R.S., c. C-46Criminal Code

1 Section 49 of the Criminal Code is repealed.

2 Section 55 of the Act is replaced by the following:

3 Subsection 57(3) of the Act is replaced by the following:

4 Section 71 of the Act is repealed.

Marginal note:1997, c. 23, s. 2; 2001, c. 32, s. 3(F)

5 Section 82 of the Act is replaced by the following:

Marginal note:1995, c. 39, s. 139

6 The portion of subsection 108(1) of the Act before paragraph (a) is replaced by the following:

• 7 (1) The portion of section 125 of the English version of the Act before paragraph (a) is replaced by the following:

  Marginal note:Influencing or negotiating appointments or dealing in offices

  125 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years who

• (2) The portion of paragraph 125(c) of the Act before subparagraph (i) is replaced by the following:

  • (c) keeps without lawful authority a place for transacting or negotiating any business relating to

• (3) The portion of section 125 of the English version of the Act after paragraph (c) is repealed.

8 Section 143 of the Act is repealed.

Marginal note:R.S., c. 27 (1st Supp.), s. 20(1)

• 9 (1) The portion of subsection 145(1) of the English version of the Act before paragraph (a) is replaced by the following:

  Marginal note:Escape and being at large without excuse

  • 145 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who

• Marginal note:R.S., c. 27 (1st Supp.), s. 20(1)

  (2) Paragraph 145(1)(b) of the Act is replaced by the following:

  • (b) is, before the expiration of a term of imprisonment to which they were sentenced, at large in or out of Canada without lawful excuse.

• Marginal note:R.S., c. 27 (1st Supp.), s. 20(1)

  (3) The portion of subsection 145(1) of the English version of the Act after paragraph (b) is repealed.

• Marginal note:R.S., c. 27 (1st Supp.), s. 20(1)

  (4) The portion of subsection 145(2) of the English version of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Failure to attend court

    (2) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who,

• Marginal note:R.S., c. 27 (1st Supp.), s. 20(1)

  (5) Paragraphs 145(2)(a) and (b) of the Act are replaced by the following:

  • (a) being at large on their undertaking or recognizance given to or entered into before a justice or judge, fails, without lawful excuse, to attend court in accordance with the undertaking or recognizance; or

  • (b) having appeared before a court, justice or judge, fails, without lawful excuse, to attend court as subsequently required by the court, justice or judge or to surrender themselves in accordance with an order of the court, justice or judge, as the case may be.

• Marginal note:R.S., c. 27 (1st Supp.), s. 20(1)

  (6) The portion of subsection 145(2) of the Act after paragraph (b) is repealed.

• Marginal note:2008, c. 18, s. 3

  (7) The portion of subsection 145(3) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Failure to comply with condition of undertaking or recognizance

    (3) Every person who is at large on an undertaking or recognizance given to or entered into before a justice or judge and is bound to comply with a condition of that undertaking or recognizance, and every person who is bound to comply with a direction under subsection 515(12) or 522(2.1) or an order under subsection 516(2), and who fails, without lawful excuse, to comply with the condition, direction or order is guilty of

• (8) The portion of subsection 145(4) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Failure to appear or to comply with summons

    (4) Every person who is served with a summons and who fails, without lawful excuse, to appear at the time and place stated in it for the purposes of the Identification of Criminals Act or to attend court in accordance with it, is guilty of

• (9) The portion of subsection 145(4) of the French version of the Act after paragraph (b) is repealed.

• Marginal note:1997, c. 18, s. 3(1)(E)

  (10) The portion of subsection 145(5) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Failure to comply with appearance notice or promise to appear

    (5) Every person who is named in an appearance notice or promise to appear, or in a recognizance entered into before an officer in charge or another peace officer, that has been confirmed by a justice under section 508 and who fails, without lawful excuse, to appear at the time and place stated in it for the purposes of the Identification of Criminals Act, or to attend court in accordance with it, is guilty of

• Marginal note:1997, c. 18, s. 3(1)(F)

  (11) The portion of subsection 145(5) of the French version of the Act after paragraph (b) is repealed.

• Marginal note:1997, c. 18, s. 3(2)

  (12) The portion of subsection 145(5.1) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Failure to comply with conditions of undertaking

    (5.1) Every person who, without lawful excuse, fails to comply with any condition of an undertaking entered into under subsection 499(2) or 503(2.1)

Marginal note:1998, c. 9, s. 2

• 10 (1) Section 153.1 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Consent

    (2.1) Consent must be present at the time the sexual activity in question takes place.

  • Marginal note:Question of law

    (2.2) The question of whether no consent is obtained under subsection (3) or (4) or 265(3) is a question of law.

• (2) The portion of subsection 153.1(3) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:When no consent obtained

    (3) For the purposes of this section, no consent is obtained if

• Marginal note:1998, c. 9, s. 2

  (2.1) Paragraph 153.1(3)(b) of the Act is replaced by the following:

  • (a.1) the complainant is unconscious;

  • (b) the complainant is incapable of consenting to the activity for any reason other than the one referred to in paragraph (a.1);

• Marginal note:1998, c. 9, s. 2

  (3) Subsection 153.1(4) of the French version of the Act is replaced by the following:

  • Marginal note:Précision

    (4) Le paragraphe (3) n’a pas pour effet de limiter les circonstances dans lesquelles il n’y a pas de consentement de la part du plaignant.

• Marginal note:1998, c. 9, s. 2

  (4) Paragraph 153.1(5)(a) of the English version of the Act is replaced by the following:

  • (a) the accused’s belief arose from

    • (i) the accused’s self-induced intoxication,

    • (ii) the accused’s recklessness or wilful blindness, or

• (5) Paragraph 153.1(5)(a) of the Act is amended by adding the following after subparagraph (ii):

  • (iii) any circumstance referred to in subsection (3) or (4) or 265(3) in which no consent is obtained;

• (6) Subsection 153.1(5) of the Act is amended by adding “or” at the end of paragraph (b) and by adding the following after that paragraph:

  • (c) there is no evidence that the complainant’s voluntary agreement to the activity was affirmatively expressed by words or actively expressed by conduct.