Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2017-06-19 and last amended on 2017-06-19. Previous Versions

RELATED PROVISIONS

  • — 1991, c. 43, ss. 10(1) to (7), as amended by 2005, c. 22, s. 43

    • Lieutenant Governor warrants or orders remain in force
      • 10 (1) Any order for detention of an accused or accused person made under section 614, 615 or 617 of the Criminal Code or section 200 or 201 of the National Defence Act, as those sections read immediately before the coming into force of section 3 or 18 of this Act, shall continue in force until an order is made by a court or Review Board under section 672.54 of the Criminal Code.

      • Review of inmates held in custody on lieutenant governor warrants or orders

        (2) The Review Board of a province shall, within twelve months after the coming into force of this section, review the case of every person detained in custody in the province by virtue of an order of detention referred to in subsection (1).

      • Application of sections 672.5 to 672.85 to reviews under subsection (2)

        (3) Sections 672.5 to 672.85 of the Criminal Code apply, with such modifications as the circumstances require, to a review under subsection (2) as if

        • (a) the review were a review of a disposition conducted pursuant to section 672.81 of that Act; and

        • (b) the warrant issued by the lieutenant governor pursuant to which the person is being detained in custody were a disposition made under section 672.54 of that Act.

        • (c) and (d) [Repealed, 2005, c. 22, s. 43]

      • (4) to (7) [Repealed, 2005, c. 22, s. 43]

  • — 2004, c. 12, s. 22

    • Interpretation of 2001, c. 32, ss. 82(1), (2) and (4)

      22 For greater certainty, section 82 of An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts (“the Act”), chapter 32 of the Statutes of Canada, 2001, is to be read in accordance with the following as a result of the division on October 2, 2001, of Bill C-15, introduced in the 1st session of the 37th Parliament and entitled the Criminal Law Amendment Act, 2001:

      • (a) the reference in subsection 82(1) of the Act to “Bill C-15” refers, with respect to subsections 82(2) and (4) of the Act, to Bill C-15A, which resulted from the division of Bill C-15 and has the same title;

      • (b) the reference in subsection 82(2) of the Act to “section 25 of the other Act” refers to section 16 of Bill C-15A; and

      • (c) the reference in subsection 82(4) of the Act to “section 62 of the other Act” refers to section 52 of Bill C-15A.

  • — 2004, c. 12, s. 23

    • Interpretation of 2001, c. 32, ss. 82(1) and (3)

      23 For greater certainty, section 82 of An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts (“the Act”), chapter 32 of the Statutes of Canada, 2001, is to be read in accordance with the following as a result of the division on October 2, 2001, of Bill C-15, introduced in the 1st session of the 37th Parliament and entitled the Criminal Law Amendment Act, 2001, and the division in the Senate on December 3, 2002, of Bill C-10, introduced in the 2nd session of the 37th Parliament and entitled An Act to amend the Criminal Code (cruelty to animals and firearms) and the Firearms Act:

      • (a) the reference in subsection 82(1) of the Act to “Bill C-15” refers, with respect to subsection 82(3) of the Act, to Bill C-10A, which resulted from the division of Bill C-10 and is entitled An Act to amend the Criminal Code (firearms) and the Firearms Act; and

      • (b) the reference in subsection 82(3) of the Act to “section 32 of the other Act” refers to section 8 of Bill C-10A.

  • — 2005, c. 32, s. 27.1

    • Review
      • 27.1 (1) Five years after this section comes into force, a committee of the Senate, of the House of Commons or of both Houses of Parliament that is designated or established for the purpose shall undertake a comprehensive review of this Act and its operation.

      • Report

        (2) The committee shall submit a report on the review to Parliament, including a statement of any changes that it recommends, within six months after it undertakes the review or within any further time authorized by the Senate, the House of Commons or both Houses of Parliament, as the case may be.

  • — 2009, c. 28, s. 12

    • Review

      12 Within five years after the day on which this Act receives royal assent, a comprehensive review of its provisions and operation shall be undertaken by the committee of the Senate, of the House of Commons or of both Houses of Parliament that is 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.

  • — 2009, c. 29, s. 5

    • Application — persons charged after coming into force

      5 Subsections 719(3) to (3.4) of the Act, as enacted by section 3, apply only to persons charged after the day on which those subsections come into force.

  • — 2011, c. 2, s. 7

    • Existing applications
      • (1) Applications that were made under section 745.6 of the Criminal Code as that section read immediately before the day on which section 3 comes into force and are still not finally disposed of on that day are to be dealt with and disposed of in accordance with the provisions of the Criminal Code as they read immediately before that day.

      • Further applications

        (2) A person who has made an application referred to in subsection (1) and who is the subject of a determination made under subsection 745.61(4) of the Criminal Code, as that subsection read before the day on which this subsection comes into force, or a determination or conclusion to which subsection 745.63(8) of the Criminal Code, as it read before that day, applies, may make an application under subsection 745.6(1) of the Criminal Code, as amended by subsection 3(1), within 180 days after the end of two years after the day on which the person is the subject of the determination or conclusion.

      • Further applications

        (3) A person who has made an application referred to in subsection (1) and in respect of whom a time is set under paragraph 745.61(3)(a) or 745.63(6)(a) of the Criminal Code, as enacted by subsections 4(3) and 5(1), respectively, may make an application under subsection 745.6(1) of the Criminal Code, as amended by subsection 3(1), within 180 days after the end of that time.

