Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2017-11-06 and last amended on 2017-10-18. Previous Versions

AMENDMENTS NOT IN FORCE

  • — 2001, c. 32, ss. 82(1), (3)

    • Bill C-15
      • 82 (1) If Bill C-15 [C-10A]Footnote *, introduced in the 1st session of the 37th Parliament and entitled the Criminal Law Amendment Act, 2001 (the “other Act” [2003, c. 8]Footnote *), receives royal assent, then the provisions mentioned in subsections (2) to (4) are amended as provided in those subsections.

      • Criminal Code — subsection 515(4.1) (French version) replaced

        (3) On the later of the coming into force of subsection 37(1) of this Act and section 32 [8]Footnote * of the other Act [2003, c. 8]Footnote *, subsection 515(4.1) of the French version of the Criminal Code is replaced by the following :

        • Condition additionnelle

          (4.1) Lorsqu’il rend une ordonnance en vertu du paragraphe (2) dans le cas d’une infraction perpétrée avec usage, tentative ou menace de violence contre autrui, de l’infraction visée aux articles 264 (harcèlement criminel) ou 423.1 (intimidation d’une personne associée au système judiciaire), d’une infraction aux paragraphes 5(1) ou (2), 6(1) ou (2) ou 7(1) de la Loi réglementant certaines drogues et autres substances ou d’une infraction relative à une arme à feu, une arbalète, une arme prohibée, une arme à autorisation restreinte, un dispositif prohibé, des munitions, des munitions prohibées ou des substances explosives, le juge de paix doit, s’il en arrive à la conclusion qu’il est souhaitable de le faire pour la sécurité du prévenu, de la victime ou de toute autre personne, assortir l’ordonnance d’une condition lui interdisant, jusqu’à ce qu’il soit jugé conformément à la loi, d’avoir en sa possession de tels objets ou l’un ou plusieurs de ceux ci.

  • — 2014, c. 20, s. 366(1)

    • Replacement of “trade-mark” in other Acts
      • 366 (1) Unless the context requires otherwise, “trade-mark”, “trade-marks”, “Trade-mark”, “Trade-marks”, “trade mark” and “trade marks” are replaced by “trademark”, “trademarks”, “Trademark” or “Trademarks”, as the case may be, in the English version of any Act of Parliament, other than this Act and the Trademarks Act.

  • — 2015, c. 16, s. 1

    • 1 Section 279.01 of the Criminal Code is amended by adding the following after subsection (2):

      • Presumption

        (3) For the purposes of subsections (1) and 279.011(1), evidence that a person who is not exploited lives with or is habitually in the company of a person who is exploited is, in the absence of evidence to the contrary, proof that the person exercises control, direction or influence over the movements of that person for the purpose of exploiting them or facilitating their exploitation.

  • — 2015, c. 16, s. 2

    • 2 Subsection 279.04(1) of the French version of the Act is replaced by the following:

      • Exploitation
        • 279.04 (1) Pour l’application des articles 279.01 à 279.03, une personne en exploite une autre si elle l’amène à fournir ― ou à offrir de fournir ― son travail ou ses services, par des agissements dont il est raisonnable de s’attendre, compte tenu du contexte, à ce qu’ils lui fassent croire qu’un refus de sa part mettrait en danger sa sécurité ou celle d’une personne qu’elle connaît.

  • — 2015, c. 16, s. 3

    • 3 The Act is amended by adding the following after section 279.04:

      • Sentences to be served consecutively

        279.05 A sentence imposed on a person for an offence under sections 279.01 to 279.03 shall be served consecutively to any other punishment imposed on the person for an offence arising out of the same event or series of events and to any other sentence to which the person is subject at the time the sentence is imposed on the person for an offence under any of those sections.

  • — 2015, c. 16, s. 4

    • 4 Subsection 462.37(2.02) of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):

      • (c) an offence under any of sections 279.01 to 279.03.

  • — 2015, c. 23, s. 30

    • 2010, c. 17, s. 21(2)

      30 Subsection 490.031(3) of the Criminal Code is replaced by the following:

      • Proof of certain facts by certificate

        (3) In proceedings under subsection (1), a certificate of a person referred to in paragraph 16(2)(b) of the Sex Offender Information Registration Act stating that the sex offender failed to report under section 4, 4.1, 4.2 or 4.3 — or provide information under section 5 or notify a person under subsection 6(1) or (1.01) — of that Act is evidence of the statements contained in it without proof of the signature or official character of the person appearing to have signed it.

  • — 2015, c. 23, s. 31

    • 2007, c. 5, s. 29

      31 The portion of section 490.0311 of the Act before paragraph (a) is replaced by the following:

      • Offence

        490.0311 Every person who knowingly provides false or misleading information under subsection 5(1) or 6(1) or (1.01) of the Sex Offender Information Registration Act is guilty of an offence and liable

  • — 2017, c. 7, s. 54

    • 2001, c. 41, s. 4
      • 54 (1) Paragraphs 83.13(4)(a) and (b) of the Criminal Code are replaced by the following :

        • (a) the power to make an interlocutory sale of perishable or rapidly depreciating property;

        • (b) the power to destroy, in accordance with subsections (5) to (8), property that has little or no value; and

        • (c) the power to have property, other than real property or a conveyance, forfeited to Her Majesty in accordance with subsection (8.1).

