Bill C-14

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First Reading

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RECOMMENDATION
SUMMARY
1 Short Title
2 Criminal Code
2 Amendments to the Act
56 Transitional Provisions
59 Youth Criminal Justice Act
59 Amendments to the Act
75 Transitional Provisions
79 National Defence Act
79 Amendments to the Act
82 Transitional Provision
83 Coordinating Amendments
84 Coming into Force

First Session, Forty-fifth Parliament,

3-4 Charles III, 2025

HOUSE OF COMMONS OF CANADA

BILL C-14
An Act to amend the Criminal Code, the Youth Criminal Justice Act and the National Defence Act (bail and sentencing)

FIRST READING, October 23, 2025

MINISTER OF JUSTICE

91245

RECOMMENDATION

Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the Criminal Code, the Youth Criminal Justice Act and the National Defence Act (bail and sentencing)”.

SUMMARY

This enactment amends the Criminal Code to, among other things,

(a) provide direction to peace officers, justices and judges when they apply the principle of restraint;

(b) require a justice, before making a release order or a detention order in respect of an accused, to consider whether the accused is charged with an offence in the commission of which random and unprovoked violence was used or attempted;

(c) require a justice to impose a condition prohibiting the possession of a firearm or other weapon, and to consider imposing other conditions, when making a release order in respect of an accused charged with the offence of extortion or any offence involving a criminal organization;

(d) require a justice to consider imposing certain conditions when making a release order in respect of an accused charged with an offence of motor vehicle theft or with the offence of breaking and entering a dwelling-house;

(e) create a reverse onus provision for any accused charged with the offence of motor vehicle theft involving violence, motor vehicle theft for a criminal organization, extortion involving violence, breaking and entering a dwelling-house, certain offences related to trafficking in persons or human smuggling or certain offences in which an accused is alleged to have choked, suffocated or strangled a complainant;

(f) expand the reverse onus provision to any person charged with a serious offence involving violence and the use of a weapon who has been previously convicted, within 10 years, of a serious offence involving violence and the use of a weapon;

(g) add the number or gravity of any outstanding charges against an accused as circumstances that a justice is to consider in assessing whether the detention of the accused is necessary to maintain confidence in the administration of justice;

(h) expand the circumstances in which the release documents that an accused is subject to may be canceled;

(i) create a reverse onus provision for any person who has been found guilty of certain offences if the prosecutor applies to vacate that person’s interim release order;

(j) create new aggravating factors to address repeat violent offending, offences against first responders, retail theft and theft and mischief to property offences;

(k) add new consecutive sentence provisions for repeat violent offences, motor vehicle theft offences and breaking and entering offences, and extortion and arson offences;

(l) require courts to give primary consideration to denunciation and deterrence of repeat motor vehicle theft offences, repeat breaking and entering offences and organized crime offences;

(m) restrict the possibility of imposing conditional sentence orders for sexual assault, and offences of a sexual nature or committed for a sexual purpose that involves a victim under 18 years of age;

(n) restore the availability of driving prohibitions for the offences of manslaughter and criminal negligence causing bodily harm or death; and

(o) improve the administration of justice as it relates to sentencing by increasing the penalty for contempt, enhancing the fine enforcement regime and expanding the availability of remote appearances in the mental disorder regime.

It also amends the Youth Criminal Justice Act to, among other things,

(a) clarify the definition of “violent offence” to mean, among other things, an offence in the commission of which a young person causes bodily harm;

(b) provide that the time a young person is unlawfully at large does not count towards time served for a youth custody and supervision order;

(c) enable police officers to publish identifying information about a young person in urgent situations where there is an imminent danger to public safety;

(d) clarify the process for the detention and release of young persons who are remanded for an alleged breach of a condition of their youth custody sentence while awaiting a review by the youth justice court;

(e) set out a period of access for records of extrajudicial measures, other than extrajudicial sanctions, and clarify the rules for records of investigations kept by police that did not result in a charge or extrajudicial measures; and

(f) make several technical sentencing amendments.

It also amends the National Defence Act to, among other things,

(a) improve the administration of military justice as it relates to sentencing by increasing the penalty for contempt;

(b) require courts martial to give primary consideration to denunciation and deterrence of offences involving criminal organizations; and

(c) create new aggravating circumstances to address repeat violent offending, offences against first responders, stealing for commercial purposes and certain property offences.

Finally, the enactment also includes transitional provisions and coordinating amendments.

Available on the House of Commons website at the following address:

www.ourcommons.ca

1st Session, 45th Parliament,

3-4 Charles III, 2025

HOUSE OF COMMONS OF CANADA

BILL C-14

An Act to amend the Criminal Code, the Youth Criminal Justice Act and the National Defence Act (bail and sentencing)

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

Short Title

Short title

1 This Act may be cited as the Bail and Sentencing Reform Act.

R.‍S.‍, c. C-46

Criminal Code

Amendments to the Act

2 (1) Paragraph (c) of the definition superior court of criminal jurisdiction in section 2 of the Criminal Code is replaced by the following:

(c) in the Provinces of Nova Scotia, British Columbia, Prince Edward Island and Insertion start Newfoundland and Labrador Insertion end , the Court of Appeal or the Supreme Court,

(2) Paragraph (e) of the definition superior court of criminal jurisdiction in section 2 of the Act is replaced by the following:

(e) in Yukon and the Northwest Territories, the Supreme Court, and

3 The definition superior court in subsection 84(1) of the Act is amended by adding “and” at the end of paragraph (c) and by replacing paragraphs (d) and (e) with the following:

(d) in Nova Scotia, British Columbia, Prince Edward Island, Newfoundland and Labrador and a territory, the Supreme Court; (cour supérieure)

4 Paragraph 145(5)‍(b) of the Act is replaced by the following:

(b) is bound to comply with an order under subsection 515(12), Insertion start 516.‍1(1) Insertion end or 522(2.‍1) and who fails, without lawful excuse, to comply with that order.

5 Paragraphs (c) and (d) of the definition court in subsection 164(8) of the Act are replaced by the following:

(d) in the Provinces of Nova Scotia, British Columbia, Prince Edward Island and Newfoundland and Labrador, in Yukon and in the Northwest Territories, the Supreme Court, and

6 (1) Paragraph 188(4)‍(c) of the Act is replaced by the following:

(c) in the Provinces of Nova Scotia, British Columbia, Prince Edward Island and Insertion start Newfoundland and Labrador Insertion end , in Yukon and Insertion start in Insertion end the Northwest Territories, the Chief Justice of the Supreme Court;

(2) Paragraph 188(4)‍(e) of the Act is repealed.

7 Paragraphs (c) and (d) of the definition court in subsection 320(8) of the Act are replaced by the following:

(d) in the Provinces of Nova Scotia, British Columbia, Prince Edward Island and Newfoundland and Labrador, in Yukon and in the Northwest Territories, the Supreme Court, and

8 Subsection 320.‍24(4) of the Act is replaced by the following:

Discretionary order of prohibition — other offences

(4) If an offender is found guilty of an offence under section Insertion start 220, 221, 236 Insertion end or 320.‍13, subsection 320.‍14(2) or (3) Insertion start or Insertion end 320.‍15(2) or (3) or any of sections 320.‍16 to 320.‍18, the court that sentences the offender may, in addition to any other punishment that may be imposed for that offence, make an order prohibiting the offender from operating the type of conveyance in question during a period to be determined in accordance with subsection (5).

