred to in that subsection who does not release the person before the Insertion start expiry Insertion end 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 Insertion start the peace officer’s Insertion end duty for the purposes of

(6)Paragraph 503(5)‍(b) of the Act is replaced by the following:

  • (b)any other proceedings, unless in Insertion start those Insertion end 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

505 Insertion start If Insertion end an appearance notice has been issued to an accused under section Insertion start 497 Insertion end , or Insertion start if Insertion end an accused has been released from custody under section 498 Insertion start or 503 Insertion end , 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 Insertion start them Insertion end shall be laid before a justice as soon as practicable Insertion start after the issuance or release Insertion end , and in any event before the time stated in the appearance notice or Insertion start undertaking Insertion end for Insertion start their Insertion end 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, Insertion start 512.‍1 Insertion end or Insertion start 512.‍2 Insertion end may, unless the offence is one Insertion start listed Insertion end in section Insertion start 469 Insertion end , authorize the release of the accused Insertion start under Insertion end section 499 by making an endorsement on the warrant in Form 29.

Undertaking or appearance notice deemed confirmed

(7) Insertion start If, under Insertion end subsection (6), a justice authorizes the release of an accused Insertion start under Insertion end section 499, Insertion start an appearance notice or undertaking referred to in Insertion end that section shall be deemed, for the purposes of subsection 145 Insertion start (3) or (4), as the case may be Insertion end , 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) Insertion start if the justice Insertion end considers that a case for so doing is made out, whether the information relates to the offence alleged in the appearance notice or Insertion start undertaking Insertion end or to an included or other offence,

    • (i)confirm the appearance notice or Insertion start undertaking Insertion end and endorse the information accordingly, or

    • (ii)cancel the appearance notice or Insertion start undertaking Insertion end 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 Insertion start the justice Insertion end 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 Insertion start undertaking Insertion end has been cancelled; and

  • (c) Insertion start if the justice Insertion end considers that a case is not made out for the purposes of paragraph (b), cancel the appearance notice or Insertion start undertaking Insertion end and cause the accused to be Insertion start immediately Insertion end notified of the cancellation.

223Subsection 509(4) of the Act is replaced by the following:

Summary of certain provisions

(4) Insertion start The Insertion end summons Insertion start must Insertion end set out Insertion start a summary Insertion end of subsection 145( Insertion start 3 Insertion end ), section Insertion start 512.‍1 Insertion end and Insertion start subsection 524(4) Insertion end .

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 Insertion start undertaking Insertion end 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 Insertion start without conditions Insertion end or with the intention of compelling Insertion start their Insertion end 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 Insertion start undertaking Insertion end has been confirmed under subsection 508(1) and the accused fails to attend court in accordance Insertion start with it Insertion end 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
Start of inserted block

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.

End of inserted block
Arrest warrant — failure to appear under appearance notice or undertaking
Start of inserted block

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.

End of inserted block
Warrant to appear under section 524
Start of inserted block

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.

End of inserted block

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, Insertion start when Insertion end 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, Insertion start make a release Insertion end order in respect of that offence, Insertion start without conditions Insertion end , 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
Start of inserted block

(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.

    End of inserted block
Imposition of least onerous form of release
Start of inserted block

(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.

End of inserted block
Promise to pay favoured over deposit
Start of inserted block

(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.

End of inserted block
Restraint in use of surety
Start of inserted block

(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.

End of inserted block
Power of justice — sureties

(2.‍1) Insertion start If Insertion end , under subsection (2) or any other provision of this Act, a judge, justice or court Insertion start makes a release order Insertion end with Insertion start a requirement for Insertion end 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) Insertion start If Insertion end , by this Act, the appearance of an accused is required for the purposes of judicial interim release, the accused shall Insertion start appear personally Insertion end but the justice may allow the accused to appear by Insertion start videoconference or Insertion end , subject to subsection (2.‍3), by Insertion start audioconference Insertion end , Insertion start if Insertion end the Insertion start technological Insertion end means is satisfactory to the justice.

When consent required for audioconference

(2.‍3)If the accused cannot appear by closed-circuit television or Insertion start videoconference Insertion end 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 Insertion start by audioconference Insertion end .

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
Start of inserted block

(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.

    End of inserted block
Conditions authorized

(4) Insertion start When making an order under Insertion end subsection (2), the justice may Insertion start direct Insertion end the accused to Insertion start comply with Insertion end one or more of the following Insertion start conditions Insertion end specified in the order:

  • (a)report at Insertion start specified Insertion end times to a peace officer, or other person, designated in the order;

  • (b)remain within a Insertion start specified Insertion end territorial jurisdiction;

  • (c)notify a peace officer or other person designated Insertion start in the order Insertion end of any change in Insertion start their Insertion end 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;

  • Start of inserted block

    (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;

    End of inserted block
  • (f)deposit Insertion start all their passports Insertion end as specified in the order;

  • ( Insertion start g Insertion end )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

  • ( Insertion start h Insertion end )comply with Insertion start any Insertion end other reasonable conditions specified in the order Insertion start that Insertion end 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, Insertion start except in accordance with any specified conditions that the justice considers necessary Insertion end ;

  • Start of inserted block

    (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

    End of inserted block

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) Insertion start that is Insertion end an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1) or 22(1) of the Security of Information Act,

  • (v) Insertion start that is Insertion end an offence under subsection 21(1) or 22(1) or section 23 of the Security of Information Act committed in relation to Insertion start an Insertion end 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:

  • Start of inserted block

    (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;

    End of inserted block
  • (c)with an offence under any of subsections 145(2) to (5) that is alleged to have been committed while Insertion start they were Insertion end at large after being released in respect of another offence Insertion start under Insertion end 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) Insertion start If Insertion end an accused to whom Insertion start subsection (6) Insertion end applies shows cause why Insertion start their Insertion end detention in custody is not justified, the justice shall Insertion start make a release order under this section. If Insertion end the accused was Insertion start already Insertion end at large on a Insertion start release order, the new release order may include any Insertion end 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
Start of inserted block

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.

    End of inserted block
Exception
Start of inserted block

(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.

      End of inserted block
Means of telecommunication
Start of inserted block

(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.

End of inserted block

229Section 516 of the Act is amended by adding the following after subsection (2):

Duration of order
Start of inserted block

(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.

    End of inserted block

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) Insertion start If Insertion end a justice makes Insertion start a release Insertion end order under Insertion start section Insertion end 515,

231The Act is amended by adding the following after section 519:

Variation of release order with consent
Start of inserted block

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.

End of inserted block

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 Insertion start make a release Insertion end order Insertion start referred to Insertion end in Insertion start section Insertion end 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) Insertion start If Insertion end an accused, in respect of an offence with which Insertion start they are Insertion end charged, Insertion start has Insertion end not been taken into custody or Insertion start has Insertion end been released from custody under any provision of this Part, the appearance notice, summons, undertaking or Insertion start release order Insertion end 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 Insertion start release order Insertion end 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) Insertion start If Insertion end an accused is charged with an offence and a new information, charging the same offence or an included offence, is received Insertion start while the accused is subject to an Insertion end order for detention, Insertion start release order Insertion end , 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, Insertion start release order Insertion end , appearance notice, summons or undertaking applies in respect of the new information.

When direct indictment preferred

(1.‍2) Insertion start If Insertion end an accused is charged with an offence, and an indictment is preferred under section 577 charging the same offence or an included offence Insertion start while the accused is subject to an Insertion end order for detention, Insertion start release order Insertion end , appearance notice, summons or undertaking, the order for detention, Insertion start release order Insertion end , 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:

Start of inserted block
Proceedings Respecting Failure to Comply with Release Conditions
End of inserted block
Judicial referral hearing
Start of inserted block

523.‍1(1)When an accused appears before a justice in any of the circumstances described in subsection (2), the justice shall

  • (a)if the accused was released from custody under an order made under subsection 522(3) by a judge of the superior court of criminal jurisdiction of any province, order that the accused appear before a judge of that court so that the judge may hear the matter; or

  • (b)in any other case, hear the matter.

    End of inserted block
Circumstances
Start of inserted block

(2)The circumstances referred to in subsection (1) are the following:

  • (a)an appearance notice has been issued to the accused for failing to comply with a summons, appearance notice, undertaking or release order or to attend court as required and the prosecutor seeks a decision under this section; or

  • (b)a charge has been laid against the accused for the contravention referred to in paragraph (a) and the prosecutor seeks a decision under this section.

    End of inserted block
Powers — Judge or Justice
Start of inserted block

(3)If the judge or justice who hears the matter is satisfied that the accused 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 judge or justice shall review any conditions of release that have been imposed on the accused and may, as the case may be,

  • (a)take no action;

  • (b)cancel any other summons, appearance notice, undertaking or release order in respect of the accused and, as the case may be,

    • (i)make a release order under section 515, or

    • (ii)if the prosecutor shows cause why the detention of the accused in custody is justified under subsection 515(10), make an order that the accused be detained in custody until the accused is dealt with according to law and if so detained, the judge or justice shall include in the record a statement of the judge’s or justice’s reasons for making the order; or

  • (c)remand the accused to custody for the purposes of the Identification of Criminals Act.

    End of inserted block
Dismissal of charge
Start of inserted block

(4)If a charge has been laid against the accused for the failure referred to in paragraph 2(a) and the judge or justice, as the case may be, makes a decision under subsection (3), the judge or justice shall also dismiss that charge.

End of inserted block
No information or indictment
Start of inserted block

(5)If the judge or justice makes a decision under subsection (3), no information may be laid nor indictment be preferred against the accused for the failure referred to in paragraph (2)‍(a).

End of inserted block
Hearing

524(1) Insertion start When Insertion end an accused is taken before a justice Insertion start in any of the circumstances described in subsection (2) Insertion end , the justice shall

  • (a) Insertion start if Insertion end the accused was released from custody Insertion start under Insertion end an order made under subsection 522(3) by a judge of the superior court of criminal jurisdiction of any province, order that the accused be taken before a judge of that court Insertion start so that the judge may hear the matter Insertion end ; or

  • (b)in any other case, hear the Insertion start matter Insertion end .

Circumstances
Start of inserted block

(2)The circumstances referred to in subsection (1) are the following:

  • (a)the accused has been arrested for the contravention of or having been about to contravene, a summons, appearance notice, undertaking or release order and the prosecutor seeks to have it cancelled under this section; and

  • (b)the accused has been arrested for having committed an indictable offence while being subject to a summons, appearance notice, undertaking or release order and the prosecutor seeks to have it cancelled under this section.

    End of inserted block
Cancellation

(3) Insertion start The Insertion end judge Insertion start or justice who hears the matter Insertion end shall cancel Insertion start a Insertion end summons, appearance notice, undertaking or Insertion start release order in respect of the accused Insertion end if the judge Insertion start or justice Insertion end finds that

  • (a)the accused has contravened or had been about to contravene Insertion start the Insertion end summons, appearance notice, undertaking or Insertion start release order Insertion end ; or

  • (b)there are reasonable grounds to believe that the accused has committed an indictable offence Insertion start while being subject to the Insertion end summons, appearance notice, undertaking or Insertion start release order Insertion end .