      • 2001, c. 41, s. 4

        (2) Subsection 83.13(5) of the Act is replaced by the following :

        • Application for destruction order

          (5) Before a person who is appointed to manage property destroys property that has little or no value, they shall apply to a judge of the Federal Court for a destruction order.

      • 2001, c. 41, s. 4

        (3) Subsection 83.13(6) of the English version of the Act is replaced by the following :

        • Notice

          (6) Before making a destruction order, a judge shall require notice in accordance with subsection (7) to be given to and may hear any person who, in the judge’s opinion, appears to have a valid interest in the property.

      • 2001, c. 41, s. 4

        (4) Subsections 83.13(7) to (9) of the Act are replaced by the following :

        • Manner of giving notice

          (7) A notice shall

          • (a) be given in the manner that the judge directs or that may be specified in the rules of the Federal Court; and

          • (b) specify the effective period of the notice that the judge considers reasonable or that may be set out in the rules of the Federal Court.

        • Destruction order

          (8) A judge shall order that the property be destroyed if they are satisfied that the property has little or no financial or other value.

        • Forfeiture order

          (8.1) On application by a person who is appointed to manage the property, a judge of the Federal Court shall order that the property, other than real property or a conveyance, be forfeited to Her Majesty to be disposed of or otherwise dealt with in accordance with the law if

          • (a) a notice is given or published in the manner that the judge directs or that may be specified in the rules of the Federal Court;

          • (b) the notice specifies a period of 60 days during which a person may make an application to the judge asserting their interest in the property; and

          • (c) during that period, no one makes such an application.

        • 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 in accordance with the law, destroyed or forfeited to Her Majesty.

        • For greater certainty

          (9.1) For greater certainty, if property that is the subject of a management order is sold, the management order applies to the net proceeds of the sale.

  • — 2017, c. 7, s. 58

    • 2001, c. 32, s. 16
      • 58 (1) Paragraphs 462.331(3)(a) and (b) of the Act are replaced by the following :

        • (a) the power to make an interlocutory sale of perishable or rapidly depreciating property;

        • (b) the power to destroy, in accordance with subsections (4) to (7), property that has little or no value; and

        • (c) the power to have property, other than real property or a conveyance, forfeited to Her Majesty in accordance with subsection (7.1).

      • 2001, c. 32, s. 16

        (2) Subsections 462.331(4) and (5) of the Act are replaced by the following :

        • Application for destruction order

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

        • Notice

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

      • 2001, c. 32, s. 16

        (3) Paragraphs 462.331(6)(a) and (b) of the Act are replaced by the following :

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

        • (b) specify the effective period of the notice that the court considers reasonable or that may be set out in the rules of the court.

      • 2001, c. 32, s. 16

        (4) Subsections 462.331(7) and (8) of the Act are replaced by the following :

        • Destruction order

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

        • Forfeiture order

          (7.1) On application by a person who is appointed to manage the property, a court shall order that the property, other than real property or a conveyance, be forfeited to Her Majesty to be disposed of or otherwise dealt with in accordance with the law if

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

          • (b) the notice specifies a period of 60 days during which a person may make an application to the court asserting their interest in the property; and

          • (c) during that period, no one makes such an application.

        • When management order ceases to have effect

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

        • For greater certainty

          (8.1) For greater certainty, if property that is the subject of a management order is sold, the management order applies to the net proceeds of the sale.

  • — 2017, c. 7, s. 59

    • 2001, c. 32, s. 19
      • 59 (1) Subsections 462.37(1) and (2) of the Act are replaced by the following :

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

          • Proceeds of crime — other offences

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

      • 2005, c. 44, s. 6(1)

        (2) Subsection 462.37(2.01) of the French version of the Act is replaced by the following :

        • Confiscation — circonstances particulières

          (2.01) Dans le cas où le contrevenant est condamné pour une infraction mentionnée au paragraphe (2.02), le tribunal qui détermine la peine à infliger est tenu, sur demande du procureur général et sous réserve des autres dispositions du présent article et des articles 462.4 et 462.41, d’ordonner la confiscation au profit de Sa Majesté des biens du contrevenant précisés par le procureur général dans la demande et de prévoir dans l’ordonnance qu’il est disposé de ces biens selon les instructions du procureur général ou autrement en conformité avec le droit applicable, s’il est convaincu, selon la prépondérance des probabilités, de l’un ou l’autre des faits suivants :

          • a) le contrevenant s’est livré, dans les dix ans précédant l’inculpation relative à l’infraction en cause, à des activités criminelles répétées visant à lui procurer, directement ou indirectement, un avantage matériel, notamment pécuniaire;

          • b) le revenu du contrevenant de sources non liées à des infractions désignées ne peut justifier de façon raisonnable la valeur de son patrimoine.

