An Act to amend certain Acts of Canada, and to enact measures for implementing the Biological and Toxin Weapons Convention, in order to enhance public safety (S.C. 2004, c. 15)
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Assented to 2004-05-06
PART 24CONSEQUENTIAL, COORDINATING AND COMMENCEMENT PROVISIONS
R.S., c. A-1Consequential Amendments
Access to Information Act
107. Schedule II to the Access to Information Act is amended by replacing the reference to “subsections 4.8(1) and 6.5(5)” opposite the reference to the Aeronautics Act with a reference to “subsections 4.79(1) and 6.5(5)”.
R.S., c. C-46Criminal Code
108. The definition “offence” in section 183 of the Criminal Code is replaced by the following:
“offence”
« infraction »
“offence” means an offence contrary to, any conspiracy or attempt to commit or being an accessory after the fact in relation to an offence contrary to, or any counselling in relation to an offence contrary to
(a) any of the following provisions of this Act, namely,
(i) section 47 (high treason),
(ii) section 51 (intimidating Parliament or a legislature),
(iii) section 52 (sabotage),
(iv) section 57 (forgery, etc.),
(v) section 61 (sedition),
(vi) section 76 (hijacking),
(vii) section 77 (endangering safety of aircraft or airport),
(viii) section 78 (offensive weapons, etc., on aircraft),
(ix) section 78.1 (offences against maritime navigation or fixed platforms),
(x) section 80 (breach of duty),
(xi) section 81 (using explosives),
(xii) section 82 (possessing explosives),
(xii.1) section 83.02 (providing or collecting property for certain activities),
(xii.2) section 83.03 (providing, making available, etc., property or services for terrorist purposes),
(xii.3) section 83.04 (using or possessing property for terrorist purposes),
(xii.4) section 83.18 (participation in activity of terrorist group),
(xii.5) section 83.19 (facilitating terrorist activity),
(xii.6) section 83.2 (commission of offence for terrorist group),
(xii.7) section 83.21 (instructing to carry out activity for terrorist group),
(xii.8) section 83.22 (instructing to carry out terrorist activity),
(xii.9) section 83.23 (harbouring or concealing),
(xii.91) section 83.231 (hoax — terrorist activity),
(xiii) section 96 (possession of weapon obtained by commission of offence),
(xiv) section 99 (weapons trafficking),
(xv) section 100 (possession for purpose of weapons trafficking),
(xvi) section 102 (making automatic firearm),
(xvii) section 103 (importing or exporting knowing it is unauthorized),
(xviii) section 104 (unauthorized importing or exporting),
(xix) section 119 (bribery, etc.),
(xx) section 120 (bribery, etc.),
(xxi) section 121 (fraud on government),
(xxii) section 122 (breach of trust),
(xxiii) section 123 (municipal corruption),
(xxiv) section 132 (perjury),
(xxv) section 139 (obstructing justice),
(xxvi) section 144 (prison breach),
(xxvii) subsection 145(1) (escape, etc.),
(xxviii) paragraph 163(1)(a) (obscene materials),
(xxix) section 163.1 (child pornography),
(xxx) section 184 (unlawful interception),
(xxxi) section 191 (possession of intercepting device),
(xxxii) subsection 201(1) (keeping gaming or betting house),
(xxxiii) paragraph 202(1)(e) (pool-selling, etc.),
(xxxiv) subsection 210(1) (keeping common bawdy house),
(xxxv) subsection 212(1) (procuring),
(xxxvi) subsection 212(2) (procuring),
(xxxvii) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of a person under the age of eighteen years),
(xxxviii) subsection 212(4) (offence — prostitution of person under eighteen),
(xxxix) section 235 (murder),
(xl) section 264.1 (uttering threats),
(xli) section 267 (assault with a weapon or causing bodily harm),
(xlii) section 268 (aggravated assault),
(xliii) section 269 (unlawfully causing bodily harm),
(xliv) section 271 (sexual assault),
(xlv) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm),
(xlvi) section 273 (aggravated sexual assault),
(xlvii) section 279 (kidnapping),
(xlviii) section 279.1 (hostage taking),
(xlix) section 280 (abduction of person under sixteen),
(l) section 281 (abduction of person under fourteen),
(li) section 282 (abduction in contravention of custody order),
(lii) section 283 (abduction),
(liii) section 318 (advocating genocide),
(liv) section 327 (possession of device to obtain telecommunication facility or service),
(lv) section 334 (theft),
(lvi) section 342 (theft, forgery, etc., of credit card),
(lvii) section 342.1 (unauthorized use of computer),