9 The Act is amended by adding the following after section 333.‍1:

Sentences to be served consecutively — breaking and entering

333.‍11 (1) A sentence imposed on a person for an offence under subsection 333.‍1(3) or (4) shall be served consecutively to any other sentence imposed on the person for an offence under section 348 arising out of the same event or series of events.

Sentences to be served consecutively — other offences

(2) A sentence imposed on a person for a second or subsequent offence under subsection 333.‍1(3) or (4) shall be served consecutively to any other sentence imposed on the person for an offence arising out of the same event or series of events.

10 The Act is amended by adding the following after section 334:

Aggravating circumstance — stolen property

334.‍1 (1) Without limiting the generality of section 718.‍2, when a court imposes a sentence for an offence referred to in section 322, 343, 348, 351 or 354, it shall consider as an aggravating circumstance the fact that the offence was committed with intent to sell or barter the stolen property or to fraudulently return it to a retail merchant.

Aggravating circumstance — essential infrastructure

(2) Without limiting the generality of section 718.‍2, when a court imposes a sentence for an offence referred to in section 322, 343 or 430, it shall consider as an aggravating circumstance the fact that the offence interfered with the access to or functioning of an essential infrastructure, as defined in subsection 52.‍1(2), or caused it to be unsafe or unfit for use.

11 The Act is amended by adding the following after section 346:

Sentences to be served consecutively

346.‍1 A sentence imposed on a person for an offence under section 346 shall be served consecutively to any other sentence imposed on the person for an offence under any of sections 433 to 436 arising out of the same event or series of events.

12 The heading before section 493 of the French version of the Act is replaced by the following:

Définitions Insertion start et interprétation Insertion end

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

Clarification — indictable offence

493.‍01 For greater certainty, a reference to an indictable offence includes an offence that may be punishable on summary conviction if it is also an offence that may be prosecuted by indictment, unless the prosecutor has elected to proceed by way of summary conviction.

14 The Act is amended by adding the following after section 493.‍1:

Clarification

493.‍11 (1) For greater certainty, section 493.‍1 does not require the accused to be released.

Application

(2) For the purposes of section 493.‍1,

(a) a peace officer shall not release the accused if the peace officer believes on reasonable grounds that it is necessary in the public interest for the accused to be detained in custody under subsection 498(1.‍1), including for the safety and security of any victim of or witness to the offence;
(b) a peace officer shall, if they release the accused, impose the least onerous conditions that are appropriate in the circumstances, namely, those that are necessary to address the risks posed by the accused as they relate to the purposes referred to in subsection 501(3), including the safety and security of any victim of or witness to the offence;
(c) a justice or judge, as the case may be, shall not give primary consideration to the release of the accused at the earliest reasonable opportunity if the accused is one to whom subsection 515(6), 522(2) or 523(2.‍1) applies;
(d) a justice or judge shall, if they release the accused, impose the least onerous conditions that are appropriate in the circumstances, namely, those that are necessary to address the risks posed by the accused as they relate to the grounds referred to in subsection 515(10), including the protection or safety of the public; and
(e) a justice or judge shall not order that the accused be released if the detention of the accused is justified under subsection 515(10), including for the protection or safety of the public.
End of inserted block

15 Section 495.‍1 of the Act is replaced by the following:

Arrest without warrant — application of section 524

495.‍1 Despite 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 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.

16 Subsection 502(2) of the Act is replaced by the following:

Replacement or variation without consent

(2) The accused or the prosecutor may, in the absence of consent between them,

Insertion start (a) Insertion end apply to a justice for a release order Insertion start referred to in section Insertion end 515 to replace an undertaking given by the accused under paragraph 498(1)‍(c), 499(b) or 503(1.‍1)‍(b) with the order; Insertion start or Insertion end
Start of inserted block
(b) apply to a justice to vary the undertaking in respect of which the accused has been released under section 498, 499 or 503, in which case 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

If the prosecutor Insertion start makes Insertion end the Insertion start application Insertion end , the prosecutor must provide three days’ notice to the accused.

17 The portion of subsection 503(1) of the Act before paragraph (a) is replaced by the following:

Taking before justice

503 (1) Subject to the other provisions of this section, a peace officer who arrests a person with or without warrant and who has not released the person under any other provision under this Part Insertion start or under section 705.‍1 Insertion end shall, in accordance with the following paragraphs, cause the person to be taken before a justice to be dealt with according to law:

18 Subsection 507(1) of the Act is amended by striking out “and” at the end of paragraph (a) and by adding the following after paragraph (a):

Start of inserted block
(a.‍1) if a hearing is held, hold it in camera; and
End of inserted block

19 Paragraph 507.‍1(3)‍(a) of the Act is replaced by the following:

(a) has heard and considered, Insertion start ex parte and in camera Insertion end , the allegations of the informant and the evidence of witnesses;

20 (1) Subsection 508(1) of the Act is amended by adding the following after paragraph (a):

Start of inserted block
(a.‍1) if a hearing is held, hold it in camera;
End of inserted block

(2) Paragraph 508(1)‍(b) of the Act is amended by striking out “or” at the end of subparagraph (i), by striking out “and” at the end of subparagraph (ii), by adding “or” at the end of subparagraph (ii) and by adding the following after subparagraph (ii):

Start of inserted block
(iii) in the case of the undertaking, amend it to correct the time and place set out in the condition requiring the accused to attend court; and
End of inserted block

21 Section 511 of the Act is amended by adding the following after subsection (2):

Warrant — cancellation

(2.‍1) Despite subsection (2), a judge or justice having jurisdiction in the territorial division in which the warrant was issued may cancel the warrant on application by the prosecutor, with or without the appearance of the accused, if the judge or justice is satisfied that it is in the interests of justice to do so.

22 Section 512.‍3 of the Act is replaced by the following:

Warrant to appear under section 524

512.‍3 If 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 offence while being subject to any summons, appearance notice, undertaking or release order, the justice may issue a warrant for the purpose of taking Insertion start the accused Insertion end before a justice under section 524.

23 (1) Section 515 of the Act is amended by adding the following after subsection (2.‍03):

Non-application

(2.‍04) Subsection (2.‍01) does not apply to an accused to whom subsection (6) applies.

(2) Subsection 515(3) of the Act is amended by striking out “or” at the end of paragraph (a) and by adding the following after that paragraph (a):

Start of inserted block
(a.‍1) whether the accused is charged with an offence in the commission of which random and unprovoked violence was used or attempted; or
End of inserted block

(3) Subsection 515(4.‍1) of the Act is replaced by the following:

Condition prohibiting possession of firearms, etc.

