Version of document from 2010-12-15 to 2011-04-14:

Criminal Code

R.S.C., 1985, c. C-46

An Act respecting the Criminal Law

SHORT TITLE

Marginal note:Short title

 This Act may be cited as the Criminal Code.

  • R.S., c. C-34, s. 1.

INTERPRETATION

Marginal note:Definitions

 In this Act,

“Act”

« loi »

“Act” includes

  • (a) an Act of Parliament,

  • (b) an Act of the legislature of the former Province of Canada,

  • (c) an Act of the legislature of a province, and

  • (d) an Act or ordinance of the legislature of a province, territory or place in force at the time that province, territory or place became a province of Canada;

“associated personnel”

« personnel associé »

“associated personnel” means persons who are

  • (a) assigned by a government or an intergovernmental organization with the agreement of the competent organ of the United Nations,

  • (b) engaged by the Secretary-General of the United Nations, by a specialized agency of the United Nations or by the International Atomic Energy Agency, or

  • (c) deployed by a humanitarian non-governmental organization or agency under an agreement with the Secretary-General of the United Nations, by a specialized agency of the United Nations or by the International Atomic Energy Agency,

to carry out activities in support of the fulfilment of the mandate of a United Nations operation;

“Attorney General”

« procureur général »

“Attorney General”

  • (a) subject to paragraphs (b.1) to (g), with respect to proceedings to which this Act applies, means the Attorney General or Solicitor General of the province in which those proceedings are taken and includes his or her lawful deputy,

  • (b) with respect to the Yukon Territory, the Northwest Territories and Nunavut, or with respect to proceedings commenced at the instance of the Government of Canada and conducted by or on behalf of that Government in respect of a contravention of, a conspiracy or attempt to contravene, or counselling the contravention of, any Act of Parliament other than this Act or any regulation made under such an Act, means the Attorney General of Canada and includes his or her lawful deputy,

  • (b.1) with respect to proceedings in relation to an offence under subsection 7(2.01), means either the Attorney General of Canada or the Attorney General or Solicitor General of the province in which those proceedings are taken and includes the lawful deputy of any of them,

  • (c) with respect to proceedings in relation to a terrorism offence or to an offence under section 57, 58, 83.12, 424.1 or 431.1 or in relation to an offence against a member of United Nations personnel or associated personnel under section 235, 236, 266, 267, 268, 269, 269.1, 271, 272, 273, 279 or 279.1, means either the Attorney General of Canada or the Attorney General or Solicitor General of the province in which those proceedings are taken and includes the lawful deputy of any of them,

  • (d) with respect to proceedings in relation to

    • (i) an offence referred to in subsection 7(3.71), or

    • (ii) an offence referred to in paragraph (a) of the definition “terrorist activity” in subsection 83.01(1), where the act or omission was committed outside Canada but is deemed by virtue of subsection 7(2), (2.1), (2.2), (3), (3.1), (3.4), (3.6), (3.72) or (3.73) to have been committed in Canada,

    means either the Attorney General of Canada or the Attorney General or Solicitor General of the province in which those proceedings are taken and includes the lawful deputy of any of them,

  • (e) with respect to proceedings in relation to an offence where the act or omission constituting the offence

    • (i) constitutes a terrorist activity referred to in paragraph (b) of the definition “terrorist activity” in subsection 83.01(1), and

    • (ii) was committed outside Canada but is deemed by virtue of subsection 7(3.74) or (3.75) to have been committed in Canada,

    means either the Attorney General of Canada or the Attorney General or Solicitor General of the province in which those proceedings are taken and includes the lawful deputy of any of them,

  • (f) with respect to proceedings under section 83.13, 83.14, 83.28, 83.29 or 83.3, means either the Attorney General of Canada or the Attorney General or Solicitor General of the province in which those proceedings are taken and includes the lawful deputy of any of them, and

  • (g) with respect to proceedings in relation to an offence referred to in sections 380, 382, 382.1 and 400, means either the Attorney General of Canada or the Attorney General or Solicitor General of the province in which those proceedings are taken and includes the lawful deputy of any of them;

“bank-note”

« billet de banque »

“bank-note” includes any negotiable instrument

  • (a) issued by or on behalf of a person carrying on the business of banking in or out of Canada, and

  • (b) issued under the authority of Parliament or under the lawful authority of the government of a state other than Canada,

intended to be used as money or as the equivalent of money, immediately on issue or at some time subsequent thereto, and includes bank bills and bank post bills;

“bodily harm”

« lésions corporelles »

“bodily harm” means any hurt or injury to a person that interferes with the health or comfort of the person and that is more than merely transient or trifling in nature;

“Canadian Forces”

« Forces canadiennes »

“Canadian Forces” means the armed forces of Her Majesty raised by Canada;

“cattle”

« bétail »

“cattle” means neat cattle or an animal of the bovine species by whatever technical or familiar name it is known, and includes any horse, mule, ass, pig, sheep or goat;

“clerk of the court”

« greffier du tribunal »

“clerk of the court” includes a person, by whatever name or title he may be designated, who from time to time performs the duties of a clerk of the court;

“common-law partner”

« conjoint de fait »

“common-law partner”, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year;

“complainant”

« plaignant »

“complainant” means the victim of an alleged offence;

“counsel”

« avocat »

“counsel” means a barrister or solicitor, in respect of the matters or things that barristers and solicitors, respectively, are authorized by the law of a province to do or perform in relation to legal proceedings;

“count”

« chef d’accusation »

“count” means a charge in an information or indictment;

“court of appeal”

« cour d’appel »

“court of appeal” means

  • (a) in the Province of Prince Edward Island, the Appeal Division of the Supreme Court, and

  • (b) in all other provinces, the Court of Appeal;

“court of criminal jurisdiction”

« cour de juridiction criminelle »

“court of criminal jurisdiction” means

  • (a) a court of general or quarter sessions of the peace, when presided over by a superior court judge,

  • (a.1) in the Province of Quebec, the Court of Quebec, the municipal court of Montreal and the municipal court of Quebec,

  • (b) a provincial court judge or judge acting under Part XIX, and

  • (c) in the Province of Ontario, the Ontario Court of Justice;

“criminal organization”

« organisation criminelle »

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

“criminal organization offence”

« infraction d’organisation criminelle »

“criminal organization offence” means

  • (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

  • (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);

“day”

« jour »

“day” means the period between six o’clock in the forenoon and nine o’clock in the afternoon of the same day;

“document of title to goods”

« titre de marchandises »

“document of title to goods” includes a bought and sold note, bill of lading, warrant, certificate or order for the delivery or transfer of goods or any other valuable thing, and any other document used in the ordinary course of business as evidence of the possession or control of goods, authorizing or purporting to authorize, by endorsement or by delivery, the person in possession of the document to transfer or receive any goods thereby represented or therein mentioned or referred to;

“document of title to lands”

« titre de bien-fonds »

“document of title to lands” includes any writing that is or contains evidence of the title, or any part of the title, to real property or to any interest in real property, and any notarial or registrar’s copy thereof and any duplicate instrument, memorial, certificate or document authorized or required by any law in force in any part of Canada with respect to registration of titles that relates to title to real property or to any interest in real property;

“dwelling-house”

« maison d’habitation »

“dwelling-house” means the whole or any part of a building or structure that is kept or occupied as a permanent or temporary residence, and includes

  • (a) a building within the curtilage of a dwelling-house that is connected to it by a doorway or by a covered and enclosed passage-way, and

  • (b) a unit that is designed to be mobile and to be used as a permanent or temporary residence and that is being used as such a residence;

“every one”, “person” and “owner”

« quiconque », « individu », « personne » et « propriétaire »

“every one”, “person” and “owner”, and similar expressions, include Her Majesty and an organization;

“explosive substance”

« substance explosive »

“explosive substance” includes

  • (a) anything intended to be used to make an explosive substance,

  • (b) anything, or any part thereof, used or intended to be used, or adapted to cause, or to aid in causing an explosion in or with an explosive substance, and

  • (c) an incendiary grenade, fire bomb, molotov cocktail or other similar incendiary substance or device and a delaying mechanism or other thing intended for use in connection with such a substance or device;

“feeble-minded person”

“feeble-minded person” [Repealed, 1991, c. 43, s. 9]

“firearm”

« arme à feu »

“firearm” means a barrelled weapon from which any shot, bullet or other projectile can be discharged and that is capable of causing serious bodily injury or death to a person, and includes any frame or receiver of such a barrelled weapon and anything that can be adapted for use as a firearm;

“government or public facility”

« installation gouvernementale ou publique »

“government or public facility” means a facility or conveyance, whether permanent or temporary, that is used or occupied in connection with their official duties by representatives of a state, members of a government, members of a legislature, members of the judiciary, or officials or employees of a state or of any other public authority or public entity, or by officials or employees of an intergovernmental organization;

“Her Majesty’s Forces”

« forces de Sa Majesté »

“Her Majesty’s Forces” means the naval, army and air forces of Her Majesty wherever raised, and includes the Canadian Forces;

“highway”

« voie publique » ou « grande route »

“highway” means a road to which the public has the right of access, and includes bridges over which or tunnels through which a road passes;

“indictment”

« acte d’accusation »

“indictment” includes

  • (a) information or a count therein,

  • (b) a plea, replication or other pleading, and

  • (c) any record;

“internationally protected person”

« personne jouissant d’une protection internationale »

“internationally protected person” means

  • (a) a head of state, including any member of a collegial body that performs the functions of a head of state under the constitution of the state concerned, a head of a government or a minister of foreign affairs, whenever that person is in a state other than the state in which he holds that position or office,

  • (b) a member of the family of a person described in paragraph (a) who accompanies that person in a state other than the state in which that person holds that position or office,

  • (c) a representative or an official of a state or an official or agent of an international organization of an intergovernmental character who, at the time when and at the place where an offence referred to in subsection 7(3) is committed against his person or any property referred to in section 431 that is used by him, is entitled, pursuant to international law, to special protection from any attack on his person, freedom or dignity, or

  • (d) a member of the family of a representative, official or agent described in paragraph (c) who forms part of his household, if the representative, official or agent, at the time when and at the place where any offence referred to in subsection 7(3) is committed against the member of his family or any property referred to in section 431 that is used by that member, is entitled, pursuant to international law, to special protection from any attack on his person, freedom or dignity;

“justice”

« juge de paix »

“justice” means a justice of the peace or a provincial court judge, and includes two or more justices where two or more justices are, by law, required to act or, by law, act or have jurisdiction;

“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 Minister of Public Safety and Emergency Preparedness 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,

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

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

    • (ix.1) an employee of the Canada Border Services Agency who is involved in the investigation of an offence under an Act of Parliament,

    • (x) 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

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

“magistrate”

“magistrate” [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 2]

“mental disorder”

« troubles mentaux »

“mental disorder” means a disease of the mind;

“military”

« militaire »

“military” shall be construed as relating to all or any of the Canadian Forces;

“military law”

« loi militaire »

“military law” includes all laws, regulations or orders relating to the Canadian Forces;

“motor vehicle”

« véhicule à moteur »

“motor vehicle” means a vehicle that is drawn, propelled or driven by any means other than muscular power, but does not include railway equipment;

“municipality”

« municipalité »

“municipality” includes the corporation of a city, town, village, county, township, parish or other territorial or local division of a province, the inhabitants of which are incorporated or are entitled to hold property collectively for a public purpose;

“newly-born child”

« enfant nouveau-né » ou « nouveau-né »

“newly-born child” means a person under the age of one year;

“night”

« nuit »

“night” means the period between nine o’clock in the afternoon and six o’clock in the forenoon of the following day;

“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 or the Corruption of Foreign Public Officials Act is committed,

  • (b) that is used in any manner in connection with the commission of such an offence, or

  • (c) that is intended to be used for committing such an offence;

“offender”

« contrevenant »

“offender” means a person who has been determined by a court to be guilty of an offence, whether on acceptance of a plea of guilty or on a finding of guilt;

“offensive weapon”

« arme offensive »

“offensive weapon” has the same meaning as “weapon”;

“organization”

« organisation »

“organization” means

  • (a) a public body, body corporate, society, company, firm, partnership, trade union or municipality, or

  • (b) an association of persons that

    • (i) is created for a common purpose,

    • (ii) has an operational structure, and

    • (iii) holds itself out to the public as an association of persons;

“peace officer”

« agent de la paix »

“peace officer” includes

  • (a) a mayor, warden, reeve, sheriff, deputy sheriff, sheriff’s officer and justice of the peace,

  • (b) a member of the Correctional Service of Canada who is designated as a peace officer pursuant to Part I of the Corrections and Conditional Release Act, and a warden, deputy warden, instructor, keeper, jailer, guard and any other officer or permanent employee of a prison other than a penitentiary as defined in Part I of the Corrections and Conditional Release Act,

  • (c) a police officer, police constable, bailiff, constable, or other person employed for the preservation and maintenance of the public peace or for the service or execution of civil process,

  • (d) an officer within the meaning of the Customs Act, the Excise Act or the Excise Act, 2001, or a person having the powers of such an officer, when performing any duty in the administration of any of those Acts,

  • (d.1) an officer authorized under subsection 138(1) of the Immigration and Refugee Protection Act,

  • (e) a person designated as a fishery guardian under the Fisheries Act when performing any duties or functions under that Act and a person designated as a fishery officer under the Fisheries Act when performing any duties or functions under that Act or the Coastal Fisheries Protection Act,

  • (f) the pilot in command of an aircraft

    • (i) registered in Canada under regulations made under the Aeronautics Act, or

    • (ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft registered in Canada under those regulations,

    while the aircraft is in flight, and

  • (g) officers and non-commissioned members of the Canadian Forces who are

    • (i) appointed for the purposes of section 156 of the National Defence Act, or

    • (ii) employed on duties that the Governor in Council, in regulations made under the National Defence Act for the purposes of this paragraph, has prescribed to be of such a kind as to necessitate that the officers and non-commissioned members performing them have the powers of peace officers;

“prison”

« prison »

“prison” includes a penitentiary, common jail, public or reformatory prison, lock-up, guard-room or other place in which persons who are charged with or convicted of offences are usually kept in custody;

“property”

« biens » ou « propriété »

“property” includes

  • (a) real and personal property of every description and deeds and instruments relating to or evidencing the title or right to property, or giving a right to recover or receive money or goods,

  • (b) property originally in the possession or under the control of any person, and any property into or for which it has been converted or exchanged and anything acquired at any time by the conversion or exchange, and

  • (c) any postal card, postage stamp or other stamp issued or prepared for issue under the authority of Parliament or the legislature of a province for the payment to the Crown or a corporate body of any fee, rate or duty, whether or not it is in the possession of the Crown or of any person;

“prosecutor”

« poursuivant »

“prosecutor” means the Attorney General or, where the Attorney General does not intervene, means the person who institutes proceedings to which this Act applies, and includes counsel acting on behalf of either of them;

“provincial court judge”

« juge de la cour provinciale »

“provincial court judge” means a person appointed or authorized to act by or pursuant to an Act of the legislature of a province, by whatever title that person may be designated, who has the power and authority of two or more justices of the peace and includes the lawful deputy of that person;

“public department”

« ministère public »

“public department” means a department of the Government of Canada or a branch thereof or a board, commission, corporation or other body that is an agent of Her Majesty in right of Canada;

“public officer”

« fonctionnaire public »

“public officer” includes

  • (a) an officer of customs or excise,

  • (b) an officer of the Canadian Forces,

  • (c) an officer of the Royal Canadian Mounted Police, and

  • (d) any officer while the officer is engaged in enforcing the laws of Canada relating to revenue, customs, excise, trade or navigation;

“public stores”

« approvisionnements publics »

“public stores” includes any personal property that is under the care, supervision, administration or control of a public department or of any person in the service of a public department;

“railway equipment”

« matériel ferroviaire »

“railway equipment” means

  • (a) any machine that is constructed for movement exclusively on lines of railway, whether or not the machine is capable of independent motion, or

  • (b) any vehicle that is constructed for movement both on and off lines of railway while the adaptations of that vehicle for movement on lines of railway are in use;

“representative”

« agent »

“representative”, in respect of an organization, means a director, partner, employee, member, agent or contractor of the organization;

“senior officer”

« cadre supérieur »

“senior officer” means a representative who plays an important role in the establishment of an organization’s policies or is responsible for managing an important aspect of the organization’s activities and, in the case of a body corporate, includes a director, its chief executive officer and its chief financial officer;

“serious offence”

« infraction grave »

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

“steal”

« voler »

“steal” means to commit theft;

“street racing”

« course de rue »

“street racing” means operating a motor vehicle in a race with at least one other motor vehicle on a street, road, highway or other public place;

“superior court of criminal jurisdiction”

« cour supérieure de juridiction criminelle »

“superior court of criminal jurisdiction” means

  • (a) in the Province of Ontario, the Court of Appeal or the Superior Court of Justice,

  • (b) in the Province of Quebec, the Superior Court,

  • (c) in the Province of Prince Edward Island, the Supreme Court,

  • (d) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Appeal or the Court of Queen’s Bench,

  • (e) in the Provinces of Nova Scotia, British Columbia and Newfoundland, the Supreme Court or the Court of Appeal,

  • (f) in Yukon, the Supreme Court,

  • (g) in the Northwest Territories, the Supreme Court, and

  • (h) in Nunavut, the Nunavut Court of Justice;

“territorial division”

« circonscription territoriale »

“territorial division” includes any province, county, union of counties, township, city, town, parish or other judicial division or place to which the context applies;

“terrorism offence”

« infraction de terrorisme »

“terrorism offence” means

  • (a) an offence under any of sections 83.02 to 83.04 or 83.18 to 83.23,

  • (b) an indictable offence under this or any other Act of Parliament committed for the benefit of, at the direction of or in association with a terrorist group,

  • (c) an indictable offence under this or any other Act of Parliament where the act or omission constituting the offence also constitutes a terrorist activity, or

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

“terrorist activity”

« activité terroriste »

“terrorist activity” has the same meaning as in subsection 83.01(1);

“terrorist group”

« groupe terroriste »

“terrorist group” has the same meaning as in subsection 83.01(1);

“testamentary instrument”

« acte testamentaire »

“testamentary instrument” includes any will, codicil or other testamentary writing or appointment, during the life of the testator whose testamentary disposition it purports to be and after his death, whether it relates to real or personal property or to both;

“trustee”

« fiduciaire »

“trustee” means a person who is declared by any Act to be a trustee or is, by the law of a province, a trustee, and, without restricting the generality of the foregoing, includes a trustee on an express trust created by deed, will or instrument in writing, or by parol;

“unfit to stand trial”

« inaptitude à subir son procès »

“unfit to stand trial” means unable on account of mental disorder to conduct a defence at any stage of the proceedings before a verdict is rendered or to instruct counsel to do so, and, in particular, unable on account of mental disorder to

  • (a) understand the nature or object of the proceedings,

  • (b) understand the possible consequences of the proceedings, or

  • (c) communicate with counsel;

“United Nations operation”

« opération des Nations Unies »

“United Nations operation” means an operation that is established by the competent organ of the United Nations in accordance with the Charter of the United Nations and is conducted under United Nations authority and control, if the operation is for the purpose of maintaining or restoring international peace and security or if the Security Council or the General Assembly of the United Nations has declared, for the purposes of the Convention on the Safety of United Nations and Associated Personnel, that there exists an exceptional risk to the safety of the personnel participating in the operation. It does not include an operation authorized by the Security Council as an enforcement action under Chapter VII of the Charter of the United Nations in which any of the personnel are engaged as combatants against organized armed forces and to which the law of international armed conflict applies;

“United Nations personnel”

« personnel des Nations Unies »

“United Nations personnel” means

  • (a) persons who are engaged or deployed by the Secretary-General of the United Nations as members of the military, police or civilian components of a United Nations operation, or

  • (b) any other officials or experts who are on mission of the United Nations or one of its specialized agencies or the International Atomic Energy Agency and who are present in an official capacity in the area where a United Nations operation is conducted;

“valuable mineral”

« minéraux précieux »

“valuable mineral” means a mineral of a value of at least $100 per kilogram, and includes precious metals, diamonds and other gemstones and any rock or ore that contains those minerals;

“valuable security”

« valeur » ou « effet appréciable »

“valuable security” includes

  • (a) an order, exchequer acquittance or other security that entitles or evidences the title of any person

    • (i) to a share or interest in a public stock or fund or in any fund of a body corporate, company or society, or

    • (ii) to a deposit in a financial institution,

  • (b) any debenture, deed, bond, bill, note, warrant, order or other security for money or for payment of money,

  • (c) a document of title to lands or goods wherever situated,

  • (d) a stamp or writing that secures or evidences title to or an interest in a chattel personal, or that evidences delivery of a chattel personal, and

  • (e) a release, receipt, discharge or other instrument evidencing payment of money;

“victim”

« victime »

“victim” includes the victim of an alleged offence;

“weapon”

« arme »

“weapon” means any thing used, designed to be used or intended for use

  • (a) in causing death or injury to any person, or

  • (b) for the purpose of threatening or intimidating any person

and, without restricting the generality of the foregoing, includes a firearm;

“wreck”

« épave »

“wreck” includes the cargo, stores and tackle of a vessel and all parts of a vessel separated from the vessel, and the property of persons who belong to, are on board or have quitted a vessel that is wrecked, stranded or in distress at any place in Canada;

“writing”

« écrit »

“writing” includes a document of any kind and any mode in which, and any material on which, words or figures, whether at length or abridged, are written, printed or otherwise expressed, or a map or plan is inscribed.

  • R.S., 1985, c. C-46, s. 2;
  • R.S., 1985, c. 11 (1st Supp.), s. 2, c. 27 (1st Supp.), ss. 2, 203, c. 31 (1st Supp.), s. 61, c. 1 (2nd Supp.), s. 213, c. 27 (2nd Supp.), s. 10, c. 35 (2nd Supp.), s. 34, c. 32 (4th Supp.), s. 55, c. 40 (4th Supp.), s. 2;
  • 1990, c. 17, s. 7;
  • 1991, c. 1, s. 28, c. 40, s. 1, c. 43, ss. 1, 9;
  • 1992, c. 20, s. 216, c. 51, s. 32;
  • 1993, c. 28, s. 78, c. 34, s. 59;
  • 1994, c. 44, s. 2;
  • 1995, c. 29, ss. 39, 40, c. 39, s. 138;
  • 1997, c. 23, s. 1;
  • 1998, c. 30, s. 14;
  • 1999, c. 3, s. 25, c. 5, s. 1, c. 25, s. 1(Preamble), c. 28, s. 155;
  • 2000, c. 12, s. 91, c. 25, s. 1(F);
  • 2001, c. 32, s. 1, c. 41, ss. 2, 131;
  • 2002, c. 7, s. 137, c. 22, s. 324;
  • 2003, c. 21, s. 1;
  • 2004, c. 3, s. 1;
  • 2005, c. 10, s. 34, c. 38, s. 58, c. 40, ss. 1, 7;
  • 2006, c. 14, s. 1;
  • 2007, c. 13, s. 1.
Marginal note:Further definitions — firearms

 In this Act, “ammunition”, “antique firearm”, “automatic firearm”, “cartridge magazine”, “cross-bow”, “handgun”, “imitation firearm”, “prohibited ammunition”, “prohibited device”, “prohibited firearm”, “prohibited weapon”, “replica firearm”, “restricted firearm” and “restricted weapon”, as well as “authorization”, “licence” and “registration certificate” when used in relation to those words and expressions, have the same meaning as in subsection 84(1).

  • 2009, c. 22, s. 1.
Marginal note:Descriptive cross-references

 Where, in any provision of this Act, a reference to another provision of this Act or a provision of any other Act is followed by words in parenthesis that are or purport to be descriptive of the subject-matter of the provision referred to, the words in parenthesis form no part of the provision in which they occur but shall be deemed to have been inserted for convenience of reference only.

  • 1976-77, c. 53, s. 2.

PART I

General

Marginal note:Effect of judicial acts

 Unless otherwise provided or ordered, anything done by a court, justice or judge is effective from the moment it is done, whether or not it is reduced to writing.

  • 2002, c. 13, s. 2.
Marginal note:Postcard a chattel, value
  •  (1) For the purposes of this Act, a postal card or stamp referred to in paragraph (c) of the definition “property” in section 2 shall be deemed to be a chattel and to be equal in value to the amount of the postage, rate or duty expressed on its face.

  • Marginal note:Value of valuable security

    (2) For the purposes of this Act, the following rules apply for the purpose of determining the value of a valuable security where value is material:

    • (a) where the valuable security is one mentioned in paragraph (a) or (b) of the definition “valuable security” in section 2, the value is the value of the share, interest, deposit or unpaid money, as the case may be, that is secured by the valuable security;

    • (b) where the valuable security is one mentioned in paragraph (c) or (d) of the definition “valuable security” in section 2, the value is the value of the lands, goods, chattel personal or interest in the chattel personal, as the case may be; and

    • (c) where the valuable security is one mentioned in paragraph (e) of the definition “valuable security” in section 2, the value is the amount of money that has been paid.

  • Marginal note:Possession

    (3) For the purposes of this Act,

    • (a) a person has anything in possession when he has it in his personal possession or knowingly

      • (i) has it in the actual possession or custody of another person, or

      • (ii) has it in any place, whether or not that place belongs to or is occupied by him, for the use or benefit of himself or of another person; and

    • (b) where one of two or more persons, with the knowledge and consent of the rest, has anything in his custody or possession, it shall be deemed to be in the custody and possession of each and all of them.

  • Marginal note:Expressions taken from other Acts

    (4) Where an offence that is dealt with in this Act relates to a subject that is dealt with in another Act, the words and expressions used in this Act with respect to that offence have, subject to this Act, the meaning assigned to them in that other Act.

  • Marginal note:Sexual intercourse

    (5) For the purposes of this Act, sexual intercourse is complete on penetration to even the slightest degree, notwithstanding that seed is not emitted.

  • Marginal note:Proof of notifications and service of documents

    (6) For the purposes of this Act, the service of any document and the giving or sending of any notice may be proved

    • (a) by oral evidence given under oath by, or by the affidavit or solemn declaration of, the person claiming to have served, given or sent it; or

    • (b) in the case of a peace officer, by a statement in writing certifying that the document was served or the notice was given or sent by the peace officer, and such a statement is deemed to be a statement made under oath.

  • Marginal note:Proof of service in accordance with provincial laws

    (6.1) Despite subsection (6), the service of documents may be proved in accordance with the laws of a province relating to offences created by the laws of that province.

  • Marginal note:Attendance for examination

    (7) Despite subsection (6) or (6.1), the court may require the person who appears to have signed an affidavit, a solemn declaration or a statement in accordance with that subsection to appear before it for examination or cross-examination in respect of the issue of proof of service or of the giving or sending of any notice.

  • R.S., 1985, c. C-46, s. 4;
  • R.S., 1985, c. 27 (1st Supp.), s. 3;
  • 1994, c. 44, s. 3;
  • 1997, c. 18, s. 2;
  • 2008, c. 18, s. 1.
Marginal note:Canadian Forces not affected

 Nothing in this Act affects any law relating to the government of the Canadian Forces.

  • R.S., c. C-34, s. 4.
Marginal note:Presumption of innocence
  •  (1) Where an enactment creates an offence and authorizes a punishment to be imposed in respect of that offence,

    • (a) a person shall be deemed not to be guilty of the offence until he is convicted or discharged under section 730 of the offence; and

    • (b) a person who is convicted or discharged under section 730 of the offence is not liable to any punishment in respect thereof other than the punishment prescribed by this Act or by the enactment that creates the offence.

  • Marginal note:Offences outside Canada

    (2) Subject to this Act or any other Act of Parliament, no person shall be convicted or discharged under section 730 of an offence committed outside Canada.

  • Definition of “enactment”

    (3) In this section, “enactment” means

    • (a) an Act of Parliament, or

    • (b) an Act of the legislature of a province that creates an offence to which Part XXVII applies,

    or any regulation made thereunder.

  • R.S., 1985, c. C-46, s. 6;
  • R.S., 1985, c. 27 (1st Supp.), s. 4, c. 1 (4th Supp.), s. 18(F);
  • 1995, c. 22, s. 10.
Marginal note:Offences committed on aircraft
  •  (1) Notwithstanding anything in this Act or any other Act, every one who

    • (a) on or in respect of an aircraft

      • (i) registered in Canada under regulations made under the Aeronautics Act, or

      • (ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft registered in Canada under those regulations,

      while the aircraft is in flight, or

    • (b) on any aircraft, while the aircraft is in flight if the flight terminated in Canada,

    commits an act or omission in or outside Canada that if committed in Canada would be an offence punishable by indictment shall be deemed to have committed that act or omission in Canada.

  • Marginal note:Idem

    (2) Notwithstanding this Act or any other Act, every one who

    • (a) on an aircraft, while the aircraft is in flight, commits an act or omission outside Canada that if committed in Canada or on an aircraft registered in Canada under regulations made under the Aeronautics Act would be an offence against section 76 or paragraph 77(a),

    • (b) in relation to an aircraft in service, commits an act or omission outside Canada that if committed in Canada would be an offence against any of paragraphs 77(b), (c) or (e),

    • (c) in relation to an air navigation facility used in international air navigation, commits an act or omission outside Canada that if committed in Canada would be an offence against paragraph 77(d),

    • (d) at or in relation to an airport serving international civil aviation, commits an act or omission outside Canada that if committed in Canada would be an offence against paragraph 77(b) or (f), or

    • (e) commits an act or omission outside Canada that if committed in Canada would constitute a conspiracy or an attempt to commit an offence referred to in this subsection, or being an accessory after the fact or counselling in relation to such an offence,

    shall be deemed to have committed that act or omission in Canada if the person is, after the commission thereof, present in Canada.

  • Marginal note:Offences in relation to cultural property

    (2.01) Despite anything in this Act or any other Act, a person who commits an act or omission outside Canada that if committed in Canada would constitute an offence under section 322, 341, 344, 380, 430 or 434 in relation to cultural property as defined in Article 1 of the Convention, or a conspiracy or an attempt to commit such an offence, or being an accessory after the fact or counselling in relation to such an offence, is deemed to have committed that act or omission in Canada if the person

    • (a) is a Canadian citizen;

    • (b) is not a citizen of any state and ordinarily resides in Canada; or

    • (c) is a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and is, after the commission of the act or omission, present in Canada.

  • Definition of “Convention”

    (2.02) For the purpose of subsection (2.01), “Convention” means the Convention for the Protection of Cultural Property in the Event of Armed Conflict, done at The Hague on May 14, 1954. Article 1 of the Convention is set out in the schedule to the Cultural Property Export and Import Act.

  • Marginal note:Offences against fixed platforms or international maritime navigation

    (2.1) Notwithstanding anything in this Act or any other Act, every one who commits an act or omission outside Canada against or on board a fixed platform attached to the continental shelf of any state or against or on board a ship navigating or scheduled to navigate beyond the territorial sea of any state, that if committed in Canada would constitute an offence against, a conspiracy or an attempt to commit an offence against, or being an accessory after the fact or counselling in relation to an offence against, section 78.1, shall be deemed to commit that act or omission in Canada if it is committed

    • (a) against or on board a fixed platform attached to the continental shelf of Canada;

    • (b) against or on board a ship registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament;

    • (c) by a Canadian citizen;

    • (d) by a person who is not a citizen of any state and who ordinarily resides in Canada;

    • (e) by a person who is, after the commission of the offence, present in Canada;

    • (f) in such a way as to seize, injure or kill, or threaten to injure or kill, a Canadian citizen; or

    • (g) in an attempt to compel the Government of Canada to do or refrain from doing any act.

  • Marginal note:Offences against fixed platforms or navigation in the internal waters or territorial sea of another state

    (2.2) Notwithstanding anything in this Act or any other Act, every one who commits an act or omission outside Canada against or on board a fixed platform not attached to the continental shelf of any state or against or on board a ship not navigating or scheduled to navigate beyond the territorial sea of any state, that if committed in Canada would constitute an offence against, a conspiracy or an attempt to commit an offence against, or being an accessory after the fact or counselling in relation to an offence against, section 78.1, shall be deemed to commit that act or omission in Canada

    • (a) if it is committed as described in any of paragraphs (2.1)(b) to (g); and

    • (b) if the offender is found in the territory of a state, other than the state in which the act or omission was committed, that is

      • (i) a party to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, done at Rome on March 10, 1988, in respect of an offence committed against or on board a ship, or

      • (ii) a party to the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, done at Rome on March 10, 1988, in respect of an offence committed against or on board a fixed platform.

  • Marginal note:Space Station — Canadian crew members

    (2.3) Despite anything in this Act or any other Act, a Canadian crew member who, during a space flight, commits an act or omission outside Canada that if committed in Canada would constitute an indictable offence is deemed to have committed that act or omission in Canada, if that act or omission is committed

    • (a) on, or in relation to, a flight element of the Space Station; or

    • (b) on any means of transportation to or from the Space Station.

  • Marginal note:Space Station — crew members of Partner States

    (2.31) Despite anything in this Act or any other Act, a crew member of a Partner State who commits an act or omission outside Canada during a space flight on, or in relation to, a flight element of the Space Station or on any means of transportation to and from the Space Station that if committed in Canada would constitute an indictable offence is deemed to have committed that act or omission in Canada, if that act or omission

    • (a) threatens the life or security of a Canadian crew member; or

    • (b) is committed on or in relation to, or damages, a flight element provided by Canada.

  • Marginal note:Proceedings by Attorney General of Canada

    (2.32) Despite the definition “Attorney General” in section 2, the Attorney General of Canada may conduct proceedings in relation to an offence referred to in subsection (2.3) or (2.31). For that purpose, 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:Consent of Attorney General of Canada

    (2.33) No proceedings in relation to an offence referred to in subsection (2.3) or (2.31) may be instituted without the consent of the Attorney General of Canada.

  • Marginal note:Definitions

    (2.34) The definitions in this subsection apply in this subsection and in subsections (2.3) and (2.31).

    “Agreement”

    « Accord »

    “Agreement” has the same meaning as in section 2 of the Civil International Space Station Agreement Implementation Act.

    “Canadian crew member”

    « membre d’équipage canadien »

    “Canadian crew member” means a crew member of the Space Station who is

    • (a) a Canadian citizen; or

    • (b) a citizen of a foreign state, other than a Partner State, who is authorized by Canada to act as a crew member for a space flight on, or in relation to, a flight element.

    “crew member of a Partner State”

    « membre d’équipage d’un État partenaire »

    “crew member of a Partner State” means a crew member of the Space Station who is

    • (a) a citizen of a Partner State; or

    • (b) a citizen of a state, other than that Partner State, who is authorized by that Partner State to act as a crew member for a space flight on, or in relation to, a flight element.

    “flight element”

    « élément de vol »

    “flight element” means a Space Station element provided by Canada or by a Partner State under the Agreement and under any memorandum of understanding or other implementing arrangement entered into to carry out the Agreement.

    “Partner State”

    « État partenaire »

    “Partner State” means a State, other than Canada, who contracted to enter into the Agreement and for which the Agreement has entered into force in accordance with article 25 of the Agreement.

    “space flight”

    « vol spatial »

    “space flight” means the period that begins with the launching of a crew member of the Space Station, continues during their stay in orbit and ends with their landing on earth.

    “Space Station”

    « station spatiale »

    “Space Station” means the civil international Space Station that is a multi-use facility in low-earth orbit, with flight elements and dedicated ground elements provided by, or on behalf of, the Partner States.

  • Marginal note:Offence against internationally protected person

    (3) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission against the person of an internationally protected person or against any property referred to in section 431 used by that person that, if committed in Canada, would be an offence against any of sections 235, 236, 266, 267, 268, 269, 269.1, 271, 272, 273, 279, 279.1, 280 to 283, 424 and 431 is deemed to commit that act or omission in Canada if

    • (a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament;

    • (b) the act or omission is committed on an aircraft

      • (i) registered in Canada under regulations made under the Aeronautics Act, or

      • (ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft in Canada under those regulations;

    • (c) the person who commits the act or omission is a Canadian citizen or is, after the act or omission has been committed, present in Canada; or

    • (d) the act or omission is against

      • (i) a person who enjoys the status of an internationally protected person by virtue of the functions that person performs on behalf of Canada, or

      • (ii) a member of the family of a person described in subparagraph (i) who qualifies under paragraph (b) or (d) of the definition “internationally protected person” in section 2.

  • Marginal note:Offence of hostage taking

    (3.1) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that if committed in Canada would be an offence against section 279.1 shall be deemed to commit that act or omission in Canada if

    • (a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament;

    • (b) the act or omission is committed on an aircraft

      • (i) registered in Canada under regulations made under the Aeronautics Act, or

      • (ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft in Canada under such regulations;

    • (c) the person who commits the act or omission

      • (i) is a Canadian citizen, or

      • (ii) is not a citizen of any state and ordinarily resides in Canada;

    • (d) the act or omission is committed with intent to induce Her Majesty in right of Canada or of a province to commit or cause to be committed any act or omission;

    • (e) a person taken hostage by the act or omission is a Canadian citizen; or

    • (f) the person who commits the act or omission is, after the commission thereof, present in Canada.

  • Marginal note:Offences involving nuclear material

    (3.2) Notwithstanding anything in this Act or any other Act, where

    • (a) a person, outside Canada, receives, has in his possession, uses, transfers the possession of, sends or delivers to any person, transports, alters, disposes of, disperses or abandons nuclear material and thereby

      • (i) causes or is likely to cause the death of, or serious bodily harm to, any person, or

      • (ii) causes or is likely to cause serious damage to, or destruction of, property, and

    • (b) the act or omission described in paragraph (a) would, if committed in Canada, be an offence against this Act,

    that person shall be deemed to commit that act or omission in Canada if paragraph (3.5)(a), (b) or (c) applies in respect of the act or omission.

  • Marginal note:Idem

    (3.3) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that if committed in Canada would constitute

    • (a) a conspiracy or an attempt to commit,

    • (b) being an accessory after the fact in relation to, or

    • (c) counselling in relation to,

    an act or omission that is an offence by virtue of subsection (3.2) shall be deemed to commit the act or omission in Canada if paragraph (3.5)(a), (b) or (c) applies in respect of the act or omission.

  • Marginal note:Idem

    (3.4) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that if committed in Canada would constitute an offence against, a conspiracy or an attempt to commit or being an accessory after the fact in relation to an offence against, or any counselling in relation to an offence against,

    • (a) section 334, 341, 344 or 380 or paragraph 362(1)(a) in relation to nuclear material,

    • (b) section 346 in respect of a threat to commit an offence against section 334 or 344 in relation to nuclear material,

    • (c) section 423 in relation to a demand for nuclear material, or

    • (d) paragraph 264.1(1)(a) or (b) in respect of a threat to use nuclear material

    shall be deemed to commit that act or omission in Canada if paragraph (3.5)(a), (b) or (c) applies in respect of the act or omission.

  • Marginal note:Idem

    (3.5) For the purposes of subsections (3.2) to (3.4), a person shall be deemed to commit an act or omission in Canada if

    • (a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament;

    • (b) the act or omission is committed on an aircraft

      • (i) registered in Canada under regulations made under the Aeronautics Act, or

      • (ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft in Canada under those regulations; or

    • (c) the person who commits the act or omission is a Canadian citizen or is, after the act or omission has been committed, present in Canada.

  • Definition of “nuclear material”

    (3.6) For the purposes of this section, “nuclear material” means

    • (a) plutonium, except plutonium with an isotopic concentration of plutonium-238 exceeding eighty per cent,

    • (b) uranium-233,

    • (c) uranium containing uranium-233 or uranium-235 or both in such an amount that the abundance ratio of the sum of those isotopes to the isotope uranium-238 is greater than 0.72 per cent,

    • (d) uranium with an isotopic concentration equal to that occurring in nature, and

    • (e) any substance containing anything described in paragraphs (a) to (d),

    but does not include uranium in the form of ore or ore-residue.

  • Marginal note:Jurisdiction

    (3.7) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that, if committed in Canada, would constitute an offence against, a conspiracy or an attempt to commit an offence against, being an accessory after the fact in relation to an offence against, or any counselling in relation to an offence against, section 269.1 shall be deemed to commit that act or omission in Canada if

    • (a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament;

    • (b) the act or omission is committed on an aircraft

      • (i) registered in Canada under regulations made under the Aeronautics Act, or

      • (ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft in Canada under those regulations;

    • (c) the person who commits the act or omission is a Canadian citizen;

    • (d) the complainant is a Canadian citizen; or

    • (e) the person who commits the act or omission is, after the commission thereof, present in Canada.

  • Marginal note:Offence against United Nations or associated personnel

    (3.71) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission against a member of United Nations personnel or associated personnel or against property referred to in section 431.1 that, if committed in Canada, would constitute an offence against, a conspiracy or an attempt to commit an offence against, or being an accessory after the fact or counselling in relation to an offence against, section 235, 236, 266, 267, 268, 269, 269.1, 271, 272, 273, 279, 279.1, 424.1 or 431.1 is deemed to commit that act or omission in Canada if

    • (a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, under an Act of Parliament;

    • (b) the act or omission is committed on an aircraft

      • (i) registered in Canada under regulations made under the Aeronautics Act, or

      • (ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft in Canada under those regulations;

    • (c) the person who commits the act or omission

      • (i) is a Canadian citizen, or

      • (ii) is not a citizen of any state and ordinarily resides in Canada;

    • (d) the person who commits the act or omission is, after the commission of the act or omission, present in Canada;

    • (e) the act or omission is committed against a Canadian citizen; or

    • (f) the act or omission is committed with intent to compel the Government of Canada or of a province to do or refrain from doing any act.

  • Marginal note:Offence involving explosive or other lethal device

    (3.72) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that, if committed in Canada, would constitute an offence against, a conspiracy or an attempt to commit an offence against, or being an accessory after the fact or counselling in relation to an offence against, section 431.2 is deemed to commit that act or omission in Canada if

    • (a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, under any Act of Parliament;

    • (b) the act or omission is committed on an aircraft

      • (i) registered in Canada under regulations made under the Aeronautics Act,

      • (ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft in Canada under those regulations, or

      • (iii) operated for or on behalf of the Government of Canada;

    • (c) the person who commits the act or omission

      • (i) is a Canadian citizen, or

      • (ii) is not a citizen of any state and ordinarily resides in Canada;

    • (d) the person who commits the act or omission is, after the commission of the act or omission, present in Canada;

    • (e) the act or omission is committed against a Canadian citizen;

    • (f) the act or omission is committed with intent to compel the Government of Canada or of a province to do or refrain from doing any act; or

    • (g) the act or omission is committed against a Canadian government or public facility located outside Canada.

  • Marginal note:Offence relating to financing of terrorism

    (3.73) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that, if committed in Canada, would constitute an offence against, a conspiracy or an attempt to commit an offence against, or being an accessory after the fact or counselling in relation to an offence against, section 83.02 is deemed to commit the act or omission in Canada if

    • (a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, under an Act of Parliament;

    • (b) the act or omission is committed on an aircraft

      • (i) registered in Canada under regulations made under the Aeronautics Act, or

      • (ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as the owner of an aircraft in Canada under those regulations;

    • (c) the person who commits the act or omission

      • (i) is a Canadian citizen, or

      • (ii) is not a citizen of any state and ordinarily resides in Canada;

    • (d) the person who commits the act or omission is, after its commission, present in Canada;

    • (e) the act or omission is committed for the purpose of committing an act or omission referred to in paragraph 83.02(a) or (b) in order to compel the Government of Canada or of a province to do or refrain from doing any act;

    • (f) the act or omission is committed for the purpose of committing an act or omission referred to in paragraph 83.02(a) or (b) against a Canadian government or public facility located outside Canada; or

    • (g) the act or omission is committed for the purpose of committing an act or omission referred to in paragraph 83.02(a) or (b) in Canada or against a Canadian citizen.

  • Marginal note:Terrorism offence committed outside Canada

    (3.74) Notwithstanding anything in this Act or any other Act, every one who commits an act or omission outside Canada that, if committed in Canada, would be a terrorism offence, other than an offence under section 83.02 or an offence referred to in paragraph (a) of the definition “terrorist activity” in subsection 83.01(1), is deemed to have committed that act or omission in Canada if the person

    • (a) is a Canadian citizen;

    • (b) is not a citizen of any state and ordinarily resides in Canada; or

    • (c) is a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and is, after the commission of the act or omission, present in Canada.

  • Marginal note:Terrorist activity committed outside Canada

    (3.75) Notwithstanding anything in this Act or any other Act, every one who commits an act or omission outside Canada that, if committed in Canada, would be an indictable offence and would also constitute a terrorist activity referred to in paragraph (b) of the definition “terrorist activity” in subsection 83.01(1) is deemed to commit that act or omission in Canada if

    • (a) the act or omission is committed against a Canadian citizen;

    • (b) the act or omission is committed against a Canadian government or public facility located outside Canada; or

    • (c) the act or omission is committed with intent to compel the Government of Canada or of a province to do or refrain from doing any act.

  • (3.76) and (3.77) [Repealed, 2000, c. 24, s. 42]

  • Marginal note:Offences by Public Service employees

    (4) Every one who, while employed as an employee within the meaning of the Public Service Employment Act in a place outside Canada, commits an act or omission in that place that is an offence under the laws of that place and that, if committed in Canada, would be an offence punishable by indictment shall be deemed to have committed that act or omission in Canada.

  • Marginal note:Offence in relation to sexual offences against children

    (4.1) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that if committed in Canada would be an offence against section 151, 152, 153, 155 or 159, subsection 160(2) or (3), section 163.1, 170, 171 or 173 or subsection 212(4) shall be deemed to commit that act or omission in Canada if the person who commits the act or omission is a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act.

  • (4.2) [Repealed, 2002, c. 13, s. 3]

  • Marginal note:Consent of Attorney General

    (4.3) Proceedings with respect to an act or omission deemed to have been committed in Canada under subsection (4.1) may only be instituted with the consent of the Attorney General.

  • Marginal note:Jurisdiction

    (5) Where a person is alleged to have committed an act or omission that is an offence by virtue of this section, proceedings in respect of that offence may, whether or not that person is in Canada, be commenced in any territorial division in Canada and the accused may be tried and punished in respect of that offence in the same manner as if the offence had been committed in that territorial division.

  • Marginal note:Appearance of accused at trial

    (5.1) For greater certainty, the provisions of this Act relating to

    • (a) requirements that an accused appear at and be present during proceedings, and

    • (b) the exceptions to those requirements,

    apply to proceedings commenced in any territorial division pursuant to subsection (5).

  • Marginal note:Where previously tried outside Canada

    (6) Where a person is alleged to have committed an act or omission that is an offence by virtue of this section and that person has been tried and dealt with outside Canada in respect of the offence in such a manner that, if that person had been tried and dealt with in Canada, he would be able to plead autrefois acquit, autrefois convict or pardon, that person shall be deemed to have been so tried and dealt with in Canada.

  • Marginal note:If accused not Canadian citizen

    (7) If the accused is not a Canadian citizen, no proceedings in respect of which courts have jurisdiction by virtue of this section shall be continued unless the consent of the Attorney General of Canada is obtained not later than eight days after the proceedings are commenced.

  • Definition of “flight” and “in flight”

    (8) For the purposes of this section, of the definition “peace officer” in section 2 and of sections 27.1, 76 and 77, “flight” means the act of flying or moving through the air and an aircraft is deemed to be in flight from the time when all external doors are closed following embarkation until the later of

    • (a) the time at which any such door is opened for the purpose of disembarkation, and

    • (b) where the aircraft makes a forced landing in circumstances in which the owner or operator thereof or a person acting on behalf of either of them is not in control of the aircraft, the time at which control of the aircraft is restored to the owner or operator thereof or a person acting on behalf of either of them.

  • Definition of “in service”

    (9) For the purposes of this section and section 77, an aircraft shall be deemed to be in service from the time when pre-flight preparation of the aircraft by ground personnel or the crew thereof begins for a specific flight until

    • (a) the flight is cancelled before the aircraft is in flight,

    • (b) twenty-four hours after the aircraft, having commenced the flight, lands, or

    • (c) the aircraft, having commenced the flight, ceases to be in flight,

    whichever is the latest.

  • Marginal note:Certificate as evidence

    (10) In any proceedings under this Act, a certificate purporting to have been issued by or under the authority of the Minister of Foreign Affairs is admissible in evidence without proof of the signature or authority of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof of the facts it states that are relevant to the question of whether any person is a member of United Nations personnel, a member of associated personnel or a person who is entitled under international law to protection from attack or threat of attack against his or her person, freedom or dignity.

  • Marginal note:Idem

    (11) A certificate purporting to have been issued by or under the authority of the Minister of Foreign Affairs stating

    • (a) that at a certain time any state was engaged in an armed conflict against Canada or was allied with Canada in an armed conflict,

    • (b) that at a certain time any convention, treaty or other international agreement was or was not in force and that Canada was or was not a party thereto, or

    • (c) that Canada agreed or did not agree to accept and apply the provisions of any convention, treaty or other international agreement in an armed conflict in which Canada was involved,

    is admissible in evidence in any proceedings without proof of the signature or authority of the person appearing to have issued it, and is proof of the facts so stated.

  • R.S., 1985, c. C-46, s. 7;
  • R.S., 1985, c. 27 (1st Supp.), s. 5, c. 10 (3rd Supp.), s. 1, c. 30 (3rd Supp.), s. 1, c. 1 (4th Supp.), s. 18(F);
  • 1992, c. 1, ss. 58, 60(F);
  • 1993, c. 7, s. 1;
  • 1995, c. 5, s. 25;
  • 1997, c. 16, s. 1;
  • 1999, c. 35, s. 11;
  • 2000, c. 24, s. 42;
  • 2001, c. 27, s. 244, c. 41, ss. 3, 126;
  • 2002, c. 13, s. 3;
  • 2004, c. 12, s. 1;
  • 2005, c. 40, s. 2.
Marginal note:Application to territories
  •  (1) The provisions of this Act apply throughout Canada except

    • (a) in Yukon, in so far as they are inconsistent with the Yukon Act;

    • (b) in the Northwest Territories, in so far as they are inconsistent with the Northwest Territories Act; and

    • (c) in Nunavut, in so far as they are inconsistent with the Nunavut Act.

  • Marginal note:Application of criminal law of England

    (2) The criminal law of England that was in force in a province immediately before April 1, 1955 continues in force in the province except as altered, varied, modified or affected by this Act or any other Act of the Parliament of Canada.

  • Marginal note:Common law principles continued

    (3) Every rule and principle of the common law that renders any circumstance a justification or excuse for an act or a defence to a charge continues in force and applies in respect of proceedings for an offence under this Act or any other Act of Parliament except in so far as they are altered by or are inconsistent with this Act or any other Act of Parliament.

  • R.S., 1985, c. C-46, s. 8;
  • 1993, c. 28, s. 78;
  • 2002, c. 7, s. 138.
Marginal note:Criminal offences to be under law of Canada

 Notwithstanding anything in this Act or any other Act, no person shall be convicted or discharged under section 730

  • (a) of an offence at common law,

  • (b) of an offence under an Act of the Parliament of England, or of Great Britain, or of the United Kingdom of Great Britain and Ireland, or

  • (c) of an offence under an Act or ordinance in force in any province, territory or place before that province, territory or place became a province of Canada,

but nothing in this section affects the power, jurisdiction or authority that a court, judge, justice or provincial court judge had, immediately before April 1, 1955, to impose punishment for contempt of court.

  • R.S., 1985, c. C-46, s. 9;
  • R.S., 1985, c. 27 (1st Supp.), s. 6, c. 1 (4th Supp.), s. 18(F);
  • 1995, c. 22, s. 10.
Marginal note:Appeal
  •  (1) Where a court, judge, justice or provincial court judge summarily convicts a person for a contempt of court committed in the face of the court and imposes punishment in respect thereof, that person may appeal

    • (a) from the conviction; or

    • (b) against the punishment imposed.

  • Marginal note:Idem

    (2) Where a court or judge summarily convicts a person for a contempt of court not committed in the face of the court and punishment is imposed in respect thereof, that person may appeal

    • (a) from the conviction; or

    • (b) against the punishment imposed.

  • Marginal note:Part XXI applies

    (3) An appeal under this section lies to the court of appeal of the province in which the proceedings take place, and, for the purposes of this section, the provisions of Part XXI apply, with such modifications as the circumstances require.

  • R.S., 1985, c. C-46, s. 10;
  • R.S., 1985, c. 27 (1st Supp.), s. 203.
Marginal note:Civil remedy not suspended

 No civil remedy for an act or omission is suspended or affected by reason that the act or omission is a criminal offence.

  • R.S., c. C-34, s. 10.
Marginal note:Offence punishable under more than one Act

 Where an act or omission is an offence under more than one Act of Parliament, whether punishable by indictment or on summary conviction, a person who does the act or makes the omission is, unless a contrary intention appears, subject to proceedings under any of those Acts, but is not liable to be punished more than once for the same offence.

  • R.S., c. C-34, s. 11.
Marginal note:Child under twelve

 No person shall be convicted of an offence in respect of an act or omission on his part while that person was under the age of twelve years.

  • R.S., c. C-34, s. 12;
  • 1980-81-82-83, c. 110, s. 72.
Marginal note:Consent to death

 No person is entitled to consent to have death inflicted on him, and such consent does not affect the criminal responsibility of any person by whom death may be inflicted on the person by whom consent is given.

  • R.S., c. C-34, s. 14.
Marginal note:Obedience to de facto law

 No person shall be convicted of an offence in respect of an act or omission in obedience to the laws for the time being made and enforced by persons in de facto possession of the sovereign power in and over the place where the act or omission occurs.

  • R.S., c. C-34, s. 15.
Marginal note:Defence of mental disorder
  •  (1) No person is criminally responsible for an act committed or an omission made while suffering from a mental disorder that rendered the person incapable of appreciating the nature and quality of the act or omission or of knowing that it was wrong.

  • Marginal note:Presumption

    (2) Every person is presumed not to suffer from a mental disorder so as to be exempt from criminal responsibility by virtue of subsection (1), until the contrary is proved on the balance of probabilities.

  • Marginal note:Burden of proof

    (3) The burden of proof that an accused was suffering from a mental disorder so as to be exempt from criminal responsibility is on the party that raises the issue.

  • R.S., 1985, c. C-46, s. 16;
  • R.S., 1985, c. 27 (1st Supp.), s. 185(F);
  • 1991, c. 43, s. 2.
Marginal note:Compulsion by threats

 A person who commits an offence under compulsion by threats of immediate death or bodily harm from a person who is present when the offence is committed is excused for committing the offence if the person believes that the threats will be carried out and if the person is not a party to a conspiracy or association whereby the person is subject to compulsion, but this section does not apply where the offence that is committed is high treason or treason, murder, piracy, attempted murder, sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm, aggravated sexual assault, forcible abduction, hostage taking, robbery, assault with a weapon or causing bodily harm, aggravated assault, unlawfully causing bodily harm, arson or an offence under sections 280 to 283 (abduction and detention of young persons).

  • R.S., 1985, c. C-46, s. 17;
  • R.S., 1985, c. 27 (1st Supp.), s. 40.
Marginal note:Compulsion of spouse

 No presumption arises that a married person who commits an offence does so under compulsion by reason only that the offence is committed in the presence of the spouse of that married person.

  • R.S., c. C-34, s. 18;
  • 1980-81-82-83, c. 125, s. 4.
Marginal note:Ignorance of the law

 Ignorance of the law by a person who commits an offence is not an excuse for committing that offence.

  • R.S., c. C-34, s. 19.
Marginal note:Certain acts on holidays valid

 A warrant or summons that is authorized by this Act or an appearance notice, promise to appear, undertaking or recognizance issued, given or entered into in accordance with Part XVI, XXI or XXVII may be issued, executed, given or entered into, as the case may be, on a holiday.

  • R.S., c. C-34, s. 20;
  • R.S., c. 2(2nd Supp.), s. 2.

Parties to Offences

Marginal note:Parties to offence
  •  (1) Every one is a party to an offence who

    • (a) actually commits it;

    • (b) does or omits to do anything for the purpose of aiding any person to commit it; or

    • (c) abets any person in committing it.

  • Marginal note:Common intention

    (2) Where two or more persons form an intention in common to carry out an unlawful purpose and to assist each other therein and any one of them, in carrying out the common purpose, commits an offence, each of them who knew or ought to have known that the commission of the offence would be a probable consequence of carrying out the common purpose is a party to that offence.

  • R.S., c. C-34, s. 21.
Marginal note:Person counselling offence
  •  (1) Where a person counsels another person to be a party to an offence and that other person is afterwards a party to that offence, the person who counselled is a party to that offence, notwithstanding that the offence was committed in a way different from that which was counselled.

  • Marginal note:Idem

    (2) Every one who counsels another person to be a party to an offence is a party to every offence that the other commits in consequence of the counselling that the person who counselled knew or ought to have known was likely to be committed in consequence of the counselling.

  • Definition of “counsel”

    (3) For the purposes of this Act, “counsel” includes procure, solicit or incite.

  • R.S., 1985, c. C-46, s. 22;
  • R.S., 1985, c. 27 (1st Supp.), s. 7.
Marginal note:Offences of negligence — organizations

 In respect of an offence that requires the prosecution to prove negligence, an organization is a party to the offence if

  • (a) acting within the scope of their authority

    • (i) one of its representatives is a party to the offence, or

    • (ii) two or more of its representatives engage in conduct, whether by act or omission, such that, if it had been the conduct of only one representative, that representative would have been a party to the offence; and

  • (b) the senior officer who is responsible for the aspect of the organization’s activities that is relevant to the offence departs — or the senior officers, collectively, depart — markedly from the standard of care that, in the circumstances, could reasonably be expected to prevent a representative of the organization from being a party to the offence.

  • 2003, c. 21, s. 2.
Marginal note:Other offences — organizations

 In respect of an offence that requires the prosecution to prove fault — other than negligence — an organization is a party to the offence if, with the intent at least in part to benefit the organization, one of its senior officers

  • (a) acting within the scope of their authority, is a party to the offence;

  • (b) having the mental state required to be a party to the offence and acting within the scope of their authority, directs the work of other representatives of the organization so that they do the act or make the omission specified in the offence; or

  • (c) knowing that a representative of the organization is or is about to be a party to the offence, does not take all reasonable measures to stop them from being a party to the offence.

  • 2003, c. 21, s. 2.
Marginal note:Accessory after the fact
  •  (1) An accessory after the fact to an offence is one who, knowing that a person has been a party to the offence, receives, comforts or assists that person for the purpose of enabling that person to escape.

  • (2) [Repealed, 2000, c. 12, s. 92]

  • R.S., 1985, c. C-46, s. 23;
  • 2000, c. 12, s. 92.
Marginal note:Where one party cannot be convicted

 For greater certainty, sections 21 to 23 apply in respect of an accused notwithstanding the fact that the person whom the accused aids or abets, counsels or procures or receives, comforts or assists cannot be convicted of the offence.

  • R.S., 1985, c. 24 (2nd Supp.), s. 45.
Marginal note:Attempts
  •  (1) Every one who, having an intent to commit an offence, does or omits to do anything for the purpose of carrying out the intention is guilty of an attempt to commit the offence whether or not it was possible under the circumstances to commit the offence.

  • Marginal note:Question of law

    (2) The question whether an act or omission by a person who has an intent to commit an offence is or is not mere preparation to commit the offence, and too remote to constitute an attempt to commit the offence, is a question of law.

  • R.S., c. C-34, s. 24.

Protection of Persons Administering and Enforcing the Law

Marginal note:Protection of persons acting under authority
  •  (1) Every one who is required or authorized by law to do anything in the administration or enforcement of the law

    • (a) as a private person,

    • (b) as a peace officer or public officer,

    • (c) in aid of a peace officer or public officer, or

    • (d) by virtue of his office,

    is, if he acts on reasonable grounds, justified in doing what he is required or authorized to do and in using as much force as is necessary for that purpose.

  • Marginal note:Idem

    (2) Where a person is required or authorized by law to execute a process or to carry out a sentence, that person or any person who assists him is, if that person acts in good faith, justified in executing the process or in carrying out the sentence notwithstanding that the process or sentence is defective or that it was issued or imposed without jurisdiction or in excess of jurisdiction.

  • Marginal note:When not protected

    (3) Subject to subsections (4) and (5), a person is not justified for the purposes of subsection (1) in using force that is intended or is likely to cause death or grievous bodily harm unless the person believes on reasonable grounds that it is necessary for the self-preservation of the person or the preservation of any one under that person’s protection from death or grievous bodily harm.

  • Marginal note:When protected

    (4) A peace officer, and every person lawfully assisting the peace officer, is justified in using force that is intended or is likely to cause death or grievous bodily harm to a person to be arrested, if

    • (a) the peace officer is proceeding lawfully to arrest, with or without warrant, the person to be arrested;

    • (b) the offence for which the person is to be arrested is one for which that person may be arrested without warrant;

    • (c) the person to be arrested takes flight to avoid arrest;

    • (d) the peace officer or other person using the force believes on reasonable grounds that the force is necessary for the purpose of protecting the peace officer, the person lawfully assisting the peace officer or any other person from imminent or future death or grievous bodily harm; and

    • (e) the flight cannot be prevented by reasonable means in a less violent manner.

  • Marginal note:Power in case of escape from penitentiary

    (5) A peace officer is justified in using force that is intended or is likely to cause death or grievous bodily harm against an inmate who is escaping from a penitentiary within the meaning of subsection 2(1) of the Corrections and Conditional Release Act, if

    • (a) the peace officer believes on reasonable grounds that any of the inmates of the penitentiary poses a threat of death or grievous bodily harm to the peace officer or any other person; and

    • (b) the escape cannot be prevented by reasonable means in a less violent manner.

