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Bill S-220

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First Session, Forty-second Parliament,
64-65 Elizabeth II, 2015-2016
SENATE OF CANADA
BILL S-220
An Act to amend the Criminal Code (international fraud)
FIRST READING, MARCH 9, 2016
THE HONOURABLE SENATOR Hervieux-Payette, P.C.
4211520


SUMMARY
This enactment amends the Criminal Code to give certain fraud-related offences an international scope and to add aggravating circumstances for the purpose of sentencing.
Available on the Parliament of Canada Web Site at the following address:
http://www.parl.gc.ca


1st Session, 42nd Parliament,
64-65 Elizabeth II, 2015-2016
SENATE OF CANADA
BILL S-220
An Act to amend the Criminal Code (international fraud)
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Short title
1This Act may be cited as the Combating International Fraud Act.
R.‍S.‍, c. C-46

Criminal Code

2Section 7 of the Criminal Code is amended by adding the following after subsection (4.‍2):
Fraud-related offences
(4.‍21) 
Notwithstanding anything in this Act or any other Act, every one who commits an act or omission outside Canada that, if committed in Canada, would constitute an offence against, a conspiracy or an attempt to commit an offence against, or being an accessory after the fact or counselling in relation to an offence against, section 380, 382, 382.‍1, 383, 384 or 392, subsection 402.‍2(1) or paragraph 403(1)‍(a), is deemed to have committed that act or omission in Canada if
(a) the person who commits the act or omission
(i) is a Canadian citizen,
(ii) is a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act,
(iii) is not a citizen of any state and ordinarily resides in Canada, or
(iv) is an organization that is incorporated or otherwise formed by or under an Act of Parliament or of a province;
(b) the person who commits the act or omission is, after the commission of the act or omission, present in Canada; or
(c) the act or omission is committed against a Canadian citizen.
3(1) The portion of subsection 380.‍1(1) of the Act before paragraph (a) is replaced by the following:
Sentencing — aggravating circumstances
380.‍1(1) Without limiting the generality of section 718.‍2, where a court imposes a sentence for an offence referred to in section 380, 382, 382.‍1, 383, 384, 392 or 400, subsection 402.‍2(1) or paragraph 403(1)‍(a), it shall consider the following as aggravating circumstances:
(2) Paragraph 380.‍1(1)‍(b) of the Act is replaced by the following:
(b) the offence adversely affected, or had the potential to adversely affect, the stability of the Canadian economy or financial system or that of another country, or any financial market in Canada or another country, or investor confidence in such a financial market;
(3) Subsection 380.‍1(1.‍1) of the Act is replaced by the following:
Aggravating circumstance — value of the fraud
(1.‍1) Without limiting the generality of section 718.‍2, when a court imposes a sentence for an offence referred to in section 382, 382.‍1, 383, 384, 392 or 400, subsection 402.‍2(1) or paragraph 403(1)‍(a), it shall also consider as an aggravating circumstance the fact that the value of the fraud committed exceeded one million dollars.
(4) Subsection 380.‍1(2) of the Act is replaced by the following:
Non-mitigating factors
(2) When a court imposes a sentence for an offence referred to in section 380, 382, 382.‍1, 383, 384, 392 or 400, subsection 402.‍2(1) or paragraph 403(1)‍(a), it shall not consider as mitigating circumstances the offender’s employment, employment skills or status or reputation in the community if those circumstances were relevant to, contributed to, or were used in the commission of the offence.
Published under authority of the Senate of Canada



EXPLANATORY NOTES
Criminal Code
Clause 2: New.
Clause 3: Existing text of relevant portions of section 380.‍1:
Sentencing — aggravating circumstances
380.‍1(1) Without limiting the generality of section 718.‍2, where a court imposes a sentence for an offence referred to in section 380, 382, 382.‍1 or 400, it shall consider the following as aggravating circumstances:
. . . 
(b) the offence adversely affected, or had the potential to adversely affect, the stability of the Canadian economy or financial system or any financial market in Canada or investor confidence in such a financial market;
. . . 
Aggravating circumstance — value of the fraud
(1.‍1) Without limiting the generality of section 718.‍2, when a court imposes a sentence for an offence referred to in section 382, 382.‍1 or 400, it shall also consider as an aggravating circumstance the fact that the value of the fraud committed exceeded one million dollars.
Non-mitigating factors
(2) When a court imposes a sentence for an offence referred to in section 380, 382, 382.‍1 or 400, it shall not consider as mitigating circumstances the offender’s employment, employment skills or status or reputation in the community if those circumstances were relevant to, contributed to, or were used in the commission of the offence.

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