(4.‍1) When Insertion start the justice makes Insertion end an order under subsection (2) in Insertion start respect Insertion end of an accused who is charged with Insertion start any of the following offences Insertion end , the justice shall add to the order a condition prohibiting the accused from possessing a firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all those things, until the accused is dealt with according to law unless the justice considers that such a condition is not required in the interests of the safety of the accused or the safety and security of a victim of the offence or of any other person:

(a) an offence in the commission of which violence against a person was used, threatened or attempted;
( Insertion start b Insertion end ) a terrorism offence;
Start of inserted block
(c) an offence that is alleged to have been committed for the benefit of, at the direction of or in association with a criminal organization;
End of inserted block
( Insertion start d Insertion end ) an offence under section 264 (criminal harassment);
Start of inserted block
(e) an offence under section 346 (extortion);
End of inserted block
( Insertion start f Insertion end ) an offence under section 423.‍1 (intimidation of a justice system participant);
( Insertion start g Insertion end ) an offence under subsection 423.‍2(1) (intimidation — health services);
( Insertion start h Insertion end ) an offence relating to the contravention of any of sections 9 to 14 of the Cannabis Act;
( Insertion start i Insertion end ) an offence relating to the contravention of any of sections 5 to 7 of the Controlled Drugs and Substances Act;
Start of inserted block
(j) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, ammunition, prohibited ammunition or an explosive substance;
End of inserted block
( Insertion start k Insertion end ) an offence under subsection 20(1), 20.‍1(1), 20.‍2(1), 20.‍3(1) or 20.‍4(1) of the Foreign Interference and Security of Information Act, or an offence under subsection 21(1) or 22(1) or section 23 of that Act that is committed in relation to an offence under subsection 20(1), 20.‍1(1), 20.‍2(1), 20.‍3(1) or 20.‍4(1) of that Act.

(4) Subsection 515(4.‍3) of the Act is amended by adding the following after paragraph (a):

Start of inserted block
(a.‍1) an offence that is alleged to have been committed for the benefit of, at the direction of or in association with a criminal organization;
End of inserted block

(5) Paragraph 515(4.‍3)‍(b) of the Act is amended by replacing “264” with “264, 346”.

(6) Section 515 of the Act is amended by adding the following after subsection (4.‍3):

Additional conditions

(4.‍4) Before making an order under subsection (2) in respect of an accused who is charged with an offence described in subsection 333.‍1(1), (3) or (4) or paragraph 348(1)‍(d), the justice shall consider whether it is desirable, in the interests of the safety and security of any person, particularly a victim of or witness to the offence or a justice system participant, to include as a condition of the order that the accused

(a) 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;
(b) abstain from having in their possession any instrument specified in the order that is suitable for the purpose of breaking into any place or motor vehicle; or
(c) return to and remain at their place of residence at the times specified in the order.
End of inserted block

(7) The portion of subsection 515(6) of the Act before paragraph (a) is replaced by the following:

Order of detention

(6) Unless the accused, having been given a reasonable opportunity to do so, shows cause why the accused’s detention in custody is not justified Insertion start by clearly demonstrating that their proposed release plan addresses the risks posed by the accused as they relate to the grounds referred to in subsection (10) Insertion end , the justice shall order, despite any provision of this section, that the accused be detained in custody until the accused is dealt with according to law, if the accused is charged

(8) Subparagraph 515(6)‍(a)‍(iv) of the English version of the Act is replaced by the following:

(iv) that is an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1), 20.‍1(1), 20.‍3(1), 20.‍4(1) or 22(1) of the Foreign Interference and Security of Information Act,

(9) Paragraph 515(6)‍(a) of the Act is amended by striking out “or” at the end of subparagraph (vii) and by adding the following after subparagraph (viii):

Start of inserted block
(ix) that is an offence under any of sections 266 to 268 and 271 to 273 in the commission of which the accused is alleged to have choked, suffocated or strangled the complainant,
(x) that is an offence under section 279.‍01 or 279.‍011,
(xi) that is an offence under subsection 333.‍1(3) or (4),
(xii) that is an offence under subsection 346 in the commission of which violence was allegedly used, threatened or attempted against any person,
(xiii) that is an offence under paragraph 348(1)‍(d), or
(xiv) that is an offence under section 117 or 118 of the Immigration and Refugee Protection Act;
End of inserted block

(10) Paragraph 515(6)‍(b.‍2) of the Act is replaced by the following:

(b.‍2) with an offence in the commission of which violence was allegedly used, threatened or attempted against a person with the use of a weapon, and the accused has been previously convicted, within Insertion start 10 Insertion end years of the day on which they were charged for that offence, of another offence in the commission of which violence was also used, threatened or attempted against any person with the use of a weapon, if the maximum term of imprisonment for each of those offences is 10 years or more;

(11) Paragraph 515(10)‍(c) of the Act is amended by striking out “and” at the end of subparagraph (iii), by adding “and” at the end of subparagraph (iv) and by adding the following after subparagraph (iv):

Start of inserted block
(v) the number or gravity of any outstanding charges against the accused that arise out of separate events.
End of inserted block

24 Section 516 of the Act is replaced by the following:

Adjournment of proceedings

516 A justice may, before or at any time during the course of any proceedings under section 515, on application by the prosecutor or the accused, adjourn the proceedings and remand the accused to custody in prison by warrant in Form 19, but no adjournment shall be for more than three clear days except with the consent of the accused.

Remand in custody — non-communication order

Insertion start 516.‍1 Insertion end Insertion start Insertion end Insertion start (1) Insertion end A justice who remands an accused to custody under subsection Insertion start 503(3) Insertion end or 515(11) Insertion start or section 516 Insertion end 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.

Duration of order

Insertion start (2) Insertion end An order made under subsection ( Insertion start 1 Insertion end ) 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.

25 (1) Subsection 520(1) of the Act is replaced by the following:

Review of order

520 (1) If a Insertion start judge Insertion end or justice makes an order under subsection 515(2), (5), (6), (7) or (12) or vacates, Insertion start varies Insertion end or makes 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.

(2) Paragraph 520(7)‍(e) of the Act is replaced by the following:

(e) if the accused shows cause, allow the application, vacate Insertion start or vary Insertion end the order previously made by the justice and make any other order provided for in section 515 that Insertion start the judge Insertion end considers is warranted.

(3) Subsection 520(8) of the Act is replaced by the following:

Limitation of further applications

(8) Insertion start If Insertion end an application under this section or section 521 Insertion start or 525 Insertion end has been heard, a further or other application under this section or section 521 shall not be made with respect to that same accused, except with leave of a judge, Insertion start before Insertion end the Insertion start expiry of Insertion end 30 days from the date of the decision of the judge who heard the previous application.

26 (1) Subsection 521(1) of the Act is replaced by the following:

Review of order

521 (1) If a Insertion start judge Insertion end or justice makes an order under subsection 515(1), (2), (7) or (12) or vacates, Insertion start varies Insertion end or makes 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.

(2) Paragraph 521(8)‍(e) of the Act is replaced by the following:

(e) if the prosecutor shows cause, allow the application, vacate Insertion start or vary Insertion end the order previously made by the justice and make any other order provided for in section 515 that Insertion start the judge Insertion end considers to be warranted.

(3) Subsection 521(9) of the Act is replaced by the following:

Limitation of further applications

(9) Insertion start If Insertion end an application under this section or section 520 Insertion start or 525 Insertion end has been heard, a further or other application under this section or section 520 shall not be made with respect to the same accused, except with leave of a judge, Insertion start before Insertion end the Insertion start expiry of Insertion end 30 days from the date of the decision of the judge who heard the previous application.