Detention

(4) Insertion start If the judge or justice cancels the summons, appearance notice, undertaking or release order, the judge or justice Insertion end shall order that the accused be detained in custody unless the accused, having been given a reasonable opportunity to do so, shows cause why Insertion start their Insertion end detention in custody is not justified Insertion start under Insertion end subsection 515(10).

Release order

(5) Insertion start If Insertion end the judge Insertion start or justice Insertion end does not order that the accused be detained in custody under subsection (4), Insertion start the judge or justice shall make a release Insertion end order Insertion start referred to Insertion end in Insertion start section Insertion end 515.

Reasons

(6)If the Insertion start judge or Insertion end justice makes Insertion start a release Insertion end order under subsection Insertion start (5), the judge or justice Insertion end shall include in the record a statement of Insertion start the Insertion end reasons for making the order, and subsection 515(9) Insertion start applies Insertion end with Insertion start any Insertion end modifications Insertion start that Insertion end the circumstances require.

Release

(7)If the judge Insertion start or justice Insertion end does not Insertion start cancel the summons, appearance notice, undertaking or release order Insertion end under Insertion start subsection (3), the judge or justice Insertion end shall order that the accused be released from custody.

Provisions applicable to proceedings under this section

(8)The provisions of sections Insertion start 516 to Insertion end 519 apply with Insertion start any Insertion end modifications Insertion start that Insertion end the circumstances require in respect of any proceedings under this section, except that subsection 518(2) does not apply in respect of an accused who is charged with an offence mentioned in section Insertion start 469 Insertion end .

Review — order by judge

(9)An order made under subsection (4) or (5) Insertion start respecting an accused referred to in paragraph (1)‍(a) Insertion end is not subject to review except as provided in section 680.

Review — order of justice

(10) Insertion start An Insertion end order made under subsection (4) or (5) Insertion start respecting an accused other than the accused referred to in paragraph (1)‍(a) Insertion end , is subject to review under sections 520 and 521 as Insertion start if Insertion end the order were made under Insertion start section Insertion end 515.

R.‍S.‍, c. 27 (1st Supp.‍), s. 90(1); 1997, c. 18, s. 61

237(1)Subsection 525(1) of the Act is replaced by the following:

Time for application to judge

525(1)The person having the custody of an accused — who has been charged with an offence other than an offence listed in section 469, who is being detained in custody pending Insertion start their Insertion end trial for that offence and who is not required to be detained in custody in respect of any other matter — shall apply to a judge having jurisdiction in the place in which the accused is in custody to fix a date for a hearing to determine whether or not the accused should be released from custody, if the trial has not commenced within 90 days from

  • (a)the day on which the accused was taken before a justice under section 503; or

  • (b) Insertion start in the case where Insertion end an order that the accused be detained in custody has been made under section 521, Insertion start paragraph 523.‍1(3)‍(b)‍(ii) or section Insertion end 524, or a decision has been made with respect to a review under section 520, the later of the day on which the accused was taken into custody under that order and the day of the decision.

Insertion start The person shall make the application immediately after Insertion end the Insertion start expiry Insertion end of Insertion start those 90 days Insertion end .

Waiver of right to hearing
Start of inserted block

(1.‍1)However, the person having the custody of the accused is not required to make the application if the accused has waived in writing their right to a hearing and the judge has received the waiver before the expiry of the 90-day period referred to in subsection (1).

End of inserted block

R.‍S.‍, c. 27 (1st Supp.‍), s. 90(3); 1994, c. 44, s. 49

(2)Subsections 525(3) to (9) of the Act are replaced by the following:

Cancellation of hearing
Start of inserted block

(3)The judge may cancel the hearing if the judge receives the accused’s waiver before the hearing.

End of inserted block
Consideration of proceeding’s progression

Insertion start (4) Insertion end On the hearing described in subsection (1), the judge Insertion start shall consider Insertion end whether the prosecutor or the accused has been responsible for Insertion start any Insertion end delay Insertion start and, if the judge is concerned that the proceedings are progressing slowly and that an unreasonable delay may result, the judge may Insertion end

  • Start of inserted block

    (a)give directions for expediting the proceedings; or

  • (b)require a further hearing under this section within 90 days or any other period that the judge considers appropriate in the circumstances.

    End of inserted block
Release order

Insertion start (5) Insertion end If, following the hearing, the judge is not satisfied that the continued detention of the accused in custody is justified within the meaning of subsection 515(10), the judge Insertion start shall make a release Insertion end order Insertion start referred to Insertion end in Insertion start section Insertion end 515.

Provisions applicable to proceedings

Insertion start (6) Insertion end Sections Insertion start 495.‍1, 512.‍3 Insertion end , 517 Insertion start to Insertion end 519 and Insertion start 524 Insertion end apply, with Insertion start any Insertion end modifications Insertion start that Insertion end the circumstances require, in respect of any proceedings under this section.

R.‍S.‍, c. 27 (1st Supp.‍), s. 91

238Section 526 of the Act is replaced by the following:

Directions for expediting proceedings

526Subject to subsection Insertion start 525(4) Insertion end , a court, judge or justice before which or whom an accused appears Insertion start under Insertion end this Part may give directions for expediting any proceedings in respect of the accused.

R.‍S.‍, c. 27 (1st Supp.‍), ss. 94 and 203; 1999, c. 3, s. 34; 2008, c. 18, s. 18(1)

239Subsections 530(1) to (4) of the Act are replaced by the following:

Language of accused

530(1)On application by an accused whose language is one of the official languages of Canada, made not later than the time of the appearance of the accused at which Insertion start their Insertion end trial date is set, a Insertion start judge Insertion end , provincial court judge, judge of the Nunavut Court of Justice or justice of the peace shall grant an order directing that the accused be tried before a justice of the peace, provincial court judge, judge or judge and jury, as the case may be, who speak the official language of Canada that is the language of the accused or, if the circumstances warrant, who speak both official languages of Canada.

Idem

(2)On application by an accused whose language is not one of the official languages of Canada, made not later than the Insertion start time of the appearance of the accused at which their trial date is set Insertion end , a Insertion start judge Insertion end , provincial court judge, Insertion start judge of the Nunavut Court of Justice Insertion end or justice of the peace may grant an order directing that the accused be tried before a justice of the peace, provincial court judge, judge or judge and jury, as the case may be, who speak the official language of Canada in which the accused, in the opinion of the Insertion start judge Insertion end , provincial court judge, Insertion start judge of the Nunavut Court of Justice Insertion end or justice Insertion start of the peace Insertion end , can best give testimony or, if the circumstances warrant, who speak both official languages of Canada.

Accused to be advised of right

(3)The Insertion start judge Insertion end , provincial court judge, Insertion start judge of the Nunavut Court of Justice Insertion end or justice of the peace before whom an accused first appears shall ensure that they are advised of their right to apply for an order under subsection (1) or (2) and of the time before which such an application must be made.

Remand

(4) Insertion start If Insertion end an accused fails to apply for an order under subsection (1) or (2) and the judge, provincial court judge, Insertion start judge of the Nunavut Court of Justice Insertion end or justice of the peace before whom the accused is to be tried, in this Part referred to as “the court”, is satisfied that it is in the best interests of justice that the accused be tried before a justice of the peace, provincial court judge, judge or judge and jury who speak the official language of Canada that is the language of the accused or, if the language of the accused is not one of the official languages of Canada, the official language of Canada in which the accused, in the opinion of the court, can best give testimony, the court may, if it does not speak that language, by order remand the accused to be tried by a justice of the peace, provincial court judge, judge or judge and jury, as the case may be, who speak that language or, if the circumstances warrant, who speak both official languages of Canada.

2002, c. 13, s. 24

240Section 535 of the Act is replaced by the following:

Inquiry by justice

535If an accused who is charged with an indictable offence Insertion start that is punishable by imprisonment for life Insertion end is before a justice and a request has been made for a preliminary inquiry under subsection 536(4) or 536.‍1(3), the justice shall, in accordance with this Part, inquire into the charge and any other indictable offence, in respect of the same transaction, founded on the facts that are disclosed by the evidence taken in accordance with this Part.

2002, c. 13, s. 25(1)

241(1)Subsection 536(2) of the Act is replaced by the following:

Election before justice — imprisonment for life

(2)If an accused is before a justice, charged with an indictable offence Insertion start that is punishable by imprisonment for life Insertion end , other than an offence listed in section 469, the justice shall, after the information has been read to the accused, put the accused to an election in the following words:

You have the option to elect to be tried by a provincial court judge without a jury and without having had a preliminary inquiry; or you may elect to be tried by a judge without a jury; or you may elect to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you or the prosecutor requests one. How do you elect to be tried?
Election before justice — other indictable offences
Start of inserted block

(2.‍1)If an accused is before a justice, charged with an indictable offence — other than an offence that is punishable by imprisonment for life, an offence listed in section 469 that is not punishable by imprisonment for life or an offence over which a provincial court judge has absolute jurisdiction under section 553 —, the justice shall, after the information has been read to the accused, put the accused to an election in the following words:

You have the option to elect to be tried by a provincial court judge without a jury; or you may elect to be tried by a judge without a jury; or you may elect to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. How do you elect to be tried?
End of inserted block

R.‍S.‍, c. 27 (1st Supp.‍), s. 96

(2)Paragraph 536(3)‍(a) of the French version of the Act is replaced by the following:

  • a)si le juge de paix n’est pas un juge de la cour provinciale, renvoie le prévenu, pour comparution et plaidoyer relativement à l’inculpation, devant un juge de la cour provinciale ayant juridiction dans la circonscription territoriale où l’infraction Insertion start aurait Insertion end été commise;

2004, c. 12, s. 9(1)

(3)Subsection 536(4) of the Act is replaced by the following:

Request for preliminary inquiry

(4)If an accused Insertion start referred to in subsection (2) Insertion end elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)‍( Insertion start a Insertion end ) to have elected to be tried by a court composed of a judge and jury, or Insertion start if an accused Insertion end is charged with an offence listed in section 469 Insertion start that is punishable by imprisonment for life Insertion end , the justice shall, subject to section 577, on the request of the accused or the prosecutor made at that time or within the period fixed by rules of court made under section 482 or 482.‍1 or, if there are no such rules, by the justice, hold a preliminary inquiry into the charge.

2004, c. 12, s. 9(2)

(4)The portion of subsection 536(4.‍1) of the Act before paragraph (a) is replaced by the following:

Endorsement on the information — accused referred to in subsection (2)

(4.‍1)If an accused Insertion start referred to in subsection (2) Insertion end elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)‍( Insertion start a Insertion end ) to have elected to be tried by a court composed of a judge and jury, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing

(5)Section 536 of the Act is amended by adding the following after subsection (4.‍1):

Endorsement on the information — other accused charged with an offence punishable by imprisonment for life
Start of inserted block

(4.‍11)If an accused is before a justice, charged with an offence listed in section 469 that is punishable by imprisonment for life, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing whether the accused or the prosecutor has requested that a preliminary inquiry be held.

