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An Act to amend the Criminal Code (criminal liability of organizations) (S.C. 2003, c. 21)

Assented to 2003-11-07

Marginal note:2002, c. 13, s. 60

 Subsection 650(1) of the Act is replaced by the following:

Marginal note:Accused to be present
  • 650. (1) Subject to subsections (1.1) to (2) and section 650.01, an accused, other than an organization, shall be present in court during the whole of his or her trial.

Marginal note:R.S., c. 27 (1st Supp.), s. 149

 Section 703.2 of the Act is replaced by the following:

Marginal note:Service of process on an organization

703.2 Where any summons, notice or other process is required to be or may be served on an organization, and no other method of service is provided, service may be effected by delivery

  • (a) in the case of a municipality, to the mayor, warden, reeve or other chief officer of the municipality, or to the secretary, treasurer or clerk of the municipality; and

  • (b) in the case of any other organization, to the manager, secretary or other senior officer of the organization or one of its branches.

 The Act is amended by adding the following after section 718.2:

Organizations

Marginal note:Additional factors

718.21 A court that imposes a sentence on an organization shall also take into consideration the following factors:

  • (a) any advantage realized by the organization as a result of the offence;

  • (b) the degree of planning involved in carrying out the offence and the duration and complexity of the offence;

  • (c) whether the organization has attempted to conceal its assets, or convert them, in order to show that it is not able to pay a fine or make restitution;

  • (d) the impact that the sentence would have on the economic viability of the organization and the continued employment of its employees;

  • (e) the cost to public authorities of the investigation and prosecution of the offence;

  • (f) any regulatory penalty imposed on the organization or one of its representatives in respect of the conduct that formed the basis of the offence;

  • (g) whether the organization was — or any of its representatives who were involved in the commission of the offence were — convicted of a similar offence or sanctioned by a regulatory body for similar conduct;

  • (h) any penalty imposed by the organization on a representative for their role in the commission of the offence;

  • (i) any restitution that the organization is ordered to make or any amount that the organization has paid to a victim of the offence; and

  • (j) any measures that the organization has taken to reduce the likelihood of it committing a subsequent offence.

Marginal note:1995, c. 22, s. 6

 Subsection 721(1) of the Act is replaced by the following:

Marginal note:Report by probation officer
  • 721. (1) Subject to regulations made under subsection (2), where an accused, other than an organization, pleads guilty to or is found guilty of an offence, a probation officer shall, if required to do so by a court, prepare and file with the court a report in writing relating to the accused for the purpose of assisting the court in imposing a sentence or in determining whether the accused should be discharged under section 730.

Marginal note:1995, c. 22, s. 6

 Subsection 727(4) of the Act is replaced by the following:

  • Marginal note:Organizations

    (4) If, under section 623, the court proceeds with the trial of an organization that has not appeared and pleaded and convicts the organization, the court may, whether or not the organization was notified that a greater punishment would be sought by reason of a previous conviction, make inquiries and hear evidence with respect to previous convictions of the organization and, if any such conviction is proved, may impose a greater punishment by reason of that conviction.

Marginal note:1997, c. 18, par. 141(d)

 Subsection 730(1) of the Act is replaced by the following:

Marginal note:Conditional and absolute discharge
  • 730. (1) Where an accused, other than an organization, pleads guilty to or is found guilty of an offence, other than an offence for which a minimum punishment is prescribed by law or an offence punishable by imprisonment for fourteen years or for life, the court before which the accused appears may, if it considers it to be in the best interests of the accused and not contrary to the public interest, instead of convicting the accused, by order direct that the accused be discharged absolutely or on the conditions prescribed in a probation order made under subsection 731(2).

Marginal note:1995, c. 22, s. 6
  •  (1) The definition “optional conditions” in subsection 732.1(1) of the Act is replaced by the following:

    “optional conditions”

    « conditions facultatives »

    “optional conditions” means the conditions referred to in subsection (3) or (3.1).