27 (1) Subsection 522(2) of the Act is replaced by the following:

Idem

(2) Where an accused is charged with an offence listed in section 469, a judge of or a judge presiding in a superior court of criminal jurisdiction for the province in which the accused is charged 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 within the meaning of subsection 515(10) Insertion start by clearly demonstrating that their proposed release plan addresses the risks posed by the accused as they relate to the grounds referred to in that subsection Insertion end .

(2) Section 522 of the Act is amended by adding the following after subsection (3):

Non-application

(3.‍1) For the purposes of subsection (3), subsection 515(2.‍01) does not apply to an accused referred to in subsection (2).

28 (1) Subsection 523(1) of the Act replaced by the following:

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

523 (1) Insertion start Subject to subsection (2) Insertion end , if an accused, in respect of an offence with which they are charged, has not been taken into custody or has been released from custody under any provision of this Part, the appearance notice, summons, undertaking or release order 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 release order was issued, given or entered into,

(a) Insertion start if Insertion end the accused is, at their trial, determined to be guilty Insertion start of an offence listed in section 469 Insertion end , until Insertion start their Insertion end trial is completed;
(b) Insertion start if Insertion end the accused is, at Insertion start their Insertion end trial, determined to be guilty of Insertion start an Insertion end offence Insertion start other than an offence listed in section 469 Insertion end , until a sentence within the meaning of section 673 is imposed on the accused; or
Insertion start (c) Insertion end in any other case, until Insertion start their Insertion end trial is completed.

(2) Paragraph 523(2)‍(a) of the Act is replaced by the following:

(a) the court, judge or justice before which or whom an accused Insertion start who is charged with an offence listed in section 469 Insertion end is being tried, at any time Insertion start until the accused’s trial is completed Insertion end ,
Start of inserted block
(a.‍1) the court, judge or justice before which or whom an accused who is charged with an offence other than an offence listed in section 469 is being tried, at any time until a sentence within the meaning of section 673 is imposed on the accused,
End of inserted block

(3) Paragraph 523(2)‍(c) of the Act is replaced by the following:

(c) with the consent of the prosecutor and the accused or, Insertion start if Insertion end the accused or the prosecutor applies to vacate Insertion start or vary Insertion end an order that would otherwise apply Insertion start under Insertion end subsection (1.‍1), without such consent,
- (i) the court, judge or justice before which or whom an accused is to be tried, at any time,
- (ii) Insertion start if Insertion end the accused is charged with an offence listed in section 469, a judge of or a judge presiding in a superior court of criminal jurisdiction for the province, Insertion start at any time until the accused’s trial is completed Insertion end , or
- (iii) Insertion start if Insertion end the accused is charged with an offence other than an offence listed in section 469, the justice by whom an order was made under this Part or any other justice, Insertion start at any time until a sentence within the meaning of section 673 is imposed on the accused Insertion end ,
may, on cause being shown, vacate Insertion start or vary Insertion end any order previously made under this Part for the interim release or detention of the accused and make any other order provided for in this Part for the detention or release of the accused that the court, judge or justice considers to be warranted.

(4) Section 523 of the Act is amended by adding the following after subsection (2):

Order of detention until sentencing — onus

(2.‍1) Despite subsection (2), if the prosecutor brings an application to vacate an order for the interim release of the accused after the accused is, at their trial, determined to be guilty of an offence other than an offence listed in section 469 and before a sentence within the meaning of section 673 is imposed on the accused, the court, judge or justice shall order that the accused be detained in custody unless the accused, having been given a reasonable opportunity to do so, shows cause why their detention in custody is not justified under subsection 515(10) by clearly demonstrating that their proposed release plan addresses the risks posed by the accused as they relate to the grounds referred to in that subsection.

Application — subsection (2)

(2.‍2) For the purposes of subsection (2), if an accused is charged with an offence listed in section 469 but is, at their trial, determined to be guilty of an offence other than an offence listed in section 469, the accused is deemed to have been charged with an offence other than an offence listed in section 469.

Non-application

(2.‍3) For the purposes of subsection (2), subsection 515(2.‍01) does not apply to an accused referred to in subsection (2.‍1).

29 (1) Paragraph 524(2)‍(b) of the Act is replaced by the following:

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

(2) Paragraph 524(3)‍(b) of the Act is replaced by the following:

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

(3) Subsections 524(4) and (5) of the Act are replaced by the following:

Detention or release order

(4) If the judge or justice cancels the summons, appearance notice, undertaking or release order, Insertion start they Insertion end shall Insertion start conduct Insertion end a Insertion start proceeding Insertion end under Insertion start section 515 Insertion end in Insertion start respect of the outstanding charges against Insertion end the accused Insertion start and Insertion end order Insertion start the release Insertion end or detention Insertion start of the accused on Insertion end cause Insertion start being shown Insertion end in Insertion start accordance with that section Insertion end .

Clarification — onus

(5) For the purposes of subsection (4), if any of the outstanding charges include charges for an offence referred to in subsection 515(6) or 522(2), the judge or justice shall order that the accused be detained in custody unless the accused, having been given a reasonable opportunity to do so, shows cause why their detention in custody is not justified under subsection 515(10) by clearly demonstrating that their proposed release plan addresses the risks posed by the accused as they relate to the grounds referred to in that subsection.

30 (1) Section 525 of the Act is amended by adding the following after subsection (4):

Clarification

(4.‍1) For greater certainty, if in conducting the hearing referred to in subsection (1) the judge conducts a proceeding under section 515, they shall order the release or detention of the accused on cause being shown in accordance with that section.

(2) Section 525 of the Act is amended by adding the following after subsection (5):

Detention order

(5.‍1) If the judge does not make a release order under subsection (5), the judge shall make an order that the accused continue to be detained. The order is deemed to be a detention order made under section 515.

Clarification — further hearing

(5.‍2) For greater certainty, after an order is made under subsection (5.‍1), no further hearing under this section shall be held unless required by the judge under paragraph (4)‍(b).

31 The portion of subsection 527(5) of the English version of the Act before paragraph (a) is replaced by the following:

Detention in other cases

(5) Insertion start If Insertion end the appearance of a prisoner is required for the purposes of Insertion start subsection Insertion end (1), the judge or provincial court judge shall give appropriate directions in the order with respect to the manner in which the prisoner is

32 Paragraph (h.‍1) of the definition judge in section 552 of the Act is replaced by the following:

(h.‍1) in the Province of Newfoundland and Labrador, a judge of the Supreme Court,

33 Subparagraph 561(1)‍(b)‍(ii) of the French version of the Act is replaced by the following:

(ii) tout mode de procès avec le consentement Insertion start écrit Insertion end du poursuivant.

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

Remote appearance

(13) If the accused so agrees, the court or the chairperson of the Review Board may permit the accused to appear by videoconference for any part of the hearing.

Remote appearance — compelling circumstances

(13.‍01) Despite subsection (13), the court or Review Board may order their appearance by audioconference or videoconference if the court or Review Board determines that compelling circumstances exist to do so.

