1997, c. 36Customs Tariff

31. The Description of Goods of tariff item No. 9899.00.00 in the List of Tariff Provisions set out in the schedule to the Customs Tariff is amended by adding a reference to “Writings, signs, visible representations or audio recordings that constitute terrorist propaganda within the meaning of subsection 83.222(8) of the Criminal Code;” as a separate provision before the provision “Posters and handbills depicting scenes of crime or violence; or”.

2002, c. 1Youth Criminal Justice Act

32. Subsection 14(2) of the Youth Criminal Justice Act is replaced by the following:

33. Paragraph 142(1)(a) of the Act is replaced by the following:

Coordinating Amendments

Marginal note:2011, c. 7

• 34. (1) In this section, “other Act” means the Response to the Supreme Court of Canada Decision in R. v. Shoker Act.

• (2) On the first day on which both subsection 25(2) of this Act and section 11 of the other Act are in force,

  • (a) the portion of subsection 810.3(1) of the Criminal Code before paragraph (a) is replaced by the following:

    Marginal note:Samples — designations and specifications

    • 810.3 (1) For the purposes of sections 810, 810.01, 810.011, 810.1 and 810.2 and subject to the regulations, the Attorney General of a province or the minister of justice of a territory shall, with respect to the province or territory,

  • (b) paragraphs 810.3(2)(a) and (b) of the Criminal Code are replaced by the following:

    • (a) to make a demand for a sample of a bodily substance for the purposes of paragraphs 810(3.02)(b), 810.01(4.1)(f), 810.011(6)(e), 810.1(3.02)(h) and 810.2(4.1)(f); and

    • (b) to specify the regular intervals at which a defendant must provide a sample of a bodily substance for the purposes of paragraphs 810(3.02)(c), 810.01(4.1)(g), 810.011(6)(f), 810.1(3.02)(i) and 810.2(4.1)(g).

  • (c) subsections 810.3(3) and (4) of the Criminal Code are replaced by the following:

    • Marginal note:Restriction

      (3) Samples of bodily substances referred to in sections 810, 810.01, 810.011, 810.1 and 810.2 may not be taken, analyzed, stored, handled or destroyed, and the records of the results of the analysis of the samples may not be protected or destroyed, except in accordance with the designations and specifications made under subsection (1).

    • Marginal note:Destruction of samples

      (4) The Attorney General of a province or the minister of justice of a territory, or a person authorized by the Attorney General or minister, shall cause all samples of bodily substances provided under a recognizance under section 810, 810.01, 810.011, 810.1 or 810.2 to be destroyed within the period prescribed by regulation unless the samples are reasonably expected to be used as evidence in a proceeding for an offence under section 811.

  • (d) paragraph 810.3(5)(a) of the Criminal Code is replaced by the following:

    • (a) prescribing bodily substances for the purposes of sections 810, 810.01, 810.011, 810.1 and 810.2;

  • (e) subsection 810.3(6) of the Criminal Code is replaced by the following:

    • Marginal note:Notice — samples at regular intervals

      (6) The notice referred to in paragraph 810(3.02)(c), 810.01(4.1)(g), 810.011(6)(f), 810.1(3.02)(i) or 810.2(4.1)(g) must specify the places and times at which and the days on which the defendant must provide samples of a bodily substance under a condition described in that paragraph. The first sample may not be taken earlier than 24 hours after the defendant is served with the notice, and subsequent samples must be taken at regular intervals of at least seven days.

  • (f) subsections 810.4(1) to (3) of the Criminal Code are replaced by the following:

    Marginal note:Prohibition on use of bodily substance

    • 810.4 (1) No person shall use a bodily substance provided under a recognizance under section 810, 810.01, 810.011, 810.1 or 810.2 except for the purpose of determining whether a defendant is complying with a condition in the recognizance that they abstain from the consumption of drugs, alcohol or any other intoxicating substance.

    • Marginal note:Prohibition on use or disclosure of result

      (2) Subject to subsection (3), no person shall use, disclose or allow the disclosure of the results of the analysis of a bodily substance provided under a recognizance under section 810, 810.01, 810.011, 810.1 or 810.2.

    • Marginal note:Exception

      (3) The results of the analysis of a bodily substance provided under a recognizance under section 810, 810.01, 810.011, 810.1 or 810.2 may be disclosed to the defendant to whom they relate, and may also be used or disclosed in the course of an investigation of, or in a proceeding for, an offence under section 811 or, if the results are made anonymous, for statistical or other research purposes.

• (3) On the first day on which both subsection 25(2) of this Act and section 12 of the other Act are in force, subsection 811.1(1) of the Criminal Code is replaced by the following:

  Marginal note:Proof of certificate of analyst — bodily substance

  • 811.1 (1) In a prosecution for breach of a condition in a recognizance under section 810, 810.01, 810.011, 810.1 or 810.2 that a defend- ant not consume drugs, alcohol or any other intoxicating substance, a certificate purporting to be signed by an analyst that states that the analyst has analyzed a sample of a bodily substance and that states the result of the analysis is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person who appears to have signed the certificate.

• (4) On the first day on which both subsection 25(2) of this Act and section 13 of the other Act are in force, the section references after the heading “FORM 51” in Form 51 in Part XXVIII of the Criminal Code are replaced by the following:

  (Paragraphs 732.1(3)(c.2), 742.3(2)(a.2), 810(3.02)(c), 810.01(4.1)(g), 810.011(6)(f), 810.1(3.02)(i) and 810.2(4.1)(g))

• (5) If section 26 of this Act comes into force before section 11 of the other Act, then the portion of that section 11 before the section 810.3 that it enacts is replaced by the following:

  11. The Act is amended by adding the following after section 810.22:

• (6) If section 26 of this Act comes into force on the same day as section 11 of the other Act, then that section 11 is deemed to have come into force before that section 26.

Marginal note:2014, c. 31

35. On the first day on which both section 16 of this Act and subsection 16(2) of the Protecting Canadians from Online Crime Act are in force,

• (a) the portion of subsection 83.223(1) of the Criminal Code before paragraph (a) is replaced by the following:

  Marginal note:Order to computer system’s custodian

  • 83.223 (1) If a judge is satisfied by information on oath that there are reasonable grounds to believe that there is material — that is terrorist propaganda or computer data that makes terrorist propaganda available — stored on and made available to the public through a computer system that is within the court’s jurisdiction, the judge may order the computer system’s custodian to

• (b) subsection 83.223(5) of the Criminal Code is replaced by the following:

  • Marginal note:Order of deletion

    (5) If the court is satisfied, on a balance of probabilities, that the material is available to the public and is terrorist propaganda or computer data that makes terrorist propaganda available, it may order the computer system’s custodian to delete the material.

• (c) subsection 83.223(7) of the Criminal Code is replaced by the following:

  • Marginal note:Return of material

    (7) If the court is not satisfied that the material is available to the public and is terrorist propaganda or computer data that makes terrorist propaganda available, the court shall order that the electronic copy be returned to the computer system’s custodian and terminate the order under paragraph (1)(b).

• (d) the definition “data” in subsection 83.223(11) of the Criminal Code is repealed;

• (e) subsection 83.223(11) of the Criminal Code is amended by adding the following in alphabetical order:

  “computer data”

  « données informatiques »

  “computer data” has the same meaning as in subsection 342.1(2).