End of inserted block
Endorsement on the information — accused referred to in subsection (2.‍1)
Start of inserted block

(4.‍12)If an accused referred to in subsection (2.‍1) elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)‍(a) to have elected to be tried by a court composed of a judge and jury, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing the nature of the election or deemed election of the accused or that the accused did not elect, as the case may be.

End of inserted block

R.‍S.‍, c. 27 (1st Supp.‍), s. 96

(6)Subsection 536(5) of the French version of the Act is replaced by the following:

Compétence

(5)Lorsqu’un juge de paix devant qui se tient ou doit se tenir une enquête préliminaire n’a pas commencé à recueillir la preuve, tout juge de paix ayant juridiction dans la province où l’infraction dont le prévenu est inculpé Insertion start aurait Insertion end été commise est compétent Insertion start pour l’application Insertion end du paragraphe (4).

2002, c. 13, s. 26; 2004, c. 12, s. 10(1)

242(1)Subsections 536.‍1(2) and (3) of the Act are replaced by the following:

Election before judge or justice of the peace in Nunavut — imprisonment for life

(2)If an accused is before a judge or justice of the peace, charged with an indictable offence Insertion start that is punishable by imprisonment for life Insertion end , other than an offence mentioned in section 469, the judge or justice of the peace shall, after the information has been read to the accused, put the accused to an election in the following words:

You have the option to elect to be tried by a judge without a jury or to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you or the prosecutor requests one. How do you elect to be tried?
Election before judge or justice of the peace in Nunavut — other indictable offences
Start of inserted block

(2.‍1)If an accused is before a judge or justice of the peace, charged with an indictable offence — other than an offence that is punishable by imprisonment for life, an offence listed in section 469 that is not punishable by imprisonment for life or an offence mentioned in section 553 —, the judge or justice of the peace shall, after the information has been read to the accused, put the accused to an election in the following words:

You have the option to elect to be tried by a judge without a jury or to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. How do you elect to be tried?
End of inserted block
Request for preliminary inquiry — Nunavut

(3)If an accused Insertion start referred to in subsection (2) Insertion end elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)‍( Insertion start a Insertion end ) to have elected to be tried by a court composed of a judge and jury or Insertion start if an accused Insertion end is charged with an offence listed in section 469 Insertion start that is punishable by imprisonment for life Insertion end , the justice or judge shall, subject to section 577, on the request of the accused or the prosecutor made at that time or within the period fixed by rules of court made under section 482 or 482.‍1 or, if there are no such rules, by the judge or justice, hold a preliminary inquiry into the charge.

2004, c. 12, s. 10(2)

(2)The portion of subsection 536.‍1(4) of the Act before paragraph (a) is replaced by the following:

Endorsement on the information — accused referred to in subsection (2)

(4)If an accused Insertion start referred to in subsection (2) Insertion end elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)‍( Insertion start a Insertion end ) to have elected to be tried by a court composed of a judge and jury, the justice or judge shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing

(3)Section 536.‍1 of the Act is amended by adding the following after subsection (4):

Endorsement on the information — other accused charged with an offence punishable by imprisonment for life
Start of inserted block

(4.‍01)If an accused is before a judge or justice of the peace, charged with an offence listed in section 469 that is punishable by imprisonment for life, the justice or judge shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing whether the accused or the prosecutor has requested that a preliminary inquiry be held.

End of inserted block
Endorsement on the information — accused referred to in subsection (2.‍1)
Start of inserted block

(4.‍02)If an accused referred to in subsection (2.‍1) elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)‍(a) to have elected to be tried by a court composed of a judge and jury, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing the nature of the election or deemed election of the accused or that the accused did not elect, as the case may be.

End of inserted block

2002, c. 13, s. 27

243Section 536.‍5 of the English version of the Act is replaced by the following:

Agreement to limit scope of preliminary inquiry

536.‍5Whether or not a hearing is held under section 536.‍4, the prosecutor and the accused may agree to limit the scope of the preliminary inquiry to specific issues. An agreement shall be filed with the court or recorded under subsection 536.‍4(2), as the case may be.

1994, c. 44, s. 53(2); 2002, c. 13, s. 28(1)

244(1)Paragraphs 537(1)‍(i) and (j) of the Act are replaced by the following:

  • (i)regulate the course of the inquiry in any way that appears to the justice to be Insertion start desirable, including to promote a fair and expeditious inquiry, that is Insertion end consistent with this Act and that, unless the justice is satisfied that to do so would be contrary to the best interests of the administration of justice, is in accordance with any admission of fact or agreement recorded under subsection 536.‍4(2) or agreement made under section 536.‍5;

  • (j) Insertion start if Insertion end the prosecutor and the accused so agree, permit the accused to appear by counsel or by closed-circuit television or Insertion start videoconference Insertion end , for any part of the inquiry other than a part in which the evidence of a witness is taken;

1997, c. 18, s. 64(1)

(2)Paragraph 537(1)‍(k) of the Act is replaced by the following:

  • (k)require an accused who is confined in prison to appear by closed-circuit television or Insertion start videoconference Insertion end , for any part of the inquiry other than a part in which the evidence of a witness is taken, Insertion start as long as Insertion end the accused is given the opportunity to communicate privately with counsel Insertion start if they are Insertion end represented by counsel.

2008, c. 18, s. 22

(3)Subsection 537(1.‍01) of the Act is replaced by the following:

Power provided under paragraph (1)‍(i)
Start of inserted block

(1.‍01)For the purpose of paragraph (1)‍(i), the justice may, among other things, limit the scope of the preliminary inquiry to specific issues and limit the witnesses to be heard on these issues.

End of inserted block
Section 715 or 715.‍01

Insertion start (1.‍02) Insertion end Insertion start Insertion end Insertion start If Insertion end a justice grants a request under paragraph (1)‍(j.‍1), the Court must inform the accused that the evidence taken during Insertion start their Insertion end absence could still be admissible under section 715 Insertion start or 715.‍01 Insertion end .

2002, c. 13, s. 29(1)

245Paragraph 540(1)‍(a) of the Act is replaced by the following:

  • (a)take the evidence under oath of the witnesses called on the part of the prosecution, Insertion start subject to subsection 537(1.‍01) Insertion end , and allow the accused or counsel for the accused to cross-examine them; and

1994, c. 44, s. 54

246(1)Subsection 541(1) of the Act is replaced by the following:

Hearing of witnesses

541(1)When the evidence of the witnesses called on the part of the prosecution has been taken down and, Insertion start if Insertion end required by this Part, has been read, the justice shall, subject to this section Insertion start and subsection 537(1.‍01) Insertion end , hear the witnesses called by the accused.

1994, c. 44, s. 54

(2)Subsection 541(5) of the Act is replaced by the following:

Depositions of witnesses

(5) Insertion start Subject to subsection 537(1.‍01), the Insertion end justice shall hear each witness called by the accused who testifies to any matter relevant to the inquiry, and for the purposes of this subsection, section 540 applies with Insertion start any Insertion end modifications Insertion start that Insertion end the circumstances require.

247(1)Subsection 543(1) of the Act is replaced by the following:

Order that accused appear or be taken before justice where offence alleged to have been committed

543(1) Insertion start If Insertion end an accused is charged with an offence alleged to have been committed out of the limits of the jurisdiction in which Insertion start they have Insertion end been charged, the justice before whom Insertion start they appear Insertion end or Insertion start are Insertion end brought may, at any stage of the inquiry after hearing both parties, order the accused to appear or, if the accused is in custody, issue a warrant in Form 15 to convey the accused before a justice who, having jurisdiction in the place where the offence is alleged to have been committed, shall continue and complete the inquiry.

(2)The portion of subsection 543(2) of the French version of the Act before paragraph (a) is replaced by the following:

Transmission de la transcription et des documents et effet de l’ordonnance ou du mandat

(2)Lorsqu’un juge de paix rend une ordonnance ou décerne un mandat en application du paragraphe (1), il fait transmettre à un juge de paix ayant juridiction à l’endroit où l’infraction Insertion start aurait Insertion end été commise la transcription de tous témoignages rendus devant lui lors de l’enquête et tous les documents qu’il avait alors devant lui et qui se rapportent à l’enquête, et :

(3)Paragraph 543(2)‍(b) of the French version of the Act is replaced by the following:

  • b)toute citation à comparaître délivrée au prévenu, toute promesse de comparaître ou promesse remise par lui, ou tout engagement contracté par lui aux termes de la partie XVI, sont censés l’avoir été dans le ressort où l’infraction Insertion start aurait Insertion end été commise et enjoindre au prévenu de comparaître devant le juge de paix auquel la transcription et les documents sont transmis au moment prévu dans l’ordonnance rendue au sujet du prévenu en vertu de l’alinéa (1)a).

(4)Paragraph 543(2)‍(b) of the Act is replaced by the following:

  • (b)any appearance notice, undertaking or release order issued to or given or entered into by the accused shall be deemed to have been issued, given or entered into in the jurisdiction where the offence is alleged to have been committed and to require the accused to appear before the justice to whom the transcript and documents are transmitted at the time provided in the order made in respect of the accused under paragraph (1)‍(a).

1994, c. 44, s. 55

248Subsection 544(5) of the Act is replaced by the following:

Accused calling witnesses

(5) Insertion start If Insertion end , at the conclusion of the evidence on the part of the prosecution at a preliminary inquiry that has been continued Insertion start under Insertion end subsection (1), the accused is absent but Insertion start their Insertion end counsel is present, Insertion start the counsel Insertion end shall be given an opportunity to call witnesses on behalf of the accused, Insertion start subject to subsection 537(1.‍01) Insertion end , and subsection 541(5) applies with Insertion start any Insertion end modifications Insertion start that Insertion end the circumstances require.

2002, c. 13, s. 30

249Subsection 549(1.‍1) of the Act is replaced by the following:

Limited preliminary inquiry

(1.‍1)If the prosecutor and the accused agree under section 536.‍5 to limit the scope of a preliminary inquiry to specific issues, the justice, without Insertion start taking or Insertion end recording evidence on any other issues, may order the accused to stand trial in the court having criminal jurisdiction.

250Subsection 550(2) of the Act is replaced by the following:

Clarification

(2)A recognizance entered into Insertion start under Insertion end this section may be set out at the end of a deposition or be separate from Insertion start it Insertion end .

R.‍S.‍, c. 27 (1st Supp.‍), s. 102

251Section 551 of the Act is replaced by the following:

Transmission of record by justice

551 Insertion start If Insertion end a justice orders an accused to stand trial, the justice shall Insertion start immediately Insertion end send to the clerk or other proper officer of the court by which the accused is to be tried, any information, evidence, exhibits, Insertion start or Insertion end statement of the accused taken down in writing Insertion start in accordance with Insertion end section 541, Insertion start any appearance notice Insertion end , undertaking Insertion start or release order given by or issued to the accused Insertion end and Insertion start any Insertion end evidence taken before a coroner that is in the possession of the justice.

2011, c. 16, s. 4

252Subsection 551.‍1(3) of the Act is repealed.

