An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts (S.C. 2018, c. 21)
Full Document:
- HTMLFull Document: An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts (Accessibility Buttons available) |
- PDFFull Document: An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts [675 KB]
Assented to 2018-06-21
PART 2Offences Relating to Conveyances — Alcohol and Drugs (continued)
R.S., c. C-46Amendments to the Criminal Code (continued)
Marginal note:R.S., c. 1 (4th Supp.), s. 15(2)
16 Subsection 335(2) of the Act is replaced by the following:
Marginal note:Definition of vessel
(2) For the purposes of subsection (1), vessel has the same meaning as in section 320.11.
Marginal note:1992, c. 1, s. 58(1) (Sch. 1, s. 7)
17 Subsection 461(3) of the Act is replaced by the following:
Marginal note:Notice of intention to produce certificate
(3) No certificate shall be received in evidence unless the party intending to produce it has, before the trial, given to the other party reasonable notice of their intention and a copy of the certificate.
Marginal note:Attendance and cross-examination
(4) A party against whom the certificate is produced may, with leave of the court, require the attendance of the person who signed the certificate for the purposes of cross-examination.
Marginal note:2005, c. 25, s. 1(7)
18 (1) Subparagraph (c)(iv) of the definition secondary designated offence in section 487.04 of the Act is repealed.
(2) Paragraph (c) of the definition secondary designated offence in section 487.04 of the Act is amended by adding the following after subparagraph (viii.1):
(viii.2) subsection 320.16(1) (failure to stop after accident),
(3) The definition secondary designated offence in section 487.04 of the Act is amended by striking out “and” at the end of paragraph (d) and by adding the following after that paragraph:
(d.1) an offence under section 252, as it read from time to time before the day on which section 14 of An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts comes into force;
(d.2) an offence under any of sections 249, 249.1, 249.2, 249.3, 249.4, 253, 254 and 255, as they read from time to time before the day on which section 14 of An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts comes into force, that may be prosecuted by indictment or, for section 487.051 to apply, is prosecuted by indictment; and
Marginal note:2007, c. 22, s. 8(5)
(4) Subparagraph (e)(ii) of the definition secondary designated offence in section 487.04 of the Act is replaced by the following:
(ii) an offence referred to in any of paragraphs (c) to (d.2); (infraction secondaire)
Marginal note:1992, c. 1, s. 58(1) (Sch. I, s. 9(1))
19 (1) Subsection 487.1(1) of the Act is replaced by the following:
Marginal note:Telewarrants
487.1 (1) If a peace officer believes that an indictable offence has been committed and that it would be impracticable to appear personally before a justice to make an application for a warrant in accordance with section 487, the peace officer may submit an information on oath by telephone or other means of telecommunication to a justice designated for the purpose by the chief judge of the provincial court having jurisdiction in the matter.
Marginal note:R.S., c. 27 (1st Supp.), s. 69; 1992, c. 1, s. 58(1) (Sch. I, s. 9(2)), s. 59 (Sch. I, s. 18) (E); 1994, c. 44, s. 37(4)
(2) Subsection 487.1(5) of the Act is replaced by the following:
Marginal note:Issuing warrant
(5) A justice referred to in subsection (1) may issue a warrant to a peace officer conferring the same authority respecting search and seizure as may be conferred by a warrant issued under subsection 487(1) if the justice is satisfied that an information submitted by telephone or other means of telecommunication
(a) is in respect of an indictable offence and conforms to the requirements of subsection (4);
(b) discloses reasonable grounds for dispensing with an information presented personally and in writing; and
(c) discloses reasonable grounds in accordance with paragraph 487(1)(a), (b) or (c), as the case may be, for the issuance of a warrant in respect of an indictable offence.
The justice may require that the warrant be executed within the period that he or she may order.
Marginal note:1992, c. 1, s. 58(1) (Sch. I, s. 9(3))
(3) Subsections 487.1(7) and (8) of the Act are replaced by the following:
Marginal note:Providing facsimile
(7) A peace officer who executes a warrant issued by telephone or other means of telecommunication shall, before or as soon as practicable after entering the place or premises to be searched, give a facsimile of the warrant to any person who is present and ostensibly in control of the place or premises.
Marginal note:Affixing facsimile
(8) A peace officer who, in any unoccupied place or premises, executes a warrant issued by telephone or other means of telecommunication shall, on entering or as soon as practicable after entering the place or premises, cause a facsimile of the warrant to be suitably affixed in a prominent place within the place or premises.
Marginal note:2000, c. 2, s. 3
20 Subsection 662(5) of the Act is replaced by the following:
Marginal note:Conviction for dangerous operation when another offence charged
(5) For greater certainty, when a count charges an offence under section 220, 221 or 236 arising out of the operation of a conveyance, and the evidence does not prove that offence but proves an offence under section 320.13, the accused may be convicted of an offence under that section.
Marginal note:2013, c. 11, s. 2
21 Paragraph (b) of the definition sentence in section 673 of the Act is replaced by the following:
(b) an order made under subsection 109(1) or 110(1), section 161, subsection 164.2(1) or 194(1), section 320.24 or 462.37, subsection 491.1(2), 730(1) or 737(3) or section 738, 739, 742.1, 742.3, 743.6, 745.4 or 745.5,
Marginal note:1994, c. 44, s. 68
22 The portion of subsection 680(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Review by court of appeal
680 (1) A decision made by a judge under section 522 or subsection 524(4) or (5) or a decision made by a judge of the court of appeal under section 320.25 or 679 may, on the direction of the chief justice or acting chief justice of the court of appeal, be reviewed by that court and that court may, if it does not confirm the decision,
Marginal note:2011, c. 7, s. 2
23 Subsection 729.1(2) of the Act is replaced by the following:
Marginal note:Definition of analyst
(2) In this section, analyst has the same meaning as in section 320.11.
Marginal note:1999, c. 32, s. 6
24 Paragraph 732.1(3)(g.2) of the French version of the Act is replaced by the following:
g.2) si le lieutenant-gouverneur en conseil de la province où est rendue l’ordonnance de probation a institué un programme visant l’utilisation par le délinquant d’un antidémarreur éthylométrique et s’il accepte de participer au programme, de se conformer aux modalités de celui-ci;
25 Paragraph (b) of the definition designated offence in section 752 of the Act is amended by adding the following after subparagraph (xxiii.3):
- Date modified: