An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts (S.C. 2001, c. 32)

Assented to 2001-12-18

An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts

S.C. 2001, c. 32

Assented to 2001-12-18

An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts

SUMMARY

The enactment amends the Criminal Code by

  • (a) providing additional protection to members of the Senate and the House of Commons and persons who play a role in the administration of criminal justice from certain acts of intimidation directed against them or their families;

  • (b) providing law enforcement officers and other persons acting at their direction with circumscribed protection from criminal liability for certain otherwise illegal acts committed in the course of an investigation or enforcement of an Act of Parliament;

  • (c) extending the application of its proceeds of crime provisions to indictable offences under the Criminal Code and other Acts of Parliament, with a few exceptions;

  • (d) extending the application of its provisions relating to offence-related property to indictable offences under the Criminal Code;

  • (e) providing for the management, by judicial order, of proceeds of crime and offence-related property, whether seized or restrained; and

  • (f) providing broader measures for investigation and prosecution in connection with organized crime by expanding the concepts of criminal organization and criminal organization offence and by creating three new offences relating to participation in the activities — legal and illegal — of criminal organizations, and to the actions of their leaders.

The enactment also amends the Mutual Legal Assistance in Criminal Matters Act to allow the enforcement in Canada of search warrants, restraint orders and orders of forfeiture from foreign jurisdictions.

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

R.S., c. C-46CRIMINAL CODE

Marginal note:1997, c. 23, s. 1
  •  (1) The definitions “acte de gangstérisme” and “gang” in section 2 of the French version of the Criminal Code are repealed.

  • Marginal note:1997, c. 23, s. 1

    (2) The definition “offence-related property” in section 2 of the Act is replaced by the following:

    “offence-related property”

    « bien infractionnel »

    “offence-related property” means any property, within or outside Canada,

    • (a) by means or in respect of which an indictable offence under this Act is committed,

    • (b) that is used in any manner in connection with the commission of an indictable offence under this Act, or

    • (c) that is intended for use for the purpose of committing an indictable offence under this Act;

  • Marginal note:1997, c. 23, s. 1

    (3) The definition “criminal organization” in section 2 of the English version of the Act is replaced by the following:

    “criminal organization”

    « organisation criminelle »

    “criminal organization” has the same meaning as in subsection 467.1(1);

  • Marginal note:1997, c. 23, s. 1

    (4) Paragraph (a) of the definition “criminal organization offence” in section 2 of the English version of the Act is replaced by the following:

    • (a) an offence under section 467.11, 467.12 or 467.13, or a serious offence committed for the benefit of, at the direction of, or in association with, a criminal organization, or

  • (5) Section 2 of the Act is amended by adding the following in alphabetical order:

    “justice system participant”

    « personne associée au système judiciaire »

    “justice system participant” means

    • (a) a member of the Senate, of the House of Commons, of a legislative assembly or of a municipal council, and

    • (b) a person who plays a role in the administration of criminal justice, including

      • (i) the Solicitor General of Canada and a Minister responsible for policing in a province,

      • (ii) a prosecutor, a lawyer, a member of the Chambre des notaires du Québec and an officer of a court,

      • (iii) a judge and a justice,

      • (iv) a juror and a person who is summoned as a juror,

      • (v) an informant, a prospective witness, a witness under subpoena and a witness who has testified,

      • (vi) a peace officer within the meaning of any of paragraphs (b), (c), (d), (e) and (g) of the definition “peace officer”,

      • (vii) a civilian employee of a police force,

      • (viii) a person employed in the administration of a court,

      • (ix) a public officer within the meaning of subsection 25.1(1) and a person acting at the direction of such an officer,

      • (x) an employee of the Canada Customs and Revenue Agency who is involved in the investigation of an offence under an Act of Parliament,

      • (xi) an employee of a federal or provincial correctional service, a parole supervisor and any other person who is involved in the administration of a sentence under the supervision of such a correctional service and a person who conducts disciplinary hearings under the Corrections and Conditional Release Act, and

      • (xii) an employee and a member of the National Parole Board and of a provincial parole board;

    “serious offence”

    « infraction grave »

    “serious offence” has the same meaning as in subsection 467.1(1);

  • Marginal note:1997, c. 23, s. 2

    (6) Section 2 of the French version of the Act is amended by adding the following in alphabetical order:

    « infraction d’organisation criminelle »

    “criminal organization offence”

    infraction d’organisation criminelle

    • a) Soit une infraction prévue aux articles 467.11, 467.12 ou 467.13 ou une infraction grave commise au profit ou sous la direction d’une organisation criminelle, ou en association avec elle;

    • b) soit le complot ou la tentative en vue de commettre une telle infraction ou le fait d’en être complice après le fait ou d’en conseiller la perpétration.

    « organisation criminelle »

    “criminal organization”

    organisation criminelle S’entend au sens du paragraphe 467.1(1).

 The Act is amended by adding the following after section 25:

Marginal note:Definitions
  • 25.1 (1) The following definitions apply in this section and sections 25.2 to 25.4.

    “competent authority”

    « autorité compétente »

    “competent authority” means, with respect to a public officer or a senior official,

    • (a) in the case of a member of the Royal Canadian Mounted Police, the Solicitor General of Canada, personally;

    • (b) in the case of a member of a police service constituted under the laws of a province, the Minister responsible for policing in the province, personally; and

    • (c) in the case of any other public officer or senior official, the Minister who has responsibility for the Act of Parliament that the officer or official has the power to enforce, personally.

    “public officer”

    « fonctionnaire public »

    “public officer” means a peace officer, or a public officer who has the powers of a peace officer under an Act of Parliament.

    “senior official”

    « fonctionnaire supérieur »

    “senior official” means a senior official who is responsible for law enforcement and who is designated under subsection (5).

  • Marginal note:Principle

    (2) It is in the public interest to ensure that public officers may effectively carry out their law enforcement duties in accordance with the rule of law and, to that end, to expressly recognize in law a justification for public officers and other persons acting at their direction to commit acts or omissions that would otherwise constitute offences.

  • Marginal note:Designation of public officers

    (3) A competent authority may designate public officers for the purposes of this section and sections 25.2 to 25.4.

  • Marginal note:Condition — civilian oversight

    (3.1) A competent authority referred to in paragraph (a) or (b) of the definition of that term in subsection (1) may not designate any public officer under subsection (3) unless there is a public authority composed of persons who are not peace officers that may review the public officer’s conduct.

  • Marginal note:Declaration as evidence

    (3.2) The Governor in Council or the lieutenant governor in council of a province, as the case may be, may designate a person or body as a public authority for the purposes of subsection (3.1), and that designation is conclusive evidence that the person or body is a public authority described in that subsection.

  • Marginal note:Considerations

    (4) The competent authority shall make designations under subsection (3) on the advice of a senior official and shall consider the nature of the duties performed by the public officer in relation to law enforcement generally, rather than in relation to any particular investigation or enforcement activity.

  • Marginal note:Designation of senior officials

    (5) A competent authority may designate senior officials for the purposes of this section and sections 25.2 to 25.4.

  • Marginal note:Emergency designation

    (6) A senior official may designate a public officer for the purposes of this section and sections 25.2 to 25.4 for a period of not more than 48 hours if the senior official is of the opinion that

    • (a) by reason of exigent circumstances, it is not feasible for the competent authority to designate a public officer under subsection (3); and

    • (b) in the circumstances of the case, the public officer would be justified in committing an act or omission that would otherwise constitute an offence.

    The senior official shall without delay notify the competent authority of the designation.

  • Marginal note:Conditions

    (7) A designation under subsection (3) or (6) may be made subject to conditions, including conditions limiting

    • (a) the duration of the designation;

    • (b) the nature of the conduct in the investigation of which a public officer may be justified in committing, or directing another person to commit, acts or omissions that would otherwise constitute an offence; and

    • (c) the acts or omissions that would otherwise constitute an offence and that a public officer may be justified in committing or directing another person to commit.

  • Marginal note:Justification for acts or omissions

    (8) A public officer is justified in committing an act or omission — or in directing the commission of an act or omission under subsection (10) — that would otherwise constitute an offence if the public officer

    • (a) is engaged in the investigation of an offence under, or the enforcement of, an Act of Parliament or in the investigation of criminal activity;

    • (b) is designated under subsection (3) or (6); and

    • (c) believes on reasonable grounds that the commission of the act or omission, as compared to the nature of the offence or criminal activity being investigated, is reasonable and proportional in the circumstances, having regard to such matters as the nature of the act or omission, the nature of the investigation and the reasonable availability of other means for carrying out the public officer’s law enforcement duties.

  • Marginal note:Requirements for certain acts

    (9) No public officer is justified in committing an act or omission that would otherwise constitute an offence and that would be likely to result in loss of or serious damage to property, or in directing the commission of an act or omission under subsection (10), unless, in addition to meeting the conditions set out in paragraphs (8)(a) to (c), he or she

    • (a) is personally authorized in writing to commit the act or omission — or direct its commission — by a senior official who believes on reasonable grounds that committing the act or omission, as compared to the nature of the offence or criminal activity being investigated, is reasonable and proportional in the circumstances, having regard to such matters as the nature of the act or omission, the nature of the investigation and the reasonable availability of other means for carrying out the public officer’s law enforcement duties; or

    • (b) believes on reasonable grounds that the grounds for obtaining an authorization under paragraph (a) exist but it is not feasible in the circumstances to obtain the authorization and that the act or omission is necessary to

      • (i) preserve the life or safety of any person,

      • (ii) prevent the compromise of the identity of a public officer acting in an undercover capacity, of a confidential informant or of a person acting covertly under the direction and control of a public officer, or

      • (iii) prevent the imminent loss or destruction of evidence of an indictable offence.

  • Marginal note:Person acting at direction of public officer

    (10) A person who commits an act or omission that would otherwise constitute an offence is justified in committing it if

    • (a) a public officer directs him or her to commit that act or omission and the person believes on reasonable grounds that the public officer has the authority to give that direction; and

    • (b) he or she believes on reasonable grounds that the commission of that act or omission is for the purpose of assisting the public officer in the public officer’s law enforcement duties.

  • Marginal note:Limitation

    (11) Nothing in this section justifies

    • (a) the intentional or criminally negligent causing of death or bodily harm to another person;

    • (b) the wilful attempt in any manner to obstruct, pervert or defeat the course of justice; or

    • (c) conduct that would violate the sexual integrity of an individual.

  • Marginal note:Protection, defences and immunities unaffected

    (12) Nothing in this section affects the protection, defences and immunities of peace officers and other persons recognized under the law of Canada.

  • Marginal note:Compliance with requirements

    (13) Nothing in this section relieves a public officer of criminal liability for failing to comply with any other requirements that govern the collection of evidence.

  • Marginal note:Exception: offences under Controlled Drugs and Substances Act

    (14) Nothing in this section justifies a public officer or a person acting at his or her direction in committing an act or omission — or a public officer in directing the commission of an act or omission — that constitutes an offence under a provision of Part I of the Controlled Drugs and Substances Act or of the regulations made under it.

Marginal note:Public officer to file report

25.2 Every public officer who commits an act or omission — or directs the commission by another person of an act or omission — under paragraph 25.1(9)(a) or (b) shall, as soon as is feasible after the commission of the act or omission, file a written report with the appropriate senior official describing the act or omission.

Marginal note:Annual report
  • 25.3 (1) Every competent authority shall publish or otherwise make available to the public an annual report for the previous year that includes, in respect of public officers and senior officials designated by the competent authority,

    • (a) the number of designations made under subsection 25.1(6) by the senior officials;

    • (b) the number of authorizations made under paragraph 25.1(9)(a) by the senior officials;

    • (c) the number of times that acts and omissions were committed in accordance with paragraph 25.1(9)(b) by the public officers;

    • (d) the nature of the conduct being investigated when the designations referred to in paragraph (a) or the authorizations referred to in paragraph (b) were made or when the acts or omissions referred to in paragraph (c) were committed; and

    • (e) the nature of the acts or omissions committed under the designations referred to in paragraph (a), under the authorizations referred to in paragraph (b) and in the manner described in paragraph (c).

  • Marginal note:Limitation

    (2) The annual report shall not contain any information the disclosure of which would

    • (a) compromise or hinder an ongoing investigation of an offence under an Act of Parliament;

    • (b) compromise the identity of a public officer acting in an undercover capacity, of a confidential informant or of a person acting covertly under the direction and control of a public officer;

    • (c) endanger the life or safety of any person;

    • (d) prejudice a legal proceeding; or

    • (e) otherwise be contrary to the public interest.

Marginal note:Written notification to be given
  • 25.4 (1) When a public officer commits an act or omission — or directs the commission by another person of an act or omission — under paragraph 25.1(9)(a) or (b), the senior official with whom the public officer files a written report under section 25.2 shall, as soon as is feasible after the report is filed, and no later than one year after the commission of the act or omission, notify in writing any person whose property was lost or seriously damaged as a result of the act or omission.

  • Marginal note:Limitation

    (2) The competent authority may authorize the senior official not to notify the person under subsection (1) until the competent authority is of the opinion that notification would not

    • (a) compromise or hinder an ongoing investigation of an offence under an Act of Parliament;

    • (b) compromise the identity of a public officer acting in an undercover capacity, of a confidential informant or of a person acting covertly under the direction and control of a public officer;

    • (c) endanger the life or safety of any person;

    • (d) prejudice a legal proceeding; or

    • (e) otherwise be contrary to the public interest.