  • R.S., 1985, c. C-46, s. 25;
  • 1994, c. 12, s. 1.
Marginal note:Definitions
  •  (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 Minister of Public Safety and Emergency Preparedness, 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.

  • 2001, c. 32, s. 2;
  • 2005, c. 10, s. 34.
Marginal note:Public officer to file report

 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.

  • 2001, c. 32, s. 2.
Marginal note:Annual report
  •  (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.

  • 2001, c. 32, s. 2.
Marginal note:Written notification to be given
  •  (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.

  • 2001, c. 32, s. 2.
Marginal note:Excessive force

 Every one who is authorized by law to use force is criminally responsible for any excess thereof according to the nature and quality of the act that constitutes the excess.

  • R.S., c. C-34, s. 26.
Marginal note:Use of force to prevent commission of offence

 Every one is justified in using as much force as is reasonably necessary

  • (a) to prevent the commission of an offence

    • (i) for which, if it were committed, the person who committed it might be arrested without warrant, and

    • (ii) that would be likely to cause immediate and serious injury to the person or property of anyone; or

  • (b) to prevent anything being done that, on reasonable grounds, he believes would, if it were done, be an offence mentioned in paragraph (a).

  • R.S., c. C-34, s. 27.
Marginal note:Use of force on board an aircraft
  •  (1) Every person on an aircraft in flight is justified in using as much force as is reasonably necessary to prevent the commission of an offence against this Act or another Act of Parliament that the person believes on reasonable grounds, if it were committed, would be likely to cause immediate and serious injury to the aircraft or to any person or property therein.

  • Marginal note:Application of this section

    (2) This section applies in respect of any aircraft in flight in Canadian airspace and in respect of any aircraft registered in Canada in accordance with the regulations made under the Aeronautics Act in flight outside Canadian airspace.

  • 2004, c. 12, s. 2.
Marginal note:Arrest of wrong person
  •  (1) Where a person who is authorized to execute a warrant to arrest believes, in good faith and on reasonable grounds, that the person whom he arrests is the person named in the warrant, he is protected from criminal responsibility in respect thereof to the same extent as if that person were the person named in the warrant.

  • Marginal note:Person assisting

    (2) Where a person is authorized to execute a warrant to arrest,

    • (a) every one who, being called on to assist him, believes that the person in whose arrest he is called on to assist is the person named in the warrant, and

    • (b) every keeper of a prison who is required to receive and detain a person who he believes has been arrested under the warrant,

    is protected from criminal responsibility in respect thereof to the same extent as if that person were the person named in the warrant.

  • R.S., c. C-34, s. 28.
Marginal note:Duty of person arresting
  •  (1) It is the duty of every one who executes a process or warrant to have it with him, where it is feasible to do so, and to produce it when requested to do so.

  • Marginal note:Notice

    (2) It is the duty of every one who arrests a person, whether with or without a warrant, to give notice to that person, where it is feasible to do so, of

    • (a) the process or warrant under which he makes the arrest; or

    • (b) the reason for the arrest.

  • Marginal note:Failure to comply

    (3) Failure to comply with subsection (1) or (2) does not of itself deprive a person who executes a process or warrant, or a person who makes an arrest, or those who assist them, of protection from criminal responsibility.

  • R.S., c. C-34, s. 29.
Marginal note:Preventing breach of peace

 Every one who witnesses a breach of the peace is justified in interfering to prevent the continuance or renewal thereof and may detain any person who commits or is about to join in or to renew the breach of the peace, for the purpose of giving him into the custody of a peace officer, if he uses no more force than is reasonably necessary to prevent the continuance or renewal of the breach of the peace or than is reasonably proportioned to the danger to be apprehended from the continuance or renewal of the breach of the peace.

  • R.S., c. C-34, s. 30.
Marginal note:Arrest for breach of peace
  •  (1) Every peace officer who witnesses a breach of the peace and every one who lawfully assists the peace officer is justified in arresting any person whom he finds committing the breach of the peace or who, on reasonable grounds, he believes is about to join in or renew the breach of the peace.

  • Marginal note:Giving person in charge

    (2) Every peace officer is justified in receiving into custody any person who is given into his charge as having been a party to a breach of the peace by one who has, or who on reasonable grounds the peace officer believes has, witnessed the breach of the peace.

  • R.S., c. C-34, s. 31.

Suppression of Riots

Marginal note:Use of force to suppress riot
  •  (1) Every peace officer is justified in using or in ordering the use of as much force as the peace officer believes, in good faith and on reasonable grounds,

    • (a) is necessary to suppress a riot; and

    • (b) is not excessive, having regard to the danger to be apprehended from the continuance of the riot.

  • Marginal note:Person bound by military law

    (2) Every one who is bound by military law to obey the command of his superior officer is justified in obeying any command given by his superior officer for the suppression of a riot unless the order is manifestly unlawful.

  • Marginal note:Obeying order of peace officer

    (3) Every one is justified in obeying an order of a peace officer to use force to suppress a riot if

    • (a) he acts in good faith; and

    • (b) the order is not manifestly unlawful.

  • Marginal note:Apprehension of serious mischief

    (4) Every one who, in good faith and on reasonable grounds, believes that serious mischief will result from a riot before it is possible to secure the attendance of a peace officer is justified in using as much force as he believes in good faith and on reasonable grounds,

    • (a) is necessary to suppress the riot; and

    • (b) is not excessive, having regard to the danger to be apprehended from the continuance of the riot.

  • Marginal note:Question of law

    (5) For the purposes of this section, the question whether an order is manifestly unlawful or not is a question of law.

  • R.S., c. C-34, s. 32.
Marginal note:Duty of officers if rioters do not disperse
  •  (1) Where the proclamation referred to in section 67 has been made or an offence against paragraph 68(a) or (b) has been committed, it is the duty of a peace officer and of a person who is lawfully required by him to assist, to disperse or to arrest persons who do not comply with the proclamation.

  • Marginal note:Protection of officers

    (2) No civil or criminal proceedings lie against a peace officer or a person who is lawfully required by a peace officer to assist him in respect of any death or injury that by reason of resistance is caused as a result of the performance by the peace officer or that person of a duty that is imposed by subsection (1).

  • Marginal note:Section not restrictive

    (3) Nothing in this section limits or affects any powers, duties or functions that are conferred or imposed by this Act with respect to the suppression of riots.

  • R.S., c. C-34, s. 33.

Self-induced Intoxication

Marginal note:When defence not available
  •  (1) It is not a defence to an offence referred to in subsection (3) that the accused, by reason of self-induced intoxication, lacked the general intent or the voluntariness required to commit the offence, where the accused departed markedly from the standard of care as described in subsection (2).

  • Marginal note:Criminal fault by reason of intoxication

    (2) For the purposes of this section, a person departs markedly from the standard of reasonable care generally recognized in Canadian society and is thereby criminally at fault where the person, while in a state of self-induced intoxication that renders the person unaware of, or incapable of consciously controlling, their behaviour, voluntarily or involuntarily interferes or threatens to interfere with the bodily integrity of another person.

  • Marginal note:Application

    (3) This section applies in respect of an offence under this Act or any other Act of Parliament that includes as an element an assault or any other interference or threat of interference by a person with the bodily integrity of another person.

  • 1995, c. 32, s. 1.

Defence of Person

Marginal note:Self-defence against unprovoked assault
  •  (1) Every one who is unlawfully assaulted without having provoked the assault is justified in repelling force by force if the force he uses is not intended to cause death or grievous bodily harm and is no more than is necessary to enable him to defend himself.

  • Marginal note:Extent of justification

    (2) Every one who is unlawfully assaulted and who causes death or grievous bodily harm in repelling the assault is justified if

    • (a) he causes it under reasonable apprehension of death or grievous bodily harm from the violence with which the assault was originally made or with which the assailant pursues his purposes; and

    • (b) he believes, on reasonable grounds, that he cannot otherwise preserve himself from death or grievous bodily harm.

  • R.S., 1985, c. C-46, s. 34;
  • 1992, c. 1, s. 60(F).
Marginal note:Self-defence in case of aggression

 Every one who has without justification assaulted another but did not commence the assault with intent to cause death or grievous bodily harm, or has without justification provoked an assault on himself by another, may justify the use of force subsequent to the assault if

  • (a) he uses the force

    • (i) under reasonable apprehension of death or grievous bodily harm from the violence of the person whom he has assaulted or provoked, and

    • (ii) in the belief, on reasonable grounds, that it is necessary in order to preserve himself from death or grievous bodily harm;

  • (b) he did not, at any time before the necessity of preserving himself from death or grievous bodily harm arose, endeavour to cause death or grievous bodily harm; and

  • (c) he declined further conflict and quitted or retreated from it as far as it was feasible to do so before the necessity of preserving himself from death or grievous bodily harm arose.

  • R.S., c. C-34, s. 35.
Marginal note:Provocation

 Provocation includes, for the purposes of sections 34 and 35, provocation by blows, words or gestures.

  • R.S., c. C-34, s. 36.
Marginal note:Preventing assault
  •  (1) Every one is justified in using force to defend himself or any one under his protection from assault, if he uses no more force than is necessary to prevent the assault or the repetition of it.

  • Marginal note:Extent of justification

    (2) Nothing in this section shall be deemed to justify the wilful infliction of any hurt or mischief that is excessive, having regard to the nature of the assault that the force used was intended to prevent.

  • R.S., c. C-34, s. 37.

Defence of Property

Marginal note:Defence of personal property
  •  (1) Every one who is in peaceable possession of personal property, and every one lawfully assisting him, is justified

    • (a) in preventing a trespasser from taking it, or

    • (b) in taking it from a trespasser who has taken it,

    if he does not strike or cause bodily harm to the trespasser.

  • Marginal note:Assault by trespasser

    (2) Where a person who is in peaceable possession of personal property lays hands on it, a trespasser who persists in attempting to keep it or take it from him or from any one lawfully assisting him shall be deemed to commit an assault without justification or provocation.

  • R.S., c. C-34, s. 38.
Marginal note:Defence with claim of right
  •  (1) Every one who is in peaceable possession of personal property under a claim of right, and every one acting under his authority, is protected from criminal responsibility for defending that possession, even against a person entitled by law to possession of it, if he uses no more force than is necessary.

  • Marginal note:Defence without claim of right

    (2) Every one who is in peaceable possession of personal property, but does not claim it as of right or does not act under the authority of a person who claims it as of right, is not justified or protected from criminal responsibility for defending his possession against a person who is entitled by law to possession of it.

  • R.S., c. C-34, s. 39.
Marginal note:Defence of dwelling

 Every one who is in peaceable possession of a dwelling-house, and every one lawfully assisting him or acting under his authority, is justified in using as much force as is necessary to prevent any person from forcibly breaking into or forcibly entering the dwelling-house without lawful authority.

  • R.S., c. C-34, s. 40.
Marginal note:Defence of house or real property
  •  (1) Every one who is in peaceable possession of a dwelling-house or real property, and every one lawfully assisting him or acting under his authority, is justified in using force to prevent any person from trespassing on the dwelling-house or real property, or to remove a trespasser therefrom, if he uses no more force than is necessary.

  • Marginal note:Assault by trespasser

    (2) A trespasser who resists an attempt by a person who is in peaceable possession of a dwelling-house or real property, or a person lawfully assisting him or acting under his authority to prevent his entry or to remove him, shall be deemed to commit an assault without justification or provocation.

  • R.S., c. C-34, s. 41.
Marginal note:Assertion of right to house or real property
  •  (1) Every one is justified in peaceably entering a dwelling-house or real property by day to take possession of it if he, or a person under whose authority he acts, is lawfully entitled to possession of it.

  • Marginal note:Assault in case of lawful entry

    (2) Where a person

    • (a) not having peaceable possession of a dwelling-house or real property under a claim of right, or

    • (b) not acting under the authority of a person who has peaceable possession of a dwelling-house or real property under a claim of right,

    assaults a person who is lawfully entitled to possession of it and who is entering it peaceably by day to take possession of it, for the purpose of preventing him from entering, the assault shall be deemed to be without justification or provocation.

  • Marginal note:Trespasser provoking assault

    (3) Where a person

    • (a) having peaceable possession of a dwelling-house or real property under a claim of right, or

    • (b) acting under the authority of a person who has peaceable possession of a dwelling-house or real property under a claim of right,

    assaults any person who is lawfully entitled to possession of it and who is entering it peaceably by day to take possession of it, for the purpose of preventing him from entering, the assault shall be deemed to be provoked by the person who is entering.

  • R.S., c. C-34, s. 42.

Protection of Persons in Authority

Marginal note:Correction of child by force

 Every schoolteacher, parent or person standing in the place of a parent is justified in using force by way of correction toward a pupil or child, as the case may be, who is under his care, if the force does not exceed what is reasonable under the circumstances.

  • R.S., c. C-34, s. 43.

 [Repealed, 2001, c. 26, s. 294]

Marginal note:Surgical operations

 Every one is protected from criminal responsibility for performing a surgical operation on any person for the benefit of that person if

  • (a) the operation is performed with reasonable care and skill; and

  • (b) it is reasonable to perform the operation, having regard to the state of health of the person at the time the operation is performed and to all the circumstances of the case.

  • R.S., c. C-34, s. 45.

PART IIOFFENCES AGAINST PUBLIC ORDER

Treason and other Offences against the Queen’s Authority and Person

Marginal note:High treason
  •  (1) Every one commits high treason who, in Canada,

    • (a) kills or attempts to kill Her Majesty, or does her any bodily harm tending to death or destruction, maims or wounds her, or imprisons or restrains her;

    • (b) levies war against Canada or does any act preparatory thereto; or

    • (c) assists an enemy at war with Canada, or any armed forces against whom Canadian Forces are engaged in hostilities, whether or not a state of war exists between Canada and the country whose forces they are.

  • Marginal note:Treason

    (2) Every one commits treason who, in Canada,

    • (a) uses force or violence for the purpose of overthrowing the government of Canada or a province;

    • (b) without lawful authority, communicates or makes available to an agent of a state other than Canada, military or scientific information or any sketch, plan, model, article, note or document of a military or scientific character that he knows or ought to know may be used by that state for a purpose prejudicial to the safety or defence of Canada;

    • (c) conspires with any person to commit high treason or to do anything mentioned in paragraph (a);

    • (d) forms an intention to do anything that is high treason or that is mentioned in paragraph (a) and manifests that intention by an overt act; or

    • (e) conspires with any person to do anything mentioned in paragraph (b) or forms an intention to do anything mentioned in paragraph (b) and manifests that intention by an overt act.

  • Marginal note:Canadian citizen

    (3) Notwithstanding subsection (1) or (2), a Canadian citizen or a person who owes allegiance to Her Majesty in right of Canada,

    • (a) commits high treason if, while in or out of Canada, he does anything mentioned in subsection (1); or

    • (b) commits treason if, while in or out of Canada, he does anything mentioned in subsection (2).

  • Marginal note:Overt act

    (4) Where it is treason to conspire with any person, the act of conspiring is an overt act of treason.

  • R.S., c. C-34, s. 46;
  • 1974-75-76, c. 105, s. 2.
Marginal note:Punishment for high treason
  •  (1) Every one who commits high treason is guilty of an indictable offence and shall be sentenced to imprisonment for life.

  • Marginal note:Punishment for treason

    (2) Every one who commits treason is guilty of an indictable offence and liable

    • (a) to be sentenced to imprisonment for life if he is guilty of an offence under paragraph 46(2)(a), (c) or (d);

    • (b) to be sentenced to imprisonment for life if he is guilty of an offence under paragraph 46(2)(b) or (e) committed while a state of war exists between Canada and another country; or

    • (c) to be sentenced to imprisonment for a term not exceeding fourteen years if he is guilty of an offence under paragraph 46(2)(b) or (e) committed while no state of war exists between Canada and another country.

  • Marginal note:Corroboration

    (3) No person shall be convicted of high treason or treason on the evidence of only one witness, unless the evidence of that witness is corroborated in a material particular by evidence that implicates the accused.

  • Marginal note:Minimum punishment

    (4) For the purposes of Part XXIII, the sentence of imprisonment for life prescribed by subsection (1) is a minimum punishment.

  • R.S., c. C-34, s. 47;
  • 1974-75-76, c. 105, s. 2.
Marginal note:Limitation
  •  (1) No proceedings for an offence of treason as defined by paragraph 46(2)(a) shall be commenced more than three years after the time when the offence is alleged to have been committed.

  • Marginal note:Information for treasonable words

    (2) No proceedings shall be commenced under section 47 in respect of an overt act of treason expressed or declared by open and considered speech unless

    • (a) an information setting out the overt act and the words by which it was expressed or declared is laid under oath before a justice within six days after the time when the words are alleged to have been spoken; and

    • (b) a warrant for the arrest of the accused is issued within ten days after the time when the information is laid.

  • R.S., c. C-34, s. 48;
  • 1974-75-76, c. 105, s. 29.

Prohibited Acts

Marginal note:Acts intended to alarm Her Majesty or break public peace

 Every one who wilfully, in the presence of Her Majesty,

  • (a) does an act with intent to alarm Her Majesty or to break the public peace, or

  • (b) does an act that is intended or is likely to cause bodily harm to Her Majesty,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • R.S., c. C-34, s. 49.
Marginal note:Assisting alien enemy to leave Canada, or omitting to prevent treason
  •  (1) Every one commits an offence who

    • (a) incites or wilfully assists a subject of

      • (i) a state that is at war with Canada, or

      • (ii) a state against whose forces Canadian Forces are engaged in hostilities, whether or not a state of war exists between Canada and the state whose forces they are,

      to leave Canada without the consent of the Crown, unless the accused establishes that assistance to the state referred to in subparagraph (i) or the forces of the state referred to in subparagraph (ii), as the case may be, was not intended thereby; or

    • (b) knowing that a person is about to commit high treason or treason does not, with all reasonable dispatch, inform a justice of the peace or other peace officer thereof or make other reasonable efforts to prevent that person from committing high treason or treason.

  • Marginal note:Punishment

    (2) Every one who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • R.S., c. C-34, s. 50;
  • 1974-75-76, c. 105, s. 29.
Marginal note:Intimidating Parliament or legislature

 Every one who does an act of violence in order to intimidate Parliament or the legislature of a province is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • R.S., c. C-34, s. 51.
Marginal note:Sabotage
  •  (1) Every one who does a prohibited act for a purpose prejudicial to

    • (a) the safety, security or defence of Canada, or

    • (b) the safety or security of the naval, army or air forces of any state other than Canada that are lawfully present in Canada,

    is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

  • Definition of “prohibited act”

    (2) In this section, “prohibited act” means an act or omission that

    • (a) impairs the efficiency or impedes the working of any vessel, vehicle, aircraft, machinery, apparatus or other thing; or

    • (b) causes property, by whomever it may be owned, to be lost, damaged or destroyed.

  • Marginal note:Saving

    (3) No person does a prohibited act within the meaning of this section by reason only that

    • (a) he stops work as a result of the failure of his employer and himself to agree on any matter relating to his employment;

    • (b) he stops work as a result of the failure of his employer and a bargaining agent acting on his behalf to agree on any matter relating to his employment; or

    • (c) he stops work as a result of his taking part in a combination of workmen or employees for their own reasonable protection as workmen or employees.

  • Marginal note:Idem

    (4) No person does a prohibited act within the meaning of this section by reason only that he attends at or near or approaches a dwelling-house or place for the purpose only of obtaining or communicating information.

  • R.S., c. C-34, s. 52.
Marginal note:Inciting to mutiny

 Every one who

  • (a) attempts, for a traitorous or mutinous purpose, to seduce a member of the Canadian Forces from his duty and allegiance to Her Majesty, or

  • (b) attempts to incite or to induce a member of the Canadian Forces to commit a traitorous or mutinous act,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • R.S., c. C-34, s. 53.
Marginal note:Assisting deserter

 Every one who aids, assists, harbours or conceals a person who he knows is a deserter or absentee without leave from the Canadian Forces is guilty of an offence punishable on summary conviction, but no proceedings shall be instituted under this section without the consent of the Attorney General of Canada.

  • R.S., c. C-34, s. 54.
Marginal note:Evidence of overt acts

 In proceedings for an offence against any provision in section 47 or sections 49 to 53, no evidence is admissible of an overt act unless that overt act is set out in the indictment or unless the evidence is otherwise relevant as tending to prove an overt act that is set out therein.

  • R.S., c. C-34, s. 55.
Marginal note:Offences in relation to members of R.C.M.P.

 Every one who wilfully

  • (a) persuades or counsels a member of the Royal Canadian Mounted Police to desert or absent himself without leave,

  • (b) aids, assists, harbours or conceals a member of the Royal Canadian Mounted Police who he knows is a deserter or absentee without leave, or

  • (c) aids or assists a member of the Royal Canadian Mounted Police to desert or absent himself without leave, knowing that the member is about to desert or absent himself without leave,

is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 56;
  • R.S., 1985, c. 27 (1st Supp.), s. 8.

Official Documents

Marginal note:Identity documents
  •  (1) Every person commits an offence who, without lawful excuse, procures to be made, possesses, transfers, sells or offers for sale an identity document that relates or purports to relate, in whole or in part, to another person.

  • Marginal note:For greater certainty

    (2) For greater certainty, subsection (1) does not prohibit an act that is carried out

    • (a) in good faith, in the ordinary course of the person’s business or employment or in the exercise of the duties of their office;

    • (b) for genealogical purposes;

    • (c) with the consent of the person to whom the identity document relates or of a person authorized to consent on behalf of the person to whom the document relates, or of the entity that issued the identity document; or

    • (d) for a legitimate purpose related to the administration of justice.

  • Definition of “identity document”

    (3) For the purposes of this section, “identity document” means a Social Insurance Number card, a driver’s licence, a health insurance card, a birth certificate, a death certificate, a passport as defined in subsection 57(5), a document that simplifies the process of entry into Canada, a certificate of citizenship, a document indicating immigration status in Canada, a certificate of Indian status or an employee identity card that bears the employee’s photograph and signature, or any similar document, issued or purported to be issued by a department or agency of the federal government or of a provincial or foreign government.

  • Marginal note:Punishment

    (4) Every person who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • 2009, c. 28, s. 1.
Marginal note:Forgery of or uttering forged passport
  •  (1) Every one who, while in or out of Canada,

    • (a) forges a passport, or

    • (b) knowing that a passport is forged

      • (i) uses, deals with or acts on it, or

      • (ii) causes or attempts to cause any person to use, deal with or act on it, as if the passport were genuine,

    is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • Marginal note:False statement in relation to passport

    (2) Every one who, while in or out of Canada, for the purpose of procuring a passport for himself or any other person or for the purpose of procuring any material alteration or addition to any such passport, makes a written or an oral statement that he knows is false or misleading

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

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Possession of forged, etc., passport

    (3) Every one who without lawful excuse, the proof of which lies on him, has in his possession a forged passport or a passport in respect of which an offence under subsection (2) has been committed is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

  • Marginal note:Special provisions applicable

    (4) For the purposes of proceedings under this section,

    • (a) the place where a passport was forged is not material; and

    • (b) the definition “false document” in section 321, and section 366, apply with such modifications as the circumstances require.

  • Definition of “passport”

    (5) In this section, “passport” means a document issued by or under the authority of the Minister of Foreign Affairs for the purpose of identifying the holder thereof.

  • Marginal note:Jurisdiction

    (6) Where a person is alleged to have committed, while out of Canada, an offence under this section, proceedings in respect of that offence may, whether or not that person is in Canada, be commenced in any territorial division in Canada and the accused may be tried and punished in respect of that offence in the same manner as if the offence had been committed in that territorial division.

  • Marginal note:Appearance of accused at trial

    (7) For greater certainty, the provisions of this Act relating to

    • (a) requirements that an accused appear at and be present during proceedings, and

    • (b) the exceptions to those requirements,

    apply to proceedings commenced in any territorial division pursuant to subsection (6).

  • R.S., 1985, c. C-46, s. 57;
  • R.S., 1985, c. 27 (1st Supp.), s. 9;
  • 1992, c. 1, s. 60(F);
  • 1994, c. 44, s. 4;
  • 1995, c. 5, s. 25.
Marginal note:Fraudulent use of certificate of citizenship
  •  (1) Every one who, while in or out of Canada,

    • (a) uses a certificate of citizenship or a certificate of naturalization for a fraudulent purpose, or

    • (b) being a person to whom a certificate of citizenship or a certificate of naturalization has been granted, knowingly parts with the possession of that certificate with intent that it should be used for a fraudulent purpose,

    is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

  • Definition of “certificate of citizenship” and “certificate of naturalization”

    (2) In this section, “certificate of citizenship” and “certificate of naturalization”, respectively, mean a certificate of citizenship and a certificate of naturalization as defined by the Citizenship Act.

  • R.S., c. C-34, s. 59;
  • 1974-75-76, c. 108, s. 41.

Sedition

Marginal note:Seditious words
  •  (1) Seditious words are words that express a seditious intention.

  • Marginal note:Seditious libel

    (2) A seditious libel is a libel that expresses a seditious intention.

  • Marginal note:Seditious conspiracy

    (3) A seditious conspiracy is an agreement between two or more persons to carry out a seditious intention.

  • Marginal note:Seditious intention

    (4) Without limiting the generality of the meaning of the expression “seditious intention”, every one shall be presumed to have a seditious intention who

    • (a) teaches or advocates, or

    • (b) publishes or circulates any writing that advocates,

    the use, without the authority of law, of force as a means of accomplishing a governmental change within Canada.

  • R.S., c. C-34, s. 60.
Marginal note:Exception

 Notwithstanding subsection 59(4), no person shall be deemed to have a seditious intention by reason only that he intends, in good faith,

  • (a) to show that Her Majesty has been misled or mistaken in her measures;

  • (b) to point out errors or defects in

    • (i) the government or constitution of Canada or a province,

    • (ii) Parliament or the legislature of a province, or

    • (iii) the administration of justice in Canada;

  • (c) to procure, by lawful means, the alteration of any matter of government in Canada; or

  • (d) to point out, for the purpose of removal, matters that produce or tend to produce feelings of hostility and ill-will between different classes of persons in Canada.

  • R.S., c. C-34, s. 61.
Marginal note:Punishment of seditious offences

 Every one who

  • (a) speaks seditious words,

  • (b) publishes a seditious libel, or

  • (c) is a party to a seditious conspiracy,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • R.S., c. C-34, s. 62.
Marginal note:Offences in relation to military forces
  •  (1) Every one who wilfully

    • (a) interferes with, impairs or influences the loyalty or discipline of a member of a force,

    • (b) publishes, edits, issues, circulates or distributes a writing that advises, counsels or urges insubordination, disloyalty, mutiny or refusal of duty by a member of a force, or

    • (c) advises, counsels, urges or in any manner causes insubordination, disloyalty, mutiny or refusal of duty by a member of a force,

    is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

  • Definition of “member of a force”

    (2) In this section, “member of a force” means a member of

    • (a) the Canadian Forces; or

    • (b) the naval, army or air forces of a state other than Canada that are lawfully present in Canada.

  • R.S., c. C-34, s. 63.

Unlawful Assemblies and Riots

Marginal note:Unlawful assembly
  •  (1) An unlawful assembly is an assembly of three or more persons who, with intent to carry out any common purpose, assemble in such a manner or so conduct themselves when they are assembled as to cause persons in the neighbourhood of the assembly to fear, on reasonable grounds, that they

    • (a) will disturb the peace tumultuously; or

    • (b) will by that assembly needlessly and without reasonable cause provoke other persons to disturb the peace tumultuously.

  • Marginal note:Lawful assembly becoming unlawful

    (2) Persons who are lawfully assembled may become an unlawful assembly if they conduct themselves with a common purpose in a manner that would have made the assembly unlawful if they had assembled in that manner for that purpose.

  • Marginal note:Exception

    (3) Persons are not unlawfully assembled by reason only that they are assembled to protect the dwelling-house of any one of them against persons who are threatening to break and enter it for the purpose of committing an indictable offence therein.

  • R.S., c. C-34, s. 64.
Marginal note:Riot

 A riot is an unlawful assembly that has begun to disturb the peace tumultuously.

  • R.S., c. C-34, s. 65.
Marginal note:Punishment of rioter

 Every one who takes part in a riot is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

  • R.S., c. C-34, s. 66.
Marginal note:Punishment for unlawful assembly

 Every one who is a member of an unlawful assembly is guilty of an offence punishable on summary conviction.

  • R.S., c. C-34, s. 67.
Marginal note:Reading proclamation

 A person who is

  • (a) a justice, mayor or sheriff, or the lawful deputy of a mayor or sheriff,

  • (b) a warden or deputy warden of a prison, or

  • (c) the institutional head of a penitentiary, as those expressions are defined in subsection 2(1) of the Corrections and Conditional Release Act, or that person’s deputy,

who receives notice that, at any place within the jurisdiction of the person, twelve or more persons are unlawfully and riotously assembled together shall go to that place and, after approaching as near as is safe, if the person is satisfied that a riot is in progress, shall command silence and thereupon make or cause to be made in a loud voice a proclamation in the following words or to the like effect:

Her Majesty the Queen charges and commands all persons being assembled immediately to disperse and peaceably to depart to their habitations or to their lawful business on the pain of being guilty of an offence for which, on conviction, they may be sentenced to imprisonment for life. GOD SAVE THE QUEEN.

  • R.S., 1985, c. C-46, s. 67;
  • 1994, c. 44, s. 5.
Marginal note:Offences related to proclamation

 Every one is guilty of an indictable offence and liable to imprisonment for life who

  • (a) opposes, hinders or assaults, wilfully and with force, a person who begins to make or is about to begin to make or is making the proclamation referred to in section 67 so that it is not made;

  • (b) does not peaceably disperse and depart from a place where the proclamation referred to in section 67 is made within thirty minutes after it is made; or

  • (c) does not depart from a place within thirty minutes when he has reasonable grounds to believe that the proclamation referred to in section 67 would have been made in that place if some person had not opposed, hindered or assaulted, wilfully and with force, a person who would have made it.

  • R.S., c. C-34, s. 69.
Marginal note:Neglect by peace officer

 A peace officer who receives notice that there is a riot within his jurisdiction and, without reasonable excuse, fails to take all reasonable steps to suppress the riot is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

  • R.S., c. C-34, s. 70.

Unlawful Drilling

Marginal note:Orders by Governor in Council
  •  (1) The Governor in Council may, by proclamation, make orders

    • (a) to prohibit assemblies, without lawful authority, of persons for the purpose

      • (i) of training or drilling themselves,

      • (ii) of being trained or drilled to the use of arms, or

      • (iii) of practising military exercises; or

    • (b) to prohibit persons when assembled for any purpose from training or drilling themselves or from being trained or drilled.

  • Marginal note:General or special order

    (2) An order that is made under subsection (1) may be general or may be made applicable to particular places, districts or assemblies to be specified in the order.

  • Marginal note:Punishment

    (3) Every one who contravenes an order made under this section is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

  • R.S., 1985, c. C-46, s. 70;
  • 1992, c. 1, s. 60(F).

Duels

Marginal note:Duelling

 Every one who

  • (a) challenges or attempts by any means to provoke another person to fight a duel,

  • (b) attempts to provoke a person to challenge another person to fight a duel, or

  • (c) accepts a challenge to fight a duel,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

  • R.S., c. C-34, s. 72.

Forcible Entry and Detainer

Marginal note:Forcible entry
  •  (1) A person commits forcible entry when that person enters real property that is in the actual and peaceable possession of another in a manner that is likely to cause a breach of the peace or reasonable apprehension of a breach of the peace.

  • Marginal note:Matters not material

    (1.1) For the purposes of subsection (1), it is immaterial whether or not a person is entitled to enter the real property or whether or not that person has any intention of taking possession of the real property.

  • Marginal note:Forcible detainer

    (2) A person commits forcible detainer when, being in actual possession of real property without colour of right, he detains it in a manner that is likely to cause a breach of the peace or reasonable apprehension of a breach of the peace, against a person who is entitled by law to possession of it.

  • Marginal note:Questions of law

    (3) The questions whether a person is in actual and peaceable possession or is in actual possession without colour of right are questions of law.

  • R.S., 1985, c. C-46, s. 72;
  • R.S., 1985, c. 27 (1st Supp.), s. 10;
  • 1992, c. 1, s. 60(F).
Marginal note:Punishment

 Every person who commits forcible entry or forcible detainer is guilty of

  • (a) an offence punishable on summary conviction; or

  • (b) an indictable offence and liable to imprisonment for a term not exceeding two years.

  • R.S., 1985, c. C-46, s. 73;
  • R.S., 1985, c. 27 (1st Supp.), s. 11;
  • 1992, c. 1, s. 58.

Piracy

Marginal note:Piracy by law of nations
  •  (1) Every one commits piracy who does any act that, by the law of nations, is piracy.

  • Marginal note:Punishment

    (2) Every one who commits piracy while in or out of Canada is guilty of an indictable offence and liable to imprisonment for life.

  • R.S., c. C-34, s. 75;
  • 1974-75-76, c. 105, s. 3.
Marginal note:Piratical acts

 Every one who, while in or out of Canada,

  • (a) steals a Canadian ship,

  • (b) steals or without lawful authority throws overboard, damages or destroys anything that is part of the cargo, supplies or fittings in a Canadian ship,

  • (c) does or attempts to do a mutinous act on a Canadian ship, or

  • (d) counsels a person to do anything mentioned in paragraph (a), (b) or (c),

is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • R.S., 1985, c. C-46, s. 75;
  • R.S., 1985, c. 27 (1st Supp.), s. 7.

Offences against Air or Maritime Safety

Marginal note:Hijacking

 Every one who, unlawfully, by force or threat thereof, or by any other form of intimidation, seizes or exercises control of an aircraft with intent

  • (a) to cause any person on board the aircraft to be confined or imprisoned against his will,

  • (b) to cause any person on board the aircraft to be transported against his will to any place other than the next scheduled place of landing of the aircraft,

  • (c) to hold any person on board the aircraft for ransom or to service against his will, or

  • (d) to cause the aircraft to deviate in a material respect from its flight plan,

is guilty of an indictable offence and liable to imprisonment for life.

  • 1972, c. 13, s. 6.
Marginal note:Endangering safety of aircraft or airport

 Every one who

  • (a) on board an aircraft in flight, commits an act of violence against a person that is likely to endanger the safety of the aircraft,

  • (b) using a weapon, commits an act of violence against a person at an airport serving international civil aviation that causes or is likely to cause serious injury or death and that endangers or is likely to endanger safety at the airport,

  • (c) causes damage to an aircraft in service that renders the aircraft incapable of flight or that is likely to endanger the safety of the aircraft in flight,

  • (d) places or causes to be placed on board an aircraft in service anything that is likely to cause damage to the aircraft, that will render it incapable of flight or that is likely to endanger the safety of the aircraft in flight,

  • (e) causes damage to or interferes with the operation of any air navigation facility where the damage or interference is likely to endanger the safety of an aircraft in flight,

  • (f) using a weapon, substance or device, destroys or causes serious damage to the facilities of an airport serving international civil aviation or to any aircraft not in service located there, or causes disruption of services of the airport, that endangers or is likely to endanger safety at the airport, or

  • (g) endangers the safety of an aircraft in flight by communicating to any other person any information that the person knows to be false,

is guilty of an indictable offence and liable to imprisonment for life.

  • R.S., 1985, c. C-46, s. 77;
  • 1993, c. 7, s. 3.
Marginal note:Offensive weapons and explosive substances
  •  (1) Every one, other than a peace officer engaged in the execution of his duty, who takes on board a civil aircraft an offensive weapon or any explosive substance

    • (a) without the consent of the owner or operator of the aircraft or of a person duly authorized by either of them to consent thereto, or

    • (b) with the consent referred to in paragraph (a) but without complying with all terms and conditions on which the consent was given,

    is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • Definition of “civil aircraft”

    (2) For the purposes of this section, “civil aircraft” means all aircraft other than aircraft operated by the Canadian Forces, a police force in Canada or persons engaged in the administration or enforcement of the Customs Act, the Excise Act or the Excise Act, 2001.

  • R.S., 1985, c. C-46, s. 78;
  • R.S., 1985, c. 1 (2nd Supp.), s. 213;
  • 2002, c. 22, s. 325.
Marginal note:Seizing control of ship or fixed platform
  •  (1) Every one who seizes or exercises control over a ship or fixed platform by force or threat of force or by any other form of intimidation is guilty of an indictable offence and liable to imprisonment for life.

  • Marginal note:Endangering safety of ship or fixed platform

    (2) Every one who

    • (a) commits an act of violence against a person on board a ship or fixed platform,

    • (b) destroys or causes damage to a ship or its cargo or to a fixed platform,

    • (c) destroys or causes serious damage to or interferes with the operation of any maritime navigational facility, or

    • (d) places or causes to be placed on board a ship or fixed platform anything that is likely to cause damage to the ship or its cargo or to the fixed platform,

    where that act is likely to endanger the safe navigation of a ship or the safety of a fixed platform, is guilty of an indictable offence and liable to imprisonment for life.

  • Marginal note:False communication

    (3) Every one who communicates information that endangers the safe navigation of a ship, knowing the information to be false, is guilty of an indictable offence and liable to imprisonment for life.

  • Marginal note:Threats causing death or injury

    (4) Every one who threatens to commit an offence under paragraph (2)(a), (b) or (c) in order to compel a person to do or refrain from doing any act, where the threat is likely to endanger the safe navigation of a ship or the safety of a fixed platform, is guilty of an indictable offence and liable to imprisonment for life.

  • Marginal note:Definitions

    (5) In this section,

    “fixed platform”

    « plate-forme fixe »

    “fixed platform” means an artificial island or a marine installation or structure that is permanently attached to the seabed for the purpose of exploration or exploitation of resources or for other economic purposes;

    “ship”

    « navire »

    “ship” means every description of vessel not permanently attached to the seabed, other than a warship, a ship being used as a naval auxiliary or for customs or police purposes or a ship that has been withdrawn from navigation or is laid up.

  • 1993, c. 7, s. 4.

Dangerous Substances

Marginal note:Duty of care re explosive

 Every one who has an explosive substance in his possession or under his care or control is under a legal duty to use reasonable care to prevent bodily harm or death to persons or damage to property by that explosive substance.

  • R.S., c. C-34, s. 77.
Marginal note:Breach of duty

 Every one who, being under a legal duty within the meaning of section 79, fails without lawful excuse to perform that duty, is guilty of an indictable offence and, if as a result an explosion of an explosive substance occurs that

  • (a) causes death or is likely to cause death to any person, is liable to imprisonment for life; or

  • (b) causes bodily harm or damage to property or is likely to cause bodily harm or damage to property, is liable to imprisonment for a term not exceeding fourteen years.

  • R.S., c. C-34, s. 78.
Marginal note:Using explosives
  •  (1) Every one commits an offence who

    • (a) does anything with intent to cause an explosion of an explosive substance that is likely to cause serious bodily harm or death to persons or is likely to cause serious damage to property;

    • (b) with intent to do bodily harm to any person

      • (i) causes an explosive substance to explode,

      • (ii) sends or delivers to a person or causes a person to take or receive an explosive substance or any other dangerous substance or thing, or

      • (iii) places or throws anywhere or at or on a person a corrosive fluid, explosive substance or any other dangerous substance or thing;

    • (c) with intent to destroy or damage property without lawful excuse, places or throws an explosive substance anywhere; or

    • (d) makes or has in his possession or has under his care or control any explosive substance with intent thereby

      • (i) to endanger life or to cause serious damage to property, or

      • (ii) to enable another person to endanger life or to cause serious damage to property.

  • Marginal note:Punishment

    (2) Every one who commits an offence under subsection (1) is guilty of an indictable offence and liable

    • (a) for an offence under paragraph (1)(a) or (b), to imprisonment for life; or

    • (b) for an offence under paragraph (1)(c) or (d), to imprisonment for a term not exceeding fourteen years.

  • R.S., c. C-34, s. 79.
Marginal note:Possession without lawful excuse
  •  (1) Every person who, without lawful excuse, the proof of which lies on the person, makes or has in the possession or under the care or control of the person any explosive substance is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

  • Marginal note:Possession in association with criminal organization

    (2) Every person who, without lawful excuse, the proof of which lies on the person, makes or has in the possession or under the care or control of the person any explosive substance 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.

  • R.S., 1985, c. C-46, s. 82;
  • R.S., 1985, c. 27 (1st Supp.), s. 12;
  • 1997, c. 23, s. 2;
  • 2001, c. 32, s. 3(F).
Marginal note:Sentences to be served consecutively

 A sentence imposed on a person for an offence under subsection 82(2) 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 subsection 82(2).

  • 1997, c. 23, s. 2.

Prize Fights

Marginal note:Engaging in prize fight
  •  (1) Every one who

    • (a) engages as a principal in a prize fight,

    • (b) advises, encourages or promotes a prize fight, or

    • (c) is present at a prize fight as an aid, second, surgeon, umpire, backer or reporter,

    is guilty of an offence punishable on summary conviction.

  • Definition of “prize fight”

    (2) In this section, “prize fight” means an encounter or fight with fists or hands between two persons who have met for that purpose by previous arrangement made by or for them, but a boxing contest between amateur sportsmen, where the contestants wear boxing gloves of not less than one hundred and forty grams each in mass, or any boxing contest held with the permission or under the authority of an athletic board or commission or similar body established by or under the authority of the legislature of a province for the control of sport within the province, shall be deemed not to be a prize fight.

  • R.S., 1985, c. C-46, s. 83;
  • R.S., 1985, c. 27 (1st Supp.), s. 186.

PART II.1TERRORISM

Interpretation

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

    “Canadian”

    « Canadien »

    “Canadian” means a Canadian citizen, a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act or a body corporate incorporated and continued under the laws of Canada or a province.

    “entity”

    « entité »

    “entity” means a person, group, trust, partnership or fund or an unincorporated association or organization.

    “listed entity”

    « entité inscrite »

    “listed entity” means an entity on a list established by the Governor in Council under section 83.05.

    “terrorist activity”

    « activité terroriste »

    “terrorist activity” means

    • (a) an act or omission that is committed in or outside Canada and that, if committed in Canada, is one of the following offences:

      • (i) the offences referred to in subsection 7(2) that implement the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on December 16, 1970,

      • (ii) the offences referred to in subsection 7(2) that implement the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on September 23, 1971,

      • (iii) the offences referred to in subsection 7(3) that implement the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, adopted by the General Assembly of the United Nations on December 14, 1973,

      • (iv) the offences referred to in subsection 7(3.1) that implement the International Convention against the Taking of Hostages, adopted by the General Assembly of the United Nations on December 17, 1979,

      • (v) the offences referred to in subsection 7(3.4) or (3.6) that implement the Convention on the Physical Protection of Nuclear Material, done at Vienna and New York on March 3, 1980,

      • (vi) the offences referred to in subsection 7(2) that implement the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on February 24, 1988,

      • (vii) the offences referred to in subsection 7(2.1) that implement the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, done at Rome on March 10, 1988,

      • (viii) the offences referred to in subsection 7(2.1) or (2.2) that implement the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, done at Rome on March 10, 1988,

      • (ix) the offences referred to in subsection 7(3.72) that implement the International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on December 15, 1997, and

      • (x) the offences referred to in subsection 7(3.73) that implement the International Convention for the Suppression of the Financing of Terrorism, adopted by the General Assembly of the United Nations on December 9, 1999, or

    • (b) an act or omission, in or outside Canada,

      • (i) that is committed

        • (A) in whole or in part for a political, religious or ideological purpose, objective or cause, and

        • (B) in whole or in part with the intention of intimidating the public, or a segment of the public, with regard to its security, including its economic security, or compelling a person, a government or a domestic or an international organization to do or to refrain from doing any act, whether the public or the person, government or organization is inside or outside Canada, and

      • (ii) that intentionally

        • (A) causes death or serious bodily harm to a person by the use of violence,

        • (B) endangers a person’s life,

        • (C) causes a serious risk to the health or safety of the public or any segment of the public,

        • (D) causes substantial property damage, whether to public or private property, if causing such damage is likely to result in the conduct or harm referred to in any of clauses (A) to (C), or

        • (E) causes serious interference with or serious disruption of an essential service, facility or system, whether public or private, other than as a result of advocacy, protest, dissent or stoppage of work that is not intended to result in the conduct or harm referred to in any of clauses (A) to (C),

    and includes a conspiracy, attempt or threat to commit any such act or omission, or being an accessory after the fact or counselling in relation to any such act or omission, but, for greater certainty, does not include an act or omission that is committed during an armed conflict and that, at the time and in the place of its commission, is in accordance with customary international law or conventional international law applicable to the conflict, or the activities undertaken by military forces of a state in the exercise of their official duties, to the extent that those activities are governed by other rules of international law.

    “terrorist group”

    « groupe terroriste »

    “terrorist group” means

    • (a) an entity that has as one of its purposes or activities facilitating or carrying out any terrorist activity, or

    • (b) a listed entity,

    and includes an association of such entities.

  • Marginal note:For greater certainty

    (1.1) For greater certainty, the expression of a political, religious or ideological thought, belief or opinion does not come within paragraph (b) of the definition “terrorist activity” in subsection (1) unless it constitutes an act or omission that satisfies the criteria of that paragraph.

  • Marginal note:Facilitation

    (2) For the purposes of this Part, facilitation shall be construed in accordance with subsection 83.19(2).

  • 2001, c. 41, ss. 4, 126.

Financing of Terrorism

Marginal note:Providing or collecting property for certain activities

 Every one who, directly or indirectly, wilfully and without lawful justification or excuse, provides or collects property intending that it be used or knowing that it will be used, in whole or in part, in order to carry out

  • (a) an act or omission that constitutes an offence referred to in subparagraphs (a)(i) to (ix) of the definition of “terrorist activity” in subsection 83.01(1), or

  • (b) any other act or omission intended to cause death or serious bodily harm to a civilian or to any other person not taking an active part in the hostilities in a situation of armed conflict, if the purpose of that act or omission, by its nature or context, is to intimidate the public, or to compel a government or an international organization to do or refrain from doing any act,

is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years.

  • 2001, c. 41, s. 4.
Marginal note:Providing, making available, etc., property or services for terrorist purposes

 Every one who, directly or indirectly, collects property, provides or invites a person to provide, or makes available property or financial or other related services

  • (a) intending that they be used, or knowing that they will be used, in whole or in part, for the purpose of facilitating or carrying out any terrorist activity, or for the purpose of benefiting any person who is facilitating or carrying out such an activity, or

  • (b) knowing that, in whole or part, they will be used by or will benefit a terrorist group,

is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years.

  • 2001, c. 41, s. 4.
Marginal note:Using or possessing property for terrorist purposes

 Every one who

  • (a) uses property, directly or indirectly, in whole or in part, for the purpose of facilitating or carrying out a terrorist activity, or

  • (b) possesses property intending that it be used or knowing that it will be used, directly or indirectly, in whole or in part, for the purpose of facilitating or carrying out a terrorist activity,

is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years.

  • 2001, c. 41, s. 4.

List of Entities

Marginal note:Establishment of list
  •  (1) The Governor in Council may, by regulation, establish a list on which the Governor in Council may place any entity if, on the recommendation of the Minister of Public Safety and Emergency Preparedness, the Governor in Council is satisfied that there are reasonable grounds to believe that

    • (a) the entity has knowingly carried out, attempted to carry out, participated in or facilitated a terrorist activity; or

    • (b) the entity is knowingly acting on behalf of, at the direction of or in association with an entity referred to in paragraph (a).

  • Marginal note:Recommendation

    (1.1) The Minister may make a recommendation referred to in subsection (1) only if he or she has reasonable grounds to believe that the entity to which the recommendation relates is an entity referred to in paragraph (1)(a) or (b).

  • Marginal note:Application to Minister

    (2) On application in writing by a listed entity, the Minister shall decide whether there are reasonable grounds to recommend to the Governor in Council that the applicant no longer be a listed entity.

  • Marginal note:Deeming

    (3) If the Minister does not make a decision on the application referred to in subsection (2) within 60 days after receipt of the application, he or she is deemed to have decided to recommend that the applicant remain a listed entity.

  • Marginal note:Notice of the decision to the applicant

    (4) The Minister shall give notice without delay to the applicant of any decision taken or deemed to have been taken respecting the application referred to in subsection (2).

  • Marginal note:Judicial review

    (5) Within 60 days after the receipt of the notice of the decision referred to in subsection (4), the applicant may apply to a judge for judicial review of the decision.

  • Marginal note:Reference

    (6) When an application is made under subsection (5), the judge shall, without delay

    • (a) examine, in private, any security or criminal intelligence reports considered in listing the applicant and hear any other evidence or information that may be presented by or on behalf of the Minister and may, at his or her request, hear all or part of that evidence or information in the absence of the applicant and any counsel representing the applicant, if the judge is of the opinion that the disclosure of the information would injure national security or endanger the safety of any person;

    • (b) provide the applicant with a statement summarizing the information available to the judge so as to enable the applicant to be reasonably informed of the reasons for the decision, without disclosing any information the disclosure of which would, in the judge’s opinion, injure national security or endanger the safety of any person;

    • (c) provide the applicant with a reasonable opportunity to be heard; and

    • (d) determine whether the decision is reasonable on the basis of the information available to the judge and, if found not to be reasonable, order that the applicant no longer be a listed entity.

  • Marginal note:Evidence

    (6.1) The judge may receive into evidence anything that, in the opinion of the judge, is reliable and appropriate, even if it would not otherwise be admissible under Canadian law, and may base his or her decision on that evidence.

  • Marginal note:Publication

    (7) The Minister shall cause to be published, without delay, in the Canada Gazette notice of a final order of a court that the applicant no longer be a listed entity.

  • Marginal note:New application

    (8) A listed entity may not make another application under subsection (2), except if there has been a material change in its circumstances since the time when the entity made its last application or if the Minister has completed the review under subsection (9).

  • Marginal note:Review of list

    (9) Two years after the establishment of the list referred to in subsection (1), and every two years after that, the Minister shall review the list to determine whether there are still reasonable grounds, as set out in subsection (1), for an entity to be a listed entity and make a recommendation to the Governor in Council as to whether the entity should remain a listed entity. The review does not affect the validity of the list.

  • Marginal note:Completion of review

    (10) The Minister shall complete the review as soon as possible and in any event, no later than 120 days after its commencement. After completing the review, he or she shall cause to be published, without delay, in the Canada Gazette notice that the review has been completed.

  • Definition of “judge”

    (11) In this section, “judge” means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice.

  • 2001, c. 41, ss. 4, 143;
  • 2005, c. 10, ss. 18, 34.
Marginal note:Admission of foreign information obtained in confidence
  •  (1) For the purposes of subsection 83.05(6), in private and in the absence of the applicant or any counsel representing it,

    • (a) the Minister of Public Safety and Emergency Preparedness may make an application to the judge for the admission of information obtained in confidence from a government, an institution or an agency of a foreign state, from an international organization of states or from an institution or an agency of an international organization of states; and

    • (b) the judge shall examine the information and provide counsel representing the Minister with a reasonable opportunity to be heard as to whether the information is relevant but should not be disclosed to the applicant or any counsel representing it because the disclosure would injure national security or endanger the safety of any person.

  • Marginal note:Return of information

    (2) The information shall be returned to counsel representing the Minister and shall not be considered by the judge in making the determination under paragraph 83.05(6)(d), if

    • (a) the judge determines that the information is not relevant;

    • (b) the judge determines that the information is relevant but should be summarized in the statement to be provided under paragraph 83.05(6)(b); or

    • (c) the Minister withdraws the application.

  • Marginal note:Use of information

    (3) If the judge decides that the information is relevant but that its disclosure would injure national security or endanger the safety of persons, the information shall not be disclosed in the statement mentioned in paragraph 83.05(6)(b), but the judge may base the determination under paragraph 83.05(6)(d) on it.

  • 2001, c. 41, s. 4;
  • 2005, c. 10, s. 19.
Marginal note:Mistaken identity
  •  (1) An entity claiming not to be a listed entity may apply to the Minister of Public Safety and Emergency Preparedness for a certificate stating that it is not a listed entity.

  • Marginal note:Issuance of certificate

    (2) The Minister shall, within 15 days after receiving the application, issue a certificate if he or she is satisfied that the applicant is not a listed entity.

  • 2001, c. 41, s. 4;
  • 2005, c. 10, s. 20.

Freezing of Property

Marginal note:Freezing of property
  •  (1) No person in Canada and no Canadian outside Canada shall knowingly

    • (a) deal directly or indirectly in any property that is owned or controlled by or on behalf of a terrorist group;

    • (b) enter into or facilitate, directly or indirectly, any transaction in respect of property referred to in paragraph (a); or

    • (c) provide any financial or other related services in respect of property referred to in paragraph (a) to, for the benefit of or at the direction of a terrorist group.

  • Marginal note:No civil liability

    (2) A person who acts reasonably in taking, or omitting to take, measures to comply with subsection (1) shall not be liable in any civil action arising from having taken or omitted to take the measures, if the person took all reasonable steps to satisfy themself that the relevant property was owned or controlled by or on behalf of a terrorist group.

  • 2001, c. 41, s. 4.
Marginal note:Exemptions
  •  (1) The Minister of Public Safety and Emergency Preparedness, or a person designated by him or her, may authorize any person in Canada or any Canadian outside Canada to carry out a specified activity or transaction that is prohibited by section 83.08, or a class of such activities or transactions.

  • Marginal note:Ministerial authorization

    (2) The Minister, or a person designated by him or her, may make the authorization subject to any terms and conditions that are required in their opinion and may amend, suspend, revoke or reinstate it.

  • Marginal note:Existing equities maintained

    (3) All secured and unsecured rights and interests in the frozen property that are held by persons, other than terrorist groups or their agents, are entitled to the same ranking that they would have been entitled to had the property not been frozen.

  • Marginal note:Third party involvement

    (4) If a person has obtained an authorization under subsection (1), any other person involved in carrying out the activity or transaction, or class of activities or transactions, to which the authorization relates is not subject to sections 83.08, 83.1 and 83.11 if the terms or conditions of the authorization that are imposed under subsection (2), if any, are met.

  • 2001, c. 41, s. 4;
  • 2005, c. 10, s. 21.
Marginal note:Disclosure
  •  (1) Every person in Canada and every Canadian outside Canada shall disclose forthwith to the Commissioner of the Royal Canadian Mounted Police and to the Director of the Canadian Security Intelligence Service

    • (a) the existence of property in their possession or control that they know is owned or controlled by or on behalf of a terrorist group; and

    • (b) information about a transaction or proposed transaction in respect of property referred to in paragraph (a).

  • Marginal note:Immunity

    (2) No criminal or civil proceedings lie against a person for disclosure made in good faith under subsection (1).

  • 2001, c. 41, s. 4.
Marginal note:Audit
  •  (1) The following entities must determine on a continuing basis whether they are in possession or control of property owned or controlled by or on behalf of a listed entity:

    • (a) authorized foreign banks within the meaning of section 2 of the Bank Act in respect of their business in Canada, or banks to which that Act applies;

    • (b) cooperative credit societies, savings and credit unions and caisses populaires regulated by a provincial Act and associations regulated by the Cooperative Credit Associations Act;

    • (c) foreign companies within the meaning of subsection 2(1) of the Insurance Companies Act in respect of their insurance business in Canada;

    • (c.1) companies, provincial companies and societies within the meaning of subsection 2(1) of the Insurance Companies Act;

    • (c.2) fraternal benefit societies regulated by a provincial Act in respect of their insurance activities, and insurance companies and other entities engaged in the business of insuring risks that are regulated by a provincial Act;

    • (d) companies to which the Trust and Loan Companies Act applies;

    • (e) trust companies regulated by a provincial Act;

    • (f) loan companies regulated by a provincial Act; and

    • (g) entities authorized under provincial legislation to engage in the business of dealing in securities, or to provide portfolio management or investment counselling services.

  • Marginal note:Monthly report

    (2) Subject to the regulations, every entity referred to in paragraphs (1)(a) to (g) must report, within the period specified by regulation or, if no period is specified, monthly, to the principal agency or body that supervises or regulates it under federal or provincial law either

    • (a) that it is not in possession or control of any property referred to in subsection (1), or

    • (b) that it is in possession or control of such property, in which case it must also report the number of persons, contracts or accounts involved and the total value of the property.

  • Marginal note:Immunity

    (3) No criminal or civil proceedings lie against a person for making a report in good faith under subsection (2).

  • Marginal note:Regulations

    (4) The Governor in Council may make regulations

    • (a) excluding any entity or class of entities from the requirement to make a report referred to in subsection (2), and specifying the conditions of exclusion; and

    • (b) specifying a period for the purposes of subsection (2).

  • 2001, c. 41, s. 4.
Marginal note:Offences — freezing of property, disclosure or audit
  •  (1) Every one who contravenes any of sections 83.08, 83.1 and 83.11 is guilty of an offence and liable

    • (a) on summary conviction, to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both; or

    • (b) on conviction on indictment, to imprisonment for a term of not more than 10 years.

  • Marginal note:No contravention

    (2) No person contravenes section 83.1 if they make the disclosure referred to in that section only to the Commissioner of the Royal Canadian Mounted Police or the Director of the Canadian Security Intelligence Service.

  • 2001, c. 41, s. 4.

Seizure and Restraint of Property

Marginal note:Seizure and restraint of assets
  •  (1) Where a judge of the Federal Court, on an ex parte application by the Attorney General, after examining the application in private, is satisfied that there are reasonable grounds to believe that there is in any building, receptacle or place any property in respect of which an order of forfeiture may be made under subsection 83.14(5), the judge may issue

    • (a) if the property is situated in Canada, a warrant authorizing a person named therein 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; or

    • (b) if the property is situated in or outside Canada, a restraint order prohibiting any person from disposing of, or otherwise dealing with any interest in, that property other than as may be specified in the order.

  • Marginal note:Contents of application

    (1.1) An affidavit in support of an application under subsection (1) may be sworn on information and belief, and, notwithstanding the Federal Court Rules, 1998, no adverse inference shall be drawn from a failure to provide evidence of persons having personal knowledge of material facts.

  • Marginal note:Appointment of manager

    (2) On an application under subsection (1), at the request of the Attorney General, if 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

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

  • Marginal note:Power to manage

    (4) The power to manage or otherwise deal with property under subsection (2) includes

    • (a) in the case of perishable or rapidly depreciating property, the power to sell 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

    (5) Before a person appointed under subsection (2) destroys property referred to in paragraph (4)(b), he or she shall apply to a judge of the Federal Court for a destruction order.

  • Marginal note:Notice

    (6) Before making a destruction order in relation to any property, a judge shall require notice in accordance with subsection (7) to be given to, and may hear, any person who, in the opinion of the judge, appears to have a valid interest in the property.

  • Marginal note:Manner of giving notice

    (7) A notice under subsection (6) shall be given in the manner that the judge directs or as provided in the rules of the Federal Court.

  • Marginal note:Order

    (8) A judge may order that property be destroyed if he or she is satisfied that the property has little or no financial or other value.

  • Marginal note:When management order ceases to have effect

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

  • Marginal note:Application to vary

    (10) The Attorney General may at any time apply to a judge of the Federal Court to cancel or vary an order or warrant made under this section, other than an appointment made under subsection (3).

  • Marginal note:Procedure

    (11) Subsections 462.32(4) and (6), sections 462.34 to 462.35 and 462.4, subsections 487(3) and (4) and section 488 apply, with such modifications as the circumstances require, to a warrant issued under paragraph (1)(a).

  • Marginal note:Procedure

    (12) Subsections 462.33(4) and (6) to (11) and sections 462.34 to 462.35 and 462.4 apply, with such modifications as the circumstances require, to an order issued under paragraph (1)(b).

  • 2001, c. 41, s. 4.

Forfeiture of Property

Marginal note:Application for order of forfeiture
  •  (1) The Attorney General may make an application to a judge of the Federal Court for an order of forfeiture in respect of

    • (a) property owned or controlled by or on behalf of a terrorist group; or

    • (b) property that has been or will be used, in whole or in part, to facilitate or carry out a terrorist activity.

  • Marginal note:Contents of application

    (2) An affidavit in support of an application by the Attorney General under subsection (1) may be sworn on information and belief, and, notwithstanding the Federal Court Rules, 1998, no adverse inference shall be drawn from a failure to provide evidence of persons having personal knowledge of material facts.

  • Marginal note:Respondents

    (3) The Attorney General is required to name as a respondent to an application under subsection (1) only those persons who are known to own or control the property that is the subject of the application.

  • Marginal note:Notice

    (4) The Attorney General shall give notice of an application under subsection (1) to named respondents in such a manner as the judge directs or as provided in the rules of the Federal Court.

  • Marginal note:Granting of forfeiture order

    (5) If a judge is satisfied on a balance of probabilities that property is property referred to in paragraph (1)(a) or (b), the judge 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:Use of proceeds

    (5.1) Any proceeds that arise from the disposal of property under subsection (5) may be used to compensate victims of terrorist activities and to fund anti-terrorist initiatives in accordance with any regulations made by the Governor in Council under subsection (5.2).

  • Marginal note:Regulations

    (5.2) The Governor in Council may make regulations for the purposes of specifying how the proceeds referred to in subsection (5.1) are to be distributed.

  • Marginal note:Order refusing forfeiture

    (6) Where a judge refuses an application under subsection (1) in respect of any property, the judge shall make an order that describes the property and declares that it is not property referred to in that subsection.

  • Marginal note:Notice

    (7) On an application under subsection (1), a judge may require notice to be given to any person who, in the opinion of the Court, appears to have an interest in the property, and any such person shall be entitled to be added as a respondent to the application.

