Criminal Code (R.S.C., 1985, c. C-46)
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Act current to 2013-04-29 and last amended on 2013-03-27. 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.
Return to footnote *[Note: See 2004, c. 12, s. 23.]
— 2011, c. 7, s. 2
2. The Criminal Code is amended by adding the following after section 729:
Proof of certificate of analyst — bodily substance
729.1 (1) In a prosecution for failure to comply with a condition in a probation order that the accused not consume drugs, alcohol or any other intoxicating substance, or in a hearing to determine whether the offender breached such a condition of a conditional sentence order, a certificate purporting to be signed by an analyst that states that the analyst has analyzed a sample of a bodily substance and that states the result of the analysis is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person who appears to have signed the certificate.
Definition of “analyst”
(2) In this section, “analyst” has the same meaning as in subsection 254(1).
Notice of intention to produce certificate
(3) No certificate shall be admitted in evidence unless the party intending to produce it has, before the trial or hearing, as the case may be, given reasonable notice and a copy of the certificate to the party against whom it is to be produced.
Requiring attendance of analyst
(4) The party against whom a certificate of an analyst is produced may, with leave of the court, require the attendance of the analyst for cross-examination.
— 2011, c. 7, s. 3
1995, c. 22, s. 6
3. (1) Paragraph 732.1(3)(c) of the Act is replaced by the following:
(c) abstain from the consumption of drugs except in accordance with a medical prescription, of alcohol or of any other intoxicating substance;
(c.1) provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation on the demand of a peace officer, a probation officer or someone designated under subsection (9) to make a demand, at the place and time and on the day specified by the person making the demand, if that person has reasonable grounds to believe that the offender has breached a condition of the order that requires them to abstain from the consumption of drugs, alcohol or any other intoxicating substance;
(c.2) provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation at regular intervals that are specified by a probation officer in a notice in Form 51 served on the offender, if a condition of the order requires the offender to abstain from the consumption of drugs, alcohol or any other intoxicating substance;
(2) Section 732.1 of the Act is amended by adding the following after subsection (6):
Notice — samples at regular intervals
(7) The notice referred to in paragraph (3)(c.2) must specify the places and times at which and the days on which the offender must provide samples of a bodily substance under a condition described in that paragraph. The first sample may not be taken earlier than 24 hours after the offender is served with the notice, and subsequent samples must be taken at regular intervals of at least seven days.
Designations and specifications
(8) For the purposes of paragraphs (3)(c.1) and (c.2) and subject to the regulations, the Attorney General of a province or the minister of justice of a territory shall, with respect to the province or territory,
(a) designate the persons or classes of persons that may take samples of bodily substances;
(b) designate the places or classes of places at which the samples are to be taken;
(c) specify the manner in which the samples are to be taken;
(d) specify the manner in which the samples are to be analyzed;
(e) specify the manner in which the samples are to be stored, handled and destroyed;
(f) specify the manner in which the records of the results of the analysis of the samples are to be protected and destroyed;
(g) designate the persons or classes of persons that may destroy the samples; and
(h) designate the persons or classes of persons that may destroy the records of the results of the analysis of the samples.
Further designations
(9) For the purpose of paragraph (3)(c.1) and subject to the regulations, the Attorney General of a province or the minister of justice of a territory may, with respect to the province or territory, designate persons or classes of persons to make a demand for a sample of a bodily substance.
Restriction
(10) Samples of bodily substances referred to in paragraphs (3)(c.1) and (c.2) may not be taken, analyzed, stored, handled or destroyed, and the records of the results of the analysis of the samples may not be protected or destroyed, except in accordance with the designations and specifications made under subsection (8).
Destruction of samples
(11) The Attorney General of a province or the minister of justice of a territory, or a person authorized by the Attorney General or minister, shall cause all samples of bodily substances provided under a probation order to be destroyed within the periods prescribed by regulation unless the samples are reasonably expected to be used as evidence in a proceeding for an offence under section 733.1.
Regulations
(12) The Governor in Council may make regulations
(a) prescribing bodily substances for the purposes of paragraphs (3)(c.1) and (c.2);
(b) respecting the designations and specifications referred to in subsections (8) and (9);
(c) prescribing the periods within which samples of bodily substances are to be destroyed under subsection (11); and
(d) respecting any other matters relating to the samples of bodily substances.
— 2011, c. 7, s. 4
4. The Act is amended by adding the following after section 732.1:
Prohibition on use of bodily substance
732.11 (1) No person shall use a bodily substance provided under a probation order except for the purpose of determining whether an offender is complying with a condition of the order that they abstain from the consumption of drugs, alcohol or any other intoxicating substance.
