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Bill C-305

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2nd Session, 36th Parliament,
48 Elizabeth II, 1999

The House of Commons of Canada

BILL C-305

An Act to amend the Criminal Code (prohibiting certain offenders from changing their name)

R.S., c. C-46; R.S., cc. 2, 11, 27, 31, 47, 51, 52 (1st Supp.), cc. 1, 24, 27, 35 (2nd Supp.), cc. 10, 19, 30, 34 (3rd Supp.), cc. 1, 23, 29, 30, 31, 32, 40, 42, 50 (4th Supp.); 1989, c. 2; 1990, cc. 15, 16, 17, 44; 1991, cc. 1, 4, 28, 40, 43; 1992, cc. 1, 11, 20, 21, 22, 27, 38, 41, 47, 51; 1993, cc. 7, 25, 28, 34, 37, 40, 45, 46; 1994, cc. 12, 13, 38, 44; 1995, cc. 5, 19, 22, 27, 29, 32, 39, 42; 1996, cc. 7, 8, 16, 19, 31, 34; 1997, cc. 9, 16, 17, 18, 23, 30, 39; 1998, cc. 7, 9, 15, 30, 34, 35, 37; 1999, c. 5

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. The Criminal Code is amended by adding the following after section 727:

Order respecting change of name

727.1 (1) Where an offender is convicted of first degree murder, second degree murder or an offence under section 273 (aggravated sexual assault), the court that sentences the offender, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, shall make an order prohibiting the offender from changing his or her name by application under provincial law or informally by assuming another name.

Conditions or exemptions

(2) The court may make the order of prohibition subject to any conditions or exemptions that it directs.

Duration of order

(3) The prohibition may be for life or for any shorter duration that the court considers desirable and begins on the date on which the order is made.

Appropriate court

(4) A court that makes an order of prohibition or, where the court is for any reason unable to act, another court of equivalent jurisdiction in the same province may, on application of the offender or the prosecutor, require the offender to appear before it at any time.

Variation of conditions

(5) After hearing the parties on an application under subsection (3), the court may vary the conditions prescribed in the order if, in the opinion of the court, the variation is desirable because of changed circumstances.

Offence

(6) Every person who is bound by an order of prohibition and who does not comply with the order is guilty of

    (a) an indictable offence and liable to imprisonment for a term not exceeding two years; or

    (b) an offence punishable on summary conviction.