  • Marginal note:Third party interests

    (8) If a judge is satisfied that a person referred to in subsection (7) has an interest in property that is subject to an application, has exercised reasonable care to ensure that the property would not be used to facilitate or carry out a terrorist activity, and is not a member of a terrorist group, the judge shall order that the interest is not affected by the forfeiture. Such an order shall declare the nature and extent of the interest in question.

  • Marginal note:Dwelling-house

    (9) Where all or part of property that is the subject of an application under subsection (1) is a dwelling-house, the judge shall also consider

    • (a) the impact of an order of forfeiture on any member of the immediate family of the person who owns or controls the dwelling-house, if the dwelling-house was the member’s principal residence at the time the dwelling-house was ordered restrained or at the time the forfeiture application was made and continues to be the member’s principal residence; and

    • (b) whether the member appears innocent of any complicity or collusion in the terrorist activity.

  • Marginal note:Motion to vary or set aside

    (10) A person who claims an interest in property that was forfeited and who did not receive notice under subsection (7) may bring a motion to the Federal Court to vary or set aside an order made under subsection (5) not later than 60 days after the day on which the forfeiture order was made.

  • Marginal note:No extension of time

    (11) The Court may not extend the period set out in subsection (10).

  • 2001, c. 41, s. 4.
Marginal note:Disposition of property

 Subsection 462.42(6) and sections 462.43 and 462.46 apply, with such modifications as the circumstances require, to property subject to a warrant or restraint order issued under subsection 83.13(1) or ordered forfeited under subsection 83.14(5).

  • 2001, c. 41, s. 4.
Marginal note:Interim preservation rights
  •  (1) Pending any appeal of an order made under section 83.14, property restrained under an order issued under section 83.13 shall continue to be restrained, property seized under a warrant issued under that section shall continue to be detained, and any person appointed to manage, control or otherwise deal with that property under that section shall continue in that capacity.

  • Marginal note:Appeal of refusal to grant order

    (2) Section 462.34 applies, with such modifications as the circumstances require, to an appeal taken in respect of a refusal to grant an order under subsection 83.14(5).

  • 2001, c. 41, s. 4.
Marginal note:Other forfeiture provisions unaffected
  •  (1) This Part does not affect the operation of any other provision of this or any other Act of Parliament respecting the forfeiture of property.

  • Marginal note:Priority for restitution to victims of crime

    (2) Property is subject to forfeiture under subsection 83.14(5) only to the extent that it is not required to satisfy the operation of any other provision of this or any other Act of Parliament respecting restitution to, or compensation of, persons affected by the commission of offences.

  • 2001, c. 41, s. 4.

Participating, Facilitating, Instructing and Harbouring

Marginal note:Participation in activity of terrorist group
  •  (1) Every one who knowingly participates in or contributes to, directly or indirectly, any activity of a terrorist group for the purpose of enhancing the ability of any terrorist group to facilitate or carry out a terrorist activity is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

  • Marginal note:Prosecution

    (2) An offence may be committed under subsection (1) whether or not

    • (a) a terrorist group actually facilitates or carries out a terrorist activity;

    • (b) the participation or contribution of the accused actually enhances the ability of a terrorist group to facilitate or carry out a terrorist activity; or

    • (c) the accused knows the specific nature of any terrorist activity that may be facilitated or carried out by a terrorist group.

  • Marginal note:Meaning of participating or contributing

    (3) Participating in or contributing to an activity of a terrorist group includes

    • (a) providing, receiving or recruiting a person to receive training;

    • (b) providing or offering to provide a skill or an expertise for the benefit of, at the direction of or in association with a terrorist group;

    • (c) recruiting a person in order to facilitate or commit

      • (i) a terrorism offence, or

      • (ii) an act or omission outside Canada that, if committed in Canada, would be a terrorism offence;

    • (d) entering or remaining in any country for the benefit of, at the direction of or in association with a terrorist group; and

    • (e) making oneself, in response to instructions from any of the persons who constitute a terrorist group, available to facilitate or commit

      • (i) a terrorism offence, or

      • (ii) an act or omission outside Canada that, if committed in Canada, would be a terrorism offence.

  • Marginal note:Factors

    (4) In determining whether an accused participates in or contributes to any activity of a terrorist group, 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 terrorist group;

    • (b) frequently associates with any of the persons who constitute the terrorist group;

    • (c) receives any benefit from the terrorist group; or

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

  • 2001, c. 41, s. 4.
Marginal note:Facilitating terrorist activity
  •  (1) Every one who knowingly facilitates a terrorist activity is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • Marginal note:Facilitation

    (2) For the purposes of this Part, a terrorist activity is facilitated whether or not

    • (a) the facilitator knows that a particular terrorist activity is facilitated;

    • (b) any particular terrorist activity was foreseen or planned at the time it was facilitated; or

    • (c) any terrorist activity was actually carried out.

  • 2001, c. 41, s. 4.
Marginal note:Commission of offence for terrorist group

 Every one 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 terrorist group is guilty of an indictable offence and liable to imprisonment for life.

  • 2001, c. 41, s. 4.
Marginal note:Instructing to carry out activity for terrorist group
  •  (1) Every person who knowingly instructs, directly or indirectly, any person to carry out any activity for the benefit of, at the direction of or in association with a terrorist group, for the purpose of enhancing the ability of any terrorist group to facilitate or carry out a terrorist activity, is guilty of an indictable offence and liable to imprisonment for life.

  • Marginal note:Prosecution

    (2) An offence may be committed under subsection (1) whether or not

    • (a) the activity that the accused instructs to be carried out is actually carried out;

    • (b) the accused instructs a particular person to carry out the activity referred to in paragraph (a);

    • (c) the accused knows the identity of the person whom the accused instructs to carry out the activity referred to in paragraph (a);

    • (d) the person whom the accused instructs to carry out the activity referred to in paragraph (a) knows that it is to be carried out for the benefit of, at the direction of or in association with a terrorist group;

    • (e) a terrorist group actually facilitates or carries out a terrorist activity;

    • (f) the activity referred to in paragraph (a) actually enhances the ability of a terrorist group to facilitate or carry out a terrorist activity; or

    • (g) the accused knows the specific nature of any terrorist activity that may be facilitated or carried out by a terrorist group.

  • 2001, c. 41, s. 4.
Marginal note:Instructing to carry out terrorist activity
  •  (1) Every person who knowingly instructs, directly or indirectly, any person to carry out a terrorist activity is guilty of an indictable offence and liable to imprisonment for life.

  • Marginal note:Prosecution

    (2) An offence may be committed under subsection (1) whether or not

    • (a) the terrorist activity is actually carried out;

    • (b) the accused instructs a particular person to carry out the terrorist activity;

    • (c) the accused knows the identity of the person whom the accused instructs to carry out the terrorist activity; or

    • (d) the person whom the accused instructs to carry out the terrorist activity knows that it is a terrorist activity.

  • 2001, c. 41, s. 4.
Marginal note:Harbouring or concealing

 Every one who knowingly harbours or conceals any person whom he or she knows to be a person who has carried out or is likely to carry out a terrorist activity, for the purpose of enabling the person to facilitate or carry out any terrorist activity, is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

  • 2001, c. 41, s. 4.

Hoax Regarding Terrorist Activity

Marginal note:Hoax — terrorist activity
  •  (1) Every one commits an offence who, without lawful excuse and with intent to cause any person to fear death, bodily harm, substantial damage to property or serious interference with the lawful use or operation of property,

    • (a) conveys or causes or procures to be conveyed information that, in all the circumstances, is likely to cause a reasonable apprehension that terrorist activity is occurring or will occur, without believing the information to be true; or

    • (b) commits an act that, in all the circumstances, is likely to cause a reasonable apprehension that terrorist activity is occurring or will occur, without believing that such activity is occurring or will occur.

  • Marginal note:Punishment

    (2) Every one who commits an offence under subsection (1) is guilty of

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

    • (b) an offence punishable on summary conviction.

  • Marginal note:Causing bodily harm

    (3) Every one who commits an offence under subsection (1) and thereby causes bodily harm to any other person is guilty of

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

    • (b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

  • Marginal note:Causing death

    (4) Every one who commits an offence under subsection (1) and thereby causes the death of any other person is guilty of an indictable offence and liable to imprisonment for life.

  • 2004, c. 15, s. 32.

Proceedings and Aggravated Punishment

Marginal note:Attorney General’s consent

 Proceedings in respect of a terrorism offence or an offence under section 83.12 shall not be commenced without the consent of the Attorney General.

  • 2001, c. 41, s. 4.
Marginal note:Jurisdiction
  •  (1) Where a person is alleged to have committed a terrorism offence or an offence under section 83.12, proceedings in respect of that offence may, whether or not that person is in Canada, be commenced at the instance of the Government of Canada and conducted by the Attorney General of Canada or counsel acting on his or her behalf in any territorial division in Canada, if the offence is alleged to have occurred outside the province in which the proceedings are commenced, whether or not proceedings have previously been commenced elsewhere in Canada.

  • Marginal note:Trial and punishment

    (2) An accused may be tried and punished in respect of an offence referred to in subsection (1) in the same manner as if the offence had been committed in the territorial division where the proceeding is conducted.

  • 2001, c. 41, s. 4.
Marginal note:Sentences to be served consecutively

 A sentence, other than one of life imprisonment, imposed on a person for an offence under any of sections 83.02 to 83.04 and 83.18 to 83.23 shall be served consecutively to

  • (a) any other punishment imposed on the person, other than a sentence of life imprisonment, for an offence arising out of the same event or series of events; and

  • (b) any other sentence, other than one of life imprisonment, to which the person is subject at the time the sentence is imposed on the person for an offence under any of those sections.

  • 2001, c. 41, s. 4.
Marginal note:Punishment for terrorist activity
  •  (1) Notwithstanding anything in this Act, a person convicted of an indictable offence, other than an offence for which a sentence of imprisonment for life is imposed as a minimum punishment, where the act or omission constituting the offence also constitutes a terrorist activity, is liable to imprisonment for life.

  • Marginal note:Offender must be notified

    (2) Subsection (1) does not apply unless the prosecutor satisfies the court that the offender, before making a plea, was notified that the application of that subsection would be sought.

  • 2001, c. 41, s. 4.

Investigative Hearing

Definition of “judge”

  •  (1) In this section and section 83.29, “judge” means a provincial court judge or a judge of a superior court of criminal jurisdiction.

  • Marginal note:Order for gathering evidence

    (2) Subject to subsection (3), a peace officer may, for the purposes of an investigation of a terrorism offence, apply ex parte to a judge for an order for the gathering of information.

  • Marginal note:Attorney General’s consent

    (3) A peace officer may make an application under subsection (2) only if the prior consent of the Attorney General was obtained.

  • Marginal note:Making of order

    (4) A judge to whom an application is made under subsection (2) may make an order for the gathering of information if the judge is satisfied that the consent of the Attorney General was obtained as required by subsection (3) and

    • (a) that there are reasonable grounds to believe that

      • (i) a terrorism offence has been committed, and

      • (ii) information concerning the offence, or information that may reveal the whereabouts of a person suspected by the peace officer of having committed the offence, is likely to be obtained as a result of the order; or

    • (b) that

      • (i) there are reasonable grounds to believe that a terrorism offence will be committed,

      • (ii) there are reasonable grounds to believe that a person has direct and material information that relates to a terrorism offence referred to in subparagraph (i), or that may reveal the whereabouts of an individual who the peace officer suspects may commit a terrorism offence referred to in that subparagraph, and

      • (iii) reasonable attempts have been made to obtain the information referred to in subparagraph (ii) from the person referred to in that subparagraph.

  • Marginal note:Contents of order

    (5) An order made under subsection (4) may

    • (a) order the examination, on oath or not, of a person named in the order;

    • (b) order the person to attend at the place fixed by the judge, or by the judge designated under paragraph (d), as the case may be, for the examination and to remain in attendance until excused by the presiding judge;

    • (c) order the person to bring to the examination any thing in their possession or control, and produce it to the presiding judge;

    • (d) designate another judge as the judge before whom the examination is to take place; and

    • (e) include any other terms or conditions that the judge considers desirable, including terms or conditions for the protection of the interests of the person named in the order and of third parties or for the protection of any ongoing investigation.

  • Marginal note:Execution of order

    (6) An order made under subsection (4) may be executed anywhere in Canada.

  • Marginal note:Variation of order

    (7) The judge who made the order under subsection (4), or another judge of the same court, may vary its terms and conditions.

  • Marginal note:Obligation to answer questions and produce things

    (8) A person named in an order made under subsection (4) shall answer questions put to the person by the Attorney General or the Attorney General’s agent, and shall produce to the presiding judge things that the person was ordered to bring, but may refuse if answering a question or producing a thing would disclose information that is protected by any law relating to non-disclosure of information or to privilege.

  • Marginal note:Judge to rule

    (9) The presiding judge shall rule on any objection or other issue relating to a refusal to answer a question or to produce a thing.

  • Marginal note:No person excused from complying with subsection (8)

    (10) No person shall be excused from answering a question or producing a thing under subsection (8) on the ground that the answer or thing may tend to incriminate the person or subject the person to any proceeding or penalty, but

    • (a) no answer given or thing produced under subsection (8) shall be used or received against the person in any criminal proceedings against that person, other than a prosecution under section 132 or 136; and

    • (b) no evidence derived from the evidence obtained from the person shall be used or received against the person in any criminal proceedings against that person, other than a prosecution under section 132 or 136.

  • Marginal note:Right to counsel

    (11) A person has the right to retain and instruct counsel at any stage of the proceedings.

  • Marginal note:Order for custody of thing

    (12) The presiding judge, if satisfied that any thing produced during the course of the examination will likely be relevant to the investigation of any terrorism offence, shall order that the thing be given into the custody of the peace officer or someone acting on the peace officer’s behalf.

  • 2001, c. 41, s. 4.
Marginal note:Arrest warrant
  •  (1) The judge who made the order under subsection 83.28(4), or another judge of the same court, may issue a warrant for the arrest of the person named in the order if the judge is satisfied, on an information in writing and under oath, that the person

    • (a) is evading service of the order;

    • (b) is about to abscond; or

    • (c) did not attend the examination, or did not remain in attendance, as required by the order.

  • Marginal note:Execution of warrant

    (2) A warrant issued under subsection (1) may be executed at any place in Canada by any peace officer having jurisdiction in that place.

  • Marginal note:Person to be brought before judge

    (3) A peace officer who arrests a person in the execution of a warrant issued under subsection (1) shall, without delay, bring the person, or cause the person to be brought, before the judge who issued the warrant or another judge of the same court. The judge in question may, to ensure compliance with the order, order that the person be detained in custody or released on recognizance, with or without sureties.

  • 2001, c. 41, s. 4.

Recognizance with Conditions

Marginal note:Attorney General’s consent required to lay information
  •  (1) The consent of the Attorney General is required before a peace officer may lay an information under subsection (2).

  • Marginal note:Terrorist activity

    (2) Subject to subsection (1), a peace officer may lay an information before a provincial court judge if the peace officer

    • (a) believes on reasonable grounds that a terrorist activity will be carried out; and

    • (b) suspects on reasonable grounds that the imposition of a recognizance with conditions on a person, or the arrest of a person, is necessary to prevent the carrying out of the terrorist activity.

  • Marginal note:Appearance

    (3) A provincial court judge who receives an information under subsection (2) may cause the person to appear before the provincial court judge.

  • Marginal note:Arrest without warrant

    (4) Notwithstanding subsections (2) and (3), if

    • (a) either

      • (i) the grounds for laying an information referred to in paragraphs (2)(a) and (b) exist but, by reason of exigent circumstances, it would be impracticable to lay an information under subsection (2), or

      • (ii) an information has been laid under subsection (2) and a summons has been issued, and

    • (b) the peace officer suspects on reasonable grounds that the detention of the person in custody is necessary in order to prevent a terrorist activity,

    the peace officer may arrest the person without warrant and cause the person to be detained in custody, to be taken before a provincial court judge in accordance with subsection (6).

  • Marginal note:Duty of peace officer

    (5) If a peace officer arrests a person without warrant in the circumstance described in subparagraph (4)(a)(i), the peace officer shall, within the time prescribed by paragraph (6)(a) or (b),

    • (a) lay an information in accordance with subsection (2); or

    • (b) release the person.

  • Marginal note:When person to be taken before judge

    (6) A person detained in custody shall be taken before a provincial court judge in accordance with the following rules:

    • (a) if a provincial court judge is available within a period of twenty-four hours after the person has been arrested, the person shall be taken before a provincial court judge without unreasonable delay and in any event within that period, and

    • (b) if a provincial court judge is not available within a period of twenty-four hours after the person has been arrested, the person shall be taken before a provincial court judge as soon as possible,

    unless, at any time before the expiry of the time prescribed in paragraph (a) or (b) for taking the person before a provincial court judge, the peace officer, or an officer in charge within the meaning of Part XV, is satisfied that the person should be released from custody unconditionally, and so releases the person.

  • Marginal note:How person dealt with

    (7) When a person is taken before a provincial court judge under subsection (6),

    • (a) if an information has not been laid under subsection (2), the judge shall order that the person be released; or

    • (b) if an information has been laid under subsection (2),

      • (i) the judge shall order that the person be released unless the peace officer who laid the information shows cause why the detention of the person in custody is justified on one or more of the following grounds:

        • (A) the detention is necessary to ensure the person’s appearance before a provincial court judge in order to be dealt with in accordance with subsection (8),

        • (B) the detention is necessary for the protection or safety of the public, including any witness, having regard to all the circumstances including

          • (I) the likelihood that, if the person is released from custody, a terrorist activity will be carried out, and

          • (II) any substantial likelihood that the person will, if released from custody, interfere with the administration of justice, and

        • (C) any other just cause and, without limiting the generality of the foregoing, that the detention is necessary in order to maintain confidence in the administration of justice, having regard to all the circumstances, including the apparent strength of the peace officer’s grounds under subsection (2), and the gravity of any terrorist activity that may be carried out, and

      • (ii) the judge may adjourn the matter for a hearing under subsection (8) but, if the person is not released under subparagraph (i), the adjournment may not exceed forty-eight hours.

  • Marginal note:Hearing before judge

    (8) The provincial court judge before whom the person appears pursuant to subsection (3)

    • (a) may, if satisfied by the evidence adduced that the peace officer has reasonable grounds for the suspicion, order that the person 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 (10), that the provincial court judge considers desirable for preventing the carrying out of a terrorist activity; and

    • (b) if the person was not released under subparagraph (7)(b)(i), shall order that the person be released, subject to the recognizance, if any, ordered under paragraph (a).

  • Marginal note:Refusal to enter into recognizance

    (9) The provincial court judge may commit the person to prison for a term not exceeding twelve months if the person fails or refuses to enter into the recognizance.

  • Marginal note:Conditions — firearms

    (10) Before making an order under paragraph (8)(a), the provincial court judge shall consider whether it is desirable, in the interests of the safety of the person or of any other person, to include as a condition of the recognizance that the person be prohibited from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all of those things, for any period specified in the recognizance, and where the provincial court judge decides that it is so desirable, the provincial court judge shall add such a condition to the recognizance.

  • Marginal note:Surrender, etc.

    (11) If the provincial court judge adds a condition described in subsection (10) to a recognizance, the provincial court judge shall specify in the recognizance the manner and method by which

    • (a) the things referred to in that subsection that are in the possession of the person shall be surrendered, disposed of, detained, stored or dealt with; and

    • (b) the authorizations, licences and registration certificates held by the person shall be surrendered.

  • Marginal note:Reasons

    (12) If the provincial court judge does not add a condition described in subsection (10) to a recognizance, the provincial court judge shall include in the record a statement of the reasons for not adding the condition.

  • Marginal note:Variance of conditions

    (13) The provincial court judge may, on application of the peace officer, the Attorney General or the person, vary the conditions fixed in the recognizance.

  • Marginal note:Other provisions to apply

    (14) Subsections 810(4) and (5) apply, with any modifications that the circumstances require, to proceedings under this section.

  • 2001, c. 41, s. 4.
Marginal note:Annual report (sections 83.28 and 83.29)
  •  (1) The Attorney General of Canada shall prepare and cause to be laid before Parliament and the Attorney General of every province shall publish or otherwise make available to the public an annual report for the previous year on the operation of sections 83.28 and 83.29 that includes

    • (a) the number of consents to make an application that were sought, and the number that were obtained, by virtue of subsections 83.28(2) and (3);

    • (b) the number of orders for the gathering of information that were made under subsection 83.28(4); and

    • (c) the number of arrests that were made with a warrant issued under section 83.29.

  • Marginal note:Annual report (section 83.3)

    (2) The Attorney General of Canada shall prepare and cause to be laid before Parliament and the Attorney General of every province shall publish or otherwise make available to the public an annual report for the previous year on the operation of section 83.3 that includes

    • (a) the number of consents to lay an information that were sought, and the number that were obtained, by virtue of subsections 83.3(1) and (2);

    • (b) the number of cases in which a summons or a warrant of arrest was issued for the purposes of subsection 83.3(3);

    • (c) the number of cases where a person was not released under subsection 83.3(7) pending a hearing;

    • (d) the number of cases in which an order to enter into a recognizance was made under paragraph 83.3(8)(a), and the types of conditions that were imposed;

    • (e) the number of times that a person failed or refused to enter into a recognizance, and the term of imprisonment imposed under subsection 83.3(9) in each case; and

    • (f) the number of cases in which the conditions fixed in a recognizance were varied under subsection 83.3(13).

  • Marginal note:Annual report (section 83.3)

    (3) The Minister of Public Safety and Emergency Preparedness shall prepare and cause to be laid before Parliament and the Minister responsible for policing in every province shall publish or otherwise make available to the public an annual report for the previous year on the operation of section 83.3 that includes

    • (a) the number of arrests without warrant that were made under subsection 83.3(4) and the period of the arrested person’s detention in custody in each case; and

    • (b) the number of cases in which a person was arrested without warrant under subsection 83.3(4) and was released

      • (i) by a peace officer under paragraph 83.3(5)(b), or

      • (ii) by a judge under paragraph 83.3(7)(a).

  • Marginal note:Limitation

    (4) 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) endanger the life or safety of any person;

    • (c) prejudice a legal proceeding; or

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

  • 2001, c. 41, s. 4;
  • 2005, c. 10, s. 34.
Marginal note:Sunset provision
  •  (1) Sections 83.28, 83.29 and 83.3 cease to apply at the end of the fifteenth sitting day of Parliament after December 31, 2006 unless, before the end of that day, the application of those sections is extended by a resolution — the text of which is established under subsection (2) — passed by both Houses of Parliament in accordance with the rules set out in subsection (3).

  • Marginal note:Order in Council

    (2) The Governor General in Council may, by order, establish the text of a resolution providing for the extension of the application of sections 83.28, 83.29 and 83.3 and specifying the period of the extension, which may not exceed five years from the first day on which the resolution has been passed by both Houses of Parliament.

  • Marginal note:Rules

    (3) A motion for the adoption of the resolution may be debated in both Houses of Parliament but may not be amended. At the conclusion of the debate, the Speaker of the House of Parliament shall immediately put every question necessary to determine whether or not the motion is concurred in.

  • Marginal note:Subsequent extensions

    (4) The application of sections 83.28, 83.29 and 83.3 may be further extended in accordance with the procedure set out in this section, with the words “December 31, 2006” in subsection (1) read as “the expiration of the most recent extension under this section”.

  • Definition of “sitting day of Parliament”

    (5) In subsection (1), “sitting day of Parliament” means a day on which both Houses of Parliament sit.

  • 2001, c. 41, s. 4.
Marginal note:Transitional provision
  •  (1) In the event that sections 83.28 and 83.29 cease to apply pursuant to section 83.32, proceedings commenced under those sections shall be completed if the hearing before the judge of the application made under subsection 83.28(2) began before those sections ceased to apply.

  • Marginal note:Transitional provision

    (2) In the event that section 83.3 ceases to apply pursuant to section 83.32, a person detained in custody under section 83.3 shall be released when that section ceases to apply, except that subsections 83.3(7) to (14) continue to apply to a person who was taken before a judge under subsection 83.3(6) before section 83.3 ceased to apply.

  • 2001, c. 41, s. 4.

PART IIIFIREARMS AND OTHER WEAPONS

Interpretation

Marginal note:Definitions
  •  (1) In this Part,

    “ammunition”

    « munitions »

    “ammunition” means a cartridge containing a projectile designed to be discharged from a firearm and, without restricting the generality of the foregoing, includes a caseless cartridge and a shot shell;

    “antique firearm”

    « arme à feu historique »

    “antique firearm” means

    • (a) any firearm manufactured before 1898 that was not designed to discharge rim-fire or centre-fire ammunition and that has not been redesigned to discharge such ammunition, or

    • (b) any firearm that is prescribed to be an antique firearm;

    “authorization”

    « autorisation »

    “authorization” means an authorization issued under the Firearms Act;

    “automatic firearm”

    « arme automatique »

    “automatic firearm” means a firearm that is capable of, or assembled or designed and manufactured with the capability of, discharging projectiles in rapid succession during one pressure of the trigger;

    “cartridge magazine”

    « chargeur »

    “cartridge magazine” means a device or container from which ammunition may be fed into the firing chamber of a firearm;

    “chief firearms officer”

    « contrôleur des armes à feu »

    “chief firearms officer” means a chief firearms officer as defined in subsection 2(1) of the Firearms Act;

    “Commissioner of Firearms”

    « commissaire aux armes à feu »

    “Commissioner of Firearms” means the Commissioner of Firearms appointed under section 81.1 of the Firearms Act;

    “cross-bow”

    « arbalète »

    “cross-bow” means a device with a bow and a bowstring mounted on a stock that is designed to propel an arrow, a bolt, a quarrel or any similar projectile on a trajectory guided by a barrel or groove and that is capable of causing serious bodily injury or death to a person;

    “export”

    « exporter »

    “export” means export from Canada and, for greater certainty, includes the exportation of goods from Canada that are imported into Canada and shipped in transit through Canada;

    “firearms officer”

    « préposé aux armes à feu »

    “firearms officer” means a firearms officer as defined in subsection 2(1) of the Firearms Act;

    “handgun”

    « arme de poing »

    “handgun” means a firearm that is designed, altered or intended to be aimed and fired by the action of one hand, whether or not it has been redesigned or subsequently altered to be aimed and fired by the action of both hands;

    “imitation firearm”

    « fausse arme à feu »

    “imitation firearm” means any thing that imitates a firearm, and includes a replica firearm;

    “import”

    « importer »

    “import” means import into Canada and, for greater certainty, includes the importation of goods into Canada that are shipped in transit through Canada and exported from Canada;

    “licence”

    « permis »

    “licence” means a licence issued under the Firearms Act;

    “prescribed”

    Version anglaise seulement

    “prescribed” means prescribed by the regulations;

    “prohibited ammunition”

    « munitions prohibées »

    “prohibited ammunition” means ammunition, or a projectile of any kind, that is prescribed to be prohibited ammunition;

    “prohibited device”

    « dispositif prohibé »

    “prohibited device” means

    • (a) any component or part of a weapon, or any accessory for use with a weapon, that is prescribed to be a prohibited device,

    • (b) a handgun barrel that is equal to or less than 105 mm in length, but does not include any such handgun barrel that is prescribed, where the handgun barrel is for use in international sporting competitions governed by the rules of the International Shooting Union,

    • (c) a device or contrivance designed or intended to muffle or stop the sound or report of a firearm,

    • (d) a cartridge magazine that is prescribed to be a prohibited device, or

    • (e) a replica firearm;

    “prohibited firearm”

    « arme à feu prohibée »

    “prohibited firearm” means

    • (a) a handgun that

      • (i) has a barrel equal to or less than 105 mm in length, or

      • (ii) is designed or adapted to discharge a 25 or 32 calibre cartridge,

      but does not include any such handgun that is prescribed, where the handgun is for use in international sporting competitions governed by the rules of the International Shooting Union,

    • (b) a firearm that is adapted from a rifle or shotgun, whether by sawing, cutting or any other alteration, and that, as so adapted,

      • (i) is less than 660 mm in length, or

      • (ii) is 660 mm or greater in length and has a barrel less than 457 mm in length,

    • (c) an automatic firearm, whether or not it has been altered to discharge only one projectile with one pressure of the trigger, or

    • (d) any firearm that is prescribed to be a prohibited firearm;

    “prohibited weapon”

    « arme prohibée »

    “prohibited weapon” means

    • (a) a knife that has a blade that opens automatically by gravity or centrifugal force or by hand pressure applied to a button, spring or other device in or attached to the handle of the knife, or

    • (b) any weapon, other than a firearm, that is prescribed to be a prohibited weapon;

    “prohibition order”

    « ordonnance d’interdiction »

    “prohibition order” means an order made under this Act or any other Act of Parliament prohibiting a person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things;

    “Registrar”

    « directeur »

    “Registrar” means the Registrar of Firearms appointed under section 82 of the Firearms Act;

    “registration certificate”

    « certificat d’enregistrement »

    “registration certificate” means a registration certificate issued under the Firearms Act;

    “replica firearm”

    « réplique »

    “replica firearm” means any device that is designed or intended to exactly resemble, or to resemble with near precision, a firearm, and that itself is not a firearm, but does not include any such device that is designed or intended to exactly resemble, or to resemble with near precision, an antique firearm;

    “restricted firearm”

    « arme à feu à autorisation restreinte »

    “restricted firearm” means

    • (a) a handgun that is not a prohibited firearm,

    • (b) a firearm that

      • (i) is not a prohibited firearm,

      • (ii) has a barrel less than 470 mm in length, and

      • (iii) is capable of discharging centre-fire ammunition in a semi-automatic manner,

    • (c) a firearm that is designed or adapted to be fired when reduced to a length of less than 660 mm by folding, telescoping or otherwise, or

    • (d) a firearm of any other kind that is prescribed to be a restricted firearm;

    “restricted weapon”

    « arme à autorisation restreinte »

    “restricted weapon” means any weapon, other than a firearm, that is prescribed to be a restricted weapon;

    “superior court”

    « cour supérieure »

    “superior court” means

    • (a) in Ontario, the Superior Court of Justice, sitting in the region, district or county or group of counties where the relevant adjudication was made,

    • (b) in Quebec, the Superior Court,

    • (c) in New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench,

    • (d) in Nova Scotia, British Columbia and a territory, the Supreme Court, and

    • (e) in Prince Edward Island and Newfoundland, the Trial Division of the Supreme Court;

    “transfer”

    « cession »

    “transfer” means sell, provide, barter, give, lend, rent, send, transport, ship, distribute or deliver.

  • Marginal note:Barrel length

    (2) For the purposes of this Part, the length of a barrel of a firearm is

    • (a) in the case of a revolver, the distance from the muzzle of the barrel to the breach end immediately in front of the cylinder, and

    • (b) in any other case, the distance from the muzzle of the barrel to and including the chamber,

    but does not include the length of any component, part or accessory including any component, part or accessory designed or intended to suppress the muzzle flash or reduce recoil.

  • Marginal note:Certain weapons deemed not to be firearms

    (3) For the purposes of sections 91 to 95, 99 to 101, 103 to 107 and 117.03 of this Act and the provisions of the Firearms Act, the following weapons are deemed not to be firearms:

    • (a) any antique firearm;

    • (b) any device that is

      • (i) designed exclusively for signalling, for notifying of distress, for firing blank cartridges or for firing stud cartridges, explosive-driven rivets or other industrial projectiles, and

      • (ii) intended by the person in possession of it to be used exclusively for the purpose for which it is designed;

    • (c) any shooting device that is

      • (i) designed exclusively for the slaughtering of domestic animals, the tranquillizing of animals or the discharging of projectiles with lines attached to them, and

      • (ii) intended by the person in possession of it to be used exclusively for the purpose for which it is designed; and

    • (d) any other barrelled weapon, where it is proved that the weapon is not designed or adapted to discharge

      • (i) a shot, bullet or other projectile at a muzzle velocity exceeding 152.4 m per second or at a muzzle energy exceeding 5.7 Joules, or

      • (ii) a shot, bullet or other projectile that is designed or adapted to attain a velocity exceeding 152.4 m per second or an energy exceeding 5.7 Joules.

  • Marginal note:Exception — antique firearms

    (3.1) Notwithstanding subsection (3), an antique firearm is a firearm for the purposes of regulations made under paragraph 117(h) of the Firearms Act and subsection 86(2) of this Act.

  • Meaning of “holder”

    (4) For the purposes of this Part, a person is the holder of

    • (a) an authorization or a licence if the authorization or licence has been issued to the person and the person continues to hold it; and

    • (b) a registration certificate for a firearm if

      • (i) the registration certificate has been issued to the person and the person continues to hold it, or

      • (ii) the person possesses the registration certificate with the permission of its lawful holder.

  • Marginal note:Subsequent offences

    (5) In determining, for the purpose of subsection 85(3), 95(2), 99(2), 100(2) or 103(2), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

    • (a) an offence under section 85, 95, 96, 98, 98.1, 99, 100, 102 or 103 or subsection 117.01(1);

    • (b) an offence under section 244 or 244.2; or

    • (c) an offence under section 220, 236, 239, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence.

    However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

  • Marginal note:Sequence of convictions only

    (6) For the purposes of subsection (5), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

  • R.S., 1985, c. C-46, s. 84;
  • R.S., 1985, c. 27 (1st Supp.), ss. 185(F), 186;
  • 1991, c. 40, s. 2;
  • 1995, c. 39, s. 139;
  • 1998, c. 30, s. 16;
  • 2003, c. 8, s. 2;
  • 2008, c. 6, s. 2;
  • 2009, c. 22, s. 2.

Use Offences

Marginal note:Using firearm in commission of offence
  •  (1) Every person commits an offence who uses a firearm, whether or not the person causes or means to cause bodily harm to any person as a result of using the firearm,

    • (a) while committing an indictable offence, other than an offence under section 220 (criminal negligence causing death), 236 (manslaughter), 239 (attempted murder), 244 (discharging firearm with intent), 244.2 (discharging firearm — recklessness), 272 (sexual assault with a weapon) or 273 (aggravated sexual assault), subsection 279(1) (kidnapping) or section 279.1 (hostage taking), 344 (robbery) or 346 (extortion);

    • (b) while attempting to commit an indictable offence; or

    • (c) during flight after committing or attempting to commit an indictable offence.

  • Marginal note:Using imitation firearm in commission of offence

    (2) Every person commits an offence who uses an imitation firearm

    • (a) while committing an indictable offence,

    • (b) while attempting to commit an indictable offence, or

    • (c) during flight after committing or attempting to commit an indictable offence,

    whether or not the person causes or means to cause bodily harm to any person as a result of using the imitation firearm.

  • Marginal note:Punishment

    (3) Every person who commits an offence under subsection (1) or (2) is guilty of an indictable offence and liable

    • (a) in the case of a first offence, except as provided in paragraph (b), to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of one year; and

    • (b) in the case of a second or subsequent offence, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of three years.

    • (c[Repealed, 2008, c. 6, s. 3]

  • Marginal note:Sentences to be served consecutively

    (4) A sentence imposed on a person for an offence under subsection (1) or (2) 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 subsection (1) or (2).

  • R.S., 1985, c. C-46, s. 85;
  • 1995, c. 39, s. 139;
  • 2003, c. 8, s. 3;
  • 2008, c. 6, s. 3;
  • 2009, c. 22, s. 3.
Marginal note:Careless use of firearm, etc.
  •  (1) Every person commits an offence who, without lawful excuse, uses, carries, handles, ships, transports or stores a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any ammunition or prohibited ammunition in a careless manner or without reasonable precautions for the safety of other persons.

  • Marginal note:Contravention of storage regulations, etc.

    (2) Every person commits an offence who contravenes a regulation made under paragraph 117(h) of the Firearms Act respecting the storage, handling, transportation, shipping, display, advertising and mail-order sales of firearms and restricted weapons.

  • Marginal note:Punishment

    (3) Every person who commits an offence under subsection (1) or (2)

    • (a) is guilty of an indictable offence and liable to imprisonment

      • (i) in the case of a first offence, for a term not exceeding two years, and

      • (ii) in the case of a second or subsequent offence, for a term not exceeding five years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 86;
  • 1991, c. 40, s. 3;
  • 1995, c. 39, s. 139.
Marginal note:Pointing a firearm
  •  (1) Every person commits an offence who, without lawful excuse, points a firearm at another person, whether the firearm is loaded or unloaded.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 87;
  • 1995, c. 39, s. 139.

Possession Offences

Marginal note:Possession of weapon for dangerous purpose
  •  (1) Every person commits an offence who carries or possesses a weapon, an imitation of a weapon, a prohibited device or any ammunition or prohibited ammunition for a purpose dangerous to the public peace or for the purpose of committing an offence.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 88;
  • 1995, c. 39, s. 139.
Marginal note:Carrying weapon while attending public meeting
  •  (1) Every person commits an offence who, without lawful excuse, carries a weapon, a prohibited device or any ammunition or prohibited ammunition while the person is attending or is on the way to attend a public meeting.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1) is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 89;
  • 1995, c. 39, s. 139.
Marginal note:Carrying concealed weapon
  •  (1) Every person commits an offence who carries a weapon, a prohibited device or any prohibited ammunition concealed, unless the person is authorized under the Firearms Act to carry it concealed.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 90;
  • 1991, c. 28, s. 6, c. 40, ss. 4, 35;
  • 1994, c. 44, s. 6;
  • 1995, c. 39, s. 139.
Marginal note:Unauthorized possession of firearm
  •  (1) Subject to subsections (4) and (5), every person commits an offence who possesses a firearm without being the holder of

    • (a) a licence under which the person may possess it; and

    • (b) a registration certificate for the firearm.

  • Marginal note:Unauthorized possession of prohibited weapon or restricted weapon

    (2) Subject to subsection (4), every person commits an offence who possesses a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition, without being the holder of a licence under which the person may possess it.

  • Marginal note:Punishment

    (3) Every person who commits an offence under subsection (1) or (2)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Exceptions

    (4) Subsections (1) and (2) do not apply to

    • (a) a person who possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition while the person is under the direct and immediate supervision of a person who may lawfully possess it, for the purpose of using it in a manner in which the supervising person may lawfully use it; or

    • (b) a person who comes into possession of a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition by the operation of law and who, within a reasonable period after acquiring possession of it,

      • (i) lawfully disposes of it, or

      • (ii) obtains a licence under which the person may possess it and, in the case of a firearm, a registration certificate for the firearm.

  • Marginal note:Borrowed firearm for sustenance

    (5) Subsection (1) does not apply to a person who possesses a firearm that is neither a prohibited firearm nor a restricted firearm and who is not the holder of a registration certificate for the firearm if the person

    • (a) has borrowed the firearm;

    • (b) is the holder of a licence under which the person may possess it; and

    • (c) is in possession of the firearm to hunt or trap in order to sustain the person or the person’s family.

  • R.S., 1985, c. C-46, s. 91;
  • 1991, c. 28, s. 7, c. 40, ss. 5, 36;
  • 1995, c. 22, s. 10, c. 39, s. 139;
  • 2008, c. 6, s. 4.
Marginal note:Possession of firearm knowing its possession is unauthorized
  •  (1) Subject to subsections (4) and (5), every person commits an offence who possesses a firearm knowing that the person is not the holder of

    • (a) a licence under which the person may possess it; and

    • (b) a registration certificate for the firearm.

  • Marginal note:Possession of prohibited weapon, device or ammunition knowing its possession is unauthorized

    (2) Subject to subsection (4), every person commits an offence who possesses a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition knowing that the person is not the holder of a licence under which the person may possess it.

  • Marginal note:Punishment

    (3) Every person who commits an offence under subsection (1) or (2) is guilty of an indictable offence and liable

    • (a) in the case of a first offence, to imprisonment for a term not exceeding ten years;

    • (b) in the case of a second offence, to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; and

    • (c) in the case of a third or subsequent offence, to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of two years less a day.

  • Marginal note:Exceptions

    (4) Subsections (1) and (2) do not apply to

    • (a) a person who possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition while the person is under the direct and immediate supervision of a person who may lawfully possess it, for the purpose of using it in a manner in which the supervising person may lawfully use it; or

    • (b) a person who comes into possession of a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition by the operation of law and who, within a reasonable period after acquiring possession of it,

      • (i) lawfully disposes of it, or

      • (ii) obtains a licence under which the person may possess it and, in the case of a firearm, a registration certificate for the firearm.

  • Marginal note:Borrowed firearm for sustenance

    (5) Subsection (1) does not apply to a person who possesses a firearm that is neither a prohibited firearm nor a restricted firearm and who is not the holder of a registration certificate for the firearm if the person

    • (a) has borrowed the firearm;

    • (b) is the holder of a licence under which the person may possess it; and

    • (c) is in possession of the firearm to hunt or trap in order to sustain the person or the person’s family.

  • Marginal note:Evidence for previous conviction

    (6) Where a person is charged with an offence under subsection (1), evidence that the person was convicted of an offence under subsection 112(1) of the Firearms Act is admissible at any stage of the proceedings and may be taken into consideration for the purpose of proving that the person knew that the person was not the holder of a registration certificate for the firearm to which the offence relates.

  • R.S., 1985, c. C-46, s. 92;
  • R.S., 1985, c. 1 (2nd Supp.), s. 213;
  • 1991, c. 40, s. 7;
  • 1995, c. 39, s. 139;
  • 2008, c. 6, s. 5.
Marginal note:Possession at unauthorized place
  •  (1) Subject to subsection (3), every person commits an offence who, being the holder of an authorization or a licence under which the person may possess a firearm, a prohibited weapon, a restricted weapon, a prohibited device or prohibited ammunition, possesses the firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition at a place that is

    • (a) indicated on the authorization or licence as being a place where the person may not possess it;

    • (b) other than a place indicated on the authorization or licence as being a place where the person may possess it; or

    • (c) other than a place where it may be possessed under the Firearms Act.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Exception

    (3) Subsection (1) does not apply to a person who possesses a replica firearm.

  • R.S., 1985, c. C-46, s. 93;
  • 1991, c. 40, s. 8;
  • 1995, c. 39, s. 139;
  • 2008, c. 6, s. 6.
Marginal note:Unauthorized possession in motor vehicle
  •  (1) Subject to subsections (3) to (5), every person commits an offence who is an occupant of a motor vehicle in which the person knows there is a firearm, a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition, unless

    • (a) in the case of a firearm,

      • (i) the person or any other occupant of the motor vehicle is the holder of

        • (A) an authorization or a licence under which the person or other occupant may possess the firearm and, in the case of a prohibited firearm or a restricted firearm, transport the prohibited firearm or restricted firearm, and

        • (B) a registration certificate for the firearm,

      • (ii) the person had reasonable grounds to believe that any other occupant of the motor vehicle was the holder of

        • (A) an authorization or a licence under which that other occupant may possess the firearm and, in the case of a prohibited firearm or a restricted firearm, transport the prohibited firearm or restricted firearm, and

        • (B) a registration certificate for the firearm, or

      • (iii) the person had reasonable grounds to believe that any other occupant of the motor vehicle was a person who could not be convicted of an offence under this Act by reason of sections 117.07 to 117.1 or any other Act of Parliament; and

    • (b) in the case of a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition,

      • (i) the person or any other occupant of the motor vehicle is the holder of an authorization or a licence under which the person or other occupant may transport the prohibited weapon, restricted weapon, prohibited device or prohibited ammunition, or

      • (ii) the person had reasonable grounds to believe that any other occupant of the motor vehicle was

        • (A) the holder of an authorization or a licence under which the other occupant may transport the prohibited weapon, restricted weapon, prohibited device or prohibited ammunition, or

        • (B) a person who could not be convicted of an offence under this Act by reason of sections 117.07 to 117.1 or any other Act of Parliament.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Exception

    (3) Subsection (1) does not apply to an occupant of a motor vehicle who, on becoming aware of the presence of the firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition in the motor vehicle, attempted to leave the motor vehicle, to the extent that it was feasible to do so, or actually left the motor vehicle.

  • Marginal note:Exception

    (4) Subsection (1) does not apply to an occupant of a motor vehicle where the occupant or any other occupant of the motor vehicle is a person who came into possession of the firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition by the operation of law.

  • Marginal note:Borrowed firearm for sustenance

    (5) Subsection (1) does not apply to an occupant of a motor vehicle where the occupant or any other occupant of the motor vehicle is a person who possesses a firearm that is neither a prohibited firearm nor a restricted firearm and who is not the holder of a registration certificate for the firearm if the person

    • (a) has borrowed the firearm;

    • (b) is the holder of a licence under which the person may possess it; and

    • (c) is in possession of the firearm to hunt or trap in order to sustain the person or the person’s family.

  • R.S., 1985, c. C-46, s. 94;
  • 1995, c. 39, s. 139;
  • 2008, c. 6, s. 7.
Marginal note:Possession of prohibited or restricted firearm with ammunition
  •  (1) Subject to subsection (3), every person commits an offence who, in any place, possesses a loaded prohibited firearm or restricted firearm, or an unloaded prohibited firearm or restricted firearm together with readily accessible ammunition that is capable of being discharged in the firearm, unless the person is the holder of

    • (a) an authorization or a licence under which the person may possess the firearm in that place; and

    • (b) the registration certificate for the firearm.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of

      • (i) in the case of a first offence, three years, and

      • (ii) in the case of a second or subsequent offence, five years; or

    • (b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year.

  • Marginal note:Exception

    (3) Subsection (1) does not apply to a person who is using the firearm under the direct and immediate supervision of another person who is lawfully entitled to possess it and is using the firearm in a manner in which that other person may lawfully use it.

  • R.S., 1985, c. C-46, s. 95;
  • 1991, c. 28, s. 8, c. 40, ss. 9, 37;
  • 1993, c. 25, s. 93;
  • 1995, c. 39, s. 139;
  • 2008, c. 6, s. 8.
Marginal note:Possession of weapon obtained by commission of offence
  •  (1) Subject to subsection (3), every person commits an offence who possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition that the person knows was obtained by the commission in Canada of an offence or by an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; or

    • (b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year.

  • Marginal note:Exception

    (3) Subsection (1) does not apply to a person who comes into possession of anything referred to in that subsection by the operation of law and who lawfully disposes of it within a reasonable period after acquiring possession of it.

  • R.S., 1985, c. C-46, s. 96;
  • 1995, c. 39, s. 139.

 [Not in force]

Marginal note:Breaking and entering to steal firearm
  •  (1) Every person commits an offence who

    • (a) breaks and enters a place with intent to steal a firearm located in it;

    • (b) breaks and enters a place and steals a firearm located in it; or

    • (c) breaks out of a place after

      • (i) stealing a firearm located in it, or

      • (ii) entering the place with intent to steal a firearm located in it.

  • Definitions of “break” and “place”

    (2) In this section, “break” has the same meaning as in section 321, and “place” means any building or structure — or part of one — and any motor vehicle, vessel, aircraft, railway vehicle, container or trailer.

  • Marginal note:Entrance

    (3) For the purposes of this section,

    • (a) a person enters as soon as any part of his or her body or any part of an instrument that he or she uses is within any thing that is being entered; and

    • (b) a person is deemed to have broken and entered if he or she

      • (i) obtained entrance by a threat or an artifice or by collusion with a person within, or

      • (ii) entered without lawful justification or excuse by a permanent or temporary opening.

  • Marginal note:Punishment

    (4) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for life.

  • R.S., 1985, c. C-46, s. 98;
  • R.S., 1985, c. 27 (1st Supp.), s. 13;
  • 1991, c. 40, s. 11;
  • 1995, c. 39, s. 139;
  • 2008, c. 6, s. 9.
Marginal note:Robbery to steal firearm

 Every person who commits a robbery within the meaning of section 343 with intent to steal a firearm or in the course of which he or she steals a firearm commits an indictable offence and is liable to imprisonment for life.

  • 2008, c. 6, s. 9.

Trafficking Offences

Marginal note:Weapons trafficking
  •  (1) Every person commits an offence who

    • (a) manufactures or transfers, whether or not for consideration, or

    • (b) offers to do anything referred to in paragraph (a) in respect of

    a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition knowing that the person is not authorized to do so under the Firearms Act or any other Act of Parliament or any regulations made under any Act of Parliament.

  • Marginal note:Punishment — firearm

    (2) Every person who commits an offence under subsection (1) where the object in question is a firearm, a prohibited device, any ammunition or any prohibited ammunition is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of

    • (a) in the case of a first offence, three years; and

    • (b) in the case of a second or subsequent offence, five years.

  • Marginal note:Punishment — other cases

    (3) In any other case, a person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of one year.

  • R.S., 1985, c. C-46, s. 99;
  • 1995, c. 39, s. 139;
  • 2008, c. 6, s. 10.
Marginal note:Possession for purpose of weapons trafficking
  •  (1) Every person commits an offence who possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition for the purpose of

    • (a) transferring it, whether or not for consideration, or

    • (b) offering to transfer it,

    knowing that the person is not authorized to transfer it under the Firearms Act or any other Act of Parliament or any regulations made under any Act of Parliament.

  • Marginal note:Punishment — firearm

    (2) Every person who commits an offence under subsection (1) where the object in question is a firearm, a prohibited device, any ammunition or any prohibited ammunition is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of

    • (a) in the case of a first offence, three years; and

    • (b) in the case of a second or subsequent offence, five years.

  • Marginal note:Punishment — other cases

    (3) In any other case, a person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of one year.

  • R.S., 1985, c. C-46, s. 100;
  • R.S., 1985, c. 11 (1st Supp.), s. 2, c. 27 (1st Supp.), ss. 14, 203, c. 27 (2nd Supp.), s. 10, c. 1 (4th Supp.), s. 18(F);
  • 1990, c. 16, s. 2, c. 17, s. 8;
  • 1991, c. 40, s. 12;
  • 1992, c. 51, s. 33;
  • 1995, c. 22, ss. 10, 18(F), c. 39, s. 139;
  • 1996, c. 19, s. 65;
  • 2008, c. 6, s. 11.
Marginal note:Transfer without authority
  •  (1) Every person commits an offence who transfers a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition to any person otherwise than under the authority of the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 101;
  • 1991, c. 40, s. 13;
  • 1995, c. 39, s. 139.

Assembling Offence

Marginal note:Making automatic firearm
  •  (1) Every person commits an offence who, without lawful excuse, alters a firearm so that it is capable of, or manufactures or assembles any firearm that is capable of, discharging projectiles in rapid succession during one pressure of the trigger.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; or

    • (b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year.

  • R.S., 1985, c. C-46, s. 102;
  • R.S., 1985, c. 27 (1st Supp.), s. 203;
  • 1991, c. 28, s. 9, c. 40, s. 14;
  • 1995, c. 39, s. 139.

Export and Import Offences

Marginal note:Importing or exporting knowing it is unauthorized
  •  (1) Every person commits an offence who imports or exports

    • (a) a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition, or

    • (b) any component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm,

    knowing that the person is not authorized to do so under the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament.

  • Marginal note:Punishment — firearm

    (2) Every person who commits an offence under subsection (1) where the object in question is a firearm, a prohibited device or any prohibited ammunition is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of

    • (a) in the case of a first offence, three years; and

    • (b) in the case of a second or subsequent offence, five years.

  • Marginal note:Punishment — other cases

    (2.1) In any other case, a person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of one year.

  • Marginal note:Attorney General of Canada may act

    (3) Any proceedings in respect of an offence under subsection (1) may be commenced at the instance of the Government of Canada and conducted by or on behalf of that government.

  • R.S., 1985, c. C-46, s. 103;
  • 1991, c. 40, s. 15;
  • 1995, c. 39, s. 139;
  • 2008, c. 6, s. 12.
Marginal note:Unauthorized importing or exporting
  •  (1) Every person commits an offence who imports or exports

    • (a) a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition, or

    • (b) any component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm,

    otherwise than under the authority of the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Attorney General of Canada may act

    (3) Any proceedings in respect of an offence under subsection (1) may be commenced at the instance of the Government of Canada and conducted by or on behalf of that government.

  • R.S., 1985, c. C-46, s. 104;
  • 1991, c. 40, s. 16;
  • 1995, c. 39, s. 139.

Offences relating to Lost, Destroyed or Defaced Weapons, etc.

Marginal note:Losing or finding
  •  (1) Every person commits an offence who

    • (a) having lost a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any prohibited ammunition, an authorization, a licence or a registration certificate, or having had it stolen from the person’s possession, does not with reasonable despatch report the loss to a peace officer, to a firearms officer or a chief firearms officer; or

    • (b) on finding a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition that the person has reasonable grounds to believe has been lost or abandoned, does not with reasonable despatch deliver it to a peace officer, a firearms officer or a chief firearms officer or report the finding to a peace officer, a firearms officer or a chief firearms officer.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 105;
  • 1991, c. 28, s. 10, c. 40, ss. 18, 39;
  • 1994, c. 44, s. 7;
  • 1995, c. 39, s. 139.
Marginal note:Destroying
  •  (1) Every person commits an offence who

    • (a) after destroying any firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition, or

    • (b) on becoming aware of the destruction of any firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition that was in the person’s possession before its destruction,

    does not with reasonable despatch report the destruction to a peace officer, firearms officer or chief firearms officer.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 106;
  • R.S., 1985, c. 27 (1st Supp.), s. 203;
  • 1991, c. 40, s. 19;
  • 1995, c. 22, s. 10, c. 39, s. 139.
Marginal note:False statements
  •  (1) Every person commits an offence who knowingly makes, before a peace officer, firearms officer or chief firearms officer, a false report or statement concerning the loss, theft or destruction of a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any prohibited ammunition, an authorization, a licence or a registration certificate.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • Definition of “report” or “statement”

    (3) In this section, “report” or “statement” means an assertion of fact, opinion, belief or knowledge, whether material or not and whether admissible or not.

  • R.S., 1985, c. C-46, s. 107;
  • 1991, c. 40, s. 20;
  • 1995, c. 39, s. 139.
Marginal note:Tampering with serial number
  •  (1) Every person commits an offence who, without lawful excuse, the proof of which lies on the person,

    • (a) alters, defaces or removes a serial number on a firearm; or

    • (b) possesses a firearm knowing that the serial number on it has been altered, defaced or removed.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Exception

    (3) No person is guilty of an offence under paragraph (1)(b) by reason only of possessing a firearm the serial number on which has been altered, defaced or removed, where that serial number has been replaced and a registration certificate in respect of the firearm has been issued setting out a new serial number for the firearm.

  • Marginal note:Evidence

    (4) In proceedings for an offence under subsection (1), evidence that a person possesses a firearm the serial number on which has been wholly or partially obliterated otherwise than through normal use over time is, in the absence of evidence to the contrary, proof that the person possesses the firearm knowing that the serial number on it has been altered, defaced or removed.

  • R.S., 1985, c. C-46, s. 108;
  • 1991, c. 40, s. 20;
  • 1995, c. 39, s. 139.

Prohibition Orders

Marginal note:Mandatory prohibition order
  •  (1) Where a person is convicted, or discharged under section 730, of

    • (a) an indictable offence in the commission of which violence against a person was used, threatened or attempted and for which the person may be sentenced to imprisonment for ten years or more,

    • (b) an offence under subsection 85(1) (using firearm in commission of offence), subsection 85(2) (using imitation firearm in commission of offence), 95(1) (possession of prohibited or restricted firearm with ammunition), 99(1) (weapons trafficking), 100(1) (possession for purpose of weapons trafficking), 102(1) (making automatic firearm), 103(1) (importing or exporting knowing it is unauthorized) or section 264 (criminal harassment),

    • (c) an offence relating to the contravention of subsection 5(1) or (2), 6(1) or (2) or 7(1) of the Controlled Drugs and Substances Act, or

    • (d) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance and, at the time of the offence, the person was prohibited by any order made under this Act or any other Act of Parliament from possessing any such thing,

    the court that sentences the person or directs that the person be discharged, as the case may be, shall, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, make an order prohibiting the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition and explosive substance during the period specified in the order as determined in accordance with subsection (2) or (3), as the case may be.

  • Marginal note:Duration of prohibition order — first offence

    (2) An order made under subsection (1) shall, in the case of a first conviction for or discharge from the offence to which the order relates, prohibit the person from possessing

    • (a) any firearm, other than a prohibited firearm or restricted firearm, and any crossbow, restricted weapon, ammunition and explosive substance during the period that

      • (i) begins on the day on which the order is made, and

      • (ii) ends not earlier than ten years after the person’s release from imprisonment after conviction for the offence or, if the person is not then imprisoned or subject to imprisonment, after the person’s conviction for or discharge from the offence; and

    • (b) any prohibited firearm, restricted firearm, prohibited weapon, prohibited device and prohibited ammunition for life.

  • Marginal note:Duration of prohibition order — subsequent offences

    (3) An order made under subsection (1) shall, in any case other than a case described in subsection (2), prohibit the person from possessing any firearm, cross-bow, restricted weapon, ammunition and explosive substance for life.

  • Definition of “release from imprisonment”

    (4) In subparagraph (2)(a)(ii), “release from imprisonment” means release from confinement by reason of expiration of sentence, commencement of statutory release or grant of parole.

  • Marginal note:Application of ss. 113 to 117

    (5) Sections 113 to 117 apply in respect of every order made under subsection (1).

  • R.S., 1985, c. C-46, s. 109;
  • R.S., 1985, c. 27 (1st Supp.), s. 185(F);
  • 1991, c. 40, s. 21;
  • 1995, c. 39, ss. 139, 190;
  • 1996, c. 19, s. 65.1;
  • 2003, c. 8, s. 4.
Marginal note:Discretionary prohibition order
  •  (1) Where a person is convicted, or discharged under section 730, of

    • (a) an offence, other than an offence referred to in any of paragraphs 109(1)(a), (b) and (c), in the commission of which violence against a person was used, threatened or attempted, or

    • (b) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance and, at the time of the offence, the person was not prohibited by any order made under this Act or any other Act of Parliament from possessing any such thing,

    the court that sentences the person or directs that the person be discharged, as the case may be, shall, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, consider whether it is desirable, in the interests of the safety of the person or of any other person, to make an order prohibiting the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, and where the court decides that it is so desirable, the court shall so order.

  • Marginal note:Duration of prohibition order

    (2) An order made under subsection (1) against a person begins on the day on which the order is made and ends not later than ten years after the person’s release from imprisonment after conviction for the offence to which the order relates or, if the person is not then imprisoned or subject to imprisonment, after the person’s conviction for or discharge from the offence.

  • Marginal note:Reasons

    (3) Where the court does not make an order under subsection (1), or where the court does make such an order but does not prohibit the possession of everything referred to in that subsection, the court shall include in the record a statement of the court’s reasons for not doing so.

  • Definition of “release from imprisonment”

    (4) In subsection (2), “release from imprisonment” means release from confinement by reason of expiration of sentence, commencement of statutory release or grant of parole.

  • Marginal note:Application of ss. 113 to 117

    (5) Sections 113 to 117 apply in respect of every order made under subsection (1).

  • R.S., 1985, c. C-46, s. 110;
  • 1991, c. 40, ss. 23, 40;
  • 1995, c. 39, ss. 139, 190.
Marginal note:Application for prohibition order
  •  (1) A peace officer, firearms officer or chief firearms officer may apply to a provincial court judge for an order prohibiting a person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, where the peace officer, firearms officer or chief firearms officer believes on reasonable grounds that it is not desirable in the interests of the safety of the person against whom the order is sought or of any other person that the person against whom the order is sought should possess any such thing.

  • Marginal note:Date for hearing and notice

    (2) On receipt of an application made under subsection (1), the provincial court judge shall fix a date for the hearing of the application and direct that notice of the hearing be given, in such manner as the provincial court judge may specify, to the person against whom the order is sought.

  • Marginal note:Hearing of application

    (3) Subject to subsection (4), at the hearing of an application made under subsection (1), the provincial court judge shall hear all relevant evidence presented by or on behalf of the applicant and the person against whom the order is sought.

  • Marginal note:Where hearing may proceed ex parte

    (4) A provincial court judge may proceed ex parte to hear and determine an application made under subsection (1) in the absence of the person against whom the order is sought in the same circumstances as those in which a summary conviction court may, under Part XXVII, proceed with a trial in the absence of the defendant.

  • Marginal note:Prohibition order

    (5) Where, at the conclusion of a hearing of an application made under subsection (1), the provincial court judge is satisfied that the circumstances referred to in that subsection exist, the provincial court judge shall make an order prohibiting the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, for such period, not exceeding five years, as is specified in the order, beginning on the day on which the order is made.

  • Marginal note:Reasons

    (6) Where a provincial court judge does not make an order under subsection (1), or where a provincial court judge does make such an order but does not prohibit the possession of everything referred to in that subsection, the provincial court judge shall include in the record a statement of the court’s reasons.

  • Marginal note:Application of ss. 113 to 117

    (7) Sections 113 to 117 apply in respect of every order made under subsection (5).

  • Marginal note:Appeal by person or Attorney General

    (8) Where a provincial court judge makes an order under subsection (5), the person to whom the order relates, or the Attorney General, may appeal to the superior court against the order.

  • Marginal note:Appeal by Attorney General

    (9) Where a provincial court judge does not make an order under subsection (5), the Attorney General may appeal to the superior court against the decision not to make an order.

  • Marginal note:Application of Part XXVII to appeals

    (10) The provisions of Part XXVII, except sections 785 to 812, 816 to 819 and 829 to 838, apply in respect of an appeal made under subsection (8) or (9), with such modifications as the circumstances require and as if each reference in that Part to the appeal court were a reference to the superior court.

  • Definition of “provincial court judge”

    (11) In this section and sections 112, 117.011 and 117.012, “provincial court judge” means a provincial court judge having jurisdiction in the territorial division where the person against whom the application for an order was brought resides.