  • (2) Section 732.1 of the Act is amended by adding the following after subsection (3):

    • Marginal note:Optional conditions — organization

      (3.1) The court may prescribe, as additional conditions of a probation order made in respect of an organization, that the offender do one or more of the following:

      • (a) make restitution to a person for any loss or damage that they suffered as a result of the offence;

      • (b) establish policies, standards and procedures to reduce the likelihood of the organization committing a subsequent offence;

      • (c) communicate those policies, standards and procedures to its representatives;

      • (d) report to the court on the implementation of those policies, standards and procedures;

      • (e) identify the senior officer who is responsible for compliance with those policies, standards and procedures;

      • (f) provide, in the manner specified by the court, the following information to the public, namely,

        • (i) the offence of which the organization was convicted,

        • (ii) the sentence imposed by the court, and

        • (iii) any measures that the organization is taking — including any policies, standards and procedures established under paragraph (b) — to reduce the likelihood of it committing a subsequent offence; and

      • (g) comply with any other reasonable conditions that the court considers desirable to prevent the organization from committing subsequent offences or to remedy the harm caused by the offence.

    • Marginal note:Consideration — organizations

      (3.2) Before making an order under paragraph (3.1)(b), a court shall consider whether it would be more appropriate for another regulatory body to supervise the development or implementation of the policies, standards and procedures referred to in that paragraph.

Marginal note:1999, c. 5, s. 33(1)

 The portion of subsection 734(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Power of court to impose fine
  • 734. (1) Subject to subsection (2), a court that convicts a person, other than an organization, of an offence may fine the offender by making an order under section 734.1

Marginal note:1995, c. 22, s. 6
  •  (1) The portion of subsection 735(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Fines on organizations
    • 735. (1) An organization that is convicted of an offence is liable, in lieu of any imprisonment that is prescribed as punishment for that offence, to be fined in an amount, except where otherwise provided by law,

  • Marginal note:1995, c. 22, s. 6

    (2) Paragraph 735(1)(b) of the Act is replaced by the following:

    • (b) not exceeding one hundred thousand dollars, where the offence is a summary conviction offence.

  • Marginal note:1999, c. 5, s. 37

    (3) Subsection 735(2) of the Act is replaced by the following:

    • Marginal note:Effect of filing order

      (2) Section 734.6 applies, with any modifications that are required, when an organization fails to pay the fine in accordance with the terms of the order.

 Subsection 800(3) of the Act is replaced by the following:

  • Marginal note:Appearance by organization

    (3) Where the defendant is an organization, it shall appear by counsel or agent and, if it does not appear, the summary conviction court may, on proof of service of the summons, proceed ex parte to hold the trial.

COORDINATING AMENDMENT

Marginal note:2002, c. 13

 On the later of the coming into force of section 9 of this Act and section 34 of the Criminal Law Amendment Act, 2001, section 556 of the Criminal Code is replaced by the following:

Marginal note:Organization
  • 556. (1) An accused organization shall appear by counsel or agent.

  • Marginal note:Non-appearance

    (2) Where an accused organization does not appear pursuant to a summons and service of the summons on the organization is proved, the provincial court judge or, in Nunavut, the judge of the Nunavut Court of Justice

    • (a) may, if the charge is one over which the judge has absolute jurisdiction, proceed with the trial of the charge in the absence of the accused organization; and

    • (b) shall, if the charge is not one over which the judge has absolute jurisdiction, fix the date for the trial or the date on which the accused organization must appear in the trial court to have that date fixed.

  • Marginal note:Preliminary inquiry not requested

    (3) If an accused organization appears and a preliminary inquiry is not requested under subsection 536(4), the provincial court judge shall fix the date for the trial or the date on which the organization must appear in the trial court to have that date fixed.

  • Marginal note:Preliminary inquiry not requested — Nunavut

    (4) If an accused organization appears and a preliminary inquiry is not requested under subsection 536.1(3), the justice of the peace or the judge of the Nunavut Court of Justice shall fix the date for the trial or the date on which the organization must appear in the trial court to have that date fixed.

 
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