Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-10-27 and last amended on 2014-09-19. Previous Versions

Marginal note:Consent of Attorney General of Canada
  •  (1) No proceedings in respect of an offence committed in or on the territorial sea of Canada shall be continued unless the consent of the Attorney General of Canada is obtained not later than eight days after the proceedings are commenced, if the accused is not a Canadian citizen and the offence is alleged to have been committed on board any ship registered outside Canada.

  • Marginal note:Exception

    (1.1) Subsection (1) does not apply to proceedings by way of summary conviction.

  • Marginal note:Consent of Attorney General of Canada

    (2) No proceedings in respect of which courts have jurisdiction by virtue only of paragraph 477.1(a) or (b) shall be continued unless the consent of the Attorney General of Canada is obtained not later than eight days after the proceedings are commenced, if the accused is not a Canadian citizen and the offence is alleged to have been committed on board any ship registered outside Canada.

  • Marginal note:Consent of Attorney General of Canada

    (3) No proceedings in respect of which courts have jurisdiction by virtue only of paragraph 477.1(d) or (e) shall be continued unless the consent of the Attorney General of Canada is obtained not later than eight days after the proceedings are commenced.

  • Marginal note:Consent to be filed

    (4) The consent of the Attorney General required by subsection (1), (2) or (3) must be filed with the clerk of the court in which the proceedings have been instituted.

  • 1990, c. 44, s. 15;
  • 1994, c. 44, s. 32;
  • 1996, c. 31, s. 69.
Marginal note:Exercising powers of arrest, entry, etc.
  •  (1) Every power of arrest, entry, search or seizure or other power that could be exercised in Canada in respect of an act or omission referred to in section 477.1 may be exercised, in the circumstances referred to in that section,

    • (a) at the place or on board the ship or marine installation or structure, within the meaning of section 2 of the Oceans Act, where the act or omission occurred; or

    • (b) where hot pursuit has been commenced, at any place on the seas, other than a place that is part of the territorial sea of any other state.

  • Marginal note:Arrest, search, seizure, etc.

    (2) A justice or judge in any territorial division in Canada has jurisdiction to authorize an arrest, entry, search or seizure or an investigation or other ancillary matter related to an offence

    • (a) committed in or on the territorial sea of Canada or any area of the sea that forms part of the internal waters of Canada, or

    • (b) referred to in section 477.1

    in the same manner as if the offence had been committed in that territorial division.

  • Marginal note:Limitation

    (3) Where an act or omission that is an offence by virtue only of section 477.1 is alleged to have been committed on board any ship registered outside Canada, the powers referred to in subsection (1) shall not be exercised outside Canada with respect to that act or omission without the consent of the Attorney General of Canada.

  • 1990, c. 44, s. 15;
  • 1996, c. 31, s. 70.