  • R.S., 1985, c. C-46, s. 111;
  • 1991, c. 40, s. 24;
  • 1995, c. 39, s. 139.
Marginal note:Revocation of prohibition order under s. 111(5)

 A provincial court judge may, on application by the person against whom an order is made under subsection 111(5), revoke the order if satisfied that the circumstances for which it was made have ceased to exist.

  • R.S., 1985, c. C-46, s. 112;
  • R.S., 1985, c. 27 (1st Supp.), s. 203;
  • 1991, c. 40, s. 26;
  • 1995, c. 39, s. 139.
Marginal note:Lifting of prohibition order for sustenance or employment
  •  (1) Where a person who is or will be a person against whom a prohibition order is made establishes to the satisfaction of a competent authority that

    • (a) the person needs a firearm or restricted weapon to hunt or trap in order to sustain the person or the person’s family, or

    • (b) a prohibition order against the person would constitute a virtual prohibition against employment in the only vocation open to the person,

    the competent authority may, notwithstanding that the person is or will be subject to a prohibition order, make an order authorizing a chief firearms officer or the Registrar to issue, in accordance with such terms and conditions as the competent authority considers appropriate, an authorization, a licence or a registration certificate, as the case may be, to the person for sustenance or employment purposes.

  • Marginal note:Factors

    (2) A competent authority may make an order under subsection (1) only after taking the following factors into account:

    • (a) the criminal record, if any, of the person;

    • (b) the nature and circumstances of the offence, if any, in respect of which the prohibition order was or will be made; and

    • (c) the safety of the person and of other persons.

  • Marginal note:Effect of order

    (3) Where an order is made under subsection (1),

    • (a) an authorization, a licence or a registration certificate may not be denied to the person in respect of whom the order was made solely on the basis of a prohibition order against the person or the commission of an offence in respect of which a prohibition order was made against the person; and

    • (b) an authorization and a licence may, for the duration of the order, be issued to the person in respect of whom the order was made only for sustenance or employment purposes and, where the order sets out terms and conditions, only in accordance with those terms and conditions, but, for greater certainty, the authorization or licence may also be subject to terms and conditions set by the chief firearms officer that are not inconsistent with the purpose for which it is issued and any terms and conditions set out in the order.

  • Marginal note:When order can be made

    (4) For greater certainty, an order under subsection (1) may be made during proceedings for an order under subsection 109(1), 110(1), 111(5), 117.05(4) or 515(2), paragraph 732.1(3)(d) or subsection 810(3).

  • Meaning of “competent authority”

    (5) In this section, “competent authority” means the competent authority that made or has jurisdiction to make the prohibition order.

  • R.S., 1985, c. C-46, s. 113;
  • 1991, c. 40, s. 27(E);
  • 1995, c. 22, s. 10, c. 39, ss. 139, 190.
Marginal note:Requirement to surrender

 A competent authority that makes a prohibition order against a person may, in the order, require the person to surrender to a peace officer, a firearms officer or a chief firearms officer

  • (a) any thing the possession of which is prohibited by the order that is in the possession of the person on the commencement of the order, and

  • (b) every authorization, licence and registration certificate relating to any thing the possession of which is prohibited by the order that is held by the person on the commencement of the order,

and where the competent authority does so, it shall specify in the order a reasonable period for surrendering such things and documents and during which section 117.01 does not apply to that person.

  • R.S., 1985, c. C-46, s. 114;
  • R.S., 1985, c. 27 (1st Supp.), s. 203;
  • 1995, c. 22, s. 10, c. 39, s. 139.
Marginal note:Forfeiture
  •  (1) Unless a prohibition order against a person specifies otherwise, every thing the possession of which is prohibited by the order that, on the commencement of the order, is in the possession of the person is forfeited to Her Majesty.

  • Marginal note:Exception

    (1.1) Subsection (1) does not apply in respect of an order made under section 515.

  • Marginal note:Disposal

    (2) Every thing forfeited to Her Majesty under subsection (1) shall be disposed of or otherwise dealt with as the Attorney General directs.

  • R.S., 1985, c. C-46, s. 115;
  • 1995, c. 39, s. 139;
  • 2003, c. 8, s. 5.
Marginal note:Authorizations revoked or amended
  •  (1) Subject to subsection (2), every authorization, licence and registration certificate relating to any thing the possession of which is prohibited by a prohibition order and issued to a person against whom the prohibition order is made is, on the commencement of the prohibition order, revoked, or amended, as the case may be, to the extent of the prohibitions in the order.

  • Marginal note:Duration of revocation or amendment — orders under section 515

    (2) An authorization, a licence and a registration certificate relating to a thing the possession of which is prohibited by an order made under section 515 is revoked, or amended, as the case may be, only in respect of the period during which the order is in force.

  • R.S., 1985, c. C-46, s. 116;
  • 1991, c. 28, s. 11, c. 40, ss. 28, 41;
  • 1995, c. 39, s. 139;
  • 2003, c. 8, s. 6.
Marginal note:Return to owner

 Where the competent authority that makes a prohibition order or that would have had jurisdiction to make the order is, on application for an order under this section, satisfied that a person, other than the person against whom a prohibition order was or will be made,

  • (a) is the owner of any thing that is or may be forfeited to Her Majesty under subsection 115(1) and is lawfully entitled to possess it, and

  • (b) in the case of a prohibition order under subsection 109(1) or 110(1), had no reasonable grounds to believe that the thing would or might be used in the commission of the offence in respect of which the prohibition order was made,

the competent authority shall order that the thing be returned to the owner or the proceeds of any sale of the thing be paid to that owner or, if the thing was destroyed, that an amount equal to the value of the thing be paid to the owner.

  • R.S., 1985, c. C-46, s. 117;
  • 1991, c. 40, s. 29;
  • 1995, c. 39, s. 139.
Marginal note:Possession contrary to order
  •  (1) Subject to subsection (4), every person commits an offence who possesses a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance while the person is prohibited from doing so by any order made under this Act or any other Act of Parliament.

  • Marginal note:Failure to surrender authorization, etc.

    (2) Every person commits an offence who wilfully fails to surrender to a peace officer, a firearms officer or a chief firearms officer any authorization, licence or registration certificate held by the person when the person is required to do so by any order made under this Act or any other Act of Parliament.

  • Marginal note:Punishment

    (3) Every person who commits an offence under subsection (1) or (2)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Exception

    (4) Subsection (1) does not apply to a person who possessed a firearm in accordance with an authorization or licence issued to the person as the result of an order made under subsection 113(1).

  • 1995, c. 39, s. 139.

Limitations on Access

Marginal note:Application for order
  •  (1) A peace officer, firearms officer or chief firearms officer may apply to a provincial court judge for an order under this section where the peace officer, firearms officer or chief firearms officer believes on reasonable grounds that

    • (a) the person against whom the order is sought cohabits with, or is an associate of, another person who is prohibited by any order made under this Act or any other Act of Parliament from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things; and

    • (b) the other person would or might have access to any such thing that is in the possession of the person against whom the order is sought.

  • Marginal note:Date for hearing and notice

    (2) On receipt of an application made under subsection (1), the provincial court judge shall fix a date for the hearing of the application and direct that notice of the hearing be given, in such manner as the provincial court judge may specify, to the person against whom the order is sought.

  • Marginal note:Hearing of application

    (3) Subject to subsection (4), at the hearing of an application made under subsection (1), the provincial court judge shall hear all relevant evidence presented by or on behalf of the applicant and the person against whom the order is sought.

  • Marginal note:Where hearing may proceed ex parte

    (4) A provincial court judge may proceed ex parte to hear and determine an application made under subsection (1) in the absence of the person against whom the order is sought in the same circumstances as those in which a summary conviction court may, under Part XXVII, proceed with a trial in the absence of the defendant.

  • Marginal note:Order

    (5) Where, at the conclusion of a hearing of an application made under subsection (1), the provincial court judge is satisfied that the circumstances referred to in that subsection exist, the provincial court judge shall make an order in respect of the person against whom the order was sought imposing such terms and conditions on the person’s use and possession of anything referred to in subsection (1) as the provincial court judge considers appropriate.

  • Marginal note:Terms and conditions

    (6) In determining terms and conditions under subsection (5), the provincial court judge shall impose terms and conditions that are the least intrusive as possible, bearing in mind the purpose of the order.

  • Marginal note:Appeal by person or Attorney General

    (7) Where a provincial court judge makes an order under subsection (5), the person to whom the order relates, or the Attorney General, may appeal to the superior court against the order.

  • Marginal note:Appeal by Attorney General

    (8) Where a provincial court judge does not make an order under subsection (5), the Attorney General may appeal to the superior court against the decision not to make an order.

  • Marginal note:Application of Part XXVII to appeals

    (9) The provisions of Part XXVII, except sections 785 to 812, 816 to 819 and 829 to 838, apply in respect of an appeal made under subsection (7) or (8), with such modifications as the circumstances require and as if each reference in that Part to the appeal court were a reference to the superior court.

  • 1995, c. 39, s. 139.
Marginal note:Revocation of order under s. 117.011

 A provincial court judge may, on application by the person against whom an order is made under subsection 117.011(5), revoke the order if satisfied that the circumstances for which it was made have ceased to exist.

  • 1995, c. 39, s. 139.

Search and Seizure

Marginal note:Search and seizure without warrant where offence committed
  •  (1) Where a peace officer believes on reasonable grounds

    • (a) that a weapon, an imitation firearm, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance was used in the commission of an offence, or

    • (b) that an offence is being committed, or has been committed, under any provision of this Act that involves, or the subject-matter of which is, a firearm, an imitation firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance,

    and evidence of the offence is likely to be found on a person, in a vehicle or in any place or premises other than a dwelling-house, the peace officer may, where the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be practicable to obtain a warrant, search, without warrant, the person, vehicle, place or premises, and seize any thing by means of or in relation to which that peace officer believes on reasonable grounds the offence is being committed or has been committed.

  • Marginal note:Disposition of seized things

    (2) Any thing seized pursuant to subsection (1) shall be dealt with in accordance with sections 490 and 491.

  • 1995, c. 39, s. 139.
Marginal note:Seizure on failure to produce authorization
  •  (1) Notwithstanding section 117.02, a peace officer who finds

    • (a) a person in possession of a firearm who fails, on demand, to produce, for inspection by the peace officer, an authorization or a licence under which the person may lawfully possess the firearm and a registration certificate for the firearm, or

    • (b) a person in possession of a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition who fails, on demand, to produce, for inspection by the peace officer, an authorization or a licence under which the person may lawfully possess it,

    may seize the firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition unless its possession by the person in the circumstances in which it is found is authorized by any provision of this Part, or the person is under the direct and immediate supervision of another person who may lawfully possess it.

  • Marginal note:Return of seized thing on production of authorization

    (2) Where a person from whom any thing is seized pursuant to subsection (1) claims the thing within fourteen days after the seizure and produces for inspection by the peace officer by whom it was seized, or any other peace officer having custody of it,

    • (a) an authorization or a licence under which the person is lawfully entitled to possess it, and

    • (b) in the case of a firearm, a registration certificate for the firearm,

    the thing shall forthwith be returned to that person.

  • Marginal note:Forfeiture of seized thing

    (3) Where any thing seized pursuant to subsection (1) is not claimed and returned as and when provided by subsection (2), a peace officer shall forthwith take the thing before a provincial court judge, who may, after affording the person from whom it was seized or its owner, if known, an opportunity to establish that the person is lawfully entitled to possess it, declare it to be forfeited to Her Majesty, to be disposed of or otherwise dealt with as the Attorney General directs.

  • 1995, c. 39, s. 139.
Marginal note:Application for warrant to search and seize
  •  (1) Where, pursuant to an application made by a peace officer with respect to any person, a justice is satisfied by information on oath that there are reasonable grounds to believe that the person possesses a weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance in a building, receptacle or place and that it is not desirable in the interests of the safety of the person, or of any other person, for the person to possess the weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, the justice may issue a warrant authorizing a peace officer to search the building, receptacle or place and seize any such thing, and any authorization, licence or registration certificate relating to any such thing, that is held by or in the possession of the person.

  • Marginal note:Search and seizure without warrant

    (2) Where, with respect to any person, a peace officer is satisfied that there are reasonable grounds to believe that it is not desirable, in the interests of the safety of the person or any other person, for the person to possess any weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, the peace officer may, where the grounds for obtaining a warrant under subsection (1) exist but, by reason of a possible danger to the safety of that person or any other person, it would not be practicable to obtain a warrant, search for and seize any such thing, and any authorization, licence or registration certificate relating to any such thing, that is held by or in the possession of the person.

  • Marginal note:Return to justice

    (3) A peace officer who executes a warrant referred to in subsection (1) or who conducts a search without a warrant under subsection (2) shall forthwith make a return to the justice who issued the warrant or, if no warrant was issued, to a justice who might otherwise have issued a warrant, showing

    • (a) in the case of an execution of a warrant, the things or documents, if any, seized and the date of execution of the warrant; and

    • (b) in the case of a search conducted without a warrant, the grounds on which it was concluded that the peace officer was entitled to conduct the search, and the things or documents, if any, seized.

  • Marginal note:Authorizations, etc., revoked

    (4) Where a peace officer who seizes any thing under subsection (1) or (2) is unable at the time of the seizure to seize an authorization or a licence under which the person from whom the thing was seized may possess the thing and, in the case of a seized firearm, a registration certificate for the firearm, every authorization, licence and registration certificate held by the person is, as at the time of the seizure, revoked.

  • 1995, c. 39, s. 139;
  • 2004, c. 12, s. 3.
Marginal note:Application for disposition
  •  (1) Where any thing or document has been seized under subsection 117.04(1) or (2), the justice who issued the warrant authorizing the seizure or, if no warrant was issued, a justice who might otherwise have issued a warrant, shall, on application for an order for the disposition of the thing or document so seized made by a peace officer within thirty days after the date of execution of the warrant or of the seizure without a warrant, as the case may be, fix a date for the hearing of the application and direct that notice of the hearing be given to such persons or in such manner as the justice may specify.

  • Marginal note:Ex parte hearing

    (2) A justice may proceed ex parte to hear and determine an application made under subsection (1) in the absence of the person from whom the thing or document was seized in the same circumstances as those in which a summary conviction court may, under Part XXVII, proceed with a trial in the absence of the defendant.

  • Marginal note:Hearing of application

    (3) At the hearing of an application made under subsection (1), the justice shall hear all relevant evidence, including evidence respecting the value of the thing in respect of which the application was made.

  • Marginal note:Forfeiture and prohibition order on finding

    (4) Where, following the hearing of an application made under subsection (1), the justice finds that it is not desirable in the interests of the safety of the person from whom the thing was seized or of any other person that the person should possess any weapon, prohibited device, ammunition, prohibited ammunition and explosive substance, or any such thing, the justice shall

    • (a) order that any thing seized be forfeited to Her Majesty or be otherwise disposed of; and

    • (b) where the justice is satisfied that the circumstances warrant such an action, order that the possession by that person of any weapon, prohibited device, ammunition, prohibited ammunition and explosive substance, or of any such thing, be prohibited during any period, not exceeding five years, that is specified in the order, beginning on the making of the order.

  • Marginal note:Reasons

    (5) Where a justice does not make an order under subsection (4), or where a justice does make such an order but does not prohibit the possession of all of the things referred to in that subsection, the justice shall include in the record a statement of the justice’s reasons.

  • Marginal note:Application of ss. 113 to 117

    (6) Sections 113 to 117 apply in respect of every order made under subsection (4).

  • Marginal note:Appeal by person

    (7) Where a justice makes an order under subsection (4) in respect of a person, or in respect of any thing that was seized from a person, the person may appeal to the superior court against the order.

  • Marginal note:Appeal by Attorney General

    (8) Where a justice does not make a finding as described in subsection (4) following the hearing of an application under subsection (1), or makes the finding but does not make an order to the effect described in paragraph (4)(b), the Attorney General may appeal to the superior court against the failure to make the finding or to make an order to the effect so described.

  • Marginal note:Application of Part XXVII to appeals

    (9) The provisions of Part XXVII, except sections 785 to 812, 816 to 819 and 829 to 838, apply in respect of an appeal made under subsection (7) or (8) with such modifications as the circumstances require and as if each reference in that Part to the appeal court were a reference to the superior court.

  • 1995, c. 39, s. 139.
Marginal note:Where no finding or application
  •  (1) Any thing or document seized pursuant to subsection 117.04(1) or (2) shall be returned to the person from whom it was seized if

    • (a) no application is made under subsection 117.05(1) within thirty days after the date of execution of the warrant or of the seizure without a warrant, as the case may be; or

    • (b) an application is made under subsection 117.05(1) within the period referred to in paragraph (a), and the justice does not make a finding as described in subsection 117.05(4).

  • Marginal note:Restoration of authorizations

    (2) Where, pursuant to subsection (1), any thing is returned to the person from whom it was seized and an authorization, a licence or a registration certificate, as the case may be, is revoked pursuant to subsection 117.04(4), the justice referred to in paragraph (1)(b) may order that the revocation be reversed and that the authorization, licence or registration certificate be restored.

  • 1995, c. 39, s. 139.

Exempted Persons

Marginal note:Public officers
  •  (1) Notwithstanding any other provision of this Act, but subject to section 117.1, no public officer is guilty of an offence under this Act or the Firearms Act by reason only that the public officer

    • (a) possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any prohibited ammunition or an explosive substance in the course of or for the purpose of the public officer’s duties or employment;

    • (b) manufactures or transfers, or offers to manufacture or transfer, a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition in the course of the public officer’s duties or employment;

    • (c) exports or imports a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition in the course of the public officer’s duties or employment;

    • (d) exports or imports a component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm in the course of the public officer’s duties or employment;

    • (e) in the course of the public officer’s duties or employment, alters a firearm so that it is capable of, or manufactures or assembles any firearm with intent to produce a firearm that is capable of, discharging projectiles in rapid succession during one pressure of the trigger;

    • (f) fails to report the loss, theft or finding of any firearm, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance that occurs in the course of the public officer’s duties or employment or the destruction of any such thing in the course of the public officer’s duties or employment; or

    • (g) alters a serial number on a firearm in the course of the public officer’s duties or employment.

  • Definition of “public officer”

    (2) In this section, “public officer” means

    • (a) a peace officer;

    • (b) a member of the Canadian Forces or of the armed forces of a state other than Canada who is attached or seconded to any of the Canadian Forces;

    • (c) an operator of a museum established by the Chief of the Defence Staff or a person employed in any such museum;

    • (d) a member of a cadet organization under the control and supervision of the Canadian Forces;

    • (e) a person training to become a police officer or a peace officer under the control and supervision of

      • (i) a police force, or

      • (ii) a police academy or similar institution designated by the Attorney General of Canada or the lieutenant governor in council of a province;

    • (f) a member of a visiting force, within the meaning of section 2 of the Visiting Forces Act, who is authorized under paragraph 14(a) of that Act to possess and carry explosives, ammunition and firearms;

    • (g) a person, or member of a class of persons, employed in the federal public administration or by the government of a province or municipality who is prescribed to be a public officer; or

    • (h) the Commissioner of Firearms, the Registrar, a chief firearms officer, any firearms officer and any person designated under section 100 of the Firearms Act.

  • 1995, c. 39, s. 139;
  • 2003, c. 8, s. 7, c. 22, s. 224(E).
Marginal note:Individuals acting for police force, Canadian Forces and visiting forces

 Notwithstanding any other provision of this Act, but subject to section 117.1, no individual is guilty of an offence under this Act or the Firearms Act by reason only that the individual

  • (a) possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any prohibited ammunition or an explosive substance,

  • (b) manufactures or transfers, or offers to manufacture or transfer, a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition,

  • (c) exports or imports a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition,

  • (d) exports or imports a component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm,

  • (e) alters a firearm so that it is capable of, or manufactures or assembles any firearm with intent to produce a firearm that is capable of, discharging projectiles in rapid succession during one pressure of the trigger,

  • (f) fails to report the loss, theft or finding of any firearm, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance or the destruction of any such thing, or

  • (g) alters a serial number on a firearm,

if the individual does so on behalf of, and under the authority of, a police force, the Canadian Forces, a visiting force, within the meaning of section 2 of the Visiting Forces Act, or a department of the Government of Canada or of a province.

  • 1995, c. 39, s. 139.
Marginal note:Employees of business with licence
  •  (1) Notwithstanding any other provision of this Act, but subject to section 117.1, no individual who is the holder of a licence to possess and acquire restricted firearms and who is employed by a business as defined in subsection 2(1) of the Firearms Act that itself is the holder of a licence that authorizes the business to carry out specified activities in relation to prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition is guilty of an offence under this Act or the Firearms Act by reason only that the individual, in the course of the individual’s duties or employment in relation to those specified activities,

    • (a) possesses a prohibited firearm, a prohibited weapon, a prohibited device or any prohibited ammunition;

    • (b) manufactures or transfers, or offers to manufacture or transfer, a prohibited weapon, a prohibited device or any prohibited ammunition;

    • (c) alters a firearm so that it is capable of, or manufactures or assembles any firearm with intent to produce a firearm that is capable of, discharging projectiles in rapid succession during one pressure of the trigger; or

    • (d) alters a serial number on a firearm.

  • Marginal note:Employees of business with licence

    (2) Notwithstanding any other provision of this Act, but subject to section 117.1, no individual who is employed by a business as defined in subsection 2(1) of the Firearms Act that itself is the holder of a licence is guilty of an offence under this Act or the Firearms Act by reason only that the individual, in the course of the individual’s duties or employment, possesses, manufactures or transfers, or offers to manufacture or transfer, a partially manufactured barrelled weapon that, in its unfinished state, is not a barrelled weapon from which any shot, bullet or other projectile can be discharged and that is capable of causing serious bodily injury or death to a person.

  • Marginal note:Employees of carriers

    (3) Notwithstanding any other provision of this Act, but subject to section 117.1, no individual who is employed by a carrier, as defined in subsection 2(1) of the Firearms Act, is guilty of an offence under this Act or that Act by reason only that the individual, in the course of the individual’s duties or employment, possesses any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition or prohibited ammunition or transfers, or offers to transfer any such thing.

  • Marginal note:Employees of museums handling functioning imitation antique firearm

    (4) Notwithstanding any other provision of this Act, but subject to section 117.1, no individual who is employed by a museum as defined in subsection 2(1) of the Firearms Act that itself is the holder of a licence is guilty of an offence under this Act or the Firearms Act by reason only that the individual, in the course of the individual’s duties or employment, possesses or transfers a firearm that is designed or intended to exactly resemble, or to resemble with near precision, an antique firearm if the individual has been trained to handle and use such a firearm.

  • Marginal note:Employees of museums handling firearms generally

    (5) Notwithstanding any other provision of this Act, but subject to section 117.1, no individual who is employed by a museum as defined in subsection 2(1) of the Firearms Act that itself is the holder of a licence is guilty of an offence under this Act or the Firearms Act by reason only that the individual possesses or transfers a firearm in the course of the individual’s duties or employment if the individual is designated, by name, by a provincial minister within the meaning of subsection 2(1) of the Firearms Act.

  • Marginal note:Public safety

    (6) A provincial minister shall not designate an individual for the purpose of subsection (5) where it is not desirable, in the interests of the safety of any person, to designate the individual.

  • Marginal note:Conditions

    (7) A provincial minister may attach to a designation referred to in subsection (5) any reasonable condition that the provincial minister considers desirable in the particular circumstances and in the interests of the safety of any person.

  • 1995, c. 39, s. 139.
Marginal note:Restriction

 Sections 117.07 to 117.09 do not apply if the public officer or the individual is subject to a prohibition order and acts contrary to that order or to an authorization or a licence issued under the authority of an order made under subsection 113(1).

  • 1995, c. 39, s. 139.

General

Marginal note:Onus on the accused

 Where, in any proceedings for an offence under any of sections 89, 90, 91, 93, 97, 101, 104 and 105, any question arises as to whether a person is the holder of an authorization, a licence or a registration certificate, the onus is on the accused to prove that the person is the holder of the authorization, licence or registration certificate.

  • 1995, c. 39, s. 139.
Marginal note:Authorizations, etc., as evidence
  •  (1) In any proceedings under this Act or any other Act of Parliament, a document purporting to be an authorization, a licence or a registration certificate is evidence of the statements contained therein.

  • Marginal note:Certified copies

    (2) In any proceedings under this Act or any other Act of Parliament, a copy of any authorization, licence or registration certificate is, if certified as a true copy by the Registrar or a chief firearms officer, admissible in evidence and, in the absence of evidence to the contrary, has the same probative force as the authorization, licence or registration certificate would have had if it had been proved in the ordinary way.

  • 1995, c. 39, s. 139.
Marginal note:Certificate of analyst
  •  (1) A certificate purporting to be signed by an analyst stating that the analyst has analyzed any weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or any part or component of such a thing, and stating the results of the analysis is evidence in any proceedings in relation to any of those things under this Act or under section 19 of the Export and Import Permits Act in relation to subsection 15(2) of that Act without proof of the signature or official character of the person appearing to have signed the certificate.

  • Marginal note:Attendance of analyst

    (2) The party against whom a certificate of an analyst is produced may, with leave of the court, require the attendance of the analyst for the purposes of cross-examination.

  • Marginal note:Notice of intention to produce certificate

    (3) No certificate of an analyst may be admitted in evidence unless the party intending to produce it has, before the trial, given to the party against whom it is intended to be produced reasonable notice of that intention together with a copy of the certificate.

  • (4) and (5) [Repealed, 2008, c. 18, s. 2]

  • 1995, c. 39, s. 139;
  • 2008, c. 18, s. 2.
Marginal note:Amnesty period
  •  (1) The Governor in Council may, by order, declare for any purpose referred to in subsection (2) any period as an amnesty period with respect to any weapon, prohibited device, prohibited ammunition, explosive substance or component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm.

  • Marginal note:Purposes of amnesty period

    (2) An order made under subsection (1) may declare an amnesty period for the purpose of

    • (a) permitting any person in possession of any thing to which the order relates to do anything provided in the order, including, without restricting the generality of the foregoing, delivering the thing to a peace officer, a firearms officer or a chief firearms officer, registering it, destroying it or otherwise disposing of it; or

    • (b) permitting alterations to be made to any prohibited firearm, prohibited weapon, prohibited device or prohibited ammunition to which the order relates so that it no longer qualifies as a prohibited firearm, a prohibited weapon, a prohibited device or prohibited ammunition, as the case may be.

  • Marginal note:Reliance on amnesty period

    (3) No person who, during an amnesty period declared by an order made under subsection (1) and for a purpose described in the order, does anything provided for in the order, is, by reason only of the fact that the person did that thing, guilty of an offence under this Part.

  • Marginal note:Proceedings are a nullity

    (4) Any proceedings taken under this Part against any person for anything done by the person in reliance of this section are a nullity.

  • 1995, c. 39, s. 139.
Marginal note:Regulations
  •  (1) Subject to subsection (2), the Governor in Council may make regulations prescribing anything that by this Part is to be or may be prescribed.

  • Marginal note:Restriction

    (2) In making regulations, the Governor in Council may not prescribe any thing to be a prohibited firearm, a restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or prohibited ammunition if, in the opinion of the Governor in Council, the thing to be prescribed is reasonable for use in Canada for hunting or sporting purposes.

  • 1995, c. 39, s. 139.

PART IVOFFENCES AGAINST THE ADMINISTRATION OF LAW AND JUSTICE

Interpretation

Marginal note:Definitions

 In this Part,

“evidence” or “statement”

« témoignage », « déposition » ou « déclaration »

“evidence” or “statement” means an assertion of fact, opinion, belief or knowledge, whether material or not and whether admissible or not;

“government”

« gouvernement »

“government” means

  • (a) the Government of Canada,

  • (b) the government of a province, or

  • (c) Her Majesty in right of Canada or a province;

“judicial proceeding”

« procédure judiciaire »

“judicial proceeding” means a proceeding

  • (a) in or under the authority of a court of justice,

  • (b) before the Senate or House of Commons or a committee of the Senate or House of Commons, or before a legislative council, legislative assembly or house of assembly or a committee thereof that is authorized by law to administer an oath,

  • (c) before a court, judge, justice, provincial court judge or coroner,

  • (d) before an arbitrator or umpire, or a person or body of persons authorized by law to make an inquiry and take evidence therein under oath, or

  • (e) before a tribunal by which a legal right or legal liability may be established,

whether or not the proceeding is invalid for want of jurisdiction or for any other reason;

“office”

« charge » ou « emploi »

“office” includes

  • (a) an office or appointment under the government,

  • (b) a civil or military commission, and

  • (c) a position or an employment in a public department;

“official”

« fonctionnaire »

“official” means a person who

  • (a) holds an office, or

  • (b) is appointed or elected to discharge a public duty;

“witness”

« témoin »

“witness” means a person who gives evidence orally under oath or by affidavit in a judicial proceeding, whether or not he is competent to be a witness, and includes a child of tender years who gives evidence but does not give it under oath, because, in the opinion of the person presiding, the child does not understand the nature of an oath.

  • R.S., 1985, c. C-46, s. 118;
  • R.S., 1985, c. 27 (1st Supp.), ss. 15, 203;
  • 2007, c. 13, s. 2.

Corruption and Disobedience

Marginal note:Bribery of judicial officers, etc.
  •  (1) Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years who

    • (a) being the holder of a judicial office, or being a member of Parliament or of the legislature of a province, directly or indirectly, corruptly accepts, obtains, agrees to accept or attempts to obtain, for themselves or another person, any money, valuable consideration, office, place or employment in respect of anything done or omitted or to be done or omitted by them in their official capacity, or

    • (b) directly or indirectly, corruptly gives or offers to a person mentioned in paragraph (a), or to anyone for the benefit of that person, any money, valuable consideration, office, place or employment in respect of anything done or omitted or to be done or omitted by that person in their official capacity.

  • Marginal note:Consent of Attorney General

    (2) No proceedings against a person who holds a judicial office shall be instituted under this section without the consent in writing of the Attorney General of Canada.

  • R.S., 1985, c. C-46, s. 119;
  • 2007, c. 13, s. 3.
Marginal note:Bribery of officers

 Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years who

  • (a) being a justice, police commissioner, peace officer, public officer or officer of a juvenile court, or being employed in the administration of criminal law, directly or indirectly, corruptly accepts, obtains, agrees to accept or attempts to obtain, for themselves or another person, any money, valuable consideration, office, place or employment with intent

    • (i) to interfere with the administration of justice,

    • (ii) to procure or facilitate the commission of an offence, or

    • (iii) to protect from detection or punishment a person who has committed or who intends to commit an offence; or

  • (b) directly or indirectly, corruptly gives or offers to a person mentioned in paragraph (a), or to anyone for the benefit of that person, any money, valuable consideration, office, place or employment with intent that the person should do anything mentioned in subparagraph (a)(i), (ii) or (iii).

  • R.S., 1985, c. C-46, s. 120;
  • 2007, c. 13, s. 4.
Marginal note:Frauds on the government
  •  (1) Every one commits an offence who

    • (a) directly or indirectly

      • (i) gives, offers or agrees to give or offer to an official or to any member of his family, or to any one for the benefit of an official, or

      • (ii) being an official, demands, accepts or offers or agrees to accept from any person for himself or another person,

      a loan, reward, advantage or benefit of any kind as consideration for cooperation, assistance, exercise of influence or an act or omission in connection with

      • (iii) the transaction of business with or any matter of business relating to the government, or

      • (iv) a claim against Her Majesty or any benefit that Her Majesty is authorized or is entitled to bestow,

      whether or not, in fact, the official is able to cooperate, render assistance, exercise influence or do or omit to do what is proposed, as the case may be;

    • (b) having dealings of any kind with the government, directly or indirectly pays a commission or reward to or confers an advantage or benefit of any kind on an employee or official of the government with which the dealings take place, or to any member of the employee’s or official’s family, or to anyone for the benefit of the employee or official, with respect to those dealings, unless the person has the consent in writing of the head of the branch of government with which the dealings take place;

    • (c) being an official or employee of the government, directly or indirectly demands, accepts or offers or agrees to accept from a person who has dealings with the government a commission, reward, advantage or benefit of any kind for themselves or another person, unless they have the consent in writing of the head of the branch of government that employs them or of which they are an official;

    • (d) having or pretending to have influence with the government or with a minister of the government or an official, directly or indirectly demands, accepts or offers or agrees to accept, for themselves or another person, a reward, advantage or benefit of any kind as consideration for cooperation, assistance, exercise of influence or an act or omission in connection with

      • (i) anything mentioned in subparagraph (a)(iii) or (iv), or

      • (ii) the appointment of any person, including themselves, to an office;

    • (e) directly or indirectly gives or offers, or agrees to give or offer, to a minister of the government or an official, or to anyone for the benefit of a minister or an official, a reward, advantage or benefit of any kind as consideration for cooperation, assistance, exercise of influence, or an act or omission, by that minister or official, in connection with

      • (i) anything mentioned in subparagraph (a)(iii) or (iv), or

      • (ii) the appointment of any person, including themselves, to an office; or

    • (f) having made a tender to obtain a contract with the government,

      • (i) directly or indirectly gives or offers, or agrees to give or offer, to another person who has made a tender, to a member of that person’s family or to another person for the benefit of that person, a reward, advantage or benefit of any kind as consideration for the withdrawal of the tender of that person, or

      • (ii) directly or indirectly demands, accepts or offers or agrees to accept from another person who has made a tender a reward, advantage or benefit of any kind for themselves or another person as consideration for the withdrawal of their own tender.

  • Marginal note:Contractor subscribing to election fund

    (2) Every one commits an offence who, in order to obtain or retain a contract with the government, or as a term of any such contract, whether express or implied, directly or indirectly subscribes or gives, or agrees to subscribe or give, to any person any valuable consideration

    • (a) for the purpose of promoting the election of a candidate or a class or party of candidates to Parliament or the legislature of a province; or

    • (b) with intent to influence or affect in any way the result of an election conducted for the purpose of electing persons to serve in Parliament or the legislature of a province.

  • Marginal note:Punishment

    (3) Every one who commits an offence under this section is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

  • R.S., 1985, c. C-46, s. 121;
  • 2007, c. 13, s. 5.
Marginal note:Breach of trust by public officer

 Every official who, in connection with the duties of his office, commits fraud or a breach of trust is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years, whether or not the fraud or breach of trust would be an offence if it were committed in relation to a private person.

  • R.S., c. C-34, s. 111.
Marginal note:Municipal corruption
  •  (1) Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years who directly or indirectly gives, offers or agrees to give or offer to a municipal official or to anyone for the benefit of a municipal official — or, being a municipal official, directly or indirectly demands, accepts or offers or agrees to accept from any person for themselves or another person — a loan, reward, advantage or benefit of any kind as consideration for the official

    • (a) to abstain from voting at a meeting of the municipal council or a committee of the council;

    • (b) to vote in favour of or against a measure, motion or resolution;

    • (c) to aid in procuring or preventing the adoption of a measure, motion or resolution; or

    • (d) to perform or fail to perform an official act.

  • Marginal note:Influencing municipal official

    (2) Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years who influences or attempts to influence a municipal official to do anything mentioned in paragraphs (1)(a) to (d) by

    • (a) suppression of the truth, in the case of a person who is under a duty to disclose the truth;

    • (b) threats or deceit; or

    • (c) any unlawful means.

  • Definition of “municipal official”

    (3) In this section, “municipal official” means a member of a municipal council or a person who holds an office under a municipal government.

  • R.S., 1985, c. C-46, s. 123;
  • R.S., 1985, c. 27 (1st Supp.), s. 16;
  • 2007, c. 13, s. 6.
Marginal note:Selling or purchasing office

 Every one who

  • (a) purports to sell or agrees to sell an appointment to or a resignation from an office, or a consent to any such appointment or resignation, or receives or agrees to receive a reward or profit from the purported sale thereof, or

  • (b) purports to purchase or gives a reward or profit for the purported purchase of any such appointment, resignation or consent, or agrees or promises to do so,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

  • R.S., c. C-34, s. 113.
Marginal note:Influencing or negotiating appointments or dealing in offices

 Every one who

  • (a) receives, agrees to receive, gives or procures to be given, directly or indirectly, a reward, advantage or benefit of any kind as consideration for cooperation, assistance or exercise of influence to secure the appointment of any person to an office,

  • (b) solicits, recommends or negotiates in any manner with respect to an appointment to or resignation from an office, in expectation of a direct or indirect reward, advantage or benefit, or

  • (c) keeps without lawful authority, the proof of which lies on him, a place for transacting or negotiating any business relating to

    • (i) the filling of vacancies in offices,

    • (ii) the sale or purchase of offices, or

    • (iii) appointments to or resignations from offices,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

  • R.S., c. C-34, s. 114.
Marginal note:Disobeying a statute
  •  (1) Every one who, without lawful excuse, contravenes an Act of Parliament by wilfully doing anything that it forbids or by wilfully omitting to do anything that it requires to be done is, unless a punishment is expressly provided by law, guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

  • Marginal note:Attorney General of Canada may act

    (2) Any proceedings in respect of a contravention of or conspiracy to contravene an Act mentioned in subsection (1), other than this Act, may be instituted at the instance of the Government of Canada and conducted by or on behalf of that Government.

  • R.S., 1985, c. C-46, s. 126;
  • R.S., 1985, c. 27 (1st Supp.), s. 185(F).
Marginal note:Disobeying order of court
  •  (1) Every one who, without lawful excuse, disobeys a lawful order made by a court of justice or by a person or body of persons authorized by any Act to make or give the order, other than an order for the payment of money, is, unless a punishment or other mode of proceeding is expressly provided by law, guilty of

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

    • (b) an offence punishable on summary conviction.

  • Marginal note:Attorney General of Canada may act

    (2) Where the order referred to in subsection (1) was made in proceedings instituted at the instance of the Government of Canada and conducted by or on behalf of that Government, any proceedings in respect of a contravention of or conspiracy to contravene that order may be instituted and conducted in like manner.

  • R.S., 1985, c. C-46, s. 127;
  • R.S., 1985, c. 27 (1st Supp.), s. 185(F);
  • 2005, c. 32, s. 1.
Marginal note:Misconduct of officers executing process

 Every peace officer or coroner who, being entrusted with the execution of a process, wilfully

  • (a) misconducts himself in the execution of the process, or

  • (b) makes a false return to the process,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

  • R.S., c. C-34, s. 117.
Marginal note:Offences relating to public or peace officer

 Every one who

  • (a) resists or wilfully obstructs a public officer or peace officer in the execution of his duty or any person lawfully acting in aid of such an officer,

  • (b) omits, without reasonable excuse, to assist a public officer or peace officer in the execution of his duty in arresting a person or in preserving the peace, after having reasonable notice that he is required to do so, or

  • (c) resists or wilfully obstructs any person in the lawful execution of a process against lands or goods or in making a lawful distress or seizure,

is guilty of

  • (d) an indictable offence and is liable to imprisonment for a term not exceeding two years, or

  • (e) an offence punishable on summary conviction.

  • R.S., c. C-34, s. 118;
  • 1972, c. 13, s. 7.
Marginal note:Personating peace officer
  •  (1) Everyone commits an offence who

    • (a) falsely represents himself to be a peace officer or a public officer; or

    • (b) not being a peace officer or public officer, uses a badge or article of uniform or equipment in a manner that is likely to cause persons to believe that he is a peace officer or a public officer, as the case may be.

  • Marginal note:Punishment

    (2) Everyone who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 130;
  • 2009, c. 28, s. 2.

Misleading Justice

Marginal note:Perjury
  •  (1) Subject to subsection (3), every one commits perjury who, with intent to mislead, makes before a person who is authorized by law to permit it to be made before him a false statement under oath or solemn affirmation, by affidavit, solemn declaration or deposition or orally, knowing that the statement is false.

  • Marginal note:Video links, etc.

    (1.1) Subject to subsection (3), every person who gives evidence under subsection 46(2) of the Canada Evidence Act, or gives evidence or a statement pursuant to an order made under section 22.2 of the Mutual Legal Assistance in Criminal Matters Act, commits perjury who, with intent to mislead, makes a false statement knowing that it is false, whether or not the false statement was made under oath or solemn affirmation in accordance with subsection (1), so long as the false statement was made in accordance with any formalities required by the law of the place outside Canada in which the person is virtually present or heard.

  • Marginal note:Idem

    (2) Subsection (1) applies, whether or not a statement referred to in that subsection is made in a judicial proceeding.

  • Marginal note:Application

    (3) Subsections (1) and (1.1) do not apply to a statement referred to in either of those subsections that is made by a person who is not specially permitted, authorized or required by law to make that statement.

  • R.S., 1985, c. C-46, s. 131;
  • R.S., 1985, c. 27 (1st Supp.), s. 17;
  • 1999, c. 18, s. 92.
Marginal note:Punishment

 Every one who commits perjury is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • R.S., 1985, c. C-46, s. 132;
  • R.S., 1985, c. 27 (1st Supp.), s. 17;
  • 1998, c. 35, s. 119.
Marginal note:Corroboration

 No person shall be convicted of an offence under section 132 on the evidence of only one witness unless the evidence of that witness is corroborated in a material particular by evidence that implicates the accused.

  • R.S., 1985, c. C-46, s. 133;
  • R.S., 1985, c. 27 (1st Supp.), s. 17.
Marginal note:Idem
  •  (1) Subject to subsection (2), every one who, not being specially permitted, authorized or required by law to make a statement under oath or solemn affirmation, makes such a statement, by affidavit, solemn declaration or deposition or orally before a person who is authorized by law to permit it to be made before him, knowing that the statement is false, is guilty of an offence punishable on summary conviction.

  • Marginal note:Application

    (2) Subsection (1) does not apply to a statement referred to in that subsection that is made in the course of a criminal investigation.

  • R.S., 1985, c. C-46, s. 134;
  • R.S., 1985, c. 27 (1st Supp.), s. 17.

 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 17]

Marginal note:Witness giving contradictory evidence
  •  (1) Every one who, being a witness in a judicial proceeding, gives evidence with respect to any matter of fact or knowledge and who subsequently, in a judicial proceeding, gives evidence that is contrary to his previous evidence is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years, whether or not the prior or later evidence or either is true, but no person shall be convicted under this section unless the court, judge or provincial court judge, as the case may be, is satisfied beyond a reasonable doubt that the accused, in giving evidence in either of the judicial proceedings, intended to mislead.

  • Marginal note:Evidence in specific cases

    (1.1) Evidence given under section 714.1, 714.2, 714.3 or 714.4 or under subsection 46(2) of the Canada Evidence Act or evidence or a statement given pursuant to an order made under section 22.2 of the Mutual Legal Assistance in Criminal Matters Act is deemed to be evidence given by a witness in a judicial proceeding for the purposes of subsection (1).

  • Definition of “evidence”

    (2) Notwithstanding the definition “evidence” in section 118, “evidence”, for the purposes of this section, does not include evidence that is not material.

  • Marginal note:Proof of former trial

    (2.1) Where a person is charged with an offence under this section, a certificate specifying with reasonable particularity the proceeding in which that person is alleged to have given the evidence in respect of which the offence is charged, is evidence that it was given in a judicial proceeding, without proof of the signature or official character of the person by whom the certificate purports to be signed if it purports to be signed by the clerk of the court or other official having the custody of the record of that proceeding or by his lawful deputy.

  • Marginal note:Consent required

    (3) No proceedings shall be instituted under this section without the consent of the Attorney General.

  • R.S., 1985, c. C-46, s. 136;
  • R.S., 1985, c. 27 (1st Supp.), ss. 18, 203;
  • 1999, c. 18, s. 93.
Marginal note:Fabricating evidence

 Every one who, with intent to mislead, fabricates anything with intent that it shall be used as evidence in a judicial proceeding, existing or proposed, by any means other than perjury or incitement to perjury is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • R.S., c. C-34, s. 125.
Marginal note:Offences relating to affidavits

 Every one who

  • (a) signs a writing that purports to be an affidavit or statutory declaration and to have been sworn or declared before him when the writing was not so sworn or declared or when he knows that he has no authority to administer the oath or declaration,

  • (b) uses or offers for use any writing purporting to be an affidavit or statutory declaration that he knows was not sworn or declared, as the case may be, by the affiant or declarant or before a person authorized in that behalf, or

  • (c) signs as affiant or declarant a writing that purports to be an affidavit or statutory declaration and to have been sworn or declared by him, as the case may be, when the writing was not so sworn or declared,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

  • R.S., c. C-34, s. 126.
Marginal note:Obstructing justice
  •  (1) Every one who wilfully attempts in any manner to obstruct, pervert or defeat the course of justice in a judicial proceeding,

    • (a) by indemnifying or agreeing to indemnify a surety, in any way and either in whole or in part, or

    • (b) where he is a surety, by accepting or agreeing to accept a fee or any form of indemnity whether in whole or in part from or in respect of a person who is released or is to be released from custody,

    is guilty of

    • (c) an indictable offence and is liable to imprisonment for a term not exceeding two years, or

    • (d) an offence punishable on summary conviction.

  • Marginal note:Idem

    (2) Every one who wilfully attempts in any manner other than a manner described in subsection (1) to obstruct, pervert or defeat the course of justice is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

  • Marginal note:Idem

    (3) Without restricting the generality of subsection (2), every one shall be deemed wilfully to attempt to obstruct, pervert or defeat the course of justice who in a judicial proceeding, existing or proposed,

    • (a) dissuades or attempts to dissuade a person by threats, bribes or other corrupt means from giving evidence;

    • (b) influences or attempts to influence by threats, bribes or other corrupt means a person in his conduct as a juror; or

    • (c) accepts or obtains, agrees to accept or attempts to obtain a bribe or other corrupt consideration to abstain from giving evidence, or to do or to refrain from doing anything as a juror.

  • R.S., c. C-34, s. 127;
  • R.S., c. 2(2nd Supp.), s. 3;
  • 1972, c. 13, s. 8.
Marginal note:Public mischief
  •  (1) Every one commits public mischief who, with intent to mislead, causes a peace officer to enter on or continue an investigation by

    • (a) making a false statement that accuses some other person of having committed an offence;

    • (b) doing anything intended to cause some other person to be suspected of having committed an offence that the other person has not committed, or to divert suspicion from himself;

    • (c) reporting that an offence has been committed when it has not been committed; or

    • (d) reporting or in any other way making it known or causing it to be made known that he or some other person has died when he or that other person has not died.

  • Marginal note:Punishment

    (2) Every one who commits public mischief

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 140;
  • R.S., 1985, c. 27 (1st Supp.), s. 19.
Marginal note:Compounding indictable offence
  •  (1) Every one who asks for or obtains or agrees to receive or obtain any valuable consideration for himself or any other person by agreeing to compound or conceal an indictable offence is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

  • Marginal note:Exception for diversion agreements

    (2) No offence is committed under subsection (1) where valuable consideration is received or obtained or is to be received or obtained under an agreement for compensation or restitution or personal services that is

    • (a) entered into with the consent of the Attorney General; or

    • (b) made as part of a program, approved by the Attorney General, to divert persons charged with indictable offences from criminal proceedings.

  • R.S., 1985, c. C-46, s. 141;
  • R.S., 1985, c. 27 (1st Supp.), s. 19.
Marginal note:Corruptly taking reward for recovery of goods

 Every one who corruptly accepts any valuable consideration, directly or indirectly, under pretence or on account of helping any person to recover anything obtained by the commission of an indictable offence is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

  • R.S., c. C-34, s. 130.
Marginal note:Advertising reward and immunity

 Every one who

  • (a) publicly advertises a reward for the return of anything that has been stolen or lost, and in the advertisement uses words to indicate that no questions will be asked if it is returned,

  • (b) uses words in a public advertisement to indicate that a reward will be given or paid for anything that has been stolen or lost, without interference with or inquiry about the person who produces it,

  • (c) promises or offers in a public advertisement to return to a person who has advanced money by way of loan on, or has bought, anything that has been stolen or lost, the money so advanced or paid, or any other sum of money for the return of that thing, or

  • (d) prints or publishes any advertisement referred to in paragraph (a), (b) or (c),

is guilty of an offence punishable on summary conviction.

  • R.S., c. C-34, s. 131.

Escapes and Rescues

Marginal note:Prison breach

 Every one who

  • (a) by force or violence breaks a prison with intent to set at liberty himself or any other person confined therein, or

  • (b) with intent to escape forcibly breaks out of, or makes any breach in, a cell or other place within a prison in which he is confined,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

  • R.S., c. C-34, s. 132;
  • 1976-77, c. 53, s. 5.
Marginal note:Escape and being at large without excuse
  •  (1) Every one who

    • (a) escapes from lawful custody, or

    • (b) is, before the expiration of a term of imprisonment to which he was sentenced, at large in or out of Canada without lawful excuse, the proof of which lies on him,

    is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years or is guilty of an offence punishable on summary conviction.

  • Marginal note:Failure to attend court

    (2) Every one who,

    • (a) being at large on his undertaking or recognizance given to or entered into before a justice or judge, fails, without lawful excuse, the proof of which lies on him, to attend court in accordance with the undertaking or recognizance, or

    • (b) having appeared before a court, justice or judge, fails, without lawful excuse, the proof of which lies on him, to attend court as thereafter required by the court, justice or judge,

    or to surrender himself in accordance with an order of the court, justice or judge, as the case may be, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years or is guilty of an offence punishable on summary conviction.

  • Marginal note:Failure to comply with condition of undertaking or recognizance

    (3) Every person who is at large on an undertaking or recognizance given to or entered into before a justice or judge and is bound to comply with a condition of that undertaking or recognizance, and every person who is bound to comply with a direction under subsection 515(12) or 522(2.1) or an order under subsection 516(2), and who fails, without lawful excuse, the proof of which lies on them, to comply with the condition, direction or order is guilty of

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

    • (b) an offence punishable on summary conviction.

  • Marginal note:Failure to appear or to comply with summons

    (4) Every one who is served with a summons and who fails, without lawful excuse, the proof of which lies on him, to appear at a time and place stated therein, if any, for the purposes of the Identification of Criminals Act or to attend court in accordance therewith, is guilty of

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

    • (b) an offence punishable on summary conviction.

  • Marginal note:Failure to comply with appearance notice or promise to appear

    (5) Every person who is named in an appearance notice or promise to appear, or in a recognizance entered into before an officer in charge or another peace officer, that has been confirmed by a justice under section 508 and who fails, without lawful excuse, the proof of which lies on the person, to appear at the time and place stated therein, if any, for the purposes of the Identification of Criminals Act, or to attend court in accordance therewith, is guilty of

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

    • (b) an offence punishable on summary conviction.

  • Marginal note:Failure to comply with conditions of undertaking

    (5.1) Every person who, without lawful excuse, the proof of which lies on the person, fails to comply with any condition of an undertaking entered into pursuant to subsection 499(2) or 503(2.1)

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

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Idem

    (6) For the purposes of subsection (5), it is not a lawful excuse that an appearance notice, promise to appear or recognizance states defectively the substance of the alleged offence.

  • (7) [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 20]

  • Marginal note:Election of Crown under Contraventions Act

    (8) For the purposes of subsections (3) to (5), it is a lawful excuse to fail to comply with a condition of an undertaking or recognizance or to fail to appear at a time and place stated in a summons, an appearance notice, a promise to appear or a recognizance for the purposes of the Identification of Criminals Act if before the failure the Attorney General, within the meaning of the Contraventions Act, makes an election under section 50 of that Act.

  • Marginal note:Proof of certain facts by certificate

    (9) In any proceedings under subsection (2), (4) or (5), a certificate of the clerk of the court or a judge of the court before which the accused is alleged to have failed to attend or of the person in charge of the place at which it is alleged the accused failed to attend for the purposes of the Identification of Criminals Act stating that,

    • (a) in the case of proceedings under subsection (2), the accused gave or entered into an undertaking or recognizance before a justice or judge and failed to attend court in accordance therewith or, having attended court, failed to attend court thereafter as required by the court, justice or judge or to surrender in accordance with an order of the court, justice or judge, as the case may be,

    • (b) in the case of proceedings under subsection (4), a summons was issued to and served on the accused and the accused failed to attend court in accordance therewith or failed to appear at the time and place stated therein for the purposes of the Identification of Criminals Act, as the case may be, and

    • (c) in the case of proceedings under subsection (5), the accused was named in an appearance notice, a promise to appear or a recognizance entered into before an officer in charge or another peace officer, that was confirmed by a justice under section 508, and the accused failed to appear at the time and place stated therein for the purposes of the Identification of Criminals Act, failed to attend court in accordance therewith or, having attended court, failed to attend court thereafter as required by the court, justice or judge, as the case may be,

    is evidence of the statements contained in the certificate without proof of the signature or the official character of the person appearing to have signed the certificate.

  • Marginal note:Attendance and right to cross-examination

    (10) An accused against whom a certificate described in subsection (9) is produced may, with leave of the court, require the attendance of the person making the certificate for the purposes of cross-examination.

  • Marginal note:Notice of intention to produce

    (11) No certificate shall be received in evidence pursuant to subsection (9) unless the party intending to produce it has, before the trial, given to the accused reasonable notice of his intention together with a copy of the certificate.

  • R.S., 1985, c. C-46, s. 145;
  • R.S., 1985, c. 27 (1st Supp.), s. 20;
  • 1992, c. 47, s. 68;
  • 1994, c. 44, s. 8;
  • 1996, c. 7, s. 38;
  • 1997, c. 18, s. 3;
  • 2008, c. 18, s. 3.
Marginal note:Permitting or assisting escape

 Every one who

  • (a) permits a person whom he has in lawful custody to escape, by failing to perform a legal duty,

  • (b) conveys or causes to be conveyed into a prison anything, with intent to facilitate the escape of a person imprisoned therein, or

  • (c) directs or procures, under colour of pretended authority, the discharge of a prisoner who is not entitled to be discharged,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

  • R.S., c. C-34, s. 134.
Marginal note:Rescue or permitting escape

 Every one who

  • (a) rescues any person from lawful custody or assists any person in escaping or attempting to escape from lawful custody,

  • (b) being a peace officer, wilfully permits a person in his lawful custody to escape, or

  • (c) being an officer of or an employee in a prison, wilfully permits a person to escape from lawful custody therein,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

  • R.S., c. C-34, s. 135.
Marginal note:Assisting prisoner of war to escape

 Every one who knowingly and wilfully

  • (a) assists a prisoner of war in Canada to escape from a place where he is detained, or

  • (b) assists a prisoner of war, who is permitted to be at large on parole in Canada, to escape from the place where he is at large on parole,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

  • R.S., c. C-34, s. 136.
Marginal note:Service of term for escape
  •  (1) Notwithstanding section 743.1, a court that convicts a person for an escape committed while undergoing imprisonment may order that the term of imprisonment be served in a penitentiary, even if the time to be served is less than two years.

  • Definition of “escape”

    (2) In this section, “escape” means breaking prison, escaping from lawful custody or, without lawful excuse, being at large before the expiration of a term of imprisonment to which a person has been sentenced.

  • R.S., 1985, c. C-46, s. 149;
  • R.S., 1985, c. 27 (1st Supp.), s. 203;
  • 1992, c. 20, s. 199;
  • 1995, c. 22, s. 1.

PART VSEXUAL OFFENCES, PUBLIC MORALS AND DISORDERLY CONDUCT

Interpretation

Marginal note:Definitions

 In this Part,

“guardian”

« tuteur »

“guardian” includes any person who has in law or in fact the custody or control of another person;

“public place”

« endroit public »

“public place” includes any place to which the public have access as of right or by invitation, express or implied;

“theatre”

« théâtre »

“theatre” includes any place that is open to the public where entertainments are given, whether or not any charge is made for admission.

  • R.S., c. C-34, s. 138.

Sexual Offences

Marginal note:Consent no defence
  •  (1) Subject to subsections (2) to (2.2), when an accused is charged with an offence under section 151 or 152 or subsection 153(1), 160(3) or 173(2) or is charged with an offence under section 271, 272 or 273 in respect of a complainant under the age of 16 years, it is not a defence that the complainant consented to the activity that forms the subject-matter of the charge.

  • Marginal note:Exception — complainant aged 12 or 13

    (2) When an accused is charged with an offence under section 151 or 152, subsection 173(2) or section 271 in respect of a complainant who is 12 years of age or more but under the age of 14 years, it is a defence that the complainant consented to the activity that forms the subject-matter of the charge if the accused

    • (a) is less than two years older than the complainant; and

    • (b) is not in a position of trust or authority towards the complainant, is not a person with whom the complainant is in a relationship of dependency and is not in a relationship with the complainant that is exploitative of the complainant.

  • Marginal note:Exception — complainant aged 14 or 15

    (2.1) When an accused is charged with an offence under section 151 or 152, subsection 173(2) or section 271 in respect of a complainant who is 14 years of age or more but under the age of 16 years, it is a defence that the complainant consented to the activity that forms the subject-matter of the charge if

    • (a) the accused

      • (i) is less than five years older than the complainant; and

      • (ii) is not in a position of trust or authority towards the complainant, is not a person with whom the complainant is in a relationship of dependency and is not in a relationship with the complainant that is exploitative of the complainant; or

    • (b) the accused is married to the complainant.

  • Marginal note:Exception for transitional purposes

    (2.2) When the accused referred to in subsection (2.1) is five or more years older than the complainant, it is a defence that the complainant consented to the activity that forms the subject-matter of the charge if, on the day on which this subsection comes into force,

    • (a) the accused is the common-law partner of the complainant, or has been cohabiting with the complainant in a conjugal relationship for a period of less than one year and they have had or are expecting to have a child as a result of the relationship; and

    • (b) the accused is not in a position of trust or authority towards the complainant, is not a person with whom the complainant is in a relationship of dependency and is not in a relationship with the complainant that is exploitative of the complainant.

  • Marginal note:Exemption for accused aged twelve or thirteen

    (3) No person aged twelve or thirteen years shall be tried for an offence under section 151 or 152 or subsection 173(2) unless the person is in a position of trust or authority towards the complainant, is a person with whom the complainant is in a relationship of dependency or is in a relationship with the complainant that is exploitative of the complainant.

  • Marginal note:Mistake of age

    (4) It is not a defence to a charge under section 151 or 152, subsection 160(3) or 173(2), or section 271, 272 or 273 that the accused believed that the complainant was 16 years of age or more at the time the offence is alleged to have been committed unless the accused took all reasonable steps to ascertain the age of the complainant.

  • Marginal note:Idem

    (5) It is not a defence to a charge under section 153, 159, 170, 171 or 172 or subsection 212(2) or (4) that the accused believed that the complainant was eighteen years of age or more at the time the offence is alleged to have been committed unless the accused took all reasonable steps to ascertain the age of the complainant.

  • Marginal note:Mistake of age

    (6) An accused cannot raise a mistaken belief in the age of the complainant in order to invoke a defence under subsection (2) or (2.1) unless the accused took all reasonable steps to ascertain the age of the complainant.

  • R.S., 1985, c. 19 (3rd Supp.), s. 1;
  • 2005, c. 32, s. 2;
  • 2008, c. 6, ss. 13, 54.
Marginal note:Sexual interference

 Every person who, for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of a person under the age of 16 years

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of forty-five days; or

  • (b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months and to a minimum punishment of imprisonment for a term of fourteen days.

  • R.S., 1985, c. C-46, s. 151;
  • R.S., 1985, c. 19 (3rd Supp.), s. 1;
  • 2005, c. 32, s. 3;
  • 2008, c. 6, s. 54.
Marginal note:Invitation to sexual touching

 Every person who, for a sexual purpose, invites, counsels or incites a person under the age of 16 years to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the person under the age of 16 years,

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of forty-five days; or

  • (b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months and to a minimum punishment of imprisonment for a term of fourteen days.

  • R.S., 1985, c. C-46, s. 152;
  • R.S., 1985, c. 19 (3rd Supp.), s. 1;
  • 2005, c. 32, s. 3;
  • 2008, c. 6, s. 54.
Marginal note:Sexual exploitation
  •  (1) Every person commits an offence who is in a position of trust or authority towards a young person, who is a person with whom the young person is in a relationship of dependency or who is in a relationship with a young person that is exploitative of the young person, and who

    • (a) for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of the young person; or

    • (b) for a sexual purpose, invites, counsels or incites a young person to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the young person.

  • Marginal note:Punishment

    (1.1) Every person who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of forty-five days; or

    • (b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months and to a minimum punishment of imprisonment for a term of fourteen days.

  • Marginal note:Inference of sexual exploitation

    (1.2) A judge may infer that a person is in a relationship with a young person that is exploitative of the young person from the nature and circumstances of the relationship, including

    • (a) the age of the young person;

    • (b) the age difference between the person and the young person;

    • (c) the evolution of the relationship; and

    • (d) the degree of control or influence by the person over the young person.

  • Definition of “young person”

    (2) In this section, “young person” means a person 16 years of age or more but under the age of eighteen years.

  • R.S., 1985, c. C-46, s. 153;
  • R.S., 1985, c. 19 (3rd Supp.), s. 1;
  • 2005, c. 32, s. 4;
  • 2008, c. 6, s. 54.
Marginal note:Sexual exploitation of person with disability
  •  (1) Every person who is in a position of trust or authority towards a person with a mental or physical disability or who is a person with whom a person with a mental or physical disability is in a relationship of dependency and who, for a sexual purpose, counsels or incites that person to touch, without that person’s consent, his or her own body, the body of the person who so counsels or incites, or the body of any other person, directly or indirectly, with a part of the body or with an object, is guilty of

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

    • (b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

  • Definition of “consent”

    (2) Subject to subsection (3), “consent” means, for the purposes of this section, the voluntary agreement of the complainant to engage in the sexual activity in question.

