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An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts (S.C. 2019, c. 25)

Assented to 2019-06-21

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

Amendments to the Act (continued)

  •  (1) The portion of section 146 of the Act before paragraph (a) is replaced by the following:

    Marginal note:Permitting or assisting escape

    146 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

  • (2) The portion of section 146 of the English version of the Act after paragraph (c) is repealed.

  •  (1) The portion of section 147 of the Act before paragraph (a) is replaced by the following:

    Marginal note:Rescue or permitting escape

    147 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who

  • (2) The portion of section 147 of the English version of the Act after paragraph (c) is repealed.

  •  (1) The portion of section 148 of the Act before paragraph (a) is replaced by the following:

    Marginal note:Assisting prisoner of war to escape

    148 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who knowingly

  • (2) The portion of section 148 of the English version of the Act after paragraph (b) is repealed.

Marginal note:R.S., c. 19 (3rd Supp.), s. 1; 2014, c. 25, s. 4

 Subsection 150.1(5) of the Act is replaced by the following:

  • Marginal note:Idem

    (5) It is not a defence to a charge under section 153, 170, 171 or 172 or subsection 286.1(2), 286.2(2) or 286.3(2) that the accused believed that the complainant was 18 years of age or more at the time the offence is alleged to have been committed unless the accused took all reasonable steps to ascertain the age of the complainant.

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

  •  (1) Subsection 153.1(1) of the French version of the Act is replaced by the following:

    Marginal note:Personnes en situation d’autorité

    • 153.1 (1) Toute personne qui est en situation d’autorité ou de confiance vis-à-vis d’une personne ayant une déficience mentale ou physique ou à l’égard de laquelle celle-ci est en situation de dépendance et qui, à des fins d’ordre sexuel, engage ou incite la personne handicapée à la toucher, à se toucher ou à toucher un tiers, sans son consentement, directement ou indirectement, avec une partie du corps ou avec un objet est coupable :

      • a) soit d’un acte criminel passible d’un emprisonnement maximal de cinq ans;

      • b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

  • Marginal note:1998, c. 9, s. 2

    (2) Paragraph 153.1(1)(b) of the English version of the Act is replaced by the following:

    • (b) an offence punishable on summary conviction.

 The Act is amended by adding the following after section 155:

Marginal note:Historical offences

156 No person shall be convicted of any sexual offence under this Act as it read from time to time before January 4, 1983 unless the conduct alleged would be an offence under this Act if it occurred on the day on which the charge was laid.

Marginal note:R.S., c. 19 (3rd Supp.), s. 3

 Section 159 of the Act is repealed.

Marginal note:2005, c. 32, s. 5(2); 2012, c. 1, s. 16(2); 2014, c. 25, par. 5(1)(a) and (b)

  •  (1) Paragraph 161(1.1)(a) of the Act is replaced by the following:

    • (a) an offence under section 151, 152 or 155, subsection 160(2) or (3), section 163.1, 170, 171, 171.1, 172.1 or 172.2, subsection 173(2), section 271, 272, 273 or 279.011, subsection 279.02(2) or 279.03(2), section 280 or 281 or subsection 286.1(2), 286.2(2) or 286.3(2);

  • Marginal note:2015, c. 23, s. 6

    (2) Paragraph 161(4)(b) of the Act is replaced by the following:

    • (b) an offence punishable on summary conviction.

Marginal note:2015, c. 23, s. 33

 Paragraph 162.2(4)(b) of the Act is replaced by the following:

  • (b) an offence punishable on summary conviction.

 Subsection 172(1) of the Act is replaced by the following:

Marginal note:Corrupting children

  • 172 (1) Every person who, in the home of a child, participates in adultery or sexual immorality or indulges in habitual drunkenness or any other form of vice, and by doing so endangers the morals of the child or renders the home an unfit place for the child to be in, is guilty of

    • (a) an indictable offence and liable to imprisonment for a term of not more than two years; or

    • (b) an offence punishable on summary conviction.

Marginal note:2012, c. 1, s. 23

 Paragraph 173(1)(b) of the Act is replaced by the following:

  • (b) is guilty of an offence punishable on summary conviction.

  •  (1) The portion of subsection 176(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Obstructing or violence to or arrest of officiating clergyman

    • 176 (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

  • (2) The portion of subsection 176(1) of the English version of the Act after paragraph (b) is repealed.

Marginal note:R.S., c. 19 (3rd Supp.), s. 8

 Section 179 of the Act is repealed.

  •  (1) The portion of subsection 180(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Common nuisance

    • 180 (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 commits a common nuisance and by doing so

  • (2) The portion of subsection 180(1) of the English version of the Act after paragraph (b) is repealed.

 Section 181 of the Act is repealed.

  •  (1) The portion of section 182 of the Act before paragraph (a) is replaced by the following:

    Marginal note:Dead body

    182 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who

  • (2) The portion of section 182 of the English version of the Act after paragraph (b) is repealed.

 Subparagraph (a)(xxxiv) of the definition offence in section 183 of the Act is repealed.

 Subsection 184(1) of the Act is replaced by the following:

Marginal note:Interception

  • 184 (1) Every person who, by means of any electro-magnetic, acoustic, mechanical or other device, knowingly intercepts a private communication is guilty of

    • (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

    • (b) an offence punishable on summary conviction.

 

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