Audioconference only

(13.‍02) The court or Review Board may allow the accused to appear by audioconference only if it is satisfied that

(a) videoconferencing is not readily available; and
(b) the appearance by audioconference would permit the court or Review Board to conduct the proceedings effectively despite not seeing the accused.
End of inserted block

Factors

(13.‍03) When deciding whether to make an order under subsection (13.‍01), the court or Review Board must take into account the following factors:

(a) the accused’s right to a review of their disposition;
(b) the location and personal circumstances of the accused, including any potential adverse effects of an audioconference or videoconference on the accused’s mental condition;
(c) the suitability of the available technology and the location from where the parties will participate in the hearing;
(d) the accused’s opportunity to communicate privately with legal counsel, if they are represented, or to have access to legal advice during the hearing;
(e) the subject matter and the anticipated complexity of the hearing; and
(f) any other factor that the court or Review Board considers relevant.
End of inserted block

Written reasons

(13.‍04) If the court or Review Board decides to make the order, it must provide reasons in writing.

35 Section 705 of the Act is amended by adding the following after subsection (3):

Witness — warrant endorsement

(4) A court, judge, justice or provincial court judge that issues a warrant under this section may, by making an endorsement on the warrant in Form 29.‍1, authorize the release of the person referred to in the warrant, on an undertaking with conditions.

Conditions — undertaking

(5) The court, judge, justice or provincial court judge that endorses the warrant must include any conditions of the undertaking that the court, judge, justice or provincial court judge considers necessary to ensure that the person will appear and give evidence in the proceeding.

Apply to vary undertaking

(6) The person referred to in subsections (1) or (2) may apply to the court, judge, justice or provincial court judge to vary the undertaking in respect of which they have been released.

Deeming

(7) An undertaking that is varied under subsection (6) is deemed to be an undertaking given under section 705.‍1.

36 The Act is amended by adding the following after section 705:

Release — undertaking

705.‍1 (1) If a person has been arrested by a peace officer under a warrant issued under subsection 705(1) or (2) and the warrant has been endorsed under subsection 705(4), a peace officer may release the person if they give an undertaking in Form 10.‍1.

Information required

(2) The undertaking must set out

(a) the name, date of birth and contact information of the person; and
(b) information about the proceeding in which the person was served a subpoena or bound by a recognizance, to attend to give evidence.
End of inserted block

Mandatory conditions

(3) The undertaking must include a condition that the person attend court at the time and place stated in the undertaking and to attend afterwards as required by the court.

Other conditions

(4) The undertaking must include any condition that is imposed by the court, judge, justice or provincial court judge under subsection 705(5) and set out in the endorsement made in Form 29.‍1.

Signature — witness

(5) The person referred to in subsection 705(1) or (2) 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.

Lack of signature — refusal or failure

(6) If the person fails or refuses to sign, the lack of the person’s signature does not invalidate the undertaking.

Conditions in effect

(7) The conditions with respect to the undertaking remain in effect until they are cancelled or changed or until the person appears and remains in attendance at the proceeding as required by the mandatory condition.

37 Subsection 708(2) of the Act is replaced by the following:

Punishment

(2) A court, judge, justice or provincial court judge may deal summarily with a person who is guilty of contempt of court under this section and that person is liable to a fine not exceeding Insertion start $5,000 Insertion end or to imprisonment for a term not exceeding Insertion start two years less a day Insertion end , or to both, and may be ordered to pay the costs that are incident to the service of any process under this Part and to Insertion start that person’s Insertion end detention, if any.

38 The Act is amended by adding the following after section 718.‍04:

Objectives — offence of motor vehicle theft when violence used

718.‍05 If a court imposes a sentence for a second or subsequent offence under subsection 333.‍1(3), it shall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence.

Objectives — offence of breaking and entering

718.‍06 If a court imposes a sentence for a second or subsequent offence under section 348, it shall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence.

Objectives — offence for the benefit of a criminal organization

718.‍07 If a court imposes a sentence for an offence that is committed for the benefit of, at the direction of or in association with a criminal organization, it shall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence.

39 (1) Subparagraph 718.‍2(a)‍(iii.‍2) of the Act is replaced by the following:

(iii.‍2) evidence that the offence was committed against a person who, in the performance of their duties and functions, was providing health services, including personal care services, Insertion start or was providing services as a first responder Insertion end ,

(2) Paragraph 718.‍2(a) of the Act is amended by striking out “and” at the end of subparagraph (vi), by adding “and” at the end of subparagraph (vii) and by adding the following after subparagraph (vii):

Start of inserted block
(viii) evidence that the offence was committed with the use of violence, threats or attempts of violence against another person and that the offender has been convicted, within the previous five years, of one or more such offences,
End of inserted block

40 Paragraph 718.‍3(4)‍(b) of the Act is amended by striking out “or” at the end of subparagraph (ii), by adding “or” at the end of subparagraph (iii) and by adding the following after subparagraph (iii):

Start of inserted block
(iv) one of the offences was committed with the use of violence, threats or attempts of violence against another person and the accused has been convicted, within the previous five years, of one or more such offences.
End of inserted block

41 Section 734.‍5 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 adding the following after paragraph (b):

Start of inserted block
(c) where the proceeds of the fine belong to His Majesty in right of Canada by virtue of subsection 734.‍4(2), the person responsible, by or under an Act of the legislature of a province, for issuing, renewing or suspending a licence, permit or other similar instrument in relation to the offender may refuse to issue or renew or may suspend the licence, permit or other instrument until the fine is paid in full, proof of which lies on the offender.
End of inserted block

42 The Act is amended by adding the following after section 734.‍5:

Compensation agreements

734.‍51 (1) The Attorney General of Canada may enter into an agreement with the government of a province or with any provincial, municipal or local authority

(a) respecting the sharing with that province or authority of the amounts in respect of fines that are collected in respect of the prosecution of offences commenced under this Act or any other Act of Parliament, for the purpose of providing for compensation by Canada to that province or authority, in whole or in part, for the administration and enforcement of this Act or any other Act of Parliament; and
(b) despite subsections 17(1) and (4) of the Financial Administration Act, authorizing the government of the province or the authority to withhold amounts, in accordance with the terms and conditions of the agreement, from the fines referred to in paragraph (a) to be remitted to the Receiver General and deposited in the Consolidated Revenue Fund.
End of inserted block

Appropriation by Parliament

(2) All or a portion of the amount of fines referred to in paragraph (1)‍(a) that are to be shared under an agreement are deemed to be appropriated by Parliament for that purpose.

43 (1) Paragraph 742.‍1(c) of the Act is amended by striking out “or” at the end of subparagraph (ii) and by adding the following after subparagraph (ii):

Start of inserted block
(ii.‍1) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm),
(ii.‍2) section 273 (aggravated sexual assault), or
End of inserted block

(2) Section 742.‍1 of the Act is amended by striking out “and” at the end of subparagraph (c)‍(iii) and by adding the following after paragraph (c):

Start of inserted block
(c.‍1) the offence is not an offence, prosecuted by way of indictment, under any of the following provisions:
- (i) section 153.‍1 (sexual exploitation of person with disability), or
- (ii) section 271 (sexual assault);
(c.‍2) the offence is not an offence, prosecuted by way of indictment, of a sexual nature, or committed for a sexual purpose, that involves a victim under 18 years of age; and
End of inserted block

44 (1) Paragraph 745.‍6(3)‍(c) of the Act is repealed.

