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An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act (S.C. 2018, c. 29)

Assented to 2018-12-13

R.S., c. C-46Criminal Code (continued)

  • 49 (1) The portion of section 419 of the Act before paragraph (a) is replaced by the following:

    Marginal note:Unlawful use of military uniforms or certificates

    419 Every person is guilty of an offence punishable on summary conviction who, without lawful authority,

  • (2) The portion of section 419 of the Act after paragraph (d) is repealed.

50 Section 427 of the Act and the heading before it are repealed.

51 Subsection 429(2) of the Act is replaced by the following:

  • Marginal note:Colour of right

    (2) A person shall not be convicted of an offence under sections 430 to 446 if they act with legal justification or excuse or colour of right.

Marginal note:2008, c. 12, s. 1

52 Section 444 of the Act and the heading before it are replaced by the following:

Animals

Marginal note:2008, c. 12, s. 1

53 Paragraphs 445(1)(a) and (b) of the Act are replaced by the following:

  • (a) kills, maims, wounds, poisons or injures dogs, birds or animals that are kept for a lawful purpose; or

  • (b) places poison in such a position that it may easily be consumed by dogs, birds or animals that are kept for a lawful purpose.

Marginal note:2008, c. 12, s. 1

54 The portion of subsection 447.1(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Order of prohibition or restitution

  • 447.1 (1) The court may, in addition to any other sentence that it may impose under subsection 445(2), 445.1(2), 446(2) or 447(2),

55 Section 450 of the Act is replaced by the following:

Marginal note:Possession, etc., of counterfeit money

450 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years who, without lawful justification or excuse,

  • (a) buys, receives or offers to buy or receive counterfeit money;

  • (b) has in their custody or possession counterfeit money; or

  • (c) introduces counterfeit money into Canada.

  • 56 (1) The portion of section 451 of the Act before paragraph (a) is replaced by the following:

    Marginal note:Having clippings, etc.

    451 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years who, without lawful justification or excuse, has in their custody or possession, knowing that it has been produced or obtained by impairing, diminishing or lightening a current gold or silver coin,

  • (2) The portion of section 451 of the Act after paragraph (c) is repealed.

  • 57 (1) The portion of section 452 of the Act before paragraph (a) is replaced by the following:

    Marginal note:Uttering, etc., counterfeit money

    452 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years who, without lawful justification or excuse,

  • (2) The portion of section 452 of the English version of the Act after paragraph (b) is repealed.

58 Section 454 of the Act is replaced by the following:

Marginal note:Slugs and tokens

454 Every person is guilty of an offence punishable on summary conviction who, without lawful excuse, manufactures, produces, sells or has in their possession anything that is intended to be fraudulently used in substitution for a coin or token of value that any coin or token-operated device is designed to receive.

59 Section 458 of the Act is replaced by the following:

Marginal note:Making, having or dealing in instruments for counterfeiting

458 Every person who, without lawful justification or excuse, makes, repairs, buys, sells or has in their custody or possession any machine, engine, tool, instrument, material or other thing that they know has been used or is adapted and intended for use in making counterfeit money or counterfeit tokens of value, is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.

  • 60 (1) The portion of section 459 of the Act before paragraph (a) is replaced by the following:

    Marginal note:Conveying instruments for coining out of mint

    459 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years who, without lawful justification or excuse, knowingly conveys out of any of Her Majesty’s mints in Canada,

  • (2) The portion of section 459 of the English version of the Act after paragraph (c) is repealed.

Marginal note:R.S., c. 27 (1st Supp.), s. 62(1)

61 Subparagraph 469(a)(ii) of the Act is repealed.

62 Subsection 517(2) of the Act is replaced by the following:

  • Marginal note:Failure to comply

    (2) Every person who fails, without lawful excuse, to comply with an order made under subsection (1) is guilty of an offence punishable on summary conviction.

63 Subsection 581(4) of the Act is replaced by the following:

  • Marginal note:Indictment for treason

    (4) If an accused is charged with an offence under section 47 or sections 50 to 53, every overt act that is to be relied on shall be stated in the indictment.

64 Subsection 584(1) of the Act is replaced by the following:

Marginal note:Sufficiency of count charging libel

  • 584 (1) No count for publishing a seditious or defamatory libel, or for selling or exhibiting an obscene book, pamphlet, newspaper or other written matter, is insufficient by reason only that it does not set out the words that are alleged to be libellous or the writing that is alleged to be obscene.

65 Subsection 601(9) of the Act is replaced by the following:

  • Marginal note:Limitation

    (9) The authority of a court to amend indictments does not authorize the court to add to the overt acts stated in an indictment for high treason or treason or for an offence against any provision in sections 50, 51 and 53.

Marginal note:2009, c. 29, s. 3

66 Subsection 719(3.1) of the Act is replaced by the following:

  • Marginal note:Exception

    (3.1) Despite subsection (3), if the circumstances justify it, the maximum is one and one-half days for each day spent in custody.

Marginal note:2008, c. 18, s. 42

67 The portion of subsection 743.21(2) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Failure to comply with order

    (2) Every person who fails, without lawful excuse, to comply with the order

68 Subsection 794(2) of the Act is repealed.

  • 69 (1) The portion of subsection 145(4) before paragraph (a) set out in Form 6 of Part XXVIII of the Act is replaced by the following:

    • (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

  • (2) The portion of subsection 145(4) after paragraph (b) set out in Form 6 of Part XXVIII of the French version of the Act is repealed.

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