Marginal note:1997, c. 23, s. 2

 Subsection 82(2) of the French version of the Act is replaced by the following:

  • Marginal note:Possession liée aux activités d’une organisation criminelle

    (2) Quiconque, sans excuse légitime, dont la preuve lui incombe, fabrique ou a en sa possession ou sous sa garde ou son contrôle une substance explosive au profit ou sous la direction d’une organisation criminelle, ou en association avec elle, est coupable d’un acte criminel et passible d’un emprisonnement maximal de quatorze ans.

 The definition “offence” in section 183 of the Act is replaced by the following:

“offence”

« infraction »

“offence” means an offence contrary to, any conspiracy or attempt to commit or being an accessory after the fact in relation to an offence contrary to, or any counselling in relation to an offence contrary to

  • (a) any of the following provisions of this Act, namely,

    • (i) section 47 (high treason),

    • (ii) section 51 (intimidating Parliament or a legislature),

    • (iii) section 52 (sabotage),

    • (iv) section 57 (forgery, etc.),

    • (v) section 61 (sedition),

    • (vi) section 76 (hijacking),

    • (vii) section 77 (endangering safety of aircraft or airport),

    • (viii) section 78 (offensive weapons, etc., on aircraft),

    • (ix) section 78.1 (offences against maritime navigation or fixed platforms),

    • (x) section 80 (breach of duty),

    • (xi) section 81 (using explosives),

    • (xii) section 82 (possessing explosives),

    • (xiii) section 96 (possession of weapon obtained by commission of offence),

    • (xiv) section 99 (weapons trafficking),

    • (xv) section 100 (possession for purpose of weapons trafficking),

    • (xvi) section 102 (making automatic firearm),

    • (xvii) section 103 (importing or exporting knowing it is unauthorized),

    • (xviii) section 104 (unauthorized importing or exporting),

    • (xix) section 119 (bribery, etc.),

    • (xx) section 120 (bribery, etc.),

    • (xxi) section 121 (fraud on government),

    • (xxii) section 122 (breach of trust),

    • (xxiii) section 123 (municipal corruption),

    • (xxiv) section 132 (perjury),

    • (xxv) section 139 (obstructing justice),

    • (xxvi) section 144 (prison breach),

    • (xxvii) subsection 145(1) (escape, etc.),

    • (xxviii) paragraph 163(1)(a) (obscene materials),

    • (xxix) section 163.1 (child pornography),

    • (xxx) section 184 (unlawful interception),

    • (xxxi) section 191 (possession of intercepting device),

    • (xxxii) subsection 201(1) (keeping gaming or betting house),

    • (xxxiii) paragraph 202(1)(e) (pool-selling, etc.),

    • (xxxiv) subsection 210(1) (keeping common bawdy house),

    • (xxxv) subsection 212(1) (procuring),

    • (xxxvi) subsection 212(2) (procuring),

    • (xxxvii) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of a person under the age of eighteen years),

    • (xxxviii) subsection 212(4) (offence — prostitution of person under eighteen),

    • (xxxix) section 235 (murder),

    • (xl) section 264.1 (uttering threats),

    • (xli) section 267 (assault with a weapon or causing bodily harm),

    • (xlii) section 268 (aggravated assault),

    • (xliii) section 269 (unlawfully causing bodily harm),

    • (xliv) section 271 (sexual assault),

    • (xlv) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm),

    • (xlvi) section 273 (aggravated sexual assault),

    • (xlvii) section 279 (kidnapping),

    • (xlviii) section 279.1 (hostage taking),

    • (xlix) section 280 (abduction of person under sixteen),

    • (l) section 281 (abduction of person under fourteen),

    • (li) section 282 (abduction in contravention of custody order),

    • (lii) section 283 (abduction),

    • (liii) section 318 (advocating genocide),

    • (liv) section 327 (possession of device to obtain telecommunication facility or service),

    • (lv) section 334 (theft),

    • (lvi) section 342 (theft, forgery, etc., of credit card),

    • (lvii) section 342.1 (unauthorized use of computer),

    • (lviii) section 342.2 (possession of device to obtain computer service),

    • (lix) section 344 (robbery),

    • (lx) section 346 (extortion),

    • (lxi) section 347 (criminal interest rate),

    • (lxii) section 348 (breaking and entering),

    • (lxiii) section 354 (possession of property obtained by crime),

    • (lxiv) section 356 (theft from mail),

    • (lxv) section 367 (forgery),

    • (lxvi) section 368 (uttering forged document),

    • (lxvii) section 372 (false messages),

    • (lxviii) section 380 (fraud),

    • (lxix) section 381 (using mails to defraud),

    • (lxx) section 382 (fraudulent manipulation of stock exchange transactions),

    • (lxxi) section 423.1 (intimidation of justice system participant or journalist),

    • (lxxii) section 424 (threat to commit offences against internationally protected person),

    • (lxxiii) section 426 (secret commissions),

    • (lxxiv) section 430 (mischief),

    • (lxxv) section 431 (attack on premises, residence or transport of internationally protected person),

    • (lxxvi) section 433 (arson),

    • (lxxvii) section 434 (arson),

    • (lxxviii) section 434.1 (arson),

    • (lxxix) section 435 (arson for fraudulent purpose),

    • (lxxx) section 449 (making counterfeit money),

    • (lxxxi) section 450 (possession, etc., of counterfeit money),

    • (lxxxii) section 452 (uttering, etc., counterfeit money),

    • (lxxxiii) section 462.31 (laundering proceeds of crime),

    • (lxxxiv) subsection 462.33(11) (acting in contravention of restraint order),

    • (lxxxv) section 467.11 (participation in criminal organization),

    • (lxxxvi) section 467.12 (commission of offence for criminal organization), or

    • (lxxxvii) section 467.13 (instructing commission of offence for criminal organization),

  • (b) section 198 (fraudulent bankruptcy) of the Bankruptcy and Insolvency Act,

  • (c) any of the following provisions of the Competition Act, namely,

    • (i) section 45 (conspiracy) in relation to any of the matters referred to in paragraphs 45(4)(a) to (d) of that Act,

    • (ii) section 47 (bid-rigging), or

    • (iii) subsection 52.1(3) (deceptive telemarketing),

  • (d) any of the following provisions of the Controlled Drugs and Substances Act, namely,

    • (i) section 5 (trafficking),

    • (ii) section 6 (importing and exporting), or

    • (iii) section 7 (production),

  • (e) section 3 (bribing a foreign public official) of the Corruption of Foreign Public Officials Act,

  • (e.1) the Crimes Against Humanity and War Crimes Act,

  • (f) any of the following provisions of the Customs Act, namely,

    • (i) section 153 (false statements), or

    • (ii) section 159 (smuggling),

  • (g) any of the following provisions of the Excise Act, namely,

    • (i) section 158 (unlawful distillation of spirits),

    • (ii) section 163 (unlawful selling of spirits),

    • (iii) subsection 233(1) (unlawful packaging or stamping), or

    • (iv) subsection 240(1) (unlawful possession or sale of manufactured tobacco or cigars),

  • (h) any of the following provisions of the Export and Import Permits Act, namely,

    • (i) section 13 (export or attempt to export),

    • (ii) section 14 (import or attempt to import),

    • (iii) section 15 (diversion, etc.),

    • (iv) section 16 (no transfer of permits),

    • (v) section 17 (false information), or

    • (vi) section 18 (aiding and abetting),

  • (i) any of the following provisions of the Immigration Act, namely,

    • (i) section 94.1 (organizing entry into Canada),

    • (ii) section 94.2 (organizing entry into Canada),

    • (iii) section 94.4 (disembarking persons at sea), or

    • (iv) section 94.5 (counselling false statements), or

  • (j) section 3 (spying) of the Official Secrets Act,

and includes any other offence that there are reasonable grounds to believe is a criminal organization offence;

Marginal note:1997, c. 23, s. 4

 Subsection 185(1.1) of the Act is replaced by the following:

  • Marginal note:Exception for criminal organization

    (1.1) Notwithstanding paragraph (1)(h), that paragraph does not apply where the application for an authorization is in relation to

    • (a) an offence under section 467.11, 467.12 or 467.13; or

    • (b) an offence committed for the benefit of, at the direction of, or in association with, a criminal organization.

Marginal note:1997, c. 23, s. 5

 Subsection 186(1.1) of the Act is replaced by the following:

  • Marginal note:Exception for criminal organization

    (1.1) Notwithstanding paragraph (1)(b), that paragraph does not apply where the judge is satisfied that the application for an authorization is in relation to

    • (a) an offence under section 467.11, 467.12 or 467.13; or

    • (b) an offence committed for the benefit of, at the direction of, or in association with, a criminal organization.

Marginal note:1997, c. 23, s. 6

 Section 186.1 of the Act is replaced by the following:

Marginal note:Time limitation in relation to criminal organizations

186.1 Notwithstanding paragraphs 184.2(4)(e) and 186(4)(e) and subsection 186(7), an authorization or any renewal of an authorization may be valid for one or more periods specified in the authorization exceeding sixty days, each not exceeding one year, where the authorization is in relation to

  • (a) an offence under section 467.11, 467.12 or 467.13; or

  • (b) an offence committed for the benefit of, at the direction of, or in association with, a criminal organization.

Marginal note:1997, c. 23, s. 7

 Subsection 196(5) of the Act is replaced by the following:

  • Marginal note:Exception for criminal organization

    (5) Notwithstanding subsections (3) and 185(3), where the judge to whom an application referred to in subsection (2) or 185(2) is made, on the basis of an affidavit submitted in support of the application, is satisfied that the investigation is in relation to

    • (a) an offence under section 467.11, 467.12 or 467.13, or

    • (b) an offence committed for the benefit of, at the direction of, or in association with, a criminal organization,

    and is of the opinion that the interests of justice warrant the granting of the application, the judge shall grant an extension, or a subsequent extension, of the period, but no extension may exceed three years.

Marginal note:1997, c. 23, s. 8
  •  (1) Subsection 231(6.1) of the French version of the Act is replaced by the following:

    • Marginal note:Usage d’explosifs par une organisation criminelle

      (6.1) Indépendamment de toute préméditation, le meurtre que commet une personne est assimilé à un meurtre au premier degré lorsque la mort est causée au cours de la perpétration ou de la tentative de perpétration d’une infraction prévue à l’article 81 au profit ou sous la direction d’une organisation criminelle, ou en association avec elle.

  • (2) Section 231 of the Act is amended by adding the following after subsection (6.1):

    • Marginal note:Intimidation

      (6.2) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first degree murder when the death is caused while committing or attempting to commit an offence under section 423.1.

Marginal note:2000, c. 12, par. 95(b)

 Subsection 423(1) of the Act is replaced by the following:

Marginal note:Intimidation
  • 423. (1) Every one is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, wrongfully and without lawful authority, for the purpose of compelling another person to abstain from doing anything that he or she has a lawful right to do, or to do anything that he or she has a lawful right to abstain from doing,

    • (a) uses violence or threats of violence to that person or his or her spouse or common-law partner or children, or injures his or her property;

    • (b) intimidates or attempts to intimidate that person or a relative of that person by threats that, in Canada or elsewhere, violence or other injury will be done to or punishment inflicted on him or her or a relative of his or hers, or that the property of any of them will be damaged;

    • (c) persistently follows that person;

    • (d) hides any tools, clothes or other property owned or used by that person, or deprives him or her of them or hinders him or her in the use of them;

    • (e) with one or more other persons, follows that person, in a disorderly manner, on a highway;

    • (f) besets or watches the place where that person resides, works, carries on business or happens to be; or

    • (g) blocks or obstructs a highway.

 The Act is amended by adding the following after section 423:

Marginal note:Intimidation of a justice system participant or a journalist
  • 423.1 (1) No person shall, without lawful authority, engage in conduct referred to in subsection (2) with the intent to provoke a state of fear in

    • (a) a group of persons or the general public in order to impede the administration of criminal justice;

    • (b) a justice system participant in order to impede him or her in the performance of his or her duties; or

    • (c) a journalist in order to impede him or her in the transmission to the public of information in relation to a criminal organization.

  • Marginal note:Prohibited conduct

    (2) The conduct referred to in subsection (1) consists of

    • (a) using violence against a justice system participant or a journalist or anyone known to either of them or destroying or causing damage to the property of any of those persons;

    • (b) threatening to engage in conduct described in paragraph (a) in Canada or elsewhere;

    • (c) persistently or repeatedly following a justice system participant or a journalist or anyone known to either of them, including following that person in a disorderly manner on a highway;

    • (d) repeatedly communicating with, either directly or indirectly, a justice system participant or a journalist or anyone known to either of them; and

    • (e) besetting or watching the place where a justice system participant or a journalist or anyone known to either of them resides, works, attends school, carries on business or happens to be.

  • Marginal note:Punishment

    (3) Every person who contravenes this section is guilty of an indictable offence and is liable to imprisonment for a term of not more than fourteen years.

  •  (1) Section 462.3 of the Act is renumbered as subsection 462.3(1).

  • Marginal note:R.S., c. 42 (4th Supp.), s. 2; 1993, c. 46, s. 5; 1994, c. 44, s. 29; 1995, c. 39, s. 151; 1997, c. 18, s. 27, c. 23, s. 9; 1998, c. 34, s. 9(1); 1999, c. 5, ss. 13, 52

    (2) The definition “enterprise crime offence” in subsection 462.3(1) of the Act is repealed.

  • Marginal note:1996, c. 19, s. 68(2)

    (3) The definition “designated substance offence” in subsection 462.3(1) of the English version of the Act is repealed.