(2) Paragraph 745.‍6(3)‍(e) of the Act is replaced by the following:

(e) in relation to the Provinces of Nova Scotia, British Columbia, Prince Edward Island and Insertion start Newfoundland and Labrador Insertion end , the Chief Justice of the Supreme Court; and

45 (1) Paragraph 812(1)‍(c) of the Act is replaced by the following:

(c) in the Provinces of Nova Scotia, British Columbia, Prince Edward Island and Insertion start Newfoundland and Labrador Insertion end , the Supreme Court;

(2) Paragraph 812(1)‍(g) of the Act is repealed.

46 The reference to “The Trial Division of the Supreme Court” in column II of the schedule to Part XXV of the Act, opposite “Newfoundland and Labrador” in column I, is replaced by a reference to “The Supreme Court”.

47 The paragraph of Form 6 of Part XXVIII of the Act that begins with “If you do not comply” and ends with “(Subsection 524(4) of the Criminal Code).‍” is replaced by the following:

If you do not comply with this summons or are charged with committing an offence after it has been issued to you, this summons may be cancelled and, as a result, you may be detained in custody (subsection 524(4) of the Criminal Code).

48 The paragraph of Form 6.‍2 of Part XXVIII of the Act that begins with “If you are on interim release” and ends with “(section 524 of the Criminal Code).‍” is replaced by the following:

If you are on interim release and do not comply with this summons or are charged with committing an offence after it has been issued to you, any summons, appearance notice, undertaking or release order to which you are subject may be cancelled and, as a result, you may be detained in custody (section 524 of the Criminal Code).

49 Paragraph (e) of Form 8 of Part XXVIII of the Act is replaced by the following:

□ (e) there are reasonable grounds to believe that the accused has committed an offence after having become subject to the (summons or appearance notice or undertaking or release order) and the detention of the accused in custody is justified [515(10), 524(3) and (4)];

50 The paragraph of section 6 of Form 9 of Part XXVIII of the Act that begins with “If you do not comply” and ends with “(subsection 524(4) of the Criminal Code).‍” is replaced by the following:

If you do not comply with this appearance notice or are charged with committing an offence after you have been released, this appearance notice may be cancelled and, as a result, you may be detained in custody (subsection 524(4) of the Criminal Code).

51 (1) Section 7 of Form 10 of Part XXVIII of the Act is replaced by the following:

7 Insertion start Variation and Replacement Insertion end

The conditions of this undertaking may be varied with the written consent of the prosecutor and yourself. In addition, you or the prosecutor may apply to a justice of the peace to replace this undertaking with a release order under section 515 of the Criminal Code. Insertion start Finally, you or the prosecutor may apply to a justice of the peace to vary this undertaking. Insertion end

(2) The paragraph of section 9 of Form 10 of Part XXVIII of the Act that begins with “If you do not comply” and ends with “(subsection 524(4) of the Criminal Code).‍” is replaced by the following:

If you do not comply with this undertaking or are charged with committing an offence after you have been released, this undertaking may be cancelled and, as a result, you may be detained in custody (subsection 524(4) of the Criminal Code).

52 Part XXVIII of the Act is amended by adding the following after Form 10:

FORM 10.‍1

(Subsection 705(4))

Undertaking — Witness

Canada,

Province of ,

(territorial division).

1 Insertion start Identification Insertion end

Surname: Given name(s):

Date of Birth:

2 Insertion start Contact Information Insertion end

3 Insertion start Proceeding in which you were served a subpoena or bound by a recognizance, to attend to give evidence Insertion end

Whereas A.‍B. has been charged that (state offence as in the information), and it has been made to appear that you are likely to give material evidence and/or bring with you anything in your possession or under your control that relates to the said charge.

4 Insertion start Mandatory Condition Insertion end

You must attend court as indicated below, and afterwards as required by the court:

Date:

Time:

Court number:

Court address:

5 Insertion start Conditions determined by the court, judge, justice or provincial court judge Insertion end

You must also comply with the following conditions (reproduce the conditions determined by the court, justice or provincial court judge as set out in Form 29.‍1):

6 Insertion start Conditions in effect Insertion end

The mandatory condition and the conditions determined by the court, judge, justice or provincial court judge on this undertaking remain in effect until they are cancelled or changed or until you appear and remain in attendance at the proceeding as required by the mandatory condition (section 763 of the Criminal Code).

7 Insertion start Variation Insertion end

The conditions of this undertaking may be varied by application to the court, judge, justice or provincial court judge.

8 Insertion start Consequence for non-compliance Insertion end

You are warned that, unless you have a lawful excuse, you commit an offence under section 145 of the Criminal Code if you fail to follow any of the conditions set out in this undertaking, including

(a) if you fail to attend court as required; or

(b) if you fail to comply with the conditions determined by the court, judge, justice or provincial court judge.

If you commit an offence under section 145 of the Criminal Code, a warrant for your arrest may be issued (section 512 or 512.‍2 of the Criminal Code) and you may be liable to a fine or to imprisonment, or to both.

9 Insertion start Signatures Insertion end

WITNESS:

I understand the contents of this undertaking and agree to comply with the mandatory condition and the conditions determined by the court, judge, justice or provincial court judge.

I understand that I do not have to accept the conditions and that, if I do not accept the conditions, I will be brought before a court, judge, provincial court judge or justice under sections 705 and 706 of the Criminal Code.

Signed on (date) , at (place) .

(Signature of witness)

PEACE OFFICER:

Signed on (date) , at (place)

(Signature of peace officer)

(Name of the peace officer)

53 The paragraph of item 8 of Form 11 of Part XXVIII of the Act that begins with “If you do not comply” and ends with “(subsection 524(4) of the Criminal Code).‍” is replaced by the following:

If you do not comply with this release order or are charged with committing an offence after you have been released, this release order may be cancelled and, as a result, you may be detained in custody (subsection 524(4) of the Criminal Code).

54 Form 12 of Part XXVIII of the Act is amended by adding the following after section 7:

7.‍1 Insertion start Financial Information Insertion end

Annual Income .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.

Assests (nature and value) .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.

Other .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.

55 Part XXVIII of the Act is amended by adding the following after Form 29:

FORM 29.‍1

(Subsection 705(4))

Endorsement of Witness — Warrant

Canada,

Province of ,

(territorial division).

Whereas this warrant is issued under subsection 705(1) or (2) of the Criminal Code in respect of a witness who has been served with a subpoena to give evidence in a proceeding or who has been bound by a recognizance to attend and give evidence in a proceeding, I authorize the release of that person under subsections 705(4) and (5) of that Act.

This endorsement is subject to the following conditions: (specify conditions).

Dated (date) , at (place)

(Signature of judge, justice or provincial court judge)

Transitional Provisions

Words and expressions

56 Unless the context requires otherwise, words and expressions used in sections 57 and 58 have the same meaning as in the Criminal Code.

Outstanding fines

57 The provisions of the Criminal Code, as enacted by sections 41 and 42, apply to the proceeds of a fine that is unpaid on the day on which those sections come into force.

Clarification — certain offences

58 (1) For greater certainty, the provisions of the Criminal Code, as enacted by sections 8, 9, 11, 37 and 43, apply only with respect to an offence that is committed on or after the day on which those sections come into force.