Prohibition on use or disclosure of result
(2) Subject to subsection (3), no person shall use, disclose or allow the disclosure of the results of the analysis of a bodily substance provided under a probation order.
Exception
(3) The results of the analysis of a bodily substance provided under a probation order may be disclosed to the offender to whom they relate, and may also be used or disclosed in the course of an investigation of, or in a proceeding for, an offence under section 733.1 or, if the results are made anonymous, for statistical or other research purposes.
Offence
(4) Every person who contravenes subsection (1) or (2) is guilty of an offence punishable on summary conviction.
— 2011, c. 7, s. 5
1995, c. 22, s. 6
5. (1) Paragraph 742.3(2)(a) of the Act is replaced by the following:
(a) abstain from the consumption of drugs except in accordance with a medical prescription, of alcohol or of any other intoxicating substance;
(a.1) provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation on the demand of a peace officer, the supervisor or someone designated under subsection (7) to make a demand, at the place and time and on the day specified by the person making the demand, if that person has reasonable grounds to suspect that the offender has breached a condition of the order that requires them to abstain from the consumption of drugs, alcohol or any other intoxicating substance;
(a.2) provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation at regular intervals that are specified by the supervisor in a notice in Form 51 served on the offender, if a condition of the order requires the offender to abstain from the consumption of drugs, alcohol or any other intoxicating substance;
(2) Section 742.3 of the Act is amended by adding the following after subsection (4):
Notice — samples at regular intervals
(5) The notice referred to in paragraph (2)(a.2) must specify the places and times at which and the days on which the offender must provide samples of a bodily substance under a condition described in that paragraph. The first sample may not be taken earlier than 24 hours after the offender is served with the notice, and subsequent samples must be taken at regular intervals of at least seven days.
Designations and specifications
(6) For the purposes of paragraphs (2)(a.1) and (a.2) and subject to the regulations, the Attorney General of a province or the minister of justice of a territory shall, with respect to the province or territory,
(a) designate the persons or classes of persons that may take samples of bodily substances;
(b) designate the places or classes of places at which the samples are to be taken;
(c) specify the manner in which the samples are to be taken;
(d) specify the manner in which the samples are to be analyzed;
(e) specify the manner in which the samples are to be stored, handled and destroyed;
(f) specify the manner in which the records of the results of the analysis of the samples are to be protected and destroyed;
(g) designate the persons or classes of persons that may destroy the samples; and
(h) designate the persons or classes of persons that may destroy the records of the results of the analysis of the samples.
Further designations
(7) For the purpose of paragraph (2)(a.1) and subject to the regulations, the Attorney General of a province or the minister of justice of a territory may, with respect to the province or territory, designate persons or classes of persons to make a demand for a sample of a bodily substance.
Restriction
(8) Samples of bodily substances referred to in paragraphs (2)(a.1) and (a.2) may not be taken, analyzed, stored, handled or destroyed, and the records of the results of the analysis of the samples may not be protected or destroyed, except in accordance with the designations and specifications made under subsection (6).
Destruction of samples
(9) The Attorney General of a province or the minister of justice of a territory, or a person authorized by the Attorney General or minister, shall cause all samples of bodily substances provided under a conditional sentence order to be destroyed within the periods prescribed by regulation, unless the samples are reasonably expected to be used as evidence in proceedings under section 742.6.
Regulations
(10) The Governor in Council may make regulations
(a) prescribing bodily substances for the purposes of paragraphs (2)(a.1) and (a.2);
(b) respecting the designations and specifications referred to in subsections (6) and (7);
(c) prescribing the periods within which samples of bodily substances are to be destroyed under subsection (9); and
(d) respecting any other matters relating to the samples of bodily substances.
— 2011, c. 7, s. 6
6. The Act is amended by adding the following after section 742.3:
Prohibition on use of bodily substance
742.31 (1) No person shall use a bodily substance provided under a conditional sentence order except for the purpose of determining whether an offender is complying with a condition of the order that they abstain from the consumption of drugs, alcohol or any other intoxicating substance.
Prohibition on use or disclosure of result
(2) Subject to subsection (3), no person shall use, disclose or allow the disclosure of the results of the analysis of a bodily substance provided under a conditional sentence order.
Exception
(3) The results of the analysis of a bodily substance provided under a conditional sentence order may be disclosed to the offender to whom they relate, and may also be used or disclosed in the course of proceedings under section 742.6 or, if the results are made anonymous, for statistical or other research purposes.
Offence
(4) Every person who contravenes subsection (1) or (2) is guilty of an offence punishable on summary conviction.