  • Marginal note:R.S., c. 42 (4th Supp.), s. 2; 1993, c. 37, par. 32(b); 1996, c. 19, par. 70(b)

    (4) The definition “proceeds of crime” in subsection 462.3(1) of the Act is replaced by the following:

    “proceeds of crime”

    « produits de la criminalité »

    “proceeds of crime” means any property, benefit or advantage, within or outside Canada, obtained or derived directly or indirectly as a result of

    • (a) the commission in Canada of a designated offence, or

    • (b) an act or omission anywhere that, if it had occurred in Canada, would have constituted a designated offence.

  • Marginal note:1996, c. 19, s. 68(2)

    (5) The definition “infraction désignée” in subsection 462.3(1) of the French version of the Act is replaced by the following:

    « infraction désignée »

    “designated offence”

    « infraction désignée »

    • a) Soit tout acte criminel prévu à la présente loi ou une autre loi fédérale, à l’exception des actes criminels désignés par règlement;

    • b) soit le complot ou la tentative en vue de commettre un tel acte ou le fait d’en être complice après le fait ou d’en conseiller la perpétration.

  • (6) Subsection 462.3(1) of the English version of the Act is amended by adding the following in alphabetical order:

    “designated offence”

    « infraction désignée »

    “designated offence” means

    • (a) an indictable offence under this or any other Act of Parliament, other than an indictable offence prescribed by regulation, or

    • (b) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a);

  • (7) Section 462.3 of the Act is amended by adding the following after subsection (1):

    • Marginal note:Regulations

      (2) The Governor in Council may make regulations prescribing indictable offences that are excluded from the definition “designated offence” in subsection (1).

    • Marginal note:Powers of Attorney General of Canada

      (3) Notwithstanding the definition “Attorney General” in section 2, the Attorney General of Canada may exercise all the powers and perform all the duties and functions assigned to the Attorney General by or under this Act in respect of a designated offence where the alleged offence arises out of conduct that in whole or in part is in relation to an alleged contravention of an Act of Parliament or a regulation made under such an Act, other than this Act or a regulation made under this Act.

    • Marginal note:Powers of Attorney General of a province

      (4) Subsection (3) does not affect the authority of the Attorney General of a province to conduct proceedings in respect of a designated offence or to exercise any of the powers or perform any of the duties and functions assigned to the Attorney General by or under this Act.

Marginal note:R.S., c. 42 (4th Supp.), s. 2; 1996, c. 19, par. 70(c)

 Paragraphs 462.31(1)(a) and (b) of the Act are replaced by the following:

  • (a) the commission in Canada of a designated offence; or

  • (b) an act or omission anywhere that, if it had occurred in Canada, would have constituted a designated offence.

Marginal note:1997, c. 18, s. 29
  •  (1) Subsection 462.32(1) of the Act is replaced by the following:

    Marginal note:Special search warrant
    • 462.32 (1) Subject to subsection (3), where a judge, on application of the Attorney General, is satisfied by information on oath in Form 1 that there are reasonable grounds to believe that there is in any building, receptacle or place, within the province in which the judge has jurisdiction or any other province, any property in respect of which an order of forfeiture may be made under subsection 462.37(1) or 462.38(2), in respect of a designated offence alleged to have been committed within the province in which the judge has jurisdiction, the judge may issue a warrant authorizing a person named in the warrant or a peace officer to search the building, receptacle or place for that property and to seize that property and any other property in respect of which that person or peace officer believes, on reasonable grounds, that an order of forfeiture may be made under that subsection.

  • (2) Section 462.32 of the Act is amended by adding the following after subsection (4):

    • Marginal note:Return of proceeds

      (4.1) Subject to this or any other Act of Parliament, a peace officer who has seized anything under a warrant issued by a judge under this section may, with the written consent of the Attorney General, on being issued a receipt for it, return the thing seized to the person lawfully entitled to its possession, if

      • (a) the peace officer is satisfied that there is no dispute as to who is lawfully entitled to possession of the thing seized;

      • (b) the peace officer is satisfied that the continued detention of the thing seized is not required for the purpose of forfeiture; and

      • (c) the thing seized is returned before a report is filed with the clerk of the court under paragraph (4)(b).

Marginal note:1993, c. 37, s. 21(1); 1997, c. 18, s. 30(2)
  •  (1) Subsection 462.33(3) of the Act is replaced by the following:

    • Marginal note:Restraint order

      (3) Where an application for a restraint order is made to a judge under subsection (1), the judge may, if satisfied that there are reasonable grounds to believe that there exists within the province in which the judge has jurisdiction or any other province, any property in respect of which an order of forfeiture may be made under subsection 462.37(1) or 462.38(2), in respect of a designated offence alleged to have been committed within the province in which the judge has jurisdiction, make an order prohibiting any person from disposing of, or otherwise dealing with any interest in, the property specified in the order otherwise than in such manner as may be specified in the order.

  • Marginal note:1993, c. 37, s. 21(2); 1996, c. 16, par. 60(1)(d)

    (2) Subsection 462.33(3.1) of the Act is replaced by the following:

    • Marginal note:Property outside Canada

      (3.1) A restraint order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.

  • Marginal note:R.S., c. 42 (4th Supp.), s. 2

    (3) Subsection 462.33(7) of the Act is replaced by the following:

    • Marginal note:Undertakings by Attorney General

      (7) Before making an order under subsection (3), a judge shall require the Attorney General to give such undertakings as the judge considers appropriate with respect to the payment of damages or costs, or both, in relation to

      • (a) the making of an order in respect of property situated within or outside Canada; and

      • (b) the execution of an order in respect of property situated within Canada.

 The Act is amended by adding the following after section 462.33:

Marginal note:Management order
  • 462.331 (1) With respect to property seized under section 462.32 or restrained under section 462.33, other than a controlled substance within the meaning of the Controlled Drugs and Substances Act, on application of the Attorney General or of any other person with the written consent of the Attorney General, where a judge is of the opinion that the circumstances so require, the judge may

    • (a) appoint a person to take control of and to manage or otherwise deal with all or part of the property in accordance with the directions of the judge; and

    • (b) require any person having possession of that property to give possession of the property to the person appointed under paragraph (a).

  • Marginal note:Appointment of Minister of Public Works and Government Services

    (2) When the Attorney General of Canada so requests, a judge appointing a person under subsection (1) shall appoint the Minister of Public Works and Government Services.

  • Marginal note:Power to manage

    (3) The power to manage or otherwise deal with property under subsection (1) includes

    • (a) in the case of perishable or rapidly depreciating property, the power to make an interlocutory sale of that property; and

    • (b) in the case of property that has little or no value, the power to destroy that property.

  • Marginal note:Application for destruction order

    (4) Before a person appointed to manage property destroys property that has little or no value, he or she shall apply to a court for a destruction order.

  • Marginal note:Notice

    (5) Before making a destruction order in relation to any property, a court shall require notice in accordance with subsection (6) to be given to, and may hear, any person who, in the opinion of the court, appears to have a valid interest in the property.

  • Marginal note:Manner of giving notice

    (6) A notice shall

    • (a) be given or served in the manner that the court directs or that may be specified in the rules of the court; and

    • (b) be of any duration that the court considers reasonable or that may be specified in the rules of the court.

  • Marginal note:Order

    (7) A court may order that the property be destroyed if it is satisfied that the property has little or no value, whether financial or other.

  • Marginal note:When management order ceases to have effect

    (8) A management order ceases to have effect when the property that is the subject of the management order is returned in accordance with the law to an applicant or forfeited to Her Majesty.

  • Marginal note:Application to vary conditions

    (9) The Attorney General may at any time apply to the judge to cancel or vary any condition to which a management order is subject but may not apply to vary an appointment made under subsection (2).

Marginal note:R.S., c. 42 (4th Supp.), s. 2; 1996, c. 19, par. 70(d)
  •  (1) Subparagraph 462.34(6)(a)(i) of the Act is replaced by the following:

    • (i) a person charged with a designated offence, or

  • Marginal note:1997, c. 18, subpar. 140(d)(i)

    (2) Paragraph 462.34(6)(b) of the 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 a designated 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,

  • Marginal note:1996, c. 19, s. 69

    (3) Subsection 462.34(7) of the Act is replaced by the following:

    • Marginal note:Saving provision

      (7) Section 354 of this Act does not apply to a person who comes into possession of any property or thing that, pursuant to an order made under paragraph (4)(c), was returned to any person after having been seized or was excluded from the application of a restraint order made under subsection 462.33(3).

Marginal note:R.S., c. 42 (4th Supp.), s. 2

 Section 462.36 of the Act is replaced by the following:

Marginal note:Forwarding to clerk where accused to stand trial

462.36 Where a judge issues a warrant under section 462.32 or makes a restraint order under section 462.33 in respect of any property, the clerk of the court shall, when an accused is ordered to stand trial for a designated offence, cause to be forwarded to the clerk of the court to which the accused has been ordered to stand trial a copy of the report filed pursuant to paragraph 462.32(4)(b) or of the restraint order in respect of the property.

Marginal note:R.S., c. 42 (4th Supp.), s. 2; 1992, c. 1, s. 60 (Sch. I, item 29) (F); 1995, c. 22, s. 10 (Sch. I, items 15, 16); 1999, c. 5, s. 15(F)

 Subsections 462.37(1) and (2) of the Act are replaced by the following:

Marginal note:Order of forfeiture of property on conviction
  • 462.37 (1) Subject to this section and sections 462.39 to 462.41, where an offender is convicted, or discharged under section 730, of a designated offence and the court imposing sentence on the offender, on application of the Attorney General, is satisfied, on a balance of probabilities, that any property is proceeds of crime and that the designated offence was committed in relation to that property, the court shall order that the property be forfeited to Her Majesty to be disposed of as the Attorney General directs or otherwise dealt with in accordance with the law.

  • Marginal note:Proceeds of crime derived from other offences

    (2) Where the evidence does not establish to the satisfaction of the court that the designated offence of which the offender is convicted, or discharged under section 730, was committed in relation to property in respect of which an order of forfeiture would otherwise be made under subsection (1) but the court is satisfied, beyond a reasonable doubt, that that property is proceeds of crime, the court may make an order of forfeiture under subsection (1) in relation to that property.

  • Marginal note:Property outside Canada

    (2.1) An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.

Marginal note:R.S., c. 42 (4th Supp.), s. 2
  •  (1) Subsection 462.38(1) of the Act is replaced by the following:

    Marginal note:Application for forfeiture
    • 462.38 (1) Where an information has been laid in respect of a designated offence, the Attorney General may make an application to a judge for an order of forfeiture under subsection (2) in respect of any property.

  • Marginal note:R.S., c. 42 (4th Supp.), s. 2

    (2) Paragraph 462.38(2)(b) of the Act is replaced by the following:

    • (b) proceedings in respect of a designated offence committed in relation to that property were commenced, and

  • (3) Section 462.38 of the Act is amended by adding the following after subsection (2):

    • Marginal note:Property outside Canada

      (2.1) An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.

  • Marginal note:R.S., c. 42 (4th Supp.), s. 2

    (4) The portion of subsection 462.38(3) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Person deemed absconded

      (3) For the purposes of this section, a person shall be deemed to have absconded in connection with a designated offence if

Marginal note:R.S., c. 42 (4th Supp.), s. 2; 1996, c. 19, par. 70(f)

 Section 462.39 of the Act is replaced by the following:

Marginal note:Inference

462.39 For the purpose of subsection 462.37(1) or 462.38(2), the court may infer that property was obtained or derived as a result of the commission of a designated offence where evidence establishes that the value, after the commission of that offence, of all the property of the person alleged to have committed the offence exceeds the value of all the property of that person before the commission of that offence and the court is satisfied that the income of that person from sources unrelated to designated offences committed by that person cannot reasonably account for such an increase in value.

Marginal note:R.S., c. 42 (4th Supp.), s. 2
  •  (1) Paragraph 462.41(2)(c) of the Act is replaced by the following:

    • (c) set out the designated offence charged and a description of the property.

  • Marginal note:1997, c. 18, subpar. 140(d)(ii)

    (2) Paragraph 462.41(3)(a) of the Act is replaced by the following:

    • (a) a person who is charged with, or was convicted of, a designated offence, or

Marginal note:1997, c. 18, subpar. 140(d)(iii)
  •  (1) Paragraph 462.42(1)(a) of the Act is replaced by the following:

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

  • Marginal note:R.S., c. 42 (4th Supp.), s. 2; 1996, c. 19, par. 70(i)

    (2) Subsection 462.42(4) of the English version of the Act is replaced by the following:

    • Marginal note:Order declaring interest not subject to forfeiture

      (4) Where, on the hearing of an application made under subsection (1), the judge is satisfied that the applicant is not a person referred to in paragraph (1)(a) or (b) and appears innocent of any complicity in any designated offence that resulted in the forfeiture or of any collusion in relation to any such offence, the judge may make an order declaring that the interest of the applicant is not affected by the forfeiture and declaring the nature and extent of the interest.

 Section 462.43 of the Act is renumbered as subsection 462.43(1) and is amended by adding the following:

  • Marginal note:Property outside Canada

    (2) An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.

Marginal note:R.S., c. 42 (4th Supp.), s. 2; 1996, c. 19, par. 70(j)

 Section 462.47 of the Act is replaced by the following:

Marginal note:No civil or criminal liability incurred by informants

462.47 For greater certainty but subject to section 241 of the Income Tax Act, a person is justified in disclosing to a peace officer or the Attorney General any facts on the basis of which that person reasonably suspects that any property is proceeds of crime or that any person has committed or is about to commit a designated offence.

