Bill C-482

1st Session, 41st Parliament,

60-61-62 Elizabeth II, 2011-2012-2013

house of commons of canada

BILL C-482

An Act to amend the Criminal Code (telecommunication device identifier)

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

CRIMINAL CODE

1. Subparagraph (a)(liv) of the definition “offence” in section 183 of the Criminal Code is replaced by the following:

(liv) subsection 327(1) (possession of device to obtain telecommunication facility or serv-ice),

2. Section 327 of the Act is replaced by the following:

327. (1) Every person who, without lawful excuse, the proof of which lies on the person, manufactures, possesses, sells or offers for sale or distributes a telecommunication device, under circumstances that give rise to a reasonable inference that the device has been used or is or was intended to be used to obtain the use of any telecommunication facility or service without paying a lawful charge for that use, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

(2) If a person is convicted of an offence under subsection (1) or (1.1) or paragraph 326(1)(b), any instrument or device in relation to which the offence was committed or the possession of which constituted the offence may, on such conviction, in addition to any punishment that is imposed, be ordered forfeited to Her Majesty for disposal as directed by the Attorney General.

(3) No order for forfeiture shall be made under subsection (2) in respect of telephone, telegraph or other communication facilities or equipment that is owned by a person engaged in providing telephone, telegraph or other communication service to the public or that forms part of a telephone, telegraph or other communication service or system provided by that person unless the person was a party to the offence.

3. (1) Subsections (2) and (3) apply if Bill C-30, introduced in the 1st session of the 41st Parliament and entitled An Act to enact the Investigating and Preventing Criminal Electronic Communications Act and to amend the Criminal Code and other Acts (in this section referred to as the “other Act”), receives royal assent.

(2) If section 2 of this Act comes into force before section 19 of the other Act, then that section 19 is repealed.

(3) If section 2 of this Act comes into force on the same day as section 19 of the other Act, then that section 19 is deemed to have come into force before that section 2.