An Act to amend the Criminal Code and the Identification of Criminals Act and to make related amendments to other Acts (COVID-19 response and other measures) (S.C. 2022, c. 17)
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Assented to 2022-12-15
R.S., c. C-46Criminal Code (continued)
Marginal note:1999, c. 5, s. 41(1)
49 (1) Paragraph 742.6(1)(f) of the Act is replaced by the following:
(f) any judge of a superior court of criminal jurisdiction or of a court of criminal jurisdiction or any justice of the peace may issue a warrant to arrest no matter which court, judge or justice sentenced the offender.
(2) Section 742.6 of the Act is amended by adding the following after subsection (1):
Marginal note:Warrant — means of telecommunication
(1.1) A warrant may be issued under paragraph (1)(f) by a means of telecommunication, and the provisions in section 487.1 on the issuance of a warrant apply for those purposes, with any necessary modifications.
Marginal note:2002, c. 13, s. 77
50 Section 774.1 of the English version of the Act is replaced by the following:
Marginal note:Appearance in person — habeas corpus
774.1 Despite any other provision of this Act, the person who is the subject of a writ of habeas corpus must appear in court in person.
Marginal note:2019, c. 25, s. 314
51 Paragraph (b) of the definition sentence in section 785 of the Act is replaced by the following:
(b) an order made under subsection 109(1) or 110(1), section 320.24, subsection 730(1) or 737(2.1) or (3) or section 738, 739, 742.1 or 742.3,
Marginal note:2011, c. 16, s. 16
52 Section 795 of the Act is replaced by the following:
Marginal note:Application of Parts XVI, XVIII, XVIII.1, XX, XX.1 and XXII.01
795 The provisions of Parts XVI and XVIII with respect to compelling the appearance of an accused before a justice, the provisions of Parts XVIII.1, XX and XX.1, insofar as they are not inconsistent with this Part, and the provisions of Part XXII.01, apply, with any necessary modifications, to proceedings under this Part.
53 (1) Subsection 800(2) of the French version of the Act is replaced by the following:
Marginal note:Avocat ou représentant
(2) Un défendeur peut comparaître personnellement ou par l’entremise d’un avocat ou représentant, mais la cour des poursuites sommaires peut exiger que le défendeur comparaisse personnellement et, si elle le juge à propos, décerner un mandat selon la formule 7 pour l’arrestation du défendeur, et ajourner le procès en attendant sa comparution en application du mandat.
Marginal note:2019, c. 25, s. 317
(2) Subsection 800(2.1) of the Act is repealed.
Marginal note:2019, c. 25, s. 324(1)
54 Subsection 817(2) of the French version of the Act is replaced by the following:
Marginal note:Conditions
(2) L’engagement contracté en vertu du présent article est subordonné à la condition que le poursuivant comparaisse personnellement ou par l’intermédiaire de son avocat, devant la cour d’appel lors des séances au cours desquelles l’appel doit être entendu.
Marginal note:2002, c. 13, s. 84
55 The heading after section 847 of the Act is repealed.
Marginal note:2007, c. 22, s. 23; 2018, c. 16, s. 224, c. 21, s. 29; 2019, c. 25, s. 331(2)(E)
56 Paragraph (b) of Form 5.04 of Part XXVIII of the Act is replaced by the following:
(b) has been convicted under the Criminal Code, discharged under section 730 of that Act or, in the case of a young person, found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act, of, or has been found not criminally responsible on account of mental disorder for, (offence), which, on the day on which the person was sentenced or discharged or the finding was made, was a secondary designated offence within the meaning of section 487.04 of the Criminal Code;
Marginal note:R.S., c. 27 (1st Supp.), s. 184(3); R.S., c. 1 (4th Supp.), s. 17; 2018, c. 21, ss. 30 and 31
57 Forms 5.1 and 5.2 of Part XXVIII of the Act are replaced by the following:
FORM 5.1(Subsection 320.29(5) and subparagraphs 462.32(4)(a)(ii) and 487.093(1)(a)(ii))Notice — Execution of Search Warrant
A warrant under section (section of the Criminal Code under which the warrant is issued) has been executed (at location or on name of person) on (date).
If anything is seized during the execution of the warrant, the things that were seized may be brought before the court at (address). However, if the peace officer, public officer or other person who executed the warrant filed with that court a report on the things that were seized, you may obtain a copy of the report from the clerk of that court. The report will indicate the things that were seized and the location at which they are being held.
FORM 5.2(Subsection 489.1(3))Report to a Justice
Canada,
Province of 
,
(territorial division).
To a justice having jurisdiction in respect of the matter and jurisdiction in the province in which the warrant referred to below was issued (or, if no warrant was issued, a justice having jurisdiction in respect of the matter).
I, (name of the peace officer or other person) have (state here whether you have acted under a warrant issued under the Criminal Code, under section 487.11 or 489 of the Criminal Code, or otherwise in the execution of duties under the Criminal Code or other Act of Parliament to be specified)
1 searched the premises situated at
; and2 seized the following things and dealt with them as follows:
Thing Seized
(describe each thing seized)
Disposition
(state, in respect of each thing seized, whether
(a) it was returned to the person lawfully entitled to its possession, in which case the receipt for it shall be attached to this report; or
(b) it is being detained to be dealt with according to law, in which case indicate the location and manner in which or, if applicable, the person by whom it is being detained.)
1. 2. 3. 4.
Signed on (date), at (place).
(Signature of peace officer or other person)
58 Part XXVIII of the Act is amended by adding the following after Form 6:
FORM 6.1(Subsection 485.2(1))Application for a Summons under Section 485.2
Canada,
Province of
(territorial division)
I (name), (occupation), of in (territorial division), apply for the issuance of a summons under section 485.2 of the Criminal Code requiring (name of accused or offender) to attend at a time and place stated in it for the purposes of the Identification of Criminals Act.
