Skip to main content

Bill C-17

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

PDF

CONDITIONAL AMENDMENTS

Conditional amendment

140. If a bill, introduced in the second session of the thirty-fifth Parliament and entitled An Act respecting the control of certain drugs, their precursors and other substances and to amend certain other Acts and repeal the Narcotic Control Act in consequence thereof, is assented to, then,

    (a) on the later of the coming into force of section 1 of that Act and of this paragraph, subsection 462.341(1) of the Criminal Code, as enacted by section 32 of this Act, is replaced by the following:

Application of property restitution provisions

462.341 (1) Subsection 462.34(2), paragraph 462.34(4)(c) and subsections 462.34(5), (5.1) and (5.2) apply, with such modifications as the circumstances require, in respect of a person who has an interest in money or banknotes that are seized under this Act or the Controlled Drugs and Substances Act and in respect of which proceedings may be taken under subsection 462.37(1) or 462.38(2).

    (b) on the later of the coming into force of section 8 of that Act and of this paragraph, section 8 of that Act is amended by adding the following after subsection (2):

Exception

(3) A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under this section by reason only that the peace officer or person possesses property or the proceeds of property mentioned in subsection (1) for the purposes of an investigation or otherwise in the execution of the peace officer's duties.

    (c) on the later of the coming into force of section 9 of that Act and of this paragraph,

      (i) the portion of subsection 9(1) of that Act before paragraph (a) is replaced by the following:

Laundering proceeds of certain offences

9. (1) No person shall use, transfer the possession of, send or deliver to any person or place, transport, transmit, alter, dispose of or otherwise deal with, in any manner and by any means, any property or any proceeds of any property with intent to conceal or convert that property or those proceeds and knowing or believing that all or a part of that property or of those proceeds was obtained or derived directly or indirectly as a result of

      (ii) section 9 of that Act is amended by adding the following after subsection (2):

Exception

(3) A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under this section by reason only that the peace officer or person possesses property or the proceeds of property mentioned in subsection (1) for the purposes of an investigation or otherwise in the execution of the peace officer's duties.

    (d) on the later of the coming into force of section 70 of that Act and of this paragraph,

      (i) paragraph 462.34(6)(b) of the Criminal Code, as enacted by subsection 31(3) of this Act, is replaced by the following:

    (b) in any other case, that the applicant is the lawful owner of or lawfully entitled to possession of the property and appears innocent of any complicity in an enterprise crime offence or designated substance offence or of any collusion in relation to such an offence, and that no other person appears to be the lawful owner of or lawfully entitled to possession of the property,

      (ii) paragraph 462.41(3)(a) of the Criminal Code, as enacted by section 37 of this Act, is replaced by the following:

    (a) a person who is charged with, or was convicted of, an enterprise crime offence or a designated substance offence, or

      (iii) paragraph 462.42(1)(a) of the Criminal Code, as enacted by subsection 38(1) of this Act, is replaced by the following:

    (a) a person who is charged with, or was convicted of, an enterprise crime offence or a designated substance offence that was committed in relation to the property forfeited, or

1995, c. 22

141. If 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, comes into force, then,

    (a) on the later of the coming into force of that section and of this paragraph, subsection 261(1) of the Criminal Code, as enacted by section 12 of this Act, is replaced by the following:

Stay of order pending appeal

261. (1) Where an appeal is taken against a conviction or discharge under section 730 for an offence committed under any of sections 220, 221, 236, 249 to 255 and 259, a judge of the court being appealed to may direct that any order under subsection 259(1) or (2) arising out of the conviction or discharge shall, on such conditions as the judge or court may impose, be stayed pending the final disposition of the appeal or until otherwise ordered by that court.

    (b) on the later of the coming into force of that section and of this paragraph, paragraph 683(5)(e) of the Criminal Code, as enacted by subsection 97(2) of this Act, is replaced by the following:

    (e) the conditions prescribed in a probation order under subsections 732.1(2) and (3)

    (c) on the later of the coming into force of that section and of this paragraph, subsection 718.3(4) of the Criminal Code is replaced by the following:

Cumulative punishments

(4) Where an accused

    (a) is sentenced while under sentence for an offence, and a term of imprisonment, whether in default of payment of a fine or otherwise, is imposed,

    (b) is convicted of an offence punishable with both a fine and imprisonment and both are imposed, or

    (c) is convicted of more offences than one, and

      (i) more than one fine is imposed,

      (ii) terms of imprisonment for the respective offences are imposed, or

      (iii) a term of imprisonment is imposed in respect of one offence and a fine is imposed in respect of another offence,

the court that sentences the accused may direct that the terms of imprisonment that are imposed by the court or result from the operation of subsection 734(4) shall be served consecutively.

    (d) on the later of the coming into force of that section and of this paragraph, subsection 730(1) of the Criminal Code is replaced by the following:

Conditional and absolute discharge

730. (1) Where an accused, other than a corporation, pleads guilty to or is found guilty of an offence, other than an offence for which a minimum punishment is prescribed by law or an offence punishable by imprisonment for fourteen years or for life, the court before which the accused appears may, if it considers it to be in the best interests of the accused and not contrary to the public interest, instead of convicting the accused, by order direct that the accused be discharged absolutely or on the conditions prescribed in a probation order made under subsection 731(2).

COMING INTO FORCE

Coming into force

142. This Act or any of its provisions or any provision of any Act enacted by this Act shall come into force on a day or days to be fixed by order of the Governor in Council.

Previous Page Table of Contents