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Bill C-79

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26. Paragraph (d) of Form 13 of Part XXVIII of the Act is replaced by the following:

    (d) abstain from communicating, directly or indirectly, with (identification of victim, witness or other person) except in accordance with the following conditions: (as the justice or judge specifies);

27. Paragraph (d) of the Schedule of Conditions in Form 32 of Part XXVIII of the Act is replaced by the following:

    (d) abstains from communicating, directly or indirectly, with (identification of victim, witness or other person) except in accordance with the following conditions: (as the justice or judge specifies);

CONSEQUENTIAL AMENDMENTS

1992, c. 47

Contraventions Act

1996, c. 7, s. 32

28. Subsections 53(1) and (2) of the Contraventions Act are replaced by the following:

Recognizan-
ces

53. (1) Notwithstanding paragraphs 498(1)(c) and (d), 499(1)(b) and (c) and 515(2)(b), (c), (d) and (e) of the Criminal Code, neither an officer in charge nor a justice of the peace may direct that a recognizance be entered into in an amount that exceeds the fine established in respect of the contravention under paragraph 8(1)(c).

Money or other valuable security

(2) Notwithstanding paragraphs 498(1)(d), 499(1)(c) and 515(2)(d) and (e) of the Criminal Code, neither an officer in charge nor a justice of the peace may direct that a sum of money or other valuable security in an amount or value that exceeds the fine established in respect of the contravention under paragraph 8(1)(c) be deposited.

CONDITIONAL AMENDMENTS

1995, c. 22

29. (1) On the later of the coming into force of this Act and the coming into force of paragraph 747.4(d) of the Criminal Code, as enacted by section 6 of An Act to amend the Criminal Code (sentencing) and other Acts in consequence thereof, chapter 22 of the Statutes of Canada, 1995, that paragraph is replaced by the following:

    (d) where the term of imprisonment is imposed on the offender in default of payment of a fine or of a victim surcharge imposed under section 737; or

(2) On the later of the coming into force of this Act and the coming into force of paragraph (b) of the definition ``sentence'' in section 785 of the Criminal Code, as enacted by subsection 7(2) of An Act to amend the Criminal Code (sentencing) and other Acts in consequence thereof, chapter 22 of the Statutes of Canada, 1995, that paragraph is replaced by the following:

    (b) an order made under subsection 110(1) or 259(1) or (2), section 261, subsection 730(1) or 737(3) or (5), section 738, 739 or 742.3 or subsection 747.1(1), and

1998, c. 7

30. On the later of the coming into force of this Act and the coming into force of section 2 of An Act to amend the Customs Act and the Criminal Code, chapter 7 of the Statutes of Canada, 1998, the portion of subsection 498(1) of the Criminal Code before paragraph (a) is replaced by the following:

Release from custody by officer in charge

498. (1) Subject to subsection (1.1), if a person who has been arrested without warrant by a peace officer is taken into custody, or if 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 is detained in custody under subsection 503(1) for an offence described in paragraph 496(a), (b) or (c), or any other offence that is punishable by imprisonment for five years or less, and has not been taken before a justice or released from custody under any other provision of this Part, the officer in charge or another peace officer shall, as soon as practicable,

1999, c. 5

31. (1) If this Act comes into force before the coming into force of section 20 of An Act to amend the Criminal Code, the Controlled Drugs and Substances Act and the Corrections and Conditional Release Act, chapter 5 of the Statutes of Canada, 1999 (in this section referred to as ``that Act''), section 20 of that Act is repealed.

(2) If this Act and section 20 of that Act come into force on the same day, section 500 of the Criminal Code, as enacted by section 20 of that Act, is repealed.

(3) On the later of the coming into force of this Act and the coming into force of section 22 of that Act, subsection 516(2) of the Criminal Code is replaced by the following:

Detention pending bail hearing

(2) A justice who remands an accused to custody under subsection (1) or subsection 515(11) may order that the accused abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, except in accordance with any conditions specified in the order that the justice considers necessary.

(4) On the earlier of the coming into force of this Act and the coming into force of section 25 of that Act,

    (a) subsection 5(2) of An Act to amend the Criminal Code (sentencing) and other Acts in consequence thereof, chapter 22 of the Statutes of Canada, 1995, is repealed; and

    (b) paragraph 190(b) of the Firearms Act, chapter 39 of the Statutes of Canada, 1995, is repealed.

(5) On the later of the coming into force of this Act and the coming into force of section 25 of that Act, paragraph (b) of the definition ``sentence'' in section 673 of the Criminal Code is replaced by the following:

    (b) an order made under subsection 109(1) or 110(1), section 161, subsection 194(1) or 259(1) or (2), section 261 or 462.37, subsection 491.1(2), 730(1) or 737(3) or (5) or section 738, 739, 742.1, 742.3, 743.6, 745.4 or 745.5,

(6) If this Act comes into force before the coming into force of section 38 of that Act, section 38 of that Act is repealed.

(7) If this Act and section 38 of that Act come into force on the same day, subsection 737(6) of the Criminal Code, as enacted by section 38 of that Act, is repealed.

(8) On the later of the coming into force of this Act and the coming into force of section 51 of that Act, paragraph (b) of the definition ``sentence'' in section 673 of the Criminal Code is replaced by the following:

    (b) an order made under subsection 109(1) or 110(1), section 161, subsection 194(1) or 259(1) or (2), section 261 or 462.37, subsection 491.1(2), 730(1) or 737(3) or (5) or section 738, 739, 742.1, 742.3, 743.6, 745.4, 745.5 or 747.1,

Bill C-68

32. If Bill C-68, introduced in the first session of the thirty-sixth Parliament and entitled An Act in respect of criminal justice for young persons and to amend and repeal other Acts (in this section referred to as ``that Act'') is assented to, then on the later of the coming into force of this Act and the coming into force of section 49 of that Act, subsection 49(1) of that Act is replaced by the following:

Application of Part XXIII of Criminal Code

49. (1) Subject to section 74, Part XXIII of the Criminal Code does not apply in respect of proceedings under this Act except for sections 722, 722.1 and 722.2, subsection 730(2) and sections 748, 748.1 and 749, which provisions apply with any modifications that the circumstances require.

COMING INTO FORCE

Coming into force

33. This Act comes into force on a day to be fixed by order of the Governor in Council.