  • Marginal note:When no consent obtained

    (3) No consent is obtained, for the purposes of this section, if

    • (a) the agreement is expressed by the words or conduct of a person other than the complainant;

    • (b) the complainant is incapable of consenting to the activity;

    • (c) the accused counsels or incites the complainant to engage in the activity by abusing a position of trust, power or authority;

    • (d) the complainant expresses, by words or conduct, a lack of agreement to engage in the activity; or

    • (e) the complainant, having consented to engage in sexual activity, expresses, by words or conduct, a lack of agreement to continue to engage in the activity.

  • Marginal note:Subsection (3) not limiting

    (4) Nothing in subsection (3) shall be construed as limiting the circumstances in which no consent is obtained.

  • Marginal note:When belief in consent not a defence

    (5) It is not a defence to a charge under this section that the accused believed that the complainant consented to the activity that forms the subject-matter of the charge if

    • (a) the accused’s belief arose from the accused’s

      • (i) self-induced intoxication, or

      • (ii) recklessness or wilful blindness; or

    • (b) the accused did not take reasonable steps, in the circumstances known to the accused at the time, to ascertain that the complainant was consenting.

  • Marginal note:Accused’s belief as to consent

    (6) If an accused alleges that he or she believed that the complainant consented to the conduct that is the subject-matter of the charge, a judge, if satisfied that there is sufficient evidence and that, if believed by the jury, the evidence would constitute a defence, shall instruct the jury, when reviewing all the evidence relating to the determination of the honesty of the accused’s belief, to consider the presence or absence of reasonable grounds for that belief.

  • 1998, c. 9, s. 2.

 [Repealed, R.S., 1985, c. 19 (3rd Supp.), s. 1]

Marginal note:Incest
  •  (1) Every one commits incest who, knowing that another person is by blood relationship his or her parent, child, brother, sister, grandparent or grandchild, as the case may be, has sexual intercourse with that person.

  • Marginal note:Punishment

    (2) Every one who commits incest is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • Marginal note:Defence

    (3) No accused shall be determined by a court to be guilty of an offence under this section if the accused was under restraint, duress or fear of the person with whom the accused had the sexual intercourse at the time the sexual intercourse occurred.

  • Definition of “brother” and “sister”

    (4) In this section, “brother” and “sister”, respectively, include half-brother and half-sister.

  • R.S., 1985, c. C-46, s. 155;
  • R.S., 1985, c. 27 (1st Supp.), s. 21.

 [Repealed, R.S., 1985, c. 19 (3rd Supp.), s. 2]

Marginal note:Anal intercourse
  •  (1) Every person who engages in an act of anal intercourse is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction.

  • Marginal note:Exception

    (2) Subsection (1) does not apply to any act engaged in, in private, between

    • (a) husband and wife, or

    • (b) any two persons, each of whom is eighteen years of age or more,

    both of whom consent to the act.

  • Marginal note:Idem

    (3) For the purposes of subsection (2),

    • (a) an act shall be deemed not to have been engaged in in private if it is engaged in in a public place or if more than two persons take part or are present; and

    • (b) a person shall be deemed not to consent to an act

      • (i) if the consent is extorted by force, threats or fear of bodily harm or is obtained by false and fraudulent misrepresentations respecting the nature and quality of the act, or

      • (ii) if the court is satisfied beyond a reasonable doubt that the person could not have consented to the act by reason of mental disability.

  • R.S., 1985, c. C-46, s. 159;
  • R.S., 1985, c. 19 (3rd Supp.), s. 3.
Marginal note:Bestiality
  •  (1) Every person who commits bestiality is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction.

  • Marginal note:Compelling the commission of bestiality

    (2) Every person who compels another to commit bestiality is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction.

  • Marginal note:Bestiality in presence of or by child

    (3) Notwithstanding subsection (1), every person who, in the presence of a person under the age of 16 years, commits bestiality or who incites a person under the age of 16 years to commit bestiality is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 160;
  • R.S., 1985, c. 19 (3rd Supp.), s. 3;
  • 2008, c. 6, s. 54.
Marginal note:Order of prohibition
  •  (1) When an offender is convicted, or is discharged on the conditions prescribed in a probation order under section 730, of an offence referred to in subsection (1.1) in respect of a person who is under the age of 16 years, the court that sentences the offender or directs that the accused be discharged, as the case may be, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, shall consider making and may make, subject to the conditions or exemptions that the court directs, an order prohibiting the offender from

    • (a) attending a public park or public swimming area where persons under the age of 16 years are present or can reasonably be expected to be present, or a daycare centre, schoolground, playground or community centre;

    • (b) seeking, obtaining or continuing any employment, whether or not the employment is remunerated, or becoming or being a volunteer in a capacity, that involves being in a position of trust or authority towards persons under the age of 16 years; or

    • (c) using a computer system within the meaning of subsection 342.1(2) for the purpose of communicating with a person under the age of 16 years.

  • Marginal note:Offences

    (1.1) The offences for the purpose of subsection (1) are

    • (a) an offence under section 151, 152, 155 or 159, subsection 160(2) or (3), section 163.1, 170, 171 or 172.1, subsection 173(2) or section 271, 272, 273 or 281;

    • (b) an offence under section 144 (rape), 145 (attempt to commit rape), 149 (indecent assault on female), 156 (indecent assault on male) or 245 (common assault) or subsection 246(1) (assault with intent) of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as it read immediately before January 4, 1983; or

    • (c) an offence under subsection 146(1) (sexual intercourse with a female under 14) or section 153 (sexual intercourse with step-daughter), 155 (buggery or bestiality), 157 (gross indecency), 166 (parent or guardian procuring defilement) or 167 (householder permitting defilement) of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as it read immediately before January 1, 1988.

  • Marginal note:Duration of prohibition

    (2) The prohibition may be for life or for any shorter duration that the court considers desirable and, in the case of a prohibition that is not for life, the prohibition begins on the later of

    • (a) the date on which the order is made; and

    • (b) where the offender is sentenced to a term of imprisonment, the date on which the offender is released from imprisonment for the offence, including release on parole, mandatory supervision or statutory release.

  • Marginal note:Court may vary order

    (3) A court that makes an order of prohibition or, where the court is for any reason unable to act, another court of equivalent jurisdiction in the same province, may, on application of the offender or the prosecutor, require the offender to appear before it at any time and, after hearing the parties, that court may vary the conditions prescribed in the order if, in the opinion of the court, the variation is desirable because of changed circumstances after the conditions were prescribed.

  • Marginal note:Offence

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

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

    • (b) an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 161;
  • R.S., 1985, c. 19 (3rd Supp.), s. 4;
  • 1993, c. 45, s. 1;
  • 1995, c. 22, s. 18;
  • 1997, c. 18, s. 4;
  • 1999, c. 31, s. 67;
  • 2002, c. 13, s. 4;
  • 2005, c. 32, s. 5;
  • 2008, c. 6, s. 54.
Marginal note:Voyeurism
  •  (1) Every one commits an offence who, surreptitiously, observes — including by mechanical or electronic means — or makes a visual recording of a person who is in circumstances that give rise to a reasonable expectation of privacy, if

    • (a) the person is in a place in which a person can reasonably be expected to be nude, to expose his or her genital organs or anal region or her breasts, or to be engaged in explicit sexual activity;

    • (b) the person is nude, is exposing his or her genital organs or anal region or her breasts, or is engaged in explicit sexual activity, and the observation or recording is done for the purpose of observing or recording a person in such a state or engaged in such an activity; or

    • (c) the observation or recording is done for a sexual purpose.

  • Definition of “visual recording”

    (2) In this section, “visual recording” includes a photographic, film or video recording made by any means.

  • Marginal note:Exemption

    (3) Paragraphs (1)(a) and (b) do not apply to a peace officer who, under the authority of a warrant issued under section 487.01, is carrying out any activity referred to in those paragraphs.

  • Marginal note:Printing, publication, etc., of voyeuristic recordings

    (4) Every one commits an offence who, knowing that a recording was obtained by the commission of an offence under subsection (1), prints, copies, publishes, distributes, circulates, sells, advertises or makes available the recording, or has the recording in his or her possession for the purpose of printing, copying, publishing, distributing, circulating, selling or advertising it or making it available.

  • Marginal note:Punishment

    (5) Every one who commits an offence under subsection (1) or (4)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Defence

    (6) No person shall be convicted of an offence under this section if the acts that are alleged to constitute the offence serve the public good and do not extend beyond what serves the public good.

  • Marginal note:Question of law, motives

    (7) For the purposes of subsection (6),

    • (a) it is a question of law whether an act serves the public good and whether there is evidence that the act alleged goes beyond what serves the public good, but it is a question of fact whether the act does or does not extend beyond what serves the public good; and

    • (b) the motives of an accused are irrelevant.

  • R.S., 1985, c. C-46, s. 162;
  • R.S., 1985, c. 19 (3rd Supp.), s. 4;
  • 2005, c. 32, s. 6.

Offences Tending to Corrupt Morals

Marginal note:Corrupting morals
  •  (1) Every one commits an offence who

    • (a) makes, prints, publishes, distributes, circulates, or has in his possession for the purpose of publication, distribution or circulation any obscene written matter, picture, model, phonograph record or other thing whatever; or

    • (b) makes, prints, publishes, distributes, sells or has in his possession for the purpose of publication, distribution or circulation a crime comic.

  • Marginal note:Idem

    (2) Every one commits an offence who knowingly, without lawful justification or excuse,

    • (a) sells, exposes to public view or has in his possession for such a purpose any obscene written matter, picture, model, phonograph record or other thing whatever;

    • (b) publicly exhibits a disgusting object or an indecent show;

    • (c) offers to sell, advertises or publishes an advertisement of, or has for sale or disposal, any means, instructions, medicine, drug or article intended or represented as a method of causing abortion or miscarriage; or

    • (d) advertises or publishes an advertisement of any means, instructions, medicine, drug or article intended or represented as a method for restoring sexual virility or curing venereal diseases or diseases of the generative organs.

  • Marginal note:Defence of public good

    (3) No person shall be convicted of an offence under this section if the public good was served by the acts that are alleged to constitute the offence and if the acts alleged did not extend beyond what served the public good.

  • Marginal note:Question of law and question of fact

    (4) For the purposes of this section, it is a question of law whether an act served the public good and whether there is evidence that the act alleged went beyond what served the public good, but it is a question of fact whether the acts did or did not extend beyond what served the public good.

  • Marginal note:Motives irrelevant

    (5) For the purposes of this section, the motives of an accused are irrelevant.

  • (6) [Repealed, 1993, c. 46, s. 1]

  • Definition of “crime comic”

    (7) In this section, “crime comic” means a magazine, periodical or book that exclusively or substantially comprises matter depicting pictorially

    • (a) the commission of crimes, real or fictitious; or

    • (b) events connected with the commission of crimes, real or fictitious, whether occurring before or after the commission of the crime.

  • Marginal note:Obscene publication

    (8) For the purposes of this Act, any publication a dominant characteristic of which is the undue exploitation of sex, or of sex and any one or more of the following subjects, namely, crime, horror, cruelty and violence, shall be deemed to be obscene.

  • R.S., 1985, c. C-46, s. 163;
  • 1993, c. 46, s. 1.

Definition of “child pornography”

  •  (1) In this section, “child pornography” means

    • (a) a photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means,

      • (i) that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or

      • (ii) the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years;

    • (b) any written material, visual representation or audio recording that advocates or counsels sexual activity with a person under the age of eighteen years that would be an offence under this Act;

    • (c) any written material whose dominant characteristic is the description, for a sexual purpose, of sexual activity with a person under the age of eighteen years that would be an offence under this Act; or

    • (d) any audio recording that has as its dominant characteristic the description, presentation or representation, for a sexual purpose, of sexual activity with a person under the age of eighteen years that would be an offence under this Act.

  • Marginal note:Making child pornography

    (2) Every person who makes, prints, publishes or possesses for the purpose of publication any child pornography is guilty of

    • (a) an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; or

    • (b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months and to a minimum punishment of imprisonment for a term of ninety days.

  • Marginal note:Distribution, etc. of child pornography

    (3) Every person who transmits, makes available, distributes, sells, advertises, imports, exports or possesses for the purpose of transmission, making available, distribution, sale, advertising or exportation any child pornography is guilty of

    • (a) an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; or

    • (b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months and to a minimum punishment of imprisonment for a term of ninety days.

  • Marginal note:Possession of child pornography

    (4) Every person who possesses any child pornography is guilty of

    • (a) an indictable offence and liable to imprisonment for a term not exceeding five years and to a minimum punishment of imprisonment for a term of forty-five days; or

    • (b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months and to a minimum punishment of imprisonment for a term of fourteen days.

  • Marginal note:Accessing child pornography

    (4.1) Every person who accesses any child pornography is guilty of

    • (a) an indictable offence and liable to imprisonment for a term not exceeding five years and to a minimum punishment of imprisonment for a term of forty-five days; or

    • (b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months and to a minimum punishment of imprisonment for a term of fourteen days.

  • Marginal note:Interpretation

    (4.2) For the purposes of subsection (4.1), a person accesses child pornography who knowingly causes child pornography to be viewed by, or transmitted to, himself or herself.

  • Marginal note:Aggravating factor

    (4.3) If a person is convicted of an offence under this section, the court that imposes the sentence shall consider as an aggravating factor the fact that the person committed the offence with intent to make a profit.

  • Marginal note:Defence

    (5) It is not a defence to a charge under subsection (2) in respect of a visual representation that the accused believed that a person shown in the representation that is alleged to constitute child pornography was or was depicted as being eighteen years of age or more unless the accused took all reasonable steps to ascertain the age of that person and took all reasonable steps to ensure that, where the person was eighteen years of age or more, the representation did not depict that person as being under the age of eighteen years.

  • Marginal note:Defence

    (6) No person shall be convicted of an offence under this section if the act that is alleged to constitute the offence

    • (a) has a legitimate purpose related to the administration of justice or to science, medicine, education or art; and

    • (b) does not pose an undue risk of harm to persons under the age of eighteen years.

  • Marginal note:Question of law

    (7) For greater certainty, for the purposes of this section, it is a question of law whether any written material, visual representation or audio recording advocates or counsels sexual activity with a person under the age of eighteen years that would be an offence under this Act.

  • 1993, c. 46, s. 2;
  • 2002, c. 13, s. 5;
  • 2005, c. 32, s. 7.
Marginal note:Warrant of seizure
  •  (1) A judge who is satisfied by information on oath that there are reasonable grounds for believing that

    • (a) any publication, copies of which are kept for sale or distribution in premises within the jurisdiction of the court, is obscene or a crime comic, within the meaning of section 163,

    • (b) any representation, written material or recording, copies of which are kept in premises within the jurisdiction of the court, is child pornography within the meaning of section 163.1, or

    • (c) any recording, copies of which are kept for sale or distribution in premises within the jurisdiction of the court, is a voyeuristic recording,

    may issue a warrant authorizing seizure of the copies.

  • Marginal note:Summons to occupier

    (2) Within seven days of the issue of a warrant under subsection (1), the judge shall issue a summons to the occupier of the premises requiring him to appear before the court and show cause why the matter seized should not be forfeited to Her Majesty.

  • Marginal note:Owner and maker may appear

    (3) The owner and the maker of the matter seized under subsection (1), and alleged to be obscene, a crime comic, child pornography or a voyeuristic recording, may appear and be represented in the proceedings in order to oppose the making of an order for the forfeiture of the matter.

  • Marginal note:Order of forfeiture

    (4) If the court is satisfied, on a balance of probabilities, that the publication, representation, written material or recording referred to in subsection (1) is obscene, a crime comic, child pornography or a voyeuristic recording, it may make an order declaring the matter forfeited to Her Majesty in right of the province in which the proceedings take place, for disposal as the Attorney General may direct.

  • Marginal note:Disposal of matter

    (5) If the court is not satisfied that the publication, representation, written material or recording referred to in subsection (1) is obscene, a crime comic, child pornography or a voyeuristic recording, it shall order that the matter be restored to the person from whom it was seized without delay after the time for final appeal has expired.

  • Marginal note:Appeal

    (6) An appeal lies from an order made under subsection (4) or (5) by any person who appeared in the proceedings

    • (a) on any ground of appeal that involves a question of law alone,

    • (b) on any ground of appeal that involves a question of fact alone, or

    • (c) on any ground of appeal that involves a question of mixed law and fact,

    as if it were an appeal against conviction or against a judgment or verdict of acquittal, as the case may be, on a question of law alone under Part XXI and sections 673 to 696 apply with such modifications as the circumstances require.

  • Marginal note:Consent

    (7) If an order is made under this section by a judge in a province with respect to one or more copies of a publication, a representation, written material or a recording, no proceedings shall be instituted or continued in that province under section 162, 163 or 163.1 with respect to those or other copies of the same publication, representation, written material or recording without the consent of the Attorney General.

  • Marginal note:Definitions

    (8) In this section,

    “court”

    « tribunal »

    “court” means

    • (a) in the Province of Quebec, the Court of Quebec, the municipal court of Montreal and the municipal court of Quebec,

    • (a.1) in the Province of Ontario, the Superior Court of Justice,

    • (b) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench,

    • (c) in the Provinces of Prince Edward Island and Newfoundland, the Trial Division of the Supreme Court,

    • (c.1[Repealed, 1992, c. 51, s. 34]

    • (d) in the Provinces of Nova Scotia and British Columbia, in Yukon and in the Northwest Territories, the Supreme Court, and

    • (e) in Nunavut, the Nunavut Court of Justice;

    “crime comic”

    « histoire illustrée de crime »

    “crime comic” has the same meaning as in section 163;

    “judge”

    « juge »

    “judge” means a judge of a court.

    “voyeuristic recording”

    « enregistrement voyeuriste »

    “voyeuristic recording” means a visual recording within the meaning of subsection 162(2) that is made as described in subsection 162(1).

  • R.S., 1985, c. C-46, s. 164;
  • R.S., 1985, c. 27 (2nd Supp.), s. 10, c. 40 (4th Supp.), s. 2;
  • 1990, c. 16, s. 3, c. 17, s. 9;
  • 1992, c. 1, s. 58, c. 51, s. 34;
  • 1993, c. 46, s. 3;
  • 1997, c. 18, s. 5;
  • 1998, c. 30, s. 14;
  • 1999, c. 3, s. 27;
  • 2002, c. 7, s. 139, c. 13, s. 6;
  • 2005, c. 32, s. 8.
Marginal note:Warrant of seizure
  •  (1) If a judge is satisfied by information on oath that there are reasonable grounds to believe that there is material — namely child pornography within the meaning of section 163.1, a voyeuristic recording within the meaning of subsection 164(8) or data within the meaning of subsection 342.1(2) that makes child pornography or a voyeuristic recording available — that is stored on and made available through a computer system within the meaning of subsection 342.1(2) that is within the jurisdiction of the court, the judge may order the custodian of the computer system to

    • (a) give an electronic copy of the material to the court;

    • (b) ensure that the material is no longer stored on and made available through the computer system; and

    • (c) provide the information necessary to identify and locate the person who posted the material.

  • Marginal note:Notice to person who posted the material

    (2) Within a reasonable time after receiving the information referred to in paragraph (1)(c), the judge shall cause notice to be given to the person who posted the material, giving that person the opportunity to appear and be represented before the court, and show cause why the material should not be deleted. If the person cannot be identified or located or does not reside in Canada, the judge may order the custodian of the computer system to post the text of the notice at the location where the material was previously stored and made available, until the time set for the appearance.

  • Marginal note:Person who posted the material may appear

    (3) The person who posted the material may appear and be represented in the proceedings in order to oppose the making of an order under subsection (5).

  • Marginal note:Non-appearance

    (4) If the person who posted the material does not appear for the proceedings, the court may proceed ex parte to hear and determine the proceedings in the absence of the person as fully and effectually as if the person had appeared.

  • Marginal note:Order

    (5) If the court is satisfied, on a balance of probabilities, that the material is child pornog­raphy within the meaning of section 163.1, a voyeuristic recording within the meaning of subsection 164(8) or data within the meaning of subsection 342.1(2) that makes child pornography or the voyeuristic recording available, it may order the custodian of the computer system to delete the material.

  • Marginal note:Destruction of copy

    (6) When the court makes the order for the deletion of the material, it may order the destruction of the electronic copy in the court’s possession.

  • Marginal note:Return of material

    (7) If the court is not satisfied that the material is child pornography within the meaning of section 163.1, a voyeuristic recording within the meaning of subsection 164(8) or data within the meaning of subsection 342.1(2) that makes child pornography or the voyeuristic recording available, the court shall order that the electronic copy be returned to the custodian and terminate the order under paragraph (1)(b).

  • Marginal note:Other provisions to apply

    (8) Subsections 164(6) to (8) apply, with any modifications that the circumstances require, to this section.

  • Marginal note:When order takes effect

    (9) No order made under subsections (5) to (7) takes effect until the time for final appeal has expired.

  • 2002, c. 13, s. 7;
  • 2005, c. 32, s. 9.
Marginal note:Forfeiture of things used for child pornography
  •  (1) On application of the Attorney General, a court that convicts a person of an offence under section 163.1 or 172.1, in addition to any other punishment that it may impose, may order that any thing — other than real property — be forfeited to Her Majesty and disposed of as the Attorney General directs if it is satisfied, on a balance of probabilities, that the thing

    • (a) was used in the commission of the offence; and

    • (b) is the property of

      • (i) the convicted person or another person who was a party to the offence, or

      • (ii) a person who acquired the thing from a person referred to in subparagraph (i) under circumstances that give rise to a reasonable inference that it was transferred for the purpose of avoiding forfeiture.

  • Marginal note:Third party rights

    (2) Before making an order under subsection (1), the court shall cause notice to be given to, and may hear, any person whom it considers to have an interest in the thing, and may declare the nature and extent of the person’s interest in it.

  • Marginal note:Right of appeal — third party

    (3) A person who was heard in response to a notice given under subsection (2) may appeal to the court of appeal against an order made under subsection (1).

  • Marginal note:Right of appeal — Attorney General

    (4) The Attorney General may appeal to the court of appeal against the refusal of a court to make an order under subsection (1).

  • Marginal note:Application of Part XXI

    (5) Part XXI applies, with any modifications that the circumstances require, with respect to the procedure for an appeal under subsections (3) and (4).

  • 2002, c. 13, s. 7;
  • 2008, c. 18, s. 4.
Marginal note:Relief from forfeiture
  •  (1) Within thirty days after an order under subsection 164.2(1) is made, a person who claims an interest in the thing forfeited may apply in writing to a judge for an order under subsection (4).

  • Marginal note:Hearing of application

    (2) The judge shall fix a day — not less than thirty days after the application is made — for its hearing.

  • Marginal note:Notice to Attorney General

    (3) At least fifteen days before the hearing, the applicant shall cause notice of the application and of the hearing day to be served on the Attorney General.

  • Marginal note:Order

    (4) The judge may make an order declaring that the applicant’s interest in the thing is not affected by the forfeiture and declaring the nature and extent of the interest if the judge is satisfied that the applicant

    • (a) was not a party to the offence; and

    • (b) did not acquire the thing from a person who was a party to the offence under circumstances that give rise to a reasonable inference that it was transferred for the purpose of avoiding forfeiture.

  • Marginal note:Appeal to court of appeal

    (5) A person referred to in subsection (4) or the Attorney General may appeal to the court of appeal against an order made under that subsection. Part XXI applies, with any modifications that the circumstances require, with respect to the procedure for an appeal under this subsection.

  • Marginal note:Powers of Attorney General

    (6) On application by a person who obtained an order under subsection (4), made after the expiration of the time allowed for an appeal against the order and, if an appeal is taken, after it has been finally disposed of, the Attorney General shall direct that

    • (a) the thing be returned to the person; or

    • (b) an amount equal to the value of the extent of the person’s interest, as declared in the order, be paid to the person.

  • 2002, c. 13, s. 7.
Marginal note:Tied sale

 Every one commits an offence who refuses to sell or supply to any other person copies of any publication for the reason only that the other person refuses to purchase or acquire from him copies of any other publication that the other person is apprehensive may be obscene or a crime comic.

  • R.S., c. C-34, s. 161.

 [Repealed, 1994, c. 44, s. 9]

Marginal note:Immoral theatrical performance
  •  (1) Every one commits an offence who, being the lessee, manager, agent or person in charge of a theatre, presents or gives or allows to be presented or given therein an immoral, indecent or obscene performance, entertainment or representation.

  • Marginal note:Person taking part

    (2) Every one commits an offence who takes part or appears as an actor, a performer or an assistant in any capacity, in an immoral, indecent or obscene performance, entertainment or representation in a theatre.

  • R.S., c. C-34, s. 163.
Marginal note:Mailing obscene matter
  •  (1) Every one commits an offence who makes use of the mails for the purpose of transmitting or delivering anything that is obscene, indecent, immoral or scurrilous.

  • Marginal note:Exceptions

    (2) Subsection (1) does not apply to a person who

    • (a) prints or publishes any matter for use in connection with any judicial proceedings or communicates it to persons who are concerned in the proceedings;

    • (b) prints or publishes a notice or report under the direction of a court; or

    • (c) prints or publishes any matter

      • (i) in a volume or part of a genuine series of law reports that does not form part of any other publication and consists solely of reports of proceedings in courts of law, or

      • (ii) in a publication of a technical character that is intended, in good faith, for circulation among members of the legal or medical profession.

  • R.S., 1985, c. C-46, s. 168;
  • 1999, c. 5, s. 2.
Marginal note:Punishment

 Every one who commits an offence under section 163, 165, 167 or 168 is guilty of

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

  • (b) an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 169;
  • 1999, c. 5, s. 3.
Marginal note:Parent or guardian procuring sexual activity

 Every parent or guardian of a person under the age of eighteen years who procures the person for the purpose of engaging in any sexual activity prohibited by this Act with a person other than the parent or guardian is guilty of an indictable offence and liable

  • (a) to imprisonment for a term not exceeding five years and to a minimum punishment of imprisonment for a term of six months if the person procured is under the age of 16 years; or

  • (b) to imprisonment for a term not exceeding two years and to a minimum punishment of imprisonment for a term of forty-five days if the person procured is 16 years of age or more but under the age of eighteen years.

  • R.S., 1985, c. C-46, s. 170;
  • R.S., 1985, c. 19 (3rd Supp.), s. 5;
  • 2005, c. 32, s. 9.1;
  • 2008, c. 6, s. 54.
Marginal note:Householder permitting sexual activity

 Every owner, occupier or manager of premises, or any other person who has control of premises or assists in the management or control of premises, who knowingly permits a person under the age of eighteen years to resort to or to be in or on the premises for the purpose of engaging in any sexual activity prohibited by this Act is guilty of an indictable offence and liable

  • (a) to imprisonment for a term not exceeding five years and to a minimum punishment of imprisonment for a term of six months if the person in question is under the age of 16 years; or

  • (b) to imprisonment for a term not exceeding two years and to a minimum punishment of imprisonment for a term of forty-five days if the person is 16 years of age or more but under the age of eighteen years.

  • R.S., 1985, c. C-46, s. 171;
  • R.S., 1985, c. 19 (3rd Supp.), s. 5;
  • 2005, c. 32, s. 9.1;
  • 2008, c. 6, s. 54.
Marginal note:Corrupting children
  •  (1) Every one who, in the home of a child, participates in adultery or sexual immorality or indulges in habitual drunkenness or any other form of vice, and thereby endangers the morals of the child or renders the home an unfit place for the child to be in, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

  • (2) [Repealed, R.S., 1985, c. 19 (3rd Supp.), s. 6]

  • Definition of “child”

    (3) For the purposes of this section, “child” means a person who is or appears to be under the age of eighteen years.

  • Marginal note:Who may institute prosecutions

    (4) No proceedings shall be commenced under subsection (1) without the consent of the Attorney General, unless they are instituted by or at the instance of a recognized society for the protection of children or by an officer of a juvenile court.

  • R.S., 1985, c. C-46, s. 172;
  • R.S., 1985, c. 19 (3rd Supp.), s. 6.
Marginal note:Luring a child
  •  (1) Every person commits an offence who, by means of a computer system within the meaning of subsection 342.1(2), communicates with

    • (a) a person who is, or who the accused believes is, under the age of eighteen years, for the purpose of facilitating the commission of an offence under subsection 153(1), section 155 or 163.1, subsection 212(1) or (4) or section 271, 272 or 273 with respect to that person;

    • (b) a person who is, or who the accused believes is, under the age of 16 years, for the purpose of facilitating the commission of an offence under section 151 or 152, subsection 160(3) or 173(2) or section 280 with respect to that person; or

    • (c) a person who is, or who the accused believes is, under the age of 14 years, for the purpose of facilitating the commission of an offence under section 281 with respect to that person.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1) is guilty of

    • (a) an indictable offence and liable to imprisonment for a term of not more than ten years; or

    • (b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

  • Marginal note:Presumption re age

    (3) Evidence that the person referred to in paragraph (1)(a), (b) or (c) was represented to the accused as being under the age of eighteen years, sixteen years or fourteen years, as the case may be, is, in the absence of evidence to the contrary, proof that the accused believed that the person was under that age.

  • Marginal note:No defence

    (4) It is not a defence to a charge under paragraph (1)(a), (b) or (c) that the accused believed that the person referred to in that paragraph was at least eighteen years of age, sixteen years or fourteen years of age, as the case may be, unless the accused took reasonable steps to ascertain the age of the person.

  • 2002, c. 13, s. 8;
  • 2007, c. 20, s. 1;
  • 2008, c. 6, s. 14.

Disorderly Conduct

Marginal note:Indecent acts
  •  (1) Every one who wilfully does an indecent act

    • (a) in a public place in the presence of one or more persons, or

    • (b) in any place, with intent thereby to insult or offend any person,

    is guilty of an offence punishable on summary conviction.

  • Marginal note:Exposure

    (2) Every person who, in any place, for a sexual purpose, exposes his or her genital organs to a person who is under the age of 16 years is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 173;
  • R.S., 1985, c. 19 (3rd Supp.), s. 7;
  • 2008, c. 6, s. 54.
Marginal note:Nudity
  •  (1) Every one who, without lawful excuse,

    • (a) is nude in a public place, or

    • (b) is nude and exposed to public view while on private property, whether or not the property is his own,

    is guilty of an offence punishable on summary conviction.

  • Marginal note:Nude

    (2) For the purposes of this section, a person is nude who is so clad as to offend against public decency or order.

  • Marginal note:Consent of Attorney General

    (3) No proceedings shall be commenced under this section without the consent of the Attorney General.

  • R.S., c. C-34, s. 170.
Marginal note:Causing disturbance, indecent exhibition, loitering, etc.
  •  (1) Every one who

    • (a) not being in a dwelling-house, causes a disturbance in or near a public place,

      • (i) by fighting, screaming, shouting, swearing, singing or using insulting or obscene language,

      • (ii) by being drunk, or

      • (iii) by impeding or molesting other persons,

    • (b) openly exposes or exhibits an indecent exhibition in a public place,

    • (c) loiters in a public place and in any way obstructs persons who are in that place, or

    • (d) disturbs the peace and quiet of the occupants of a dwelling-house by discharging firearms or by other disorderly conduct in a public place or who, not being an occupant of a dwelling-house comprised in a particular building or structure, disturbs the peace and quiet of the occupants of a dwelling-house comprised in the building or structure by discharging firearms or by other disorderly conduct in any part of a building or structure to which, at the time of such conduct, the occupants of two or more dwelling-houses comprised in the building or structure have access as of right or by invitation, express or implied,

    is guilty of an offence punishable on summary conviction.

  • Marginal note:Evidence of peace officer

    (2) In the absence of other evidence, or by way of corroboration of other evidence, a summary conviction court may infer from the evidence of a peace officer relating to the conduct of a person or persons, whether ascertained or not, that a disturbance described in paragraph (1)(a) or (d) or an obstruction described in paragraph (1)(c) was caused or occurred.

  • R.S., 1985, c. C-46, s. 175;
  • 1997, c. 18, s. 6.
Marginal note:Obstructing or violence to or arrest of officiating clergyman
  •  (1) Every one who

    • (a) by threats or force, unlawfully obstructs or prevents or endeavours to obstruct or prevent a clergyman or minister from celebrating divine service or performing any other function in connection with his calling, or

    • (b) knowing that a clergyman or minister is about to perform, is on his way to perform or is returning from the performance of any of the duties or functions mentioned in paragraph (a)

      • (i) assaults or offers any violence to him, or

      • (ii) arrests him on a civil process, or under the pretence of executing a civil process,

    is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

  • Marginal note:Disturbing religious worship or certain meetings

    (2) Every one who wilfully disturbs or interrupts an assemblage of persons met for religious worship or for a moral, social or benevolent purpose is guilty of an offence punishable on summary conviction.

  • Marginal note:Idem

    (3) Every one who, at or near a meeting referred to in subsection (2), wilfully does anything that disturbs the order or solemnity of the meeting is guilty of an offence punishable on summary conviction.

  • R.S., c. C-34, s. 172.
Marginal note:Trespassing at night

 Every one who, without lawful excuse, the proof of which lies on him, loiters or prowls at night on the property of another person near a dwelling-house situated on that property is guilty of an offence punishable on summary conviction.

  • R.S., c. C-34, s. 173.
Marginal note:Offensive volatile substance

 Every one other than a peace officer engaged in the discharge of his duty who has in his possession in a public place or who deposits, throws or injects or causes to be deposited, thrown or injected in, into or near any place,

  • (a) an offensive volatile substance that is likely to alarm, inconvenience, discommode or cause discomfort to any person or to cause damage to property, or

  • (b) a stink or stench bomb or device from which any substance mentioned in paragraph (a) is or is capable of being liberated,

is guilty of an offence punishable on summary conviction.

  • R.S., c. C-34, s. 174.
Marginal note:Vagrancy
  •  (1) Every one commits vagrancy who

    • (a) supports himself in whole or in part by gaming or crime and has no lawful profession or calling by which to maintain himself; or

    • (b) having at any time been convicted of an offence under section 151, 152 or 153, subsection 160(3) or 173(2) or section 271, 272 or 273, or of an offence under a provision referred to in paragraph (b) of the definition “serious personal injury offence” in section 687 of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as it read before January 4, 1983, is found loitering in or near a school ground, playground, public park or bathing area.

  • Marginal note:Punishment

    (2) Every one who commits vagrancy is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 179;
  • R.S., 1985, c. 27 (1st Supp.), s. 22, c. 19 (3rd Supp.), s. 8.

Nuisances

Marginal note:Common nuisance
  •  (1) Every one who commits a common nuisance and thereby

    • (a) endangers the lives, safety or health of the public, or

    • (b) causes physical injury to any person,

    is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

  • Marginal note:Definition

    (2) For the purposes of this section, every one commits a common nuisance who does an unlawful act or fails to discharge a legal duty and thereby

    • (a) endangers the lives, safety, health, property or comfort of the public; or

    • (b) obstructs the public in the exercise or enjoyment of any right that is common to all the subjects of Her Majesty in Canada.

  • R.S., c. C-34, s. 176.
Marginal note:Spreading false news

 Every one who wilfully publishes a statement, tale or news that he knows is false and that causes or is likely to cause injury or mischief to a public interest is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

  • R.S., c. C-34, s. 177.
Marginal note:Dead body

 Every one who

  • (a) neglects, without lawful excuse, to perform any duty that is imposed on him by law or that he undertakes with reference to the burial of a dead human body or human remains, or

  • (b) improperly or indecently interferes with or offers any indignity to a dead human body or human remains, whether buried or not,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

  • R.S., c. C-34, s. 178.

PART VIINVASION OF PRIVACY

Definitions

Marginal note:Definitions

 In this Part,

“authorization”

« autorisation »

“authorization” means an authorization to intercept a private communication given under section 186 or subsection 184.2(3), 184.3(6) or 188(2);

“electro-magnetic, acoustic, mechanical or other device”

« dispositif électromagnétique, acoustique, mécanique ou autre »

“electro-magnetic, acoustic, mechanical or other device” means any device or apparatus that is used or is capable of being used to intercept a private communication, but does not include a hearing aid used to correct subnormal hearing of the user to not better than normal hearing;

“intercept”

« intercepter »

“intercept” includes listen to, record or acquire a communication or acquire the substance, meaning or purport thereof;

“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),

    • (iii.1) section 56.1 (identity documents),

    • (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),

    • (xii.1) section 83.02 (providing or collecting property for certain activities),

    • (xii.2) section 83.03 (providing, making available, etc., property or services for terrorist purposes),

    • (xii.3) section 83.04 (using or possessing property for terrorist purposes),

    • (xii.4) section 83.18 (participation in activity of terrorist group),

    • (xii.5) section 83.19 (facilitating terrorist activity),

    • (xii.6) section 83.2 (commission of offence for terrorist group),

    • (xii.7) section 83.21 (instructing to carry out activity for terrorist group),

    • (xii.8) section 83.22 (instructing to carry out terrorist activity),

    • (xii.9) section 83.23 (harbouring or concealing),

    • (xii.91) section 83.231 (hoax — terrorist activity),

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

    • (xiii.1) section 98 (breaking and entering to steal firearm),

    • (xiii.2) section 98.1 (robbery to steal firearm),

    • (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.),

    • (xxvii.1) section 162 (voyeurism),

    • (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),

    • (xxxix.1) section 244 (discharging firearm with intent),

    • (xxxix.2) section 244.2 (discharging firearm — recklessness),

    • (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),

    • (xliii.1) section 270.01 (assaulting peace officer with weapon or causing bodily harm),

    • (xliii.2) section 270.02 (aggravated assault of peace officer),

    • (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),

    • (xlvii.1) section 279.01 (trafficking in persons),

    • (xlvii.11) section 279.011 (trafficking of a person under the age of eighteen years),

    • (xlvii.2) section 279.02 (material benefit),

    • (xlvii.3) section 279.03 (withholding or destroying documents),

    • (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),

    • (lvi.1) section 342.01 (instruments for copying credit card data or forging or falsifying credit cards),

    • (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 (use, trafficking or possession of forged document),

    • (lxvi.1) section 368.1 (forgery instruments),

    • (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),

    • (lxx.1) subsection 402.2(1) (identity theft),

    • (lxx.2) subsection 402.2(2) (trafficking in identity information),

    • (lxx.3) section 403 (identity fraud),

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

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

    • (lxxii.1) section 424.1 (threat against United Nations or associated personnel),

    • (lxxiii) section 426 (secret commissions),

    • (lxxiv) section 430 (mischief),

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

    • (lxxv.1) section 431.1 (attack on premises, accommodation or transport of United Nations or associated personnel),

    • (lxxv.2) subsection 431.2(2) (explosive or other lethal device),

    • (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,

  • (b.1) any of the following provisions of the Biological and Toxin Weapons Convention Implementation Act, namely,

    • (i) section 6 (production, etc., of biological agents and means of delivery), or

    • (ii) section 7 (unauthorized production, etc., of biological agents),

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

    • (i) section 45 (conspiracies, agreements or arrangements between competitors),

    • (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, 2001, namely,

    • (i) section 214 (unlawful production, sale, etc., of tobacco or alcohol),

    • (ii) section 216 (unlawful possession of tobacco product),

    • (iii) section 218 (unlawful possession, sale, etc., of alcohol),

    • (iv) section 219 (falsifying or destroying records),

    • (v) section 230 (possession of property obtained by excise offences), or

    • (vi) section 231 (laundering proceeds of excise offences),

  • (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) any offence under the Security of Information Act,

and includes any other offence that there are reasonable grounds to believe is a criminal organization offence or any other offence that there are reasonable grounds to believe is an offence described in paragraph (b) or (c) of the definition “terrorism offence” in section 2;

“private communication”

« communication privée »

“private communication” means any oral communication, or any telecommunication, that is made by an originator who is in Canada or is intended by the originator to be received by a person who is in Canada and that is made under circumstances in which it is reasonable for the originator to expect that it will not be intercepted by any person other than the person intended by the originator to receive it, and includes any radio-based telephone communication that is treated electronically or otherwise for the purpose of preventing intelligible reception by any person other than the person intended by the originator to receive it;

“public switched telephone network”

« réseau téléphonique public commuté »

“public switched telephone network” means a telecommunication facility the primary purpose of which is to provide a land line-based telephone service to the public for compensation;

“radio-based telephone communication”

« communication radiotéléphonique »

“radio-based telephone communication” means any radiocommunication within the meaning of the Radiocommunication Act that is made over apparatus that is used primarily for connection to a public switched telephone network;

“sell”

« vendre »

“sell” includes offer for sale, expose for sale, have in possession for sale or distribute or advertise for sale;

“solicitor”

« avocat »

“solicitor” means, in the Province of Quebec, an advocate or a notary and, in any other province, a barrister or solicitor.

  • R.S., 1985, c. C-46, s. 183;
  • R.S., 1985, c. 27 (1st Supp.), ss. 7, 23, c. 1 (2nd Supp.), s. 213, c. 1 (4th Supp.), s. 13, c. 29 (4th Supp.), s. 17, c. 42 (4th Supp.), s. 1;
  • 1991, c. 28, s. 12;
  • 1992, c. 27, s. 90;
  • 1993, c. 7, s. 5, c. 25, s. 94, c. 40, s. 1, c. 46, s. 4;
  • 1995, c. 39, s. 140;
  • 1996, c. 19, s. 66;
  • 1997, c. 18, s. 7, c. 23, s. 3;
  • 1998, c. 34, s. 8;
  • 1999, c. 2, s. 47, c. 5, s. 4;
  • 2000, c. 24, s. 43;
  • 2001, c. 32, s. 4, c. 41, ss. 5, 31, 133;
  • 2002, c. 22, s. 409;
  • 2004, c. 15, s. 108;
  • 2005, c. 32, s. 10, c. 43, s. 1;
  • 2008, c. 6, s. 15;
  • 2009, c. 2, s. 442, c. 22, s. 4, c. 28, s. 3;
  • 2010, c. 3, s. 1.
Marginal note:Consent to interception

 Where a private communication is originated by more than one person or is intended by the originator thereof to be received by more than one person, a consent to the interception thereof by any one of those persons is sufficient consent for the purposes of any provision of this Part.

  • 1993, c. 40, s. 2.

Interception of Communications

Marginal note:Interception
  •  (1) Every one who, by means of any electro-magnetic, acoustic, mechanical or other device, wilfully intercepts a private communication is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

  • Marginal note:Saving provision

    (2) Subsection (1) does not apply to

    • (a) a person who has the consent to intercept, express or implied, of the originator of the private communication or of the person intended by the originator thereof to receive it;

    • (b) a person who intercepts a private communication in accordance with an authorization or pursuant to section 184.4 or any person who in good faith aids in any way another person who the aiding person believes on reasonable grounds is acting with an authorization or pursuant to section 184.4;

    • (c) a person engaged in providing a telephone, telegraph or other communication service to the public who intercepts a private communication,

      • (i) if the interception is necessary for the purpose of providing the service,

      • (ii) in the course of service observing or random monitoring necessary for the purpose of mechanical or service quality control checks, or

      • (iii) if the interception is necessary to protect the person’s rights or property directly related to providing the service;

    • (d) an officer or servant of Her Majesty in right of Canada who engages in radio frequency spectrum management, in respect of a private communication intercepted by that officer or servant for the purpose of identifying, isolating or preventing an unauthorized or interfering use of a frequency or of a transmission; or

    • (e) a person, or any person acting on their behalf, in possession or control of a computer system, as defined in subsection 342.1(2), who intercepts a private communication originating from, directed to or transmitting through that computer system, if the interception is reasonably necessary for

      • (i) managing the quality of service of the computer system as it relates to performance factors such as the responsiveness and capacity of the system as well as the integrity and availability of the system and data, or

      • (ii) protecting the computer system against any act that would be an offence under subsection 342.1(1) or 430(1.1).

  • Marginal note:Use or retention

    (3) A private communication intercepted by a person referred to in paragraph (2)(e) can be used or retained only if

    • (a) it is essential to identify, isolate or prevent harm to the computer system; or

    • (b) it is to be disclosed in circumstances referred to in subsection 193(2).

  • R.S., 1985, c. C-46, s. 184;
  • 1993, c. 40, s. 3;
  • 2004, c. 12, s. 4.
Marginal note:Interception to prevent bodily harm
  •  (1) An agent of the state may intercept, by means of any electro-magnetic, acoustic, mechanical or other device, a private communication if

    • (a) either the originator of the private communication or the person intended by the originator to receive it has consented to the interception;

    • (b) the agent of the state believes on reasonable grounds that there is a risk of bodily harm to the person who consented to the interception; and

    • (c) the purpose of the interception is to prevent the bodily harm.

  • Marginal note:Admissibility of intercepted communication

    (2) The contents of a private communication that is obtained from an interception pursuant to subsection (1) are inadmissible as evidence except for the purposes of proceedings in which actual, attempted or threatened bodily harm is alleged, including proceedings in respect of an application for an authorization under this Part or in respect of a search warrant or a warrant for the arrest of any person.

  • Marginal note:Destruction of recordings and transcripts

    (3) The agent of the state who intercepts a private communication pursuant to subsection (1) shall, as soon as is practicable in the circumstances, destroy any recording of the private communication that is obtained from an interception pursuant to subsection (1), any full or partial transcript of the recording and any notes made by that agent of the private communication if nothing in the private communication suggests that bodily harm, attempted bodily harm or threatened bodily harm has occurred or is likely to occur.

  • Definition of “agent of the state”

    (4) For the purposes of this section, “agent of the state” means

    • (a) a peace officer; and

    • (b) a person acting under the authority of, or in cooperation with, a peace officer.

  • 1993, c. 40, s. 4.
Marginal note:Interception with consent
  •  (1) A person may intercept, by means of any electro-magnetic, acoustic, mechanical or other device, a private communication where either the originator of the private communication or the person intended by the originator to receive it has consented to the interception and an authorization has been obtained pursuant to subsection (3).

  • Marginal note:Application for authorization

    (2) An application for an authorization under this section shall be made by a peace officer, or a public officer who has been appointed or designated to administer or enforce any federal or provincial law and whose duties include the enforcement of this or any other Act of Parliament, ex parte and in writing to a provincial court judge, a judge of a superior court of criminal jurisdiction or a judge as defined in section 552, and shall be accompanied by an affidavit, which may be sworn on the information and belief of that peace officer or public officer or of any other peace officer or public officer, deposing to the following matters:

    • (a) that there are reasonable grounds to believe that an offence against this or any other Act of Parliament has been or will be committed;

    • (b) the particulars of the offence;

    • (c) the name of the person who has consented to the interception;

    • (d) the period for which the authorization is requested; and

    • (e) in the case of an application for an authorization where an authorization has previously been granted under this section or section 186, the particulars of the authorization.

  • Marginal note:Judge to be satisfied

    (3) An authorization may be given under this section if the judge to whom the application is made is satisfied that

    • (a) there are reasonable grounds to believe that an offence against this or any other Act of Parliament has been or will be committed;

    • (b) either the originator of the private communication or the person intended by the originator to receive it has consented to the interception; and

    • (c) there are reasonable grounds to believe that information concerning the offence referred to in paragraph (a) will be obtained through the interception sought.

  • Marginal note:Content and limitation of authorization

    (4) An authorization given under this section shall

    • (a) state the offence in respect of which private communications may be intercepted;

    • (b) state the type of private communication that may be intercepted;

    • (c) state the identity of the persons, if known, whose private communications are to be intercepted, generally describe the place at which private communications may be intercepted, if a general description of that place can be given, and generally describe the manner of interception that may be used;

    • (d) contain the terms and conditions that the judge considers advisable in the public interest; and

    • (e) be valid for the period, not exceeding sixty days, set out therein.

  • 1993, c. 40, s. 4.
Marginal note:Application by means of telecommunication
  •  (1) Notwithstanding section 184.2, an application for an authorization under subsection 184.2(2) may be made ex parte to a provincial court judge, a judge of a superior court of criminal jurisdiction or a judge as defined in section 552, by telephone or other means of telecommunication, if it would be impracticable in the circumstances for the applicant to appear personally before a judge.

  • Marginal note:Application

    (2) An application for an authorization made under this section shall be on oath and shall be accompanied by a statement that includes the matters referred to in paragraphs 184.2(2)(a) to (e) and that states the circumstances that make it impracticable for the applicant to appear personally before a judge.

  • Marginal note:Recording

    (3) The judge shall record, in writing or otherwise, the application for an authorization made under this section and, on determination of the application, shall cause the writing or recording to be placed in the packet referred to in subsection 187(1) and sealed in that packet, and a recording sealed in a packet shall be treated as if it were a document for the purposes of section 187.

  • Marginal note:Oath

    (4) For the purposes of subsection (2), an oath may be administered by telephone or other means of telecommunication.

  • Marginal note:Alternative to oath

    (5) An applicant who uses a means of telecommunication that produces a writing may, instead of swearing an oath for the purposes of subsection (2), make a statement in writing stating that all matters contained in the application are true to the knowledge or belief of the applicant and such a statement shall be deemed to be a statement made under oath.

  • Marginal note:Authorization

    (6) Where the judge to whom an application is made under this section is satisfied that the circumstances referred to in paragraphs 184.2(3)(a) to (c) exist and that the circumstances referred to in subsection (2) make it impracticable for the applicant to appear personally before a judge, the judge may, on such terms and conditions, if any, as are considered advisable, give an authorization by telephone or other means of telecommunication for a period of up to thirty-six hours.

  • Marginal note:Giving authorization

    (7) Where a judge gives an authorization by telephone or other means of telecommunication, other than a means of telecommunication that produces a writing,

    • (a) the judge shall complete and sign the authorization in writing, noting on its face the time, date and place at which it is given;

    • (b) the applicant shall, on the direction of the judge, complete a facsimile of the authorization in writing, noting on its face the name of the judge who gave it and the time, date and place at which it was given; and

    • (c) the judge shall, as soon as is practicable after the authorization has been given, cause the authorization to be placed in the packet referred to in subsection 187(1) and sealed in that packet.

  • Marginal note:Giving authorization where telecommunication produces writing

    (8) Where a judge gives an authorization by a means of telecommunication that produces a writing, the judge shall

    • (a) complete and sign the authorization in writing, noting on its face the time, date and place at which it is given;

    • (b) transmit the authorization by the means of telecommunication to the applicant, and the copy received by the applicant shall be deemed to be a facsimile referred to in paragraph (7)(b); and

    • (c) as soon as is practicable after the authorization has been given, cause the authorization to be placed in the packet referred to in subsection 187(1) and sealed in that packet.

  • 1993, c. 40, s. 4.
Marginal note:Interception in exceptional circumstances

 A peace officer may intercept, by means of any electro-magnetic, acoustic, mechanical or other device, a private communication where

  • (a) the peace officer believes on reasonable grounds that the urgency of the situation is such that an authorization could not, with reasonable diligence, be obtained under any other provision of this Part;

  • (b) the peace officer believes on reasonable grounds that such an interception is immediately necessary to prevent an unlawful act that would cause serious harm to any person or to property; and

  • (c) either the originator of the private communication or the person intended by the originator to receive it is the person who would perform the act that is likely to cause the harm or is the victim, or intended victim, of the harm.

  • 1993, c. 40, s. 4.
Marginal note:Interception of radio-based telephone communications
  •  (1) Every person who intercepts, by means of any electro-magnetic, acoustic, mechanical or other device, maliciously or for gain, a radio-based telephone communication, if the originator of the communication or the person intended by the originator of the communication to receive it is in Canada, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

  • Marginal note:Other provisions to apply

    (2) Section 183.1, subsection 184(2) and sections 184.1 to 190 and 194 to 196 apply, with such modifications as the circumstances require, to interceptions of radio-based telephone communications referred to in subsection (1).

  • 1993, c. 40, s. 4.
Marginal note:One application for authorization sufficient

 For greater certainty, an application for an authorization under this Part may be made with respect to both private communications and radio-based telephone communications at the same time.

  • 1993, c. 40, s. 4.
Marginal note:Application for authorization
  •  (1) An application for an authorization to be given under section 186 shall be made ex parte and in writing to a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 and shall be signed by the Attorney General of the province in which the application is made or the Minister of Public Safety and Emergency Preparedness or an agent specially designated in writing for the purposes of this section by

    • (a) the Minister personally or the Deputy Minister of Public Safety and Emergency Preparedness personally, if the offence under investigation is one in respect of which proceedings, if any, may be instituted at the instance of the Government of Canada and conducted by or on behalf of the Attorney General of Canada, or

    • (b) the Attorney General of a province personally or the Deputy Attorney General of a province personally, in any other case,

    and shall be accompanied by an affidavit, which may be sworn on the information and belief of a peace officer or public officer deposing to the following matters:

    • (c) the facts relied on to justify the belief that an authorization should be given together with particulars of the offence,

    • (d) the type of private communication proposed to be intercepted,

    • (e) the names, addresses and occupations, if known, of all persons, the interception of whose private communications there are reasonable grounds to believe may assist the investigation of the offence, a general description of the nature and location of the place, if known, at which private communications are proposed to be intercepted and a general description of the manner of interception proposed to be used,

    • (f) the number of instances, if any, on which an application has been made under this section in relation to the offence and a person named in the affidavit pursuant to paragraph (e) and on which the application was withdrawn or no authorization was given, the date on which each application was made and the name of the judge to whom each application was made,

    • (g) the period for which the authorization is requested, and

    • (h) whether other investigative procedures have been tried and have failed or why it appears they are unlikely to succeed or that the urgency of the matter is such that it would be impractical to carry out the investigation of the offence using only other investigative procedures.

  • Marginal note:Exception for criminal organizations and terrorist groups

    (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;

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

    • (c) a terrorism offence.

  • Marginal note:Extension of period for notification

    (2) An application for an authorization may be accompanied by an application, personally signed by the Attorney General of the province in which the application for the authorization is made or the Minister of Public Safety and Emergency Preparedness if the application for the authorization is made by him or on his behalf, to substitute for the period mentioned in subsection 196(1) such longer period not exceeding three years as is set out in the application.

  • Marginal note:Where extension to be granted

    (3) Where an application for an authorization is accompanied by an application referred to in subsection (2), the judge to whom the applications are made shall first consider the application referred to in subsection (2) and where, on the basis of the affidavit in support of the application for the authorization and any other affidavit evidence submitted in support of the application referred to in subsection (2), the judge is of the opinion that the interests of justice warrant the granting of the application, he shall fix a period, not exceeding three years, in substitution for the period mentioned in subsection 196(1).

  • Marginal note:Where extension not granted

    (4) Where the judge to whom an application for an authorization and an application referred to in subsection (2) are made refuses to fix a period in substitution for the period mentioned in subsection 196(1) or where the judge fixes a period in substitution therefor that is less than the period set out in the application referred to in subsection (2), the person appearing before the judge on the application for the authorization may withdraw the application for the authorization and thereupon the judge shall not proceed to consider the application for the authorization or to give the authorization and shall return to the person appearing before him on the application for the authorization both applications and all other material pertaining thereto.

  • R.S., 1985, c. C-46, s. 185;
  • 1993, c. 40, s. 5;
  • 1997, c. 18, s. 8, c. 23, s. 4;
  • 2001, c. 32, s. 5, c. 41, ss. 6, 133;
  • 2005, c. 10, ss. 22, 34.
Marginal note:Judge to be satisfied
  •  (1) An authorization under this section may be given if the judge to whom the application is made is satisfied

    • (a) that it would be in the best interests of the administration of justice to do so; and

    • (b) that other investigative procedures have been tried and have failed, other investigative procedures are unlikely to succeed or the urgency of the matter is such that it would be impractical to carry out the investigation of the offence using only other investigative procedures.

  • Marginal note:Exception for criminal organizations and terrorism offences

    (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;

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

    • (c) a terrorism offence.

  • Marginal note:Where authorization not to be given

    (2) No authorization may be given to intercept a private communication at the office or residence of a solicitor, or at any other place ordinarily used by a solicitor and by other solicitors for the purpose of consultation with clients, unless the judge to whom the application is made is satisfied that there are reasonable grounds to believe that the solicitor, any other solicitor practising with him, any person employed by him or any other such solicitor or a member of the solicitor’s household has been or is about to become a party to an offence.

  • Marginal note:Terms and conditions

    (3) Where an authorization is given in relation to the interception of private communications at a place described in subsection (2), the judge by whom the authorization is given shall include therein such terms and conditions as he considers advisable to protect privileged communications between solicitors and clients.

  • Marginal note:Content and limitation of authorization

    (4) An authorization shall

    • (a) state the offence in respect of which private communications may be intercepted;

    • (b) state the type of private communication that may be intercepted;

    • (c) state the identity of the persons, if known, whose private communications are to be intercepted, generally describe the place at which private communications may be intercepted, if a general description of that place can be given, and generally describe the manner of interception that may be used;

    • (d) contain such terms and conditions as the judge considers advisable in the public interest; and

    • (e) be valid for the period, not exceeding sixty days, set out therein.

  • Marginal note:Persons designated

    (5) The Minister of Public Safety and Emergency Preparedness or the Attorney General, as the case may be, may designate a person or persons who may intercept private communications under authorizations.

  • Marginal note:Installation and removal of device

    (5.1) For greater certainty, an authorization that permits interception by means of an electro-magnetic, acoustic, mechanical or other device includes the authority to install, maintain or remove the device covertly.

  • Marginal note:Removal after expiry of authorization

    (5.2) On an ex parte application, in writing, supported by affidavit, the judge who gave an authorization referred to in subsection (5.1) or any other judge having jurisdiction to give such an authorization may give a further authorization for the covert removal of the electro-magnetic, acoustic, mechanical or other device after the expiry of the original authorization

    • (a) under any terms or conditions that the judge considers advisable in the public interest; and

    • (b) during any specified period of not more than sixty days.

  • Marginal note:Renewal of authorization

    (6) Renewals of an authorization may be given by a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 on receipt by him or her of an ex parte application in writing signed by the Attorney General of the province in which the application is made or the Minister of Public Safety and Emergency Preparedness — or an agent specially designated in writing for the purposes of section 185 by the Minister or the Attorney General, as the case may be — accompanied by an affidavit of a peace officer or public officer deposing to the following matters:

    • (a) the reason and period for which the renewal is required,

    • (b) full particulars, together with times and dates, when interceptions, if any, were made or attempted under the authorization, and any information that has been obtained by any interception, and

    • (c) the number of instances, if any, on which, to the knowledge and belief of the deponent, an application has been made under this subsection in relation to the same authorization and on which the application was withdrawn or no renewal was given, the date on which each application was made and the name of the judge to whom each application was made,

    and supported by such other information as the judge may require.

  • Marginal note:Renewal

    (7) A renewal of an authorization may be given if the judge to whom the application is made is satisfied that any of the circumstances described in subsection (1) still obtain, but no renewal shall be for a period exceeding sixty days.

  • R.S., 1985, c. C-46, s. 186;
  • 1993, c. 40, s. 6;
  • 1997, c. 23, s. 5;
  • 1999, c. 5, s. 5;
  • 2001, c. 32, s. 6, c. 41, ss. 6.1, 133;
  • 2005, c. 10, ss. 23, 34.
Marginal note:Time limitation in relation to criminal organizations and terrorism offences

 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;

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

  • (c) a terrorism offence.

  • 1997, c. 23, s. 6;
  • 2001, c. 32, s. 7, c. 41, ss. 7, 133.
Marginal note:Manner in which application to be kept secret
  •  (1) All documents relating to an application made pursuant to any provision of this Part are confidential and, subject to subsection (1.1), shall be placed in a packet and sealed by the judge to whom the application is made immediately on determination of the application, and that packet shall be kept in the custody of the court in a place to which the public has no access or in such other place as the judge may authorize and shall not be dealt with except in accordance with subsections (1.2) to (1.5).

  • Marginal note:Exception

    (1.1) An authorization given under this Part need not be placed in the packet except where, pursuant to subsection 184.3(7) or (8), the original authorization is in the hands of the judge, in which case that judge must place it in the packet and the facsimile remains with the applicant.

  • Marginal note:Opening for further applications

    (1.2) The sealed packet may be opened and its contents removed for the purpose of dealing with an application for a further authorization or with an application for renewal of an authorization.

  • Marginal note:Opening on order of judge

    (1.3) A provincial court judge, a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 may order that the sealed packet be opened and its contents removed for the purpose of copying and examining the documents contained in the packet.

  • Marginal note:Opening on order of trial judge

    (1.4) A judge or provincial court judge before whom a trial is to be held and who has jurisdiction in the province in which an authorization was given may order that the sealed packet be opened and its contents removed for the purpose of copying and examining the documents contained in the packet if

    • (a) any matter relevant to the authorization or any evidence obtained pursuant to the authorization is in issue in the trial; and

    • (b) the accused applies for such an order for the purpose of consulting the documents to prepare for trial.

  • Marginal note:Order for destruction of documents

    (1.5) Where a sealed packet is opened, its contents shall not be destroyed except pursuant to an order of a judge of the same court as the judge who gave the authorization.

  • Marginal note:Order of judge

    (2) An order under subsection (1.2), (1.3), (1.4) or (1.5) made with respect to documents relating to an application made pursuant to section 185 or subsection 186(6) or 196(2) may only be made after the Attorney General or the Minister of Public Safety and Emergency Preparedness by whom or on whose authority the application for the authorization to which the order relates was made has been given an opportunity to be heard.

  • Marginal note:Idem

    (3) An order under subsection (1.2), (1.3), (1.4) or (1.5) made with respect to documents relating to an application made pursuant to subsection 184.2(2) or section 184.3 may only be made after the Attorney General has been given an opportunity to be heard.

