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)

Related Amendments

R.S., c. F-27Food and Drugs Act

Marginal note:2019, c. 29, s. 170

63 Subsection 23(12) of the Food and Drugs Act is replaced by the following:

R.S., c. H-3Hazardous Products Act

Marginal note:2014, c. 20, s. 123

64 Subsection 22.1(4) of the Hazardous Products Act is replaced by the following:

R.S., c. P-14Pilotage Act

Marginal note:2019, c. 29, s. 252

65 Subsection 46.13(4) of the Pilotage Act is replaced by the following:

1996, c. 19Controlled Drugs and Substances Act

66 Section 11 of the Controlled Drugs and Substances Act is amended by adding the following after subsection (3):

1997, c. 13; 2018, c. 9, s. 2Tobacco and Vaping Products Act

Marginal note: 2018, c. 9, s. 45

67 Subsection 36(4) of the Tobacco and Vaping Products Act is replaced by the following:

2000, c. 9Canada Elections Act

Marginal note:2018, c. 31, s. 122

68 Subsection 175(9) of the Canada Elections Act is replaced by the following:

2002, c. 28Pest Control Products Act

Marginal note:2016, c. 9, s. 46(2)

69 Subsection 49(4) of the Pest Control Products Act is replaced by the following:

2009, c. 24Human Pathogens and Toxins Act

70 Subsection 42(4) of the Human Pathogens and Toxins Act is replaced by the following:

2010, c. 21Canada Consumer Product Safety Act

71 Subsection 22(4) of the Canada Consumer Product Safety Act is replaced by the following:

2012, c. 24Safe Food for Canadians Act

72 Subsection 26(4) of the Safe Food for Canadians Act is replaced by the following:

2018, c. 16Cannabis Act

73 Subsection 86(10) of the Cannabis Act is replaced by the following:

74 Section 87 of the Act is amended by adding the following after subsection (3):

2019, c. 1Wrecked, Abandoned or Hazardous Vessels Act

75 Subsection 75(4) of the Wrecked, Abandoned or Hazardous Vessels Act is replaced by the following:

Transitional Provisions

Marginal note:Clarification — immediate application

76 For greater certainty, but subject to sections 77 and 78, the amendments made by this Act also apply with respect to proceedings that are ongoing on the day on which this Act comes into force.

Marginal note:Continuation — authorizations and warrants

• 77 (1) The Criminal Code, as it read immediately before the day on which this Act comes into force, continues to apply with respect to

  • (a) an authorization given under section 184.3 of the Criminal Code before that day;

  • (b) a warrant issued under section 487.1 of that Act before that day;

  • (c) any other warrant issued before that day to which that section 487.1, as it read immediately before that day, applied;

  • (d) an application for an authorization or warrant referred to in any of paragraphs (a) to (c) that is submitted, and in respect of which no decision has been made, before that day; and

  • (e) any authorization that is given or warrant that is issued on or after that day on the basis of an application referred to in paragraph (d).

• Marginal note:Certain applications for warrants

  (2) Each of the following provisions, as it read immediately before the day on which this Act comes into force, continues to apply with respect to an application made for a warrant under the provision if the application is submitted, and no decision has been made in respect of the application, before that day:

  • (a) subsection 23(12) of the Food and Drugs Act;

  • (b) subsection 22.1(4) of the Hazardous Products Act;

  • (c) subsection 46.13(4) of the Pilotage Act;

  • (d) subsection 36(4) of the Tobacco and Vaping Products Act;

  • (e) subsection 175(9) of the Canada Elections Act;

  • (f) subsection 49(4) of the Pest Control Products Act;

  • (g) subsection 42(4) of the Human Pathogens and Toxins Act;

  • (h) subsection 22(4) of the Canada Consumer Product Safety Act;

  • (i) subsection 26(4) of the Safe Food for Canadians Act;

  • (j) subsection 86(10) of the Cannabis Act;

  • (k) subsection 75(4) of the Wrecked, Abandoned or Hazardous Vessels Act.

Marginal note:Continuation — section 489.1 of Criminal Code

78 Section 489.1 of the Criminal Code, as that section read immediately before the day on which this Act comes into force, continues to apply with respect to anything seized under a warrant issued under the Criminal Code or another Act of Parliament if the application for the warrant was made before that day.

Independent Review

Marginal note:Impact of remote proceedings

• 78.1 (1) The Minister of Justice must, no later than three years after the day on which this Act receives royal assent, initiate one or more independent reviews on the use of remote proceedings in criminal justice matters that must include an assessment of whether remote proceedings

  • (a) enhance, preserve or adversely affect access to justice;

  • (b) maintain fundamental principles of the administration of justice; and

  • (c) adequately address the rights and obligations of participants in the criminal justice system, including accused persons.

• Marginal note:Report

  (2) The Minister of Justice must, no later than five years after the day on which a review is initiated, cause a report on the review — including any findings or recommendations resulting from it — to be laid before each House of Parliament.

Review of Act

Marginal note:Review by committee

• 78.2 (1) At the start of the fifth year after the day on which this Act receives royal assent, the provisions enacted or amended by this Act are to be referred to a committee of the Senate and a committee of the House of Commons that may be designated or established for the purpose of reviewing the provisions.

• Marginal note:Report

  (2) The committees to which the provisions are referred are to review them and the use of remote proceedings in criminal justice matters and submit reports to the Houses of Parliament of which they are committees, including statements setting out any changes to the provisions that they recommend.

Coming into Force

Marginal note:30th day after royal assent

79 This Act comes into force on the 30th day after the day on which it receives royal assent.