Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-12-08 and last amended on 2014-12-06. Previous Versions

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.