Clarification — Parts XVI and XXVIII

(2) For greater certainty, the amendments to Parts XVI and XXVIII of the Criminal Code made by this Act apply with respect to any matter or proceeding under that Part XVI that is ongoing on the day on which section 12 comes into force.

Clarification — Application

(3) For greater certainty, the provisions of the Criminal Code, as enacted by sections 10, 34 to 36 and 38 to 40, also apply with respect to any matter or proceeding that is ongoing on the day on which those sections come into force.

2002, c. 1

Youth Criminal Justice Act

Amendments to the Act

59 Paragraph (a) of the definition violent offence in subsection 2(1) of the Youth Criminal Justice Act is replaced by the following:

(a) an offence Insertion start in the commission of which Insertion end a young person Insertion start causes Insertion end bodily harm;

60 Section 9 of the Act is replaced by the following:

Evidence of measures is inadmissible

9 Evidence that a young person has received a warning, caution or referral mentioned in section 6, 7 or 8 or that a police officer has taken no further action in respect of an offence, and evidence of the offence, is inadmissible for the purpose of proving prior offending behaviour in any proceedings before a court in respect of the young person.

61 (1) Subsection 17(1) of the Act is replaced by the following:

Youth justice court may make rules

17 (1) The youth justice court for a province may, for the purpose of regulating proceedings within its jurisdiction, establish rules of court not inconsistent with this Act or any other Act of Parliament or with any regulations made under section 155.

(2) Subsection 17(3) of the Act is replaced by the following:

Publication of rules

(3) Rules of court that are made under the authority of this section Insertion start must Insertion end be published Insertion start or otherwise made available to the public Insertion end .

62 The portion of subsection 29(1) of the Act before paragraph (a) is replaced by the following:

Release order with conditions

29 (1) A youth justice court judge or a justice may impose a condition set out in subsections 515(4) to Insertion start (4.‍4) Insertion end of the Criminal Code in respect of a release order only if they are satisfied that

63 Paragraph 42(13)‍(b) of the Act is replaced by the following:

(b) is found guilty of more than one offence Insertion start for each of which a sentence referred to in Insertion end any of those paragraphs Insertion start is imposed Insertion end .

64 The Act is amended by adding the following after section 49:

Reasons — credit for time in detention

49.‍1 (1) The youth justice court shall give reasons for any credit granted for the time spent in detention by the young person as a result of the offence and shall cause those reasons to be stated in the record of the case.

Record of proceedings

(2) The youth justice court shall cause to be stated in the record of the case and on the warrant of committal the offence, the amount of time spent in detention, the term of the custody and supervision order that would have been imposed before any credit was granted, the amount of time credited, if any, and the sentence imposed.

Validity not affected

(3) Failure to comply with subsection (1) or (2) does not affect the validity of the sentence imposed by the court.

65 Subsection 56(5) 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 adding the following after paragraph (b):

Start of inserted block
(c) if a young person is subject to a deferred custody and supervision order, at the end of the period set out in that order.
End of inserted block

66 Subsection 57(1) of the Act is replaced by the following:

Transfer of youth sentence

57 (1) When a youth sentence has been imposed under any of paragraphs 42(2)‍( Insertion start c Insertion end ) to (i), (k), (l) or (s) in respect of a young person and the young person or a parent with whom the young person resides is or becomes a resident of a territorial division outside the jurisdiction of the youth justice court that imposed the youth sentence, whether in the same or in another province, a youth justice court judge in the territorial division in which the youth sentence was imposed may, on the application of the Attorney General or on the application of the young person or the young person’s parent, with the consent of the Attorney General, transfer to a youth justice court in another territorial division the youth sentence and any portion of the record of the case that is appropriate. All subsequent proceedings relating to the case shall then be carried out and enforced by that court.

67 Subsection 58(1) of the Act is replaced by the following:

Interprovincial arrangements

58 (1) When a youth sentence has been imposed under any of paragraphs 42(2) Insertion start (c) and Insertion end (k) to Insertion start (s) Insertion end in respect of a young person, the youth sentence in one province may be dealt with in any other province in accordance with any agreement that may have been made between those provinces.

68 The Act is amended by adding the following after section 108:

Applicable provisions — detention and release

108.‍1 (1) If the case of a young person is referred to the youth justice court under section 108 for a review under section 103 or 109 and the young person is remanded to custody under section 102 or 106, sections 28 to 31 apply, with any necessary modifications, to an application for their release from custody until the completion of the review by the youth justice court.

Reference

(2) For the purposes of subsection (1), any reference in section 29 to a young person charged with a serious offence is to be read as a reference to a young person who has breached or is about to breach a condition referred to in section 102 or 106, as the case may be.

Continuation of sentence

(3) Despite the suspension of their conditional supervision and subject to section 107, the young person continues to serve their sentence until the review is completed by the youth justice court.

Conditions continue to apply

(4) During the suspension of their conditional supervision, any conditions imposed to which the young person is subject continues to apply, in addition to any conditions that may be imposed on them, in respect of a release order, until the completion of the review by the youth justice court.

Notice to Attorney General

(5) The provincial director shall, without delay, give notice to the Attorney General of an application in respect of the release from custody of a young person referred to in subsection (1).

69 The Act is amended by adding the following after section 109:

Time not counted

109.‍1 The time spent by a young person who is unlawfully at large while subject to a youth sentence does not count as part of any term of a custody and supervision order.

70 Section 110 of the Act is amended by adding the following after subsection (4):

Publication — urgent situation

(4.‍1) A police officer may publish information that identifies a young person without a court order referred to in subsection (4) if the police officer has reasonable grounds to believe that

(a) the young person has committed or is likely to commit an indictable offence; and
(b) the urgency of the situation is such that the immediate publication is necessary for the following reasons:
- (i) the young person is an imminent danger to the public and the publication could aid in the prevention of serious bodily harm or death,
- (ii) the publication is necessary to assist in apprehending the young person, and
- (iii) the court order could not, with reasonable diligence, be obtained.
  End of inserted block

Publication — more than 24 hours

(4.‍2) The court order must be obtained if the publication is required for more than 24 hours after it has been made.

71 Section 115 of the Act is amended by adding the following after subsection (1.‍1):

For greater certainty

(1.‍2) For greater certainty, the police force may keep a record of an investigation in respect of an offence alleged to have been committed by a young person even if the investigation did not result in a charge or extrajudicial measures were not used to deal with that young person.

72 (1) Subsection 119(2) of the Act is amended by adding the following after paragraph (a):

Start of inserted block
(a.‍1) if an extrajudicial measure, other than an extrajudicial sanction, is used to deal with the young person, the period ending two years from the day on which the decision to use the extrajudicial measure is made;
(a.‍2) if the young person is the subject of an investigation referred to in subsection 115(1.‍2), two years from the day on which the young person ceases to be the subject of the investigation;
End of inserted block

(2) Section 119 of the Act is amended by adding the following after subsection (4):

Records — certain investigations

(4.‍1) Access to a record kept in respect of an investigation referred to in subsection 115(1.‍2) is to be given only to the following persons for the following purposes:

(a) a peace officer or the Attorney General, in order to make a decision under this Act in respect of the young person to whom the investigation relates; and
(b) a peace officer, for the purpose of investigating an offence.
End of inserted block

Evidence of investigation — inadmissible

(4.‍2) Evidence that forms a part of a police investigation referred to in subsection 115(1.‍2) in respect of a young person is inadmissible for the purpose of proving prior offending behaviour in any proceedings before a court in respect of the young person.