— 2011, c. 7, s. 7
1994, c. 44, s. 81(2)
7. (1) Subsection 810(3) of the Act is replaced by the following:
Adjudication
(3) If the justice or summary conviction court before which the parties appear is satisfied by the evidence adduced that the person on whose behalf the information was laid has reasonable grounds for the fear, the justice or court may order that the defendant enter into a recognizance, with or without sureties, to keep the peace and be of good behaviour for a period of not more than 12 months.
Refusal to enter into recognizance
(3.01) The justice or summary conviction court may commit the defendant to prison for a term of not more than 12 months if the defendant fails or refuses to enter into the recognizance.
Conditions in recognizance
(3.02) The justice or summary conviction court may add any reasonable conditions to the recognizance that the justice or court considers desirable to secure the good conduct of the defendant, including conditions that require the defendant
(a) to abstain from the consumption of drugs except in accordance with a medical prescription, of alcohol or of any other intoxicating substance;
(b) to provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation on the demand of a peace officer, a probation officer or someone designated under paragraph 810.3(2)(a) to make a demand, at the place and time and on the day specified by the person making the demand, if that person has reasonable grounds to believe that the defendant has breached a condition of the recognizance that requires them to abstain from the consumption of drugs, alcohol or any other intoxicating substance; or
(c) to provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation at regular intervals that are specified, in a notice in Form 51 served on the defendant, by a probation officer or a person designated under paragraph 810.3(2)(b) to specify them, if a condition of the recognizance requires the defendant to abstain from the consumption of drugs, alcohol or any other intoxicating substance.
(2) Subsection 810(4) of the Act is replaced by the following:
Forms
(4) A recognizance and a committal to prison in default of recognizance may be in Forms 32 and 23, respectively.
— 2011, c. 7, s. 8
2009, c. 22, s. 19(1)
8. (1) Subsection 810.01(3) of the French version of the Act is replaced by the following:
Décision
(3) Le juge devant lequel les parties comparaissent peut, s’il est convaincu par la preuve apportée que les craintes du dénonciateur sont fondées sur des motifs raisonnables, ordonner que le défendeur contracte l’engagement de ne pas troubler l’ordre public et d’avoir une bonne conduite pour une période maximale de douze mois.
2009, c. 22, s. 19(2)
(2) The portion of subsection 810.01(4.1) of the Act before paragraph (a) is replaced by the following:
Conditions in recognizance
(4.1) The provincial court judge may add any reasonable conditions to the recognizance that the judge considers desirable for preventing the commission of an offence referred to in subsection (1), including conditions that require the defendant
(3) Subsection 810.01(4.1) of the Act is amended by striking out “or” at the end of paragraph (d) and by adding the following after paragraph (e):
(f) to provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation on the demand of a peace officer, a probation officer or someone designated under paragraph 810.3(2)(a) to make a demand, at the place and time and on the day specified by the person making the demand, if that person has reasonable grounds to believe that the defendant has breached a condition of the recognizance that requires them to abstain from the consumption of drugs, alcohol or any other intoxicating substance; or
(g) to provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation at regular intervals that are specified, in a notice in Form 51 served on the defendant, by a probation officer or a person designated under paragraph 810.3(2)(b) to specify them, if a condition of the recognizance requires the defendant to abstain from the consumption of drugs, alcohol or any other intoxicating substance.
— 2011, c. 7, s. 9
9. Subsection 810.1(3.02) of the Act is amended by striking out “or” at the end of paragraph (f) and by adding the following after paragraph (g):
(h) require the defendant to provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation on the demand of a peace officer, a probation officer or someone designated under paragraph 810.3(2)(a) to make a demand, at the place and time and on the day specified by the person making the demand, if that person has reasonable grounds to believe that the defendant has breached a condition of the recognizance that requires them to abstain from the consumption of drugs, alcohol or any other intoxicating substance; or
(i) require the defendant to provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation at regular intervals that are specified, in a notice in Form 51 served on the defendant, by a probation officer or a person designated under paragraph 810.3(2)(b) to specify them, if a condition of the recognizance requires the defendant to abstain from the consumption of drugs, alcohol or any other intoxicating substance.
— 2011, c. 7, s. 10
10. Subsection 810.2(4.1) of the Act is amended by striking out “or” at the end of paragraph (d) and by adding the following after paragraph (e):
(f) to provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation on the demand of a peace officer, a probation officer or someone designated under paragraph 810.3(2)(a) to make a demand, at the place and time and on the day specified by the person making the demand, if that person has reasonable grounds to believe that the defendant has breached a condition of the recognizance that requires them to abstain from the consumption of drugs, alcohol or any other intoxicating substance; or
(g) to provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation at regular intervals that are specified, in a notice in Form 51 served on the defendant, by a probation officer or a person designated under paragraph 810.3(2)(b) to specify them, if a condition of the recognizance requires the defendant to abstain from the consumption of drugs, alcohol or any other intoxicating substance.