Marginal note:R.S., c. 42 (4th Supp.), s. 2; 1996, c. 19, par. 70(k); 1997, c. 23, s. 10(1)
  •  (1) Subsection 462.48(1) of the Act is replaced by the following:

    Definition of “designated substance offence”

    • 462.48 (1) In this section, “designated substance offence” means

      • (a) an offence under Part I of the Controlled Drugs and Substances Act, except subsection 4(1) of that Act; or

      • (b) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a).

    • Marginal note:Disclosure of income tax information

      (1.1) The Attorney General may make an application in accordance with subsection (2) for an order for disclosure of information under subsection (3), for the purposes of an investigation in relation to

      • (a) a designated substance offence;

      • (b) an offence against section 354 or 462.31 where the offence is alleged to have been committed in relation to any property, thing or proceeds obtained or derived directly or indirectly as a result of

        • (i) the commission in Canada of a designated substance offence, or

        • (ii) an act or omission anywhere that, if it had occurred in Canada, would have constituted a designated substance offence; or

      • (c) an offence against section 467.11, 467.12 or 467.13 or a conspiracy or an attempt to commit, or being an accessory after the fact in relation to, such an offence.

  • Marginal note:R.S., c. 42 (4th Supp.), s. 2

    (2) The portion of subsection 462.48(2) of the English version of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Application

      (2) An application under subsection (1.1) shall be made ex parte in writing to a judge and be accompanied by an affidavit sworn on the information and belief of the Attorney General or a person specially designated by the Attorney General for that purpose deposing to the following matters, namely,

  • Marginal note:1997, c. 23, s. 10(2)

    (3) Paragraph 462.48(2)(d) of the Act is replaced by the following:

    • (d) the facts relied on to justify the belief, on reasonable grounds, that the person referred to in paragraph (b) has committed or benefited from the commission of an offence referred to in paragraph (1.1)(a), (b) or (c) and that the information or documents referred to in paragraph (c) are likely to be of substantial value, whether alone or together with other material, to the investigation for the purposes of which the application is made.

  • Marginal note:R.S., c. 42 (4th Supp.), s. 2

    (4) The portion of subsection 462.48(3) of the English version of the Act before paragraph (a) is replaced by the following:

    • (3) Where the judge to whom an application under subsection (1.1) is made is satisfied

Marginal note:1997, c. 23, s. 11

 Section 467.1 of the Act is replaced by the following:

Marginal note:Definitions
  • 467.1 (1) The following definitions apply in this Act.

    “criminal organization”

    « organisation criminelle »

    “criminal organization” means a group, however organized, that

    • (a) is composed of three or more persons in or outside Canada; and

    • (b) has as one of its main purposes or main activities the facilitation or commission of one or more serious offences that, if committed, would likely result in the direct or indirect receipt of a material benefit, including a financial benefit, by the group or by any of the persons who constitute the group.

    It does not include a group of persons that forms randomly for the immediate commission of a single offence.

    “serious offence”

    « infraction grave »

    “serious offence” means an indictable offence under this or any other Act of Parliament for which the maximum punishment is imprisonment for five years or more, or another offence that is prescribed by regulation.

  • Marginal note:Facilitation

    (2) For the purposes of this section and section 467.11, facilitation of an offence does not require knowledge of a particular offence the commission of which is facilitated, or that an offence actually be committed.

  • Marginal note:Commission of offence

    (3) In this section and in sections 467.11 to 467.13, committing an offence means being a party to it or counselling any person to be a party to it.

  • Marginal note:Regulations

    (4) The Governor in Council may make regulations prescribing offences that are included in the definition “serious offence” in subsection (1).

Marginal note:Participation in activities of criminal organization
  • 467.11 (1) Every person who, for the purpose of enhancing the ability of a criminal organization to facilitate or commit an indictable offence under this or any other Act of Parliament, knowingly, by act or omission, participates in or contributes to any activity of the criminal organization is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

  • Marginal note:Prosecution

    (2) In a prosecution for an offence under subsection (1), it is not necessary for the prosecutor to prove that

    • (a) the criminal organization actually facilitated or committed an indictable offence;

    • (b) the participation or contribution of the accused actually enhanced the ability of the criminal organization to facilitate or commit an indictable offence;

    • (c) the accused knew the specific nature of any indictable offence that may have been facilitated or committed by the criminal organization; or

    • (d) the accused knew the identity of any of the persons who constitute the criminal organization.

  • Marginal note:Factors

    (3) In determining whether an accused participates in or contributes to any activity of a criminal organization, the Court may consider, among other factors, whether the accused

    • (a) uses a name, word, symbol or other representation that identifies, or is associated with, the criminal organization;

    • (b) frequently associates with any of the persons who constitute the criminal organization;

    • (c) receives any benefit from the criminal organization; or

    • (d) repeatedly engages in activities at the instruction of any of the persons who constitute the criminal organization.

Marginal note:Commission of offence for criminal organization
  • 467.12 (1) Every person who commits an indictable offence under this or any other Act of Parliament for the benefit of, at the direction of, or in association with, a criminal organization is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • Marginal note:Prosecution

    (2) In a prosecution for an offence under subsection (1), it is not necessary for the prosecutor to prove that the accused knew the identity of any of the persons who constitute the criminal organization.

Marginal note:Instructing commission of offence for criminal organization
  • 467.13 (1) Every person who is one of the persons who constitute a criminal organization and who knowingly instructs, directly or indirectly, any person to commit an offence under this or any other Act of Parliament for the benefit of, at the direction of, or in association with, the criminal organization is guilty of an indictable offence and liable to imprisonment for life.

  • Marginal note:Prosecution

    (2) In a prosecution for an offence under subsection (1), it is not necessary for the prosecutor to prove that

    • (a) an offence other than the offence under subsection (1) was actually committed;

    • (b) the accused instructed a particular person to commit an offence; or

    • (c) the accused knew the identity of all of the persons who constitute the criminal organization.

Marginal note:Sentences to be served consecutively

467.14 A sentence imposed on a person for an offence under section 467.11, 467.12 or 467.13 shall be served consecutively to any other punishment imposed on the person for an offence arising out of the same event or series of events and to any other sentence to which the person is subject at the time the sentence is imposed on the person for an offence under any of those sections.

Marginal note:1997, c. 23, s. 11

 Section 467.2 of the Act is replaced by the following:

Marginal note:Powers of the Attorney General of Canada
  • 467.2 (1) Notwithstanding the definition of “Attorney General” in section 2, the Attorney General of Canada may conduct proceedings in respect of

    • (a) an offence under section 467.11; or

    • (b) another criminal organization offence where the alleged offence arises out of conduct that in whole or in part is in relation to an alleged contravention of an Act of Parliament or a regulation made under such an Act, other than this Act or a regulation made under this Act.

    For those purposes, the Attorney General of Canada may exercise all the powers and perform all the duties and functions assigned to the Attorney General by or under this Act.

  • Marginal note:Powers of the Attorney General of a province

    (2) Subsection (1) does not affect the authority of the Attorney General of a province to conduct proceedings in respect of an offence referred to in section 467.11, 467.12 or 467.13 or to exercise any of the powers or perform any of the duties and functions assigned to the Attorney General by or under this Act.

  •  (1) Section 486 of the Act is amended by adding the following after subsection (1.4):

    • Marginal note:Protection of justice system participants

      (1.5) For the purposes of subsection (1) and for greater certainty, the “proper administration of justice” includes ensuring the protection of justice system participants who are involved in the proceedings.

  • Marginal note:1997, c. 16, ss. 6(2) and (3)

    (2) Subsections 486(2.11) and (2.2) of the Act are replaced by the following:

    • Marginal note:Testimony outside court room

      (2.101) Notwithstanding section 650, where an accused is charged with an offence under section 423.1, 467.11, 467.12 or 467.13, or a serious offence committed for the benefit of, at the direction of, or in association with, a criminal organization, the presiding judge or justice, as the case may be, may order that any witness testify

      • (a) outside the court room, if the judge or justice is of the opinion that the order is necessary to protect the safety of the witness; and

      • (b) outside the court room or behind a screen or other device that would allow the witness not to see the accused, if the judge or justice is of the opinion that the order is necessary to obtain a full and candid account from the witness.

    • Marginal note:Same procedure for opinion

      (2.11) Where the judge or justice is of the opinion that it is necessary for the complainant or witness to testify in order to determine whether an order under subsection (2.1) or (2.101) should be made in respect of that complainant or witness, the judge or justice shall order that the complainant or witness testify pursuant to that subsection.

    • Marginal note:Condition of exclusion

      (2.2) A complainant or witness shall not testify outside the court room pursuant to subsection (2.1), (2.101) or (2.11) unless arrangements are made for the accused, the judge or justice and the jury to watch the testimony of the complainant or witness by means of closed-circuit television or otherwise and the accused is permitted to communicate with counsel while watching the testimony.

  • Marginal note:1999, c. 25, s. 2(3)

    (3) Subsection 486(4.1) of the Act is replaced by the following:

    • Marginal note:Ban on publication, etc.

      (4.1) A judge or justice may, in any proceedings against an accused other than in respect of an offence set out in subsection (3), make an order directing that the identity of a victim or witness — or, in the case of an offence under section 423.1 or a criminal organization offence, the identity of a justice system participant who is involved in the proceedings — or any information that could disclose their identity, shall not be published in any document or broadcast in any way, if the judge or justice is satisfied that the order is necessary for the proper administration of justice.

  • Marginal note:1999, c. 25, s. 2(3)

    (4) Paragraphs 486(4.7)(b) to (e) of the Act are replaced by the following:

    • (b) whether there is a real and substantial risk that the victim, witness or justice system participant would suffer significant harm if their identity were disclosed;

    • (c) whether the victim, witness or justice system participant needs the order for their security or to protect them from intimidation or retaliation;

    • (d) society’s interest in encouraging the reporting of offences and the participation of victims, witnesses and justice system participants in the criminal justice process;

    • (e) whether effective alternatives are available to protect the identity of the victim, witness or justice system participant;

  • Marginal note:1999, c. 25, s. 2(3)

    (5) Paragraph 486(4.9)(c) of the Act is replaced by the following:

    • (c) any other information that could identify the person to whom the application relates as a victim, witness or justice system participant in the proceedings.

Marginal note:1997, c. 23, s. 15
  •  (1) The portion of subsection 490.1(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Order of forfeiture of property on conviction
    • 490.1 (1) Subject to sections 490.3 to 490.41, where a person is convicted of an indictable offence under this Act and, on application of the Attorney General, the court is satisfied, on a balance of probabilities, that any property is offence-related property and that the offence was committed in relation to that property, the court shall

  • Marginal note:1997, c. 23, s. 15

    (2) Subsections 490.1(2) and (3) of the Act are replaced by the following:

    • Marginal note:Property related to other offences

      (2) Subject to sections 490.3 to 490.41, where the evidence does not establish to the satisfaction of the court that the indictable offence under this Act of which a person has been convicted was committed in relation to property in respect of which an order of forfeiture would otherwise be made under subsection (1) but the court is satisfied, beyond a reasonable doubt, that the property is offence-related property, the court may make an order of forfeiture under subsection (1) in relation to that property.

    • Marginal note:Property outside Canada

      (2.1) An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.

    • Marginal note:Appeal

      (3) A person who has been convicted of an indictable offence under this Act or the Attorney General may appeal to the court of appeal from an order or a failure to make an order under subsection (1) as if the appeal were an appeal against the sentence imposed on the person in respect of the offence.

Marginal note:1997, c. 23, s. 15
  •  (1) Subsections 490.2(1) and (2) of the Act are replaced by the following:

    Marginal note:Application for in rem forfeiture
    • 490.2 (1) Where an information has been laid in respect of an indictable offence under this Act, the Attorney General may make an application to a judge for an order of forfeiture under subsection (2).

    • Marginal note:Order of forfeiture of property

      (2) Subject to sections 490.3 to 490.41, where an application is made to a judge under subsection (1) and the judge is satisfied

      • (a) beyond a reasonable doubt that any property is offence-related property,

      • (b) that proceedings in respect of an indictable offence under this Act in relation to the property referred to in paragraph (a) were commenced, and

      • (c) that the accused charged with the offence has died or absconded,

      the judge shall order that the property be forfeited and disposed of in accordance with subsection (4).

  • Marginal note:1997, c. 23, s. 15

    (2) The portion of subsection 490.2(3) of the English version of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Accused deemed absconded

      (3) For the purpose of subsection (2), an accused is deemed to have absconded in connection with the indictable offence if

  • Marginal note:1997, c. 23, s. 15

    (3) Paragraph 490.2(3)(a) of the French version of the Act is replaced by the following:

    • a) elle a fait l’objet d’une dénonciation l’accusant de l’acte criminel;

  • (4) Section 490.2 of the Act is amended by adding the following after subsection (4):

    • Marginal note:Property outside Canada

      (4.1) An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.

Marginal note:1997, c. 23, s. 15
  •  (1) Paragraph 490.4(2)(c) of the Act is replaced by the following:

    • (c) set out the offence charged and a description of the property.

  • Marginal note:1997, c. 23, s. 15

    (2) Paragraph 490.4(3)(a) of the Act is replaced by the following:

    • (a) a person who was charged with an indictable offence under this Act, or

 The Act is amended by adding the following after section 490.4:

Marginal note:Notice
  • 490.41 (1) Where all or part of offence-related property that would otherwise be forfeited under subsection 490.1(1) or 490.2(2) is a dwelling-house, before making an order of forfeiture, a court shall require notice in accordance with subsection (2) to be given to, and may hear, any person who resides in the dwelling-house and is a member of the immediate family of the person charged with or convicted of the indictable offence under this Act in relation to which the property would be forfeited.