2011, c. 16, s. 4

253(1)The portion of subsection 551.‍3(1) of the Act before paragraph (a) is replaced by the following:

Powers before evidence on merits presented

551.‍3(1)In performing Insertion start their Insertion end duties before the stage of the presentation of the evidence on the merits, the case management judge, as a trial judge, Insertion start exercises Insertion end the powers that a trial judge has before that stage Insertion start in order to assist in promoting a fair and efficient trial Insertion end , including Insertion start by Insertion end

(2)Paragraph 551.‍3(1)‍(g) of the Act is amended by striking out “and” at the end of subparagraph (v), by adding “and” at the end of subparagraph (vi) and by adding the following after subparagraph (vi):

  • Start of inserted block

    (vii)receiving routine police evidence, as defined in subsection 657.‍01(7), by affidavit or solemn declaration;

    End of inserted block

(3)Subsection 551.‍3(1) of the Act is amended by striking out “and” at the end of paragraph (f), by adding “and” at the end of paragraph (g) and by adding the following after paragraph (g):

  • Start of inserted block

    (h)ordering, in each case set out in subsection 599(1), that the trial be held in a territorial division in the same province other than that in which the offence would otherwise be tried.

    End of inserted block

R.‍S.‍, c. 27 (1st Supp.‍), s. 203; 1994, c. 44, s. 58

254(1)Subsections 555(1) and (2) of the Act are replaced by the following:

If charge should be prosecuted by indictment

555(1) Insertion start If Insertion end in any proceedings under this Part an accused is before a provincial court judge and it appears to the provincial court judge that for any reason the charge should be prosecuted Insertion start in superior court Insertion end , Insertion start the provincial court judge Insertion end may, at any time before the accused has entered Insertion start a Insertion end defence, decide not to adjudicate and shall Insertion start then Insertion end inform the accused of Insertion start the Insertion end decision.

Election before justice
Start of inserted block

(1.‍1)If the provincial court judge has decided not to adjudicate, the judge shall put the accused to an election in the following words:

You have the option to elect to be tried by a superior court judge without a jury or you may elect to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you are entitled to one and you or the prosecutor requests one. How do you elect to be tried?
End of inserted block
Continuing proceedings
Start of inserted block

(1.‍2)If the accused is entitled to a preliminary inquiry and they or the prosecutor requests one, the provincial court judge shall continue the proceedings as a preliminary inquiry.

End of inserted block
If subject matter is testamentary instrument or exceeds $5,000 in value

(2) Insertion start If Insertion end an accused is before a provincial court judge, charged with an offence Insertion start prosecuted by indictment Insertion end mentioned in paragraph 553(a) or subparagraph 553(b)‍(i), and, at any time before the provincial court judge makes an adjudication, the evidence establishes that the subject matter of the offence is a testamentary instrument or that its value exceeds $5,000, the provincial court judge shall put the accused to Insertion start their Insertion end election in accordance with subsection 536( Insertion start 2.‍1 Insertion end ).

R.‍S.‍, c. 27 (1st Supp.‍), s. 106; 2002, c. 13, s. 32

(2)The portion of subsection 555(3) of the Act before paragraph (b) is replaced by the following:

Continuing proceedings

(3) Insertion start If Insertion end an accused is put to Insertion start their Insertion end election Insertion start under Insertion end subsection Insertion start (1.‍1) or Insertion end (2), the following provisions apply:

  • (a)if the accused elects to be tried by a Insertion start superior court Insertion end judge without a jury or a court composed of a judge and jury or does not elect when put to Insertion start their Insertion end election, the provincial court judge shall endorse on the information a record of the Insertion start nature of the Insertion end election Insertion start or deemed election Insertion end ; and

1999, c. 3, s. 39; 2002, c. 13, s. 33

255Section 555.‍1 of the Act is replaced by the following:

If charge should be prosecuted by indictment — Nunavut

555.‍1(1)If in any criminal proceedings under this Part an accused is before a judge of the Nunavut Court of Justice and it appears to the judge that for any reason the charge should be prosecuted by indictment, the judge may, at any time before the accused has entered a defence, decide not to adjudicate and shall then inform the accused of the decision.

Election before justice
Start of inserted block

(1.‍1)If the judge has decided not to adjudicate, the judge shall put the accused to an election in the following words:

You have the option to elect to be tried by a judge without a jury or to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you are entitled to one and you or the prosecutor requests one. How do you elect to be tried?
End of inserted block
Continuing proceedings
Start of inserted block

(1.‍2)If the accused is entitled to a preliminary inquiry and they or the prosecutor requests one, the judge shall endorse on the information a record of the nature of the election or deemed election and continue the proceedings as a preliminary inquiry.

End of inserted block
If subject-matter is testamentary instrument or exceeds $5,000 in value — Nunavut

(2)If an accused is before a judge of the Nunavut Court of Justice, charged with an offence Insertion start prosecuted by indictment Insertion end mentioned in paragraph 553(a) or subparagraph 553(b)‍(i), and, at any time before the judge makes an adjudication, the evidence establishes that the subject matter of the offence is a testamentary instrument or that its value exceeds $5,000, the judge shall put the accused to Insertion start their Insertion end election in accordance with subsection 536.‍1( Insertion start 2.‍1 Insertion end ).

Continuing proceedings — Nunavut

( Insertion start 3 Insertion end )If an accused is put to Insertion start their Insertion end election under subsection Insertion start (1.‍1) and no preliminary inquiry is requested, or is put to an election under subsection Insertion end (2), and elects to be tried by a judge without a jury Insertion start or Insertion end a Insertion start court composed of a judge Insertion end and Insertion start jury or Insertion end does not Insertion start elect when put to the election Insertion end , the judge shall endorse on the information a record of the Insertion start nature of the Insertion end election Insertion start or deemed election Insertion end and continue with the trial.

Application to Nunavut

( Insertion start 4 Insertion end )This section, and not section 555, applies in respect of criminal proceedings in Nunavut.

R.‍S.‍, c. 27 (1st Supp.‍), s. 110; 2002, c. 13, s. 37

256(1)Subsections 561(1) to (5) of the Act are replaced by the following:

Right to re-elect

561(1)An accused who elects or is deemed to have elected a mode of trial other than trial by a provincial court judge may re-elect,

  • Start of inserted block

    (a)if the accused is charged with an offence for which a preliminary inquiry has been requested under subsection 536(4),

    End of inserted block
    • Insertion start (i) Insertion end at any time before or after the completion of the preliminary inquiry, with the written consent of the prosecutor, to be tried by a provincial court judge,

    • Insertion start (ii) Insertion end at any time before the completion of the preliminary inquiry or before the Insertion start 60th Insertion end day following the completion of the preliminary inquiry, as of right, another mode of trial other than trial by a provincial court judge, and

    • Insertion start (iii) Insertion end on or after the Insertion start 60th Insertion end day following the completion of the preliminary inquiry, any mode of trial with the written consent of the prosecutor; Insertion start or Insertion end

  • Start of inserted block

    (b)if the accused is charged with an offence for which they are not entitled to request a preliminary inquiry or if they did not request a preliminary inquiry under subsection 536(4),

    • (i)as of right, not later than 60 days before the day first appointed for the trial, another mode of trial other than trial by a provincial court judge, or

    • (ii)any mode of trial with the written consent of the prosecutor.

      End of inserted block
Right to re-elect

(2)An accused who elects to be tried by a provincial court judge may, not later than Insertion start 60 Insertion end days before the day first appointed for the trial, re-elect as of right another mode of trial, and may do so after that time with the written consent of the prosecutor.

Notice of re-election under paragraph (1)‍(a)

(3) Insertion start If Insertion end an accused Insertion start intends Insertion end to re-elect under Insertion start paragraph Insertion end (1) Insertion start (a) Insertion end before the completion of the preliminary inquiry, Insertion start they Insertion end shall give notice in writing Insertion start of their intention Insertion end to re-elect, together with the written consent of the prosecutor, Insertion start if Insertion end that consent is required, to the justice presiding at the preliminary inquiry who shall on receipt of the notice,

  • (a)in the case of a re-election under Insertion start sub Insertion end paragraph (1)‍( Insertion start a Insertion end ) Insertion start (ii) Insertion end , put the accused to Insertion start their Insertion end re-election in the manner set out in subsection (7); or

  • (b) Insertion start if Insertion end the accused Insertion start intends Insertion end to re-elect under Insertion start sub Insertion end paragraph (1)‍(a) Insertion start (i) Insertion end and the justice is not a provincial court judge, notify a provincial court judge or clerk of the court of the accused’s intention to re-elect and send to the provincial court judge or clerk the information and any promise to appear, undertaking or recognizance given or entered into in accordance with Part XVI, or any evidence taken before a coroner, that is in the possession of the justice.

Notice of re-election under paragraph (1)‍(b) or subsection (2)

(4) Insertion start If Insertion end an accused Insertion start intends Insertion end to re-elect under Insertion start paragraph (1)‍(b) or Insertion end subsection (2), Insertion start they Insertion end shall give notice in writing that Insertion start they intend Insertion end to re-elect together with the written consent of the prosecutor, Insertion start if Insertion end that consent is required, to the provincial court judge before whom the accused appeared and pleaded or to a clerk of the court.

Notice and transmitting record

(5) Insertion start If Insertion end an accused Insertion start intends Insertion end to re-elect under Insertion start paragraph Insertion end (1) Insertion start (a) Insertion end after the completion of the preliminary inquiry, Insertion start they Insertion end shall give notice in writing that Insertion start they intend Insertion end to re-elect, together with the written consent of the prosecutor, Insertion start if Insertion end that consent is required, to a judge or clerk of the court of Insertion start the accused’s Insertion end original election who shall, on receipt of the notice,

  • Insertion start (a) Insertion end notify the judge or provincial court judge or clerk of the court by which the accused wishes to be tried of the accused’s intention to re-elect; and

  • Insertion start (b) Insertion end send to that judge or provincial court judge or clerk the information, the evidence, the exhibits and the statement, if any, of the accused taken down in writing under section 541 and any promise to appear, undertaking or recognizance given or entered into in accordance with Part XVI, or any evidence taken before a coroner, that is in the possession of the first-mentioned judge or clerk.

(2)Paragraph 561(3)‍(b) of the Act is replaced by the following:

  • (b)if the accused intends to re-elect under subparagraph (1)‍(a)‍(i) and the justice is not a provincial court judge, notify a provincial court judge or clerk of the court of the accused’s intention to re-elect and send to the provincial court judge or clerk any information, appearance notice, undertaking or release order given by or issued to the accused and any evidence taken before a coroner that is in the possession of the justice.

(3)Subsection 561(5) of the Act is replaced by the following:

Notice and transmitting record

(5)If an accused intends to re-elect under paragraph (1)‍(a) after the completion of the preliminary inquiry, they shall give notice in writing, together with the written consent of the prosecutor, if that consent is required, to a judge or clerk of the court of the accused’s original election. The judge or clerk shall, on receipt of the notice,

  • (a)notify the judge or provincial court judge or clerk of the court by which the accused wishes to be tried of the accused’s intention to re-elect; and

  • (b)send to that judge or provincial court judge or clerk any information, evidence, exhibits and statement of the accused taken down in writing in accordance with section 541, any appearance notice, undertaking or release order given by or issued to the accused and any evidence taken before a coroner that is in the possession of the first-mentioned judge or clerk.