— 2011, c. 7, s. 11
11. The Act is amended by adding the following after section 810.2:
Samples — designations and specifications
810.3 (1) For the purposes of sections 810, 810.01, 810.1 and 810.2 and subject to the regulations, the Attorney General of a province or the minister of justice of a territory shall, with respect to the province or territory,
(a) designate the persons or classes of persons that may take samples of bodily substances;
(b) designate the places or classes of places at which the samples are to be taken;
(c) specify the manner in which the samples are to be taken;
(d) specify the manner in which the samples are to be analyzed;
(e) specify the manner in which the samples are to be stored, handled and destroyed;
(f) specify the manner in which the records of the results of the analysis of the samples are to be protected and destroyed;
(g) designate the persons or classes of persons that may destroy the samples; and
(h) designate the persons or classes of persons that may destroy the records of the results of the analysis of the samples.
Further designations
(2) Subject to the regulations, the Attorney General of a province or the minister of justice of a territory may, with respect to the province or territory, designate the persons or classes of persons
(a) to make a demand for a sample of a bodily substance for the purposes of paragraphs 810(3.02)(b), 810.01(4.1)(f), 810.1(3.02)(h) and 810.2(4.1)(f); and
(b) to specify the regular intervals at which a defendant must provide a sample of a bodily substance for the purposes of paragraphs 810(3.02)(c), 810.01(4.1)(g), 810.1(3.02)(i) and 810.2(4.1)(g).
Restriction
(3) Samples of bodily substances referred to in sections 810, 810.01, 810.1 and 810.2 may not be taken, analyzed, stored, handled or destroyed, and the records of the results of the analysis of the samples may not be protected or destroyed, except in accordance with the designations and specifications made under subsection (1).
Destruction of samples
(4) The Attorney General of a province or the minister of justice of a territory, or a person authorized by the Attorney General or minister, shall cause all samples of bodily substances provided under a recognizance under section 810, 810.01, 810.1 or 810.2 to be destroyed within the period prescribed by regulation unless the samples are reasonably expected to be used as evidence in a proceeding for an offence under section 811.
Regulations
(5) The Governor in Council may make regulations
(a) prescribing bodily substances for the purposes of sections 810, 810.01, 810.1 and 810.2;
(b) respecting the designations and specifications referred to in subsections (1) and (2);
(c) prescribing the periods within which samples of bodily substances are to be destroyed under subsection (4); and
(d) respecting any other matters relating to the samples of bodily substances.
Notice — samples at regular intervals
(6) The notice referred to in paragraph 810(3.02)(c), 810.01(4.1)(g), 810.1(3.02)(i) or 810.2(4.1)(g) must specify the places and times at which and the days on which the defendant must provide samples of a bodily substance under a condition described in that paragraph. The first sample may not be taken earlier than 24 hours after the defendant is served with the notice, and subsequent samples must be taken at regular intervals of at least seven days.
Prohibition on use of bodily substance
810.4 (1) No person shall use a bodily substance provided under a recognizance under section 810, 810.01, 810.1 or 810.2 except for the purpose of determining whether a defendant is complying with a condition in the recognizance that they abstain from the consumption of drugs, alcohol or any other intoxicating substance.
Prohibition on use or disclosure of result
(2) Subject to subsection (3), no person shall use, disclose or allow the disclosure of the results of the analysis of a bodily substance provided under a recognizance under section 810, 810.01, 810.1 or 810.2.
Exception
(3) The results of the analysis of a bodily substance provided under a recognizance under section 810, 810.01, 810.1 or 810.2 may be disclosed to the defendant to whom they relate, and may also be used or disclosed in the course of an investigation of, or in a proceeding for, an offence under section 811 or, if the results are made anonymous, for statistical or other research purposes.
Offence
(4) Every person who contravenes subsection (1) or (2) is guilty of an offence punishable on summary conviction.
— 2011, c. 7, s. 12
12. The Act is amended by adding the following after section 811:
Proof of certificate of analyst — bodily substance
811.1 (1) In a prosecution for breach of a condition in a recognizance under section 810, 810.01, 810.1 or 810.2 that a defendant not consume drugs, alcohol or any other intoxicating substance, a certificate purporting to be signed by an analyst that states that the analyst has analyzed a sample of a bodily substance and that states the result of the analysis is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person who appears to have signed the certificate.
Definition of “analyst”
(2) In this section, “analyst” has the same meaning as in subsection 254(1).