  • Marginal note:Manner of giving notice

    (2) A notice shall

    • (a) be given or served in the manner that the court directs or that may be specified in the rules of the court;

    • (b) be of any duration that the court considers reasonable or that may be specified in the rules of the court; and

    • (c) set out the offence charged and a description of the property.

  • Marginal note:Non-forfeiture of property

    (3) Subject to an order made under subsection 490.4(3), if a court is satisfied that the impact of an order of forfeiture made under subsection 490.1(1) or 490.2(2) would be disproportionate to the nature and gravity of the offence, the circumstances surrounding the commission of the offence and the criminal record, if any, of the person charged with or convicted of the offence, as the case may be, it may decide not to order the forfeiture of the property or part of the property and may revoke any restraint order made in respect of that property or part.

  • Marginal note:Factors in relation to dwelling-house

    (4) Where all or part of the property that would otherwise be forfeited under subsection 490.1(1) or 490.2(2) is a dwelling-house, when making a decision under subsection (3), the court shall also consider

    • (a) the impact of an order of forfeiture on any member of the immediate family of the person charged with or convicted of the offence, if the dwelling-house was the member’s principal residence at the time the charge was laid and continues to be the member’s principal residence; and

    • (b) whether the member referred to in paragraph (a) appears innocent of any complicity in the offence or of any collusion in relation to the offence.

Marginal note:1997, c. 23, s. 15
  •  (1) Paragraphs 490.5(1)(a) and (b) of the Act are replaced by the following:

    • (a) in the case of property forfeited pursuant to an order made under subsection 490.1(1), a person who was convicted of the indictable offence in relation to which the property was forfeited,

    • (b) in the case of property forfeited pursuant to an order made under subsection 490.2(2), a person who was charged with the indictable offence in relation to which the property was forfeited, or

  • Marginal note:1997, c. 23, s. 15

    (2) Paragraph 490.5(4)(a) of the Act is replaced by the following:

    • (a) is not a person referred to in paragraph (1)(a), (b) or (c) and appears innocent of any complicity in any indictable offence that resulted in the forfeiture of the property or of any collusion in relation to such an offence, and

Marginal note:1997, c. 23, s. 15
  •  (1) Paragraph 490.8(2)(a) of the Act is replaced by the following:

    • (a) the indictable offence to which the offence-related property relates;

  • Marginal note:1997, c. 23, s. 15

    (2) Subsection 490.8(3) of the Act is replaced by the following:

    • Marginal note:Restraint order

      (3) Where an application for a restraint order is made to a judge under subsection (1), the judge may, if satisfied that there are reasonable grounds to believe that the property is offence-related property, make a restraint order prohibiting any person from disposing of, or otherwise dealing with any interest in, the offence-related property specified in the order otherwise than in the manner that may be specified in the order.

    • Marginal note:Property outside Canada

      (3.1) A restraint order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.

  • Marginal note:1997, c. 23, s. 15

    (3) Paragraph 490.8(8)(a) of the Act is replaced by the following:

    • (a) an order is made under subsection 490(9) or (11), 490.4(3) or 490.41(3) in relation to the property; or

 The Act is amended by adding the following after section 490.8:

Marginal note:Management order
  • 490.81 (1) With respect to offence-related property other than a controlled substance within the meaning of the Controlled Drugs and Substances Act, on application of the Attorney General or of any other person with the written consent of the Attorney General, a judge or justice in the case of offence-related property seized under section 487, or a judge in the case of offence-related property restrained under section 490.8, may, where he or she is of the opinion that the circumstances so require,

    • (a) appoint a person to take control of and to manage or otherwise deal with all or part of the property in accordance with the directions of the judge or justice; and

    • (b) require any person having possession of that property to give possession of the property to the person appointed under paragraph (a).

  • Marginal note:Appointment of Minister of Public Works and Government Services

    (2) When the Attorney General of Canada so requests, a judge or justice appointing a person under subsection (1) shall appoint the Minister of Public Works and Government Services.

  • Marginal note:Power to manage

    (3) The power to manage or otherwise deal with property under subsection (1) includes

    • (a) in the case of perishable or rapidly depreciating property, the power to make an interlocutory sale of that property; and

    • (b) in the case of property that has little or no value, the power to destroy that property.

  • Marginal note:Application for destruction order

    (4) Before a person appointed to manage property destroys property that has little or no value, he or she shall apply to a court for a destruction order.

  • Marginal note:Notice

    (5) Before making a destruction order in relation to any property, a court shall require notice in accordance with subsection (6) to be given to, and may hear, any person who, in the opinion of the court, appears to have a valid interest in the property.

  • Marginal note:Manner of giving notice

    (6) A notice shall

    • (a) be given or served in the manner that the court directs or that may be specified in the rules of the court; and

    • (b) be of any duration that the court considers reasonable or that may be specified in the rules of the court.

  • Marginal note:Order

    (7) A court may order that the property be destroyed if it is satisfied that the property has little or no value, whether financial or other.

  • Marginal note:When management order ceases to have effect

    (8) A management order ceases to have effect when the property that is the subject of the management order is returned in accordance with the law to an applicant or forfeited to Her Majesty.

  • Marginal note:Application to vary conditions

    (9) The Attorney General may at any time apply to the judge or justice to cancel or vary any condition to which a management order is subject, but may not apply to vary an appointment made under subsection (2).

  •  (1) Subsection 515(4.1) of the Act is amended by adding the following after paragraph (b):

    • (b.1) an offence under section 423.1 (intimidation of a justice system participant),

  • Marginal note:1999, c. 25, s. 8(4)

    (2) The portion of subsection 515(4.2) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Additional conditions

      (4.2) Before making an order under subsection (2), in the case of an accused who is charged with an offence described in section 264 or 423.1 or an offence in the commission of which violence against a person was used, threatened or attempted, 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

  • Marginal note:1997, c. 23, s. 16

    (3) Subparagraph 515(6)(a)(ii) of the Act is replaced by the following:

    • (ii) that is an offence under section 467.11, 467.12 or 467.13, or a serious offence alleged to have been committed for the benefit of, at the direction of, or in association with, a criminal organization,

Marginal note:1992, c. 41, s. 1; 1998, c. 9, s. 5

 Subsections 631(3) to (5) of the Act are replaced by the following:

  • Marginal note:To be drawn by clerk of court

    (3) The clerk of the court shall, in open court, draw out the cards referred to in subsection (1), one after another, and shall call out the name and number on each card as it is drawn, until the number of persons who have answered is, in the opinion of the judge, sufficient to provide a full jury after allowing for orders to excuse, challenges and directions to stand by where

    • (a) the array of jurors is not challenged; or

    • (b) the array of jurors is challenged but the judge does not direct a new panel to be returned.

  • Marginal note:Where name not to be called

    (3.1) On application by the prosecutor or on its own motion, the court, or a judge of the court, before which the jury trial is to be held, if it is satisfied that it is in the best interest of the administration of justice to do so, including in order to protect the privacy or safety of the members of the jury, may order that, for the purposes of subsection (3), the clerk of the court shall only call out the number on each card.

  • Marginal note:Juror and other persons to be sworn

    (4) The clerk of the court shall swear each member of the jury in the order in which his or her card was drawn and shall swear any other person providing technical, personal, interpretative or other support services to a juror with a physical disability.

  • Marginal note:Drawing additional cards if necessary

    (5) Where the number of persons who answer under subsection (3) or (3.1) is not sufficient to provide a full jury, the clerk of the court shall proceed in accordance with subsections (3), (3.1) and (4) until twelve jurors are sworn.

  • Marginal note:Ban on publication, etc.

    (6) On application by the prosecutor or on its own motion, the court or judge before which a jury trial is to be held may, if an order under subsection (3.1) has been made, make an order directing that the identity of a juror or any information that could disclose their identity shall not be published in any document or broadcast in any way, if the court or judge is satisfied that such an order is necessary for the proper administration of justice.

Marginal note:1992, c. 41, s. 2

 The portion of section 632 of the Act before paragraph (a) is replaced by the following:

Marginal note:Excusing jurors

632. The judge may, at any time before the commencement of a trial, order that any juror be excused from jury service, whether or not the juror has been called pursuant to subsection 631(3) or (3.1) or any challenge has been made in relation to the juror, for reasons of

Marginal note:1992, c. 41, s. 2

 Section 633 of the Act is replaced by the following:

Marginal note:Stand by

633. The judge may direct a juror who has been called pursuant to subsection 631(3) or (3.1) to stand by for reasons of personal hardship or any other reasonable cause.

Marginal note:1992, c. 41, s. 3

 Section 641 of the Act is replaced by the following:

Marginal note:Calling jurors who have stood by
  • 641. (1) Where a full jury has not been sworn and no cards remain to be drawn, the cards of those who have been directed to stand by shall be drawn again in the order in which their cards were drawn and they shall be sworn, unless excused by the judge or challenged by the accused or the prosecutor.

  • Marginal note:Other jurors becoming available

    (2) Where, before a juror is sworn pursuant to subsection (1), other jurors in the panel become available, the prosecutor may require the cards of those jurors to be put into and drawn from the box in accordance with section 631, and those jurors shall be challenged, directed to stand by, excused or sworn, as the case may be, before the jurors who were originally directed to stand by are called again.

Marginal note:1992, c. 41, s. 5

 Subsections 643(1) and (2) of the Act are replaced by the following:

Marginal note:Who shall be jury
  • 643. (1) The twelve jurors whose cards are drawn and who are sworn in accordance with this Part shall be the jury to try the issues of the indictment, and the jurors so drawn and sworn shall be kept apart until the jury gives its verdict or until it is discharged. Their cards shall then be returned to the box as often as occasion arises, as long as an issue remains to be tried before a jury.

  • Marginal note:Same jury may try another issue by consent

    (2) The court may try an issue with the same jury in whole or in part that previously tried or was drawn to try another issue, without the jurors being sworn again, but if the prosecutor or the accused objects to any of the jurors or the court excuses any of the jurors, the court shall order those persons to withdraw and shall direct that the required number of cards to make up a full jury be drawn and, subject to the provisions of this Part relating to challenges, orders to excuse and directions to stand by, the persons whose cards are drawn shall be sworn.

Marginal note:R.S., c. 27 (1st Supp.), s. 133

 Subsection 645(5) of the Act is replaced by the following:

  • Marginal note:Questions reserved for decision in a trial with a jury

    (5) In any case to be tried with a jury, the judge before whom an accused is or is to be tried has jurisdiction, before any juror on a panel of jurors is called pursuant to subsection 631(3) or (3.1) and in the absence of any such juror, to deal with any matter that would ordinarily or necessarily be dealt with in the absence of the jury after it has been sworn.

Marginal note:1997, c. 23, s. 17

 Subparagraph 718.2(a)(iv) of the French version of the Act is replaced by the following:

  • (iv) que l’infraction a été commise au profit ou sous la direction d’une organisation criminelle, ou en association avec elle;

Marginal note:1997, c. 23, s. 18

 Subsection 743.6(1.1) of the Act is replaced by the following:

  • Marginal note:Power of court to delay parole

    (1.1) Notwithstanding section 120 of the Corrections and Conditional Release Act, where an offender receives a sentence of imprisonment of two years or more, including a sentence of imprisonment for life imposed otherwise than as a minimum punishment, on conviction for a criminal organization offence other than an offence under section 467.11, 467.12 or 467.13, the court may order that the portion of the sentence that must be served before the offender may be released on full parole is one half of the sentence or ten years, whichever is less.

  • Marginal note:Power of court to delay parole

    (1.2) Notwithstanding section 120 of the Corrections and Conditional Release Act, where an offender receives a sentence of imprisonment of two years or more, including a sentence of imprisonment for life, on conviction for an offence under section 467.11, 467.12 or 467.13, the court shall order that the portion of the sentence that must be served before the offender may be released on full parole is one half of the sentence or ten years, whichever is less, unless the court is satisfied, having regard to the circumstances of the commission of the offence and the character and circumstances of the offender, that the expression of society’s denunciation of the offence and the objectives of specific and general deterrence would be adequately served by a period of parole ineligibility determined in accordance with the Corrections and Conditional Release Act.

Marginal note:1997, c. 23, s. 19
  •  (1) Subsection 810.01(1) of the Act is replaced by the following:

    Marginal note:Fear of criminal organization offence, etc.
    • 810.01 (1) A person who fears on reasonable grounds that another person will commit an offence under section 423.1 or a criminal organization offence may, with the consent of the Attorney General, lay an information before a provincial court judge.

  • (2) Subsection 810.01(3) of the Act is replaced by the following:

    • Marginal note:Adjudication

      (3) The provincial court judge before whom the parties appear may, if satisfied by the evidence adduced that the informant has reasonable grounds for the fear, order that the defendant enter into a recognizance to keep the peace and be of good behaviour for any period that does not exceed twelve months and to comply with any other reasonable conditions prescribed in the recognizance, including the conditions set out in subsection (5), that the provincial court judge considers desirable for preventing the commission of an offence referred to in subsection (1).

Marginal note:Review of sections 25.1 to 25.4 of the Criminal Code

 Within three years after this section comes into force, a review of sections 25.1 to 25.4 of the Criminal Code and their operation shall be undertaken by any committee of the Senate, of the House of Commons or of both Houses of Parliament that is designated or established for that purpose.