  • Marginal note:Editing of copies

    (4) Where a prosecution has been commenced and an accused applies for an order for the copying and examination of documents pursuant to subsection (1.3) or (1.4), the judge shall not, notwithstanding those subsections, provide any copy of any document to the accused until the prosecutor has deleted any part of the copy of the document that the prosecutor believes would be prejudicial to the public interest, including any part that the prosecutor believes could

    • (a) compromise the identity of any confidential informant;

    • (b) compromise the nature and extent of ongoing investigations;

    • (c) endanger persons engaged in particular intelligence-gathering techniques and thereby prejudice future investigations in which similar techniques would be used; or

    • (d) prejudice the interests of innocent persons.

  • Marginal note:Accused to be provided with copies

    (5) After the prosecutor has deleted the parts of the copy of the document to be given to the accused under subsection (4), the accused shall be provided with an edited copy of the document.

  • Marginal note:Original documents to be returned

    (6) After the accused has received an edited copy of a document, the prosecutor shall keep a copy of the original document, and an edited copy of the document and the original document shall be returned to the packet and the packet resealed.

  • Marginal note:Deleted parts

    (7) An accused to whom an edited copy of a document has been provided pursuant to subsection (5) may request that the judge before whom the trial is to be held order that any part of the document deleted by the prosecutor be made available to the accused, and the judge shall order that a copy of any part that, in the opinion of the judge, is required in order for the accused to make full answer and defence and for which the provision of a judicial summary would not be sufficient, be made available to the accused.

  • R.S., 1985, c. C-46, s. 187;
  • R.S., 1985, c. 27 (1st Supp.), s. 24;
  • 1993, c. 40, s. 7;
  • 2005, c. 10, s. 24.
Marginal note:Applications to specially appointed judges
  •  (1) Notwithstanding section 185, an application made under that section for an authorization may be made ex parte to a judge of a superior court of criminal jurisdiction, or a judge as defined in section 552, designated from time to time by the Chief Justice, by a peace officer specially designated in writing, by name or otherwise, for the purposes of this section by

    • (a) the Minister of Public Safety and Emergency Preparedness, if the offence is one in respect of which proceedings, if any, may be instituted by the Government of Canada and conducted by or on behalf of the Attorney General of Canada, or

    • (b) the Attorney General of a province, in respect of any other offence in the province,

    if the urgency of the situation requires interception of private communications to commence before an authorization could, with reasonable diligence, be obtained under section 186.

  • Marginal note:Authorizations in emergency

    (2) Where the judge to whom an application is made pursuant to subsection (1) is satisfied that the urgency of the situation requires that interception of private communications commence before an authorization could, with reasonable diligence, be obtained under section 186, he may, on such terms and conditions, if any, as he considers advisable, give an authorization in writing for a period of up to thirty-six hours.

  • (3) [Repealed, 1993, c. 40, s. 8]

  • Definition of “Chief Justice”

    (4) In this section, “Chief Justice” means

    • (a) in the Province of Ontario, the Chief Justice of the Ontario Court;

    • (b) in the Province of Quebec, the Chief Justice of the Superior Court;

    • (c) in the Provinces of Nova Scotia and British Columbia, the Chief Justice of the Supreme Court;

    • (d) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Chief Justice of the Court of Queen’s Bench;

    • (e) in the Provinces of Prince Edward Island and Newfoundland, the Chief Justice of the Supreme Court, Trial Division; and

    • (f) in Yukon, the Northwest Territories and Nunavut, the senior judge within the meaning of subsection 22(3) of the Judges Act.

  • Marginal note:Inadmissibility of evidence

    (5) The trial judge may deem inadmissible the evidence obtained by means of an interception of a private communication pursuant to a subsequent authorization given under this section, where he finds that the application for the subsequent authorization was based on the same facts, and involved the interception of the private communications of the same person or persons, or related to the same offence, on which the application for the original authorization was based.

  • R.S., 1985, c. C-46, s. 188;
  • R.S., 1985, c. 27 (1st Supp.), ss. 25, 185(F), c. 27 (2nd Supp.), s. 10;
  • 1990, c. 17, s. 10;
  • 1992, c. 1, s. 58, c. 51, s. 35;
  • 1993, c. 40, s. 8;
  • 1999, c. 3, s. 28;
  • 2002, c. 7, s. 140;
  • 2005, c. 10, s. 34.
Marginal note:Execution of authorizations
  •  (1) Subject to subsection (2), the interception of a private communication authorized pursuant to section 184.2, 184.3, 186 or 188 may be carried out anywhere in Canada.

  • Marginal note:Execution in another province

    (2) Where an authorization is given under section 184.2, 184.3, 186 or 188 in one province but it may reasonably be expected that it is to be executed in another province and the execution of the authorization would require entry into or upon the property of any person in the other province or would require that an order under section 487.02 be made with respect to any person in that other province, a judge in the other province may, on application, confirm the authorization and when the authorization is so confirmed, it shall have full force and effect in that other province as though it had originally been given in that other province.

  • 1993, c. 40, s. 9.
Marginal note:No civil or criminal liability

 No person who acts in accordance with an authorization or under section 184.1 or 184.4 or who aids, in good faith, a person who he or she believes on reasonable grounds is acting in accordance with an authorization or under one of those sections incurs any criminal or civil liability for anything reasonably done further to the authorization or to that section.

  • 1993, c. 40, s. 9.
  •  (1) to (4) [Repealed, 1993, c. 40, s. 10]

  • Marginal note:Notice of intention to produce evidence

    (5) The contents of a private communication that is obtained from an interception of the private communication pursuant to any provision of, or pursuant to an authorization given under, this Part shall not be received in evidence unless the party intending to adduce it has given to the accused reasonable notice of the intention together with

    • (a) a transcript of the private communication, where it will be adduced in the form of a recording, or a statement setting out full particulars of the private communication, where evidence of the private communication will be given viva voce; and

    • (b) a statement respecting the time, place and date of the private communication and the parties thereto, if known.

  • Marginal note:Privileged evidence

    (6) Any information obtained by an interception that, but for the interception, would have been privileged remains privileged and inadmissible as evidence without the consent of the person enjoying the privilege.

  • R.S., 1985, c. C-46, s. 189;
  • 1993, c. 40, s. 10.
Marginal note:Further particulars

 Where an accused has been given notice pursuant to subsection 189(5), any judge of the court in which the trial of the accused is being or is to be held may at any time order that further particulars be given of the private communication that is intended to be adduced in evidence.

  • 1973-74, c. 50, s. 2.
Marginal note:Possession, etc.
  •  (1) Every one who possesses, sells or purchases any electro-magnetic, acoustic, mechanical or other device or any component thereof knowing that the design thereof renders it primarily useful for surreptitious interception of private communications is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

  • Marginal note:Exemptions

    (2) Subsection (1) does not apply to

    • (a) a police officer or police constable in possession of a device or component described in subsection (1) in the course of his employment;

    • (b) a person in possession of such a device or component for the purpose of using it in an interception made or to be made in accordance with an authorization;

    • (b.1) a person in possession of such a device or component under the direction of a police officer or police constable in order to assist that officer or constable in the course of his duties as a police officer or police constable;

    • (c) an officer or a servant of Her Majesty in right of Canada or a member of the Canadian Forces in possession of such a device or component in the course of his duties as such an officer, servant or member, as the case may be; and

    • (d) any other person in possession of such a device or component under the authority of a licence issued by the Minister of Public Safety and Emergency Preparedness.

  • Marginal note:Terms and conditions of licence

    (3) A licence issued for the purpose of paragraph (2)(d) may contain such terms and conditions relating to the possession, sale or purchase of a device or component described in subsection (1) as the Minister of Public Safety and Emergency Preparedness may prescribe.

  • R.S., 1985, c. C-46, s. 191;
  • R.S., 1985, c. 27 (1st Supp.), s. 26;
  • 2005, c. 10, s. 34.
Marginal note:Forfeiture
  •  (1) Where a person is convicted of an offence under section 184 or 191, any electro-magnetic, acoustic, mechanical or other device by means of which the offence was committed or the possession of which constituted the offence, on the conviction, in addition to any punishment that is imposed, may be ordered forfeited to Her Majesty whereupon it may be disposed of as the Attorney General directs.

  • Marginal note:Limitation

    (2) No order for forfeiture shall be made under subsection (1) in respect of telephone, telegraph or other communication facilities or equipment owned by a person engaged in providing telephone, telegraph or other communication service to the public or forming part of the telephone, telegraph or other communication service or system of that person by means of which an offence under section 184 has been committed if that person was not a party to the offence.

  • 1973-74, c. 50, s. 2.
Marginal note:Disclosure of information
  •  (1) Where a private communication has been intercepted by means of an electro-magnetic, acoustic, mechanical or other device without the consent, express or implied, of the originator thereof or of the person intended by the originator thereof to receive it, every one who, without the express consent of the originator thereof or of the person intended by the originator thereof to receive it, wilfully

    • (a) uses or discloses the private communication or any part thereof or the substance, meaning or purport thereof or of any part thereof, or

    • (b) discloses the existence thereof,

    is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

  • Marginal note:Exemptions

    (2) Subsection (1) does not apply to a person who discloses a private communication or any part thereof or the substance, meaning or purport thereof or of any part thereof or who discloses the existence of a private communication

    • (a) in the course of or for the purpose of giving evidence in any civil or criminal proceedings or in any other proceedings in which the person may be required to give evidence on oath;

    • (b) in the course of or for the purpose of any criminal investigation if the private communication was lawfully intercepted;

    • (c) in giving notice under section 189 or furnishing further particulars pursuant to an order under section 190;

    • (d) in the course of the operation of

      • (i) a telephone, telegraph or other communication service to the public,

      • (ii) a department or an agency of the Government of Canada, or

      • (iii) services relating to the management or protection of a computer system, as defined in subsection 342.1(2),

      if the disclosure is necessarily incidental to an interception described in paragraph 184(2)(c), (d) or (e);

    • (e) where disclosure is made to a peace officer or prosecutor in Canada or to a person or authority with responsibility in a foreign state for the investigation or prosecution of offences and is intended to be in the interests of the administration of justice in Canada or elsewhere; or

    • (f) where the disclosure is made to the Director of the Canadian Security Intelligence Service or to an employee of the Service for the purpose of enabling the Service to perform its duties and functions under section 12 of the Canadian Security Intelligence Service Act.

  • Marginal note:Publishing of prior lawful disclosure

    (3) Subsection (1) does not apply to a person who discloses a private communication or any part thereof or the substance, meaning or purport thereof or of any part thereof or who discloses the existence of a private communication where that which is disclosed by him was, prior to the disclosure, lawfully disclosed in the course of or for the purpose of giving evidence in proceedings referred to in paragraph (2)(a).

  • R.S., 1985, c. C-46, s. 193;
  • R.S., 1985, c. 30 (4th Supp.), s. 45;
  • 1993, c. 40, s. 11;
  • 2004, c. 12, s. 5.
Marginal note:Disclosure of information received from interception of radio-based telephone communications
  •  (1) Every person who wilfully uses or discloses a radio-based telephone communication or who wilfully discloses the existence of such a communication is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years, if

    • (a) the originator of the communication or the person intended by the originator of the communication to receive it was in Canada when the communication was made;

    • (b) the communication was intercepted by means of an electromagnetic, acoustic, mechanical or other device without the consent, express or implied, of the originator of the communication or of the person intended by the originator to receive the communication; and

    • (c) the person does not have the express or implied consent of the originator of the communication or of the person intended by the originator to receive the communication.

  • Marginal note:Other provisions to apply

    (2) Subsections 193(2) and (3) apply, with such modifications as the circumstances require, to disclosures of radio-based telephone communications.

  • 1993, c. 40, s. 12.
Marginal note:Damages
  •  (1) Subject to subsection (2), a court that convicts an accused of an offence under section 184, 184.5, 193 or 193.1 may, on the application of a person aggrieved, at the time sentence is imposed, order the accused to pay to that person an amount not exceeding five thousand dollars as punitive damages.

  • Marginal note:No damages where civil proceedings commenced

    (2) No amount shall be ordered to be paid under subsection (1) to a person who has commenced an action under Part II of the Crown Liability Act.

  • Marginal note:Judgment may be registered

    (3) Where an amount that is ordered to be paid under subsection (1) is not paid forthwith, the applicant may, by filing the order, enter as a judgment, in the superior court of the province in which the trial was held, the amount ordered to be paid, and that judgment is enforceable against the accused in the same manner as if it were a judgment rendered against the accused in that court in civil proceedings.

  • Marginal note:Moneys in possession of accused may be taken

    (4) All or any part of an amount that is ordered to be paid under subsection (1) may be taken out of moneys found in the possession of the accused at the time of his arrest, except where there is a dispute respecting ownership of or right of possession to those moneys by claimants other than the accused.

  • R.S., 1985, c. C-46, s. 194;
  • 1993, c. 40, s. 13.
Marginal note:Annual report
  •  (1) The Minister of Public Safety and Emergency Preparedness shall, as soon as possible after the end of each year, prepare a report relating to

    • (a) authorizations for which he and agents to be named in the report who were specially designated in writing by him for the purposes of section 185 made application, and

    • (b) authorizations given under section 188 for which peace officers to be named in the report who were specially designated by him for the purposes of that section made application,

    and interceptions made thereunder in the immediately preceding year.

  • Marginal note:Information respecting authorizations

    (2) The report referred to in subsection (1) shall, in relation to authorizations and interceptions made thereunder, set out

    • (a) the number of applications made for authorizations;

    • (b) the number of applications made for renewal of authorizations;

    • (c) the number of applications referred to in paragraphs (a) and (b) that were granted, the number of those applications that were refused and the number of applications referred to in paragraph (a) that were granted subject to terms and conditions;

    • (d) the number of persons identified in an authorization against whom proceedings were commenced at the instance of the Attorney General of Canada in respect of

      • (i) an offence specified in the authorization,

      • (ii) an offence other than an offence specified in the authorization but in respect of which an authorization may be given, and

      • (iii) an offence in respect of which an authorization may not be given;

    • (e) the number of persons not identified in an authorization against whom proceedings were commenced at the instance of the Attorney General of Canada in respect of

      • (i) an offence specified in such an authorization,

      • (ii) an offence other than an offence specified in such an authorization but in respect of which an authorization may be given, and

      • (iii) an offence other than an offence specified in such an authorization and for which no such authorization may be given,

      and whose commission or alleged commission of the offence became known to a peace officer as a result of an interception of a private communication under an authorization;

    • (f) the average period for which authorizations were given and for which renewals thereof were granted;

    • (g) the number of authorizations that, by virtue of one or more renewals thereof, were valid for more than sixty days, for more than one hundred and twenty days, for more than one hundred and eighty days and for more than two hundred and forty days;

    • (h) the number of notifications given pursuant to section 196;

    • (i) the offences in respect of which authorizations were given, specifying the number of authorizations given in respect of each of those offences;

    • (j) a description of all classes of places specified in authorizations and the number of authorizations in which each of those classes of places was specified;

    • (k) a general description of the methods of interception involved in each interception under an authorization;

    • (l) the number of persons arrested whose identity became known to a peace officer as a result of an interception under an authorization;

    • (m) the number of criminal proceedings commenced at the instance of the Attorney General of Canada in which private communications obtained by interception under an authorization were adduced in evidence and the number of those proceedings that resulted in a conviction; and

    • (n) the number of criminal investigations in which information obtained as a result of the interception of a private communication under an authorization was used although the private communication was not adduced in evidence in criminal proceedings commenced at the instance of the Attorney General of Canada as a result of the investigations.

  • Marginal note:Other information

    (3) The report referred to in subsection (1) shall, in addition to the information referred to in subsection (2), set out

    • (a) the number of prosecutions commenced against officers or servants of Her Majesty in right of Canada or members of the Canadian Forces for offences under section 184 or 193; and

    • (b) a general assessment of the importance of interception of private communications for the investigation, detection, prevention and prosecution of offences in Canada.

  • Marginal note:Report to be laid before Parliament

    (4) The Minister of Public Safety and Emergency Preparedness shall cause a copy of each report prepared by him under subsection (1) to be laid before Parliament forthwith on completion thereof, or if Parliament is not then sitting, on any of the first fifteen days next thereafter that Parliament is sitting.

  • Marginal note:Report by Attorneys General

    (5) The Attorney General of each province shall, as soon as possible after the end of each year, prepare and publish or otherwise make available to the public a report relating to

    • (a) authorizations for which he and agents specially designated in writing by him for the purposes of section 185 made application, and

    • (b) authorizations given under section 188 for which peace officers specially designated by him for the purposes of that section made application,

    and interceptions made thereunder in the immediately preceding year setting out, with such modifications as the circumstances require, the information described in subsections (2) and (3).

  • R.S., 1985, c. C-46, s. 195;
  • R.S., 1985, c. 27 (1st Supp.), s. 27;
  • 2005, c. 10, s. 34.
Marginal note:Written notification to be given
  •  (1) The Attorney General of the province in which an application under subsection 185(1) was made or the Minister of Public Safety and Emergency Preparedness if the application was made by or on behalf of that Minister shall, within 90 days after the period for which the authorization was given or renewed or within such other period as is fixed pursuant to subsection 185(3) or subsection (3) of this section, notify in writing the person who was the object of the interception pursuant to the authorization and shall, in a manner prescribed by regulations made by the Governor in Council, certify to the court that gave the authorization that the person has been so notified.

  • Marginal note:Extension of period for notification

    (2) The running of the 90 days referred to in subsection (1), or of any other period fixed pursuant to subsection 185(3) or subsection (3) of this section, is suspended until any application made by the Attorney General or the Minister to a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 for an extension or a subsequent extension of the period for which the authorization was given or renewed has been heard and disposed of.

  • Marginal note:Where extension to be granted

    (3) Where the judge to whom an application referred to in subsection (2) is made, on the basis of an affidavit submitted in support of the application, is satisfied that

    • (a) the investigation of the offence to which the authorization relates, or

    • (b) a subsequent investigation of an offence listed in section 183 commenced as a result of information obtained from the investigation referred to in paragraph (a),

    is continuing 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, each extension not to exceed three years.

  • Marginal note:Application to be accompanied by affidavit

    (4) An application pursuant to subsection (2) shall be accompanied by an affidavit deposing to

    • (a) the facts known or believed by the deponent and relied on to justify the belief that an extension should be granted; and

    • (b) the number of instances, if any, on which an application has, to the knowledge or belief of the deponent, been made under that subsection in relation to the particular authorization and on which the application was withdrawn or the application was not granted, the date on which each application was made and the judge to whom each application was made.

  • Marginal note:Exception for criminal organizations and terrorist groups

    (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,

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

    • (c) a terrorism offence,

    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.

  • R.S., 1985, c. C-46, s. 196;
  • R.S., 1985, c. 27 (1st Supp.), s. 28;
  • 1993, c. 40, s. 14;
  • 1997, c. 23, s. 7;
  • 2001, c. 32, s. 8, c. 41, ss. 8, 133;
  • 2005, c. 10, s. 25.

PART VIIDISORDERLY HOUSES, GAMING AND BETTING

Interpretation

Marginal note:Definitions
  •  (1) In this Part,

    “bet”

    « pari »

    “bet” means a bet that is placed on any contingency or event that is to take place in or out of Canada, and without restricting the generality of the foregoing, includes a bet that is placed on any contingency relating to a horse-race, fight, match or sporting event that is to take place in or out of Canada;

    “common bawdy-house”

    « maison de débauche »

    “common bawdy-house” means a place that is

    • (a) kept or occupied, or

    • (b) resorted to by one or more persons

    for the purpose of prostitution or the practice of acts of indecency;

    “common betting house”

    « maison de pari »

    “common betting house” means a place that is opened, kept or used for the purpose of

    • (a) enabling, encouraging or assisting persons who resort thereto to bet between themselves or with the keeper, or

    • (b) enabling any person to receive, record, register, transmit or pay bets or to announce the results of betting;

    “common gaming house”

    « maison de jeu »

    “common gaming house” means a place that is

    • (a) kept for gain to which persons resort for the purpose of playing games, or

    • (b) kept or used for the purpose of playing games

      • (i) in which a bank is kept by one or more but not all of the players,

      • (ii) in which all or any portion of the bets on or proceeds from a game is paid, directly or indirectly, to the keeper of the place,

      • (iii) in which, directly or indirectly, a fee is charged to or paid by the players for the privilege of playing or participating in a game or using gaming equipment, or

      • (iv) in which the chances of winning are not equally favourable to all persons who play the game, including the person, if any, who conducts the game;

    “disorderly house”

    « maison de désordre »

    “disorderly house” means a common bawdy-house, a common betting house or a common gaming house;

    “game”

    « jeu »

    “game” means a game of chance or mixed chance and skill;

    “gaming equipment”

    « matériel de jeu »

    “gaming equipment” means anything that is or may be used for the purpose of playing games or for betting;

    “keeper”

    « tenancier »

    “keeper” includes a person who

    • (a) is an owner or occupier of a place,

    • (b) assists or acts on behalf of an owner or occupier of a place,

    • (c) appears to be, or to assist or act on behalf of an owner or occupier of a place,

    • (d) has the care or management of a place, or

    • (e) uses a place permanently or temporarily, with or without the consent of the owner or occupier thereof;

    “place”

    « local » ou « endroit »

    “place” includes any place, whether or not

    • (a) it is covered or enclosed,

    • (b) it is used permanently or temporarily, or

    • (c) any person has an exclusive right of user with respect to it;

    “prostitute”

    « prostitué »

    “prostitute” means a person of either sex who engages in prostitution;

    “public place”

    « endroit public »

    “public place” includes any place to which the public have access as of right or by invitation, express or implied.

  • Marginal note:Exception

    (2) A place is not a common gaming house within the meaning of paragraph (a) or subparagraph (b)(ii) or (iii) of the definition “common gaming house” in subsection (1) while it is occupied and used by an incorporated genuine social club or branch thereof, if

    • (a) the whole or any portion of the bets on or proceeds from games played therein is not directly or indirectly paid to the keeper thereof; and

    • (b) no fee is charged to persons for the right or privilege of participating in the games played therein other than under the authority of and in accordance with the terms of a licence issued by the Attorney General of the province in which the place is situated or by such other person or authority in the province as may be specified by the Attorney General thereof.

  • Marginal note:Onus

    (3) The onus of proving that, by virtue of subsection (2), a place is not a common gaming house is on the accused.

  • Marginal note:Effect when game partly played on premises

    (4) A place may be a common gaming house notwithstanding that

    • (a) it is used for the purpose of playing part of a game and another part of the game is played elsewhere;

    • (b) the stake that is played for is in some other place; or

    • (c) it is used on only one occasion in the manner described in paragraph (b) of the definition “common gaming house” in subsection (1), if the keeper or any person acting on behalf of or in concert with the keeper has used another place on another occasion in the manner described in that paragraph.

  • R.S., 1985, c. C-46, s. 197;
  • R.S., 1985, c. 27 (1st Supp.), s. 29.

Presumptions

Marginal note:Presumptions
  •  (1) In proceedings under this Part,

    • (a) evidence that a peace officer who was authorized to enter a place was wilfully prevented from entering or was wilfully obstructed or delayed in entering is, in the absence of any evidence to the contrary, proof that the place is a disorderly house;

    • (b) evidence that a place was found to be equipped with gaming equipment or any device for concealing, removing or destroying gaming equipment is, in the absence of any evidence to the contrary, proof that the place is a common gaming house or a common betting house, as the case may be;

    • (c) evidence that gaming equipment was found in a place entered under a warrant issued pursuant to this Part, or on or about the person of anyone found therein, is, in the absence of any evidence to the contrary, proof that the place is a common gaming house and that the persons found therein were playing games, whether or not any person acting under the warrant observed any persons playing games therein; and

    • (d) evidence that a person was convicted of keeping a disorderly house is, for the purpose of proceedings against any one who is alleged to have been an inmate or to have been found in that house at the time the person committed the offence of which he was convicted, in the absence of any evidence to the contrary, proof that the house was, at that time, a disorderly house.

  • Marginal note:Conclusive presumption from slot machine

    (2) For the purpose of proceedings under this Part, a place that is found to be equipped with a slot machine shall be conclusively presumed to be a common gaming house.

  • Definition of “slot machine”

    (3) In subsection (2), “slot machine” means any automatic machine or slot machine

    • (a) that is used or intended to be used for any purpose other than vending merchandise or services, or

    • (b) that is used or intended to be used for the purpose of vending merchandise or services if

      • (i) the result of one of any number of operations of the machine is a matter of chance or uncertainty to the operator,

      • (ii) as a result of a given number of successive operations by the operator the machine produces different results, or

      • (iii) on any operation of the machine it discharges or emits a slug or token,

    but does not include an automatic machine or slot machine that dispenses as prizes only one or more free games on that machine.

  • R.S., c. C-34, s. 180;
  • 1974-75-76, c. 93, s. 10.

Search

Marginal note:Warrant to search
  •  (1) A justice who is satisfied by information on oath that there are reasonable grounds to believe that an offence under section 201, 202, 203, 206, 207 or 210 is being committed at any place within the jurisdiction of the justice may issue a warrant authorizing a peace officer to enter and search the place by day or night and seize anything found therein that may be evidence that an offence under section 201, 202, 203, 206, 207 or 210, as the case may be, is being committed at that place, and to take into custody all persons who are found in or at that place and requiring those persons and things to be brought before that justice or before another justice having jurisdiction, to be dealt with according to law.

  • Marginal note:Search without warrant, seizure and arrest

    (2) A peace officer may, whether or not he is acting under a warrant issued pursuant to this section, take into custody any person whom he finds keeping a common gaming house and any person whom he finds therein, and may seize anything that may be evidence that such an offence is being committed and shall bring those persons and things before a justice having jurisdiction, to be dealt with according to law.

  • Marginal note:Disposal of property seized

    (3) Except where otherwise expressly provided by law, a court, judge, justice or provincial court judge before whom anything that is seized under this section is brought may declare that the thing is forfeited, in which case it shall be disposed of or dealt with as the Attorney General may direct if no person shows sufficient cause why it should not be forfeited.

  • Marginal note:When declaration or direction may be made

    (4) No declaration or direction shall be made pursuant to subsection (3) in respect of anything seized under this section until

    • (a) it is no longer required as evidence in any proceedings that are instituted pursuant to the seizure; or

    • (b) the expiration of thirty days from the time of seizure where it is not required as evidence in any proceedings.

  • Marginal note:Conversion into money

    (5) The Attorney General may, for the purpose of converting anything forfeited under this section into money, deal with it in all respects as if he were the owner thereof.

  • Marginal note:Telephones exempt from seizure

    (6) Nothing in this section or in section 489 authorizes the seizure, forfeiture or destruction of telephone, telegraph or other communication facilities or equipment that may be evidence of or that may have been used in the commission of an offence under section 201, 202, 203, 206, 207 or 210 and that is owned by a person engaged in providing telephone, telegraph or other communication service to the public or forming part of the telephone, telegraph or other communication service or system of that person.

  • Marginal note:Exception

    (7) Subsection (6) does not apply to prohibit the seizure, for use as evidence, of any facility or equipment described in that subsection that is designed or adapted to record a communication.

  • R.S., 1985, c. C-46, s. 199;
  • R.S., 1985, c. 27 (1st Supp.), s. 203;
  • 1994, c. 44, s. 10.

Obstruction

 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 30]

Gaming and Betting

Marginal note:Keeping gaming or betting house
  •  (1) Every one who keeps a common gaming house or common betting house is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

  • Marginal note:Person found in or owner permitting use

    (2) Every one who

    • (a) is found, without lawful excuse, in a common gaming house or common betting house, or

    • (b) as owner, landlord, lessor, tenant, occupier or agent, knowingly permits a place to be let or used for the purposes of a common gaming house or common betting house,

    is guilty of an offence punishable on summary conviction.

  • R.S., c. C-34, s. 185.
Marginal note:Betting, pool-selling, book-making, etc.
  •  (1) Every one commits an offence who

    • (a) uses or knowingly allows a place under his control to be used for the purpose of recording or registering bets or selling a pool;

    • (b) imports, makes, buys, sells, rents, leases, hires or keeps, exhibits, employs or knowingly allows to be kept, exhibited or employed in any place under his control any device or apparatus for the purpose of recording or registering bets or selling a pool, or any machine or device for gambling or betting;

    • (c) has under his control any money or other property relating to a transaction that is an offence under this section;

    • (d) records or registers bets or sells a pool;

    • (e) engages in book-making or pool-selling, or in the business or occupation of betting, or makes any agreement for the purchase or sale of betting or gaming privileges, or for the purchase or sale of information that is intended to assist in book-making, pool-selling or betting;

    • (f) prints, provides or offers to print or provide information intended for use in connection with book-making, pool-selling or betting on any horse-race, fight, game or sport, whether or not it takes place in or outside Canada or has or has not taken place;

    • (g) imports or brings into Canada any information or writing that is intended or is likely to promote or be of use in gambling, book-making, pool-selling or betting on a horse-race, fight, game or sport, and where this paragraph applies it is immaterial

      • (i) whether the information is published before, during or after the race, fight game or sport, or

      • (ii) whether the race, fight, game or sport takes place in Canada or elsewhere,

      but this paragraph does not apply to a newspaper, magazine or other periodical published in good faith primarily for a purpose other than the publication of such information;

    • (h) advertises, prints, publishes, exhibits, posts up, or otherwise gives notice of any offer, invitation or inducement to bet on, to guess or to foretell the result of a contest, or a result of or contingency relating to any contest;

    • (i) wilfully and knowingly sends, transmits, delivers or receives any message that conveys any information relating to book-making, pool-selling, betting or wagering, or that is intended to assist in book-making, pool-selling, betting or wagering; or

    • (j) aids or assists in any manner in anything that is an offence under this section.

  • Marginal note:Punishment

    (2) Every one who commits an offence under this section is guilty of an indictable offence and liable

    • (a) for a first offence, to imprisonment for not more than two years;

    • (b) for a second offence, to imprisonment for not more than two years and not less than fourteen days; and

    • (c) for each subsequent offence, to imprisonment for not more than two years and not less than three months.

  • R.S., 1985, c. C-46, s. 202;
  • 2008, c. 18, s. 5.
Marginal note:Placing bets on behalf of others

 Every one who

  • (a) places or offers or agrees to place a bet on behalf of another person for a consideration paid or to be paid by or on behalf of that other person,

  • (b) engages in the business or practice of placing or agreeing to place bets on behalf of other persons, whether for a consideration or otherwise, or

  • (c) holds himself out or allows himself to be held out as engaging in the business or practice of placing or agreeing to place bets on behalf of other persons, whether for a consideration or otherwise,

is guilty of an indictable offence and liable

  • (d) for a first offence, to imprisonment for not more than two years,

  • (e) for a second offence, to imprisonment for not more than two years and not less than fourteen days, and

  • (f) for each subsequent offence, to imprisonment for not more than two years and not less than three months.

  • R.S., c. C-34, s. 187;
  • 1974-75-76, c. 93, s. 11.
Marginal note:Exemption
  •  (1) Sections 201 and 202 do not apply to

    • (a) any person or association by reason of his or their becoming the custodian or depository of any money, property or valuable thing staked, to be paid to

      • (i) the winner of a lawful race, sport, game or exercise,

      • (ii) the owner of a horse engaged in a lawful race, or

      • (iii) the winner of any bets between not more than ten individuals;

    • (b) a private bet between individuals not engaged in any way in the business of betting;

    • (c) bets made or records of bets made through the agency of a pari-mutuel system on running, trotting or pacing horse-races if

      • (i) the bets or records of bets are made on the race-course of an association in respect of races conducted at that race-course or another race-course in or out of Canada, and, in the case of a race conducted on a race-course situated outside Canada, the governing body that regulates the race has been certified as acceptable by the Minister of Agriculture and Agri-Food or a person designated by that Minister pursuant to subsection (8.1) and that Minister or person has permitted pari-mutuel betting in Canada on the race pursuant to that subsection, and

      • (ii) the provisions of this section and the regulations are complied with.

  • Marginal note:Exception

    (1.1) For greater certainty, a person may, in accordance with the regulations, do anything described in section 201 or 202, if the person does it for the purposes of legal pari-mutuel betting.

  • Marginal note:Presumption

    (2) For the purposes of paragraph (1)(c), bets made, in accordance with the regulations, in a betting theatre referred to in paragraph (8)(e), or by any means of telecommunication to the race-course of an association or to such a betting theatre, are deemed to be made on the race-course of the association.

  • Marginal note:Operation of pari-mutuel system

    (3) No person or association shall use a pari-mutuel system of betting in respect of a horse-race unless the system has been approved by and its operation is carried on under the supervision of an officer appointed by the Minister of Agriculture and Agri-Food.

  • Marginal note:Supervision of pari-mutuel system

    (4) Every person or association operating a pari-mutuel system of betting in accordance with this section in respect of a horse-race, whether or not the person or association is conducting the race-meeting at which the race is run, shall pay to the Receiver General in respect of each individual pool of the race and each individual feature pool one-half of one per cent, or such greater fraction not exceeding one per cent as may be fixed by the Governor in Council, of the total amount of money that is bet through the agency of the pari-mutuel system of betting.

  • Marginal note:Percentage that may be deducted and retained

    (5) Where any person or association becomes a custodian or depository of any money, bet or stakes under a pari-mutuel system in respect of a horse-race, that person or association shall not deduct or retain any amount from the total amount of money, bets or stakes unless it does so pursuant to subsection (6).

  • Marginal note:Percentage that may be deducted and retained

    (6) An association operating a pari-mutuel system of betting in accordance with this section in respect of a horse-race, or any other association or person acting on its behalf, may deduct and retain from the total amount of money that is bet through the agency of the pari-mutuel system, in respect of each individual pool of each race or each individual feature pool, a percentage not exceeding the percentage prescribed by the regulations plus any odd cents over any multiple of five cents in the amount calculated in accordance with the regulations to be payable in respect of each dollar bet.

  • Marginal note:Stopping of betting

    (7) Where an officer appointed by the Minister of Agriculture and Agri-Food is not satisfied that the provisions of this section and the regulations are being carried out in good faith by any person or association in relation to a race meeting, he may, at any time, order any betting in relation to the race meeting to be stopped for any period that he considers proper.

  • Marginal note:Regulations

    (8) The Minister of Agriculture and Agri-Food may make regulations

    • (a) prescribing the maximum number of races for each race-course on which a race meeting is conducted, in respect of which a pari-mutuel system of betting may be used for the race meeting or on any one calendar day during the race meeting, and the circumstances in which the Minister of Agriculture and Agri-Food or a person designated by him for that purpose may approve of the use of that system in respect of additional races on any race-course for a particular race meeting or on a particular day during the race meeting;

    • (b) prohibiting any person or association from using a pari-mutuel system of betting for any race-course on which a race meeting is conducted in respect of more than the maximum number of races prescribed pursuant to paragraph (a) and the additional races, if any, in respect of which the use of a pari-mutuel system of betting has been approved pursuant to that paragraph;

    • (c) prescribing the maximum percentage that may be deducted and retained pursuant to subsection (6) by or on behalf of a person or association operating a pari-mutuel system of betting in respect of a horse-race in accordance with this section and providing for the determination of the percentage that each such person or association may deduct and retain;

    • (d) respecting pari-mutuel betting in Canada on horse-races conducted on a race-course situated outside Canada; and

    • (e) authorizing pari-mutuel betting and governing the conditions for pari-mutuel betting, including the granting of licences therefor, that is conducted by an association in a betting theatre owned or leased by the association in a province in which the Lieutenant Governor in Council, or such other person or authority in the province as may be specified by the Lieutenant Governor in Council thereof, has issued a licence to that association for the betting theatre.

  • Marginal note:Approvals

    (8.1) The Minister of Agriculture and Agri-Food or a person designated by that Minister may, with respect to a horse-race conducted on a race-course situated outside Canada,

    • (a) certify as acceptable, for the purposes of this section, the governing body that regulates the race; and

    • (b) permit pari-mutuel betting in Canada on the race.

  • Marginal note:Idem

    (9) The Minister of Agriculture and Agri-Food may make regulations respecting

    • (a) the supervision and operation of pari-mutuel systems related to race meetings, and the fixing of the dates on which and the places at which an association may conduct those meetings;

    • (b) the method of calculating the amount payable in respect of each dollar bet;

    • (c) the conduct of race-meetings in relation to the supervision and operation of pari-mutuel systems, including photo-finishes, video patrol and the testing of bodily substances taken from horses entered in a race at such meetings, including, in the case of a horse that dies while engaged in racing or immediately before or after the race, the testing of any tissue taken from its body;

    • (d) the prohibition, restriction or regulation of

      • (i) the possession of drugs or medicaments or of equipment used in the administering of drugs or medicaments at or near race-courses, or

      • (ii) the administering of drugs or medicaments to horses participating in races run at a race meeting during which a pari-mutuel system of betting is used; and

    • (e) the provision, equipment and maintenance of accommodation, services or other facilities for the proper supervision and operation of pari-mutuel systems related to race meetings, by associations conducting those meetings or by other associations.

  • Marginal note:900 metre zone

    (9.1) For the purposes of this section, the Minister of Agriculture and Agri-Food may designate, with respect to any race-course, a zone that shall be deemed to be part of the race-course, if

    • (a) the zone is immediately adjacent to the race-course;

    • (b) the farthest point of that zone is not more than 900 metres from the nearest point on the race track of the race-course; and

    • (c) all real property situated in that zone is owned or leased by the person or association that owns or leases the race-course.

  • Marginal note:Contravention

    (10) Every person who contravenes or fails to comply with any of the provisions of this section or of any regulations made under this section is guilty of

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

    • (b) an offence punishable on summary conviction.

  • Marginal note:Definition of “association”

    (11) For the purposes of this section, “association” means an association incorporated by or pursuant to an Act of Parliament or of the legislature of a province that owns or leases a race-course and conducts horse-races in the ordinary course of its business and, to the extent that the applicable legislation requires that the purposes of the association be expressly stated in its constating instrument, having as one of its purposes the conduct of horse-races.

  • R.S., 1985, c. C-46, s. 204;
  • R.S., 1985, c. 47 (1st Supp.), s. 1;
  • 1989, c. 2, s. 1;
  • 1994, c. 38, ss. 14, 25;
  • 2008, c. 18, s. 6.

 [Repealed, R.S., 1985, c. 52 (1st Supp.), s. 1]

Marginal note:Offence in relation to lotteries and games of chance
  •  (1) Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years who

    • (a) makes, prints, advertises or publishes, or causes or procures to be made, printed, advertised or published, any proposal, scheme or plan for advancing, lending, giving, selling or in any way disposing of any property by lots, cards, tickets or any mode of chance whatever;

    • (b) sells, barters, exchanges or otherwise disposes of, or causes or procures, or aids or assists in, the sale, barter, exchange or other disposal of, or offers for sale, barter or exchange, any lot, card, ticket or other means or device for advancing, lending, giving, selling or otherwise disposing of any property by lots, tickets or any mode of chance whatever;

    • (c) knowingly sends, transmits, mails, ships, delivers or allows to be sent, transmitted, mailed, shipped or delivered, or knowingly accepts for carriage or transport or conveys any article that is used or intended for use in carrying out any device, proposal, scheme or plan for advancing, lending, giving, selling or otherwise disposing of any property by any mode of chance whatever;

    • (d) conducts or manages any scheme, contrivance or operation of any kind for the purpose of determining who, or the holders of what lots, tickets, numbers or chances, are the winners of any property so proposed to be advanced, lent, given, sold or disposed of;

    • (e) conducts, manages or is a party to any scheme, contrivance or operation of any kind by which any person, on payment of any sum of money, or the giving of any valuable security, or by obligating himself to pay any sum of money or give any valuable security, shall become entitled under the scheme, contrivance or operation to receive from the person conducting or managing the scheme, contrivance or operation, or any other person, a larger sum of money or amount of valuable security than the sum or amount paid or given, or to be paid or given, by reason of the fact that other persons have paid or given, or obligated themselves to pay or give any sum of money or valuable security under the scheme, contrivance or operation;

    • (f) disposes of any goods, wares or merchandise by any game of chance or any game of mixed chance and skill in which the contestant or competitor pays money or other valuable consideration;

    • (g) induces any person to stake or hazard any money or other valuable property or thing on the result of any dice game, three-card monte, punch board, coin table or on the operation of a wheel of fortune;

    • (h) for valuable consideration carries on or plays or offers to carry on or to play, or employs any person to carry on or play in a public place or a place to which the public have access, the game of three-card monte;

    • (i) receives bets of any kind on the outcome of a game of three-card monte; or

    • (j) being the owner of a place, permits any person to play the game of three-card monte therein.

  • Definition of “three-card monte”

    (2) In this section, “three-card monte” means the game commonly known as three-card monte and includes any other game that is similar to it, whether or not the game is played with cards and notwithstanding the number of cards or other things that are used for the purpose of playing.

  • Marginal note:Exemption for fairs

    (3) Paragraphs (1)(f) and (g), in so far as they do not relate to a dice game, three-card monte, punch board or coin table, do not apply to the board of an annual fair or exhibition, or to any operator of a concession leased by that board within its own grounds and operated during the fair or exhibition on those grounds.

  • Definition of “fair or exhibition”

    (3.1) For the purposes of this section, “fair or exhibition” means an event where agricultural or fishing products are presented or where activities relating to agriculture or fishing take place.

  • Marginal note:Offence

    (4) Every one who buys, takes or receives a lot, ticket or other device mentioned in subsection (1) is guilty of an offence punishable on summary conviction.

  • Marginal note:Lottery sale void

    (5) Every sale, loan, gift, barter or exchange of any property, by any lottery, ticket, card or other mode of chance depending on or to be determined by chance or lot, is void, and all property so sold, lent, given, bartered or exchanged is forfeited to Her Majesty.

  • Marginal note:Bona fide exception

    (6) Subsection (5) does not affect any right or title to property acquired by any bona fide purchaser for valuable consideration without notice.

  • Marginal note:Foreign lottery included

    (7) This section applies to the printing or publishing, or causing to be printed or published, of any advertisement, scheme, proposal or plan of any foreign lottery, and the sale or offer for sale of any ticket, chance or share, in any such lottery, or the advertisement for sale of such ticket, chance or share, and the conducting or managing of any such scheme, contrivance or operation for determining the winners in any such lottery.

  • Marginal note:Saving

    (8) This section does not apply to

    • (a) the division by lot or chance of any property by joint tenants or tenants in common, or persons having joint interests in any such property; or

    • (b[Repealed, 1999, c. 28, s. 156]

    • (c) bonds, debentures, debenture stock or other securities recallable by drawing of lots and redeemable with interest and providing for payment of premiums on redemption or otherwise.

  • R.S., 1985, c. C-46, s. 206;
  • R.S., 1985, c. 52 (1st Supp.), s. 2;
  • 1999, c. 28, s. 156.
Marginal note:Permitted lotteries
  •  (1) Notwithstanding any of the provisions of this Part relating to gaming and betting, it is lawful

    • (a) for the government of a province, either alone or in conjunction with the government of another province, to conduct and manage a lottery scheme in that province, or in that and the other province, in accordance with any law enacted by the legislature of that province;

    • (b) for a charitable or religious organization, pursuant to a licence issued by the Lieutenant Governor in Council of a province or by such other person or authority in the province as may be specified by the Lieutenant Governor in Council thereof, to conduct and manage a lottery scheme in that province if the proceeds from the lottery scheme are used for a charitable or religious object or purpose;

    • (c) for the board of a fair or of an exhibition, or an operator of a concession leased by that board, to conduct and manage a lottery scheme in a province where the Lieutenant Governor in Council of the province or such other person or authority in the province as may be specified by the Lieutenant Governor in Council thereof has

      • (i) designated that fair or exhibition as a fair or exhibition where a lottery scheme may be conducted and managed, and

      • (ii) issued a licence for the conduct and management of a lottery scheme to that board or operator;

    • (d) for any person, pursuant to a licence issued by the Lieutenant Governor in Council of a province or by such other person or authority in the province as may be specified by the Lieutenant Governor in Council thereof, to conduct and manage a lottery scheme at a public place of amusement in that province if

      • (i) the amount or value of each prize awarded does not exceed five hundred dollars, and

      • (ii) the money or other valuable consideration paid to secure a chance to win a prize does not exceed two dollars;

    • (e) for the government of a province to agree with the government of another province that lots, cards or tickets in relation to a lottery scheme that is by any of paragraphs (a) to (d) authorized to be conducted and managed in that other province may be sold in the province;

    • (f) for any person, pursuant to a licence issued by the Lieutenant Governor in Council of a province or such other person or authority in the province as may be designated by the Lieutenant Governor in Council thereof, to conduct and manage in the province a lottery scheme that is authorized to be conducted and managed in one or more other provinces where the authority by which the lottery scheme was first authorized to be conducted and managed consents thereto;

    • (g) for any person, for the purpose of a lottery scheme that is lawful in a province under any of paragraphs (a) to (f), to do anything in the province, in accordance with the applicable law or licence, that is required for the conduct, management or operation of the lottery scheme or for the person to participate in the scheme; and

    • (h) for any person to make or print anywhere in Canada or to cause to be made or printed anywhere in Canada anything relating to gaming and betting that is to be used in a place where it is or would, if certain conditions provided by law are met, be lawful to use such a thing, or to send, transmit, mail, ship, deliver or allow to be sent, transmitted, mailed, shipped or delivered or to accept for carriage or transport or convey any such thing where the destination thereof is such a place.

  • Marginal note:Terms and conditions of licence

    (2) Subject to this Act, a licence issued by or under the authority of the Lieutenant Governor in Council of a province as described in paragraph (1)(b), (c), (d) or (f) may contain such terms and conditions relating to the conduct, management and operation of or participation in the lottery scheme to which the licence relates as the Lieutenant Governor in Council of that province, the person or authority in the province designated by the Lieutenant Governor in Council thereof or any law enacted by the legislature of that province may prescribe.

  • Marginal note:Offence

    (3) Every one who, for the purposes of a lottery scheme, does anything that is not authorized by or pursuant to a provision of this section

    • (a) in the case of the conduct, management or operation of that lottery scheme,

      • (i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years, or

      • (ii) is guilty of an offence punishable on summary conviction; or

    • (b) in the case of participating in that lottery scheme, is guilty of an offence punishable on summary conviction.

  • Definition of “lottery scheme”

    (4) In this section, “lottery scheme” means a game or any proposal, scheme, plan, means, device, contrivance or operation described in any of paragraphs 206(1)(a) to (g), whether or not it involves betting, pool selling or a pool system of betting other than

    • (a) three-card monte, punch board or coin table;

    • (b) bookmaking, pool selling or the making or recording of bets, including bets made through the agency of a pool or pari-mutuel system, on any race or fight, or on a single sport event or athletic contest; or

    • (c) for the purposes of paragraphs (1)(b) to (f), a game or proposal, scheme, plan, means, device, contrivance or operation described in any of paragraphs 206(1)(a) to (g) that is operated on or through a computer, video device or slot machine, within the meaning of subsection 198(3), or a dice game.

  • Marginal note:Exception re: pari-mutuel betting

    (5) For greater certainty, nothing in this section shall be construed as authorizing the making or recording of bets on horse-races through the agency of a pari-mutuel system other than in accordance with section 204.

  • R.S., 1985, c. C-46, s. 207;
  • R.S., 1985, c. 27 (1st Supp.), s. 31, c. 52 (1st Supp.), s. 3;
  • 1999, c. 5, s. 6.
Marginal note:Exemption — lottery scheme on an international cruise ship
  •  (1) Despite any of the provisions of this Part relating to gaming and betting, it is lawful for the owner or operator of an international cruise ship, or their agent, to conduct, manage or operate and for any person to participate in a lottery scheme during a voyage on an international cruise ship when all of the following conditions are satisfied:

    • (a) all the people participating in the lottery scheme are located on the ship;

    • (b) the lottery scheme is not linked, by any means of communication, with any lottery scheme, betting, pool selling or pool system of betting located off the ship;

    • (c) the lottery scheme is not operated within five nautical miles of a Canadian port at which the ship calls or is scheduled to call; and

    • (d) the ship is registered

      • (i) in Canada and its entire voyage is scheduled to be outside Canada, or

      • (ii) anywhere, including Canada, and its voyage includes some scheduled voyaging within Canada and the voyage

        • (A) is of at least forty-eight hours duration and includes some voyaging in international waters and at least one non-Canadian port of call including the port at which the voyage begins or ends, and

        • (B) is not scheduled to disembark any passengers at a Canadian port who have embarked at another Canadian port, without calling on at least one non-Canadian port between the two Canadian ports.

  • Marginal note:Paragraph 207(1)(h) and subsection 207(5) apply

    (2) For greater certainty, paragraph 207(1)(h) and subsection 207(5) apply for the purposes of this section.

  • Marginal note:Offence

    (3) Every one who, for the purpose of a lottery scheme, does anything that is not authorized by this section

    • (a) in the case of the conduct, management or operation of the lottery scheme,

      • (i) is guilty of an indictable offence and liable to imprisonment for a term of not more than two years, or

      • (ii) is guilty of an offence punishable on summary conviction; and

    • (b) in the case of participating in the lottery scheme, is guilty of an offence punishable on summary conviction.

  • Marginal note:Definitions

    (4) The definitions in this subsection apply in this section.

    “international cruise ship”

    « navire de croisière internationale »

    “international cruise ship” means a passenger ship that is suitable for continuous ocean voyages of at least forty-eight hours duration, but does not include such a ship that is used or fitted for the primary purpose of transporting cargo or vehicles.

    “lottery scheme”

    « loterie »

    “lottery scheme” means a game or any proposal, scheme, plan, means, device, contrivance or operation described in any of paragraphs 206(1)(a) to (g), whether or not it involves betting, pool selling or a pool system of betting. It does not include

    • (a) three-card monte, punch board or coin table; or

    • (b) bookmaking, pool selling or the making or recording of bets, including bets made through the agency of a pool or pari-mutuel system, on any race or fight, or on a single sporting event or athletic contest.

  • 1999, c. 5, s. 7.

 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 32]

Marginal note:Cheating at play

 Every one who, with intent to defraud any person, cheats while playing a game or in holding the stakes for a game or in betting is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

  • R.S., c. C-34, s. 192.

Bawdy-houses

Marginal note:Keeping common bawdy-house
  •  (1) Every one who keeps a common bawdy-house is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

  • Marginal note:Landlord, inmate, etc.

    (2) Every one who

    • (a) is an inmate of a common bawdy-house,

    • (b) is found, without lawful excuse, in a common bawdy-house, or

    • (c) as owner, landlord, lessor, tenant, occupier, agent or otherwise having charge or control of any place, knowingly permits the place or any part thereof to be let or used for the purposes of a common bawdy-house,

    is guilty of an offence punishable on summary conviction.

  • Marginal note:Notice of conviction to be served on owner

    (3) Where a person is convicted of an offence under subsection (1), the court shall cause a notice of the conviction to be served on the owner, landlord or lessor of the place in respect of which the person is convicted or his agent, and the notice shall contain a statement to the effect that it is being served pursuant to this section.

  • Marginal note:Duty of landlord on notice

    (4) Where a person on whom a notice is served under subsection (3) fails forthwith to exercise any right he may have to determine the tenancy or right of occupation of the person so convicted, and thereafter any person is convicted of an offence under subsection (1) in respect of the same premises, the person on whom the notice was served shall be deemed to have committed an offence under subsection (1) unless he proves that he has taken all reasonable steps to prevent the recurrence of the offence.

  • R.S., c. C-34, s. 193.
Marginal note:Transporting person to bawdy-house

 Every one who knowingly takes, transports, directs, or offers to take, transport or direct, any other person to a common bawdy-house is guilty of an offence punishable on summary conviction.

  • R.S., c. C-34, s. 194.

Procuring

Marginal note:Procuring
  •  (1) Every one who

    • (a) procures, attempts to procure or solicits a person to have illicit sexual intercourse with another person, whether in or out of Canada,

    • (b) inveigles or entices a person who is not a prostitute to a common bawdy-house for the purpose of illicit sexual intercourse or prostitution,

    • (c) knowingly conceals a person in a common bawdy-house,

    • (d) procures or attempts to procure a person to become, whether in or out of Canada, a prostitute,

    • (e) procures or attempts to procure a person to leave the usual place of abode of that person in Canada, if that place is not a common bawdy-house, with intent that the person may become an inmate or frequenter of a common bawdy-house, whether in or out of Canada,

    • (f) on the arrival of a person in Canada, directs or causes that person to be directed or takes or causes that person to be taken, to a common bawdy-house,

    • (g) procures a person to enter or leave Canada, for the purpose of prostitution,

    • (h) for the purposes of gain, exercises control, direction or influence over the movements of a person in such manner as to show that he is aiding, abetting or compelling that person to engage in or carry on prostitution with any person or generally,

    • (i) applies or administers to a person or causes that person to take any drug, intoxicating liquor, matter or thing with intent to stupefy or overpower that person in order thereby to enable any person to have illicit sexual intercourse with that person, or

    • (j) lives wholly or in part on the avails of prostitution of another person,

    is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

  • Marginal note:Living on the avails of prostitution of person under eighteen

    (2) Despite paragraph (1)(j), every person who lives wholly or in part on the avails of prostitution of another person who is under the age of eighteen years is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of two years.

  • Marginal note:Aggravated offence in relation to living on the avails of prostitution of a person under the age of eighteen years

    (2.1) Notwithstanding paragraph (1)(j) and subsection (2), every person who lives wholly or in part on the avails of prostitution of another person under the age of eighteen years, and who

    • (a) for the purposes of profit, aids, abets, counsels or compels the person under that age to engage in or carry on prostitution with any person or generally, and

    • (b) uses, threatens to use or attempts to use violence, intimidation or coercion in relation to the person under that age,

    is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years but not less than five years.

  • Marginal note:Presumption

    (3) Evidence that a person lives with or is habitually in the company of a prostitute or lives in a common bawdy-house is, in the absence of evidence to the contrary, proof that the person lives on the avails of prostitution, for the purposes of paragraph (1)(j) and subsections (2) and (2.1).

  • Marginal note:Offence — prostitution of person under eighteen

    (4) Every person who, in any place, obtains for consideration, or communicates with anyone for the purpose of obtaining for consideration, the sexual services of a person who is under the age of eighteen years is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years and to a minimum punishment of imprisonment for a term of six months.

  • (5) [Repealed, 1999, c. 5, s. 8]

  • R.S., 1985, c. C-46, s. 212;
  • R.S., 1985, c. 19 (3rd Supp.), s. 9;
  • 1997, c. 16, s. 2;
  • 1999, c. 5, s. 8;
  • 2005, c. 32, s. 10.1.

Offence in Relation to Prostitution

Marginal note:Offence in relation to prostitution
  •  (1) Every person who in a public place or in any place open to public view

    • (a) stops or attempts to stop any motor vehicle,

    • (b) impedes the free flow of pedestrian or vehicular traffic or ingress to or egress from premises adjacent to that place, or

    • (c) stops or attempts to stop any person or in any manner communicates or attempts to communicate with any person

    for the purpose of engaging in prostitution or of obtaining the sexual services of a prostitute is guilty of an offence punishable on summary conviction.

  • Marginal note:Definition of “public place”

    (2) In this section, “public place” includes any place to which the public have access as of right or by invitation, express or implied, and any motor vehicle located in a public place or in any place open to public view.

  • R.S., 1985, c. C-46, s. 213;
  • R.S., 1985, c. 51 (1st Supp.), s. 1.

PART VIIIOFFENCES AGAINST THE PERSON AND REPUTATION

Interpretation

Marginal note:Definitions

 In this Part,

“abandon” or “expose”

« abandonner » ou « exposer »

“abandon” or “expose” includes

  • (a) a wilful omission to take charge of a child by a person who is under a legal duty to do so, and

  • (b) dealing with a child in a manner that is likely to leave that child exposed to risk without protection;

“aircraft”

« aéronef »

“aircraft” does not include a machine designed to derive support in the atmosphere primarily from reactions against the earth’s surface of air expelled from the machine;

“child”

“child” [Repealed, 2002, c. 13, s. 9]

“form of marriage”

« formalité de mariage »

“form of marriage” includes a ceremony of marriage that is recognized as valid

  • (a) by the law of the place where it was celebrated, or

  • (b) by the law of the place where an accused is tried, notwithstanding that it is not recognized as valid by the law of the place where it was celebrated;

“guardian”

« tuteur »

“guardian” includes a person who has in law or in fact the custody or control of a child;

“operate”

« conduire »

“operate”

  • (a) means, in respect of a motor vehicle, to drive the vehicle,

  • (b) means, in respect of railway equipment, to participate in the direct control of its motion, whether

    • (i) as a member of the crew of the equipment,

    • (ii) as a person who, by remote control, acts in lieu of such crew, or

    • (iii) as other than a member or person described in subparagraphs (i) and (ii), and

  • (c) includes, in respect of a vessel or an aircraft, to navigate the vessel or aircraft;

“vessel”

« bateau »

“vessel” includes a machine designed to derive support in the atmosphere primarily from reactions against the earth’s surface of air expelled from the machine.

  • R.S., 1985, c. C-46, s. 214;
  • R.S., 1985, c. 27 (1st Supp.), s. 33, c. 32 (4th Supp.), s. 56;
  • 2002, c. 13, s. 9.

Duties Tending to Preservation of Life

Marginal note:Duty of persons to provide necessaries
  •  (1) Every one is under a legal duty

    • (a) as a parent, foster parent, guardian or head of a family, to provide necessaries of life for a child under the age of sixteen years;

    • (b) to provide necessaries of life to their spouse or common-law partner; and

    • (c) to provide necessaries of life to a person under his charge if that person

      • (i) is unable, by reason of detention, age, illness, mental disorder or other cause, to withdraw himself from that charge, and

      • (ii) is unable to provide himself with necessaries of life.

  • Marginal note:Offence

    (2) Every one commits an offence who, being under a legal duty within the meaning of subsection (1), fails without lawful excuse, the proof of which lies on him, to perform that duty, if

    • (a) with respect to a duty imposed by paragraph (1)(a) or (b),

      • (i) the person to whom the duty is owed is in destitute or necessitous circumstances, or

      • (ii) the failure to perform the duty endangers the life of the person to whom the duty is owed, or causes or is likely to cause the health of that person to be endangered permanently; or

    • (b) with respect to a duty imposed by paragraph (1)(c), the failure to perform the duty endangers the life of the person to whom the duty is owed or causes or is likely to cause the health of that person to be injured permanently.

  • Marginal note:Punishment

    (3) Every one who commits an offence under subsection (2)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    • (b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

  • Marginal note:Presumptions

    (4) For the purpose of proceedings under this section,

    • (a[Repealed, 2000, c. 12, s. 93]

    • (b) evidence that a person has in any way recognized a child as being his child is, in the absence of any evidence to the contrary, proof that the child is his child;

    • (c) evidence that a person has failed for a period of one month to make provision for the maintenance of any child of theirs under the age of sixteen years is, in the absence of any evidence to the contrary, proof that the person has failed without lawful excuse to provide necessaries of life for the child; and

    • (d) the fact that a spouse or common-law partner or child is receiving or has received necessaries of life from another person who is not under a legal duty to provide them is not a defence.

  • R.S., 1985, c. C-46, s. 215;
  • 1991, c. 43, s. 9;
  • 2000, c. 12, ss. 93, 95;
  • 2005, c. 32, s. 11.
Marginal note:Duty of persons undertaking acts dangerous to life

 Every one who undertakes to administer surgical or medical treatment to another person or to do any other lawful act that may endanger the life of another person is, except in cases of necessity, under a legal duty to have and to use reasonable knowledge, skill and care in so doing.

  • R.S., c. C-34, s. 198.
Marginal note:Duty of persons undertaking acts

 Every one who undertakes to do an act is under a legal duty to do it if an omission to do the act is or may be dangerous to life.

  • R.S., c. C-34, s. 199.
Marginal note:Duty of persons directing work

 Every one who undertakes, or has the authority, to direct how another person does work or performs a task is under a legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task.

  • 2003, c. 21, s. 3.
Marginal note:Abandoning child

 Every one who unlawfully abandons or exposes a child who is under the age of ten years, so that its life is or is likely to be endangered or its health is or is likely to be permanently injured,

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

  • (b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

  • R.S., 1985, c. C-46, s. 218;
  • 2005, c. 32, s. 12.

Criminal Negligence

Marginal note:Criminal negligence
  •  (1) Every one is criminally negligent who

    • (a) in doing anything, or

    • (b) in omitting to do anything that it is his duty to do,

    shows wanton or reckless disregard for the lives or safety of other persons.

  • Definition of “duty”

    (2) For the purposes of this section, “duty” means a duty imposed by law.

  • R.S., c. C-34, s. 202.
Marginal note:Causing death by criminal negligence

 Every person who by criminal negligence causes death to another person is guilty of an indictable offence and liable

  • (a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

  • (b) in any other case, to imprisonment for life.

  • R.S., 1985, c. C-46, s. 220;
  • 1995, c. 39, s. 141.
Marginal note:Causing bodily harm by criminal negligence

 Every one who by criminal negligence causes bodily harm to another person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

  • R.S., c. C-34, s. 204.

Homicide

Marginal note:Homicide
  •  (1) A person commits homicide when, directly or indirectly, by any means, he causes the death of a human being.

  • Marginal note:Kinds of homicide

    (2) Homicide is culpable or not culpable.

  • Marginal note:Non culpable homicide

    (3) Homicide that is not culpable is not an offence.

  • Marginal note:Culpable homicide

    (4) Culpable homicide is murder or manslaughter or infanticide.

  • Marginal note:Idem

    (5) A person commits culpable homicide when he causes the death of a human being,

    • (a) by means of an unlawful act;

    • (b) by criminal negligence;

    • (c) by causing that human being, by threats or fear of violence or by deception, to do anything that causes his death; or

    • (d) by wilfully frightening that human being, in the case of a child or sick person.