R.‍S.‍, c. 27 (1st Supp.‍), s. 110

(4)Subsection 561(6) of the French version of the Act is replaced by the following:

Date, heure et lieu du nouveau choix

(6)Lorsqu’un juge de la cour provinciale ou un juge ou un greffier Insertion start du Insertion end tribunal est avisé en vertu de l’alinéa (3)b) ou des paragraphes (4) ou (5) que le prévenu désire faire un nouveau choix, le juge de la cour provinciale ou le juge doit immédiatement fixer les date, heure et lieu où le prévenu pourra faire son nouveau choix et doit faire en sorte qu’un avis soit donné au prévenu et au poursuivant.

R.‍S.‍, c. 27 (1st Supp.‍), s. 110

(5)Subsection 561(7) of the Act is replaced by the following:

Proceedings on re-election

(7)The accused shall attend or, if in custody, shall be produced at the time and place appointed under subsection (6) and shall be put to Insertion start a Insertion end re-election after

  • (a)the charge on which Insertion start the accused Insertion end has been ordered to stand trial or the indictment, Insertion start if Insertion end an indictment has been preferred Insertion start under Insertion end section 566, 574 or 577 or is filed with the court before which the indictment is to be preferred Insertion start under Insertion end section 577, has been read to the accused; or

  • (b)the information, in the case of a re-election under Insertion start paragraph Insertion end (1) Insertion start (a) Insertion end , before the completion of the preliminary inquiry, or under Insertion start paragraph (1)‍(b) or Insertion end subsection (2), Insertion start has been read to the accused Insertion end .

Insertion start The accused shall Insertion end be put to Insertion start their Insertion end re-election in the following words or in words to the like effect:

You have given notice of your Insertion start intention Insertion end to re-elect the mode of your trial. You now have the option to do so. How do you Insertion start intend Insertion end to re-elect?

2002, c. 13, s. 38(1)

257(1)Subsections 561.‍1(2) and (3) of the Act are replaced by the following:

Right to re-elect before trial — Nunavut

(2)An accused who has elected or is deemed to have elected a mode of trial but has not requested a preliminary inquiry under subsection 536.‍1(3) Insertion start or is not entitled to make such a request under that subsection Insertion end may, as of right, re-elect to be tried by any other mode of trial at any time up to Insertion start 60 Insertion end days before the day first appointed for the trial.

Right to re-elect at preliminary inquiry — Nunavut

(3)An accused who has elected or is deemed to have elected a mode of trial and has requested a preliminary inquiry under subsection 536.‍1(3) may, as of right, re-elect to be tried by the other mode of trial at any time before the completion of the preliminary inquiry or before the Insertion start 60th Insertion end day after its completion.

1999, c. 3, s. 43

(2)Subsection 561.‍1(4) of the French version of the Act is replaced by the following:

Avis : cas des paragraphes (1) ou (3) : Nunavut

(4)S’il a l’intention de faire un nouveau choix avant la fin de l’enquête préliminaire Insertion start en vertu des paragraphes (1) ou (3) Insertion end , le prévenu doit en donner un avis écrit, accompagné, le cas échéant, du consentement, au juge de paix ou juge présidant l’enquête qui, sur réception de l’avis, l’appelle à faire son nouveau choix Insertion start en vertu du Insertion end paragraphe (9).

2002, c. 13, s. 38(2)

(3)Subsection 561.‍1(5) of the Act is replaced by the following:

Notice at preliminary inquiry — Nunavut

(5)If at a preliminary inquiry an accused Insertion start intends Insertion end to re-elect under subsection (1) or (3) to be tried by a judge without a jury but does not Insertion start intend Insertion end to request a preliminary inquiry under subsection 536.‍1(3), the presiding justice of the peace shall notify a judge or a clerk of the Nunavut Court of Justice of the accused’s intention to re-elect and send to the judge or clerk any information, Insertion start appearance notice Insertion end , undertaking or Insertion start release order Insertion end given Insertion start by Insertion end or Insertion start issued to the accused Insertion end and Insertion start any Insertion end evidence taken before a coroner that is in the possession of the justice of the peace.

2002, c. 13, s. 38(2)

(4)Subsection 561.‍1(6) of the Act is replaced by the following:

Notice when no preliminary inquiry or preliminary inquiry completed — Nunavut

(6)If an accused who has not requested a preliminary inquiry under subsection 536.‍1(3), who has had one or Insertion start who was not entitled to make such a request under that subsection intends Insertion end to re-elect under this section, the accused shall give notice in writing of the Insertion start intention Insertion end to re-elect together with the written consent of the prosecutor, if that consent is required, to the judge before whom the accused appeared and pleaded or to a clerk of the Nunavut Court of Justice.

1999, c. 3, s. 43

(5)Subsection 561.‍1(9) of the Act is replaced by the following:

Proceedings on re-election — Nunavut

(9)The accused shall attend or, if in custody, shall be produced at the time and place appointed under subsection (8) and shall be put to a re-election after

  • (a)the charge on which the accused has been ordered to stand trial has been read to the accused or, if an indictment has been preferred Insertion start under Insertion end section 566, 574 or 577 or is filed with the court before which the indictment is to be preferred Insertion start under Insertion end section 577, the indictment Insertion start has been read to the accused Insertion end ; or

  • (b)the information — in the case of a re-election under subsection (1) or (3), before the completion of the preliminary inquiry, or under subsection (2) —  Insertion start has been read to the accused Insertion end .

Insertion start The accused shall Insertion end be put to Insertion start their Insertion end re-election in the following words or in words to the like effect:

You have given notice of your Insertion start intention Insertion end to re-elect the mode of your trial. You now have the option to do so. How do you Insertion start intend Insertion end to re-elect?

R.‍S.‍, c. 27 (1st Supp.‍), s. 110

258Section 562 of the Act is replaced by the following:

Proceedings following re-election

562(1) Insertion start If Insertion end the accused re-elects under Insertion start subparagraph Insertion end 561(1)‍(a) Insertion start (i) Insertion end before the completion of the preliminary inquiry, under Insertion start paragraph Insertion end 561(1) Insertion start (a) Insertion end after the completion of the preliminary inquiry or Insertion start under paragraph 561(1)‍(b) Insertion end , the provincial court judge or judge, as the case may be, shall proceed with the trial or appoint a time and place for the trial.

Proceedings following re-election

(2) Insertion start If Insertion end the accused re-elects under Insertion start subparagraph Insertion end 561(1)‍( Insertion start a Insertion end ) Insertion start (ii) Insertion end before the completion of the preliminary inquiry, or under subsection 561(2), Insertion start and requests a preliminary inquiry under subsection 536(4) Insertion end , the justice shall proceed with the preliminary inquiry.

2002, c. 13, s. 39

259Subsection 562.‍1(1) of the Act is replaced by the following:

Proceedings following re-election — Nunavut

562.‍1(1)If the accused re-elects under subsection 561.‍1(1) to be tried by a judge without a jury and does not request a preliminary inquiry under subsection 536.‍1(3), Insertion start or if the accused re-elects any other mode of trial under subsection 561.‍1(2) but is not entitled to make a request for a preliminary inquiry under subsection 536.‍1(3) Insertion end , the judge shall proceed with the trial or appoint a time and place for the trial.

R.‍S.‍, c. 27 (1st Supp.‍), s. 110

260Paragraph 563(a) of the Act is replaced by the following:

  • (a)the accused shall be tried on the information that was before the justice at the preliminary inquiry, Insertion start if applicable Insertion end , subject to any amendments Insertion start to the information Insertion end that may be allowed by the provincial court judge by whom the accused is tried; and

1999, c. 3, s. 45; 2002, c. 13, s. 40

261The portion of subsection 563.‍1(1) of the Act before paragraph (b) is replaced by the following:

Proceedings on re-election to be tried by judge without jury — Nunavut

563.‍1(1)If an accused re-elects under section 561.‍1 to be tried by a judge without a jury and does not request a preliminary inquiry under subsection 536.‍1(3) Insertion start or is not entitled to make such a request under that subsection Insertion end ,

  • (a)the accused shall be tried on the information that was before the justice of the peace or judge at the preliminary inquiry, Insertion start if applicable Insertion end , subject to any amendments that may be allowed by the judge by whom the accused is tried; and

R.‍S.‍, c. 27 (1st Supp.‍), s. 111; 1999, c. 3, ss. 46(1) and (2); 2008, c. 18, s. 23

262(1)Subsections 565(1) to (2) of the Act are replaced by the following:

Election deemed to have been made

565(1)If an accused is ordered to stand trial for an offence that, under this Part, may be tried by a judge without a jury, the accused shall, for the purposes of the provisions of this Part relating to election and re-election, be deemed to have elected to be tried by a court composed of a judge and jury if

  • (a)the justice Insertion start of the peace Insertion end , provincial court judge or judge, as the case may be, declined to record the election or re-election of the accused Insertion start under Insertion end section 567 Insertion start or subsection 567.‍1(1) Insertion end ; or

  • (b)the accused does not elect when put to an election under section 536 Insertion start or 536.‍1 Insertion end .

When direct indictment preferred

(2)If an accused is to be tried after an indictment has been preferred against the accused Insertion start on the basis of Insertion end a consent or order given under section 577, the accused is, for the purposes of the provisions of this Part relating to election and re-election, deemed to have elected to be tried by a court composed of a judge and jury and not to have requested a preliminary inquiry under subsection 536(4) or 536.‍1(3), Insertion start if they were entitled to make such a request Insertion end , and may re-elect to be tried by a judge without a jury without a preliminary inquiry.

2008, c. 18, s. 23

(2)Subsection 565(3) of the Act is replaced by the following:

Notice of re-election

(3) Insertion start If Insertion end an accused Insertion start intends Insertion end to re-elect under subsection (2), the accused shall give notice in writing to a judge or clerk of the court where the indictment has been filed or preferred. Insertion start The judge or clerk Insertion end shall, on receipt of the notice, notify a judge having jurisdiction or clerk of the court by which the accused wishes to be tried of the accused’s intention to re-elect and send to that judge or clerk any indictment, Insertion start appearance notice Insertion end , undertaking or Insertion start release order Insertion end given Insertion start by Insertion end or Insertion start issued to the accused Insertion end , Insertion start any Insertion end summons or warrant issued under section 578 Insertion start and any Insertion end evidence taken before a coroner that is in the possession of the first-mentioned judge or clerk.

2002, c. 13, s. 42

263Subsection 566.‍1(1) of the Act is replaced by the following:

Indictment — Nunavut

566.‍1(1)The trial of an accused for an indictable offence, other than an indictable offence referred to in section 553 or an offence in respect of which the accused has elected or re-elected to be tried by a judge without a jury and in respect of which no party has requested a preliminary inquiry under subsection 536.‍1(3) Insertion start or was not entitled to make such a request under that subsection Insertion end , must be on an indictment in writing setting out the offence with which the accused is charged.

