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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)

Marginal note:1993, c. 40, s. 4

 Subsection 184.5(1) of the Act is replaced by the following:

Marginal note:Interception of radio-based telephone communications

  • 184.5 (1) Every person who intercepts, by means of any electro-magnetic, acoustic, mechanical or other device, maliciously or for gain, a radio-based telephone communication, if the originator of the communication or the person intended by the originator of the communication to receive it is in Canada, 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.

Marginal note:1993, c. 40, s. 9

 Section 188.1 of the Act is replaced by the following:

Marginal note:Execution in Canada

188.1 An authorization given under section 184.2, 184.3, 186 or 188 may be executed at any place in Canada. Any peace officer who executes the authorization must have authority to act as a peace officer in the place where it is executed.

 Subsection 191(1) of the Act is replaced by the following:

Marginal note:Possession, etc.

  • 191 (1) Every person who possesses, sells or purchases any electro-magnetic, acoustic, mechanical or other device or any component of it knowing that its design renders it primarily useful for surreptitious interception of private communications 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.

 Subsection 193(1) of the Act is replaced by the following:

Marginal note:Disclosure of information

  • 193 (1) If a private communication has been intercepted by means of an electro-magnetic, acoustic, mechanical or other device without the consent, express or implied, of the originator of that communication or of the person intended by the originator to receive it, every person commits an offence who, without the express consent of the originator of that communication or of the person intended to receive it, knowingly

    • (a) uses or discloses the private communication or any part of it or the substance, meaning or purpose of it or of any part of it, or

    • (b) discloses the existence of the private communication.

  • Marginal note:Punishment

    (1.1) Every person who commits an offence under subsection (1) 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:1993, c. 40, s. 12

 The portion of subsection 193.1(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Disclosure of information received from interception of radio-based telephone communications

  • 193.1 (1) Every person who knowingly uses or discloses a radio-based telephone communication or who knowingly discloses the existence of such a communication 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, if

  •  (1) The definition common bawdy-house in subsection 197(1) of the Act is repealed.

  • (2) The definition disorderly house in subsection 197(1) of the Act is replaced by the following:

    disorderly house

    disorderly house means a common betting house or a common gaming house; (maison de désordre)

  •  (1) Subsection 199(1) of the Act is replaced by the following:

    Marginal note:Warrant to search

    • 199 (1) A justice who is satisfied by information on oath that there are reasonable grounds to believe that an offence under section 201, 202, 203, 206 or 207 is being committed at any place within the jurisdiction of the justice may issue a warrant authorizing a peace officer to enter and search the place by day or night and seize anything found in that place that may be evidence that an offence under section 201, 202, 203, 206 or 207, as the case may be, is being committed at that place, and to take into custody all persons who are found in or at that place and requiring those persons and things to be brought before that justice or before another justice having jurisdiction, to be dealt with according to law.

  • (2) Subsection 199(6) of the Act is replaced by the following:

    • Marginal note:Telephones exempt from seizure

      (6) Nothing in this section or in section 489 authorizes the seizure, forfeiture or destruction of telephone, telegraph or other communication facilities or equipment that may be evidence of or that may have been used in the commission of an offence under section 201, 202, 203, 206 or 207 and that is owned by a person engaged in providing telephone, telegraph or other communication service to the public or forming part of the telephone, telegraph or other communication service or system of that person.

 Subsection 201(1) of the Act is replaced by the following:

Marginal note:Keeping gaming or betting house

  • 201 (1) Every person who keeps a common gaming house or common betting house 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.

 The portion of subsection 206(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Offence in relation to lotteries and games of chance

  • 206 (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

 Section 209 of the Act is replaced by the following:

Marginal note:Cheating at play

209 Every person who, with intent to defraud any person, cheats while playing a game or in holding the stakes for a game or in betting 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.

 The heading before section 210 and sections 210 and 211 of the Act are repealed.

Marginal note:2005, c. 32, s. 11

 Paragraph 215(3)(b) of the Act is replaced by the following:

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

Marginal note:2005, c. 32, s. 12

 Paragraph 218(b) of the Act is replaced by the following:

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

 Section 221 of the Act is replaced by the following:

Marginal note:Causing bodily harm by criminal negligence

221 Every person who by criminal negligence causes bodily harm to another person is guilty of

  • (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

  • (b) an offence punishable on summary conviction.

 Paragraph 229(c) of the Act is replaced by the following:

  • (c) if a person, for an unlawful object, does anything that they know is likely to cause death, and by doing so causes the death of a human being, even if they desire to effect their object without causing death or bodily harm to any human being.

 

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