CONSEQUENTIAL AMENDMENTS

1996, c. 19Controlled Drugs and Substances Act

Marginal note:

 The definition “offence-related property” in subsection 2(1) of the Controlled Drugs and Substances Act is replaced by the following:

“offence-related property”

« bien infractionnel »

“offence-related property” means, with the exception of a controlled substance, any property, within or outside Canada,

  • (a) by means of or in respect of which a designated substance offence is committed,

  • (b) that is used in any manner in connection with the commission of a designated substance offence, or

  • (c) that is intended for use for the purpose of committing a designated substance offence;

Marginal note:1997, c. 18, par. 140(b), (c)(i); 1999, c. 5, s. 48

 Sections 8 and 9 of the Act are repealed.

Marginal note:1996, c. 19, s. 93.2
  •  (1) Subsections 14(3) and (4) of the Act are replaced by the following:

    • Marginal note:Restraint order

      (3) Where an application for a restraint order is made to a judge under subsection (1), the judge may, if satisfied that there are reasonable grounds to believe that the property is offence-related property, make a restraint order prohibiting any person from disposing of, or otherwise dealing with any interest in, the offence-related property specified in the order otherwise than in such manner as may be specified in the order.

    • Marginal note:Property outside Canada

      (4) A restraint order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.

  • (2) Paragraph 14(9)(a) of the Act is replaced by the following:

    • (a) an order is made under subsection 19(3) or 19.1(3) of this Act or subsection 490(9) or (11) of the Criminal Code in relation to the property; or

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

Marginal note:Management order
  • 14.1 (1) On application of the Attorney General or of any other person with the written consent of the Attorney General, a justice in the case of offence-related property seized under section 11, or a judge in the case of offence-related property restrained under section 14, may, where he or she is of the opinion that the circumstances so require,

    • (a) appoint a person to take control of and to manage or otherwise deal with all or part of the property in accordance with the directions of the judge or justice; and

    • (b) require any person having possession of that property to give possession of the property to the person appointed under paragraph (a).

  • Marginal note:Appointment of Minister of Public Works and Government Services

    (2) When the Attorney General of Canada so requests, a judge or justice appointing a person under subsection (1) shall appoint the Minister of Public Works and Government Services.

  • Marginal note:Power to manage

    (3) The power to manage or otherwise deal with property under subsection (1) includes

    • (a) in the case of perishable or rapidly depreciating property, the power to make an interlocutory sale of that property; and

    • (b) in the case of property that has little or no value, the power to destroy that property.

  • Marginal note:Application for destruction order

    (4) Before a person appointed to manage property destroys property that has little or no value, he or she shall apply to a court for a destruction order.

  • Marginal note:Notice

    (5) Before making a destruction order in relation to any property, a court shall require notice in accordance with subsection (6) to be given to, and may hear, any person who, in the opinion of the court, appears to have a valid interest in the property.

  • Marginal note:Manner of giving notice

    (6) A notice shall

    • (a) be given or served in the manner that the court directs or that may be specified in the rules of the court; and

    • (b) be of any duration that the court considers reasonable or that may be specified in the rules of the court.

  • Marginal note:Order

    (7) A court may order that the property be destroyed if it is satisfied that the property has little or no value, whether financial or other.

  • Marginal note:When management order ceases to have effect

    (8) A management order ceases to have effect when the property that is the subject of the management order is returned in accordance with the law to an applicant or forfeited to Her Majesty.

  • Marginal note:Application to vary conditions

    (9) The Attorney General may at any time apply to the judge or justice to cancel or vary any condition to which a management order is subject but may not apply to vary an appointment made under subsection (2).

  •  (1) The portion of subsection 16(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Order of forfeiture of property on conviction
    • 16. (1) Subject to sections 18 to 19.1, where a person is convicted of a designated substance offence and, on application of the Attorney General, the court is satisfied, on a balance of probabilities, that any property is offence-related property and that the offence was committed in relation to that property, the court shall

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

    • Marginal note:Property related to other offences

      (2) Subject to sections 18 to 19.1, where the evidence does not establish to the satisfaction of the court that the designated substance offence of which a person has been convicted was committed in relation to property in respect of which an order of forfeiture would otherwise be made under subsection (1) but the court is satisfied, beyond a reasonable doubt, that that property is offence-related property, the court may make an order of forfeiture under subsection (1) in relation to that property.

    • Marginal note:Property outside Canada

      (2.1) An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.

  •  (1) The portion of subsection 17(2) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Order of forfeiture of property

      (2) Subject to sections 18 to 19.1, where an application is made to a judge under subsection (1) and the judge is satisfied

  • (2) Section 17 of the Act is amended by adding the following after subsection (4):

    • Marginal note:Property outside Canada

      (5) An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.

 The Act is amended by adding the following after section 19:

Marginal note:Notice
  • 19.1 (1) Where all or part of offence-related property that would otherwise be forfeited under subsection 16(1) or 17(2) is a dwelling-house, before making an order of forfeiture, a court shall require notice in accordance with subsection (2) to be given to, and may hear, any person who resides in the dwelling-house and is a member of the immediate family of the person charged with or convicted of the indictable offence under this Act in relation to which the property would be forfeited.

  • Marginal note:Manner of giving notice

    (2) A notice shall

    • (a) be given or served in the manner that the court directs or that may be specified in the rules of the court;

    • (b) be of any duration that the court considers reasonable or that may be specified in the rules of the court; and

    • (c) set out the offence charged and a description of the property.

  • Marginal note:Non-forfeiture of real property

    (3) Subject to an order made under subsection 19(3), if a court is satisfied that the impact of an order of forfeiture made under subsection 16(1) or 17(2) in respect of real property would be disproportionate to the nature and gravity of the offence, the circumstances surrounding the commission of the offence and the criminal record, if any, of the person charged with or convicted of the offence, as the case may be, it may decide not to order the forfeiture of the property or part of the property and may revoke any restraint order made in respect of that property or part.

  • Marginal note:Factors in relation to dwelling-house

    (4) Where all or part of the property that would otherwise be forfeited under subsection 16(1) or 17(2) is a dwelling-house, when making a decision under subsection (3), the court shall also consider

    • (a) the impact of an order of forfeiture on any member of the immediate family of the person charged with or convicted of the offence, if the dwelling-house was the member’s principal residence at the time the charge was laid and continues to be the member’s principal residence; and

    • (b) whether the member referred to in paragraph (a) appears innocent of any complicity in the offence or of any collusion in relation to the offence.

 Section 23 of the Act and the heading before it are repealed.

 Section 55 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Regulations pertaining to law enforcement under other Acts of Parliament

    (2.1) The Governor in Council, on the recommendation of the Solicitor General of Canada, may, for the purpose of an investigation or other law enforcement activity conducted under another Act of Parliament, make regulations authorizing a member of a police force or other person under the direction and control of such a member to commit an act or omission — or authorizing a member of a police force to direct the commission of an act or omission — that would otherwise constitute an offence under Part I or the regulations and, without restricting the generality of the foregoing, may make regulations

    • (a) authorizing the Solicitor General of Canada, or the provincial minister responsible for policing in a province, to designate a police force within the Solicitor General’s jurisdiction or the minister’s jurisdiction, as the case may be, for the purposes of this subsection;

    • (b) exempting, on such terms and conditions as may be specified in the regulations, a member of a police force that has been designated pursuant to paragraph (a) and other persons acting under the direction and control of the member from the application of any provision of Part I or the regulations;

    • (c) respecting the issuance, suspension, cancellation, duration and terms and conditions of a certificate, other document or, in exigent circumstances, an approval to obtain a certificate or other document, that is issued to a member of a police force that has been designated pursuant to paragraph (a) for the purpose of exempting the member from the application of Part I or the regulations;

    • (d) respecting the detention, storage, disposal or other dealing with any controlled substance or precursor;

    • (e) respecting records, reports, electronic data or other documents in respect of a controlled substance or precursor that are required to be kept and provided by any person or class of persons; and

    • (f) prescribing forms for the purposes of the regulations.

 Section 61 of the Act is replaced by the following:

Marginal note:References to prior enactments

61. Any reference in a designation by the Solicitor General of Canada under Part VI of the Criminal Code to an offence contrary to the Narcotic Control Act or Part III or IV of the Food and Drugs Act or any conspiracy or attempt to commit or being an accessory after the fact or any counselling in relation to such an offence shall be deemed to be a reference to an offence contrary to section 5 (trafficking), 6 (importing and exporting) or 7 (production) of this Act, as the case may be, or a conspiracy or attempt to commit or being an accessory after the fact or any counselling in relation to such an offence.

1992, c. 20Corrections and Conditional Release Act

Marginal note:1996, c. 19, s. 64

 Paragraphs 3(d) and (e) of Schedule II to the Corrections and Conditional Release Act are repealed.

1998, c. 34Corruption of Foreign Public Officials Act

 Sections 4 to 7 of the Corruption of Foreign Public Officials Act are repealed.

2000, c. 24Crimes Against Humanity and War Crimes Act

 Subsection 9(3) of the Crimes Against Humanity and War Crimes Act is replaced by the following:

  • Marginal note:Personal consent of Attorney General

    (3) No proceedings for an offence under any of sections 4 to 7 of this Act, or under section 354 or subsection 462.31(1) of the Criminal Code in relation to property or proceeds obtained or derived directly or indirectly as a result of the commission of an offence under this Act, may be commenced without the personal consent in writing of the Attorney General or Deputy Attorney General of Canada, and those proceedings may be conducted only by the Attorney General of Canada or counsel acting on their behalf.

 The heading before section 27 and sections 27 to 29 of the Act are repealed.

 Section 31 of the Act is replaced by the following:

Marginal note:Credits to Fund

31. The Minister of Public Works and Government Services shall pay into the Crimes Against Humanity Fund

  • (a) the net amount received from the disposition of any property referred to in subsections 4(1) to (3) of the Seized Property Management Act that is

    • (i) proceeds of crime within the meaning of subsection 462.3(1) of the Criminal Code, obtained or derived directly or indirectly as a result of the commission of an offence under this Act, and

    • (ii) forfeited to Her Majesty and disposed of by that Minister; and

  • (b) any amount paid or recovered as a fine imposed under subsection 462.37(3) of the Criminal Code in substitution for the property referred to in paragraph (a).

R.S., c. 1 (2nd Supp.)Customs Act

Marginal note:1993, c. 25, s. 89; 1997, c. 18, ss. 119, 120

 The heading before section 163.1 and sections 163.1 to 163.3 of the Customs Act are repealed.

R.S., c. E-14Excise Act

Marginal note:1993, c. 25, s. 31

 Section 2.1 of the Excise Act is replaced by the following:

Marginal note:Possession

2.1 For the purposes of subsections 225(1) and (3) and 235(3), section 239.1 and subsections 240(1) and (2), where one of two or more persons, with the knowledge and consent of the rest, has anything in the person’s possession, it shall be deemed to be in the custody and possession of each and all of them.

Marginal note:1993, c. 25, s. 38; 1997, c. 18, ss. 121, 122

 The heading before section 126.1 and sections 126.1 to 126.3 of the Act are repealed.

R.S., c. 30 (4th Supp.)Mutual Legal Assistance in Criminal Matters Act

 The Mutual Legal Assistance in Criminal Matters Act is amended by adding the following after section 9.2:

Foreign Orders for Restraint, Seizure and Forfeiture of Property in Canada

Marginal note:Orders for restraint or seizure
  • 9.3 (1) When a written request is presented to the Minister by a state or entity, other than the International Criminal Court referred to in section 9.1, for the enforcement of an order for the restraint or seizure of property situated in Canada issued by a court of criminal jurisdiction of the state or entity, the Minister may authorize the Attorney General of Canada or an attorney general of a province to make arrangements for the enforcement of the order.

  • Marginal note:Filing of order

    (2) On receipt of an authorization, the Attorney General of Canada or an attorney general of a province may file a copy of the order with the superior court of criminal jurisdiction of the province in which the property that is the subject of the order is believed to be located. On being filed, the order shall be entered as a judgment of that court and may be executed anywhere in Canada.

  • Marginal note:Conditions

    (3) Before filing an order, the Attorney General of Canada or an attorney general of a province must be satisfied that

    • (a) the person has been charged with an offence within the jurisdiction of the state or entity; and

    • (b) the offence would be an indictable offence if it were committed in Canada.

  • Marginal note:Effect of registered order

    (4) On being filed,

    • (a) an order for the seizure of proceeds of crime may be enforced as if it were a warrant issued under subsection 462.32(1) of the Criminal Code;

    • (b) an order for the restraint of proceeds of crime may be enforced as if it were an order made under subsection 462.33(3) of the Criminal Code;

    • (c) an order for the seizure of offence-related property may be enforced as if it were a warrant issued under subsection 487(1) of the Criminal Code or subsection 11(1) of the Controlled Drugs and Substances Act, as the case may be; and

    • (d) an order for the restraint of offence-related property may be enforced as if it were an order made under subsection 490.8(3) of the Criminal Code or subsection 14(3) of the Controlled Drugs and Substances Act, as the case may be.

  • Marginal note:Filing of amendments

    (5) When an order is filed under subsection (2), a copy of any amendments made to the order may be filed in the same way as the order, and the amendments do not, for the purpose of this Act, have effect until they are registered.

Marginal note:Orders of forfeiture
  • 9.4 (1) When a written request is presented to the Minister by a state or entity, other than the International Criminal Court referred to in section 9.1, for the enforcement of an order of forfeiture of property situated in Canada issued by a court of criminal jurisdiction of the state or entity, the Minister may authorize the Attorney General of Canada or an attorney general of a province to make arrangements for the enforcement of the order.

