Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2016-09-18 and last amended on 2016-06-17. Previous Versions

Marginal note:Restriction

 Sections 117.07 to 117.09 do not apply if the public officer or the individual is subject to a prohibition order and acts contrary to that order or to an authorization or a licence issued under the authority of an order made under subsection 113(1).

  • 1995, c. 39, s. 139.

General

Marginal note:Onus on the accused

 Where, in any proceedings for an offence under any of sections 89, 90, 91, 93, 97, 101, 104 and 105, any question arises as to whether a person is the holder of an authorization, a licence or a registration certificate, the onus is on the accused to prove that the person is the holder of the authorization, licence or registration certificate.

  • 1995, c. 39, s. 139.
Marginal note:Authorizations, etc., as evidence
  •  (1) In any proceedings under this Act or any other Act of Parliament, a document purporting to be an authorization, a licence or a registration certificate is evidence of the statements contained therein.

  • Marginal note:Certified copies

    (2) In any proceedings under this Act or any other Act of Parliament, a copy of any authorization, licence or registration certificate is, if certified as a true copy by the Registrar or a chief firearms officer, admissible in evidence and, in the absence of evidence to the contrary, has the same probative force as the authorization, licence or registration certificate would have had if it had been proved in the ordinary way.

  • 1995, c. 39, s. 139.
Marginal note:Certificate of analyst
  •  (1) A certificate purporting to be signed by an analyst stating that the analyst has analyzed any weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or any part or component of such a thing, and stating the results of the analysis is evidence in any proceedings in relation to any of those things under this Act or under section 19 of the Export and Import Permits Act in relation to subsection 15(2) of that Act without proof of the signature or official character of the person appearing to have signed the certificate.

  • Marginal note:Attendance of analyst

    (2) The party against whom a certificate of an analyst is produced may, with leave of the court, require the attendance of the analyst for the purposes of cross-examination.

  • Marginal note:Notice of intention to produce certificate

    (3) No certificate of an analyst may be admitted in evidence unless the party intending to produce it has, before the trial, given to the party against whom it is intended to be produced reasonable notice of that intention together with a copy of the certificate.

  • (4) and (5) [Repealed, 2008, c. 18, s. 2]

  • 1995, c. 39, s. 139;
  • 2008, c. 18, s. 2.
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.

  • Marginal note:Non-restricted firearm

    (3) Despite the definitions prohibited firearm and restricted firearm in subsection 84(1), a firearm that is prescribed to be a non-restricted firearm is deemed not to be a prohibited firearm or a restricted firearm.

  • Marginal note:Restricted firearm

    (4) Despite the definition prohibited firearm in subsection 84(1), a firearm that is prescribed to be a restricted firearm is deemed not to be a prohibited firearm.

  • 1995, c. 39, s. 139;
  • 2015, c. 27, s. 34.

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; (témoignage, déposition ou déclaration)

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; (gouvernement)

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; (procédure judiciaire)

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; (charge ou emploi)

official

fonctionnaire

official means a person who

  • (a) holds an office, or

  • (b) is appointed or elected to discharge a public duty; (fonctionnaire)

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. (témoin)

  • R.S., 1985, c. C-46, s. 118;
  • R.S., 1985, c. 27 (1st Supp.), ss. 15, 203;
  • 2007, c. 13, s. 2.
 
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