(lviii) section 342.2 (possession of device to obtain computer service),
(lix) section 344 (robbery),
(lx) section 346 (extortion),
(lxi) section 347 (criminal interest rate),
(lxii) section 348 (breaking and entering),
(lxiii) section 354 (possession of property obtained by crime),
(lxiv) section 356 (theft from mail),
(lxv) section 367 (forgery),
(lxvi) section 368 (uttering forged document),
(lxvii) section 372 (false messages),
(lxviii) section 380 (fraud),
(lxix) section 381 (using mails to defraud),
(lxx) section 382 (fraudulent manipulation of stock exchange transactions),
(lxxi) section 423.1 (intimidation of justice system participant or journalist),
(lxxii) section 424 (threat to commit offences against internationally protected person),
(lxxii.1) section 424.1 (threat against United Nations or associated personnel),
(lxxiii) section 426 (secret commissions),
(lxxiv) section 430 (mischief),
(lxxv) section 431 (attack on premises, residence or transport of internationally protected person),
(lxxv.1) section 431.1 (attack on premises, accommodation or transport of United Nations or associated personnel),
(lxxv.2) subsection 431.2(2) (explosive or other lethal device),
(lxxvi) section 433 (arson),
(lxxvii) section 434 (arson),
(lxxviii) section 434.1 (arson),
(lxxix) section 435 (arson for fraudulent purpose),
(lxxx) section 449 (making counterfeit money),
(lxxxi) section 450 (possession, etc., of counterfeit money),
(lxxxii) section 452 (uttering, etc., counterfeit money),
(lxxxiii) section 462.31 (laundering proceeds of crime),
(lxxxiv) subsection 462.33(11) (acting in contravention of restraint order),
(lxxxv) section 467.11 (participation in criminal organization),
(lxxxvi) section 467.12 (commission of offence for criminal organization), or
(lxxxvii) section 467.13 (instructing commission of offence for criminal organization),
(b) section 198 (fraudulent bankruptcy) of the Bankruptcy and Insolvency Act,
(b.1) any of the following provisions of the Biological and Toxin Weapons Convention Implementation Act, namely,
(i) section 6 (production, etc., of biological agents and means of delivery), or
(ii) section 7 (unauthorized production, etc., of biological agents),
(c) any of the following provisions of the Competition Act, namely,
(i) section 45 (conspiracy) in relation to any of the matters referred to in paragraphs 45(4)(a) to (d) of that Act,
(ii) section 47 (bid-rigging), or
(iii) subsection 52.1(3) (deceptive telemarketing),
(d) any of the following provisions of the Controlled Drugs and Substances Act, namely,
(i) section 5 (trafficking),
(ii) section 6 (importing and exporting), or
(iii) section 7 (production),
(e) section 3 (bribing a foreign public official) of the Corruption of Foreign Public Officials Act,
(e.1) the Crimes Against Humanity and War Crimes Act,
(f) either of the following provisions of the Customs Act, namely,
(i) section 153 (false statements), or
(ii) section 159 (smuggling),
(g) any of the following provisions of the Excise Act, 2001, namely,
(i) section 214 (unlawful production, sale, etc., of tobacco or alcohol),
(ii) section 216 (unlawful possession of tobacco product),
(iii) section 218 (unlawful possession, sale, etc., of alcohol),
(iv) section 219 (falsifying or destroying records),
(v) section 230 (possession of property obtained by excise offences), or
(vi) section 231 (laundering proceeds of excise offences),
(h) any of the following provisions of the Export and Import Permits Act, namely,
(i) section 13 (export or attempt to export),
(ii) section 14 (import or attempt to import),
(iii) section 15 (diversion, etc.),
(iv) section 16 (no transfer of permits),
(v) section 17 (false information), or
(vi) section 18 (aiding and abetting),
(i) any of the following provisions of the Immigration and Refugee Protection Act, namely,
(i) section 117 (organizing entry into Canada),
(ii) section 118 (trafficking in persons),
(iii) section 119 (disembarking persons at sea),
(iv) section 122 (offences related to documents),
(v) section 126 (counselling misrepresentation), or
(vi) section 129 (offences relating to officers), or
(j) any offence under the Security of Information Act,
and includes any other offence that there are reasonable grounds to believe is a criminal organization offence or any other offence that there are reasonable grounds to believe is an offence described in paragraph (b) or (c) of the definition “terrorism offence” in section 2;
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