  • Marginal note:Grounds for refusal of request

    (2) The Minister shall refuse the request if he or she

    • (a) has reasonable grounds to believe that the request has been made for the purpose of punishing a person by reason of their race, sex, sexual orientation, religion, nationality, ethnic origin, language, colour, age, mental or physical disability or political opinion;

    • (b) is of the opinion that enforcement of the order would prejudice an ongoing proceeding or investigation;

    • (c) is of the opinion that enforcement of the order would impose an excessive burden on the resources of federal, provincial or territorial authorities;

    • (d) is of the opinion that enforcement of the order might prejudice Canada’s security, national interest or sovereignty; or

    • (e) is of the opinion that refusal of the request is in the public interest.

  • Marginal note:Filing of order

    (3) On receipt of an authorization, the Attorney General of Canada or an attorney general of a province may file a copy of the order with the superior court of criminal jurisdiction of the province in which all or part of the property that is the subject of the order is believed to be located. On being filed, the order shall be entered as a judgment of that court and may be executed anywhere in Canada.

  • Marginal note:Deemed filing

    (4) An order that is filed under subsection (3) by an attorney general of a province is deemed to be filed by the Attorney General of Canada.

  • Marginal note:Conditions

    (5) Before filing an order, the Attorney General of Canada or an attorney general of a province must be satisfied that

    • (a) the person has been convicted of an offence within the jurisdiction of the state or entity;

    • (b) the offence would be an indictable offence if it were committed in Canada; and

    • (c) the conviction and the order are not subject to further appeal.

  • Marginal note:Effect of registered order

    (6) From the date it is filed under subsection (3), subject to subsection (4),

    • (a) an order of forfeiture of proceeds of crime has the same effect as if it were an order under subsection 462.37(1) or 462.38(2) of the Criminal Code; and

    • (b) an order for the forfeiture of offence-related property has the same effect as if it were an order under subsection 490.1(1) or 490.2(2) of the Criminal Code or subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act, as the case may be.

  • Marginal note:Filing of amendments

    (7) When an order is filed under subsection (3), a copy of any amendments made to the order may be filed in the same way as the order, and the amendments do not, for the purpose of this Act, have effect until they are registered.

  • Marginal note:Notice

    (8) When an order has been filed under subsection (3),

    • (a) an order of forfeiture of proceeds of crime shall not be executed before notice in accordance with subsection 462.41(2) of the Criminal Code has been given to any person who, in the opinion of the court, appears to have a valid interest in the property; and

    • (b) an order of forfeiture of offence-related property shall not be executed before

      • (i) notice in accordance with subsection 490.41(2) of the Criminal Code or section 19.1(2) of the Controlled Drugs and Substances Act has been given to any person who resides in a dwelling-house that is offence-related property and who is a member of the immediate family of the person charged with or convicted of the offence in relation to which property would be forfeited, and

      • (ii) notice in accordance with subsection 490.4(2) of the Criminal Code or subsection 19(2) of the Controlled Drugs and Substances Act has been given to any person who, in the opinion of the court, appears to have a valid interest in the property.

  • Marginal note:Application of Criminal Code

    (9) Subsection 462.41(3) and section 462.42 of the Criminal Code apply, with any modifications that the circumstances require, to a person who claims an interest in proceeds of crime, and subsections 490.4(3) and 490.41(3) and section 490.5 of the Criminal Code and subsections 19(3) and 20(4) of the Controlled Drugs and Substances Act apply, with any modifications that the circumstances require, to a person who claims an interest in offence-related property.

  • Marginal note:Presumption

    (10) A person who is convicted of an offence in relation to which an order of forfeiture is issued by a court of criminal jurisdiction of a state or entity is deemed to be a person referred to in paragraph 462.41(3)(a) or 462.42(1)(a) of the Criminal Code.

  • Marginal note:Seized Property Management Act applies

    (11) The provisions of the Seized Property Management Act apply in respect of all property forfeited under this section.

  •  (1) Subsection 18(2) of the Act is amended by striking out the word “and” at the end of paragraph (b), by adding the word “and” at the end of paragraph (c) and by adding the following after paragraph (c):

    • (d) order a person named in it to answer any question and to produce any record or thing to the person designated under paragraph (c) in accordance with the laws of evidence and procedure in the state or entity that presented the request.

  • (2) Subsection 18(3) of the Act is replaced by the following:

    • Marginal note:Designation of judge

      (3) For greater certainty, under paragraph (2)(c), a judge who makes an order under subsection (1) may designate himself or herself — either alone or with another person, including another judge — or may designate another person, including another judge.

  • Marginal note:2000, c. 24, s. 63(2)

    (3) Subsection 18(7) of the Act is replaced by the following:

    • Marginal note:Refusal to comply

      (7) A person named in an order made under subsection (1) may refuse to answer any question or to produce a record or thing to the person designated under paragraph (2)(c) if

      • (a) answering the question or producing the record or thing would disclose information that is protected by the Canadian law of non-disclosure of information or privilege;

      • (b) requiring the person to answer the question or to produce the record or thing would constitute a breach of a privilege recognized by a law in force in the state or entity that presented the request; or

      • (c) answering the question or producing the record or thing would constitute the commission by the person of an offence against a law in force in the state or entity that presented the request.

R.S., c. N-5National Defence Act

Marginal note:1998, c. 35, s. 1(4)
  •  (1) The definitions “acte de gangstérisme” and “gang” in subsection 2(1) of the French version of the National Defence Act are repealed.

  • Marginal note:1998, c. 35, s. 1(4)

    (2) The definitions “criminal organization” and “criminal organization offence” in subsection 2(1) of the English version of the Act are replaced by the following:

    “criminal organization”

    « organisation criminelle »

    “criminal organization” has the same meaning as in subsection 467.1(1) of the Criminal Code;

    “criminal organization offence”

    « infraction d’organisation criminelle »

    “criminal organization offence” means

    • (a) an offence under section 467.11, 467.12 or 467.13 of the Criminal Code, or a serious offence committed for the benefit of, at the direction of, or in association with, a criminal organization, or

    • (b) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a);

  • (3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

    “serious offence”

    « infraction grave »

    “serious offence” means an offence under this Act or an indictable offence under any other Act of Parliament, for which the maximum punishment is imprisonment for five years or more, or an offence that is prescribed by regulation under subsection 467.1(4) of the Criminal Code;

  • (4) Subsection 2(1) of the French version of the Act is amended by adding the following in alphabetical order:

    « infraction d’organisation criminelle »

    “criminal organization offence”

    « infraction d’organisation criminelle »

    • ainfraction d’organisation criminelleSoit une infraction prévue aux articles 467.11, 467.12 ou 467.13 du Code criminel ou une infraction grave commise au profit ou sous la direction d’une organisation criminelle, ou en association avec elle;

    • b) soit le complot ou la tentative en vue de commettre une telle infraction ou le fait d’en être complice après le fait ou d’en conseiller la perpétration.

    « organisation criminelle »

    “criminal organization”

    organisation criminelle S’entend au sens du paragraphe 467.1(1) du Code criminel.

Marginal note:1998, c. 35, s. 36

 Subsection 140.4(3) of the French version of the Act is replaced by the following:

  • Marginal note:Exception dans le cas d’une organisation criminelle

    (3) Par dérogation au paragraphe 120(1) de la Loi sur le système correctionnel et la mise en liberté sous condition, la cour martiale peut ordonner que la personne condamnée sur déclaration de culpabilité sous le régime de la présente loi pour une infraction d’organisation criminelle à une peine d’emprisonnement minimale de deux ans — y compris une peine d’emprisonnement à perpétuité à condition que cette peine n’ait pas constitué un minimum en l’occurrence — purge, avant d’être admissible à la libération conditionnelle totale, la moitié de sa peine jusqu’à concurrence de dix ans.

1991, c. 26Proceeds of Crime (money laundering) Act

Marginal note:1996, c. 19, s. 84

 Section 2 of the Proceeds of Crime (money laundering) Act is replaced by the following:

Marginal note:Object of Act

2. The object of this Act is to establish record-keeping requirements in the financial field in order to facilitate the investigation and prosecution of offences under subsection 462.31(1) of the Criminal Code.

2000, c. 17Proceeds of Crime (Money Laundering) Act

Marginal note:2000, c. 24, s. 76.1(1)

 The definition “money laundering offence” in section 2 of the Proceeds of Crime (Money Laundering) Act is replaced by the following:

“money laundering offence”

« infraction de recyclage des produits de la criminalité »

“money laundering offence” means an offence under subsection 462.31(1) of the Criminal Code.

 Subsection 18(2) of the Act is replaced by the following:

  • Marginal note:Return of seized currency or monetary instruments

    (2) The officer shall, on payment of a penalty in the prescribed amount, return the seized currency or monetary instruments to the person from whom they were seized or to the lawful owner unless the officer has reasonable grounds to suspect that the currency or monetary instruments are proceeds of crime within the meaning of subsection 462.3(1) of the Criminal Code.

 The definition “judge” in subsection 60(17) of the Act is replaced by the following:

“judge”

« juge »

“judge” means a provincial court judge as defined in section 2 of the Criminal Code or a judge as defined in subsection 462.3(1) of that Act.

1993, c. 37Seized Property Management Act

Marginal note:
  •  (1) The definition “enterprise crime offence” in section 2 of the Seized Property Management Act is repealed.

  • Marginal note:1996, c. 19, s. 85

    (2) The definition “designated substance offence” in section 2 of the English version of the Act is repealed.

  • Marginal note:1996, c. 19, s. 85

    (3) The definitions “proceeds of crime”, “restrained property” and “seized property” in section 2 of the Act are replaced by the following:

    “proceeds of crime”

    « produits de la criminalité »

    “proceeds of crime” has the same meaning as in subsection 462.3(1) of the Criminal Code;

    “restrained property”

    « biens bloqués »

    “restrained property” means any property that is the subject of a restraint order made under section 462.33 or 490.8 of the Criminal Code or section 14 of the Controlled Drugs and Substances Act;

    “seized property”

    « biens saisis »

    “seized property” means any property seized under the authority of any Act of Parliament or pursuant to any warrant or any rule of law in connection with any designated offence;

  • Marginal note:1996, c. 19, s. 85

    (4) The definition “infraction désignée” in section 2 of the French version of the Act is replaced by the following:

    « infraction désignée »

    “designated offence”

    infraction désignée S’entend au sens du paragraphe 462.3(1) du Code criminel.

  • (5) Section 2 of the English version of the Act is amended by adding the following in alphabetical order:

    “designated offence”

    « infraction désignée »

    “designated offence” has the same meaning as in subsection 462.3(1) of the Criminal Code;

Marginal note:1996, c. 19, s. 86
  •  (1) The portion of section 3 of the Act before subparagraph (b)(ii) is replaced by the following:

    Marginal note:Purposes of Act

    3. The purposes of this Act are

    • (a) to authorize the Minister to provide consultative and other services to law enforcement agencies in relation to the seizure or restraint of property in connection with designated offences, or property that is or may be proceeds of crime or offence-related property;

    • (b) to authorize the Minister to manage certain property

      • (i) seized in connection with designated offences,

  • (2) Subparagraph 3(b)(iii) of the Act is replaced by the following:

Marginal note:1997, c. 18, s. 135(F)

 Paragraphs 4(1)(a) and (b) of the Act are replaced by the following:

 Subsection 5(1) of the Act is replaced by the following:

Marginal note:Transfer of property
  • 5. (1) Every person who has control of any property that is subject to a management order issued under subsection 462.331(1) or 490.81(1) of the Criminal Code, subsection 14.1(1) of the Controlled Drugs and Substances Act or subsection 7(1) of this Act shall, as soon as practicable after the order is issued, transfer the control of the property to the Minister, except for any property or any part of the property that is needed as evidence or is necessary for the purposes of an investigation.

 Subsection 7(2) of the Act is replaced by the following:

  • Marginal note:Power to manage

    (2) The power of the Minister in respect of any seized property that is the subject of a management order includes

    • (a) in the case of perishable or rapidly depreciating property, the power to make an interlocutory sale of that property; and

    • (b) in the case of property that has little or no value, the power to destroy that property.

  • Marginal note:Application for destruction order

    (2.1) Before the Minister destroys property that has little or no value, he or she shall apply to a court for a destruction order.

  • Marginal note:Notice

    (2.2) Before making a destruction order in relation to any property, a court shall require notice in accordance with subsection (2.3) to be given to, and may hear, any person who, in the opinion of the court, appears to have a valid interest in the property.

  • Marginal note:Manner of giving notice

    (2.3) A notice shall

    • (a) be given or served in the manner that the court directs or that may be specified in the rules of the court; and

    • (b) be of any duration that the court considers reasonable or that may be specified in the rules of the court.

  • Marginal note:Order

    (2.4) A court may order that the property be destroyed if it is satisfied that the property has little or no value, whether financial or other.

Marginal note:1996, c. 19, s. 89(1)

 Paragraph 9(a) of the Act is replaced by the following:

  • (a) provide consultative and other services to law enforcement agencies in relation to the seizure or restraint of any property in connection with designated offences, or any property that is or may be proceeds of crime or offence-related property;

Marginal note:1996, c. 19, s. 91

 Paragraph 11(a) of the Act is replaced by the following:

  • (a) the proceeds of disposition of

    • (i) property forfeited to Her Majesty pursuant to subsection 462.37(1) or (2) or 462.38(2), subparagraph 462.43(c)(iii) or subsection 490.1(1) or 490.2(2) of the Criminal Code or subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act, or

    • (ii) property that is or was the subject of a management order and that was forfeited pursuant to subsection 490(9) of the Criminal Code

    and the proceeds arising from the disposition of property by that foreign state, and

COORDINATING AMENDMENTS

Marginal note:2000, c. 17

 On the later of the coming into force of subparagraph 11(a)(i) of the Seized Property Management Act, as enacted by section 96 of the Proceeds of Crime (Money Laundering) Act, and section 79 of this Act, subparagraph 11(a)(i) of the Seized Property Management Act is replaced by the following:

  • (i) property forfeited to Her Majesty under subsection 462.37(1) or (2) or 462.38(2), subparagraph 462.43(c)(iii) or subsection 490.1(1) or 490.2(2) of the Criminal Code, subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act or the Proceeds of Crime (Money Laundering) Act, or

Marginal note:Bill C-11
  •  (1) If Bill C-11, introduced in the 1st session of the 37th Parliament and entitled the Immigration and Refugee Protection Act (the “other Act”), receives royal assent, then the provisions mentioned in subsections (2) and (3) are amended as provided in those subsections.