R.‍S.‍, c. 27 (1st Supp.‍), s. 112; 1994, c. 44, s. 59(1)

264(1)Subsections 570(1) and (2) of the Act are replaced by the following:

Record of conviction or order

570(1) Insertion start If Insertion end an accused who is tried under this Part is determined by a judge or provincial court judge to be guilty of an offence on acceptance of a plea of guilty or on a finding of guilt, the judge or provincial court judge, as the case may be, shall endorse the information accordingly and shall sentence the accused or otherwise deal with the accused in the manner authorized by law and, on request by the accused, the prosecutor, a peace officer or any other person, a conviction in Form 35 and a certified copy of it, or an order in Form 36 and a certified copy of it, shall be drawn up and the certified copy shall Insertion start be delivered Insertion end to the person making the request.

Acquittal and record of acquittal

(2) Insertion start If Insertion end an accused who is tried under this Part is found not guilty of an offence with which the accused is charged, the judge or provincial court judge, as the case may be, shall immediately acquit the accused in respect of that offence, an order in Form 37 shall be drawn up and, on request, a certified copy shall Insertion start be drawn up Insertion end and Insertion start delivered Insertion end to the accused.

1994, c. 44, s. 59(2); 2003, c. 21, s. 10

(2)Subsections 570(5) and (6) of the Act are replaced by the following:

Warrant of committal

(5) Insertion start If Insertion end an accused other than an organization is convicted, the judge or provincial court judge, as the case may be, shall issue a warrant of committal in Form 21, and section 528 applies in respect of a warrant of committal issued under this subsection.

Admissibility of certified copy

(6) Insertion start If Insertion end a warrant of committal is Insertion start signed Insertion end by a clerk of a court, a copy of the warrant of committal, certified by the clerk, is admissible in evidence in any proceeding.

2002, c. 13, s. 45

265Subsection 574(1.‍1) of the Act is replaced by the following:

Preferring indictment when no preliminary inquiry

(1.‍1)If a person has not requested a preliminary inquiry under subsection 536(4) or 536.‍1(3) into the charge Insertion start or was not entitled to make such a request Insertion end , the prosecutor may, subject to subsection (3), prefer an indictment against a person in respect of a charge set out in an information or informations, or any included charge, at any time after the person has made an election, re-election or deemed election on the information or informations.

R.‍S.‍, c. 27 (1st Supp.‍), s. 117

266Subsection 579(1) of the Act is replaced by the following:

Attorney General may direct stay

579(1)The Attorney General or counsel instructed by Insertion start the Attorney General Insertion end for that purpose may, at any time after any proceedings in relation to an accused or a defendant are commenced and before judgment, direct the clerk or other proper officer of the court to make an entry on the record that the proceedings are stayed by Insertion start the Attorney General’s or counsel’s Insertion end direction, Insertion start as the case may be Insertion end , and Insertion start the Insertion end entry shall Insertion start then Insertion end be made, Insertion start at which time Insertion end the proceedings shall be stayed accordingly and any Insertion start undertaking or release order Insertion end relating to the proceedings is vacated.

1994, c. 44, s. 60

267(1)The portion of subsection 579.‍1(1) of the Act before paragraph (b) is replaced by the following:

Intervention by Attorney General of Canada or Director of Public Prosecutions

579.‍1(1)The Attorney General of Canada Insertion start or the Director of Public Prosecutions appointed under subsection 3(1) of the Director of Public Prosecutions Act Insertion end , or counsel instructed by him or her for that purpose, may intervene in proceedings in the following circumstances:

  • Start of inserted block

    (a)the proceedings are in respect of an offence for which he or she has the power to commence or to conduct a proceeding;

    End of inserted block

1994, c. 44, s. 60

(2)Paragraph 579.‍1(1)‍(d) of the French version of the Act is replaced by the following:

  • d)à l’égard de laquelle n’est pas intervenu le procureur général de la province où les Insertion start poursuites ou Insertion end procédures sont engagées.

1994, c. 44, s. 60

(3)Subsection 579.‍1(2) of the Act is replaced by the following:

Sections 579 and 579.‍01 to apply

(2) Insertion start Sections Insertion end 579 Insertion start and 579.‍01 apply Insertion end , with Insertion start any Insertion end modifications Insertion start that Insertion end the circumstances require, to proceedings in which the Attorney General of Canada Insertion start or the Director of Public Prosecutions Insertion end intervenes Insertion start under Insertion end this section.

268Subsection 597(3) of the Act is replaced by the following:

Interim release

(3) Insertion start If Insertion end an accused is arrested under a warrant issued under subsection (1), a judge of the court that issued the warrant may Insertion start make Insertion end a Insertion start release Insertion end order Insertion start referred to Insertion end in Insertion start section 515 Insertion end .

269Paragraph 599(1)‍(a) of the Act is replaced by the following:

  • (a)it appears expedient to the ends of justice, Insertion start including Insertion end

    • Start of inserted block

      (i)to promote a fair and efficient trial, and

    • (ii)to ensure the safety and security of a victim or witness or to protect their interests and those of society; or

      End of inserted block

2002, c. 13, s. 49(1)

270(1)The portion of subsection 606(1.‍1) of the English version of the Act before subparagraph (b)‍(i) is replaced by the following:

Conditions for accepting guilty plea

(1.‍1)A court may accept a plea of guilty only if it is satisfied that

  • (a)the accused is making the plea voluntarily;

  • (b) Insertion start the accused Insertion end understands

(2)Subsection 606(1.‍1) of the Act is amended by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):

  • Start of inserted block

    (c)the facts support the charge.

    End of inserted block

1992, c. 41, s. 2; 2001, c. 32, s. 40; 2002, c. 13, s. 54(1) and (2); 2008, c. 18, s. 25; 2011, c. 16, s. 8

271Sections 633 and 634 of the Act are replaced by the following:

Stand by

633The judge may direct a juror who has been called Insertion start under Insertion end subsection 631(3) or (3.‍1) to stand by for reasons of personal hardship, Insertion start maintaining public confidence in the administration of justice Insertion end or any other reasonable cause.

1992, c. 41, s. 2

272Subsection 635(1) of the Act is replaced by the following:

Order of challenges

635(1)The accused shall be called on before the prosecutor is called on to declare whether the accused challenges the first juror for cause, and Insertion start after that Insertion end the prosecutor and the accused shall be called on alternately, in respect of each of the remaining jurors, to first make such a declaration.

273Paragraphs 638(1)‍(b) to (d) of the Act are replaced by the following:

  • (b)a juror is not Insertion start impartial Insertion end ;

  • (c)a juror has been convicted of an offence for which Insertion start they were Insertion end sentenced to a term of imprisonment of Insertion start two years or more and for which no pardon or record suspension is in effect Insertion end ;

  • (d)a juror is not a Insertion start Canadian citizen Insertion end ;

2008, c. 18, s. 26; 2011, c. 16, s. 9

274Section 640 of the Act is replaced by the following:

Determination of challenge for cause
Start of inserted block

640(1)If a challenge is made on a ground mentioned in section 638, the judge shall determine whether the alleged ground is true or not and, if the judge is satisfied that it is true, the juror shall not be sworn.

End of inserted block
Exclusion order

(2)On the application of the accused Insertion start or prosecutor or on the judge’s own motion Insertion end , the Insertion start judge Insertion end may order the exclusion of all jurors, sworn and unsworn, from the court room until it is determined whether the ground of challenge is true if the Insertion start judge Insertion end is of the opinion that Insertion start the Insertion end order is necessary to preserve the impartiality of the jurors.

275Section 644 of the Act is amended by adding the following after subsection (2):

Trial may continue without jury
Start of inserted block

(3)If in the course of a trial the number of jurors is reduced below 10, the judge may, with the consent of the parties, discharge the jurors, continue the trial without a jury and render a verdict.

End of inserted block

1994, c. 44, s. 61; 1997, c. 18, s. 77(1)‍(F) and (2)

276Subsections 650(1.‍1) and (1.‍2) of the Act are replaced by the following:

Video links

(1.‍1) Insertion start If Insertion end the court so orders, and Insertion start if Insertion end the prosecutor and the accused so agree, the accused may appear by counsel or by closed-circuit television or Insertion start videoconference Insertion end , for any part of the trial other than a part in which the evidence of a witness is taken.

Video links

(1.‍2) Insertion start If Insertion end the court so orders, an accused who is confined in prison may appear by closed-circuit television or Insertion start videoconference Insertion end , for any part of the trial other than a part in which the evidence of a witness is taken, Insertion start as long as Insertion end the accused is given the opportunity to communicate privately with counsel Insertion start if they are Insertion end represented by counsel.

2002, c. 13, s. 61

277Section 650.‍02 of the Act is replaced by the following:

Remote appearance

650.‍02The prosecutor or the counsel designated under section 650.‍01 may appear before the court by Insertion start audioconference or videoconference, if Insertion end the technological means Insertion start is Insertion end satisfactory to the court.

278The Act is amended by adding the following after section 657:

Routine police evidence
Start of inserted block

657.‍01(1)In any proceedings, the court may allow routine police evidence, if otherwise admissible through testimony, to be received in evidence by affidavit or solemn declaration of a police officer and may, on its own motion or at the request of any party, require the attendance of that police officer for the purposes of examination or cross-examination, as the case may be.

End of inserted block
Factors to consider
Start of inserted block

(2)In determining whether to receive any routine police evidence by affidavit or solemn declaration and, if so, whether to require the attendance of the police officer, the court shall take into account the interests of justice, including

  • (a)the nature of the proceedings in which the evidence is sought to be received by affidavit or solemn declaration;

  • (b)the extent to which that evidence is central or peripheral to the issue before the court;

  • (c)whether and the extent to which that evidence is expected to be contested;

  • (d)the accused’s right to make full answer and defence;

  • (e)the importance of promoting a fair and efficient trial; and

  • (f)any other factor that the court considers relevant.

    End of inserted block
Notice of intention to produce evidence
Start of inserted block

(3)The affidavit or solemn declaration shall not be received in evidence unless the party intending to produce it has, before the trial or other proceeding, given to the party against whom it is intended to be produced reasonable notice of that intention together with a copy of the affidavit or solemn declaration.

End of inserted block
Notice of intention to object or cross-examine
Start of inserted block

(4)The party against whom the affidavit or solemn declaration is to be produced shall, before the trial or other proceeding, give the other party reasonable notice of any intention

  • (a)to object to the court receiving the evidence by affidavit or solemn declaration; or

  • (b)to request that the court require the attendance of the police officer for the purposes of cross-examination.

    End of inserted block
Proof of affidavit or solemn declaration
Start of inserted block

(5)For the purpose of subsection (1), the affidavit or solemn declaration is received in evidence without proof of the signature of the person or the official character of the person appearing to have signed it.

End of inserted block
Non-derogation
Start of inserted block

(6)Nothing in this section affects any other provisions of this Act or any other Act of Parliament or any rule of common law that allows evidence to be received in writing.

End of inserted block
Definitions
Start of inserted block

(7)The following definitions apply in this section.

police officer means any officer, constable or other person employed for the preservation and maintenance of the public peace. (policier)

routine police evidence means evidence of a police officer related to

  • (a)gathering evidence and making observations;

  • (b)analysing, preserving or otherwise handling evidence;

  • (c)identifying or arresting an accused or otherwise interacting with an accused; or

  • (d)other routine activities similar to those set out in paragraphs (a) to (c) that the police officer undertook in the course of their duties. (élément de preuve de routine)

    End of inserted block

1991, c. 43, s. 4; 2005, c. 22, par. 42(d)‍(F)

279Section 672.‍46 of the Act is replaced by the following:

Status quo pending Review Board hearing

672.‍46(1) Insertion start If Insertion end the court does not make a disposition in respect of the accused at a disposition hearing, any order for the detention of the accused or any Insertion start release order Insertion end , appearance notice, summons or undertaking in respect of the accused that is in force at the time the verdict of not criminally responsible on account of mental disorder or unfit to stand trial is rendered continues in force, subject to its terms, until the Review Board makes a disposition.

Variation

(2) Insertion start Despite Insertion end subsection (1), a court may, pending a disposition by the Review Board in respect of the accused, on cause being shown, vacate Insertion start the detention Insertion end order, Insertion start release order Insertion end , appearance notice, summons or undertaking referred to in that subsection, and make any other order for the detention of the accused Insertion start or any other release order Insertion end that the court considers to be appropriate in the circumstances, including an order directing that the accused be detained in custody in a hospital.

1997, c. 18, s. 84(2); 2005, c. 22, para. 42(g)‍(F)

280Subsection 672.‍5(13) of the Act is replaced by the following:

Video links

(13) Insertion start If Insertion end the accused so agrees, the court or the chairperson of the Review Board may permit the accused to appear by closed-circuit television or Insertion start videoconference Insertion end for any part of the hearing.

2013, c.‍11, s.‍2

281Paragraph (b) of the definition sentence in section 673 of the Act is replaced by the following:

  • (b)an order made under subsection 109(1) or 110(1), section 161, subsection 164.‍2(1) or 194(1), section 259, 261 or 462.‍37, subsection 491.‍1(2), 730(1) or 737 Insertion start (1.‍1) Insertion end , (3) Insertion start or (5) Insertion end or section 738, 739, 742.‍1, 742.‍3, 743.‍6, 745.‍4 or 745.‍5,

R.‍S.‍, c. 27 (1st Supp.‍), s. 141; 1999, c. 25, s. 14

282(1)Subsections 679(5) to (6) of the Act are replaced by the following:

Conditions of release order
Start of inserted block

(5)If the judge of the court of appeal does not refuse the appellant’s application, the judge shall make a release order referred to in section 515, the form of which may be adapted to suit the circumstances, which must include a condition that the accused surrender themselves into custody in accordance with the order.

End of inserted block
Immediate release of appellant

Insertion start (5.‍1) Insertion end The person having the custody of the appellant shall, Insertion start if Insertion end the appellant complies with the Insertion start release Insertion end order, Insertion start immediately Insertion end release the appellant.

Applicable provisions

(6) Insertion start Sections 495.‍1, 512.‍3 and 524 apply Insertion end , with Insertion start any Insertion end modifications Insertion start that Insertion end the circumstances require, in respect Insertion start of any proceedings Insertion end under Insertion start this section Insertion end .

(2)Subsection 679(9) of the Act is repealed.

1994, c. 44, s. 68

283The portion of subsection 680(1) of the Act before paragraph (a) is replaced by the following:

Review by court of appeal

680(1)A decision made by a judge under section 522, Insertion start a decision made under Insertion end subsections 524 Insertion start (3) to Insertion end (5) Insertion start with respect to an accused referred to in paragraph 524(1)‍(a) Insertion end or a decision made by a judge of the court of appeal under section 261 or 679 may, on the direction of the chief justice or acting chief justice of the court of appeal, be reviewed by that court and that court may, if it does not confirm the decision,

2002, c. 13, s. 67

284(1)Subsection 683(2.‍1) of the Act is replaced by the following:

Remote appearance

(2.‍1)In proceedings under this section, the court of appeal may order that a party Insertion start appear Insertion end by Insertion start audioconference Insertion end or Insertion start videoconference Insertion end , Insertion start if Insertion end the technological means Insertion start is Insertion end satisfactory to the court.

(2)Section 683 of the Act is amended by adding the following after subsection (2.‍2):

Application of sections 715.‍25 and 715.‍26
Start of inserted block

(2.‍3)Sections 715.‍25 and 715.‍26 apply, with any modifications that the circumstances require, to proceedings under this section.

End of inserted block

2008, c. 18, s. 29(1)

(3)Subsection 683(5.‍1) of the Act is replaced by the following:

Release order or recognizance

(5.‍1)Before making an order under paragraph (5)‍(e) or (f), the court of appeal, or a judge of that court, may Insertion start make a release order or Insertion end order the offender to enter into Insertion start a Insertion end recognizance.

2008, c. 18, s. 29(2)

(4)Subsection 683(7) of the Act is replaced by the following:

Release order to be taken into account

(7)If the offender Insertion start is subject to a release order Insertion end under subsection (5.‍1), the court of appeal shall, in determining whether to vary the sentence of the offender, take into account the conditions of that Insertion start order Insertion end and the period Insertion start for Insertion end which they were imposed Insertion start on the offender Insertion end .

1999, c. 3, s. 52(2)

285Paragraph 686(5.‍01)‍(b) of the English version of the Act is replaced by the following:

  • (b)if the accused, in the notice of appeal or notice of application for leave to appeal, did not request that the new trial, if ordered, should be held before a court composed of a judge and jury, the new trial shall, without further election by the accused, and without a preliminary inquiry, be held before a judge, acting under Part XIX, other than a judge who tried the accused in the first instance, unless the Court of Appeal of Nunavut directs that the new trial be held before the judge who tried the accused in the first instance;

2002, c. 13, s. 68

286Paragraphs 688(2.‍1)‍(a) and (b) of the Act are replaced by the following:

  • (a)at an application for leave to appeal or at any proceedings that are preliminary or incidental to an appeal, the appellant appear by Insertion start audioconference or videoconference Insertion end , Insertion start if the technological Insertion end means is satisfactory to the court; and

  • (b)at the hearing of the appeal, if the appellant has access to legal advice, Insertion start they Insertion end appear by closed-circuit television or Insertion start videoconference Insertion end .

R.‍S.‍, c. 27 (1st Supp.‍), s. 203; 1997, c. 30, s. 2

287Subsections 699(5) and (5.‍1) of the Act are replaced by the following:

Signature

(5)A subpoena or warrant that is issued by a justice or provincial court judge under this Part Insertion start must Insertion end be signed by the justice, provincial court judge or Insertion start the clerk of the court Insertion end .

Sexual offences

(5.‍1) Insertion start Despite Insertion end anything in subsections (1) to (5), in the case of an offence referred to in subsection 278.‍2(1), a subpoena requiring a witness to bring to the court a record, the production of which is governed by sections 278.‍1 to 278.‍91, must be issued by a judge and signed Insertion start by the judge or the clerk of the court Insertion end .

1999, c. 18, s. 94

288Subsection 700.‍1(1) of the Act is replaced by the following:

Video links

700.‍1(1)If a person is to give evidence under section 714.‍1 or under subsection 46(2) of the Canada Evidence Act — or is to give evidence or a statement Insertion start under Insertion end an order made Insertion start under Insertion end section 22.‍2 of the Mutual Legal Assistance in Criminal Matters Act — at a place within the jurisdiction of a court referred to in subsection 699(1) or (2) where the technology is available, a subpoena shall be issued out of the court to order the person to give that evidence at Insertion start that Insertion end place.

R.‍S.‍, c. 27 (1st Supp.‍), s. 203

289(1)The portion of subsection 705(1) of the Act before paragraph (a) is replaced by the following:

Warrant if witness does not attend

705(1) Insertion start If Insertion end a person who has been served with a subpoena to give evidence in a proceeding does not attend or remain in attendance, the court, judge, justice or provincial court judge before whom that person was required to attend may issue a warrant in Form 17 for the arrest of that person if it is established

(2)The portion of subsection 705(1) of the Act after paragraph (b) is repealed.

R.‍S.‍, c. 27 (1st Supp.‍), s. 203

(3)Subsection 705(2) of the Act is replaced by the following:

Warrant if witness bound by recognizance

(2) Insertion start If Insertion end a person who has been bound by a recognizance to attend to give evidence in any proceeding does not attend or does not remain in attendance, the court, judge, justice or provincial court judge before whom that person was bound to attend may issue a warrant in Form 17 for the arrest of that person.

R.‍S.‍, c. 27 (1st Supp.‍), s. 203

(4)Subsection 705(3) of the French version of the Act is replaced by the following:

Mandat valable partout au Canada

(3)Un mandat Insertion start décerné Insertion end par un juge de paix ou un juge de la cour provinciale Insertion start en vertu des paragraphes Insertion end (1) ou (2) peut être exécuté partout au Canada.

R.‍S.‍, c. 27 (1st Supp.‍), s. 203

290Section 706 of the Act is replaced by the following:

If witness arrested under warrant

706 Insertion start If Insertion end a person is brought before a court, judge, provincial court judge or justice under a warrant issued Insertion start under Insertion end subsection 698(2) or section 704 or 705, the court, judge, provincial court judge or justice may, Insertion start so that the person will Insertion end appear and give evidence when required, order that the person be detained in custody or Insertion start make a release order, the form of which may be adapted to suit the circumstances Insertion end .

291Subsection 707(3) of the Act is replaced by the following:

Review of detention

(3)If the judge before whom a witness is brought under this section is not satisfied that the continued detention of the witness is justified, Insertion start the judge Insertion end shall order Insertion start them Insertion end to be discharged or Insertion start shall make a release Insertion end order, Insertion start the form of which may be adapted to suit the circumstances Insertion end , Insertion start so that the witness will Insertion end appear and give evidence when required. Insertion start However Insertion end , if the judge is satisfied that the continued detention of the witness is justified, Insertion start the judge Insertion end may order Insertion start their Insertion end continued detention until Insertion start they do Insertion end what is required of Insertion start them under Insertion end section 550 or the trial is concluded, or until Insertion start they Insertion end appear and give evidence when required, except that the total period of detention of the witness from the time Insertion start they were Insertion end first detained in custody shall not in any case exceed 90 days.

R.‍S.‍, c. 27 (1st Supp.‍), s. 203

292Subsection 708(2) of the French version of the Act is replaced by the following:

Peine

(2)Un tribunal, Insertion start un juge Insertion end , un juge de paix ou un juge de la cour provinciale peut traiter par voie sommaire une personne coupable d’un outrage au tribunal en vertu du présent article, et cette personne est passible d’une amende maximale de cent dollars et d’un emprisonnement maximal de quatre-vingt-dix jours, ou de l’une de ces peines, et il peut lui être ordonné de payer les frais résultant de la signification de tout acte judiciaire selon la présente partie et de sa détention, s’il en est.