  • — 2017, c. 7, s. 60(1)

    • 2001, c. 32, s. 20(2)
      • 60 (1) Paragraph 462.38(2)(b) of the Act is replaced by the following :

        • (b) that property was obtained through the commission of a designated offence in respect of which proceedings were commenced, and

  • — 2017, c. 7, s. 61

    • R.S., c. 42 (4th Supp.), s. 2

      61 The portion of subsection 462.41(2) of the Act before paragraph (c) is replaced by the following :

      • Manner of giving notice

        (2) A notice shall

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

        • (b) specify the period that the court considers reasonable or that may be set out in the rules of the court during which a person may make an application to the court asserting their interest in the property; and

  • — 2017, c. 7, s. 64

    • 1997, c. 23, s. 15; 2007, c. 13, ss. 8(1) and (2)

      64 Subsections 490.1(1) and (2) of the Act are replaced by the following :

      • Order of forfeiture of property on conviction
        • 490.1 (1) Subject to sections 490.3 to 490.41, if a person is convicted, or discharged under section 730, of an indictable offence under this Act or the Corruption of Foreign Public Officials Act and, on application of the Attorney General, the court is satisfied, on a balance of probabilities, that offence-related property is related to the commission of the offence, the court shall

          • (a) if the prosecution of the offence was commenced at the instance of the government of a province and conducted by or on behalf of that government, order that the property be forfeited to Her Majesty in right of that province to be disposed of or otherwise dealt with in accordance with the law by the Attorney General or Solicitor General of that province; and

          • (b) in any other case, order that the property be forfeited to Her Majesty in right of Canada to be disposed of or otherwise dealt with in accordance with the law by the member of the Queen’s Privy Council for Canada that is designated by the Governor in Council for the purpose of this paragraph.

        • Property related to other offences

          (2) Subject to sections 490.3 to 490.41, if the evidence does not establish to the satisfaction of the court that property in respect of which an order of forfeiture would otherwise be made under subsection (1) is related to the commission of the indictable offence under this Act or the Corruption of Foreign Public Officials Act of which a person is convicted or discharged, but the court is satisfied, beyond a reasonable doubt, that the property is offence-related property, the court may make an order of forfeiture under subsection (1) in relation to that property.

  • — 2017, c. 7, s. 65

    • 1997, c. 23, s. 15

      65 Paragraphs 490.2(4)(a) and (b) of the Act are replaced by the following :

      • (a) if the prosecution of the offence was commenced at the instance of the government of a province and conducted by or on behalf of that government, order that the property be forfeited to Her Majesty in right of that province to be disposed of or otherwise dealt with in accordance with the law by the Attorney General or Solicitor General of that province; and

      • (b) in any other case, order that the property be forfeited to Her Majesty in right of Canada to be disposed of or otherwise dealt with in accordance with the law by the member of the Queen’s Privy Council for Canada that is designated by the Governor in Council for the purpose of this paragraph.

  • — 2017, c. 7, s. 66

    • 1997, c. 23, s. 15

      66 The portion of subsection 490.4(2) of the Act before paragraph (c) is replaced by the following :

      • Manner of giving notice

        (2) A notice shall

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

        • (b) specify the period that the court considers reasonable or that may be set out in the rules of the court during which a person may make an application to the court asserting their interest in the property; and

  • — 2017, c. 7, s. 67

    • 2001, c. 32, s. 33

      67 Paragraphs 490.41(2)(a) and (b) of the Act are replaced by the following :

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

      • (b) specify the period that the court considers reasonable or that may be set out in the rules of the court during which a member of the immediate family who resides in the dwelling-house may make themselves known to the court; and

  • — 2017, c. 7, s. 68

    • 2001, c. 32, s. 36
      • 68 (1) Paragraphs 490.81(3)(a) and (b) of the Act are replaced by the following :

        • (a) the power to make an interlocutory sale of perishable or rapidly depreciating property;

        • (b) the power to destroy, in accordance with subsections (4) to (7), property that has little or no value; and

        • (c) the power to have property, other than real property or a conveyance, forfeited to Her Majesty in accordance with subsection (7.1).

      • 2001, c. 32, s. 36

        (2) Subsections 490.81(4) and (5) of the Act are replaced by the following :

        • Application for destruction order

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

        • Notice

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

      • 2001, c. 32, s. 36

        (3) Paragraphs 490.81(6)(a) and (b) of the Act are replaced by the following :

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

        • (b) specify the effective period of the notice that the court considers reasonable or that may be set out in the rules of the court.

      • 2001, c. 32, s. 36

        (4) Subsections 490.81(7) and (8) of the Act are replaced by the following :

        • Destruction order

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

        • Forfeiture order

          (7.1) On application by a person who is appointed to manage the property, a court shall order that the property, other than real property or a conveyance, be forfeited to Her Majesty to be disposed of or otherwise dealt with in accordance with the law if

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

          • (b) the notice specifies a period of 60 days during which a person may make an application to the court asserting their interest in the property; and

          • (c) during that period, no one makes such an application.

        • When management order ceases to have effect

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

        • For greater certainty

          (8.1) For greater certainty, if property that is the subject of a management order is sold, the management order applies to the net proceeds of the sale.

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