  • Marginal note:Criminal Code — section 183 replaced

    (2) On the later of the coming into force of section 4 of this Act and section 245 of the other Act, the definition “offence” in section 183 of the Criminal Code is replaced by the following:

    “offence”

    « infraction »

    “offence” means an offence contrary to, any conspiracy or attempt to commit or being an accessory after the fact in relation to an offence contrary to, or any counselling in relation to an offence contrary to

    • (a) any of the following provisions of this Act, namely,

      • (i) section 47 (high treason),

      • (ii) section 51 (intimidating Parliament or a legislature),

      • (iii) section 52 (sabotage),

      • (iv) section 57 (forgery, etc.),

      • (v) section 61 (sedition),

      • (vi) section 76 (hijacking),

      • (vii) section 77 (endangering safety of aircraft or airport),

      • (viii) section 78 (offensive weapons, etc., on aircraft),

      • (ix) section 78.1 (offences against maritime navigation or fixed platforms),

      • (x) section 80 (breach of duty),

      • (xi) section 81 (using explosives),

      • (xii) section 82 (possessing explosives),

      • (xiii) section 96 (possession of weapon obtained by commission of offence),

      • (xiv) section 99 (weapons trafficking),

      • (xv) section 100 (possession for purpose of weapons trafficking),

      • (xvi) section 102 (making automatic firearm),

      • (xvii) section 103 (importing or exporting knowing it is unauthorized),

      • (xviii) section 104 (unauthorized importing or exporting),

      • (xix) section 119 (bribery, etc.),

      • (xx) section 120 (bribery, etc.),

      • (xxi) section 121 (fraud on government),

      • (xxii) section 122 (breach of trust),

      • (xxiii) section 123 (municipal corruption),

      • (xxiv) section 132 (perjury),

      • (xxv) section 139 (obstructing justice),

      • (xxvi) section 144 (prison breach),

      • (xxvii) subsection 145(1) (escape, etc.),

      • (xxviii) paragraph 163(1)(a) (obscene materials),

      • (xxix) section 163.1 (child pornography),

      • (xxx) section 184 (unlawful interception),

      • (xxxi) section 191 (possession of intercepting device),

      • (xxxii) subsection 201(1) (keeping gaming or betting house),

      • (xxxiii) paragraph 202(1)(e) (pool-selling, etc.),

      • (xxxiv) subsection 210(1) (keeping common bawdy house),

      • (xxxv) subsection 212(1) (procuring),

      • (xxxvi) subsection 212(2) (procuring),

      • (xxxvii) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of a person under the age of eighteen years),

      • (xxxviii) subsection 212(4) (offence — prostitution of person under eighteen),

      • (xxxix) section 235 (murder),

      • (xl) section 264.1 (uttering threats),

      • (xli) section 267 (assault with a weapon or causing bodily harm),

      • (xlii) section 268 (aggravated assault),

      • (xliii) section 269 (unlawfully causing bodily harm),

      • (xliv) section 271 (sexual assault),

      • (xlv) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm),

      • (xlvi) section 273 (aggravated sexual assault),

      • (xlvii) section 279 (kidnapping),

      • (xlviii) section 279.1 (hostage taking),

      • (xlix) section 280 (abduction of person under sixteen),

      • (l) section 281 (abduction of person under fourteen),

      • (li) section 282 (abduction in contravention of custody order),

      • (lii) section 283 (abduction),

      • (liii) section 318 (advocating genocide),

      • (liv) section 327 (possession of device to obtain telecommunication facility or service),

      • (lv) section 334 (theft),

      • (lvi) section 342 (theft, forgery, etc., of credit card),

      • (lvii) section 342.1 (unauthorized use of computer),

      • (lviii) section 342.2 (possession of device to obtain computer service),

      • (lix) section 344 (robbery),

      • (lx) section 346 (extortion),

      • (lxi) section 347 (criminal interest rate),

      • (lxii) section 348 (breaking and entering),

      • (lxiii) section 354 (possession of property obtained by crime),

      • (lxiv) section 356 (theft from mail),

      • (lxv) section 367 (forgery),

      • (lxvi) section 368 (uttering forged document),

      • (lxvii) section 372 (false messages),

      • (lxviii) section 380 (fraud),

      • (lxix) section 381 (using mails to defraud),

      • (lxx) section 382 (fraudulent manipulation of stock exchange transactions),

      • (lxxi) section 423.1 (intimidation of justice system participant or journalist),

      • (lxxii) section 424 (threat to commit offences against internationally protected person),

      • (lxxiii) section 426 (secret commissions),

      • (lxxiv) section 430 (mischief),

      • (lxxv) section 431 (attack on premises, residence or transport of internationally protected person),

      • (lxxvi) section 433 (arson),

      • (lxxvii) section 434 (arson),

      • (lxxviii) section 434.1 (arson),

      • (lxxix) section 435 (arson for fraudulent purpose),

      • (lxxx) section 449 (making counterfeit money),

      • (lxxxi) section 450 (possession, etc., of counterfeit money),

      • (lxxxii) section 452 (uttering, etc., counterfeit money),

      • (lxxxiii) section 462.31 (laundering proceeds of crime),

      • (lxxxiv) subsection 462.33(11) (acting in contravention of restraint order), or

      • (lxxxv) section 467.11 (participation in criminal organization),

      • (lxxxvi) section 467.12 (commission of offence for criminal organization), or

      • (lxxxvii) section 467.13 (instructing commission of offence for criminal organization),

    • (b) section 198 (fraudulent bankruptcy) of the Bankruptcy and Insolvency Act,

    • (c) any of the following provisions of the Competition Act, namely,

      • (i) section 45 (conspiracy) in relation to any of the matters referred to in paragraphs 45(4)(a) to (d) of that Act,

      • (ii) section 47 (bid-rigging), or

      • (iii) subsection 52.1(3) (deceptive telemarketing),

    • (d) any of the following provisions of the Controlled Drugs and Substances Act, namely,

      • (i) section 5 (trafficking),

      • (ii) section 6 (importing and exporting), or

      • (iii) section 7 (production),

    • (e) section 3 (bribing a foreign public official) of the Corruption of Foreign Public Officials Act,

    • (e.1) the Crimes Against Humanity and War Crimes Act,

    • (f) either of the following provisions of the Customs Act, namely,

      • (i) section 153 (false statements), or

      • (ii) section 159 (smuggling),

    • (g) any of the following provisions of the Excise Act, namely,

      • (i) section 158 (unlawful distillation of spirits),

      • (ii) section 163 (unlawful selling of spirits),

      • (iii) subsection 233(1) (unlawful packaging or stamping), or

      • (iv) subsection 240(1) (unlawful possession or sale of manufactured tobacco or cigars),

    • (h) any of the following provisions of the Export and Import Permits Act, namely,

      • (i) section 13 (export or attempt to export),

      • (ii) section 14 (import or attempt to import),

      • (iii) section 15 (diversion, etc.),

      • (iv) section 16 (no transfer of permits),

      • (v) section 17 (false information), or

      • (vi) section 18 (aiding and abetting),

    • (i) any of the following provisions of the Immigration and Refugee Protection Act, namely,

      • (i) section 117 (organizing entry into Canada),

      • (ii) section 118 (trafficking in persons),

      • (iii) section 119 (disembarking persons at sea),

      • (iv) section 122 (offences related to documents),

      • (v) section 126 (counselling misrepresentation), or

      • (vi) section 129 (offences relating to officers), or

    • (j) section 3 (spying) of the Official Secrets Act,

    and includes any other offence that there are reasonable grounds to believe is a criminal organization offence;

  • Marginal note:Immigration and Refugee Protection Act — sections 130, 131, 132 and 246

    (3) On the latest of the coming into force of subsections 12(5) and (6) of this Act and section 130 of the other Act,

    • (a) section 130 of the other Act is repealed;

    • (b) section 131 of the other Act is replaced by the following:

      Marginal note:Counselling offence

      131. Every person who knowingly induces, aids or abets or attempts to induce, aid or abet any person to contravene section 117, 118, 119, 122, 124 or 129, or who counsels a person to do so, commits an offence and is liable to the same penalty as that person.

    • (c) section 132 of the other Act is repealed; and

    • (d) section 246 of the other Act is repealed.

Marginal note:Bill C-15
  •  (1) If Bill C-15, introduced in the 1st session of the 37th Parliament and entitled the Criminal Law Amendment Act, 2001 (the “other Act”), receives royal assent, then the provisions mentioned in subsections (2) to (4) are amended as provided in those subsections.

  • Marginal note:Criminal Code — section 462.47 (French version) replaced

    (2) On the later of the coming into force of section 25 of this Act and section 25 of the other Act, section 462.47 of the French version of the Criminal Code is replaced by the following:

    Marginal note:Nullité des actions contre les informateurs

    462.47 Il est entendu que, sous réserve de l’article 241 de la Loi de l’impôt sur le revenu, aucune action ne peut être intentée contre une personne pour le motif qu’elle aurait révélé à un agent de la paix ou au procureur général des faits sur lesquels elle se fonde pour avoir des motifs raisonnables de soupçonner que des biens sont des produits de la criminalité ou pour croire qu’une autre personne a commis une infraction désignée ou s’apprête à le faire.

  • Marginal note:Criminal Code — subsection 515(4.1) (French version) replaced

    (3) On the later of the coming into force of subsection 37(1) of this Act and section 32 of the other Act, subsection 515(4.1) of the French version of the Criminal Code is replaced by the following:

    • Marginal note:Condition additionnelle

      (4.1) Lorsqu’il rend une ordonnance en vertu du paragraphe (2) dans le cas d’une infraction perpétrée avec usage, tentative ou menace de violence contre autrui, de l’infraction visée aux articles 264 (harcèlement criminel) ou 423.1 (intimidation d’une personne associée au système judiciaire), d’une infraction aux paragraphes 5(1) ou (2), 6(1) ou (2) ou 7(1) de la Loi réglementant certaines drogues et autres substances ou d’une infraction relative à une arme à feu, une arbalète, une arme prohibée, une arme à autorisation restreinte, un dispositif prohibé, des munitions, des munitions prohibées ou des substances explosives, le juge de paix doit, s’il en arrive à la conclusion qu’il est souhaitable de le faire pour la sécurité du prévenu, de la victime ou de toute autre personne, assortir l’ordonnance d’une condition lui interdisant, jusqu’à ce qu’il soit jugé conformément à la loi, d’avoir en sa possession de tels objets ou l’un ou plusieurs de ceux-ci.

  • Marginal note:Criminal Code — subsections 631(3) to (6) replaced

    (4) On the later of the coming into force of section 38 of this Act and section 62 of the other Act, subsections 631(3) to (6) of the Criminal Code are replaced by the following:

    • Marginal note:Alternate jurors

      (2.1) If the judge considers it advisable in the interests of justice to have one or two alternate jurors, the judge shall so order before the clerk of the court draws out the cards under subsection (3) or (3.1).

    • Marginal note:To be drawn by clerk of court

      (3) The clerk of the court shall, in open court, draw out the cards referred to in subsection (1), one after another, and shall call out the name and number on each card as it is drawn, until the number of persons who have answered is, in the opinion of the judge, sufficient to provide a full jury and any alternate jurors ordered by the judge after allowing for orders to excuse, challenges and directions to stand by where

      • (a) the array of jurors is not challenged; or

      • (b) the array of jurors is challenged but the judge does not direct a new panel to be returned.

    • Marginal note:Where name not to be called

      (3.1) On application by the prosecutor or on its own motion, the court, or a judge of the court, before which the jury trial is to be held, if it is satisfied that it is in the best interest of the administration of justice to do so, including in order to protect the privacy or safety of the members of the jury and alternate jurors, may order that, for the purposes of subsection (3), the clerk of the court shall only call out the number on each card.

    • Marginal note:Juror and other persons to be sworn

      (4) The clerk of the court shall swear each member of the jury, and any alternate jurors, in the order in which his or her card was drawn and shall swear any other person providing technical, personal, interpretative or other support services to a juror with a physical disability.

    • Marginal note:Drawing additional cards if necessary

      (5) If the number of persons who answer under subsection (3) or (3.1) is not sufficient to provide a full jury and the number of alternate jurors ordered by the judge, the clerk of the court shall proceed in accordance with subsections (3), (3.1) and (4) until twelve jurors and any alternate jurors are sworn.

    • Marginal note:Ban on publication, etc.

      (6) On application by the prosecutor or on its own motion, the court or judge before which a jury trial is to be held may, if an order under subsection (3.1) has been made, make an order directing that the identity of a juror or alternate juror or any information that could disclose their identity shall not be published in any document or broadcast in any way, if the court or judge is satisfied that such an order is necessary for the proper administration of justice.

COMING INTO FORCE

Marginal note:Coming into force

 The provisions of this Act, other than sections 80 to 82, come into force on a day or days to be fixed by order of the Governor in Council.