1999, c. 18, s. 95

293Sections 714.‍1 to 714.‍8 of the Act are replaced by the following:

Audioconference and videoconference — witness in Canada

714.‍1A court may order that a witness in Canada give evidence by Insertion start audioconference or videoconference Insertion end , if the court is of the opinion that it would be appropriate Insertion start having regard Insertion end to all the circumstances, including

  • (a)the location and personal circumstances of the witness;

  • (b)the costs that would be incurred if the witness Insertion start were Insertion end to Insertion start appear personally Insertion end ;

  • (c)the nature of the witness’ anticipated evidence;

  • Start of inserted block

    (d)the suitability of the location from where the witness will give evidence;

  • (e)the accused’s right to a fair and public hearing;

    End of inserted block
  • Insertion start (f) Insertion end the nature and Insertion start seriousness of the offence Insertion end ; and

  • Insertion start (g) Insertion end any potential prejudice to the parties caused by the fact that the witness would not be seen by them, Insertion start if the court were to order the evidence to be given by audioconference Insertion end .

Videoconference — witness outside Canada

714.‍2(1)A court shall receive evidence given by a witness outside Canada by Insertion start videoconference Insertion end , unless one of the parties satisfies the court that the reception of such testimony would be contrary to the principles of fundamental justice.

Notice

(2)A party who wishes to call a witness to give evidence under subsection (1) shall give notice to the court before which the evidence is to be given and the other parties of their intention to do so not less than 10 days before the witness is scheduled to testify.

Audioconference — witness outside Canada

714.‍3The court may receive evidence given by a witness outside Canada by Insertion start audioconference Insertion end , if the court is of the opinion that it would be appropriate Insertion start having regard Insertion end to all the circumstances, including Insertion start those set out in paragraphs 714.‍1(a) to (g) Insertion end .

Reasons
Start of inserted block

714.‍4If the court does not make an order under section 714.‍1 or does not receive evidence under section 714.‍2 or 714.‍3, it shall include in the record a statement of the reasons for not doing so.

End of inserted block
Cessation
Start of inserted block

714.‍41The court may, at any time, cease the use of the technological means referred to in section 714.‍1, 714.‍2 or 714.‍3 and take any measure that the court considers appropriate in the circumstances to have the witness give evidence.

End of inserted block
Oath or affirmation

714.‍5The evidence Insertion start referred to in Insertion end section 714.‍2 or Insertion start 714.‍3 Insertion end , Insertion start that is given by a witness who is outside of Canada Insertion end , shall be given

  • (a)under oath or affirmation in accordance with Canadian law;

  • (b)under oath or affirmation in accordance with the law in the place Insertion start where Insertion end the witness is physically present; or

  • (c)in any other manner that demonstrates that the witness understands that they must tell the truth.

Other laws about witnesses to apply

714.‍6When a witness who is outside Canada gives evidence under section 714.‍2 or Insertion start 714.‍3 Insertion end , the evidence is deemed to be given in Canada, and given under oath or affirmation in accordance with Canadian law, for the purposes of the laws relating to evidence, procedure, perjury and contempt of court.

Costs of technology

714.‍7 Insertion start Unless the court orders otherwise Insertion end , a party who Insertion start calls Insertion end a witness to give evidence by means of the technology referred to in section 714.‍1, 714.‍2 or 714.‍3 shall pay any costs associated with the use of the technology.

Consent

714.‍8Nothing in sections 714.‍1 to 714.‍7 is to be construed as preventing a court from receiving evidence by Insertion start audioconference or videoconference Insertion end , if the parties so consent.

294The Act is amended by adding the following after section 715:

Transcript of evidence
Start of inserted block

715.‍01(1)Despite section 715, the transcript of testimony given by a police officer, as defined in subsection 657.‍01(7), in the presence of an accused during a voir dire or preliminary inquiry held in relation to the accused’s trial may be received in evidence at that trial.

End of inserted block
Notice of intention to produce evidence
Start of inserted block

(2)No transcript is to be received in evidence unless the party intending to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention together with a copy of the transcript.

End of inserted block
Attendance of police officer
Start of inserted block

(3)The court may require the attendance of the police officer for the purposes of examination or cross-examination, as the case may be.

End of inserted block
Admission of evidence
Start of inserted block

(4)Despite subsection (1), evidence that has been taken at a preliminary inquiry in the absence of an accused may be received in evidence for the purposes referred to in that subsection if the accused’s absence was authorized by a justice under paragraph 537(1)‍(j.‍1).

End of inserted block
Absconding accused deemed present
Start of inserted block

(5)For the purposes of this section, if evidence was taken during a voir dire or preliminary inquiry in the absence of an accused, who was absent by reason of having absconded, the accused is deemed to have been present during the taking of the evidence and to have had full opportunity to cross-examine the witness.

End of inserted block
Exception
Start of inserted block

(6)This section does not apply to any evidence received under subsection 540(7).

End of inserted block

295The Act is amended by adding the following after section 715.‍2:

Start of inserted block
PART XXII.‍01
Remote Attendance by Certain Persons
Principles
End of inserted block
Attendance
Start of inserted block

715.‍21Except as otherwise provided in this Act, a person who appears at, participates in or presides at a proceeding shall do so personally.

End of inserted block
Provisions providing for audioconference or videoconference
Start of inserted block

715.‍22The purpose of the provisions of this Act that allow a person to appear at, participate in or preside at a proceeding by audioconference or videoconference, in accordance with the rules of court, is to serve the proper administration of justice, including by ensuring fair and efficient proceedings and enhancing access to justice.

End of inserted block Start of inserted block
Accused
End of inserted block
Appearance by audioconference or videoconference
Start of inserted block

715.‍23(1)Except as otherwise provided in this Act, the court may order an accused to appear by audioconference or videoconference, if the court is of the opinion that it would be appropriate having regard to all the circumstances, including

  • (a)the location and personal circumstances of the accused;

  • (b)the costs that would be incurred if the accused were to appear personally;

  • (c)the suitability of the location from where the accused will appear;

  • (d)the accused’s right to a fair and public hearing; and

  • (e)the nature and seriousness of the offence.

    End of inserted block
Reasons
Start of inserted block

(2)If the court does not make an order under subsection (1) it shall include in the record a statement of the reasons for not doing so.

End of inserted block
Cessation
Start of inserted block

(3)The court may, at any time, cease the use of the technological means referred to in subsection (1) and take any measure that the court considers appropriate in the circumstances to have the accused appear at the proceeding.

End of inserted block
Accused in prison
Start of inserted block

715.‍24Despite anything in this Act, if an accused who is in prison does not have access to legal advice during the proceedings, the court shall, before permitting the accused to appear by videoconference, be satisfied that the accused will be able to understand the proceedings and that any decisions made by the accused during the proceedings will be voluntary.

End of inserted block Start of inserted block
Participants
End of inserted block
Definition of participant
Start of inserted block

715.‍25(1)In this section, participant means any person, other than an accused, a witness, a juror, a judge or a justice, who may participate in a proceeding.

End of inserted block
Participation by audioconference or videoconference
Start of inserted block

(2)Except as otherwise provided in this Act, the court may order a participant to participate in a proceeding by audioconference or videoconference, if the court is of the opinion that it would be appropriate having regard to all the circumstances, including

  • (a)the location and personal circumstances of the participant;

  • (b)the costs that would be incurred if the participant were to participate personally;

  • (c)the nature of the participation;

  • (d)the suitability of the location from where the participant will participate;

  • (e)the accused’s right to a fair and public hearing; and

  • (f)the nature and seriousness of the offence.

    End of inserted block
Reasons
Start of inserted block

(3)If the court does not make an order under subsection (2) it shall include in the record a statement of the reasons for not doing so.

End of inserted block
Cessation
Start of inserted block

(4)The court may, at any time, cease the use of the technological means referred to in subsection (2) and take any measure that the court considers appropriate in the circumstances to have the participant participate in the proceeding.

End of inserted block
Costs
Start of inserted block

(5)Unless the court orders otherwise, a party who has a participant participate by audioconference or videoconference shall pay any costs associated with the use of that technology.

End of inserted block Start of inserted block
Judge or Justice
End of inserted block
Presiding by audioconference or videoconference
Start of inserted block

715.‍26(1)Except as otherwise provided in this Act, the judge or justice may preside at the proceeding by audioconference or videoconference, if the judge or justice considers it necessary having regard to all the circumstances, including

  • (a)the accused’s right to a fair and public hearing;

  • (b)the nature of the witness’ anticipated evidence;

  • (c)the nature and seriousness of the offence; and

  • (d)the suitability of the location from where the judge or justice will preside.

    End of inserted block
Reasons
Start of inserted block

(2)The judge or justice shall include in the record a statement of the judge or justice’s reasons for the decision to preside at the proceeding by audioconference or videoconference.

End of inserted block
Cessation
Start of inserted block

(3)The judge or justice may, at any time, cease the use of the technological means referred to in subsection (1) and take any measure that the judge or justice considers appropriate in the circumstances to preside at the proceeding.

End of inserted block

2005, c. 32, s. 25

296Subparagraph 718.‍2(a)‍(ii) of the Act is replaced by the following:

  • (ii)evidence that the offender, in committing the offence, abused the offender’s Insertion start intimate Insertion end partner,

297Section 718.‍3 of the Act is amended by adding the following after subsection (7):

Maximum penalty — intimate partner
Start of inserted block

(8)If an accused is convicted of an indictable offence in the commission of which violence was used, threatened or attempted against an intimate partner and the accused has been previously convicted of an offence in the commission of which violence was used, threatened or attempted against an intimate partner, the court may impose a term of imprisonment that is more than the maximum term of imprisonment provided for that offence but not more than

  • (a)five years, if the maximum term of imprisonment for the offence is two years or more but less than five years;

  • (b)10 years, if the maximum term of imprisonment for the offence is five years or more but less than 10 years;

  • (c)14 years, if the maximum term of imprisonment for the offence is 10 years or more but less than 14 years; or

  • (d)life, if the maximum term of imprisonment for the offence is 14 years or more and up to imprisonment for life.

    End of inserted block

2009, c. 29, s. 3

298Subsection 719(3.‍1) of the Act is replaced by the following:

Exception

(3.‍1)Despite subsection (3), if the circumstances justify it, the maximum is one and one-half days for each day spent in custody.

1995, c. 22, s. 6

299Subsection 730(2) of the Act is replaced by the following:

Period for which appearance notice, etc.‍, continues in force

(2)Subject to Part XVI, Insertion start if Insertion end an accused who has not been taken into custody or who has been released from custody under any provision of Insertion start that Insertion end Part pleads guilty Insertion start to Insertion end or is found guilty of an offence but is not convicted, the appearance notice, summons, undertaking or Insertion start release order Insertion end issued to, Insertion start given Insertion end or entered into by the accused continues in force, subject to its terms, until a disposition in respect of the accused is made under subsection (1) unless, at the time the accused pleads guilty or is found guilty, the court, judge or justice orders that the accused be taken into custody pending such a disposition.

2014, c. 21, s. 2(1)

300(1)Paragraph 732.‍1(2)‍(a.‍1) of the Act is repealed.

2014, c. 21, s. 2(2)