Notice of intention to produce certificate
(3) No certificate shall be admitted in evidence unless the party intending to produce it has, before the trial, given reasonable notice and a copy of the certificate to the party against whom it is to be produced.
Requiring attendance of analyst
(4) The party against whom a certificate of an analyst is produced may, with leave of the court, require the attendance of the analyst for cross-examination.
— 2011, c. 7, s. 13
13. Part XXVIII of the Act is amended by adding the following after Form 50:
FORM 51
(Paragraphs 732.1(3)(c.2), 742.3(2)(a.2), 810(3.02)(c), 810.01(4.1)(g), 810.1(3.02)(i) and 810,2(4.1)(g))
NOTICE OF OBLIGATION TO PROVIDE SAMPLES OF BODILY SUBSTANCE
To A.B., of ................, (occupation), (address in Canada), (date of birth), (gender):
Because, on (date), you were ordered, under (applicable provision) of the Criminal Code, to provide samples of a bodily substance prescribed by regulation at regular intervals for the purpose of analysis;
You are provided with this notice to inform you of your obligations with respect to providing samples.
1. On (specify a day not earlier than 24 hours after the day on which the notice is served), you must report, at any time from (time) to (time), at (address of place at which sample to be taken, as designated by the Attorney General of the province or Minister of Justice of the territory), to provide a sample of your (specify type of bodily substance prescribed by regulation).
2. Every (specify a number not less than seven) days after you first report to provide a sample, you must report, at any time from (time) to (time), at (address of place at which sample to be taken, as designated by the Attorney General of the province or Minister of Justice of the territory), to provide a sample of your (specify type of bodily substance prescribed by regulation).
3. You have the right to apply to a court to terminate the obligation to provide samples, and the right to appeal any decision of that court.
4. If you are found to have not complied with your obligation to provide samples as set out in this notice, you may be subject to a fine or imprisonment, or to both (or, in the case of a conditional sentence, you may be subject to proceedings under section 742.6 of the Criminal Code, the consequences of which may include imprisonment).
5. The results of the analysis of the bodily substances may be used or disclosed in accordance with the Criminal Code, including in proceedings against you, the result of which may be that you are subject to a fine or imprisonment, or to both (or, in the case of a conditional sentence, including in proceedings under section 742.6 of the Criminal Code, the consequences of which may include imprisonment).
Served on (date), at (place the notice is served).
..................................................
(Signature of probation officer, supervisor or person designated by the Attorney General or Minister of Justice, as the case may be)
— 2013, c. 8, s. 5
2005, c. 10, subpar. 34(1)(f)(ix)
5. (1) Subsection 195(1) of the Act is replaced by the following:
Annual report
195. (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 that Minister and agents to be named in the report who were specially designated in writing by that Minister for the purposes of section 185 applied and to the interceptions made under those authorizations in the immediately preceding year;
(b) authorizations given under section 188 for which peace officers to be named in the report who were specially designated by that Minister for the purposes of that section applied and to the interceptions made under those authorizations in the immediately preceding year; and
(c) interceptions made under section 184.4 in the immediately preceding year if the interceptions relate to an offence for which proceedings may be commenced by the Attorney General of Canada.
(2) The portion of subsection 195(2) of the Act before paragraph (a) is replaced by the following:
Information respecting authorizations — sections 185 and 188
(2) The report shall, in relation to the authorizations and interceptions referred to in paragraphs (1)(a) and (b), set out
(3) Section 195 of the Act is amended by adding the following after subsection (2):
Information respecting interceptions — section 184.4
(2.1) The report shall, in relation to the interceptions referred to in paragraph (1)(c), set out
(a) the number of interceptions made;
(b) the number of parties to each intercepted private communication against whom proceedings were commenced in respect of the offence that the police officer sought to prevent in intercepting the private communication or in respect of any other offence that was detected as a result of the interception;
(c) the number of persons who were not parties to an intercepted private communication but whose commission or alleged commission of an offence became known to a police officer as a result of the interception of a private communication, and against whom proceedings were commenced in respect of the offence that the police officer sought to prevent in intercepting the private communication or in respect of any other offence that was detected as a result of the interception;
(d) the number of notifications given under section 196.1;
(e) the offences in respect of which interceptions were made and any other offences for which proceedings were commenced as a result of an interception, as well as the number of interceptions made with respect to each offence;
(f) a general description of the methods of interception used for each interception;
(g) the number of persons arrested whose identity became known to a police officer as a result of an interception;
(h) the number of criminal proceedings commenced in which private communications obtained by interception were adduced in evidence and the number of those proceedings that resulted in a conviction;
(i) the number of criminal investigations in which information obtained as a result of the interception of a private communication was used even though the private communication was not adduced in evidence in criminal proceedings commenced as a result of the investigations; and
(j) the duration of each interception and the aggregate duration of all the interceptions related to the investigation of the offence that the police officer sought to prevent in intercepting the private communication.