73 Section 124 of the Act is replaced by the following:

Access to record by young person

124 Insertion start Despite any other provision of this Act Insertion end , a young person to whom a record relates and Insertion start their Insertion end counsel may have access to the record at any time.

74 Section 156 of the Act is replaced by the following:

Agreements with provinces

156 Insertion start The Minister of Justice Insertion end may enter into an agreement with the government of any province providing for payments by Canada to the province in respect of costs incurred by the province or a municipality in the province for care of and services provided to young persons dealt with under this Act.

Transitional Provisions

Definition of Act

75 (1) In this section and sections 76 to 78, Act means the Youth Criminal Justice Act.

Words and expressions

(2) Unless the context requires otherwise, words and expressions used in sections 76 to 78 have the same meaning as in the Act.

Pending requests — records relating to extrajudicial measures

76 (1) Paragraph 119(2)‍(a.‍1) of the Act, as enacted by subsection 72(1), applies in respect of requests for access to records relating to extrajudicial measures, other than extrajudicial sanctions, that have been made before the day on which that subsection 72(1) comes into force but for which access was not yet given before that day.

For greater certainty — records relating to extrajudicial measures

(2) For greater certainty, paragraph 119(2)‍(a.‍1) of the Act, as enacted by subsection 72(1), applies in respect of records relating to extrajudicial measures, other than extrajudicial sanctions, that were created before the day on which that subsection 72(1) comes into force and in respect of which a request for access is made on or after the day on which subsection 72(1) comes into force.

Pending request — records relating to investigations

77 (1) Paragraph 119(2)‍(a.‍2) and subsections 119(4.‍1) and (4.‍2) of the Act, as enacted by subsections 72(1) and (2), apply in respect of requests for access to records relating to an investigation referred to in subsection 115(1.‍2) of the Act, as enacted by section 71, that have been made before the day on which those subsections 72(1) and (2) come into force but for which access was not yet given before that day.

For greater certainty — records relating to investigations

(2) For greater certainty, paragraph 119(2)‍(a.‍2) and subsections 119(4.‍1) and (4.‍2) of the Act, as enacted by subsections 72(1) and (2), apply in respect of records relating to an investigation referred to in subsection 115(1.‍2) of the Act, as enacted by section 71, that were created before the day on which those subsections 72(1) and (2) come into force and in respect of which a request for access is made on or after the day on which subsections 72(1) and (2) come into force.

Clarification — certain offences

78 (1) For greater certainty, the provisions of the Act, as enacted by sections 59, 63 to 67 and 69, apply only with respect to an offence that is committed on or after the day on which those sections come into force.

Clarification — application

(2) For greater certainty, the provisions of the Act, as enacted by sections 60 to 62, 68, 70, 71, 73 and 74, also apply with respect to any matter or proceeding that is ongoing on the day on which those sections come into force.

R.‍S.‍, c. N-5

National Defence Act

Amendments to the Act

79 Paragraph 203.‍3(a) of the National Defence Act is amended by adding the following after subparagraph (iv):

Start of inserted block
(iv.‍1) the offence was committed against a person who, in the performance of their duties and functions, was providing services as a first responder,
(iv.‍2) the offence was committed with the use of violence, threats or attempts of violence against another person and the offender has been convicted, within the previous five years, of one or more such offences,
(iv.‍3) in the case of an offence under section 114 or 115, it was committed with intent to sell or barter the stolen property or to fraudulently return it to a retail merchant,
(iv.‍4) in the case of an offence under any of sections 113 to 116, the offence interfered with the access to or functioning of an essential infrastructure, as defined in subsection 52.‍1(2) of the Criminal Code, or caused it to be unsafe or unfit for use,
End of inserted block

80 The Act is amended by adding the following after section 203.‍4:

Objectives — offence for the benefit of a criminal organization

203.‍41 When a court martial imposes a sentence for an offence that is committed for the benefit of, at the direction of, or in association with, a criminal organization, the court martial shall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence.

81 The portion of section 302 of the Act before paragraph (a) is replaced by the following:

Offences of contempt

302 Every person is guilty of an offence and liable, on summary conviction, to a fine of not more than Insertion start $5,000 Insertion end or to imprisonment for Insertion start less than two years Insertion end , or to both, Insertion start if Insertion end the person

Transitional Provision

Clarification — certain offences

82 For greater certainty, the provisions of the National Defence Act, as enacted by sections 79 to 81, apply only with respect to an offence that is committed on or after the day on which those sections come into force.

Coordinating Amendments

Bill C-9

83 (1) Subsections (2) to (6) apply if Bill C-9, introduced in the 1st session of the 45th Parliament and entitled the Combatting Hate Act (in this section referred to as the “other Act”), receives royal assent.

(2) If subsection 9(1) of the other Act comes into force before subsection 23(3) of this Act, then that subsection 23(3) is amended by replacing the paragraphs 515(4.‍1)‍(h) to (k) that it enacts with the following:

(h) an offence under subsection 423.‍3(1) (intimidation — building used for religious worship, etc.‍);
(i) an offence relating to the contravention of any of sections 9 to 14 of the Cannabis Act;
(j) an offence relating to the contravention of any of sections 5 to 7 of the Controlled Drugs and Substances Act;
(k) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, ammunition, prohibited ammunition or an explosive substance;
(l) an offence under subsection 20(1), 20.‍1(1), 20.‍2(1), 20.‍3(1) or 20.‍4(1) of the Foreign Interference and Security of Information Act, or an offence under subsection 21(1) or 22(1) or section 23 of that Act that is committed in relation to an offence under subsection 20(1), 20.‍1(1), 20.‍2(1), 20.‍3(1) or 20.‍4(1) of that Act.

(3) If subsection 23(3) of this Act comes into force before subsection 9(1) of the other Act, then that subsection 9(1) is replaced by the following:

9 (1) Subsection 515(4.‍1) of the Act is amended by adding the following after paragraph (g):

(g.‍1) an offence under subsection 423.‍3(1) (intimidation — building used for religious worship, etc.‍);

(4) If subsection 9(1) of the other Act and subsection 23(3) of this Act come into force on the same day, then that subsection 9(1) is deemed to have come into force before that subsection 23(3) and subsection (2) applies as a consequence.

(5) If subsection 23(5) of this Act comes into force before subsection 9(2) of the other Act, then that subsection 9(2) is amended by replacing the paragraph 515(4.‍3)‍(b) that it enacts with the following:

(b) an offence described in section 264, 346 or 423.‍1 or subsection 423.‍2(1) or 423.‍3(1);

(6) If subsection 9(2) of the other Act and subsection 23(5) of this Act come into force on the same day, then that subsection 9(2) is deemed to have come into force before that subsection 23(5).

Coming into Force

30th day after royal assent

84 Sections 2 to 55, 59 to 74 and 79 to 81 come into force on the 30th day after the day on which this Act receives royal assent.

Published under authority of the Speaker of the House of Commons