  • Marginal note:Exception

    (6) Notwithstanding anything in this section, a person does not commit homicide within the meaning of this Act by reason only that he causes the death of a human being by procuring, by false evidence, the conviction and death of that human being by sentence of the law.

  • R.S., c. C-34, s. 205.
Marginal note:When child becomes human being
  •  (1) A child becomes a human being within the meaning of this Act when it has completely proceeded, in a living state, from the body of its mother, whether or not

    • (a) it has breathed;

    • (b) it has an independent circulation; or

    • (c) the navel string is severed.

  • Marginal note:Killing child

    (2) A person commits homicide when he causes injury to a child before or during its birth as a result of which the child dies after becoming a human being.

  • R.S., c. C-34, s. 206.
Marginal note:Death that might have been prevented

 Where a person, by an act or omission, does any thing that results in the death of a human being, he causes the death of that human being notwithstanding that death from that cause might have been prevented by resorting to proper means.

  • R.S., c. C-34, s. 207.
Marginal note:Death from treatment of injury

 Where a person causes to a human being a bodily injury that is of itself of a dangerous nature and from which death results, he causes the death of that human being notwithstanding that the immediate cause of death is proper or improper treatment that is applied in good faith.

  • R.S., c. C-34, s. 208.
Marginal note:Acceleration of death

 Where a person causes to a human being a bodily injury that results in death, he causes the death of that human being notwithstanding that the effect of the bodily injury is only to accelerate his death from a disease or disorder arising from some other cause.

  • R.S., c. C-34, s. 209.

 [Repealed, 1999, c. 5, s. 9]

Marginal note:Killing by influence on the mind

 No person commits culpable homicide where he causes the death of a human being

  • (a) by any influence on the mind alone, or

  • (b) by any disorder or disease resulting from influence on the mind alone,

but this section does not apply where a person causes the death of a child or sick person by wilfully frightening him.

  • R.S., c. C-34, s. 211.

Murder, Manslaughter and Infanticide

Marginal note:Murder

 Culpable homicide is murder

  • (a) where the person who causes the death of a human being

    • (i) means to cause his death, or

    • (ii) means to cause him bodily harm that he knows is likely to cause his death, and is reckless whether death ensues or not;

  • (b) where a person, meaning to cause death to a human being or meaning to cause him bodily harm that he knows is likely to cause his death, and being reckless whether death ensues or not, by accident or mistake causes death to another human being, notwithstanding that he does not mean to cause death or bodily harm to that human being; or

  • (c) where a person, for an unlawful object, does anything that he knows or ought to know is likely to cause death, and thereby causes death to a human being, notwithstanding that he desires to effect his object without causing death or bodily harm to any human being.

  • R.S., c. C-34, s. 212.
Marginal note:Murder in commission of offences

 Culpable homicide is murder where a person causes the death of a human being while committing or attempting to commit high treason or treason or an offence mentioned in section 52 (sabotage), 75 (piratical acts), 76 (hijacking an aircraft), 144 or subsection 145(1) or sections 146 to 148 (escape or rescue from prison or lawful custody), section 270 (assaulting a peace officer), section 271 (sexual assault), 272 (sexual assault with a weapon, threats to a third party or causing bodily harm), 273 (aggravated sexual assault), 279 (kidnapping and forcible confinement), 279.1 (hostage taking), 343 (robbery), 348 (breaking and entering) or 433 or 434 (arson), whether or not the person means to cause death to any human being and whether or not he knows that death is likely to be caused to any human being, if

  • (a) he means to cause bodily harm for the purpose of

    • (i) facilitating the commission of the offence, or

    • (ii) facilitating his flight after committing or attempting to commit the offence,

    and the death ensues from the bodily harm;

  • (b) he administers a stupefying or overpowering thing for a purpose mentioned in paragraph (a), and the death ensues therefrom; or

  • (c) he wilfully stops, by any means, the breath of a human being for a purpose mentioned in paragraph (a), and the death ensues therefrom.

  • (d[Repealed, 1991, c. 4, s. 1]

  • R.S., 1985, c. C-46, s. 230;
  • R.S., 1985, c. 27 (1st Supp.), s. 40;
  • 1991, c. 4, s. 1.
Marginal note:Classification of murder
  •  (1) Murder is first degree murder or second degree murder.

  • Marginal note:Planned and deliberate murder

    (2) Murder is first degree murder when it is planned and deliberate.

  • Marginal note:Contracted murder

    (3) Without limiting the generality of subsection (2), murder is planned and deliberate when it is committed pursuant to an arrangement under which money or anything of value passes or is intended to pass from one person to another, or is promised by one person to another, as consideration for that other’s causing or assisting in causing the death of anyone or counselling another person to do any act causing or assisting in causing that death.

  • Marginal note:Murder of peace officer, etc.

    (4) Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first degree murder when the victim is

    • (a) a police officer, police constable, constable, sheriff, deputy sheriff, sheriff’s officer or other person employed for the preservation and maintenance of the public peace, acting in the course of his duties;

    • (b) a warden, deputy warden, instructor, keeper, jailer, guard or other officer or a permanent employee of a prison, acting in the course of his duties; or

    • (c) a person working in a prison with the permission of the prison authorities and acting in the course of his work therein.

  • Marginal note:Hijacking, sexual assault or kidnapping

    (5) Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first degree murder in respect of a person when the death is caused by that person while committing or attempting to commit an offence under one of the following sections:

    • (a) section 76 (hijacking an aircraft);

    • (b) section 271 (sexual assault);

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

    • (d) section 273 (aggravated sexual assault);

    • (e) section 279 (kidnapping and forcible confinement); or

    • (f) section 279.1 (hostage taking).

  • Marginal note:Criminal harassment

    (6) Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first degree murder when the death is caused by that person while committing or attempting to commit an offence under section 264 and the person committing that offence intended to cause the person murdered to fear for the safety of the person murdered or the safety of anyone known to the person murdered.

  • Marginal note:Murder — terrorist activity

    (6.01) 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 by that person while committing or attempting to commit an indictable offence under this or any other Act of Parliament if the act or omission constituting the offence also constitutes a terrorist activity.

  • Marginal note:Murder — criminal organization

    (6.1) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first degree murder when

    • (a) the death is caused by that person for the benefit of, at the direction of or in association with a criminal organization; or

    • (b) the death is caused by that person while committing or attempting to commit 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.

  • 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 by that person while committing or attempting to commit an offence under section 423.1.

  • Marginal note:Second degree murder

    (7) All murder that is not first degree murder is second degree murder.

  • R.S., 1985, c. C-46, s. 231;
  • R.S., 1985, c. 27 (1st Supp.), ss. 7, 35, 40, 185(F), c. 1 (4th Supp.), s. 18(F);
  • 1997, c. 16, s. 3, c. 23, s. 8;
  • 2001, c. 32, s. 9, c. 41, s. 9;
  • 2009, c. 22, s. 5.
Marginal note:Murder reduced to manslaughter
  •  (1) Culpable homicide that otherwise would be murder may be reduced to manslaughter if the person who committed it did so in the heat of passion caused by sudden provocation.

  • Marginal note:What is provocation

    (2) A wrongful act or an insult that is of such a nature as to be sufficient to deprive an ordinary person of the power of self-control is provocation for the purposes of this section if the accused acted on it on the sudden and before there was time for his passion to cool.

  • Marginal note:Questions of fact

    (3) For the purposes of this section, the questions

    • (a) whether a particular wrongful act or insult amounted to provocation, and

    • (b) whether the accused was deprived of the power of self-control by the provocation that he alleges he received,

    are questions of fact, but no one shall be deemed to have given provocation to another by doing anything that he had a legal right to do, or by doing anything that the accused incited him to do in order to provide the accused with an excuse for causing death or bodily harm to any human being.

  • Marginal note:Death during illegal arrest

    (4) Culpable homicide that otherwise would be murder is not necessarily manslaughter by reason only that it was committed by a person who was being arrested illegally, but the fact that the illegality of the arrest was known to the accused may be evidence of provocation for the purpose of this section.

  • R.S., c. C-34, s. 215.
Marginal note:Infanticide

 A female person commits infanticide when by a wilful act or omission she causes the death of her newly-born child, if at the time of the act or omission she is not fully recovered from the effects of giving birth to the child and by reason thereof or of the effect of lactation consequent on the birth of the child her mind is then disturbed.

  • R.S., c. C-34, s. 216.
Marginal note:Manslaughter

 Culpable homicide that is not murder or infanticide is manslaughter.

  • R.S., c. C-34, s. 217.
Marginal note:Punishment for murder
  •  (1) Every one who commits first degree murder or second degree murder is guilty of an indictable offence and shall be sentenced to imprisonment for life.

  • Marginal note:Minimum punishment

    (2) For the purposes of Part XXIII, the sentence of imprisonment for life prescribed by this section is a minimum punishment.

  • R.S., c. C-34, s. 218;
  • 1973-74, c. 38, s. 3;
  • 1974-75-76, c. 105, s. 5.
Marginal note:Manslaughter

 Every person who commits manslaughter is guilty of an indictable offence and liable

  • (a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

  • (b) in any other case, to imprisonment for life.

  • R.S., 1985, c. C-46, s. 236;
  • 1995, c. 39, s. 142.
Marginal note:Punishment for infanticide

 Every female person who commits infanticide is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

  • R.S., c. C-34, s. 220.
Marginal note:Killing unborn child in act of birth
  •  (1) Every one who causes the death, in the act of birth, of any child that has not become a human being, in such a manner that, if the child were a human being, he would be guilty of murder, is guilty of an indictable offence and liable to imprisonment for life.

  • Marginal note:Saving

    (2) This section does not apply to a person who, by means that, in good faith, he considers necessary to preserve the life of the mother of a child, causes the death of that child.

  • R.S., c. C-34, s. 221.
Marginal note:Attempt to commit murder
  •  (1) Every person who attempts by any means to commit murder is guilty of an indictable offence and liable

    • (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of

      • (i) in the case of a first offence, five years, and

      • (ii) in the case of a second or subsequent offence, seven years;

    • (a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

    • (b) in any other case, to imprisonment for life.

  • Marginal note:Subsequent offences

    (2) In determining, for the purpose of paragraph (1)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

    • (a) an offence under this section;

    • (b) an offence under subsection 85(1) or (2) or section 244 or 244.2; or

    • (c) an offence under section 220, 236, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence.

    However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

  • Marginal note:Sequence of convictions only

    (3) For the purposes of subsection (2), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

  • R.S., 1985, c. C-46, s. 239;
  • 1995, c. 39, s. 143;
  • 2008, c. 6, s. 16;
  • 2009, c. 22, s. 6.
Marginal note:Accessory after fact to murder

 Every one who is an accessory after the fact to murder is guilty of an indictable offence and liable to imprisonment for life.

  • R.S., c. C-34, s. 223.

Suicide

Marginal note:Counselling or aiding suicide

 Every one who

  • (a) counsels a person to commit suicide, or

  • (b) aids or abets a person to commit suicide,

whether suicide ensues or not, is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • R.S., 1985, c. C-46, s. 241;
  • R.S., 1985, c. 27 (1st Supp.), s. 7.

Neglect in Child-birth and Concealing Dead Body

Marginal note:Neglect to obtain assistance in child-birth

 A female person who, being pregnant and about to be delivered, with intent that the child shall not live or with intent to conceal the birth of the child, fails to make provision for reasonable assistance in respect of her delivery is, if the child is permanently injured as a result thereof or dies immediately before, during or in a short time after birth, as a result thereof, guilty of an indictable offence and is liable to imprisonment for a term not exceeding five years.

  • R.S., c. C-34, s. 226.
Marginal note:Concealing body of child

 Every one who in any manner disposes of the dead body of a child, with intent to conceal the fact that its mother has been delivered of it, whether the child died before, during or after birth, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

  • R.S., c. C-34, s. 227.

Bodily Harm and Acts and Omissions Causing Danger to the Person

Marginal note:Discharging firearm with intent
  •  (1) Every person commits an offence who discharges a firearm at a person with intent to wound, maim or disfigure, to endanger the life of or to prevent the arrest or detention of any person — whether or not that person is the one at whom the firearm is discharged.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable

    • (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of

      • (i) in the case of a first offence, five years, and

      • (ii) in the case of a second or subsequent offence, seven years; and

    • (b) in any other case, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of four years.

  • Marginal note:Subsequent offences

    (3) In determining, for the purpose of paragraph (2)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

    • (a) an offence under this section;

    • (b) an offence under subsection 85(1) or (2) or section 244.2; or

    • (c) an offence under section 220, 236, 239, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence.

    However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

  • Marginal note:Sequence of convictions only

    (4) For the purposes of subsection (3), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

  • R.S., 1985, c. C-46, s. 244;
  • 1995, c. 39, s. 144;
  • 2008, c. 6, s. 17;
  • 2009, c. 22, s. 7.
Marginal note:Causing bodily harm with intent — air gun or pistol

 Every person who, with intent

  • (a) to wound, maim or disfigure any person,

  • (b) to endanger the life of any person, or

  • (c) to prevent the arrest or detention of any person,

discharges an air or compressed gas gun or pistol at any person, whether or not that person is the person mentioned in paragraph (a), (b) or (c), is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • 1995, c. 39, s. 144.
Marginal note:Discharging firearm — recklessness
  •  (1) Every person commits an offence

    • (a) who intentionally discharges a firearm into or at a place, knowing that or being reckless as to whether another person is present in the place; or

    • (b) who intentionally discharges a firearm while being reckless as to the life or safety of another person.

  • Definition of “place”

    (2) For the purpose of paragraph (1)(a), “place” means any building or structure — or part of one — or any motor vehicle, vessel, aircraft, railway vehicle, container or trailer.

  • Marginal note:Punishment

    (3) Every person who commits an offence under subsection (1) is guilty of an indictable offence and

    • (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if the offence is committed for the benefit of, at the direction of or in association with a criminal organization, is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of

      • (i) five years, in the case of a first offence, and

      • (ii) seven years, in the case of a second or subsequent offence; and

    • (b) in any other case, is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of four years.

  • Marginal note:Subsequent offences

    (4) In determining, for the purpose of paragraph (3)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

    • (a) an offence under this section;

    • (b) an offence under subsection 85(1) or (2) or section 244; or

    • (c) an offence under section 220, 236, 239, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence.

    However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

  • Marginal note:Sequence of convictions only

    (5) For the purpose of subsection (4), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

  • 2009, c. 22, s. 8.
Marginal note:Administering noxious thing

 Every one who administers or causes to be administered to any person or causes any person to take poison or any other destructive or noxious thing is guilty of an indictable offence and liable

  • (a) to imprisonment for a term not exceeding fourteen years, if he intends thereby to endanger the life of or to cause bodily harm to that person; or

  • (b) to imprisonment for a term not exceeding two years, if he intends thereby to aggrieve or annoy that person.

  • R.S., c. C-34, s. 229.
Marginal note:Overcoming resistance to commission of offence

 Every one who, with intent to enable or assist himself or another person to commit an indictable offence,

  • (a) attempts, by any means, to choke, suffocate or strangle another person, or by any means calculated to choke, suffocate or strangle, attempts to render another person insensible, unconscious or incapable of resistance, or

  • (b) administers or causes to be administered to any person, or attempts to administer to any person, or causes or attempts to cause any person to take a stupefying or overpowering drug, matter or thing,

is guilty of an indictable offence and liable to imprisonment for life.

  • R.S., c. C-34, s. 230;
  • 1972, c. 13, s. 70.
Marginal note:Traps likely to cause bodily harm
  •  (1) Every one is guilty of an indictable offence and is liable to imprisonment for a term not exceeding five years, who with intent to cause death or bodily harm to a person, whether ascertained or not,

    • (a) sets or places a trap, device or other thing that is likely to cause death or bodily harm to a person; or

    • (b) being in occupation or possession of a place, knowingly permits such a trap, device or other thing to remain in that place.

  • Marginal note:Bodily harm

    (2) Every one who commits an offence under subsection (1) and thereby causes bodily harm to any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

  • Marginal note:Offence-related place

    (3) Every one who commits an offence under subsection (1), in a place kept or used for the purpose of committing another indictable offence, is guilty of an indictable offence and is liable to a term of imprisonment not exceeding ten years.

  • Marginal note:Offence-related place — bodily harm

    (4) Every one who commits an offence under subsection (1), in a place kept or used for the purpose of committing another indictable offence, and thereby causes bodily harm to a person is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years.

  • Marginal note:Death

    (5) Every one who commits an offence under subsection (1) and thereby causes the death of any other person is guilty of an indictable offence and liable to imprisonment for life.

  • R.S., 1985, c. C-46, s. 247;
  • 2004, c. 12, s. 6.
Marginal note:Interfering with transportation facilities

 Every one who, with intent to endanger the safety of any person, places anything on or does anything to any property that is used for or in connection with the transportation of persons or goods by land, water or air that is likely to cause death or bodily harm to persons is guilty of an indictable offence and liable to imprisonment for life.

  • R.S., c. C-34, s. 232.

Motor Vehicles, Vessels and Aircraft

Marginal note:Dangerous operation of motor vehicles, vessels and aircraft
  •  (1) Every one commits an offence who operates

    • (a) a motor vehicle in a manner that is dangerous to the public, having regard to all the circumstances, including the nature, condition and use of the place at which the motor vehicle is being operated and the amount of traffic that at the time is or might reasonably be expected to be at that place;

    • (b) a vessel or any water skis, surf-board, water sled or other towed object on or over any of the internal waters of Canada or the territorial sea of Canada, in a manner that is dangerous to the public, having regard to all the circumstances, including the nature and condition of those waters or sea and the use that at the time is or might reasonably be expected to be made of those waters or sea;

    • (c) an aircraft in a manner that is dangerous to the public, having regard to all the circumstances, including the nature and condition of that aircraft or the place or air space in or through which the aircraft is operated; or

    • (d) railway equipment in a manner that is dangerous to the public, having regard to all the circumstances, including the nature and condition of the equipment or the place in or through which the equipment is operated.

  • Marginal note:Punishment

    (2) Every one who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Dangerous operation causing bodily harm

    (3) Every one who commits an offence under subsection (1) and thereby causes bodily harm to any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

  • Marginal note:Dangerous operation causing death

    (4) Every one who commits an offence under subsection (1) and thereby causes the death of any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • R.S., 1985, c. C-46, s. 249;
  • R.S., 1985, c. 27 (1st Supp.), s. 36, c. 32 (4th Supp.), s. 57;
  • 1994, c. 44, s. 11.
Marginal note:Flight
  •  (1) Every one commits an offence who, operating a motor vehicle while being pursued by a peace officer operating a motor vehicle, fails, without reasonable excuse and in order to evade the peace officer, to stop the vehicle as soon as is reasonable in the circumstances.

  • Marginal note:Punishment

    (2) Every one who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Flight causing bodily harm or death

    (3) Every one commits an offence who causes bodily harm to or the death of another person by operating a motor vehicle in a manner described in paragraph 249(1)(a), if the person operating the motor vehicle was being pursued by a peace officer operating a motor vehicle and failed, without reasonable excuse and in order to evade the police officer, to stop the vehicle as soon as is reasonable in the circumstances.

  • Marginal note:Punishment

    (4) Every person who commits an offence under subsection (3)

    • (a) if bodily harm was caused, is guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years; and

    • (b) if death was caused, is guilty of an indictable offence and liable to imprisonment for life.

  • 2000, c. 2, s. 1.
Marginal note:Causing death by criminal negligence (street racing)

 Everyone who by criminal negligence causes death to another person while street racing is guilty of an indictable offence and liable to imprisonment for life.

  • 2006, c. 14, s. 2.
Marginal note:Causing bodily harm by criminal negligence (street racing)

 Everyone who by criminal negligence causes bodily harm to another person while street racing is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • 2006, c. 14, s. 2.
Marginal note:Dangerous operation of motor vehicle while street racing
  •  (1) Everyone commits an offence who, while street racing, operates a motor vehicle in a manner described in paragraph 249(1)(a).

  • Marginal note:Punishment

    (2) Everyone who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Dangerous operation causing bodily harm

    (3) Everyone who commits an offence under subsection (1) and thereby causes bodily harm to another person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • Marginal note:Dangerous operation causing death

    (4) Everyone who commits an offence under subsection (1) and thereby causes the death of another person is guilty of an indictable offence and liable to imprisonment for life.

  • 2006, c. 14, s. 2.
Marginal note:Failure to keep watch on person towed
  •  (1) Every one who operates a vessel while towing a person on any water skis, surf-board, water sled or other object, when there is not on board such vessel another responsible person keeping watch on the person being towed, is guilty of an offence punishable on summary conviction.

  • Marginal note:Towing of person after dark

    (2) Every one who operates a vessel while towing a person on any water skis, surf-board, water sled or other object during the period from one hour after sunset to sunrise is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 250;
  • R.S., 1985, c. 27 (1st Supp.), s. 36.
Marginal note:Unseaworthy vessel and unsafe aircraft
  •  (1) Every one who knowingly

    • (a) sends or being the master takes a vessel that is registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament and that is unseaworthy

      • (i) on a voyage from a place in Canada to any other place in or out of Canada, or

      • (ii) on a voyage from a place on the inland waters of the United States to a place in Canada,

    • (b) sends an aircraft on a flight or operates an aircraft that is not fit and safe for flight, or

    • (c) sends for operation or operates railway equipment that is not fit and safe for operation

    and thereby endangers the life of any person, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

  • Marginal note:Defences

    (2) An accused shall not be convicted of an offence under this section where the accused establishes that,

    • (a) in the case of an offence under paragraph (1)(a),

      • (i) the accused used all reasonable means to ensure that the vessel was seaworthy, or

      • (ii) to send or take the vessel while it was unseaworthy was, under the circumstances, reasonable and justifiable;

    • (b) in the case of an offence under paragraph (1)(b),

      • (i) the accused used all reasonable means to ensure that the aircraft was fit and safe for flight, or

      • (ii) to send or operate the aircraft while it was not fit and safe for flight was, under the circumstances, reasonable and justifiable; and

    • (c) in the case of an offence under paragraph (1)(c),

      • (i) the accused used all reasonable means to ensure that the railway equipment was fit and safe for operation, or

      • (ii) to send the railway equipment for operation or to operate it while it was not fit and safe for operation was, under the circumstances, reasonable and justifiable.

  • Marginal note:Consent of Attorney General

    (3) No proceedings shall be instituted under this section in respect of a vessel or aircraft, or in respect of railway equipment sent for operation or operated on a line of railway that is within the legislative authority of Parliament, without the consent in writing of the Attorney General of Canada.

  • R.S., 1985, c. C-46, s. 251;
  • R.S., 1985, c. 27 (1st Supp.), s. 36, c. 32 (4th Supp.), s. 58.
Marginal note:Failure to stop at scene of accident
  •  (1) Every person commits an offence who has the care, charge or control of a vehicle, vessel or aircraft that is involved in an accident with

    • (a) another person,

    • (b) a vehicle, vessel or aircraft, or

    • (c) in the case of a vehicle, cattle in the charge of another person,

    and with intent to escape civil or criminal liability fails to stop the vehicle, vessel or, if possible, the aircraft, give his or her name and address and, where any person has been injured or appears to require assistance, offer assistance.

  • Marginal note:Punishment

    (1.1) Every person who commits an offence under subsection (1) in a case not referred to in subsection (1.2) or (1.3) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years or is guilty of an offence punishable on summary conviction.

  • Marginal note:Offence involving bodily harm

    (1.2) Every person who commits an offence under subsection (1) knowing that bodily harm has been caused to another person involved in the accident is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

  • Marginal note:Offence involving bodily harm or death

    (1.3) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for life if

    • (a) the person knows that another person involved in the accident is dead; or

    • (b) the person knows that bodily harm has been caused to another person involved in the accident and is reckless as to whether the death of the other person results from that bodily harm, and the death of that other person so results.

  • Marginal note:Evidence

    (2) In proceedings under subsection (1), evidence that an accused failed to stop his vehicle, vessel or, where possible, his aircraft, as the case may be, offer assistance where any person has been injured or appears to require assistance and give his name and address is, in the absence of evidence to the contrary, proof of an intent to escape civil or criminal liability.

  • R.S., 1985, c. C-46, s. 252;
  • R.S., 1985, c. 27 (1st Supp.), s. 36;
  • 1994, c. 44, s. 12;
  • 1999, c. 32, s. 1(Preamble).
Marginal note:Operation while impaired
  •  (1) Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,

    • (a) while the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or

    • (b) having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.

  • Marginal note:For greater certainty

    (2) For greater certainty, the reference to impairment by alcohol or a drug in paragraph (1)(a) includes impairment by a combination of alcohol and a drug.

  • R.S., 1985, c. C-46, s. 253;
  • R.S., 1985, c. 27 (1st Supp.), s. 36, c. 32 (4th Supp.), s. 59;
  • 2008, c. 6, s. 18.
Marginal note:Definitions
  •  (1) In this section and sections 254.1 to 258.1,

    “analyst”

    « analyste »

    “analyst” means a person designated by the Attorney General as an analyst for the purposes of section 258;

    “approved container”

    « contenant approuvé »

    “approved container” means

    • (a) in respect of breath samples, a container of a kind that is designed to receive a sample of the breath of a person for analysis and is approved as suitable for the purposes of section 258 by order of the Attorney General of Canada, and

    • (b) in respect of blood samples, a container of a kind that is designed to receive a sample of the blood of a person for analysis and is approved as suitable for the purposes of section 258 by order of the Attorney General of Canada;

    “approved instrument”

    « alcootest approuvé »

    “approved instrument” means an instrument of a kind that is designed to receive and make an analysis of a sample of the breath of a person in order to measure the concentration of alcohol in the blood of that person and is approved as suitable for the purposes of section 258 by order of the Attorney General of Canada;

    “approved screening device”

    « appareil de détection approuvé »

    “approved screening device” means a device of a kind that is designed to ascertain the presence of alcohol in the blood of a person and that is approved for the purposes of this section by order of the Attorney General of Canada;

    “evaluating officer”

    « agent évaluateur »

    “evaluating officer” means a peace officer who is qualified under the regulations to conduct evaluations under subsection (3.1);

    “qualified medical practitioner”

    « médecin qualifié »

    “qualified medical practitioner” means a person duly qualified by provincial law to practise medicine;

    “qualified technician”

    « technicien qualifié »

    “qualified technician” means,

    • (a) in respect of breath samples, a person designated by the Attorney General as being qualified to operate an approved instrument, and

    • (b) in respect of blood samples, any person or person of a class of persons designated by the Attorney General as being qualified to take samples of blood for the purposes of this section and sections 256 and 258.

  • Marginal note:Testing for presence of alcohol or a drug

    (2) If a peace officer has reasonable grounds to suspect that a person has alcohol or a drug in their body and that the person has, within the preceding three hours, operated a motor vehicle or vessel, operated or assisted in the operation of an aircraft or railway equipment or had the care or control of a motor vehicle, a vessel, an aircraft or railway equipment, whether it was in motion or not, the peace officer may, by demand, require the person to comply with paragraph (a), in the case of a drug, or with either or both of paragraphs (a) and (b), in the case of alcohol:

    • (a) to perform forthwith physical coordination tests prescribed by regulation to enable the peace officer to determine whether a demand may be made under subsection (3) or (3.1) and, if necessary, to accompany the peace officer for that purpose; and

    • (b) to provide forthwith a sample of breath that, in the peace officer’s opinion, will enable a proper analysis to be made by means of an approved screening device and, if necessary, to accompany the peace officer for that purpose.

  • Marginal note:Video recording

    (2.1) For greater certainty, a peace officer may make a video recording of a performance of the physical coordination tests referred to in paragraph (2)(a).

  • Marginal note:Samples of breath or blood

    (3) If a peace officer has reasonable grounds to believe that a person is committing, or at any time within the preceding three hours has committed, an offence under section 253 as a result of the consumption of alcohol, the peace officer may, by demand made as soon as practicable, require the person

    • (a) to provide, as soon as practicable,

      • (i) samples of breath that, in a qualified technician’s opinion, will enable a proper analysis to be made to determine the concentration, if any, of alcohol in the person’s blood, or

      • (ii) if the peace officer has reasonable grounds to believe that, because of their physical condition, the person may be incapable of providing a sample of breath or it would be impracticable to obtain a sample of breath, samples of blood that, in the opinion of the qualified medical practitioner or qualified technician taking the samples, will enable a proper analysis to be made to determine the concentration, if any, of alcohol in the person’s blood; and

    • (b) if necessary, to accompany the peace officer for that purpose.

  • Marginal note:Evaluation

    (3.1) If a peace officer has reasonable grounds to believe that a person is committing, or at any time within the preceding three hours has committed, an offence under paragraph 253(1)(a) as a result of the consumption of a drug or of a combination of alcohol and a drug, the peace officer may, by demand made as soon as practicable, require the person to submit, as soon as practicable, to an evaluation conducted by an evaluating officer to determine whether the person’s ability to operate a motor vehicle, a vessel, an aircraft or railway equipment is impaired by a drug or by a combination of alcohol and a drug, and to accompany the peace officer for that purpose.

  • Marginal note:Video recording

    (3.2) For greater certainty, a peace officer may make a video recording of an evaluation referred to in subsection (3.1).

  • Marginal note:Testing for presence of alcohol

    (3.3) If the evaluating officer has reasonable grounds to suspect that the person has alcohol in their body and if a demand was not made under paragraph (2)(b) or subsection (3), the evaluating officer may, by demand made as soon as practicable, require the person to provide, as soon as practicable, a sample of breath that, in the evaluating officer’s opinion, will enable a proper analysis to be made by means of an approved instrument.

  • Marginal note:Samples of bodily substances

    (3.4) If, on completion of the evaluation, the evaluating officer has reasonable grounds to believe, based on the evaluation, that the person’s ability to operate a motor vehicle, a vessel, an aircraft or railway equipment is impaired by a drug or by a combination of alcohol and a drug, the evaluating officer may, by demand made as soon as practicable, require the person to provide, as soon as practicable,

    • (a) a sample of either oral fluid or urine that, in the evaluating officer’s opinion, will enable a proper analysis to be made to determine whether the person has a drug in their body; or

    • (b) samples of blood that, in the opinion of the qualified medical practitioner or qualified technician taking the samples, will enable a proper analysis to be made to determine whether the person has a drug in their body.

  • Marginal note:Condition

    (4) Samples of blood may be taken from a person under subsection (3) or (3.4) only by or under the direction of a qualified medical practitioner who is satisfied that taking the samples would not endanger the person’s life or health.

  • Marginal note:Failure or refusal to comply with demand

    (5) Everyone commits an offence who, without reasonable excuse, fails or refuses to comply with a demand made under this section.

  • Marginal note:Only one determination of guilt

    (6) A person who is convicted of an offence under subsection (5) for a failure or refusal to comply with a demand may not be convicted of another offence under that subsection in respect of the same transaction.

  • R.S., 1985, c. C-46, s. 254;
  • R.S., 1985, c. 27 (1st Supp.), s. 36, c. 1 (4th Supp.), ss. 14, 18(F), c. 32 (4th Supp.), s. 60;
  • 1999, c. 32, s. 2(Preamble);
  • 2008, c. 6, s. 19.
Marginal note:Regulations
  •  (1) The Governor in Council may make regulations

    • (a) respecting the qualifications and training of evaluating officers;

    • (b) prescribing the physical coordination tests to be conducted under paragraph 254(2)(a); and

    • (c) prescribing the tests to be conducted and procedures to be followed during an evaluation under subsection 254(3.1).

  • Marginal note:Incorporated material

    (2) A regulation may incorporate any material by reference either as it exists on a specified date or as amended from time to time.

  • Marginal note:Incorporated material is not a regulation

    (3) For greater certainty, material does not become a regulation for the purposes of the Statutory Instruments Act because it is incorporated by reference.

  • 2008, c. 6, s. 20.
Marginal note:Punishment
  •  (1) Every one who commits an offence under section 253 or 254 is guilty of an indictable offence or an offence punishable on summary conviction and is liable,

    • (a) whether the offence is prosecuted by indictment or punishable on summary conviction, to the following minimum punishment, namely,

      • (i) for a first offence, to a fine of not less than $1,000,

      • (ii) for a second offence, to imprisonment for not less than 30 days, and

      • (iii) for each subsequent offence, to imprisonment for not less than 120 days;

    • (b) where the offence is prosecuted by indictment, to imprisonment for a term not exceeding five years; and

    • (c) if the offence is punishable on summary conviction, to imprisonment for a term of not more than 18 months.

  • Marginal note:Impaired driving causing bodily harm

    (2) Everyone who commits an offence under paragraph 253(1)(a) and causes bodily harm to another person as a result is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.

  • Marginal note:Blood alcohol level over legal limit — bodily harm

    (2.1) Everyone who, while committing an offence under paragraph 253(1)(b), causes an accident resulting in bodily harm to another person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.

  • Marginal note:Failure or refusal to provide sample — bodily harm

    (2.2) Everyone who commits an offence under subsection 254(5) and, at the time of committing the offence, knows or ought to know that their operation of the motor vehicle, vessel, aircraft or railway equipment, their assistance in the operation of the aircraft or railway equipment or their care or control of the motor vehicle, vessel, aircraft or railway equipment caused an accident resulting in bodily harm to another person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.

  • Marginal note:Impaired driving causing death

    (3) Everyone who commits an offence under paragraph 253(1)(a) and causes the death of another person as a result is guilty of an indictable offence and liable to imprisonment for life.

  • Marginal note:Blood alcohol level over legal limit — death

    (3.1) Everyone who, while committing an offence under paragraph 253(1)(b), causes an accident resulting in the death of another person is guilty of an indictable offence and liable to imprisonment for life.

  • Marginal note:Failure or refusal to provide sample — death

    (3.2) Everyone who commits an offence under subsection 254(5) and, at the time of committing the offence, knows or ought to know that their operation of the motor vehicle, vessel, aircraft or railway equipment, their assistance in the operation of the aircraft or railway equipment or their care or control of the motor vehicle, vessel, aircraft or railway equipment caused an accident resulting in the death of another person, or in bodily harm to another person whose death ensues, is guilty of an indictable offence and liable to imprisonment for life.

  • Marginal note:Interpretation

    (3.3) For greater certainty, everyone who is liable to the punishment described in any of subsections (2) to (3.2) is also liable to the minimum punishment described in paragraph (1)(a).

  • Marginal note:Previous convictions

    (4) A person who is convicted of an offence committed under section 253 or subsection 254(5) is, for the purposes of this Act, deemed to be convicted for a second or subsequent offence, as the case may be, if they have previously been convicted of

    • (a) an offence committed under either of those provisions;

    • (b) an offence under subsection (2) or (3); or

    • (c) an offence under section 250, 251, 252, 253, 259 or 260 or subsection 258(4) of this Act as this Act read immediately before the coming into force of this subsection.

  • Marginal note:Conditional discharge

    Footnote *(5) Notwithstanding subsection 730(1), a court may, instead of convicting a person of an offence committed under section 253, after hearing medical or other evidence, if it considers that the person is in need of curative treatment in relation to his consumption of alcohol or drugs and that it would not be contrary to the public interest, by order direct that the person be discharged under section 730 on the conditions prescribed in a probation order, including a condition respecting the person’s attendance for curative treatment in relation to that consumption of alcohol or drugs.

    • Return to footnote *[Note: In force in the Provinces of Nova Scotia, New Brunswick, Manitoba, Prince Edward Island, Saskatchewan and Alberta and in the Yukon Territory and the Northwest Territories, see SI/85-211 and SI/88-24.]

  • R.S., 1985, c. C-46, s. 255;
  • R.S., 1985, c. 27 (1st Supp.), s. 36;
  • R.S., 1985, c. 1 (4th Supp.), s. 18(F);
  • 1995, c. 22, s. 18;
  • 1999, c. 32, s. 3(Preamble);
  • 2000, c. 25, s. 2;
  • 2008, c. 6, s. 21, c. 18, ss. 7, 45.2.
Marginal note:Aggravating circumstances for sentencing purposes

 Without limiting the generality of section 718.2, where a court imposes a sentence for an offence committed under this Act by means of a motor vehicle, vessel or aircraft or of railway equipment, evidence that the concentration of alcohol in the blood of the offender at the time when the offence was committed exceeded one hundred and sixty milligrams of alcohol in one hundred millilitres of blood shall be deemed to be aggravating circumstances relating to the offence that the court shall consider under paragraph 718.2(a).

  • 1999, c. 32, s. 4(Preamble).
Marginal note:Warrants to obtain blood samples
  •  (1) Subject to subsection (2), if a justice is satisfied, on an information on oath in Form 1 or on an information on oath submitted to the justice under section 487.1 by telephone or other means of telecommunication, that there are reasonable grounds to believe that

    • (a) a person has, within the preceding four hours, committed, as a result of the consumption of alcohol or a drug, an offence under section 253 and the person was involved in an accident resulting in the death of another person or in bodily harm to himself or herself or to any other person, and

    • (b) a qualified medical practitioner is of the opinion that

      • (i) by reason of any physical or mental condition of the person that resulted from the consumption of alcohol or a drug, the accident or any other occurrence related to or resulting from the accident, the person is unable to consent to the taking of samples of his or her blood, and

      • (ii) the taking of samples of blood from the person would not endanger the life or health of the person,

    the justice may issue a warrant authorizing a peace officer to require a qualified medical practitioner to take, or to cause to be taken by a qualified technician under the direction of the qualified medical practitioner, the samples of the blood of the person that in the opinion of the person taking the samples are necessary to enable a proper analysis to be made in order to determine the concentration, if any, of alcohol or drugs in the person’s blood.

  • Marginal note:Form

    (2) A warrant issued pursuant to subsection (1) may be in Form 5 or 5.1 varied to suit the case.

  • Marginal note:Information on oath

    (3) Notwithstanding paragraphs 487.1(4)(b) and (c), an information on oath submitted by telephone or other means of telecommunication for the purposes of this section shall include, instead of the statements referred to in those paragraphs, a statement setting out the offence alleged to have been committed and identifying the person from whom blood samples are to be taken.

  • Marginal note:Duration of warrant

    (4) Samples of blood may be taken from a person pursuant to a warrant issued pursuant to subsection (1) only during such time as a qualified medical practitioner is satisfied that the conditions referred to in subparagraphs (1)(b)(i) and (ii) continue to exist in respect of that person.

  • Marginal note:Copy or facsimile to person

    (5) When a warrant issued under subsection (1) is executed, the peace officer shall, as soon as practicable, give a copy of it — or, in the case of a warrant issued by telephone or other means of telecommunication, a facsimile — to the person from whom the blood samples are taken.

  • R.S., 1985, c. C-46, s. 256;
  • R.S., 1985, c. 27 (1st Supp.), s. 36;
  • 1992, c. 1, s. 58;
  • 1994, c. 44, s. 13;
  • 2000, c. 25, s. 3;
  • 2008, c. 6, s. 22.
Marginal note:No offence committed
  •  (1) No qualified medical practitioner or qualified technician is guilty of an offence only by reason of his refusal to take a sample of blood from a person for the purposes of section 254 or 256 and no qualified medical practitioner is guilty of an offence only by reason of his refusal to cause to be taken by a qualified technician under his direction a sample of blood from a person for those purposes.

  • Marginal note:No criminal or civil liability

    (2) No qualified medical practitioner by whom or under whose direction a sample of blood is taken from a person under subsection 254(3) or (3.4) or section 256, and no qualified technician acting under the direction of a qualified medical practitioner, incurs any criminal or civil liability for anything necessarily done with reasonable care and skill when taking the sample.

  • R.S., 1985, c. C-46, s. 257;
  • R.S., 1985, c. 27 (1st Supp.), s. 36;
  • 2008, c. 6, s. 23.
Marginal note:Proceedings under section 255
  •  (1) In any proceedings under subsection 255(1) in respect of an offence committed under section 253 or subsection 254(5) or in any proceedings under any of subsections 255(2) to (3.2),

    • (a) where it is proved that the accused occupied the seat or position ordinarily occupied by a person who operates a motor vehicle, vessel or aircraft or any railway equipment or who assists in the operation of an aircraft or of railway equipment, the accused shall be deemed to have had the care or control of the vehicle, vessel, aircraft or railway equipment, as the case may be, unless the accused establishes that the accused did not occupy that seat or position for the purpose of setting the vehicle, vessel, aircraft or railway equipment in motion or assisting in the operation of the aircraft or railway equipment, as the case may be;

    • (b) the result of an analysis of a sample of the accused’s breath, blood, urine or other bodily substance — other than a sample taken under subsection 254(3), (3.3) or (3.4) — may be admitted in evidence even if the accused was not warned before they gave the sample that they need not give the sample or that the result of the analysis of the sample might be used in evidence;

    • (c) where samples of the breath of the accused have been taken pursuant to a demand made under subsection 254(3), if

      • (i) [Not in force]

      • (ii) each sample was taken as soon as practicable after the time when the offence was alleged to have been committed and, in the case of the first sample, not later than two hours after that time, with an interval of at least fifteen minutes between the times when the samples were taken,

      • (iii) each sample was received from the accused directly into an approved container or into an approved instrument operated by a qualified technician, and

      • (iv) an analysis of each sample was made by means of an approved instrument operated by a qualified technician,

      evidence of the results of the analyses so made is conclusive proof that the concentration of alcohol in the accused’s blood both at the time when the analyses were made and at the time when the offence was alleged to have been committed was, if the results of the analyses are the same, the concentration determined by the analyses and, if the results of the analyses are different, the lowest of the concentrations determined by the analyses, in the absence of evidence tending to show all of the following three things — that the approved instrument was malfunctioning or was operated improperly, that the malfunction or improper operation resulted in the determination that the concentration of alcohol in the accused’s blood exceeded 80 mg of alcohol in 100 mL of blood, and that the concentration of alcohol in the accused’s blood would not in fact have exceeded 80 mg of alcohol in 100 mL of blood at the time when the offence was alleged to have been committed;

    • (d) if a sample of the accused’s blood has been taken under subsection 254(3) or section 256 or with the accused’s consent and if

      • (i) at the time the sample was taken, the person taking the sample took an additional sample of the blood of the accused and one of the samples was retained to permit an analysis of it to be made by or on behalf of the accused and, in the case where the accused makes a request within six months from the taking of the samples, one of the samples was ordered to be released under subsection (4),

      • (ii) both samples referred to in subparagraph (i) were taken as soon as practicable and in any event not later than two hours after the time when the offence was alleged to have been committed,

      • (iii) both samples referred to in subparagraph (i) were taken by a qualified medical practitioner or a qualified technician under the direction of a qualified medical practitioner,

      • (iv) both samples referred to in subparagraph (i) were received from the accused directly into, or placed directly into, approved containers that were subsequently sealed, and

      • (v) an analysis was made by an analyst of at least one of the samples,

      evidence of the result of the analysis is conclusive proof that the concentration of alcohol in the accused’s blood both at the time when the samples were taken and at the time when the offence was alleged to have been committed was the concentration determined by the analysis or, if more than one sample was analyzed and the results of the analyses are the same, the concentration determined by the analyses and, if the results of the analyses are different, the lowest of the concentrations determined by the analyses, in the absence of evidence tending to show all of the following three things — that the analysis was performed improperly, that the improper performance resulted in the determination that the concentration of alcohol in the accused’s blood exceeded 80 mg of alcohol in 100 mL of blood, and that the concentration of alcohol in the accused’s blood would not in fact have exceeded 80 mg of alcohol in 100 mL of blood at the time when the offence was alleged to have been committed;

    • (d.01) for greater certainty, evidence tending to show that an approved instrument was malfunctioning or was operated improperly, or that an analysis of a sample of the accused’s blood was performed improperly, does not include evidence of

      • (i) the amount of alcohol that the accused consumed,

      • (ii) the rate at which the alcohol that the accused consumed would have been absorbed and eliminated by the accused’s body, or

      • (iii) a calculation based on that evidence of what the concentration of alcohol in the accused’s blood would have been at the time when the offence was alleged to have been committed;

    • (d.1) if samples of the accused’s breath or a sample of the accused’s blood have been taken as described in paragraph (c) or (d) under the conditions described in that paragraph and the results of the analyses show a concentration of alcohol in blood exceeding 80 mg of alcohol in 100 mL of blood, evidence of the results of the analyses is proof that the concentration of alcohol in the accused’s blood at the time when the offence was alleged to have been committed exceeded 80 mg of alcohol in 100 mL of blood, in the absence of evidence tending to show that the accused’s consumption of alcohol was consistent with both

      • (i) a concentration of alcohol in the accused’s blood that did not exceed 80 mg of alcohol in 100 mL of blood at the time when the offence was alleged to have been committed, and

      • (ii) the concentration of alcohol in the accused’s blood as determined under paragraph (c) or (d), as the case may be, at the time when the sample or samples were taken;

    • (e) a certificate of an analyst stating that the analyst has made an analysis of a sample of the blood, urine, breath or other bodily substance of the accused and stating the result of that analysis is evidence of the facts alleged in the certificate without proof of the signature or the official character of the person appearing to have signed the certificate;

    • (f) a certificate of an analyst stating that the analyst has made an analysis of a sample of an alcohol standard that is identified in the certificate and intended for use with an approved instrument and that the sample of the standard analyzed by the analyst was found to be suitable for use with an approved instrument, is evidence that the alcohol standard so identified is suitable for use with an approved instrument without proof of the signature or the official character of the person appearing to have signed the certificate;

    • (f.1) the document printed out from an approved instrument and signed by a qualified technician who certifies it to be the printout produced by the approved instrument when it made the analysis of a sample of the accused’s breath is evidence of the facts alleged in the document without proof of the signature or official character of the person appearing to have signed it;

    • (g) where samples of the breath of the accused have been taken pursuant to a demand made under subsection 254(3), a certificate of a qualified technician stating

      • (i) that the analysis of each of the samples has been made by means of an approved instrument operated by the technician and ascertained by the technician to be in proper working order by means of an alcohol standard, identified in the certificate, that is suitable for use with an approved instrument,

      • (ii) the results of the analyses so made, and

      • (iii) if the samples were taken by the technician,

        • (A) [Not in force]

        • (B) the time when and place where each sample and any specimen described in clause (A) was taken, and

        • (C) that each sample was received from the accused directly into an approved container or into an approved instrument operated by the technician,

      is evidence of the facts alleged in the certificate without proof of the signature or the official character of the person appearing to have signed the certificate;

    • (h) if a sample of the accused’s blood has been taken under subsection 254(3) or (3.4) or section 256 or with the accused’s consent,

      • (i) a certificate of a qualified medical practitioner stating that

        • (A) they took the sample and before the sample was taken they were of the opinion that taking it would not endanger the accused’s life or health and, in the case of a demand made under section 256, that by reason of any physical or mental condition of the accused that resulted from the consumption of alcohol or a drug, the accident or any other occurrence related to or resulting from the accident, the accused was unable to consent to the taking of the sample,

        • (B) at the time the sample was taken, an additional sample of the blood of the accused was taken to permit analysis of one of the samples to be made by or on behalf of the accused,

        • (C) the time when and place where both samples referred to in clause (B) were taken, and

        • (D) both samples referred to in clause (B) were received from the accused directly into, or placed directly into, approved containers that were subsequently sealed and that are identified in the certificate,

      • (ii) a certificate of a qualified medical practitioner stating that the medical practitioner caused the sample to be taken by a qualified technician under his direction and that before the sample was taken the qualified medical practitioner was of the opinion referred to in clause (i)(A), or

      • (iii) a certificate of a qualified technician stating that the technician took the sample and the facts referred to in clauses (i)(B) to (D)

      is evidence of the facts alleged in the certificate without proof of the signature or official character of the person appearing to have signed the certificate; and

    • (i) a certificate of an analyst stating that the analyst has made an analysis of a sample of the blood of the accused that was contained in a sealed approved container identified in the certificate, the date on which and place where the sample was analyzed and the result of that analysis is evidence of the facts alleged in the certificate without proof of the signature or official character of the person appearing to have signed it.

  • Marginal note:Evidence of failure to give sample

    (2) Unless a person is required to give a sample of a bodily substance under paragraph 254(2)(b) or subsection 254(3), (3.3) or (3.4), evidence that they failed or refused to give a sample for analysis for the purposes of this section or that a sample was not taken is not admissible and the failure, refusal or fact that a sample was not taken shall not be the subject of comment by any person in the proceedings.

  • Marginal note:Evidence of failure to comply with demand

    (3) In any proceedings under subsection 255(1) in respect of an offence committed under paragraph 253(1)(a) or in any proceedings under subsection 255(2) or (3), evidence that the accused, without reasonable excuse, failed or refused to comply with a demand made under section 254 is admissible and the court may draw an inference adverse to the accused from that evidence.

  • Marginal note:Release of sample for analysis

    (4) If, at the time a sample of an accused’s blood is taken, an additional sample is taken and retained, a judge of a superior court of criminal jurisdiction or a court of criminal jurisdiction shall, on the summary application of the accused made within six months after the day on which the samples were taken, order the release of one of the samples for the purpose of examination or analysis, subject to any terms that appear to be necessary or desirable to ensure that the sample is safeguarded and preserved for use in any proceedings in respect of which it was taken.

  • Marginal note:Testing of blood for concentration of a drug

    (5) A sample of an accused’s blood taken under subsection 254(3) or section 256 or with the accused’s consent for the purpose of analysis to determine the concentration, if any, of alcohol in the blood may be tested to determine the concentration, if any, of a drug in the blood.

  • Marginal note:Attendance and right to cross-examine

    (6) A party against whom a certificate described in paragraph (1)(e), (f), (f.1), (g), (h) or (i) is produced may, with leave of the court, require the attendance of the qualified medical practitioner, analyst or qualified technician, as the case may be, for the purposes of cross-examination.

  • Marginal note:Notice of intention to produce certificate

    (7) No certificate shall be received in evidence pursuant to paragraph (1)(e), (f), (g), (h) or (i) unless the party intending to produce it has, before the trial, given to the other party reasonable notice of his intention and a copy of the certificate.

  • R.S., 1985, c. C-46, s. 258;
  • R.S., 1985, c. 27 (1st Supp.), s. 36, c. 32 (4th Supp.), s. 61;
  • 1992, c. 1, s. 60(F);
  • 1994, c. 44, s. 14(E);
  • 1997, c. 18, s. 10;
  • 2008, c. 6, s. 24.
Marginal note:Unauthorized use of bodily substance
  •  (1) Subject to subsections 258(4) and (5) and subsection (3), no person shall use a bodily substance taken under paragraph 254(2)(b), subsection 254(3), (3.3) or (3.4) or section 256 or with the consent of the person from whom it was taken after a request by a peace officer or medical samples that are provided by consent and subsequently seized under a warrant, except for the purpose of an analysis that is referred to in that provision or for which the consent is given.

  • Marginal note:Unauthorized use or disclosure of results

    (2) Subject to subsections (3) and (4), no person shall use, disclose or allow the disclosure of the results of physical coordination tests under paragraph 254(2)(a), the results of an evaluation under subsection 254(3.1), the results of the analysis of a bodily substance taken under paragraph 254(2)(b), subsection 254(3), (3.3) or (3.4) or section 256 or with the consent of the person from whom it was taken after a request by a peace officer, or the results of the analysis of medical samples that are provided by consent and subsequently seized under a warrant, except

    • (a) in the course of an investigation of, or in a proceeding for, an offence under any of sections 220, 221, 236 and 249 to 255, an offence under Part I of the Aeronautics Act, or an offence under the Railway Safety Act in respect of a contravention of a rule or regulation made under that Act respecting the use of alcohol or a drug; or

    • (b) for the purpose of the administration or enforcement of the law of a province.

  • Marginal note:Exception

    (3) Subsections (1) and (2) do not apply to persons who for medical purposes use samples or use or disclose the results of tests, taken for medical purposes, that are subsequently seized under a warrant.

  • Marginal note:Exception

    (4) The results of physical coordination tests, an evaluation or an analysis referred to in subsection (2) may be disclosed to the person to whom they relate, and may be disclosed to any other person if the results are made anonymous and the disclosure is made for statistical or other research purposes.

  • Marginal note:Offence

    (5) Every person who contravenes subsection (1) or (2) is guilty of an offence punishable on summary conviction.

  • 2008, c. 6, s. 25.
Marginal note:Mandatory order of prohibition
  •  (1) When an offender is convicted of an offence committed under section 253 or 254 or this section or discharged under section 730 of an offence committed under section 253 and, at the time the offence was committed or, in the case of an offence committed under section 254, within the three hours preceding that time, was operating or had the care or control of a motor vehicle, vessel or aircraft or of railway equipment or was assisting in the operation of an aircraft or of railway equipment, the court that sentences the offender shall, in addition to any other punishment that may be imposed for that offence, make an order prohibiting the offender from operating a motor vehicle on any street, road, highway or other public place, or from operating a vessel or an aircraft or railway equipment, as the case may be,

    • (a) for a first offence, during a period of not more than three years plus any period to which the offender is sentenced to imprisonment, and not less than one year;

    • (b) for a second offence, during a period of not more than five years plus any period to which the offender is sentenced to imprisonment, and not less than two years; and

    • (c) for each subsequent offence, during a period of not less than three years plus any period to which the offender is sentenced to imprisonment.

  • Marginal note:Alcohol ignition interlock device program

    (1.1) If the offender is registered in an alcohol ignition interlock device program established under the law of the province in which the offender resides and complies with the conditions of the program, the offender may, subject to subsection (1.2), operate a motor vehicle equipped with an alcohol ignition interlock device during the prohibition period, unless the court orders otherwise.

  • Marginal note:Minimum absolute prohibition period

    (1.2) An offender who is registered in a program referred to in subsection (1.1) may not operate a motor vehicle equipped with an alcohol ignition interlock device until

    • (a) the expiry of a period of

      • (i) for a first offence, 3 months after the day on which sentence is imposed,

      • (ii) for a second offence, 6 months after the day on which sentence is imposed, and

      • (iii) for each subsequent offence, 12 months after the day on which sentence is imposed; or

    • (b) the expiry of any period that may be fixed by order of the court that is greater than a period referred to in paragraph (a).

  • (1.3) and (1.4) [Repealed, 2008, c. 18, s. 8]

  • Marginal note:Discretionary order of prohibition

    (2) If an offender is convicted or discharged under section 730 of an offence under section 220, 221, 236, 249, 249.1, 250, 251 or 252 or any of subsections 255(2) to (3.2) committed by means of a motor vehicle, a vessel, an aircraft or railway equipment, the court that sentences the offender may, in addition to any other punishment that may be imposed for that offence, make an order prohibiting the offender from operating a motor vehicle on any street, road, highway or other public place, or from operating a vessel, an aircraft or railway equipment, as the case may be,

    • (a) during any period that the court considers proper, if the offender is sentenced to imprisonment for life in respect of that offence;

    • (a.1) during any period that the court considers proper, plus any period to which the offender is sentenced to imprisonment, if the offender is liable to imprisonment for life in respect of that offence and if the sentence imposed is other than imprisonment for life;

    • (b) during any period not exceeding ten years plus any period to which the offender is sentenced to imprisonment, if the offender is liable to imprisonment for more than five years but less than life in respect of that offence; and

    • (c) during any period not exceeding three years plus any period to which the offender is sentenced to imprisonment, in any other case.

  • Marginal note:Consecutive prohibition periods

    (2.1) The court may, when it makes an order under this section prohibiting the operation of a motor vehicle, a vessel, an aircraft or railway equipment, as the case may be, order that the time served under that order be served consecutively to the time served under any other order made under this section that prohibits the operation of the same means of transport and that is in force.

  • Marginal note:Saving

    (3) No order made under subsection (1) or (2) shall operate to prevent any person from acting as master, mate or engineer of a vessel that is required to carry officers holding certificates as master, mate or engineer.

  • Marginal note:Mandatory order of prohibition — street racing

    (3.1) When an offender is convicted or discharged under section 730 of an offence committed under subsection 249.4(1), the court that sentences the offender shall, in addition to any other punishment that may be imposed for that offence, make an order prohibiting the offender from operating a motor vehicle on any street, road, highway or other public place

    • (a) for a first offence, during a period of not more than three years plus any period to which the offender is sentenced to imprisonment, and not less than one year;

    • (b) for a second offence, during a period of not more than five years plus any period to which the offender is sentenced to imprisonment, and not less than two years; and

    • (c) for each subsequent offence, during a period of not less than three years plus any period to which the offender is sentenced to imprisonment.

  • Marginal note:Mandatory order of prohibition — bodily harm

    (3.2) When an offender is convicted or discharged under section 730 of an offence committed under section 249.3 or subsection 249.4(3), the court that sentences the offender shall, in addition to any other punishment that may be imposed for that offence, make an order prohibiting the offender from operating a motor vehicle on any street, road, highway or other public place

    • (a) for a first offence, during a period of not more than ten years plus any period to which the offender is sentenced to imprisonment, and not less than one year;

    • (b) for a second offence, during a period of not more than ten years plus any period to which the offender is sentenced to imprisonment, and not less than two years; and

    • (c) for each subsequent offence, during a period of not less than three years plus any period to which the offender is sentenced to imprisonment.

  • Marginal note:Mandatory order of prohibition — death

    (3.3) When an offender is convicted or discharged under section 730 of a first offence committed under section 249.2 or subsection 249.4(4), the court that sentences the offender shall, in addition to any other punishment that may be imposed for that offence, make an order prohibiting the offender from operating a motor vehicle on any street, road, highway or other public place

    • (a) for an offence under section 249.2, during a period of not less than one year plus any period to which the offender is sentenced to imprisonment; and

    • (b) for an offence under subsection 249.4(4), during a period of not more than ten years plus any period to which the offender is sentenced to imprisonment, and not less than one year.

  • Marginal note:Mandatory life prohibition

    (3.4) When an offender is convicted or discharged under section 730 of an offence committed under section 249.2 or 249.3 or subsection 249.4(3) or (4), the offender has previously been convicted or discharged under section 730 of one of those offences and at least one of the convictions or discharges is under section 249.2 or subsection 249.4(4), the court that sentences the offender shall make an order prohibiting the offender from operating a motor vehicle on any street, road, highway or other public place for life.

  • Marginal note:Operation while disqualified

    (4) Every offender who operates a motor vehicle, vessel or aircraft or any railway equipment in Canada while disqualified from doing so, other than an offender who is registered in an alcohol ignition interlock device program established under the law of the province in which the offender resides and who complies with the conditions of the program,

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • Definition of “disqualification”

    (5) For the purposes of this section, “disqualification” means

    • (a) a prohibition from operating a motor vehicle, vessel or aircraft or any railway equipment ordered pursuant to any of subsections (1), (2) and (3.1) to (3.4); or

    • (b) a disqualification or any other form of legal restriction of the right or privilege to operate a motor vehicle, vessel or aircraft imposed

      • (i) in the case of a motor vehicle, under the law of a province, or

      • (ii) in the case of a vessel or an aircraft, under an Act of Parliament,

      in respect of a conviction or discharge under section 730 of any offence referred to in any of subsections (1), (2) and (3.1) to (3.4).

  • R.S., 1985, c. C-46, s. 259;
  • R.S., 1985, c. 27 (1st Supp.), s. 36, c. 1 (4th Supp.), s. 18(F), c. 32 (4th Supp.), s. 62;
  • 1995, c. 22, ss. 10, 18;
  • 1997, c. 18, s. 11;
  • 1999, c. 32, s. 5(Preamble);
  • 2000, c. 2, s. 2;
  • 2001, c. 37, s. 1;
  • 2006, c. 14, s. 3;
  • 2008, c. 6, s. 26, c. 18, s. 8.
Marginal note:Proceedings on making of prohibition order
  •  (1) If a court makes a prohibition order under section 259 in relation to an offender, it shall cause

    • (a) the order to be read by or to the offender;

    • (b) a copy of the order to be given to the offender; and

    • (c) the offender to be informed of subsection 259(4).

  • Marginal note:Endorsement by offender

    (2) After subsection (1) has been complied with in relation to an offender who is bound by an order referred to in that subsection, the offender shall endorse the order, acknowledging receipt of a copy thereof and that the order has been explained to him.

  • Marginal note:Validity of order not affected

    (3) The failure of an offender to endorse an order pursuant to subsection (2) does not affect the validity of the order.

  • Marginal note:Onus

    (4) In the absence of evidence to the contrary, where it is proved that a disqualification referred to in paragraph 259(5)(b) has been imposed on a person and that notice of the disqualification has been mailed by registered or certified mail to that person, that person shall, after five days following the mailing of the notice, be deemed to have received the notice and to have knowledge of the disqualification, of the date of its commencement and of its duration.

  • Marginal note:Certificate admissible in evidence

    (5) In proceedings under section 259, a certificate setting out with reasonable particularity that a person is disqualified from

    • (a) driving a motor vehicle in a province, purporting to be signed by the registrar of motor vehicles for that province, or

    • (b) operating a vessel or aircraft, purporting to be signed by the Minister of Transport or any person authorized by the Minister of Transport for that purpose

    is evidence of the facts alleged therein without proof of the signature or official character of the person by whom it purports to be signed.

  • Marginal note:Notice to accused

    (6) Subsection (5) does not apply in any proceedings unless at least seven days notice in writing is given to the accused that it is intended to tender the certificate in evidence.

  • Definition of “registrar of motor vehicles”

    (7) In subsection (5), “registrar of motor vehicles” includes the deputy of that registrar and any other person or body, by whatever name or title designated, that from time to time performs the duties of superintending the registration of motor vehicles in the province.

  • R.S., 1985, c. C-46, s. 260;
  • R.S., 1985, c. 27 (1st Supp.), s. 36, c. 1 (4th Supp.), s. 18(F);
  • 2006, c. 14, s. 4.
Marginal note:Stay of order pending appeal
  •  (1) Subject to subsection (1.1), if an appeal is taken against a conviction or discharge under section 730 for an offence committed under any of sections 220, 221, 236, 249 to 255 and 259, a judge of the court being appealed to may direct that any prohibition order under section 259 arising out of the conviction or discharge shall, on any conditions that the judge or court imposes, be stayed pending the final disposition of the appeal or until otherwise ordered by that court.