(4) The portion of subsection 195(3) of the Act before paragraph (a) is replaced by the following:
Other information
(3) The report shall, in addition to the information referred to in subsections (2) and (2.1), set out
(5) Subsection 195(5) of the Act is replaced by the following:
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 the Attorney General and agents specially designated in writing by the Attorney General for the purposes of section 185 applied and to the interceptions made under those authorizations in the immediately preceding year;
(b) authorizations given under section 188 for which peace officers specially designated by the Attorney General for the purposes of that section applied and to the interceptions made under those authorizations in the immediately preceding year; and
(c) interceptions made under section 184.4 in the immediately preceding year, if the interceptions relate to an offence not referred to in paragraph (1)(c).
The report must set out, with any modifications that the circumstances require, the information described in subsections (2) to (3).
— 2013, c. 9, s. 2
2. Paragraphs 7(2)(b) and (c) of the Criminal Code are replaced by the following:
(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(c), (d) or (g),
(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(e),
— 2013, c. 9, s. 3
2001, c. 41, s. 4
3. (1) Paragraphs 83.08(1)(b) and (c) of the French version of the Act are replaced by the following:
b) de conclure ou de faciliter sciemment, directement ou non, une opération relativement à des biens visés à l’alinéa a);
c) de fournir sciemment à un groupe terroriste, pour son profit ou sur son ordre, des services financiers ou tout autre service connexe liés à des biens visés à l’alinéa a).
2001, c. 41, s. 4
(2) Subsection 83.08(2) of the English version of the Act is replaced by the following:
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 they took all reasonable steps to satisfy themselves that the relevant property was owned or controlled by or on behalf of a terrorist group.
— 2013, c. 9, s. 4
2001, c. 41, s. 4
4. The portion of subsection 83.1(1) of the Act before paragraph (a) is replaced by the following:
Disclosure
83.1 (1) Every person in Canada and every Canadian outside Canada shall disclose without delay to the Commissioner of the Royal Canadian Mounted Police or to the Director of the Canadian Security Intelligence Service
— 2013, c. 9, s. 5
2001, c. 41, s. 4
5. Subsection 83.12(2) of the Act is repealed.
— 2013, c. 9, s. 6
6. The Act is amended by adding the following after section 83.18:
Leaving Canada to participate in activity of terrorist group
83.181 Everyone who leaves or attempts to leave Canada, or goes or attempts to go on board a conveyance with the intent to leave Canada, for the purpose of committing an act or omission outside Canada that, if committed in Canada, would be an offence under subsection 83.18(1) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.
— 2013, c. 9, s. 7
7. The Act is amended by adding the following after section 83.19:
Leaving Canada to facilitate terrorist activity
83.191 Everyone who leaves or attempts to leave Canada, or goes or attempts to go on board a conveyance with the intent to leave Canada, for the purpose of committing an act or omission outside Canada that, if committed in Canada, would be an offence under subsection 83.19(1) is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.
— 2013, c. 9, s. 8
8. The Act is amended by adding the following after section 83.2:
Leaving Canada to commit offence for terrorist group
83.201 Everyone who leaves or attempts to leave Canada, or goes or attempts to go on board a conveyance with the intent to leave Canada, for the purpose of committing an act or omission outside Canada that, if committed in Canada, would be 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 a term of not more than 14 years.
Leaving Canada to commit offence that is terrorist activity
83.202 Everyone who leaves or attempts to leave Canada, or goes or attempts to go on board a conveyance with the intent to leave Canada, for the purpose of committing an act or omission outside Canada that, if committed in Canada, would be an indictable offence under this or any other Act of Parliament if the act or omission constituting the offence also constitutes a terrorist activity is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.
— 2013, c. 9, s. 9
2001, c. 41, s. 4
9. Section 83.23 of the Act is replaced by the following:
Concealing person who carried out terrorist activity
83.23 (1) Everyone who knowingly harbours or conceals any person whom they know to be a person who has carried 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
(a) for a term of not more than 14 years, if the person who is harboured or concealed carried out a terrorist activity that is a terrorism offence for which that person is liable to imprisonment for life; and
(b) for a term of not more than 10 years, if the person who is harboured or concealed carried out a terrorist activity that is a terrorism offence for which that person is liable to any other punishment.
Concealing person who is likely to carry out terrorist activity
(2) Everyone who knowingly harbours or conceals any person whom they know to be a person who 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 of not more than 10 years.