  • — 2012, c. 1, par. 163(a)

    • Pending applications — references in other legislation

      163 A reference to an application for a record suspension in the following provisions, as enacted by this Part, is deemed also to be a reference to an application for a pardon that is not finally disposed of on the day on which this section comes into force:

      • (a) paragraph 672.35(c) and subsection 750(4) of the Criminal Code;

  • — 2012, c. 1, par. 165(b)

    • Pardons in effect — references in other legislation

      165 A reference to a record suspension in the following provisions, as enacted by this Part, is deemed also to be a reference to a pardon that is granted or issued under the Criminal Records Act:

      • (b) the definition record suspension in subsection 490.011(1) of the Criminal Code;

  • — 2014, c. 6, s. 20.1

    • Review
      • 20.1 (1) Within five years after sections 2 to 20 come into force, a comprehensive review of the operation of sections 672.1 to 672.89 of the Criminal Code is to be undertaken by a committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established by the Senate, the House of Commons or both Houses of Parliament, as the case may be, for that purpose.

      • Report

        (2) Within a year, or such further time as authorized by the Senate, the House of Commons or both Houses of Parliament, as the case may be, after the review is undertaken, the Committee referred to in subsection (1) must submit a report on that review to the Senate, the House of Commons or both Houses of Parliament, as the case may be, including a statement of any changes recommended by the Committee.

  • — 2014, c. 25, s. 45.1

    • Review
      • 45.1 (1) Within five years after this section comes into force, a comprehensive review of the provisions and operation of this Act shall be undertaken by such committee of the House of Commons as may be designated or established by the House for that purpose.

      • Report

        (2) The committee referred to in subsection (1) shall, within a year after a review is undertaken pursuant to that subsection or within such further time as the House may authorize, submit a report on the review to the Speaker of the House, including a statement of any changes the committee recommends.

  • — 2015, c. 13, s. 37

    • Hearing — subsection 278.3(5)

      37 Subsection 278.3(5) of the Act, as that subsection read immediately before the day on which section 6 of this Act comes into force, continues to apply in respect of any hearing referred to in that subsection that takes place on that day or within 14 days after that day.

  • — 2015, c. 13, s. 38

    • Restitution requests — section 380.3

      38 Section 380.3 of the Act, as that section read immediately before the day on which section 11 of this Act comes into force, continues to apply in respect of requests for restitution made to the court under that section 380.3 before that day.

  • — 2015, c. 13, s. 39

    • Community impact statements — section 380.4

      39 Section 380.4 of the Act, as that section read immediately before the day on which section 11 of this Act comes into force, continues to apply in respect of statements filed with the court under that section 380.4 before that day.

  • — 2015, c. 13, s. 40

    • Section 423.1

      40 Section 423.1 of the Act, as amended by section 12 of this Act, applies only in respect of conduct engaged in on or after the day on which that section 12 comes into force.

  • — 2015, c. 13, s. 41

    • Victim impact statements — section 672.5

      41 Section 672.5 of the Act, as that section read immediately before the day on which section 22 of this Act comes into force, continues to apply in respect of any statement that was filed with the court or Review Board under that section 672.5 before that day.

  • — 2015, c. 13, s. 42

    • Section 718

      42 The amendments to section 718 of the Act made by section 23 of this Act apply only in respect of sentences imposed in respect of conduct engaged in on or after the day on which that section 23 comes into force.

  • — 2015, c. 13, s. 42.1

    • Paragraph 718.2(e)

      42.1 The amendment to paragraph 718.2(e) of the Act made by section 24 of this Act applies only in respect of sentences imposed in respect of conduct engaged in on or after the day on which that section 24 comes into force.

  • — 2015, c. 13, s. 43

    • Victim impact statements — section 722

      43 Section 722 of the Act, as that section read immediately before the day on which section 25 of this Act comes into force, continues to apply in respect of any statement that was filed with the court under that section 722 before that day.

  • — 2015, c. 13, s. 44

    • Sections 737.1 and 739.1 to 739.4

      44 Section 737.1 of the Act, as enacted by section 29 of this Act, and sections 739.1 to 739.4 of the Act, as enacted by section 30 of this Act, apply only in respect of conduct engaged in on or after the day on which those sections 29 and 30 come into force.

  • — 2015, c. 20, s. 28

    • Information — terrorism offence

      28 If an information has been laid under subsection 810.01(1) of the Criminal Code before the day on which this section comes into force by a person who fears on reasonable grounds that another person will commit a terrorism offence and a provincial court judge has not made a final determination with respect to the information, the information is deemed, on that day, to have been laid under subsection 810.011(1) of that Act.

  • — 2016, c. 3, s. 9.1

    • Mature minors, advance requests and mental illness
      • 9.1 (1) The Minister of Justice and the Minister of Health must, no later than 180 days after the day on which this Act receives royal assent, initiate one or more independent reviews of issues relating to requests by mature minors for medical assistance in dying, to advance requests and to requests where mental illness is the sole underlying medical condition.

      • (2) The Minister of Justice and the Minister of Health must, no later than two years after the day on which a review is initiated, cause one or more reports on the review, including any findings or recommendations resulting from it, to be laid before each House of Parliament.

  • — 2016, c. 3, s. 10

    • Review by committee
      • 10 (1) At the start of the fifth year after the day on which this Act receives royal assent, the provisions enacted by this Act are to be referred to the committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for the purpose of reviewing the provisions.

      • Report

        (2) The committee to which the provisions are referred is to review them and the state of palliative care in Canada and submit a report to the House or Houses of Parliament of which it is a committee, including a statement setting out any changes to the provisions that the committee recommends.

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