Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2013-04-29 and last amended on 2013-03-27. 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        • (c) and (d) [Repealed, 2005, c. 22, s. 43]

      • (4) to (7) [Repealed, 2005, c. 22, s. 43]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