(Name of accused or offender) was previously required to appear on (date) at (hour) at (place) for the purposes of the Identification of Criminals Act under (a summons or an appearance notice or an undertaking or an order) issued on (date) in relation to (set out briefly the offence in respect of which the accused or offender was previously required to appear).
□ (Check if applicable) The offence which is currently the subject of the proceedings, namely (set out briefly the offence for which the accused is currently charged or the offender has been determined to be guilty) is different from the offence listed above, but stems from the same matter for which the accused or offender was previously required to appear under that Act, and is an offence referred to in paragraph 2(1)(c) of that Act.
The measurements, processes and operations referred to in that Act were not completed for the following reason(s):
(set out reason(s))
Sworn before me on (date), at (place).
(Signature of applicant)
(Signature of judge, justice or clerk of the court)
FORM 6.2(Subsection 485.2(1))Summons to Appear for the Purposes of the Identification of Criminals Act
Canada,
Province of
(territorial division)
To (name of person), of , born on (date of birth):
Because you were previously required to appear on (date) at (hour) at (place) for the purposes of the Identification of Criminals Act under (a summons or an appearance notice or an undertaking or an order) issued on (date) and the measurements, processes and operations referred to in that Act were not completed for exceptional reasons;
You are ordered, in Her Majesty’s name, to appear on (date) at (hour) at (place) for the purposes of the Identification of Criminals Act in relation to (set out briefly the offence in respect of which the accused was charged or the offender has been determined to be guilty).
You are warned that, unless you have a lawful excuse, it is an offence under subsection 145(3) of the Criminal Code to fail to appear for the purposes of the Identification of Criminals Act, as required in this summons.
If you commit an offence under subsection 145(3) of the Criminal Code, a warrant for your arrest may be issued (section 512 or 512.1 of the Criminal Code) and you may be liable to a fine or to imprisonment, or to both.
If you are on interim release and do not comply with this summons or are charged with committing an indictable offence after it has been issued to you, any summons, appearance notice, undertaking or release order to which you are subject may be cancelled and, as a result, you may be detained in custody (section 524 of the Criminal Code).
Signed on (date), at (place).
(Signature of judge, justice or clerk of the court)
(Name of the judge or justice)
Marginal note:2019, c. 25, s. 337
59 Item 3 of Form 10 of Part XXVIII of the Act is replaced by the following:
3 Alleged offence(s)
(set out briefly the offence(s) which the accused is alleged to have committed)
60 Part XXVIII of the Act is amended by adding the following after Form 11:
FORM 11.1(Section 515.01)Order to Appear for the Purposes of the Identification of Criminals Act
Canada,
Province of
(territorial division)
1 Identification
Surname:
Given name(s): Date of birth:
2 Contact Information
3 Charge(s)
(set out briefly the offence in respect of which the accused was charged)
4 Appearance for the purposes of the Identification of Criminals Act
You are ordered, in Her Majesty’s name, to appear on (date) at (hour) at (place) for the purposes of the Identification of Criminals Act.
5 Consequence for non-compliance
You are warned that, unless you have a lawful excuse, it is an offence under subsection 145(2) of the Criminal Code to fail to appear for the purposes of the Identification of Criminals Act, as required by this order.
If you commit an offence under subsection 145(2) of the Criminal Code, a warrant for your arrest may be issued (section 512, 512.2 or 512.3 of the Criminal Code) and you may be liable to a fine or to imprisonment, or to both.
If you do not comply with this order you may be arrested and the release order to which you are subject may be cancelled and, as a result, you may be detained in custody (section 524 of the Criminal Code).
6 Signatures
Signed on (date), at (place).
(Signature of judge, justice or clerk of the court)
(Name of the judge or justice)
Marginal note:2019, c. 25, s. 348(3)
61 Paragraph (m) under the heading “Liste de conditions” in Form 32 of Part XXVIII of the French version of the Act is replaced by the following:
m) Comparaître, personnellement ou par l’intermédiaire de son avocat, devant la cour d’appel lors des séances au cours desquelles l’appel doit être entendu (articles 817 et 832 du Code criminel);
R.S., c. I-1Identification of Criminals Act
Marginal note:1992, c. 47, s. 74(1); 1996, c. 7, s. 39
62 (1) Subparagraph 2(1)(a)(i) of the Identification of Criminals Act is replaced by the following:
(i) an indictable offence — or an offence punishable on summary conviction if it is an offence that could also have been prosecuted by indictment — other than an offence that is designated as a contravention under the Contraventions Act in respect of which the Attorney General, within the meaning of that Act, has made an election under section 50 of that Act, or
Marginal note:2019, c. 25, s. 388(1)
(2) Paragraph 2(1)(a) of the Act is amended by striking out “or” at the end of subparagraph 2(1)(a)(ii) and by repealing subparagraph 2(1)(a)(iii).
Marginal note:2019, c. 25, s. 388(2)
(3) Paragraph 2(1)(c) of the Act is replaced by the following:
(c) any person who is required under subsection 485.2(1), 500(3), 501(4) or 509(5) or section 515.01 of the Criminal Code to appear for the purposes of this Act by an appearance notice, undertaking, summons or order because they are alleged to have committed an indictable offence — or an offence punishable on summary conviction if it is an offence that could also have been prosecuted by indictment — other than an offence that is
(i) an offence that is designated as a contravention under the Contraventions Act in respect of which the Attorney General, within the meaning of that Act, has made an election under section 50 of that Act, or
(ii) an offence in respect of which proceedings were commenced by a peace officer under section 51 of the Cannabis Act; or
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