— 2013, c. 9, s. 10
2001, c. 41, s. 4
10. The heading before section 83.28 and sections 83.28 to 83.3 of the Act are replaced by the following:
Investigative Hearing
Definition of “judge”
83.28 (1) In this section and section 83.29, “judge” means a provincial court judge or a judge of a superior court of criminal jurisdiction.
Order for gathering information
(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.
Attorney General’s consent
(3) A peace officer may make an application under subsection (2) only if the Attorney General’s prior consent was obtained.
Making of order
(4) The judge to whom the application is made may make an order for the gathering of information if they are satisfied that the Attorney General’s consent was obtained as required by subsection (3), and
(a) that there are reasonable grounds to believe that
(i) a terrorism offence has been committed,
(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, and
(iii) reasonable attempts have been made to obtain the information referred to in subparagraph (ii) by other means; 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 the offence referred to in subparagraph (i), or that may reveal the whereabouts of an individual who the peace officer suspects may commit the offence referred to in that subparagraph, and
(iii) reasonable attempts have been made to obtain the information referred to in subparagraph (ii) by other means.
Contents of order
(5) An order made under subsection (4) shall order the examination, on oath or not, of the person named in the order and require the person to attend at the place fixed by the judge, or by the judge designated under paragraph (b), as the case may be, for the examination and to remain in attendance until excused by the presiding judge, and may
(a) order the person to bring to the examination any thing in their possession or control, and produce it to the presiding judge;
(b) designate another judge as the judge before whom the examination is to take place; and
(c) 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.
Execution of order
(6) The order may be executed anywhere in Canada.
Variation of order
(7) The judge who made the order, or another judge of the same court, may vary its terms and conditions.
Obligation to answer questions and produce things
(8) A person named in an order made under subsection (4) shall answer questions put to them 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 privilege or to disclosure of information.
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.
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 them or subject them 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 them, 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 them, other than a prosecution under section 132 or 136.
Right to counsel
(11) A person has the right to retain and instruct counsel at any stage of the proceedings.
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, may order that the thing be given into the custody of the peace officer or someone acting on the peace officer’s behalf.
Arrest warrant
83.29 (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.
Execution of warrant
(2) The warrant may be executed at any place in Canada by any peace officer having jurisdiction in that place.
Person to be brought before judge
(3) A peace officer who arrests a person in the execution of the warrant shall, without delay, bring the person, or cause them 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.
Application of section 707
(4) Section 707 applies, with any necessary modifications, to persons detained in custody under this section.
Recognizance with Conditions
Attorney General’s consent
83.3 (1) The Attorney General’s consent is required before a peace officer may lay an information under subsection (2).
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.
Appearance
(3) The judge who receives the information may cause the person to appear before any provincial court judge.
Arrest without warrant
(4) Despite subsections (2) and (3), a peace officer may arrest a person without a warrant and cause the person to be detained in custody, in order to bring them before a provincial court judge in accordance with subsection (6), 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.
Duty of peace officer
(5) If a peace officer arrests a person without a 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.
When person to be taken before judge
(6) Unless a peace officer, or an officer in charge as defined in Part XVI, is satisfied that a person should be released from custody unconditionally before their appearance before a provincial court judge in accordance with the rules in paragraph (a) or (b), and so releases the person, the 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 24 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 24 hours after the person has been arrested, the person shall be taken before a provincial court judge as soon as feasible.
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 person’s detention 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) the detention is necessary 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 48 hours.
Hearing before judge
(8) The judge before whom the person appears in accordance with 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 12 months and to comply with any other reasonable conditions prescribed in the recognizance, including the conditions set out in subsection (10), that the 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).
Refusal to enter into recognizance
(9) The judge may commit the person to prison for a term not exceeding 12 months if the person fails or refuses to enter into the recognizance.
Conditions — firearms
(10) Before making an order under paragraph (8)(a), the 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 if the judge decides that it is so desirable, they shall add the condition to the recognizance.
Surrender, etc.
(11) If the judge adds the condition described in subsection (10) to a recognizance, they shall specify in it the manner and method by which
(a) the things referred to in that subsection that are in the person’s possession shall be surrendered, disposed of, detained, stored or dealt with; and
(b) the authorizations, licences and registration certificates that are held by the person shall be surrendered.
Reasons
(12) If the judge does not add the condition to a recognizance, they shall include in the record a statement of the reasons for not adding it.
Variance of conditions
(13) The judge, or any other judge of the same court, may, on application of the peace officer, the Attorney General or the person, vary the conditions fixed in the recognizance.
Other provisions to apply
(14) Subsections 810(4) and (5) apply, with any necessary modifications, to proceedings under this section.