  • Marginal note:Appeals to Supreme Court of Canada

    (1.1) In the case of an appeal to the Supreme Court of Canada, the direction referred to in subsection (1) may be made only by a judge of the court being appealed from and not by a judge of the Supreme Court of Canada.

  • Marginal note:Effect of conditions

    (2) If conditions are imposed under a direction made under subsection (1) or (1.1) that a prohibition order be stayed, the direction shall not operate to decrease the period of prohibition provided in the order.

  • R.S., 1985, c. C-46, s. 261;
  • R.S., 1985, c. 27 (1st Supp.), s. 36, c. 1 (4th Supp.), s. 18(F);
  • 1994, c. 44, ss. 15, 103;
  • 1995, c. 22, s. 10;
  • 1997, c. 18, ss. 12, 141;
  • 2006, c. 14, s. 5;
  • 2008, c. 6, s. 27.
Marginal note:Impeding attempt to save life

 Every one who

  • (a) prevents or impedes or attempts to prevent or impede any person who is attempting to save his own life, or

  • (b) without reasonable cause prevents or impedes or attempts to prevent or impede any person who is attempting to save the life of another person,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

  • R.S., c. C-34, s. 241.
Marginal note:Duty to safeguard opening in ice
  •  (1) Every one who makes or causes to be made an opening in ice that is open to or frequented by the public is under a legal duty to guard it in a manner that is adequate to prevent persons from falling in by accident and is adequate to warn them that the opening exists.

  • Marginal note:Excavation on land

    (2) Every one who leaves an excavation on land that he owns or of which he has charge or supervision is under a legal duty to guard it in a manner that is adequate to prevent persons from falling in by accident and is adequate to warn them that the excavation exists.

  • Marginal note:Offences

    (3) Every one who fails to perform a duty imposed by subsection (1) or (2) is guilty of

    • (a) manslaughter, if the death of any person results therefrom;

    • (b) an offence under section 269, if bodily harm to any person results therefrom; or

    • (c) an offence punishable on summary conviction.

  • R.S., c. C-34, s. 242;
  • 1980-81-82-83, c. 125, s. 18.
Marginal note:Criminal harassment
  •  (1) No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them.

  • Marginal note:Prohibited conduct

    (2) The conduct mentioned in subsection (1) consists of

    • (a) repeatedly following from place to place the other person or anyone known to them;

    • (b) repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;

    • (c) besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or

    • (d) engaging in threatening conduct directed at the other person or any member of their family.

  • Marginal note:Punishment

    (3) Every person who contravenes this section is guilty of

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

    • (b) an offence punishable on summary conviction.

  • Marginal note:Factors to be considered

    (4) Where a person is convicted of an offence under this section, the court imposing the sentence on the person shall consider as an aggravating factor that, at the time the offence was committed, the person contravened

    • (a) the terms or conditions of an order made pursuant to section 161 or a recognizance entered into pursuant to section 810, 810.1 or 810.2; or

    • (b) the terms or conditions of any other order or recognizance made or entered into under the common law or a provision of this or any other Act of Parliament or of a province that is similar in effect to an order or recognizance referred to in paragraph (a).

  • Marginal note:Reasons

    (5) Where the court is satisfied of the existence of an aggravating factor referred to in subsection (4), but decides not to give effect to it for sentencing purposes, the court shall give reasons for its decision.

  • R.S., 1985, c. C-46, s. 264;
  • R.S., 1985, c. 27 (1st Supp.), s. 37;
  • 1993, c. 45, s. 2;
  • 1997, c. 16, s. 4, c. 17, s. 9;
  • 2002, c. 13, s. 10.

Assaults

Marginal note:Uttering threats
  •  (1) Every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat

    • (a) to cause death or bodily harm to any person;

    • (b) to burn, destroy or damage real or personal property; or

    • (c) to kill, poison or injure an animal or bird that is the property of any person.

  • Marginal note:Punishment

    (2) Every one who commits an offence under paragraph (1)(a) is guilty of

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

    • (b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

  • Marginal note:Idem

    (3) Every one who commits an offence under paragraph (1)(b) or (c)

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

    • (b) is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. 27 (1st Supp.), s. 38;
  • 1994, c. 44, s. 16.
Marginal note:Assault
  •  (1) A person commits an assault when

    • (a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;

    • (b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or

    • (c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.

  • Marginal note:Application

    (2) This section applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault.

  • Marginal note:Consent

    (3) For the purposes of this section, no consent is obtained where the complainant submits or does not resist by reason of

    • (a) the application of force to the complainant or to a person other than the complainant;

    • (b) threats or fear of the application of force to the complainant or to a person other than the complainant;

    • (c) fraud; or

    • (d) the exercise of authority.

  • Marginal note:Accused’s belief as to consent

    (4) Where an accused alleges that he believed that the complainant consented to the conduct that is the subject-matter of the charge, a judge, if satisfied that there is sufficient evidence and that, if believed by the jury, the evidence would constitute a defence, shall instruct the jury, when reviewing all the evidence relating to the determination of the honesty of the accused’s belief, to consider the presence or absence of reasonable grounds for that belief.

  • R.S., c. C-34, s. 244;
  • 1974-75-76, c. 93, s. 21;
  • 1980-81-82-83, c. 125, s. 19.
Marginal note:Assault

 Every one who commits an assault is guilty of

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

  • (b) an offence punishable on summary conviction.

  • R.S., c. C-34, s. 245;
  • 1972, c. 13, s. 21;
  • 1974-75-76, c. 93, s. 22;
  • 1980-81-82-83, c. 125, s. 19.
Marginal note:Assault with a weapon or causing bodily harm

 Every one who, in committing an assault,

  • (a) carries, uses or threatens to use a weapon or an imitation thereof, or

  • (b) causes bodily harm to the complainant,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

  • R.S., 1985, c. C-46, s. 267;
  • 1994, c. 44, s. 17.
Marginal note:Aggravated assault
  •  (1) Every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant.

  • Marginal note:Punishment

    (2) Every one who commits an aggravated assault is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • Marginal note:Excision

    (3) For greater certainty, in this section, “wounds” or “maims” includes to excise, infibulate or mutilate, in whole or in part, the labia majora, labia minora or clitoris of a person, except where

    • (a) a surgical procedure is performed, by a person duly qualified by provincial law to practise medicine, for the benefit of the physical health of the person or for the purpose of that person having normal reproductive functions or normal sexual appearance or function; or

    • (b) the person is at least eighteen years of age and there is no resulting bodily harm.

  • Marginal note:Consent

    (4) For the purposes of this section and section 265, no consent to the excision, infibulation or mutilation, in whole or in part, of the labia majora, labia minora or clitoris of a person is valid, except in the cases described in paragraphs (3)(a) and (b).

  • R.S., 1985, c. C-46, s. 268;
  • 1997, c. 16, s. 5.
Marginal note:Unlawfully causing bodily harm

 Every one who unlawfully causes bodily harm to any person is guilty of

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

  • (b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

  • R.S., 1985, c. C-46, s. 269;
  • 1994, c. 44, s. 18.
Marginal note:Torture
  •  (1) Every official, or every person acting at the instigation of or with the consent or acquiescence of an official, who inflicts torture on any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • Marginal note:Definitions

    (2) For the purposes of this section,

    “official”

    « fonctionnaire »

    “official” means

    • (a) a peace officer,

    • (b) a public officer,

    • (c) a member of the Canadian Forces, or

    • (d) any person who may exercise powers, pursuant to a law in force in a foreign state, that would, in Canada, be exercised by a person referred to in paragraph (a), (b), or (c),

    whether the person exercises powers in Canada or outside Canada;

    “torture”

    « torture »

    “torture” means any act or omission by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person

    • (a) for a purpose including

      • (i) obtaining from the person or from a third person information or a statement,

      • (ii) punishing the person for an act that the person or a third person has committed or is suspected of having committed, and

      • (iii) intimidating or coercing the person or a third person, or

    • (b) for any reason based on discrimination of any kind,

    but does not include any act or omission arising only from, inherent in or incidental to lawful sanctions.

  • Marginal note:No defence

    (3) It is no defence to a charge under this section that the accused was ordered by a superior or a public authority to perform the act or omission that forms the subject-matter of the charge or that the act or omission is alleged to have been justified by exceptional circumstances, including a state of war, a threat of war, internal political instability or any other public emergency.

  • Marginal note:Evidence

    (4) In any proceedings over which Parliament has jurisdiction, any statement obtained as a result of the commission of an offence under this section is inadmissible in evidence, except as evidence that the statement was so obtained.

  • R.S., 1985, c. 10 (3rd Supp.), s. 2.
Marginal note:Assaulting a peace officer
  •  (1) Every one commits an offence who

    • (a) assaults a public officer or peace officer engaged in the execution of his duty or a person acting in aid of such an officer;

    • (b) assaults a person with intent to resist or prevent the lawful arrest or detention of himself or another person; or

    • (c) assaults a person

      • (i) who is engaged in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, or

      • (ii) with intent to rescue anything taken under lawful process, distress or seizure.

  • Marginal note:Punishment

    (2) Every one who commits an offence under subsection (1) is guilty of

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

    • (b) an offence punishable on summary conviction.

  • R.S., c. C-34, s. 246;
  • 1972, c. 13, s. 22;
  • 1980-81-82-83, c. 125, s. 19.
Marginal note:Assaulting peace officer with weapon or causing bodily harm
  •  (1) Everyone commits an offence who, in committing an assault referred to in section 270,

    • (a) carries, uses or threatens to use a weapon or an imitation of one; or

    • (b) causes bodily harm to the complainant.

  • Marginal note:Punishment

    (2) Everyone who commits an offence under subsection (1) is guilty of

    • (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

    • (b) an offence punishable on summary conviction and liable to imprisonment for a term of not more than 18 months.

  • 2009, c. 22, s. 9.
Marginal note:Aggravated assault of peace officer

 Everyone who, in committing an assault referred to in section 270, wounds, maims, disfigures or endangers the life of the complainant is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.

  • 2009, c. 22, s. 9.
Marginal note:Disarming a peace officer
  •  (1) Every one commits an offence who, without the consent of a peace officer, takes or attempts to take a weapon that is in the possession of the peace officer when the peace officer is engaged in the execution of his or her duty.

  • Marginal note:Definition of “weapon”

    (2) For the purpose of subsection (1), “weapon” means any thing that is designed to be used to cause injury or death to, or to temporarily incapacitate, a person.

  • Marginal note:Punishment

    (3) Every one who commits an offence under subsection (1) is guilty of

    • (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

    • (b) an offence punishable on summary conviction and liable to imprisonment for a term of not more than eighteen months.

  • 2002, c. 13, s. 11.
Marginal note:Sexual assault
  •  (1) Every one who commits a sexual assault is guilty of

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

    • (b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

  • (2) [Repealed, R.S., 1985, c. 19 (3rd Supp.), s. 10]

  • R.S., 1985, c. C-46, s. 271;
  • R.S., 1985, c. 19 (3rd Supp.), s. 10;
  • 1994, c. 44, s. 19.
Marginal note:Sexual assault with a weapon, threats to a third party or causing bodily harm
  •  (1) Every person commits an offence who, in committing a sexual assault,

    • (a) carries, uses or threatens to use a weapon or an imitation of a weapon;

    • (b) threatens to cause bodily harm to a person other than the complainant;

    • (c) causes bodily harm to the complainant; or

    • (d) is a party to the offence with any other person.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable

    • (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of

      • (i) in the case of a first offence, five years, and

      • (ii) in the case of a second or subsequent offence, seven years;

    • (a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of four years; and

    • (b) in any other case, to imprisonment for a term not exceeding fourteen years.

  • Marginal note:Subsequent offences

    (3) In determining, for the purpose of paragraph (2)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

    • (a) an offence under this section;

    • (b) an offence under subsection 85(1) or (2) or section 244 or 244.2; or

    • (c) an offence under section 220, 236, 239 or 273, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence.

    However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

  • Marginal note:Sequence of convictions only

    (4) For the purposes of subsection (3), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

  • R.S., 1985, c. C-46, s. 272;
  • 1995, c. 39, s. 145;
  • 2008, c. 6, s. 28;
  • 2009, c. 22, s. 10.
Marginal note:Aggravated sexual assault
  •  (1) Every one commits an aggravated sexual assault who, in committing a sexual assault, wounds, maims, disfigures or endangers the life of the complainant.

  • Marginal note:Aggravated sexual assault

    (2) Every person who commits an aggravated sexual assault is guilty of an indictable offence and liable

    • (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of

      • (i) in the case of a first offence, five years, and

      • (ii) in the case of a second or subsequent offence, seven years;

    • (a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

    • (b) in any other case, to imprisonment for life.

  • Marginal note:Subsequent offences

    (3) In determining, for the purpose of paragraph (2)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

    • (a) an offence under this section;

    • (b) an offence under subsection 85(1) or (2) or section 244 or 244.2; or

    • (c) an offence under section 220, 236, 239 or 272, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence.

    However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

  • Marginal note:Sequence of convictions only

    (4) For the purposes of subsection (3), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

  • R.S., 1985, c. C-46, s. 273;
  • 1995, c. 39, s. 146;
  • 2008, c. 6, s. 29;
  • 2009, c. 22, s. 11.
Marginal note:Meaning of “consent”
  •  (1) Subject to subsection (2) and subsection 265(3), “consent” means, for the purposes of sections 271, 272 and 273, the voluntary agreement of the complainant to engage in the sexual activity in question.

  • Marginal note:Where no consent obtained

    (2) No consent is obtained, for the purposes of sections 271, 272 and 273, where

    • (a) the agreement is expressed by the words or conduct of a person other than the complainant;

    • (b) the complainant is incapable of consenting to the activity;

    • (c) the accused induces the complainant to engage in the activity by abusing a position of trust, power or authority;

    • (d) the complainant expresses, by words or conduct, a lack of agreement to engage in the activity; or

    • (e) the complainant, having consented to engage in sexual activity, expresses, by words or conduct, a lack of agreement to continue to engage in the activity.

  • Marginal note:Subsection (2) not limiting

    (3) Nothing in subsection (2) shall be construed as limiting the circumstances in which no consent is obtained.

  • 1992, c. 38, s. 1.
Marginal note:Where belief in consent not a defence

 It is not a defence to a charge under section 271, 272 or 273 that the accused believed that the complainant consented to the activity that forms the subject-matter of the charge, where

  • (a) the accused’s belief arose from the accused’s

    • (i) self-induced intoxication, or

    • (ii) recklessness or wilful blindness; or

  • (b) the accused did not take reasonable steps, in the circumstances known to the accused at the time, to ascertain that the complainant was consenting.

  • 1992, c. 38, s. 1.
Marginal note:Removal of child from Canada
  •  (1) No person shall do anything for the purpose of removing from Canada a person who is ordinarily resident in Canada and who is

    • (a) under the age of 16 years, with the intention that an act be committed outside Canada that if it were committed in Canada would be an offence against section 151 or 152 or subsection 160(3) or 173(2) in respect of that person;

    • (b) 16 years of age or more but under the age of eighteen years, with the intention that an act be committed outside Canada that if it were committed in Canada would be an offence against section 153 in respect of that person; or

    • (c) under the age of eighteen years, with the intention that an act be committed outside Canada that if it were committed in Canada would be an offence against section 155 or 159, subsection 160(2) or section 170, 171, 267, 268, 269, 271, 272 or 273 in respect of that person.

  • Marginal note:Punishment

    (2) Every person who contravenes this section is guilty of

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

    • (b) an offence punishable on summary conviction.

  • 1993, c. 45, s. 3;
  • 1997, c. 18, s. 13;
  • 2008, c. 6, s. 54.
Marginal note:Corroboration not required

 If an accused is charged with an offence under section 151, 152, 153, 153.1, 155, 159, 160, 170, 171, 172, 173, 212, 271, 272 or 273, no corroboration is required for a conviction and the judge shall not instruct the jury that it is unsafe to find the accused guilty in the absence of corroboration.

  • R.S., 1985, c. C-46, s. 274;
  • R.S., 1985, c. 19 (3rd Supp.), s. 11;
  • 2002, c. 13, s. 12.
Marginal note:Rules respecting recent complaint abrogated

 The rules relating to evidence of recent complaint are hereby abrogated with respect to offences under sections 151, 152, 153, 153.1, 155 and 159, subsections 160(2) and (3) and sections 170, 171, 172, 173, 271, 272 and 273.

  • R.S., 1985, c. C-46, s. 275;
  • R.S., 1985, c. 19 (3rd Supp.), s. 11;
  • 2002, c. 13, s. 12.
Marginal note:Evidence of complainant’s sexual activity
  •  (1) In proceedings in respect of an offence under section 151, 152, 153, 153.1, 155 or 159, subsection 160(2) or (3) or section 170, 171, 172, 173, 271, 272 or 273, evidence that the complainant has engaged in sexual activity, whether with the accused or with any other person, is not admissible to support an inference that, by reason of the sexual nature of that activity, the complainant

    • (a) is more likely to have consented to the sexual activity that forms the subject-matter of the charge; or

    • (b) is less worthy of belief.

  • Marginal note:Idem

    (2) In proceedings in respect of an offence referred to in subsection (1), no evidence shall be adduced by or on behalf of the accused that the complainant has engaged in sexual activity other than the sexual activity that forms the subject-matter of the charge, whether with the accused or with any other person, unless the judge, provincial court judge or justice determines, in accordance with the procedures set out in sections 276.1 and 276.2, that the evidence

    • (a) is of specific instances of sexual activity;

    • (b) is relevant to an issue at trial; and

    • (c) has significant probative value that is not substantially outweighed by the danger of prejudice to the proper administration of justice.

  • Marginal note:Factors that judge must consider

    (3) In determining whether evidence is admissible under subsection (2), the judge, provincial court judge or justice shall take into account

    • (a) the interests of justice, including the right of the accused to make a full answer and defence;

    • (b) society’s interest in encouraging the reporting of sexual assault offences;

    • (c) whether there is a reasonable prospect that the evidence will assist in arriving at a just determination in the case;

    • (d) the need to remove from the fact-finding process any discriminatory belief or bias;

    • (e) the risk that the evidence may unduly arouse sentiments of prejudice, sympathy or hostility in the jury;

    • (f) the potential prejudice to the complainant’s personal dignity and right of privacy;

    • (g) the right of the complainant and of every individual to personal security and to the full protection and benefit of the law; and

    • (h) any other factor that the judge, provincial court judge or justice considers relevant.

  • R.S., 1985, c. C-46, s. 276;
  • R.S., 1985, c. 19 (3rd Supp.), s. 12;
  • 1992, c. 38, s. 2;
  • 2002, c. 13, s. 13.
Marginal note:Application for hearing
  •  (1) Application may be made to the judge, provincial court judge or justice by or on behalf of the accused for a hearing under section 276.2 to determine whether evidence is admissible under subsection 276(2).

  • Marginal note:Form and content of application

    (2) An application referred to in subsection (1) must be made in writing and set out

    • (a) detailed particulars of the evidence that the accused seeks to adduce, and

    • (b) the relevance of that evidence to an issue at trial,

    and a copy of the application must be given to the prosecutor and to the clerk of the court.

  • Marginal note:Jury and public excluded

    (3) The judge, provincial court judge or justice shall consider the application with the jury and the public excluded.

  • Marginal note:Judge may decide to hold hearing

    (4) Where the judge, provincial court judge or justice is satisfied

    • (a) that the application was made in accordance with subsection (2),

    • (b) that a copy of the application was given to the prosecutor and to the clerk of the court at least seven days previously, or such shorter interval as the judge, provincial court judge or justice may allow where the interests of justice so require, and

    • (c) that the evidence sought to be adduced is capable of being admissible under subsection 276(2),

    the judge, provincial court judge or justice shall grant the application and hold a hearing under section 276.2 to determine whether the evidence is admissible under subsection 276(2).

  • 1992, c. 38, s. 2.
Marginal note:Jury and public excluded
  •  (1) At a hearing to determine whether evidence is admissible under subsection 276(2), the jury and the public shall be excluded.

  • Marginal note:Complainant not compellable

    (2) The complainant is not a compellable witness at the hearing.

  • Marginal note:Judge’s determination and reasons

    (3) At the conclusion of the hearing, the judge, provincial court judge or justice shall determine whether the evidence, or any part thereof, is admissible under subsection 276(2) and shall provide reasons for that determination, and

    • (a) where not all of the evidence is to be admitted, the reasons must state the part of the evidence that is to be admitted;

    • (b) the reasons must state the factors referred to in subsection 276(3) that affected the determination; and

    • (c) where all or any part of the evidence is to be admitted, the reasons must state the manner in which that evidence is expected to be relevant to an issue at trial.

  • Marginal note:Record of reasons

    (4) The reasons provided under subsection (3) shall be entered in the record of the proceedings or, where the proceedings are not recorded, shall be provided in writing.

  • 1992, c. 38, s. 2.
Marginal note:Publication prohibited
  •  (1) No person shall publish in any document, or broadcast or transmit in any way, any of the following:

    • (a) the contents of an application made under section 276.1;

    • (b) any evidence taken, the information given and the representations made at an application under section 276.1 or at a hearing under section 276.2;

    • (c) the decision of a judge or justice under subsection 276.1(4), unless the judge or justice, after taking into account the complain­ant’s right of privacy and the interests of justice, orders that the decision may be published, broadcast or transmitted; and

    • (d) the determination made and the reasons provided under section 276.2, unless

      • (i) that determination is that evidence is admissible, or

      • (ii) the judge or justice, after taking into account the complainant’s right of privacy and the interests of justice, orders that the determination and reasons may be published, broadcast or transmitted.

  • Marginal note:Offence

    (2) Every person who contravenes subsection (1) is guilty of an offence punishable on summary conviction.

  • 1992, c. 38, s. 2;
  • 2005, c. 32, s. 13.
Marginal note:Judge to instruct jury re use of evidence

 Where evidence is admitted at trial pursuant to a determination made under section 276.2, the judge shall instruct the jury as to the uses that the jury may and may not make of that evidence.

  • 1992, c. 38, s. 2.
Marginal note:Appeal

 For the purposes of sections 675 and 676, a determination made under section 276.2 shall be deemed to be a question of law.

  • 1992, c. 38, s. 2.
Marginal note:Reputation evidence

 In proceedings in respect of an offence under section 151, 152, 153, 153.1, 155 or 159, subsection 160(2) or (3) or section 170, 171, 172, 173, 271, 272 or 273, evidence of sexual reputation, whether general or specific, is not admissible for the purpose of challenging or supporting the credibility of the complainant.

  • R.S., 1985, c. C-46, s. 277;
  • R.S., 1985, c. 19 (3rd Supp.), s. 13;
  • 2002, c. 13, s. 14.
Marginal note:Spouse may be charged

 A husband or wife may be charged with an offence under section 271, 272 or 273 in respect of his or her spouse, whether or not the spouses were living together at the time the activity that forms the subject-matter of the charge occurred.

  • 1980-81-82-83, c. 125, s. 19.
Marginal note:Definition of “record”

 For the purposes of sections 278.2 to 278.9, “record” means any form of record that contains personal information for which there is a reasonable expectation of privacy and includes, without limiting the generality of the foregoing, medical, psychiatric, therapeutic, counselling, education, employment, child welfare, adoption and social services records, personal journals and diaries, and records containing personal information the production or disclosure of which is protected by any other Act of Parliament or a provincial legislature, but does not include records made by persons responsible for the investigation or prosecution of the offence.

  • 1997, c. 30, s. 1.
Marginal note:Production of record to accused
  •  (1) No record relating to a complainant or a witness shall be produced to an accused in any proceedings in respect of

    • (a) an offence under section 151, 152, 153, 153.1, 155, 159, 160, 170, 171, 172, 173, 210, 211, 212, 213, 271, 272 or 273,

    • (b) an offence under section 144, 145, 149, 156, 245 or 246 of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as it read immediately before January 4, 1983, or

    • (c) an offence under section 146, 151, 153, 155, 157, 166 or 167 of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as it read immediately before January 1, 1988,

    or in any proceedings in respect of two or more offences that include an offence referred to in any of paragraphs (a) to (c), except in accordance with sections 278.3 to 278.91.

  • Marginal note:Application of provisions

    (2) Section 278.1, this section and sections 278.3 to 278.91 apply where a record is in the possession or control of any person, including the prosecutor in the proceedings, unless, in the case of a record in the possession or control of the prosecutor, the complainant or witness to whom the record relates has expressly waived the application of those sections.

  • Marginal note:Duty of prosecutor to give notice

    (3) In the case of a record in respect of which this section applies that is in the possession or control of the prosecutor, the prosecutor shall notify the accused that the record is in the prosecutor’s possession but, in doing so, the prosecutor shall not disclose the record’s contents.

  • 1997, c. 30, s. 1;
  • 1998, c. 9, s. 3.
Marginal note:Application for production
  •  (1) An accused who seeks production of a record referred to in subsection 278.2(1) must make an application to the judge before whom the accused is to be, or is being, tried.

  • Marginal note:No application in other proceedings

    (2) For greater certainty, an application under subsection (1) may not be made to a judge or justice presiding at any other proceedings, including a preliminary inquiry.

  • Marginal note:Form and content of application

    (3) An application must be made in writing and set out

    • (a) particulars identifying the record that the accused seeks to have produced and the name of the person who has possession or control of the record; and

    • (b) the grounds on which the accused relies to establish that the record is likely relevant to an issue at trial or to the competence of a witness to testify.

  • Marginal note:Insufficient grounds

    (4) Any one or more of the following assertions by the accused are not sufficient on their own to establish that the record is likely relevant to an issue at trial or to the competence of a witness to testify:

    • (a) that the record exists;

    • (b) that the record relates to medical or psychiatric treatment, therapy or counselling that the complainant or witness has received or is receiving;

    • (c) that the record relates to the incident that is the subject-matter of the proceedings;

    • (d) that the record may disclose a prior inconsistent statement of the complainant or witness;

    • (e) that the record may relate to the credibility of the complainant or witness;

    • (f) that the record may relate to the reliability of the testimony of the complainant or witness merely because the complainant or witness has received or is receiving psychiatric treatment, therapy or counselling;

    • (g) that the record may reveal allegations of sexual abuse of the complainant by a person other than the accused;

    • (h) that the record relates to the sexual activity of the complainant with any person, including the accused;

    • (i) that the record relates to the presence or absence of a recent complaint;

    • (j) that the record relates to the complainant’s sexual reputation; or

    • (k) that the record was made close in time to a complaint or to the activity that forms the subject-matter of the charge against the accused.

  • Marginal note:Service of application and subpoena

    (5) The accused shall serve the application on the prosecutor, on the person who has possession or control of the record, on the complainant or witness, as the case may be, and on any other person to whom, to the knowledge of the accused, the record relates, at least seven days before the hearing referred to in subsection 278.4(1) or any shorter interval that the judge may allow in the interests of justice. The accused shall also serve a subpoena issued under Part XXII in Form 16.1 on the person who has possession or control of the record at the same time as the application is served.

  • Marginal note:Service on other persons

    (6) The judge may at any time order that the application be served on any person to whom the judge considers the record may relate.

  • 1997, c. 30, s. 1.
Marginal note:Hearing in camera
  •  (1) The judge shall hold a hearing in camera to determine whether to order the person who has possession or control of the record to produce it to the court for review by the judge.

  • Marginal note:Persons who may appear at hearing

    (2) The person who has possession or control of the record, the complainant or witness, as the case may be, and any other person to whom the record relates may appear and make submissions at the hearing, but they are not compellable as witnesses at the hearing.

  • Marginal note:Costs

    (3) No order for costs may be made against a person referred to in subsection (2) in respect of their participation in the hearing.

  • 1997, c. 30, s. 1.
Marginal note:Judge may order production of record for review
  •  (1) The judge may order the person who has possession or control of the record to produce the record or part of the record to the court for review by the judge if, after the hearing referred to in subsection 278.4(1), the judge is satisfied that

    • (a) the application was made in accordance with subsections 278.3(2) to (6);

    • (b) the accused has established that the record is likely relevant to an issue at trial or to the competence of a witness to testify; and

    • (c) the production of the record is necessary in the interests of justice.

  • Marginal note:Factors to be considered

    (2) In determining whether to order the production of the record or part of the record for review pursuant to subsection (1), the judge shall consider the salutary and deleterious effects of the determination on the accused’s right to make a full answer and defence and on the right to privacy and equality of the complainant or witness, as the case may be, and any other person to whom the record relates. In particular, the judge shall take the following factors into account:

    • (a) the extent to which the record is necessary for the accused to make a full answer and defence;

    • (b) the probative value of the record;

    • (c) the nature and extent of the reasonable expectation of privacy with respect to the record;

    • (d) whether production of the record is based on a discriminatory belief or bias;

    • (e) the potential prejudice to the personal dignity and right to privacy of any person to whom the record relates;

    • (f) society’s interest in encouraging the reporting of sexual offences;

    • (g) society’s interest in encouraging the obtaining of treatment by complainants of sexual offences; and

    • (h) the effect of the determination on the integrity of the trial process.

  • 1997, c. 30, s. 1.
Marginal note:Review of record by judge
  •  (1) Where the judge has ordered the production of the record or part of the record for review, the judge shall review it in the absence of the parties in order to determine whether the record or part of the record should be produced to the accused.

  • Marginal note:Hearing in camera

    (2) The judge may hold a hearing in camera if the judge considers that it will assist in making the determination.

  • Marginal note:Provisions re hearing

    (3) Subsections 278.4(2) and (3) apply in the case of a hearing under subsection (2).

  • 1997, c. 30, s. 1.
Marginal note:Judge may order production of record to accused
  •  (1) Where the judge is satisfied that the record or part of the record is likely relevant to an issue at trial or to the competence of a witness to testify and its production is necessary in the interests of justice, the judge may order that the record or part of the record that is likely relevant be produced to the accused, subject to any conditions that may be imposed pursuant to subsection (3).

  • Marginal note:Factors to be considered

    (2) In determining whether to order the production of the record or part of the record to the accused, the judge shall consider the salutary and deleterious effects of the determination on the accused’s right to make a full answer and defence and on the right to privacy and equality of the complainant or witness, as the case may be, and any other person to whom the record relates and, in particular, shall take the factors specified in paragraphs 278.5(2)(a) to (h) into account.

  • Marginal note:Conditions on production

    (3) Where the judge orders the production of the record or part of the record to the accused, the judge may impose conditions on the production to protect the interests of justice and, to the greatest extent possible, the privacy and equality interests of the complainant or witness, as the case may be, and any other person to whom the record relates, including, for example, the following conditions:

    • (a) that the record be edited as directed by the judge;

    • (b) that a copy of the record, rather than the original, be produced;

    • (c) that the accused and counsel for the accused not disclose the contents of the record to any other person, except with the approval of the court;

    • (d) that the record be viewed only at the offices of the court;

    • (e) that no copies of the record be made or that restrictions be imposed on the number of copies of the record that may be made; and

    • (f) that information regarding any person named in the record, such as their address, telephone number and place of employment, be severed from the record.

  • Marginal note:Copy to prosecutor

    (4) Where the judge orders the production of the record or part of the record to the accused, the judge shall direct that a copy of the record or part of the record be provided to the prosecutor, unless the judge determines that it is not in the interests of justice to do so.

  • Marginal note:Record not to be used in other proceedings

    (5) The record or part of the record that is produced to the accused pursuant to an order under subsection (1) shall not be used in any other proceedings.

  • Marginal note:Retention of record by court

    (6) Where the judge refuses to order the production of the record or part of the record to the accused, the record or part of the record shall, unless a court orders otherwise, be kept in a sealed package by the court until the later of the expiration of the time for any appeal and the completion of any appeal in the proceedings against the accused, whereupon the record or part of the record shall be returned to the person lawfully entitled to possession or control of it.

  • 1997, c. 30, s. 1.
Marginal note:Reasons for decision
  •  (1) The judge shall provide reasons for ordering or refusing to order the production of the record or part of the record pursuant to subsection 278.5(1) or 278.7(1).

  • Marginal note:Record of reasons

    (2) The reasons referred to in subsection (1) shall be entered in the record of the proceedings or, where the proceedings are not recorded, shall be provided in writing.

  • 1997, c. 30, s. 1.
Marginal note:Publication prohibited
  •  (1) No person shall publish in any document, or broadcast or transmit in any way, any of the following:

    • (a) the contents of an application made under section 278.3;

    • (b) any evidence taken, information given or submissions made at a hearing under subsection 278.4(1) or 278.6(2); or

    • (c) the determination of the judge pursuant to subsection 278.5(1) or 278.7(1) and the reasons provided pursuant to section 278.8, unless the judge, after taking into account the interests of justice and the right to privacy of the person to whom the record relates, orders that the determination may be published.

  • Marginal note:Offence

    (2) Every person who contravenes subsection (1) is guilty of an offence punishable on summary conviction.

  • 1997, c. 30, s. 1;
  • 2005, c. 32, s. 14.
Marginal note:Appeal

 For the purposes of sections 675 and 676, a determination to make or refuse to make an order pursuant to subsection 278.5(1) or 278.7(1) is deemed to be a question of law.

  • 1997, c. 30, s. 1.

Kidnapping, Trafficking in Persons, Hostage Taking and Abduction

Marginal note:Kidnapping
  •  (1) Every person commits an offence who kidnaps a person with intent

    • (a) to cause the person to be confined or imprisoned against the person’s will;

    • (b) to cause the person to be unlawfully sent or transported out of Canada against the person’s will; or

    • (c) to hold the person for ransom or to service against the person’s will.

  • Marginal note:Punishment

    (1.1) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable

    • (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of

      • (i) in the case of a first offence, five years, and

      • (ii) in the case of a second or subsequent offence, seven years;

    • (a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

    • (b) in any other case, to imprisonment for life.

  • Marginal note:Subsequent offences

    (1.2) In determining, for the purpose of paragraph (1.1)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

    • (a) an offence under subsection (1);

    • (b) an offence under subsection 85(1) or (2) or section 244 or 244.2; or

    • (c) an offence under section 220, 236, 239, 272, 273, 279.1, 344 or 346 if a firearm was used in the commission of the offence.

    However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

  • Marginal note:Sequence of convictions only

    (1.3) For the purposes of subsection (1.2), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

  • Marginal note:Forcible confinement

    (2) Every one who, without lawful authority, confines, imprisons or forcibly seizes another person is guilty of

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

    • (b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

  • Marginal note:Non-resistance

    (3) In proceedings under this section, the fact that the person in relation to whom the offence is alleged to have been committed did not resist is not a defence unless the accused proves that the failure to resist was not caused by threats, duress, force or exhibition of force.

  • R.S., 1985, c. C-46, s. 279;
  • R.S., 1985, c. 27 (1st Supp.), s. 39;
  • 1995, c. 39, s. 147;
  • 1997, c. 18, s. 14;
  • 2008, c. 6, s. 30;
  • 2009, c. 22, s. 12.
Marginal note:Trafficking in persons
  •  (1) Every person who recruits, transports, transfers, receives, holds, conceals or harbours a person, or exercises control, direction or influence over the movements of a person, for the purpose of exploiting them or facilitating their exploitation is guilty of an indictable offence and liable

    • (a) to imprisonment for life if they kidnap, commit an aggravated assault or aggravated sexual assault against, or cause death to, the victim during the commission of the offence; or

    • (b) to imprisonment for a term of not more than fourteen years in any other case.

  • Marginal note:Consent

    (2) No consent to the activity that forms the subject-matter of a charge under subsection (1) is valid.

  • 2005, c. 43, s. 3.
Marginal note:Trafficking of a person under the age of eighteen years
  •  (1) Every person who recruits, transports, transfers, receives, holds, conceals or harbours a person under the age of eighteen years, or exercises control, direction or influence over the movements of a person under the age of eighteen years, for the purpose of exploiting them or facilitating their exploitation is guilty of an indictable offence and liable

    • (a) to imprisonment for life and to a minimum punishment of imprisonment for a term of six years if they kidnap, commit an aggravated assault or aggravated sexual assault against, or cause death to, the victim during the commission of the offence; or

    • (b) to imprisonment for a term of not more than fourteen years and to a minimum punishment of imprisonment for a term of five years, in any other case.

  • Marginal note:Consent

    (2) No consent to the activity that forms the subject-matter of a charge under subsection (1) is valid.

  • 2010, c. 3, s. 2.
Marginal note:Material benefit

 Every person who receives a financial or other material benefit, knowing that it results from the commission of an offence under subsection 279.01(1) or 279.011(1), is guilty of an indictable offence and liable to imprisonment for a term of not more than ten years.

  • 2005, c. 43, s. 3;
  • 2010, c. 3, s. 3.
Marginal note:Withholding or destroying documents

 Every person who, for the purpose of committing or facilitating an offence under subsection 279.01(1) or 279.011(1), conceals, removes, withholds or destroys any travel document that belongs to another person or any document that establishes or purports to establish another person’s identity or immigration status is guilty of an indictable offence and liable to imprisonment for a term of not more than five years, whether or not the document is of Canadian origin or is authentic.

  • 2005, c. 43, s. 3;
  • 2010, c. 3, s. 3.
Marginal note:Exploitation

 For the purposes of sections 279.01 to 279.03, a person exploits another person if they

  • (a) cause them to provide, or offer to provide, labour or a service by engaging in conduct that, in all the circumstances, could reasonably be expected to cause the other person to believe that their safety or the safety of a person known to them would be threatened if they failed to provide, or offer to provide, the labour or service; or

  • (b) cause them, by means of deception or the use or threat of force or of any other form of coercion, to have an organ or tissue removed.

  • 2005, c. 43, s. 3.
Marginal note:Hostage taking
  •  (1) Everyone takes a person hostage who — with intent to induce any person, other than the hostage, or any group of persons or any state or international or intergovernmental organization to commit or cause to be committed any act or omission as a condition, whether express or implied, of the release of the hostage —

    • (a) confines, imprisons, forcibly seizes or detains that person; and

    • (b) in any manner utters, conveys or causes any person to receive a threat that the death of, or bodily harm to, the hostage will be caused or that the confinement, imprisonment or detention of the hostage will be continued.

  • Marginal note:Hostage-taking

    (2) Every person who takes a person hostage is guilty of an indictable offence and liable

    • (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of

      • (i) in the case of a first offence, five years, and

      • (ii) in the case of a second or subsequent offence, seven years;

    • (a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

    • (b) in any other case, to imprisonment for life.

  • Marginal note:Subsequent offences

    (2.1) In determining, for the purpose of paragraph (2)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

    • (a) an offence under this section;

    • (b) an offence under subsection 85(1) or (2) or section 244 or 244.2; or

    • (c) an offence under section 220, 236, 239, 272 or 273, subsection 279(1) or section 344 or 346 if a firearm was used in the commission of the offence.

    However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

  • Marginal note:Sequence of convictions only

    (2.2) For the purposes of subsection (2.1), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

  • Marginal note:Non-resistance

    (3) Subsection 279(3) applies to proceedings under this section as if the offence under this section were an offence under section 279.

  • R.S., 1985, c. 27 (1st Supp.), s. 40;
  • 1995, c. 39, s. 148;
  • 2008, c. 6, s. 31;
  • 2009, c. 22, s. 13.
Marginal note:Abduction of person under sixteen
  •  (1) Every one who, without lawful authority, takes or causes to be taken an unmarried person under the age of sixteen years out of the possession of and against the will of the parent or guardian of that person or of any other person who has the lawful care or charge of that person is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

  • Definition of “guardian”

    (2) In this section and sections 281 to 283, “guardian” includes any person who has in law or in fact the custody or control of another person.

  • R.S., c. C-34, s. 249;
  • 1980-81-82-83, c. 125, s. 20.
Marginal note:Abduction of person under fourteen

 Every one who, not being the parent, guardian or person having the lawful care or charge of a person under the age of fourteen years, unlawfully takes, entices away, conceals, detains, receives or harbours that person with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of that person, of the possession of that person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

  • R.S., c. C-34, s. 250;
  • 1980-81-82-83, c. 125, s. 20.
Marginal note:Abduction in contravention of custody order
  •  (1) Every one who, being the parent, guardian or person having the lawful care or charge of a person under the age of fourteen years, takes, entices away, conceals, detains, receives or harbours that person, in contravention of the custody provisions of a custody order in relation to that person made by a court anywhere in Canada, with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of that person, of the possession of that person is guilty of

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

    • (b) an offence punishable on summary conviction.

  • Marginal note:Where no belief in validity of custody order

    (2) Where a count charges an offence under subsection (1) and the offence is not proven only because the accused did not believe that there was a valid custody order but the evidence does prove an offence under section 283, the accused may be convicted of an offence under section 283.

  • R.S., 1985, c. C-46, s. 282;
  • 1993, c. 45, s. 4.
Marginal note:Abduction
  •  (1) Every one who, being the parent, guardian or person having the lawful care or charge of a person under the age of fourteen years, takes, entices away, conceals, detains, receives or harbours that person, whether or not there is a custody order in relation to that person made by a court anywhere in Canada, with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of that person, of the possession of that person, is guilty of

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

    • (b) an offence punishable on summary conviction.

  • Marginal note:Consent required

    (2) No proceedings may be commenced under subsection (1) without the consent of the Attorney General or counsel instructed by him for that purpose.

  • R.S., 1985, c. C-46, s. 283;
  • 1993, c. 45, s. 5.
Marginal note:Defence

 No one shall be found guilty of an offence under sections 281 to 283 if he establishes that the taking, enticing away, concealing, detaining, receiving or harbouring of any young person was done with the consent of the parent, guardian or other person having the lawful possession, care or charge of that young person.

  • 1980-81-82-83, c. 125, s. 20.
Marginal note:Defence

 No one shall be found guilty of an offence under sections 280 to 283 if the court is satisfied that the taking, enticing away, concealing, detaining, receiving or harbouring of any young person was necessary to protect the young person from danger of imminent harm or if the person charged with the offence was escaping from danger of imminent harm.

  • R.S., 1985, c. C-46, s. 285;
  • 1993, c. 45, s. 6.
Marginal note:No defence

 In proceedings in respect of an offence under sections 280 to 283, it is not a defence to any charge that a young person consented to or suggested any conduct of the accused.

  • 1980-81-82-83, c. 125, s. 20.

Abortion

Marginal note:Procuring miscarriage
  •  (1) Every one who, with intent to procure the miscarriage of a female person, whether or not she is pregnant, uses any means for the purpose of carrying out his intention is guilty of an indictable offence and liable to imprisonment for life.

  • Marginal note:Woman procuring her own miscarriage

    (2) Every female person who, being pregnant, with intent to procure her own miscarriage, uses any means or permits any means to be used for the purpose of carrying out her intention is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

  • Definition of “means”

    (3) In this section, “means” includes

    • (a) the administration of a drug or other noxious thing;

    • (b) the use of an instrument; and

    • (c) manipulation of any kind.

  • Marginal note:Exceptions

    (4) Subsections (1) and (2) do not apply to

    • (a) a qualified medical practitioner, other than a member of a therapeutic abortion committee for any hospital, who in good faith uses in an accredited or approved hospital any means for the purpose of carrying out his intention to procure the miscarriage of a female person, or

    • (b) a female person who, being pregnant, permits a qualified medical practitioner to use in an accredited or approved hospital any means for the purpose of carrying out her intention to procure her own miscarriage,

    if, before the use of those means, the therapeutic abortion committee for that accredited or approved hospital, by a majority of the members of the committee and at a meeting of the committee at which the case of the female person has been reviewed,

    • (c) has by certificate in writing stated that in its opinion the continuation of the pregnancy of the female person would or would be likely to endanger her life or health, and

    • (d) has caused a copy of that certificate to be given to the qualified medical practitioner.

  • Marginal note:Information requirement

    (5) The Minister of Health of a province may by order

    • (a) require a therapeutic abortion committee for any hospital in that province, or any member thereof, to furnish him with a copy of any certificate described in paragraph (4)(c) issued by that committee, together with such other information relating to the circumstances surrounding the issue of that certificate as he may require; or

    • (b) require a medical practitioner who, in that province, has procured the miscarriage of any female person named in a certificate described in paragraph (4)(c), to furnish him with a copy of that certificate, together with such other information relating to the procuring of the miscarriage as he may require.

  • Marginal note:Definitions

    (6) For the purposes of subsections (4) and (5) and this subsection,

    “accredited hospital”

    « hôpital accrédité »

    “accredited hospital” means a hospital accredited by the Canadian Council on Hospital Accreditation in which diagnostic services and medical, surgical and obstetrical treatment are provided;

    “approved hospital”

    « hôpital approuvé »

    “approved hospital” means a hospital in a province approved for the purposes of this section by the Minister of Health of that province;

    “board”

    « conseil »

    “board” means the board of governors, management or directors, or the trustees, commission or other person or group of persons having the control and management of an accredited or approved hospital;

    “Minister of Health”

    « ministre de la Santé »

    “Minister of Health” means

    • (a) in the Provinces of Ontario, Quebec, New Brunswick, Prince Edward Island, Manitoba and Newfoundland, the Minister of Health,

    • (b) in the Provinces of Nova Scotia and Saskatchewan, the Minister of Public Health, and

    • (c) in the Province of British Columbia, the Minister of Health Services and Hospital Insurance,

    • (d) in the Province of Alberta, the Minister of Hospitals and Medical Care,

    • (e) in Yukon, the Northwest Territories and Nunavut, the Minister of Health;

    “qualified medical practitioner”

    « médecin qualifié »

    “qualified medical practitioner” means a person entitled to engage in the practice of medicine under the laws of the province in which the hospital referred to in subsection (4) is situated;

    “therapeutic abortion committee”

    « comité de l’avortement thérapeutique »

    “therapeutic abortion committee” for any hospital means a committee, comprised of not less than three members each of whom is a qualified medical practitioner, appointed by the board of that hospital for the purpose of considering and determining questions relating to terminations of pregnancy within that hospital.

  • Marginal note:Requirement of consent not affected

    (7) Nothing in subsection (4) shall be construed as making unnecessary the obtaining of any authorization or consent that is or may be required, otherwise than under this Act, before any means are used for the purpose of carrying out an intention to procure the miscarriage of a female person.

  • R.S., 1985, c. C-46, s. 287;
  • 1993, c. 28, s. 78;
  • 1996, c. 8, s. 32;
  • 2002, c. 7, s. 141.
Marginal note:Supplying noxious things

 Every one who unlawfully supplies or procures a drug or other noxious thing or an instrument or thing, knowing that it is intended to be used or employed to procure the miscarriage of a female person, whether or not she is pregnant, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

  • R.S., c. C-34, s. 252.

Venereal Diseases

 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 41]

Offences Against Conjugal Rights

Marginal note:Bigamy
  •  (1) Every one commits bigamy who

    • (a) in Canada,

      • (i) being married, goes through a form of marriage with another person,

      • (ii) knowing that another person is married, goes through a form of marriage with that person, or

      • (iii) on the same day or simultaneously, goes through a form of marriage with more than one person; or

    • (b) being a Canadian citizen resident in Canada leaves Canada with intent to do anything mentioned in subparagraphs (a)(i) to (iii) and, pursuant thereto, does outside Canada anything mentioned in those subparagraphs in circumstances mentioned therein.

  • Marginal note:Matters of defence

    (2) No person commits bigamy by going through a form of marriage if

    • (a) that person in good faith and on reasonable grounds believes that his spouse is dead;

    • (b) the spouse of that person has been continuously absent from him for seven years immediately preceding the time when he goes through the form of marriage, unless he knew that his spouse was alive at any time during those seven years;

    • (c) that person has been divorced from the bond of the first marriage; or

    • (d) the former marriage has been declared void by a court of competent jurisdiction.

  • Marginal note:Incompetency no defence

    (3) Where a person is alleged to have committed bigamy, it is not a defence that the parties would, if unmarried, have been incompetent to contract marriage under the law of the place where the offence is alleged to have been committed.

  • Marginal note:Validity presumed

    (4) Every marriage or form of marriage shall, for the purpose of this section, be deemed to be valid unless the accused establishes that it was invalid.

  • Marginal note:Act or omission by accused

    (5) No act or omission on the part of an accused who is charged with bigamy invalidates a marriage or form of marriage that is otherwise valid.

  • R.S., c. C-34, s. 254.
Marginal note:Punishment
  •  (1) Every one who commits bigamy is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

  • Marginal note:Certificate of marriage

    (2) For the purposes of this section, a certificate of marriage issued under the authority of law is evidence of the marriage or form of marriage to which it relates without proof of the signature or official character of the person by whom it purports to be signed.

  • R.S., c. C-34, s. 255.
Marginal note:Procuring feigned marriage
  •  (1) Every person who procures or knowingly aids in procuring a feigned marriage between himself and another person is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

  • Marginal note:Corroboration

    (2) No person shall be convicted of an offence under this section on the evidence of only one witness unless the evidence of that witness is corroborated in a material particular by evidence that implicates the accused.

  • R.S., c. C-34, s. 256;
  • 1980-81-82-83, c. 125, s. 21.
Marginal note:Polygamy
  •  (1) Every one who

    • (a) practises or enters into or in any manner agrees or consents to practise or enter into

      • (i) any form of polygamy, or

      • (ii) any kind of conjugal union with more than one person at the same time,

      whether or not it is by law recognized as a binding form of marriage, or

    • (b) celebrates, assists or is a party to a rite, ceremony, contract or consent that purports to sanction a relationship mentioned in subparagraph (a)(i) or (ii),

    is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

  • Marginal note:Evidence in case of polygamy

    (2) Where an accused is charged with an offence under this section, no averment or proof of the method by which the alleged relationship was entered into, agreed to or consented to is necessary in the indictment or on the trial of the accused, nor is it necessary on the trial to prove that the persons who are alleged to have entered into the relationship had or intended to have sexual intercourse.

  • R.S., c. C-34, s. 257.

Unlawful Solemnization of Marriage

Marginal note:Pretending to solemnize marriage

 Every one who

  • (a) solemnizes or pretends to solemnize a marriage without lawful authority, the proof of which lies on him, or

  • (b) procures a person to solemnize a marriage knowing that he is not lawfully authorized to solemnize the marriage,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

  • R.S., c. C-34, s. 258.
Marginal note:Marriage contrary to law

 Every one who, being lawfully authorized to solemnize marriage, knowingly and wilfully solemnizes a marriage in contravention of the laws of the province in which the marriage is solemnized is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

  • R.S., c. C-34, s. 259.

Blasphemous Libel

Marginal note:Offence
  •  (1) Every one who publishes a blasphemous libel is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

  • Marginal note:Question of fact

    (2) It is a question of fact whether or not any matter that is published is a blasphemous libel.

  • Marginal note:Saving

    (3) No person shall be convicted of an offence under this section for expressing in good faith and in decent language, or attempting to establish by argument used in good faith and conveyed in decent language, an opinion on a religious subject.

  • R.S., c. C-34, s. 260.

Defamatory Libel

Definition of “newspaper”

 In sections 303, 304 and 308, “newspaper” means any paper, magazine or periodical containing public news, intelligence or reports of events, or any remarks or observations thereon, printed for sale and published periodically or in parts or numbers, at intervals not exceeding thirty-one days between the publication of any two such papers, parts or numbers, and any paper, magazine or periodical printed in order to be dispersed and made public, weekly or more often, or at intervals not exceeding thirty-one days, that contains advertisements, exclusively or principally.

  • R.S., c. C-34, s. 261.
Marginal note:Definition
  •  (1) A defamatory libel is matter published, without lawful justification or excuse, that is likely to injure the reputation of any person by exposing him to hatred, contempt or ridicule, or that is designed to insult the person of or concerning whom it is published.

  • Marginal note:Mode of expression

    (2) A defamatory libel may be expressed directly or by insinuation or irony

    • (a) in words legibly marked on any substance; or

    • (b) by any object signifying a defamatory libel otherwise than by words.

  • R.S., c. C-34, s. 262.
Marginal note:Publishing

 A person publishes a libel when he

  • (a) exhibits it in public;

  • (b) causes it to be read or seen; or

  • (c) shows or delivers it, or causes it to be shown or delivered, with intent that it should be read or seen by the person whom it defames or by any other person.

  • R.S., c. C-34, s. 263.
Marginal note:Punishment of libel known to be false

 Every one who publishes a defamatory libel that he knows is false is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

  • R.S., c. C-34, s. 264.
Marginal note:Punishment for defamatory libel

 Every one who publishes a defamatory libel is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

  • R.S., c. C-34, s. 265.
Marginal note:Extortion by libel
  •  (1) Every one commits an offence who, with intent

    • (a) to extort money from any person, or

    • (b) to induce a person to confer on or procure for another person an appointment or office of profit or trust,

    publishes or threatens to publish or offers to abstain from publishing or to prevent the publication of a defamatory libel.

  • Marginal note:Idem

    (2) Every one commits an offence who, as the result of the refusal of any person to permit money to be extorted or to confer or procure an appointment or office of profit or trust, publishes or threatens to publish a defamatory libel.

  • Marginal note:Punishment

    (3) Every one who commits an offence under this section is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

  • R.S., c. C-34, s. 266.
Marginal note:Proprietor of newspaper presumed responsible
  •  (1) The proprietor of a newspaper shall be deemed to publish defamatory matter that is inserted and published therein, unless he proves that the defamatory matter was inserted in the newspaper without his knowledge and without negligence on his part.

  • Marginal note:General authority to manager when negligence

    (2) Where the proprietor of a newspaper gives to a person general authority to manage or conduct the newspaper as editor or otherwise, the insertion by that person of defamatory matter in the newspaper shall, for the purposes of subsection (1), be deemed not to be negligence on the part of the proprietor unless it is proved that

    • (a) he intended the general authority to include authority to insert defamatory matter in the newspaper; or

    • (b) he continued to confer general authority after he knew that it had been exercised by the insertion of defamatory matter in the newspaper.

  • Marginal note:Selling newspapers

    (3) No person shall be deemed to publish a defamatory libel by reason only that he sells a number or part of a newspaper that contains a defamatory libel, unless he knows that the number or part contains defamatory matter or that defamatory matter is habitually contained in the newspaper.

  • R.S., c. C-34, s. 267.
Marginal note:Selling book containing defamatory libel
  •  (1) No person shall be deemed to publish a defamatory libel by reason only that he sells a book, magazine, pamphlet or other thing, other than a newspaper that contains defamatory matter, if, at the time of the sale, he does not know that it contains the defamatory matter.

  • Marginal note:Sale by servant

    (2) Where a servant, in the course of his employment, sells a book, magazine, pamphlet or other thing, other than a newspaper, the employer shall be deemed not to publish any defamatory matter contained therein unless it is proved that the employer authorized the sale knowing that

    • (a) defamatory matter was contained therein; or

    • (b) defamatory matter was habitually contained therein, in the case of a periodical.

  • R.S., c. C-34, s. 268.
Marginal note:Publishing proceedings of courts of justice

 No person shall be deemed to publish a defamatory libel by reason only that he publishes defamatory matter

  • (a) in a proceeding held before or under the authority of a court exercising judicial authority; or

  • (b) in an inquiry made under the authority of an Act or by order of Her Majesty, or under the authority of a public department or a department of the government of a province.

  • R.S., c. C-34, s. 269.
Marginal note:Parliamentary papers

 No person shall be deemed to publish a defamatory libel by reason only that he

  • (a) publishes to the Senate or House of Commons or to the legislature of a province defamatory matter contained in a petition to the Senate or House of Commons or to the legislature of a province, as the case may be;

  • (b) publishes by order or under the authority of the Senate or House of Commons or of the legislature of a province a paper containing defamatory matter; or

  • (c) publishes, in good faith and without ill-will to the person defamed, an extract from or abstract of a petition or paper mentioned in paragraph (a) or (b).

  • R.S., c. C-34, s. 270.
Marginal note:Fair reports of parliamentary or judicial proceedings
  •  (1) No person shall be deemed to publish a defamatory libel by reason only that he publishes in good faith, for the information of the public, a fair report of the proceedings of the Senate or House of Commons or the legislature of a province, or a committee thereof, or of the public proceedings before a court exercising judicial authority, or publishes, in good faith, any fair comment on any such proceedings.

  • Marginal note:Divorce proceedings an exception

    (2) This section does not apply to a person who publishes a report of evidence taken or offered in any proceeding before the Senate or House of Commons or any committee thereof, on a petition or bill relating to any matter of marriage or divorce, if the report is published without authority from or leave of the House in which the proceeding is held or is contrary to any rule, order or practice of that House.

  • R.S., c. C-34, s. 271.
Marginal note:Fair report of public meeting

 No person shall be deemed to publish a defamatory libel by reason only that he publishes in good faith, in a newspaper, a fair report of the proceedings of any public meeting if

  • (a) the meeting is lawfully convened for a lawful purpose and is open to the public;

  • (b) the report is fair and accurate;

  • (c) the publication of the matter complained of is for the public benefit; and

  • (d) he does not refuse to publish in a conspicuous place in the newspaper a reasonable explanation or contradiction by the person defamed in respect of the defamatory matter.

  • R.S., c. C-34, s. 272.
Marginal note:Public benefit

 No person shall be deemed to publish a defamatory libel by reason only that he publishes defamatory matter that, on reasonable grounds, he believes is true, and that is relevant to any subject of public interest, the public discussion of which is for the public benefit.

  • R.S., c. C-34, s. 273.
Marginal note:Fair comment on public person or work of art

 No person shall be deemed to publish a defamatory libel by reason only that he publishes fair comments

  • (a) on the public conduct of a person who takes part in public affairs; or

  • (b) on a published book or other literary production, or on any composition or work of art or performance publicly exhibited, or on any other communication made to the public on any subject, if the comments are confined to criticism thereof.

  • R.S., c. C-34, s. 274.
Marginal note:When truth a defence

 No person shall be deemed to publish a defamatory libel where he proves that the publication of the defamatory matter in the manner in which it was published was for the public benefit at the time when it was published and that the matter itself was true.

  • R.S., c. C-34, s. 275.
Marginal note:Publication invited or necessary

 No person shall be deemed to publish a defamatory libel by reason only that he publishes defamatory matter

  • (a) on the invitation or challenge of the person in respect of whom it is published, or

  • (b) that it is necessary to publish in order to refute defamatory matter published in respect of him by another person,

if he believes that the defamatory matter is true and it is relevant to the invitation, challenge or necessary refutation, as the case may be, and does not in any respect exceed what is reasonably sufficient in the circumstances.

  • R.S., c. C-34, s. 276.
Marginal note:Answer to inquiries

 No person shall be deemed to publish a defamatory libel by reason only that he publishes, in answer to inquiries made to him, defamatory matter relating to a subject-matter in respect of which the person by whom or on whose behalf the inquiries are made has an interest in knowing the truth or who, on reasonable grounds, the person who publishes the defamatory matter believes has such an interest, if

  • (a) the matter is published, in good faith, for the purpose of giving information in answer to the inquiries;

  • (b) the person who publishes the defamatory matter believes that it is true;

  • (c) the defamatory matter is relevant to the inquiries; and

  • (d) the defamatory matter does not in any respect exceed what is reasonably sufficient in the circumstances.

  • R.S., c. C-34, s. 277.
Marginal note:Giving information to person interested

 No person shall be deemed to publish a defamatory libel by reason only that he publishes to another person defamatory matter for the purpose of giving information to that person with respect to a subject-matter in which the person to whom the information is given has, or is believed on reasonable grounds by the person who gives it to have, an interest in knowing the truth with respect to that subject-matter if

  • (a) the conduct of the person who gives the information is reasonable in the circumstances;

  • (b) the defamatory matter is relevant to the subject-matter; and

  • (c) the defamatory matter is true, or if it is not true, is made without ill-will toward the person who is defamed and is made in the belief, on reasonable grounds, that it is true.

  • R.S., c. C-34, s. 278.
Marginal note:Publication in good faith for redress of wrong

 No person shall be deemed to publish a defamatory libel by reason only that he publishes defamatory matter in good faith for the purpose of seeking remedy or redress for a private or public wrong or grievance from a person who has, or who on reasonable grounds he believes has, the right or is under an obligation to remedy or redress the wrong or grievance, if

  • (a) he believes that the defamatory matter is true;

  • (b) the defamatory matter is relevant to the remedy or redress that is sought; and

  • (c) the defamatory matter does not in any respect exceed what is reasonably sufficient in the circumstances.

  • R.S., c. C-34, s. 279.
Marginal note:Proving publication by order of legislature
  •  (1) An accused who is alleged to have published a defamatory libel may, at any stage of the proceedings, adduce evidence to prove that the matter that is alleged to be defamatory was contained in a paper published by order or under the authority of the Senate or House of Commons or the legislature of a province.

  • Marginal note:Directing verdict

    (2) Where at any stage in proceedings referred to in subsection (1) the court, judge, justice or provincial court judge is satisfied that the matter alleged to be defamatory was contained in a paper published by order or under the authority of the Senate or House of Commons or the legislature of a province, he shall direct a verdict of not guilty to be entered and shall discharge the accused.

  • Marginal note:Certificate of order

    (3) For the purposes of this section, a certificate under the hand of the Speaker or clerk of the Senate or House of Commons or the legislature of a province to the effect that the matter that is alleged to be defamatory was contained in a paper published by order or under the authority of the Senate, House of Commons or the legislature of a province, as the case may be, is conclusive evidence thereof.

  • R.S., 1985, c. C-46, s. 316;
  • R.S., 1985, c. 27 (1st Supp.), s. 203.

Verdicts

Marginal note:Verdicts in cases of defamatory libel