— 2013, c. 9, s. 11
11. (1) Section 83.31 of the Act is amended by adding the following after subsection (1):
Attorney General’s opinion
(1.1) The Attorney General of Canada shall include in the annual report under subsection (1) his or her opinion, supported by reasons, on whether the operation of sections 83.28 and 83.29 should be extended.
(2) Section 83.31 of the Act is amended by adding the following after subsection (3):
Opinions
(3.1) The Attorney General of Canada and the Minister of Public Safety and Emergency Preparedness shall include in their annual reports under subsections (2) and (3), respectively, their opinion, supported by reasons, on whether the operation of section 83.3 should be extended.
— 2013, c. 9, s. 12
2001, c. 41, s. 4
12. (1) Subsections 83.32(1) and (2) of the Act are replaced by the following:
Sunset provision
83.32 (1) Sections 83.28, 83.29 and 83.3 cease to have effect at the end of the 15th sitting day of Parliament after the fifth anniversary of the coming into force of this subsection unless, before the end of that day, the operation of those sections is extended by resolution — whose text is established under subsection (2) — passed by both Houses of Parliament in accordance with the rules set out in subsection (3).
Review
(1.1) A comprehensive review of sections 83.28, 83.29 and 83.3 and their operation shall be undertaken by any committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.
Report
(1.2) The committee referred to in subsection (1.1) shall, within a year after a review is undertaken under that subsection or within any further time that may be authorized by the Senate, the House of Commons or both Houses of Parliament, as the case may be, submit a report on the review to Parliament, including its recommendation with respect to extending the operation of section 83.28, 83.29 or 83.3.
Order in council
(2) The Governor in Council may, by order, establish the text of a resolution that provides for the extension of the operation of section 83.28, 83.29 or 83.3 and that specifies 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.
2001, c. 41, s. 4
(2) Subsection 83.32(4) of the Act is replaced by the following:
Subsequent extensions
(4) The operation of section 83.28, 83.29 or 83.3 may be further extended in accordance with the procedure set out in this section, but the reference to “the fifth anniversary of the coming into force of this subsection” in subsection (1) is to be read as a reference to “the expiry of the most recent extension under this section”.
— 2013, c. 9, s. 13
2001, c. 41, s. 4
13. Section 83.33 of the Act is replaced by the following:
Transitional provision — sections 83.28 and 83.29
83.33 (1) In the event that sections 83.28 and 83.29 cease to have effect in accordance with 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 have effect.
Transitional provision — section 83.3
(2) In the event that section 83.3 ceases to have effect in accordance with section 83.32, a person detained in custody under section 83.3 shall be released when that section ceases to have effect, 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 have effect.
— 2013, c. 9, s. 14
14. (1) Paragraph (a) of the definition “offence” in section 183 of the Act is amended by adding the following after subparagraph (xii.4):
(xii.41) section 83.181 (leaving Canada to participate in activity of terrorist group),
(2) Paragraph (a) of the definition “offence” in section 183 of the Act is amended by adding the following after subparagraph (xii.5):
(xii.51) section 83.191 (leaving Canada to facilitate terrorist activity),
(3) Paragraph (a) of the definition “offence” in section 183 of the Act is amended by adding the following after subparagraph (xii.6):
(xii.61) section 83.201 (leaving Canada to commit offence for terrorist group),
(xii.62) section 83.202 (leaving Canada to commit offence that is terrorist activity),
— 2013, c. 9, s. 15
2001, c. 32, s. 26(3)
15. Paragraph 462.48(2)(d) of the Act is replaced by the following:
(d) the facts relied on to justify the belief, on reasonable grounds, that the person referred to in paragraph (b) has committed or benefited from the commission of any of the offences referred to in subsection (1.1) and that the information or documents referred to in paragraph (c) are likely to be of substantial value, whether alone or together with other material, to the investigation for the purposes of which the application is made.
— 2013, c. 9, s. 16
16. (1) Paragraph (a.1) of the definition “primary designated offence” in section 487.04 of the Act is amended by adding the following after subparagraph (i.05):
(i.051) section 83.181 (leaving Canada to participate in activity of terrorist group),
(2) Paragraph (a.1) of the definition “primary designated offence” in section 487.04 of the Act is amended by adding the following after subparagraph (i.06):
(i.061) section 83.191 (leaving Canada to facilitate terrorist activity),
(3) Paragraph (a.1) of the definition “primary designated offence” in section 487.04 of the Act is amended by adding the following after subparagraph (i.07):
(i.071) section 83.201 (leaving Canada to commit offence for terrorist group,
(i.072) section 83.202 (leaving Canada to commit offence that is terrorist activity),
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